Converting English law construction contracts for use under Scots law: practical checklist on execution, schedules, prescription, assignation, transfer of title to materials, and legislative terminology

Published by a LexisNexis Construction expert

Checklists

At first glance, a Scots law building contract, professional appointment or collateral warranty will seem much like its English law counterpart to any experienced practitioner. Look more closely, though, and you will find a range of subtle but significant distinctions that merit attention. This Checklist sets out practical pointers for converting an English law construction contract into one that complies with Scots law (often referred to as ‘kilting’ a contract). It is not comprehensive and proceeds on the basis that the parties are using standard mid-market construction forms without extensive project-specific drafting. Where such bespoke drafting is included, further divergences between Scots and English law may need to be considered.

Execution issues

There is no concept of ‘execution as a deed’ under Scots law.
Scots law documents are ordinarily signed in ‘self-proving’ form pursuant to the Requirements of Writing (Scotland) Act 1995.
They are not front-dated; instead, each party inserts its own signing date within its respective execution block...

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Web page updated on 20/05/2026

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