Sarah Stuart

Construction/litigation.

Partner in construction unit (based within the commercial litigation division). Experienced in both contentious and non-contentious construction work drawing on an understanding of the reasons why clients end up in disputes to assist in the drafting and negotiating of contracts and advising on resolving disputes before resorting to litigation. Represents clients in the construction industry and service companies in the oil and gas industry. Well acquainted with alternative methods of dispute resolution including adjudication particular to the construction industry, expert determination and mediation. Experience includes: advising on development agreements, building contracts, sub-contracts (including interfacing issues), consultant appointments, collateral warranties, novations and performance bonds. Recent projects include; advising a global service company on the procurement of new leased premises including negotiation of the development agreement and review of the construction suite; advising housebuilder clients on disputes over claims under missives, ownership disputes and defending interim interdict (injunction) proceedings; advising clients in relation to intellectual property disputes in the Court of Session; advising and representing clients in relation to recovery of documents under Section 1 of the Administration of Justice (Scotland) Act; advising on complex partnership disputes involving succession and property issues;  advising clients on enforceability of rental clauses in terms of the Competition Act 1998; preparation and conduct on seminars for clients, construction industry bodies and organisations on general contract law and common disputes arising under the contracts (particularly construction contracts).

Westhill Academy, Aberdeenshire; University of Glasgow (1995 LLB Hons); University of Aberdeen (1996 Dip LP).