000 01851cad a22002055a 4500
001 L142673
008 080227e2007 xxk f v 000 0 eng d
035 _a(Sirsi) u142673
041 0 _aeng
245 0 0 _aBodill and Sons (Contractors) Ltd v Harmail Singh Mattu
_h[electronic resource]
260 _c2007
520 _a[2007] EWHC 2950 (QB), 30 November 2007. Considers the manner in which retention trust accounts should be set up. Respondent (M) engaged contractor (B) to construct new apartments and convert two warehouses under a JCT 1998 contract. The contract provided that the retention monies are held on trust and that if the contractor requests, the employer should place the retention in a separate banking account. In accordance with the contract, B asked M to set up the requisite separate bank account and pay the retention money into it. M failed to do this promptly and B issued proceedings for an injunction. The issues were how long was reasonable for the account to be set up and was the account sufficiently identified as a trust account as envisaged by the contract. "Held": M was nominally in breach of trust and/or contract in failing to secure the payment of the retention money into the account within a period of two to three weeks. In addition, the name of the account was not sufficiently clear and could not be described as a designated trust account. M undertook to rectify this.
590 _aKA
650 2 4 _aBODILL AND SONS (CONTRACTORS) LTD V MATTU
650 2 4 _aJCT STANDARD FORM OF BUILDING CONTRACT (1998 EDITION)
651 4 _aEngland and Wales
_y1543-
690 _aBUILT ENVIRONMENT-CONSTRUCTION MANAGEMENT-BUILDING CONTRACT ADMINISTRATION
856 4 0 _uhttps://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/QB/2007/2950.html
_zView the judgment free of charge at www.bailii.org...
942 _n0
999 _c79908
_d79908