Notwithstanding the transfer of property to the employer by a vesting clause, the contractor retains the right to use unfixed materials for the construction of the works1. If on the completion of the works there are surplus materials or if materials are removed as not being in accordance with the contract, the property in them will revest in the contractor2. After the passing of property, materials cannot be taken in execution of a judgment obtained against the contractor3. Although the vesting clause may be insufficiently clear to
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