Double your money or bust: Beware of retention of title clauses

By James Bessey2019-08-08T05:00:00

These can leave a contractor paying twice for materials if a subcontractor goes bust

The construction industry suffers its fair share of insolvencies, and these often have an impact up and down the chain of parties involved in the delivery of a project. The main contractor can be forgiven for believing that once the materials are on site and/or used as part of the works, then that is the end of any retention of title issues. However, that is not always the case, due in part to a longstanding difference between the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982, as well as a complex Supreme Court decision.

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