NEC ECC: For a project located in Edinburgh, Scotland, does the Housing Grants, construction and regeneration act 1996 apply?

Should we include W1 or W2 in the NEC3 ECC contract?

The simple answer is YES the ‘Construction Act’ applies to England and Wales or Scotland, so you should use Option W2.

The main difference is that where the payment or adjudication provisions in the contract are not compliant wih the requirements of the ‘Construction Act’, then the Scottish equivalent of ‘The Scheme for Construction Contracts’ would apply.