Outer House 29 March 1985. Action by contractors against local authority for payment of sum contractually due or due as damages for breach of contract on the modernisation of houses at Oban, Scotland . The work took place under JCT 1963 (Local Authorities with Quantities July 1972 revision), amended by Scottish Supplement July 1972. The contract provided that the works would be remeasured completely by the employers` quantity surveyors . As the works progressed, measurements were taken by the contractors and by the employers` quantity surveyors and were eventually agreed upon. A final figure was also agreed. Various disputes arose between the parties and the employers were called upon to submit these to arbitration . JCT 1963 clause 35(7) provided that "No action shall lie ... unless such action is raised or such proceedings are instituted within 3 years after the receipt by the contractor of the priced Bills of Variation ." The employers contended that the contractors claims were ti