Trushell, I and Morrison, S (2015) Ownership of materials: A Scottish/English dichotomy. In: Raiden, A and Aboagye-Nimo, E (eds.) Proceedings of 31st Annual ARCOM Conference, 7-9 September 2015, Lincoln, UK.
Abstract
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.
| Item Type: | Conference Paper (Paper) |
|---|---|
| Uncontrolled Keywords: | insolvency law; liquidation; ownership; sale of goods; Scotland |
| Index terms: | programme, dispute, literature review, insolvency, liquidation, construction industry, Scotland, ownership, contractual relationship |
| Subjects: | data analysis and analytics, contractual relationship, dispute resolution, project controls, industry analysis, financial analysis, liability law, economics, Geography |
| Topics: | Cost Management, Geographical Context, Research Practice, Legal Issues, Organizational Design, Contract Administration, Time Control |
| Descriptive scope: | 4 PCTA |
N.B. Descriptive scope is a count of how many of the five facets of empirical research are indicated by the words used in title, abstract and keywords. It is not intended as a judgement on the research; merely a count of the kind of word we would expect to indicate Phenomenon, Concepts, Theoretical framing, Empirical techniques, Analytical techniques. If all five are present, then a code of “5 PCTEA” will indicate this. If you feel the coding for this record is questionable, we welcome discussion around the terms we matched or the way we categorized them. The facet you would expect may not be coded, or a facet may be coded inappropriately. This can also bear on a larger question, of which facets should be treated as defining in construction management research. Please get in touch, and we will look at it. More details here