The recent receivership and subsequent liquidation of Ebert
Construction Limited (Ebert) has been well
publicised with significant public interest about another large
construction firm in financial trouble.
One group of people particularly interested in the receivership
is the group of subcontractors who have had retentions held from
them by Ebert under construction contracts. This group included 152
entities / people and covered 213 separate contracts.
The High Court has recently given a judgment clarifying matters
for these subcontractors in what is the first test of the retention
regime contained in the Construction Contracts Act 2002
(Act).
How did Ebert handle retentions?
