Neil Kelly
PartnerNeil specialises in advising employers, contractors, subcontractors, consultants, suppliers and their insurers in the construction sector.
Reflecting his involvement in the Construction Sector, Neil was made an Honorary Member of the Royal Institution of Chartered Surveyors (RICS) in 2007 and an Honorary Fellow of the Royal Incorporation of Architects in Scotland (RIAS) in 2012. In April 2016, the Chartered Institute of Building presented Neil with its Open Award for services to the Construction industry.
Neil is a past Chairman of the Scottish Branch of the Chartered Institute of Arbitrators (CIArb) and Convener of the Adjudication Society, Scottish Region.
In 2018, Neil was inducted to the Legal 500's Hall of Fame. He is also ranked as a Leader in the Field for Construction in Chambers UK Guide to the Legal Profession 2024.
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Employers Beware: Termination by Contractors made easier
In a significant decision issued on 15 August 2024 (Providence Building Services Limited v Hexagon Housing Association), the English Court of Appeal unanimously overturned the decision of the first instance judge on the proper interpretation of termination provisions in JCT 2016 standard form contracts, which are reflected in the Scottish Building Contract Committee 2016 forms. The relevant wording continues to be used in what we've seen so far of the new 2024 JCT forms, which have yet to be kilted by SBCC.
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Landmark Supreme Court ruling: Adjudication will not be available to deal with disputes under most collateral warranties
In a very significant decision (Abbey Healthcare (Mill Hill) Ltd v Augusta 2008 LLP (formerly Simply Construct (UK) LLP)) for the construction sector, the Supreme Court found that a collateral warranty granted by a contractor to a tenant did not give the tenant a right to adjudicate a dispute with the contractor about defects in the contractor's works under the Housing Grants, Construction and Regeneration Act 1996, as amended ('the 1996 Act').