Negotiation of construction documents can be a long and complex
process, therefore it is not surprising that parties are often
relieved when documents are finally agreed and signed.
In that context and given the hard work that has gone into
reaching a concluded agreement, it is with surprising regularity
that we see documents returned to us that are incorrectly
executed. A couple of recent examples include signing
directly on the "Sign Here" tab and completing the
signing block absent the required signature!
With that in mind, a refresher on signing construction documents
to ensure both formal validity and self-proving status is achieved
under Scots law is helpful.
In Scotland, while strictly speaking only certain agreements
require to be made in writing and comply with the formal execution
requirements contained in the Requirements of Writing (Scotland)
Act 1995, it is strongly advisable that parties to Scots Law
documents record the agreement in writing.
