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JF Finnegan Ltd v Ford Sellar Morris Developments Ltd

Language: English Series: Construction Industry Law Letter ; 1991 CILL 672-673(2)Publication details: 1991Subject(s): Summary: 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.
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Law report London Journal article ABS44625 (Browse shelf(Opens below)) 1 Available 48076-1001

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.