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insights
Construction prescription reform put to the test
A Scottish court decision suggests construction and property claims could be lost before hidden defects are discovered
Michael can advise on construction projects from inception to completion, and is accustomed to working in multidisciplinary teams
Michael Kitson is a Director in our Commercial Property and Construction Team in Edinburgh.
He has more than 14 years’ experience advising on a wide range of non-contentious construction matters for private-sector and public-sector clients throughout the UK.
Michael has considerable experience acting for developers, contractors, consultants, and funders across a range of sectors. With all clients, he collaborates closely to understand their requirements and address project-specific issues before delivering practical, tailored advice.
Michael drafts and negotiates all forms of construction documentation, including building contracts, professional appointments, collateral warranties and subcontracts, and is experienced in advising on the standard form construction contracts most regularly used in the construction industry.
He also provides input into construction-related provisions in agreements for lease, development agreements, purchase and sale missives and funding agreements.
Most recently, Michael has provided construction support for significant residential development projects and cladding remediation initiatives.
Meet the team
We guide you through commercial property deals with clear advice and careful drafting. That covers buying and selling, leasing, development and investment work, and the due diligence that underpins it all.
Who we help
We act for landlords, tenants, developers, investors and occupiers across many sectors. Whether you’re managing a single site or a full portfolio, we’ll help you protect value and keep transactions moving.
Insights from Michael
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Construction retentions: Government presses ahead with proposed ban
One of the construction industry's most controversial payment practices may finally be nearing an end
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Managing risk in refurbishments: Insurance
When a refurbishment goes wrong, the biggest surprise could be discovering who was meant to insure what…
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Is a second yellow a red? The Supreme Court’s view on JCT termination
A recent Supreme Court judgment provides clarity on how the JCT Design and Build Contract 2016 handles termination for employer non‑payment
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Socially awkward
Could an informal WhatsApp message to a business contact form a binding contract? A recent construction court case provides the answer.
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The future of construction retentions: Ban or protection?
The Department for Business and Trade (DBT) is consulting on reforming construction retentions, proposing either an outright ban or mandatory protection to prevent 13% of funds from being lost to late payment or insolvency.
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Whose risk is it anyway? The high stakes of site condition clauses
The High Court ruled that informal "Clarifications" can override formal contract terms. Ensure digital and paper contracts match and avoid including negotiation history.
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Can parties conclude a contract via WhatsApp messages?
WhatsApp messages form binding construction contracts if price and scope are agreed. Gaps are filled by statutory "default" payment rules
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At your side to provide peace of mind, our people are here to listen and advise in the moments that matter most.
Meet our peopleCommercial property
Working with you quickly and efficiently on all levels of transaction - from the straightforward to the complex.
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