CMS Cameron McKenna LLP
Shona has specialised since 1994 in construction dispute resolution. She has dual accreditation by the Law Society of Scotland as a specialist in Construction Law and in Arbitration Law.
She is a Fellow of the Chartered Institute of Arbitrators and holds its Diploma in Domestic Arbitration. Shona is a CEDR Accredited Mediator and CEDR Neutral (acting as Arbitrator and Adjudicator in several consumer schemes) and has participated as a Mediator in a Mediation Pilot scheme for Sheriff Court disputes. She is a member of the Chartered Institute of Arbitrators (Scottish Branch) Arbitrator Panel.
She has experience in all forms of construction dispute resolution both acting for parties, as legal adviser to arbitrators and adjudicators and as arbitrator/adjudicator.
She is familiar and works regularly with both standard form (including JCT, SBCC, NEC, ICE, IChemE) and bespoke contracts. She has worked extensively with PFI/PPP contracts, particularly on water/sewage treatment, schools, hospital and waste projects.
Shona has sat on the Scottish Building Contract Drafting Committee which is responsible for preparation of the SBCC standard form building contracts (the Scottish equivalent of JCT) since 2004.
She is the SBCC representative on the JCT BIM Working Group.
Shona contributes regular articles to Construction journals, speaks to industry bodies on construction related topics, was a contributor to MacRoberts’ book on Scottish Building Contracts (1st & 2nd editions) and contributor and joint Editor of the 3rd edition. She has written and spoken extensively about legal aspects of BIM.
She is a member of the International Construction Projects Committee of the International Bar Association and Co-Chair of the Project Execution Sub-Committee.
She is ranked in Chambers & Partners and listed in the International Who’s Who of Construction Lawyers.
- Advice to College under PPP contract for construction of new college campus. Various issues arising including potential derogations from required design, delay in completion, contractor’s claims for time and compensation event and issue related to extent to which items were included within provisional sum.
- SPV in PPP hospital project in its operational phase. Advising in relation to issues concerning defects in the firestopping. Dealing with interactions between various contract documents and involving considering the position both up and down the supply chain.
- A utilities contractor in relation to disputes arising out of 5-year term contract on an Alliancing basis with public sector employer. High volume, low value work resulted in many thousands of items requiring to be valued. Advice included tactics and pragmatic ways to deal with this in a manageable and cost effective manner.
- Advice to employer in respect of bond call arising from latent defects which had arisen in waste water treatment facility. Urgent bond call was required as the bond was within a few days of expiring. Call made successfully, payment received and arrangements were made for remedial work to be carried out.
- A public body employer in dispute with main contractor claiming £7m plus extension of time with in connection with road improvement scheme.
- A bond provider in relation to remediation bonds provided in respect of The Scottish Coal Company’s opencast mining operations. Advice in relation to whether valid calls had been made on the bonds totalling c£10m.
- A major utilities contractor in a series of disputes in adjudications with public sector employer under the NEC3 form of contract related to a number of water treatment plants. Issues related to time & cost consequences of compensation events. Other issues included the NEC3 contract provisions not having been correctly operated and the impact of the good faith provisions of contract.
- A successful party in Melville Dundas v. George Wimpey & Norwich Union (first case to go to House of Lords related to Housing Grants Construction & Regeneration Act 1996).
- A successful JV bidder for Term Contract for Management & Maintenance of Trunk Road Network South West in Scotland which was the subject of a procurement challenge in the form of a Judicial Review Petition and Commercial Action. Issues concerning abnormally low tender. Reported decision – Amey v Scottish Ministers.
- A successful party in John Doyle Construction v. Laing Management (leading Scottish appeal case on global claims)
Chambers & Partners 2014 Ranked Individual (Construction)
The International Who’s Who of Construction Lawyers
Fellow of Associate, Chartered Institute of Arbitrators (FCIArb)
Member, SBCC Committee, SBCC Drafting Sub-Committee and SBCC representative on JCT BIM Working Group
Member, Society of Construction Law
Accredited Mediator, CEDR
Member, International Construction Projects Committee of the IBA; Co-Vice Chair of Project Execution Sub Committee 2013 – 2015; Co-Chair of Project Execution Sub Committee 2015 – 2017
Contributor to 1st & 2nd Editions of MacRoberts on Scottish Building Contracts, contributor and co-editor of 3rd edition (MacRoberts on Scottish Construction Contracts)
CEDR Neutral on ABTA Arbitration Panel (acting as arbitrator in relation to consumer disputes through ABTA scheme run by CEDR)
2015 – FCIArb, Chartered Institute of Arbitrators
1995 – NP
1992 – DipLP, University of Edinburgh, Edinburgh
1991 – LLB (Hons), University of Edinburgh, Edinburgh