318. Where the property in materials and plant remains in the contractor.

In relation to a determination otherwise than for insolvency1, and where the employer is given no rights over the contractor's materials, the contractor has a reasonable time in which to remove them and his plant from the site2. The employer may have the right to seize and use materials and plant. In such a case, the property in materials will vest in the owner of land if and when the materials are incorporated in the permanent work3, but the property in plant will not pass