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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11154
Experience:  30 years as a practising solicitor.
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A Scottish local authority has invoiced me done to

Customer Question

A Scottish local authority has invoiced me for work done to my property in a shared block more than 5 years after the work was completed but claim the Statute of Limits legislation does not apply because the work was not 'signed off' with the contractor until a year after completion. Is this a valid argument?

More detail:

In 2009 Aberdeen City Council undertook repairs in the '4 in a block' set of flats. As the only owner-occupier and therfore in a minority I was opbliged to pay for 1/4 of the works done. I accdpted this in principle. The estimated costs at the time were intimated to me in June 2009 as £7222. That was the last communication from them until November 2014 when they said they were going to send out an invoice in January, which they did. The work was completed in September 2009.

Please ask for more details if required.

Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
The five year limitation period starts when the obligation to pay arises. That would normally be on completion of the work, not when it is invoiced or signed off, otherwise they could wait for years before claiming payment.
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Customer: replied 1 year ago.

With respect to your first sentence, is there any paragraph in the legislation or case law to suport that interpretation?

Expert:  JGM replied 1 year ago.
From recollection, Schedule 2 of the Prescription and Limitation (Scotland) Act 1973 paragraph 1(4) which is available online.