Reservation of title in the construction industry: who wants it? - Some economic perspectives on risk-allocation

Williams, G.A.

Reservation of title in the construction industry: who wants it? - Some economic perspectives on risk-allocation - 1987 - Construction Law Journal 3(4) 1987, 252-273(22) .

Risk-allocation is implicit in disputes over ownership of materials on a construction site where the main builder becomes insolvent between receiving payment for goods from the client and passing the money onto the supplier. In 1976, Aluminium Industrie Vaassen BV v Romalpa Aluminium Ltd held in favour of the buyer despite previous disputes finding in favour of the client due to the structuring of the contract so that transfer of title is conditional on receiving payment in full. This article discusses developments since that date. (See Abs 21786)


Insolvency