The legal view

[russellsmiler]

I read and contribute posts to this forum.
To me it seems a lot of posts have an underlying legal angle that sometimes gets overlooked in the posters desire to explain the work or skill requirement.

An example of this is about a post i have just read were a guy as had a bit of shoddy work undertaken by what we call a cowboy builder, and the OP dont know what to do.

As for myself, I possibly want to sort out the legalities of ownership of deliverd, but unpaid for materials on my project..

Just an idea!!

Russell

 

[russellsmiler]

oops

My idea was to have a place to ask legal questions, and hopefully get good legal dialouge regarding diy..selfbuild etc

 

[rjm2k]

As for myself, I possibly want to sort out the legalities of ownership of deliverd, but unpaid for materials on my project..

That's easy, you don't own it until you have paid for it! The small print on any order form will pretty much say that.

 

[stableroofer]

It is actually a lot more complicated than that!! and different for private and business customers.

Most T&C's will contain a simple 'Retention of Title' clause in them, however if the goods have been used, eg sand and cement mixed to make concrete then the a simple retention clause will 'expire' and not cover it.

There is also the legalities of actually physically being able to collect the goods from the premises, just because there is ownership doesn't mean there is access rights.

There is also an issue of liability for the products, in a simple ROT clause the liability for the goods would stay with the Seller, so they would be liable for any loss or damage to the goods in your care, which is why the larger companies will have a liability clause in there making you responsible for them.

 

[russellsmiler]

Thankyou stableroofer

Yes its very tricky this ownership issue.

I have had some blocks and bricks delivered to my house, they have been ordered by a construction firm who as an account with the merchant.

They are on my property, I havent paid construction firm for them yet,
construction firm havent paid merchant yet.

Ownership???? Possession is 9 tenths of the law!!

If I dont own them?? am I responsible for them?, (security from theft), (Possibility of somebody being injured because of them being there)

Its a minefield and thats why I think a specific place to post and discuss legal topics relating to diy etc would be good idea.

Russell