Picture of Shona Frame

Shona Frame

Partner

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.

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"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

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

Chambers, 2012

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

Chambers, 2013

"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 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)
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Education

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

Show only
18 January 2019
UK Con­struc­tion 2019 – What next?
05/03/2019
“Smash and grab” and “true value” ad­ju­dic­a­tions: the de­bate con­tin­ues
A TCC de­cision last month has con­sidered the cir­cum­stances in which “true value” ad­ju­dic­a­tions can be used to over­come “smash and grab” ad­ju­dic­a­tion de­cisions. The case con­firms that “true value” de­cisions can­not be re­lied upon un­til the “smash and grab” de­cision.
15 January 2019
Key leg­al is­sues for con­struc­tion con­tract­ors in 2019
11/02/2019
Trans­port for the North sets out £70bn vis­ion
Trans­port for the North (“TfN”) has un­veiled its fi­nal draft Stra­tegic Trans­port Plan (“STP”) and In­vest­ment Pro­gramme. The In­vest­ment Pro­gramme sets out an am­bi­tious vis­ion for “trans­form­a­tion­al, in­clus­ive growth” by in­vest­ing in trans­port in the North of.
26/06/2017
CMS Guide to Build­ing In­form­a­tion Mod­el­ling (BIM)
05/02/2019
UK Con­struc­tion 2019 - What next?
UK Con­struc­tion 2019 – What next? is the latest re­port from CMS and gauges views from 150 seni­or man­age­ment rep­res­ent­at­ives op­er­at­ing across the UK con­struc­tion sec­tor. CMS wanted to ex­plore with those at the sharp end in the main con­tract­or mar­ket what chal­lenges.
What does Brexit mean for the UK’s con­struc­tion in­dustry
08/11/2018
Court of Ap­peal con­firms de­mise of “smash and grab” ad­ju­dic­a­tion
A Court of Ap­peal de­cision yes­ter­day has up­held a TCC de­cision earli­er this year which opened the door for so called “true value” ad­ju­dic­a­tions to counter the ef­fect of “smash and grab” de­cisions based on the ab­sence of pay­ment or pay less no­tices.
09/08/2018
Net con­tri­bu­tion clause giv­en wide ef­fect
The North­ern Ir­ish High Court has re­cently ap­plied a net con­tri­bu­tion clause in fa­vour of an ar­chi­tect who kept an em­ploy­er “in the dark” over cost sav­ing changes to a wa­ter proof­ing design. As a res­ult, the ar­chi­tect’s li­ab­il­ity for sub­sequent wa­ter in­gress.
26/06/2018
BIM Pro­tocol Mark 2: An in-depth look 
The Second Edi­tion of the CIC BIM Pro­tocol was pub­lished in April this year. A num­ber of sig­ni­fic­ant changes have been made in the new edi­tion, not least in re­la­tion to the se­cur­ity of BIM re­lated data in light of the re­cent PAS 1192-5 doc­u­ment de­voted to this.
12/06/2018
Brexit – con­struc­tion mar­ket re­sponses: Risks and mit­ig­a­tion meas­ures
Since Art­icle 50 was triggered in March 2017, ma­jor play­ers in the con­struc­tion in­dustry have been closely watch­ing the mar­ket to de­term­ine what any Brexit re­lated strategy should look like and how that strategy can be trans­lated in­to con­trac­tu­al pro­vi­sions.
23/05/2018
Re­ten­tions un­der the spot­light … third time lucky?
We have pre­vi­ously re­por­ted on at­tempts to re­form re­ten­tion prac­tices with­in the UK con­struc­tion in­dustry (see our our pre­vi­ous Law-Nows, here and here).  A Private Mem­bers’ Bill in­tro­duced last year did not reach its second read­ing be­fore par­lia­ment was dis­solved.