Part 9: Remedies for breach of statutory duty Section 106: Time limits on claims
Subsection (1) sets out that "specified set aside proceedings" (i.e. certain claims looking to set aside a contract or modification pursuant to Part 9) must be commenced within 30 days of when the supplier knew, or ought to have known about the alleged breach (and in any event within 6 months of the contract/modification being entered into). This means a claimant may in some instances have less than 30 days for specified set aside proceedings; for example, if the contract was signed on 1st January and the breach comes to light on 11th June, the supplier only has 20 days, as it needs to bring a challenge prior to the end of the six-month period.
	Sub-section (5) defines "specified set aside proceedings" for the application of the limitation period in sub-section (1) as proceedings under section 104(2) where a) the contract details notice was not published or b) in respect of a contract modification. The significance of the contract details notice is that it is usually the last point in the procurement that information is publicly provided that may inform a claim, so its absence means the threat of a set aside claim exists until the six-month cut-off (to provide certainty to the parties of the contract and the end customer that after this point the contract cannot be made void).
	Subsection (2) stipulates that for all other claims under Part 9, whether pre-contractual or post-contractual (and including for set aside of a contract for which a contract details notice was published), proceedings must commence within 30 days of the alleged breach being discovered (or when it should have been discovered).
	Subsections (3) and (4) permits the court to extend the 30 days limitation period to a maximum of three months if it considers there is a good reason for doing so (but not to extend the six-month cut off for set aside).