10.18 I have already recommended that mandatory trust funds for payment should be established for construction work governed by formal conditions of contract (see Chapter 8). It is important that public sector clients have the same requirements, in order to maintain confidence amongst subcontractors. If the main contractor fails, it would be the duty of the trustee to ensure direct payment out of the trust fund to subcontractors. If the client fails, payments would be made out of the trust fund to the contractor. Similar arrangements should cover retention monies if that system continues (see Chapter 11). The statutory provisions should ensure that the trustees are legally empowered to make full payments direct to contractors or subcontractors for work done, or materials supplied and/or already incorporated within the work, without the Receiver of the failed participant being allowed to take such monies on behalf of other creditors92. Separate provisions will be required for Scottish Law, but I am told that it is possible to devise them to obtain the same results93.