Part 4Remedies
38Procedure and time limits
1
Proceedings under section 37 may be brought in the sheriff court or the Court of Session.
2
Before bringing proceedings under section 37, the relevant person must notify the contracting authority of—
a
the failure by the contracting authority to comply with a duty mentioned in subsection (2)(b) of that section, and
b
the relevant person’s intention to bring proceedings in respect of that failure to comply.
3
The relevant person must bring proceedings under section 37 before the end of—
a
the period of 30 days beginning with the day on which the relevant person first knew or ought to have known that grounds for beginning the proceedings had arisen, or
b
such longer period of up to 3 months from that day as the court considers appropriate.
4
A longer period may be fixed under subsection (3)(b) only if the court considers that there is good reason for doing so.