There has been much discussion of the consequences of failure to serve a contractual notice, for instance for more time or money, and whether it is fatal to the claim. A PPP schools project in Ayrshire had anticipated a certain amount of asbestos removal work but if there was more to remove, or the removal took longer, that was a contractual compensation event. More asbestos than anticipated was found and the SPV claimed a 16 week extension of time and compensation.

The parties agreed that complying with the relevant clause for obtaining relief or compensation was a condition precedent to recovery and the court found that the SPV had failed to give the required notice. Which meant that the contractor lost any entitlement to time or money for its claim.

Education 4 Ayrshire Ltd v South Ayrshire Limited [2009] CSOH 146