Home / People / Shona Frame

Shona Frame

Partner

Portrait ofShona Frame

Shona Frame

Partner

Contact
CMS Cameron McKenna Nabarro Olswang LLP
1 West Regent Street
Glasgow
G2 1AP
United Kingdom
Languages English

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.

more less

"Shona is an excellent lawyer."

Chambers, 2024

"Shona is always an exceptionally safe pair of hands who I know will get the law right as well as offer commercially appropriate and strategic suggestions for dispute resolution. She will also be a formidable opponent who will have second-guessed the other side's position. Shona will undoubtedly deliver as promised on time."

Chambers, 2024

"She is a very experienced construction disputes lawyer and always impresses with her serenity. She is very calm and someone we like to work with."

Chambers, 2024

"Shona Frame brings a calm approach to stressful situations. Her client awareness skills are excellent."

Chambers, 2023

"Shona Frame has the ability to grasp complex technical matters and assess them in the context of legal priorities. She demonstrates great skill in forming arguments and is extremely attentive in all aspects of the service offered."

Chambers, 2023

"She's a very switched-on operator and is very hard-working,"

Chambers, 2019

Individually ranked for Construction. A “strong reputation among peers in the market”

Chambers, 2015

Individually ranked for Construction. A “key partner handling contentious issues. She remains highly respected by market sources"

Chambers, 2014

"Shona Frame is ‘a fantastic lawyer who combines a formidable intellect with an approachable style, and always delivers excellent strategic input’."

Legal 500, 2014 - Construction

"Shona Frame is a well-respected contentious practitioner who represents major contractors in multimillion-pound disputes."

Chambers, 2013

"… recognised for [her] expertise on contentious construction matters."

Chambers, 2012

"Shona Frame is a disputes specialist. Sources say she is "knowledgeable and incisive", and produces good results for clients."

Chambers, 2011

"Shona is an excellent lawyer."

Chambers, 2024

"Shona is always an exceptionally safe pair of hands who I know will get the law right as well as offer commercially appropriate and strategic suggestions for dispute resolution. She will also be a formidable opponent who will have second-guessed the other side's position. Shona will undoubtedly deliver as promised on time."

Chambers, 2024

"She is a very experienced construction disputes lawyer and always impresses with her serenity. She is very calm and someone we like to work with."

Chambers, 2024

"Shona Frame brings a calm approach to stressful situations. Her client awareness skills are excellent."

Chambers, 2023

"Shona Frame has the ability to grasp complex technical matters and assess them in the context of legal priorities. She demonstrates great skill in forming arguments and is extremely attentive in all aspects of the service offered."

Chambers, 2023

"She's a very switched-on operator and is very hard-working,"

Chambers, 2019

Individually ranked for Construction. A “strong reputation among peers in the market”

Chambers, 2015

Individually ranked for Construction. A “key partner handling contentious issues. She remains highly respected by market sources"

Chambers, 2014

"Shona Frame is ‘a fantastic lawyer who combines a formidable intellect with an approachable style, and always delivers excellent strategic input’."

Legal 500, 2014 - Construction

"Shona Frame is a well-respected contentious practitioner who represents major contractors in multimillion-pound disputes."

Chambers, 2013

"… recognised for [her] expertise on contentious construction matters."

Chambers, 2012

"Shona Frame is a disputes specialist. Sources say she is "knowledgeable and incisive", and produces good results for clients."

Chambers, 2011

Relevant experience

  • 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)
more less

Memberships & Roles

  • 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)
more less

Publications

  • Contributor to MacRoberts on Scottish Building Contracts (1st & 2nd editions) and contributor and joint Editor of the 3rd edition – MacRoberts on Scottish Construction Contracts.
  • 2013
  • Construction Law – Collaborative Working in Construction
  • MacRoberts Eupdate - Where Settlements Lead To Disputes (Interserve Industrial Services Limited v ZRE Katowice [2012] EWHC 3205 (TCC) – 8 February 2013)
  • CIArb Newsletter – March 2013 - What Constitutes a Valid Arbitration Clause? Turville Health Inc v Chartis Insurance UK Limited [2012] EWHC 3019 (TCC)
  • Construction Law International – April 2013 – Expert Witnesses in Construction Delay Claims
  • Construction Law Guest Editor – Where Human Rights Impinge on Enforcement (White & Mackay v Blyth & Blyth) – June 2013
  • Construction Law – August / September 2013 - Escalating Dispute Resolution Clauses
  • Construction Law International – September 2013 - Case Update Scotland - Where human rights impinge on enforcement (White & Mackay v Blyth & Blyth)
  • MacRoberts eupdate – Serious Irregularity in Arbitration (re Atkins Ltd v Secretary of State for Transport)
  • CIArb (Scottish Branch) Newsletter – Serious Irregularity in Arbitration (re Atkins Ltd v Secretary of State for Transport) and Court Powers To Grant Injunctions - Interaction Of Arbitration Act 1996 And Senior Courts Act 1981 (Ust-Kamemogorsk Hydropower Plant JSC v AES Ust-Kamemogorsk Hydropower Plant LLP)
  • RIAS Practice Information – Key Differences between JCT and SBCC Contracts
  • Lexology - Anti-suit Injunctions in International Arbitration - Which Court has Jurisdiction? (U&M Mining Zambia Limited v Konkola Copper Mines plc)
  • Lexology - Court Powers To Grant Injunctions - Interaction Of Arbitration Act 1996 And Senior Courts Act 1981 (Ust-Kamemogorsk Hydropower Plant JSC v AES Ust-Kamemogorsk Hydropower Plant LLP)
  • LexisNexis Construction modules x 5 – Contractual Implications of BIM, Advantages & Disadvantages of BIM, BIM Protocols, Management of BIM, Soft Landings
  • ADVOC Gazette, October 2013 - Court Powers To Grant Injunctions - Interaction Of Arbitration Act 1996 And Senior Courts Act 1981 (Ust-Kamemogorsk Hydropower Plant JSC v AES Ust-Kamemogorsk Hydropower Plant LLP)
  • IBA European Regional Forum Newsletter – October 2013 - Court Powers To Grant Injunctions - Interaction Of Arbitration Act 1996 And Senior Courts Act 1981 (Ust-Kamemogorsk Hydropower Plant JSC v AES Ust-Kamemogorsk Hydropower Plant LLP)
  • RIAS Practice Information, October 2013 – Note on CIC BIM Protocol
  • MacRoberts Eupdate - Review of Scottish Public Sector Procurement in Construction – October 2013
  • Construction Law – – December 2013 – Arbitration Invasion Repulsed (U&M Mining Zambia Limited v Konkola Copper Mines plc and Ust-Kamemogorsk Hydropower Plant JSC v AES Ust-Kamemogorsk Hydropower Plant LLP)
  • Construction Law International – December 2013 - Good Faith Obligations in Construction Contracts: A Sword or a Shield?
  • Construction Law International – December 2013 – What constitutes a valid arbitration clause? (re Turville Health Inc v Chartis Insurance UK Limited)

 

  • 2014
  • Construction Law - January/February 2014 – Review of 2013
  • IBA International Construction Projects Committee – ADR Guide for Scotland
  • 6 February - MacRoberts Construction eupdate – Can a Call of an On Demand Bond be Resisted? (re Doosan Babcock v Comercializadora)
  • 13 February - MacRoberts Construction eupdate – Injunction to Prevent Adjudication (Twintec v Volkerfitzpatrick)
  • Construction Law – March 2014 - Anatomy of a Scottish Court Action
  • LexisNexis Construction module – Differences between Scottish and English JCT/SBCC Contracts
  • 9 April – MacRoberts Construction eupdate – Can a party be prevented from referring a dispute to adjudication? (T Clarke v Mmaxx Underfloor Heating)
  • April - MacRoberts Construction eupdate – Finality of Payments under On Demand Bond (Wuhan Guoyu Logistics Group Co Ltd v Emporiki Bank of Greece SA)
  • May - ADVOC Gazette – Case note re bonds (Finality of Payments under On Demand Bond (Wuhan Guoyu Logistics Group Co Ltd v Emporiki Bank of Greece SA)
  • May - RIAS Practice Information – Note re Net Contribution Clauses (Royal Bank v Halcrow)
  • May - Lexis Nexis – Note re BIM Contract Amendments
  • Adjudication Society Newsletter – Injunctions in Adjudication
  • 14 July - MacRoberts Construction eupdate – Bonds: Style Over Substance? (re East Ayrshire Council v Zurich Insurance [2014] CSOH 102.
  • 21 July – MacRoberts Construction Eupdate - New Scottish Appeal Court Case on Enforcement of Adjudicator's Awards (Charles Henshaw & Sons Limited v Stewart & Shields Limited [2014] CSIH 55)
  • Construction Law August/September 2014 – Guest Editor – Soft Landings – Will We Be Ready?
  • August - IBA Construction Contracts Compendium Project
  • 20 October - MacRoberts eupdate – Right to adjudicate received Mmaxximum Protection (re T Clarke v Mmaxx – Inner House)
  • CIArb Scottish Branch Newsletter September 2014 – Validity of Arbitration Notices (re Petition of G1 Venues)
  • CIArb Scottish Branch Newsletter September 2014 – Q-Construct – Adjudication in Qatar
  • Construction Law, November 2014 – Collaborating on Constructing Excellence
  • Adjudication Society Newsletter – Mmaxximum Protection for Adjudication in Scotland

 

  • 2015
  • Construction Law January/February 2015 – Developments in Arbitration in Scotland
  • Construction Law – Guest Editor – Conflicts of Interest
  • Construction News – Back to back contract provisions cause issues for contractors
  • Construction Law – Prescription & Limitation (re Morrison v ICL and Trustees of Inter-vivos Trust of William Strathdee Gordon)
  • Construction Law International – Contractual Interpretation (Which is more suited to International Construction Projects – the UK or Swiss position?)
  • CIArb Scottish Newsletter – Conflict of Interest in Arbitration
  • CIArb Scottish Newsletter – IBA Guidelines on Conflicts of Interest in International Arbitration
  • The Scotsman (20 July 2015) - All to play for at Rio Olympic Games
  • ICES Newsletter – Legal Q&A – Payment & Pay Less Notices
  • Construction Law – Guest Editor – Escalating Dispute Clauses
more less

Lectures list

  • 2012
  • Construction Update for Royal Faculty of Procurators – 23 February 2012.
  • Chaired BIM Question Time Seminar – 24 April 2012.
  • 1 October: IBA Annual Conference (Dublin) - International Construction Projects Committee seminar - Experts & Expertise in Construction: Use of experts in Construction Delay Claims
  • 11 October – RICS Legal Issues in Construction Conference – speaking on Collaborative Working in Construction
  • 31 October – RIAS BIM Workshop – speaking on JCT/SBCC Approach to BIM
  • 5 November – SIBL (Scottish Institute for Business Leaders) – workshop on Mediation: Negotiation in Action Workshop
  • 12 November – CIOB Legal Update –BIM & Soft Landings – Contractual Implications

 

  • 2013

 

  • 15 January –Construction & Projects Knowledge Management Association – BIM & Soft Landings – Contractual Implications.
  • 28 February – Royal Faculty of Procurators Seminar – Anatomy of a Construction Contract.
  • 23 & 24 April –RICS CPD series seminars - Managing JCT/SBCC and NEC3 Contracts: A comparison
  • 23 May –Construction Q&A (speaking on Ampleforth v Turner & Townsend)
  • 30 May – RICS Dilapidations Conference – speaking on ADR and Dilapidations
  • 22 August - Managing JCT/SBCC and NEC3 Contracts: A comparison
  • 8 October – IBA Annual Conference, Boston - International Construction Projects Committee seminar – Extensions of Time and the Process of Administering EOT Provisions
  • 21 October – Training on Constructing Excellence Contract
  • 12 November – Chairing Construction Seminar – Defects in Buildings
  • 22 November – Workshop leader at Adjudication Society Conference, London
  • 28 November – Speaking at SBCC Annual Conference - "BIM and Contracts"

 

  • 2014

 

  • 1 & 2 April – RICS CPD Series – BIM and Contracts
  • 11 September – Talk for British Constructional Steelwork Association – Practical Issues around Payment and Late Information
  • 21 October – IBA Annual Conference, Tokyo - International Construction Projects Committee seminar – Say What? The Rules of Interpretation at Civil & Common Law
  • 27 November – SBCC Annual Conference - SBCC Contracts Update

 

  • 2015

 

  • 20 & 21 January - RICS Seminar – Extensions of Time – Methodology and Approaches in the Courts
  • 2 February – Prescription & Limitation
  • 16 May – IBA International Construction Projects Working Weekend, Mexico- Design & Construction Defects: 50 Shades of Liability
  • 28 May – RICS Adjudicator Training – Personal Bar, Waiver & Acquiescence
  • 30 September & 1 October – CMS seminar – It’s All About the Money – Payment & Pay Less Notices
  • 22 October – BIM Convention – Legal Implications of BIM
  • 5 November – CMS Public Aye – Payment & Pay Less Notices
  • 12 November – RICS Surveyor’s Conference – Surveyors as Expert Witnesses
  • 18 November – RICS Panel Members’ Training – Report Writing for Experts
more less

Education

  • 2015 – FCIArb, Chartered Institute of Arbitrators
  • 1995 - NP
  • 1992 – DipLP, University of Edinburgh, Edinburgh
  • 1991 - LLB (Hons), University of Edinburgh, Edinburgh
more less

Expertise

Feed

21/03/2024
Construction Focus 2024
The CMS Scotland Construction team invites you to Construction Focus 2024, our annual construction law review taking place in our Glasgow office. During this in-person session, we will review the latest construction law developments, consider the key issues, and provide practical insight on market trends. This will in­clude:Prac­tic­al implications of the continued rise in ESG Re­quire­ments­Man­age­ment of Fluctuation Provisions and Inflation in Con­tractsLe­gis­lat­ive Changes Affecting Con­struc­tion­Please join us for networking drinks following the session, even if you are unable to make it to the seminar. Please register using the button below so that we can ensure there's enough space and refreshments for everyone. We look forward to welcoming you!  
Event Legal
16/11/2023
The misuse of “without prejudice” material in adjudication proceedings
A recent TCC decision appears to be the first time enforcement of an adjudication decision has been refused due to the misuse of “without prejudice” material. Given the informal and fast-paced nature...
Law-Now Real Estate
13/03/2023
Do termination for convenience clauses cap loss of profit claims?
A recent decision of the Scottish Outer House has considered whether a loss of profit claim for repudiatory conduct was capped by the notice period specified by a termination for convenience clause, which...
Law-Now Real Estate
07/03/2023
Construction Focus 2023
The CMS Construction team invites you to Construction Focus 2023, our annual construction law review. We will discuss recent developments in case law and key legal themes we are coming across in­clud­ing: fire...
Event Webinar
11/01/2023
Construction: what’s coming up in 2023?
With the beginning of a new year, we have prepared a summary of key legal issues likely to affect the construction industry in 2023. Take a look at what is on the horizon for the year ahead with bite...
Law-Now Real Estate
14/10/2022
Construction Law: Contracting for ESG
Environmental, Social and Governance (ESG) considerations have become increasingly prominent in many aspects of society and construction is no exception. ESG is of course a broad church encompassing three...
Publication
22/08/2022
ICCA 2022
The ICCA 2022 Congress, the largest arbitration conference in the world will take place in Edinburgh on 18-21 September 2022. CMS Scotland is delighted to support the conference as platinum sponsors. 
Publication
01/08/2022
ESG in Construction - a view from the market
In June 2022, CMS hosted a Roundtable event on “The impact of Environmental, Social and Governance (ESG) considerations on the construction industry” with senior representatives from stakeholders in UK and overseas construction projects.  The discussion centred on how rapid developments in the ESG space are impacting corporations and the projects they are engaged on.  
Publication
08/07/2022
Competition law compliance risk in the construction sector
The construction sector has been a particular focus of the CMA for a number of years, but is firmly in the spotlight with a number of recent investigations. This is at a time of increasingly challenging...
Law-Now Real Estate
15/06/2022
Building Safety Act 2022: the Scottish perspective
The recently enacted Building Safety Act 2022 (the “Act”) makes large changes to the law in England and Wales in relation to construction projects, health and safety regulation and leaseholder rights...
Law-Now Real Estate
30/03/2022
Where now for contracts in a post pandemic world?
Businesses have experienced a myriad of challenges in managing their contracts as a result of the turmoil in the last 2 years. Inevitably many have turned to the courts for assistance in navigating complex...
Event Webinar
11/01/2022
Key Legal Issues for Contractors in 2022
With the beginning of a new year, we have prepared a summary of key legal issues likely to affect construction contractors in 2022. Take a look at what is on the horizon for the year ahead with bite size...
Publication
Load more articles