Writ against Oslo municipality was submitted timely

According to NS 8407 section 35.2 (b), a contractor whose claim for remuneration adjustment has been rejected must "initiate ordinary legal proceedings" within eight months. In an appeal concerning the interpretation of this provision, the Supreme Court found that it was not sufficient to send an application for conciliation within the eight-month deadline to retain the disputed claims. Reference was made to the background to the provision, the purpose of the rules and industry practice. The Supreme Court also found that the provision, by its content, was a legally agreed substantive limitation period. This meant that it was covered by section 18-3 subsection 2 of the Dispute Act. Since the writ in the case had been issued within one year after the conciliation board had suspended the processing of the case, the contractor had not lost the right to assert the additional claims.

Area of law: Construction. Limitation. NS 8407 section 35.2 (b). Section 18-3 of the Dispute Act. 

Key paragraphs: 68-75, 81-83, 92-94, 99

Read the whole judgment (Norwegian only)

Justices: Matheson, Normann, Arntzen, Østensen Berglund og konstituert dommar Elsheim.