The full impact of Coronavirus on Scottish construction projects is just beginning to bite. It is difficult to imagine a construction site that will not be effected. This means that Employers and Contractors need to think about what impact Coronavirus might have on their projects and what they should be doing now to best position themselves to deal with it.
Further to the First Minister’s statement on 23 March 2020, that all Scottish construction sites not delivering an essential building (such as a hospital) should close, in the face of earlier advice from the UK Government to the contrary, there has been widespread confusion within the industry as to whether sites should be closing or not, and who will bear the time and costs consequences of doing so.
The Court of Session has issued new requirements for commercial actions. These requirements took effect from 27 March 2017 and highlight a change in emphasis for alternative dispute resolution in Scotland.
The Regulatory Reform (Scotland) Act 2014 and Environmental Regulation (Enforcement Measures) (Scotland) Order 2015 granted SEPA additional powers from 1 June 2016 to issue fixed fines of up to £1000 in relation to suspected environmental offences, with powers to impose variable fines of up to £40,000 expected in late 2016.