| Commentary

35 General

| Commentary

4: SUPPLY OF MATERIALS

35 General

Under the maxim quicquid plantatur solo, solo cedit1, property in materials supplied by the contractor passes to the employer when they are incorporated into the building2. Thereafter the contractor may remove and replace materials which are found to be defective3, but he has no other rights to the materials, even if they are removed from the building’s fabric by the employer4.

Although the contract cannot delay the passing of property in materials beyond the date of their incorporation, many contracts provide for transfer at an earlier stage, either when an interim certificate which includes their value

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