Key legal question
Whether the diverted construction payments constituted entrusted assets and established abuse of trust.
Extracted holding
The funds were entrusted for a specific use: paying the construction invoices of the project or the subcontractors chosen by the contractor. Using them for unrelated expenses and other sites satisfied abuse of trust.
Extracted reasoning
The contractual clauses fixed the use of the payments. The contractor could not freely dispose of the amounts; once he chose to do work himself or via third parties, he had to reserve the money accordingly. The diverted sums were used outside the agreed destination, and the subjective element was met because he acted intentionally for unlawful enrichment.