Is this you? As a journalist, you can create a free Muck Rack account to customize your profile, list your contact preferences, and upload a portfolio of your best work.
Claim your profile
Articles by Shona Frame
Embracing construction’s ESG challenge
By Shona Frame, partner and construction law specialist at CMS THE integration of ESG (Environmental, Social, and Governance) practices within the construction sector continues to present challenges for one of the UK’s key industries. A report released at the end of 2024 by Bartlett School of Sustainable Construction at University College London (UCL) highlights the extent of the task ahead.
When does the right to request a collateral warranty become time-barred?
A recent decision of the Court of Session appears to be the first case in England or Scotland to consider when a right to request the delivery of a collateral warranty becomes time-barred. The Court found that the relevant prescription period started with the execution of the underlying contract, rather than the date on which the warranty was requested.
When does the right to request a collateral warranty become time-barred?
19/04/2024 A recent decision of the Court of Session appears to be the first case in England or Scotland to consider when a right to request the delivery of a collateral warranty becomes time-barred. The Court found that the relevant prescription period started with the... Read more
The Misuse of “Without Prejudice” Material in Adjudication Proceedings
A recent TCC decision appears to be the first time enforcement of an adjudication decision has been refused due to the misuse of “without prejudice” material. Given the informal and fast-paced nature of adjudication, the wrongful introduction of "without prejudice" material is not uncommon. This case provides a helpful warning for parties to think twice before deploying such material, lest their opponents be given a potentially decisive reason to for resisting enforcement.
The misuse of “without prejudice” material in adjudication proceedings
The misuse of “without prejudice” material in adjudication proceedings 16/11/2023 A recent TCC decision appears to be the first time enforcement of an adjudication decision has been refused due to the misuse of “without prejudice” material. Given the informal and fast-paced nature of adjudication, the wrongful introduction of "without prejudice"... Read more Authors Ryan McCuaig Associate Glasgow Shona Frame Partner Glasgow
Do termination for convenience clauses cap loss of profit claims?
A recent decision of the Scottish Outer House has considered whether a loss of profit claim for repudiatory conduct was capped by the notice period specified by a termination for convenience clause, which could have been operated by the defaulting party. The limiting effect of such clauses has been upheld previously, but this appears to be the first case in which the question has been considered in circumstances where the contract was affirmed by the innocent party, rather than terminated.
Do termination for convenience clauses cap loss of profit claims?
Do termination for convenience clauses cap loss of profit claims? 13/03/2023 A recent decision of the Scottish Outer House has considered whether a loss of profit claim for repudiatory conduct was capped by the notice period specified by a termination for convenience clause, which could have been operated by the defaulting party. The limiting... Read more Authors Shona Frame Partner Glasgow Anita Crozier Associate Glasgow
Construction Focus 2023
This website uses cookies so that we can provide you with the best user experience possible. Our Cookie Notice is part of our Privacy Policy and explains in detail how and why we use cookies. To take full advantage of our website, we recommend that you click on “Accept All”. You can change these settings at any time via the button “Update Cookie Preferences” in our Cookie Notice.
Construction: what’s coming up in 2023?
11/01/2023 With the beginning of a new year, we have prepared a summary of key legal issues likely to affect the construction industry in 2023. Take a look at what is on the horizon for the year ahead with bite size snippets of important changes and influences. The flyer... Read more
Construction: what’s coming up in 2023?
With the beginning of a new year, we have prepared a summary of key legal issues likely to affect the construction industry in 2023. Take a look at what is on the horizon for the year ahead with bite size snippets of important changes and influences. The flyer touches on the Building Safety Act gateways, new procurement and data protection bills, carbon targets, greenwashing, aggregate levies and changes to EPC requirements.
Competition law compliance risk in the construction sector
The construction sector has been a particular focus of the CMA for a number of years, but is firmly in the spotlight with a number of recent investigations. This is at a time of increasingly challenging market conditions, with inflation and financial instability putting pressure on firms and their employees. Any economist or historian will tell you that in these conditions there is a heightened risk of anti-competitive practices.
Key legal issues for Contractors in 2022
United Kingdom January 11 2022 With the beginning of a new year, we have prepared a summary of key legal issues likely to affect construction contractors in 2022. Take a look at what is on the horizon for the year ahead with bite size snippets of important changes and influences for 2022.
Can you skip the adjudication step?
A health board’s right to raise a court action against its contractors was challenged on the grounds that the contract required adjudication be undertaken first. Shona Frame and Kathryn Moffett unpack the implications of the case Escalating dispute resolution provisions that contain a series of steps to resolve disputes are increasingly common and can be useful in focusing issues or reaching resolution.
Putting off the evil day: Contractual response periods and the crystallisation of construction disputes | Lexology
A recent TCC decision has considered the effect of contractual response periods on the crystallisation of a construction dispute for the purpose of adjudication. This case considers the response period applicable to extension of time claims under the JCT and SBCC forms of contract and is therefore of wide application.
Net contribution clauses: Radius Housing Association v JNP Architects
The Northern Irish High Court has recently applied a net contribution clause in favour of an architect who kept an employer “in the dark” over cost saving changes to a water proofing design. The architect’s liability for subsequent water ingress was therefore capable of being reduced on account of workmanship failings by the contractor.
The BIM Protocol second edition… three months on
The BIM Protocol second edition… three months on A number of significant changes have been made in the second edition of the CIC BIM Protocol, not least in relation to the security of BIM related data in light of the recent PAS 1192-5 document devoted to this subject. Chris Hallam, Shona Frame and Aidan Steensma of law firm CMS consider the changes in detail, together with their likely uptake in the industry.
BIM in practice: ownership of design data and access to the CDE
Building Information Modelling (BIM) is a technological solution intended to facilitate the sharing of design information in real time amongst the project team by means of a common software platform (sometimes referred to as the Common Data Environment), and its use is now mandatory on all UK government projects. A recent case saw a claimant being denied access to the BIM platform by its consultant in a dispute over unpaid fees, and seeking an interim mandatory injunction to restore it.
Show More
loading
Actions
Is this you?
As a journalist, you can create a free Muck Rack account to customize your profile, list your contact preferences, and upload a portfolio of your best work.Get in touch with Shona
Contact Shona, search articles and posts on X, monitor coverage, and track replies from one place.
Learn more about Muck Rack