Construction: Scotland

THE FIRM Dundas & Wilson maintains a strong presence in the Scottish market as a member of the ‘big four’. Commentators admire the group’s broad client roster, which features both private developer clients and big public sector names, with sources viewing the latter as being key to the team’s ability to ride out the current economic crisis.

Sources Say: "Pragmatic, client-pleasing and commercial."

KEY INDIVIDUALS Lindy Patterson has a prominent profile within the market and is key to the team dynamic. She is renowned for her “first-class, razor-sharp legal mind," and utilises her ability and experience astutely. She led the team advising National Museums Scotland on the £46.4 million redevelopment of the National Museum of Scotland. Alistair McLean is another of the group’s big hitters, whose practice encompasses both dispute resolution and avoidance counsel, as well as a broad range of non-contentious advice. One source described him as “the ideal construction solicitor,” highlighting that he combines ability and expertise with a phenomenal work ethic. Andrew Renton heads up the firm’s energies and utilities group, and benefits greatly from his prior experience as a civil engineer in the water and gas industries. His industry expertise and commercial acumen enable him to provide counsel in construction disputes. Renton and McLean have been central to advising key client Scottish Water on the NEC 3-based contract for the Edinburgh Drinking Water Project at Glencorse.

THE FIRM With expertise across the board, MacRoberts maintains an excellent position in the Scottish construction market; its contentious team has a particularly impressive reputation. Market sources praise the commercial and pragmatic nature of the group’s advice.

KEY INDIVIDUALS David Arnott heads the commercial litigation practice, and regularly brings his arbitration and litigation experience to bear on contentious construction issues. Recent highlights include advising a large British contractor on adjudication proceedings where the client was awarded £1.3 million. Neil Kelly heads the construction group and is an experienced litigator. He recently acted for AMEC in multiparty mediation of claims in excess of £34 million. Richard Barrie has more than 20 years of contentious construction experience and is one of the team’s core litigators. He advises a number of significant contractors and subcontractors across a range of construction litigation, arbitration, adjudication and mediation matters, and is increasingly advising insolvency practitioners on construction-related cases. David Henderson has extensive experience of construction and engineering law, and recently led the team advising Kirkintilloch’s Initiative on the £25 million construction of the Kirkintilloch Link Road. Glasgow-based Craig Turnbull is a partner in both the firm’s commercial litigation and construction teams, and is especially praised for his excellent work on behalf of subcontractors. Shona Frame is widely lauded by clients for providing “concise and incisive advice.”

THE FIRM Sources highlight McGrigors’ highly focused, capable team and first-class client service, and the firm's profile rises accordingly. It fields five full-time construction and engineering specialist partners, with a further 18 practitioners coming under the group’s umbrella. A number of its members are dual-qualified, enabling the team to handle construction work throughout the UK. The construction team has sector-specific expertise in the energy, infrastructure and oil and gas fields.

KEY INDIVIDUALS Brandon Nolan is a tremendously experienced construction lawyer with unquestionable expertise, and is praised for his impressive ability to convey his knowledge to clients and for his “measured, thorough approach – when he gives you advice, you know it's been considered from every angle.” Dual-qualified Colin Fraser also earns respect for conveying complex legal principles in layman’s terms: “He makes the complex seem straightforward by providing commercially focused legal advice and is a joy to work with.” He recently acted for Malcolm Construction Services in several complex adjudications relating to a Scottish PPP schools project. David Scott is an experienced construction litigator based in Edinburgh whose “sensible commercial advice” is popular with clients.  Since publication, Juliet Haldane has joined the firm from Shepherd and Wedderburn. She focuses on non-contentious construction and, according to clients, is “commercially astute.” She is well regarded for her expertise in the energy and governmental sectors.

THE FIRM Pinsent Masons' broad Scottish practice advises on a range of different construction issues, with the energy sector being a particularly key source of work recently.

KEY INDIVIDUALS  Kenny Valentine heads the Scottish construction and engineering team, and advises contractors, subcontractors and employers. Sources applaud his ability to explain complex legal issues in layman’s terms, noting that this pragmatism is one of the team’s hallmarks. Previous head of construction Fraser McMillan now heads Pinsent Masons’ offices in Scotland and is a tremendously experienced construction litigator. Sources highlight that he is “able to home in on the issues at hand with incredible sharpness.” Alastair Morrison was one of the founding partners of Pinsent Masons’ Scottish practice and is praised for his “honed strategic and tactical brain.” He remains active advising some of the group’s core clients. Michael Allan leads the transactional side of the team, drawing praise from market sources for his “timely, pragmatic and commercially focused advice." Non-contentious specialist Julia Maguire also garners positive commendation for her “concise commercial advice.”

THE FIRM Burness’ hire of several lawyers from the DLA Piper construction group has undeniably broadened the construction practice, with commentators keen to see the longer term impact on the firm's practice.

KEY INDIVIDUALS Fenella Mason hit the ground running, and has been acting for Inverclyde Council in a long-running multimillion-pound professional negligence claim relating to the construction of Greenock Waterfront Leisure Complex. Gavin Paton heads up the construction and projects team and is well regarded in the market. He is advising Riverside Inverclyde on the construction issues relating to the £180 million redevelopment of James Watt Dock on Clydeside. Chris Mackay is best recognised for his experience of the construction elements of significant PPP/PFI projects. He recently advised South Ayrshire Council on an approximately £1 million works compensation delay claim relating to the council’s schools PPP project. Dual-qualified James Forbes is principally a non-contentious specialist and a well-reputed practitioner. Sources describe his transactional approach as “dedicated, patient, commercial and measured at all times.” He is currently advising the University of St Andrews on the multimillion-pound redevelopment of its accommodation and academic estate.

THE FIRM Maclay Murray & Spens’ reputation in the construction arena continues to grow. The group has expanded from its one-partner origins ten years ago to its present six-partner incarnation. The market recognises its prominence in developer-led work, and the group is also making inroads into the contractor market, currently acting for Robertson Construction, Rok Building and Rok Civil Engineering, and Tulloch Construction.

KEY INDIVIDUALS  Mark Macaulayheads the team and maintains a broad construction practice, advising clients from all sides of the sector on all aspects relating to the drafting and negotiation of contracts. He is leading the team advising Hammerson subsidiary Union Square Developments on the development of a new shopping centre, retail park and transport hub adjacent to Aberdeen railway station. Jonathan Broome heads the group’s contentious offering, and recently led the team advising the developers of X-Scape at Braehead on the high-profile collapse of the ceiling in its multiplex cinema.

THE FIRM Shepherd and Wedderburn continues to flourish in the construction sector. Client service remains a key focus for the group, which is expanding its UK-wide coverage. The team has particular expertise in energy and the public sector.

Sources Say: “They always make us feel like a top priority.”

KEY INDIVIDUALS Group head Kevin Taylor is “a first-class, non-stop force to be reckoned with.” He is a non-contentious specialist, and has a broad and varied practice, illustrated by his recent work for a renewable energy client on a wind turbine contract negotiation in the Far East.

THE FIRM This team impresses in both contentious and non-contentious matters. Recent highlights for the construction team at this firm include acting for the contractor on the £110 million Aberdeen Schools project; the group has also been engaged by Glasgow School of Art on its £50 million redevelopment.

KEY INDIVIDUALS Veteran solicitor Keith Bishop's leadership sets the tone for the group’s commercial approach. His practice encompasses both contentious and non-contentious work.

THE FIRM Much of the group’s construction work derives from the firm's corporate and property teams. In a recent highlight, the team advised Siemens as part of the BBS consortium tasked with designing and completing the Edinburgh tram project.

KEY INDIVIDUALS Murray Shaw heads Biggart Baillie’s combined infrastructure, environment and planning group, which houses the firm’s construction expertise. He advises a range of developers, contractors and subcontractors on both contentious and non-contentious issues.

THE FIRM Brodies has established a niche within the Scottish construction market with its combined construction and engineering practice advising a wide range of public sector clients. A key recent highlight was providing initial construction procurement advice to Glasgow City Council on the development of the athletes’ village for the 2014 Glasgow Commonwealth games; the team is also involved in the ground-breaking Custom House Quay urban regeneration project.

KEY INDIVIDUALS Mark Finlay leads the team.

THE FIRM This compact but highly focused Edinburgh-based construction team provides a comprehensive service, and has carved itself a solid position within the Scottish construction market.

KEY INDIVIDUALS Tricia Morrison led the group in acting for RBS in a series of transactions, particularly regarding the funding of the design and construction of care homes across the UK.

THE FIRM This flourishing Aberdeen-based group is undoubtedly the best construction practice outside the Edinburgh/Glasgow central belt, handling a range of both contentious and non-contentious work for contractor and developer clients, including Tulloch Construction Group and Robertson Construction. Sources express great satisfaction with the firm.

KEY INDIVIDUALS Much of the firm's success can be attributed to the leadership of senior partner Jennifer Young. This “excellent construction solicitor” benefits from “an ability to summarise a situation in a matter of minutes.” Sarah Lane is similarly well regarded, described by one client as “extremely switched-on and extremely effective.” 

Jonathan Seddon heads the commercial property and construction groups at Morton Fraser. He focuses primarily on the contentious side of the practice, and is described as “a personable, down-to-earth guy.” Brandon Malone of Bell & Scott impresses sources with his “measured, thorough responses and commendable presence.” He focuses exclusively on contentious construction issues, and is also a regular speaker at conferences on construction law. Since publication, Gareth Parry has joined DLA Piper Scotland LLP from McGrigors LLP. Sources have noted the practical and commercial nature of his counsel. Stuart Macfarlane of Semple Fraser LLP is “approachable, knowledgeable and pragmatic,” and continues to draw plaudits from the market. He specialises in both contentious and non-contentious construction issues, and recently led the team acting for Sir Robert McAlpine Construction and Taylor Woodrow in the high-profile dispute relating to the upgrading of the M74.

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