Colin Archibald

Colin has 25 years of experience in commercial dispute resolution work, with a focus on construction and real estate litigation. He also has significant expertise in the telecoms infrastructure sector, and leads the firm’s practice in that area.

Throughout his career, he has drawn on strong technical and project management skills to handle a broad range of high-value claims, including numerous complex construction contract disputes; large-scale defects claims; and high-profile real estate litigation involving a range of landlord and tenant matters, dilapidations, property contract disputes, overage claims and title/title condition issues. 

An experienced advocate, Colin has presented cases on behalf of clients across a range of dispute resolution forums. He also frequently advises on alternative methods of resolving disputes, particularly mediation.

Construction

  • Advising a property fund on a multimillion-pound defects claim relating to fire protection and external glazing issues arising from an office construction project. 
  • Advising a leading social housing developer on multiple adjudications arising from affordable housing development project and on wider strategy for resolving the underlying dispute, including advice on a range of complex contractual issues.
  • Advising a Housing Association on multimillion-pound dispute about installation of defective render systems on three residential tower blocks in their portfolio.
  • Advising RSL on a claim against a major utility arising from project for installation of external wall insulation systems across a portfolio of properties, including scope and interpretation of the complex contractual arrangements, obtaining technical expert advice, procurement of a remedial solution, and litigation strategy and ADR.
  • Advising a UK housebuilder following discovery of flammable cladding on one of its multi-storey development projects in the wake of the Grenfell Tower fire, including disputes with the factor, residents and the original contractors, and liaison with the local authority.

Real Estate

  • Advising a leading UK housebuilder on a range of complex issues arising from contractual dispute relating to new build development site and matters arising from procurement of climate-friendly energy solutions for the site.
  • Advising a multinational logistics company on defence of payment claim arising from dispute about validity of break notice.
  • Advising an offshore windfarm developer on complex issues relating to variation and discharge of servitude rights to facilitate construction of onshore infrastructure.
  • Advising a major national housebuilder in a successful appeal to the Lands Tribunal for Scotland to remove exclusion from the title to their land, facilitating a significant redevelopment opportunity.

Telecommunications

  • Advising various telecoms operators and their agents on a range of issues relating to renewal of Electronic Communications Code rights in respect of existing telecoms mast sites, and acquisition of such rights in respect of new sites.
  • Leading the team advising on the case of EE Limited v Duncan and Others, the leading Scottish case authority on the renewal of code rights under the Electronic Communications Code.
  • Leading the team advising a major telecoms operator on successful application for interdict and interim interdict arising from interference by a third party in the exercise of access rights to a telecommunications mast site; and in interdict proceedings against a landlord in the Court of Session to ensure compliance with access obligations under a Code agreement.

Partner

M:
0791 240 6050
T:
0131 473 5471