What can we help you with today?
The Association of Construction Attorneys (formerly the Association of Commercial Attorneys) was approved by the Lord President and Scottish Ministers as a regulator under section 26 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 in 2009.
The latest version of its revised scheme, which came into force on 17 July 2023, can be found on the Scottish Government website.
Members of the ACA must have a legal qualification (as a minimum, an accredited Bachelor of Laws) and a professional or construction qualification. In addition, members are required to have relevant construction and litigation experience as an architect, quantity surveyor or engineer.
Members of the ACA are officers of the court and complaints about them are subject to the regulatory oversight of the Scottish Legal Complaints Commission in the same way as solicitors, advocates and solicitor advocates.
Members of the ACA have the following rights:
(a) the right to conduct construction litigation in the sheriff court (including ordinary actions, summary applications and simple procedure) together with the right to conduct an appeal in the Sheriff Appeal Court and the Court of Session in any case conducted by a member in the sheriff court at first instance;
(b) a right of audience in respect of construction litigation in the sheriff court proceeding by way of simple procedure, including a right of audience in an appeal to the Sheriff Appeal Court in that case;
(c) a right of audience in respect of construction litigation in procedural hearings (including case management conferences however conducted) in ordinary actions in the sheriff court and in an appeal to the Sheriff Appeal Court in any case conducted by a member at first instance;
(d) a right of audience in respect of construction litigation in the sheriff court which is proceeding by way of an undefended ordinary action, in relation to a motion for decree; and
(e) the right to conduct construction litigation in the Court of Session at first instance, including any appeal to the Inner House of the Court of Session that may arise thereafter, but no right of audience.
Details of authorised members of the ACA can be obtained by contacting: info@constructionattorneys.org.