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Infrastructure & Capital Projects

Spring Bulletin 2026
 

In this issue, we bring you insights on the most significant legal and regulatory developments shaping the construction sector, along with practical commentary on what these changes mean for businesses and advisers, as well as analysis on the latest case law relevant to both construction and procurement. If you would like to discuss anything featured here in more detail, please contact one of the team here at MFMac.

Featured Article

Landmark Supreme Court ruling reshapes JCT/SBCC termination interpretation

In August 2024, we reported on Providence Building Services Limited v Hexagon Housing Association, a very important decision of the English Court of Appeal (ECA). It dealt with the proper interpretation of the termination provisions in the Joint Contracts Tribunal (JCT)/Scottish Building Contract Committee (SBCC) 2016 standard form building contracts.

These provisions allow a contractor, in certain defined circumstances, to terminate its own employment under the contracts. That decision was handed down after JCT published its updated and revised 2024 contract forms, where the relevant termination provisions remain essentially unchanged.

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Policy

Scottish Budget 2026-27: Key takeaways for construction and infrastructure

The Scottish Budget 2026–27 sets out significant investment and procurement opportunities for construction and infrastructure. The Scottish Budget on 13 January was accompanied by a multi-year Scottish Spending Review and Infrastructure Delivery Pipeline. We outline the key points in our article below.

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Consultations

Consultation underway on more construction products reform

The UK Government has taken another major step toward strengthening building safety with the publication of a comprehensive White Paper proposing wide-ranging reforms to the regulation of construction products. MFMac considers the proposed reforms which could apply to Scotland.

 

 
Policy

The Community Wealth Building (Scotland) Bill: What it means for local authorities and public bodies

The Community Wealth Building (Scotland) Bill has been heralded as a ground-breaking move for local economies. The Bill reflects the Scottish Government’s wider ambition to reduce inequality and empower local communities, and builds on initiatives such as Community Empowerment, Community Asset Transfer, Fair Work and Sustainable Procurement.

 
Safety rules

New fire safety rules for hotels, hostels and guest houses in Scotland

The Building (Scotland) Amendment Regulations 2025 will come into force on 6 April 2026, further developing the building standards and fire safety regime in Scotland. There are notable implications for relevant buildings in our built environment, specifically hotels, hostels, and other similar forms of accommodation.

 

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Energy

Scotland’s energy transition: what 2026 must deliver

Scotland’s energy transition is rich in ambition, but delivery is fast becoming the real test. That was the message from a recent E-Fwd Energy Transition event at Holyrood, which brought together policymakers and industry leaders to confront the barriers standing between strategy and execution as we approach 2030. The event underscored that 2026 could be a decisive year for turning ambition into action.

Case analysis

Aldi Stores Limited v Inverclyde Council

This case serves as a clear reminder that unreasonable delays in issuing dangerous building notices can result in judicial scrutiny and financial consequences.

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MFMac News

New Energy Partner appointment

MFMac strengthens Energy & Renewables offering with the appointment of a new Partner, Shehzad Khalid.

 
MFMac News

MFMac shortlisted for legal firm of the year

MFMac was shortlisted for Legal Firm of the Year at the 2026 Britsh Business Awards, which took place last night in Edinburgh.

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Jennifer McKay

Partner
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Gavin Thomson

Partner
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Jonathan Seddon

Partner
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Rod Munro

Partner
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Robin Fallas

Partner
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Duncan Osler

Partner