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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Give that notice … it’s a condition precedent for recovering loss and expense under SBCC/JCT contracts
In the recent case of FES Limited v HFD Construction Group Limited (27 February 2024), the main issue between the parties was whether certain terms of the Standard Form of Building Contract for use in Scotland (SBC/Q/Scot) (2016 Edition) mean that it’s a condition precedent for obtaining reimbursement of loss and expense that the contractor gives proper notice in accordance with those terms.
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‘Smash and grab’ and ‘true value’ in the same adjudication?
One of the features of the contentious construction world is that only one crystallised dispute can be referred to adjudication at any one time. While that is easily stated, what it actually means is the subject of a large and complex body of case law from the courts.
