The plaintiff, an unpaid supplier of building materials, brought a motion under Rule 45.02 to have the proceeds of sale from one of the contractor's construction sites held in court pending the outcome of its action.
The plaintiff argued that the entire proceeds constituted a trust fund under section 8 of the Construction Act, even though the amount owed for materials supplied to that specific property was much less than the total debt owed across multiple projects.
The court held that the statutory trust under section 8 is project-specific, limiting the plaintiff's trust claim to the value of materials supplied to that particular property.
The motion was granted in part, with only the amount owed for that specific property, plus interest, ordered to be retained in court.
