Ownership of materials: A Scottish/English dichotomy

Materials are a critical element within the construction industry yet the conditions and legality surrounding their ownership remains an area of uncertainty. The difficulty in ascertaining ownership is often found in the instances of payment, delivery and complex contractual relationships. Additionally, the nature of the construction industry whereby raw materials are purchased within a supply chain and are incorporated into the fabric of buildings or goods often creates further confusion. The importance of ownership is most apparent in the instances of disputes or insolvencies, both of which are regular occurrences within the construction industry and also in the management of a project with respect to cashflow and programme. This research aims to evaluate current law regarding ownership of materials in Scotland through the undertaking of a literature review which establishes the prevailing legal structure to inform the position and stance of Scots Law in relation to ownership of materials. Conclusions and recommendations propose it is imperative that parties are aware of current law surrounding the intricate matter regarding ownership of materials in Scots Law.