Infrastructure & Capital Projects

Our team of legal experts provides comprehensive advice across all stages of infrastructure and capital projects — from inception and procurement through to delivery, operation and beyond. With decades of experience in the Scottish market, we understand the complexities of both public and private sector capital investment and we will always offer practical, forward-thinking solutions to the challenges you face.

Your project, our expertise, fused together

We have extensive experience across both public and private sector projects, including buildings, roads, railways, bridges, airports, hospitals, schools, office blocks and wider civil infrastructure.

Our team provides strategic guidance to help minimise transaction risk and cost, navigate consenting and planning issues and challenges, assemble real estate solutions, mitigate inflationary pressures and satisfy other regulatory requirements. Working closely with our integrated procurement teams, we assist project structuring to deliver commercial efficiency and maximise financial outcomes. We can also support you in securing funding and ensuring robust value delivery throughout the project lifecycle.

Experience, attention to detail and good lawyers who are technically strong with commercial understanding.

Chambers and Partners

The team are superb and have excellent knowledge. They are dynamic deal makers and will stand firm, but they also know when to be practical.

Chambers and Partners

We have found them to be very responsive to our needs, dealing with matters swiftly and appropriately for the issue to hand.

Chambers and Partners

They avoid legal jargon and everything is fully explained, which allows us to make the best informed decision for the company.

Chambers and Partners

The team has never failed to deliver the relevant expert to meet our specific needs. We have always received a speedy response and had resources provided to meet our demanding timescales.

Chambers and Partners

The firm are heavyweights in construction, handling some of the most high-value disputes. Their lawyers are real specialists in their field, with a breadth of experience at all levels.

Chambers and Partners

MFMac is able to provide legal representation and advises on all aspects of our business, which is very reassuring.

Chambers and Partners

From inception to delivery, our track record speaks for itself

We have a proven history of guiding public and private sector projects through every stage, from initial finance, risk assessment, property and planning considerations through to contract delivery and execution.

Our team ensures compliance with complex regulations and standards to avoid delays and penalties. We draft clear, robust contracts that reduce disputes and keep projects on track. With a strong focus on transparency and accountability, we build trust across stakeholders – including clients, investors, contractors and government bodies.

We also support procurement and project teams in aligning delivery with long-term strategic goals, helping to manage and resolve disputes effectively and drive successful outcomes.

Partnership across the project lifecycle

By integrating legal services at each stage, infrastructure projects can achieve smoother execution, reduced risks and greater overall success.

  • Early stage inception

    Early stage inception

    We can help with feasibility studies, site optioneering and the identification of planning constraints, securing funding and ensuring compliance with regulations.  

  • Land rights

    Land rights

    We're on hand to help manage land acquisitions and Compulsory Purchase Orders. 

  • Planning and design

    Planning and design

    Our experts can guide you through planning permission/consenting, environmental assessments, community consultations and ensure designs meet legal standards. 

  • Planning process

    Planning process

    We will guide you through the consenting process, including representation at Public Inquiry if necessary. 

  • Regulatory consent

    Regulatory consent

    We guide clients through planning permissions, environmental assessments and statutory approvals, including land acquisition via compulsory purchase and wayleaves under the Electricity Act 1989, ensuring compliance at every stage – from inception to commissioning.

  • Procurement

    Procurement

    We can support you through the process, ensuring compliance at every stage. We'll draft and review contracts to protect your interests and minimise risks. 

  • Construction and commissioning

    Construction and commissioning

    We'll advise on all contractual arrangements – draft, negotiate and agree all construction contracts, ensure that your interests are properly protected and that all contract terms are of the appropriate standard.

  • Handover and operation

    Handover and operation

    Our team will support a smooth transition to the operational phase and continue to provide expert legal guidance throughout the lifecycle of your project to help you navigate compliance, risk, evolving regulatory requirements and post-completion issues, including disputes. 

Case Study

SSE – Pathway to 2030

SSE's "Pathway to 2030" project is an ambitious initiative aimed at upgrading the electricity transmission network across the north of Scotland to support the UK's net zero targets.

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The Projects and Construction team is one of the leading teams in Scotland in terms of extent and breadth of experience and also one of the largest.

Legal 500

They always seek to maintain a balance between the legal position and the economic/financial practicalities. The people are responsive and turn around requests quickly and accurately.

Legal 500

MFMac is willing to bring in whatever resources are best suited to tackle the issue at hand.

Legal 500

Top quality service and people; fast response time; don't flood projects with lawyers.

Legal 500

Neil Kelly is highly capable and respected. Gavin Thomson is a delight to work with.

Legal 500

The firm is very approachable and takes a very inclusive and holistic approach to working with us. They are eager to understand our ways of working to allow them to offer tailored and much appreciated advice.
Jonathan Seddon and his team have a fantastic hands-on approach and great expertise. They have delivered seamless end-to-end assistance in a friendly and pragmatic fashion.

Legal 500

Neil Kelly is the patriarch of the construction team with 40 years of experience as a construction lawyer. He is calm, decisive, and handles large issues with ease.

Legal 500

They are very strong on NEC4 and amendments required for public sector and give excellent advice on negotiating terms and conditions with bidders.

Legal 500

  • Case Study

    Navigating complex regulatory challenges in a post Grenfell world

    The McConnell Group has been tackling fire safety in high-rise buildings post-Grenfell. Their projects, based in England, focus on cladding remediation and refurbishment to meet stringent safety standards. MFMac has expertly reviewed and negotiated construction contracts, ensuring compliance and effective risk management.

    Read more
  • Case Study

    NHS Scotland: Supporting healthcare infrastructure

    Scotland’s healthcare sector is undergoing a transformation through ambitious construction projects, reshaping the physical landscape and setting new legal precedents. MFMac is at the forefront of these developments, providing expert legal advice and representation.

    Read more
  • Case Study

    Bringing business to Capital Square

    Acting for BAM Properties Limited, and in partnership with Federated Hermes, in relation to in relation to a speculative office development at Capital Square, Morrison Street, in the heart of the Exchange – Edinburgh's commercial district.

    Read More
  • Funding models

    Proven expertise in project finance

    With experience advising on over 50 major infrastructure projects totalling more than £4 billion, our team has supported landmark developments such as Glasgow’s largest schools PPP, NHS Lothian’s Royal Infirmary PFI and the Forth Valley Hospital PPP. We also led the UK’s only equity-only PFI – Balfour Hospital NPD – and Scotland’s largest roads and wastewater schemes in Aberdeen and Almond Valley & Seafield.

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  • Disputes

    Resolving complex construction disputes

    MFMac has a strong track record in contentious construction matters, particularly in disputes arising from major infrastructure projects across Scotland. We are known for handling some of the most complex and high-value disputes in the sector, offering expertise in adjudication, arbitration, mediation and litigation. Our experience spans over 50 PPP projects with a combined value exceeding £4 billion. 

    MFMac’s lawyers are trusted by public bodies, contractors and developers to resolve disputes efficiently while balancing legal precision with commercial pragmatism.

     

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Our Infrastructure & Capital Projects experts

Our Infrastructure & Capital Projects team is deeply embedded in the industry and well-connected to the right people – enabling us to unlock opportunities, overcome barriers and get projects delivered efficiently.

  • Jonathan Seddon

    Partner

    Jonathan's expertise spans offices, industrial, leisure and hospitality, retail and all aspects of the living sector – including Purpose-Built Student Accommodation (PBSA), Build to Rent (BTR), housebuilding and care.

  • Rod Munro

    Partner

    Rod advises public and private sector clients on major projects across the infrastructure, energy, FM and health-related outsourcing sectors. He is one of Scotland's most experienced experts in PFI/PPP/ NPD and hub projects.

  • Robin Fallas

    Partner

    Robin advises public bodies and third sector organisations on procurement, subsidy control, governance and legal structuring for infrastructure and capital projects. 

  • Mike Barlow

    Partner

    Mike specialises in non-contentious construction law, advising on contracts and risk for major infrastructure projects across energy, transport and public facilities.

  • Duncan Osler

    Partner

    Duncan is a leading specialist in public procurement law, advising on major infrastructure and transport projects.

  • Lynn Pentland

    Legal Director

    Lynn is a transaction-focused lawyer with expertise in project agreements, FM and corporate aspects of infrastructure deals. 

  • Maggie Kinnes

    Consultant

    Maggie specialises in non-contentious construction law, advising on major infrastructure and flagship projects including NPD and PPP/PFI schemes.

  • Suzanne Hardie

    Partner

    Suzanne advises on ICPs from procurement to delivery, with expertise in joint ventures, housing and economic development.

  • Billy Kay

    Partner

    Billy advises sponsors, funds, financial institutions and local authorities on project finance, with deep experience across infrastructure and PFI/PPP.

  • Gavin Thomson

    Partner

    Gavin advises employers, contractors and design teams on a wide range of construction and engineering disputes, from residential defects to multi-million-pound infrastructure and energy projects

  • Jennifer McKay

    Partner

    Jennifer acts on behalf of employers, main contractors, sub-contractors, members of the design team and insurers in a wide variety of construction disputes across multiple sectors.

  • Isobell Reid

    Partner

    Isobell advises on planning and consenting for infrastructure and capital projects, helping deliver critical assets.

  • Mark Quinn

    Partner

    Mark focuses on infrastructure and capital projects, advising on land deals, development, funding and public-private partnerships, including PFI.

Case Study

A landmark in sustainable healthcare infrastructure

We are proud to act for NHS Lanarkshire in connection with the Monklands Replacement Project (MRP) – a transformative initiative that will see the design and construction of a cutting-edge new hospital at Wester Moffat in Airdrie, Lanarkshire. This ambitious development represents a major investment in Scotland’s healthcare infrastructure and is set to become a benchmark for sustainability and innovation in public sector construction.

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Infrastructure & Capital Projects Insights
Construction

Navigating complex regulatory challenges in a post Grenfell world

The McConnell Group is a leading UK contractor known for its commitment to high-quality construction and innovative solutions. Following the Grenfell disaster and subsequent inquiry the safety of high rise, residential buildings has become of paramount importance and the McConnell Group has been undertaking some significant cladding remediation projects with both public sector and private sector property owners.  

Find out more
Construction site with yellow crane and scaffolding under bright sunlight.
Construction

Tackling poor payment practices in the construction sector: Is this the end for retentions

As previously reported, research continues to show that poor payment practices are still the scourge of the construction sector.

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Construction
Construction

Handle with care: The recent decision of the UK Supreme Court in URS Corporation Limited v BDW Trading Limited

Neil Kelly argues that care is required in Scotland when considering the recent important decision of the UK Supreme Court in URS Corporation Limited v BDW Trading Limited, which deals principally with the impact of certain provisions in the Building Safety Act 2022.

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Construction Site Resized (4)
Construction

You gotta have (good) faith!

Recent decisions in England and Scotland highlight the growing significance of express and implied good faith obligations in construction contracts, with potential implications for future commercial disputes.

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Industry standards

We are actively engaged in shaping legal and industry standards through leadership roles across several influential organisations. Duncan Osler serves as Chair of the UK Procurement Lawyers Association and is an accredited specialist in procurement law by the Law Society of Scotland. Rod Munro sits on the UK Committee of the International Project Finance Association (IPFA), while MFMac is also a founding member of CBI Scotland’s Infrastructure Working Group. Additionally, Jonathan Seddon chairs the Real Estate group for Europe, Asia Pacific and the Middle East within Interlaw.

Cross-Border and International Services

Trusted construction legal advisers

Our specialist Infrastructure & Capital Projects team is a premier legal resource in Scotland – efficiently managing the Scottish aspects of UK-wide projects and delivering complex transactions to tight deadlines, supported by expert teams across key disciplines. Well-connected across the public and private sectors, our team has the relationships and insight to unlock opportunities, navigate challenges and get projects delivered.

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Make an Enquiry

From our offices we serve the whole of Scotland, as well as clients around the world with interests in Scotland. Please complete the form below, and a member of our team will be in touch shortly.

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