Mon 09 Jun 2025

Transport Scotland's Infrastructure and Construction Project Case Study

Transport Scotland's infrastructure upgrades are crucial for enhancing Scotland's transportation network. These projects, including improvements to the Sheriffhall roundabout on the Edinburgh City Bypass and the M8/M73/M74 Roads PPP Project, aim to improve connectivity, support economic growth, enhance safety, and provide environmental benefits.

Project Overview

By addressing complex legal and regulatory issues, our firm has played a pivotal role in ensuring the successful execution of these projects. Our expertise in transportation and infrastructure law has helped Transport Scotland navigate the complexities of large-scale projects, safeguarding their interests and reputation. These upgrades are strategically important for accommodating future growth and ensuring that Scotland's transportation network meets modern standards.

We were engaged by Transport Scotland to participate in the public local inquiry for the improvements to the Sheriffhall roundabout on the Edinburgh City Bypass. This £120 million scheme is a significant commitment by the Scottish Government to enhance one of the busiest and strategically important junctions in Central Scotland. Douglas Milne led the advocacy for the inquiry session, and we are currently awaiting the decision from Scottish Ministers. This project required our legal team to leverage their expertise in transportation and infrastructure law, showcasing our ability to advise on multifaceted issues and collaborate with other specialist teams within our firm.

In addition, we provided legal counsel for Scotland's second largest PPP roads project, the M8/M73/M74 Roads PPP Project. Our role involved addressing a variation to this project necessitated by a major adaptation to a connecting road managed by North Lanarkshire Council. Despite the project's early stage, we navigated complex interface issues between the PPP road project and the connecting non-PPP road project, as well as sensitive operating risk allocation matters to be resolved post-completion of the new works.

Furthermore, we supported the £500 million Aberdeen Western Peripheral NPD Project, Scotland's largest privately financed roads project. Our legal expertise was crucial in resolving a dispute with the project company and its FM subcontractor concerning the financial impact of changes to hydrocarbon tax legislation on the costs of providing services to the AWPR Road. This involved intricate issues related to the interpretation and application of the Change in Law provisions and protocols, ultimately leading to a successful resolution for our client.

Client Support

Our legal support for Transport Scotland encompasses several key areas. We meticulously review construction contracts to ensure compliance with the latest legislation and industry standards. Our negotiation process aims to secure favourable terms for Transport Scotland, mitigating potential risks and ensuring clarity in the scope of work, timelines, and payment schedules. We provide guidance on compliance with relevant regulations, ensuring that all aspects of the construction contracts adhere to stringent safety and legal requirements. We identify and address potential legal risks associated with infrastructure and construction projects, including liability issues, warranty provisions, and dispute resolution mechanisms. Our proactive approach helps Transport Scotland navigate the complexities of large-scale projects, safeguarding their interests and reputation. Our involvement in these projects has provided us with valuable insights into potential future regulatory changes. We leverage this knowledge to advise Transport Scotland on potential future regulatory changes, ensuring they remain ahead of the curve.

Conclusion

Our comprehensive legal support for Transport Scotland's infrastructure and construction projects demonstrates our expertise in navigating the complex regulatory landscape of the UK construction sector. By ensuring compliance with legislation, managing risks, and securing favourable contract terms, we help Transport Scotland deliver successful projects while maintaining the highest standards of safety and quality.

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