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Infrastructure & Capital Projects
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Autumn Bulletin 2026
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As we head into autumn, this edition highlights the key legal, regulatory and case law developments shaping the construction sector, many of which are likely to feature prominently at the upcoming Scottish Construction Summit in Glasgow. MFMac is proud to be a co-legal sponsor of the event, with members of our team speaking at conference sessions and available on our exhibition stand throughout the day. We look forward to meeting many of you there. In the meantime, if you would like to discuss any of the topics covered in this issue, please get in touch with the MFMac construction team.
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October 22 | SEC Glasgow
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Scottish Construction Summit 2026
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MFMac is proud to be legal co-sponsor of this year's Scottish Construction Summit in Glasgow, the largest gathering of construction professionals and contractors in Scotland.
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Policy
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Commercial Payments Bill continues to move apace
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The Commercial Payments Bill continues its parliamentary journey, with implications for Scotland’s construction sector. Proposed reforms include a ban on retentions, new advisory and investigatory powers for the Small Business Commissioner, and a 60-day cap on payment terms. Scottish consent is required, but is unlikely to delay progress towards Royal Assent in 2027.
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Contracts
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Prepare now for retention-free construction contracts?
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Contractual retentions in construction could soon be banned under proposed UK legislation, signalling a major shift for the sector. Our article explores the likely impact in Scotland, the alternatives being considered, and why replacing retention with bonds, guarantees or insurance could increase costs, complexity and risks across projects.
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Featured Article
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Construction sector beware
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Scotland’s law on prescription and latent construction defects remains mired in uncertainty, despite reforms intended to provide greater fairness to claimants. Neil Kelly examines how landmark court decisions have reshaped when claims become time-barred, why many defect claims have failed before issues were even discovered, and whether the Prescription (Scotland) Act 2018 has delivered the clarity the industry expected.
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A new 2026 court decision has reignited debate by casting doubt on the effectiveness of those reforms.
For developers, contractors, consultants and asset owners, the implications are significant, with growing concern that uncertainty could fuel disputes and even encourage a shift towards English law contracts.
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Energy
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Scottish onshore wind and the post-2030 connections challenge
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Proposed connection rules for onshore wind development are creating a bottleneck. Under the Clean Power Action Plan, only around 700MW of additional Scottish onshore wind is permitted to connect between 2031 and 2035, despite a much larger consented pipeline. Developers are pressing for an interim decision, and new UK Government energy minister Miatta Fahnbulleh’s approach will be watched closely by those in the sector.
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Case analysis
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First reported judgment on disclosure for the Procurement Act 2023
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The Technology and Construction Court has issued its judgment on an application for early specific disclosure under the Procurement Act 2023, in Prime Way Care Ltd v The Mayor and Burgesses of the London Borough of Southwark [2026] EWHC 1845 (TCC).
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Procurement
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An eye on lifting automatic suspensions under the Procurement Act 2023
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The first court ruling under the Procurement Act 2023 could reshape procurement challenges across the UK. In Parkingeye v Velindre University NHS Trust, the court refused to lift an automatic suspension, placing significant weight on the public interest and signalling a departure from the approach under the 2015 Regulations.
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This may herald something of a rebalance of power between the old and new procurement regimes as regards lifting automatic suspensions, compared to the test under the 2015 Regulations. It may be more difficult for contracting authorities to succeed in lifting an automatic suspension of procurements under the 2023 Act.
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Scottish business sentiment
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The View
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Our latest edition of The View draws on feedback from more than 100 Scottish business leaders to explore business confidence, economic challenges, digital transformation, talent and net zero progress.
The findings provide valuable context for organisations involved in infrastructure, construction and capital projects.
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Jennifer McKay
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Partner
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Gavin Thomson
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Partner
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Jonathan Seddon
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Partner
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Rod Munro
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Partner
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Robin Fallas
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Partner
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Duncan Osler
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Partner
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