Commentary

140 Ownership of materials

BUILDING AND ENGINEERING vol 5
| Commentary

140 Ownership of materials

| Commentary

140 Ownership of materials

As a general principle, property in building materials passes to the employer when they are incorporated into the building, or at such earlier time as the contract provides1. As between the contractor and a sub-contractor or supplier, property in materials passes in accordance with the terms of the sub-contract2 and, once property has so passed, the sub-contractor has no lien or equivalent right which may be enforced against the employer3.

Where a sub-contract expressly provides that property in materials shall not pass until the sub-contractor receives payment, this may prevail over

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