Dispute over £87k retention for Manchester property goes to High Court

Bardsley Construction has become immersed in a legal battle with housebuilder Charles Church Developments in a row over a £3.3m property.

The dispute centres around planning conditions and a retention of £87,400 on a property in Manchester.

Bardsley agreed to sell the property in Mottram Road to Charles Church for £3.3m, plus VAT of over £500,000. The deal was completed in September 2007, with Charles Church keeping back a retention of around £87,000, it is alleged.

Charles Church agreed to use reasonable endeavours to satisfy planning conditions laid down, and then construct foundations on four plots at the site, before Manchester-based Bardsley came back on site to build a timber crib retaining wall, a High Court writ states.

But planning conditions were not met within nine months, and according to the writ, York company Charles Church should have paid the retention.

It is claimed that in breach of the agreement, Charles Church has refused to pay the retention of £87,000, and interest.

Bardsley Construction also argue that it is now released from its obligation to build the retaining wall, and other works, at Mottram Road.

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