The Weekly Law Reports
[1973] 3 WLR 421
[HOUSE OF LORDS]
GILBERT-ASH (NORTHERN) LTD. APPELLANTS AND MODERN ENGINEERING (BRISTOL) LTD. RESPONDENTS
[On appeal from MODERN ENGINEERING (BRISTOL) LTD. v. GILBERT-ASH (NORTHERN) LTD.]
1973 June 25,
26,
27,
28;
July 25
July 25
Lord Reid, Lord Morris of Borth-y-Gest, Viscount Dilhorne, Lord Diplock and Lord Salmon
Building
— Contract
— R.I.B.A. form
— Local authorities edition
— Main contractors with own special sub-contract form for nominated sub-contractors
— Sub-contract form incorporating only to limited extent main contract in R.I.B.A. form
— Clause in sub-contract entitling contractors to withhold “amount of any bona fide contra account”
— Whether contractors entitled to withhold sums certified as payable and due to sub-contractors pending determination of unliquidated cross claims