Shona Frame

Practice Areas

Shona Frame specialises 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 Chartered Institute of Arbitrators.

Shona is experienced in all forms of construction dispute resolution acting for contractor and developer parties and as legal adviser to arbitrators and adjudicators.

She has worked extensively with PFI/PPP contracts for authorities, project companies and supply chain parties, particularly water/sewage treatment, schools and hospitals.

Shona has been a member of the Scottish Building Contract Drafting Committee (responsible for SBCC standard form building contracts) since 2004. She is the SBCC representative on JCT’s BIM Working Group. She is a member of the Law Society of Scotland Construction Law Committee.

Shona regularly contributes 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, renamed as MacRoberts on Scottish Construction Contracts.

She is a CEDR Accredited Mediator and CEDR Neutral. She participated as a Mediator in a Mediation Pilot scheme for Sheriff Court disputes and acts as Arbitrator for ABTA Arbitrations.

Professional Memberships

Chambers & Partners 2014 Ranked Individual (Construction).

The International Who’s Who of Construction Lawyers.

Fellow of Associate of Chartered Institute of Arbitrators (FCIArb)

Member of SBCC Committee, SBCC Drafting Sub-Committee and SBCC representative on JCT BIM Working Group

Member of Society of Construction Law

CEDR Accredited Mediator

Member of 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)

Work Highlights

A 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 on 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.

An employer on 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 GBP 7m plus extension of time with in connection with road improvement scheme.

A bond provider on 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 CAD 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)

Education