JF Finnegan Ltd v Ford Sellar Morris Developments Ltd
JF Finnegan Ltd v Ford Sellar Morris Developments Ltd
- 1991
- Construction Industry Law Letter 1991 CILL 672-673(2) .
QBD 2 May 1991. J entered into a contract with F for works on a project. The contract incorporated JCT 1981 with contractors design and identified an employers agent, specified completion by 1 October 1989 and provided for liquidated damages of £5,000 a week. Practical completion took place on 12 January 1990. The contract provided for interim payments and allowed the employer to hold retention monies . F exercised their right to deduct retention money from the interim payments and retained the sum of £50,166.51. J`s solicitor asked F to place the retention money in a separate bank account which F failed to do. J sought an interlocutory mandatory injunction compelling him to do so. J`s application was granted and it was held that the request for a separate account could come at any time it did not have to come after every payment was made.
BUILT ENVIRONMENT-BUILDING CONTRACT FORMS
CLAIMS
DESIGN AND BUILD CONTRACTS
JCT 1981 WITH CONTRACTORS DESIGN
LAW CASE
QBD 2 May 1991. J entered into a contract with F for works on a project. The contract incorporated JCT 1981 with contractors design and identified an employers agent, specified completion by 1 October 1989 and provided for liquidated damages of £5,000 a week. Practical completion took place on 12 January 1990. The contract provided for interim payments and allowed the employer to hold retention monies . F exercised their right to deduct retention money from the interim payments and retained the sum of £50,166.51. J`s solicitor asked F to place the retention money in a separate bank account which F failed to do. J sought an interlocutory mandatory injunction compelling him to do so. J`s application was granted and it was held that the request for a separate account could come at any time it did not have to come after every payment was made.
BUILT ENVIRONMENT-BUILDING CONTRACT FORMS
CLAIMS
DESIGN AND BUILD CONTRACTS
JCT 1981 WITH CONTRACTORS DESIGN
LAW CASE