Herbert Construction (UK) Ltd v Atlantic Estates plc
Herbert Construction (UK) Ltd v Atlantic Estates plc
- 1993
- Construction Industry Law Letter 1993 CILL 858-861(4) .
CA 1 July 1993. Respondent B was engaged by Appellant A to oversee a construction project. B engaged 23 work contractors; 5 were described as `Existing Tenders`. At issue was whether the trust created by Clause 4.8.1 of the Management Contract extended to the whole of the retention monies or whether it excluded amounts deducted and retained by reference to work contracts other than existing tenders. CA held, the amount which the Management Contractor was entitled to have placed in a separate bank account was limited to the retention relating to Management Contractor and Existing Tenders.
BUILT ENVIRONMENT-BUILDING CONTRACT FORMS
CLAIMS
CONTRACT CLAIMS
EXISTING TENDERS
JCT MANAGEMENT CONTRACT
RETENTION MONIES
CA 1 July 1993. Respondent B was engaged by Appellant A to oversee a construction project. B engaged 23 work contractors; 5 were described as `Existing Tenders`. At issue was whether the trust created by Clause 4.8.1 of the Management Contract extended to the whole of the retention monies or whether it excluded amounts deducted and retained by reference to work contracts other than existing tenders. CA held, the amount which the Management Contractor was entitled to have placed in a separate bank account was limited to the retention relating to Management Contractor and Existing Tenders.
BUILT ENVIRONMENT-BUILDING CONTRACT FORMS
CLAIMS
CONTRACT CLAIMS
EXISTING TENDERS
JCT MANAGEMENT CONTRACT
RETENTION MONIES