Materials on Site. 13.1 The Builder shall retain legal, equitable and beneficial ownership of and title to any plant, equipment, appliances, products or materials that are intended to be incorporated into the Building, even once they have been brought onto the Property by the Builder or the Builder’s subcontractors or suppliers (the “Builder’s Materials”), until the invoice relating to the Builder’s Materials, and all preceding invoices, have been paid in full. 13.2 Notwithstanding the attachment or intermingling of the Builder’s Materials to or with any other object or materials, the Builder’s Materials shall retain their identity as personal property of the Builder for as long as the Builder retains legal, equitable and beneficial ownership of and title to them. 13.3 In the event of the sale of the Property or of the Builder’s Materials by the Owner, the Owner must hold on trust for the Builder that part of the proceeds of the sale that is equal to the amount owing to the Builder at the time of receipt of the proceeds, and immediately pay such proceeds to the Builder on demand. 13.4 Should the Owner default in any payment due to the Builder, or breach any of the Owner’s other obligations under this Contract, the Builder shall be entitled to enter the Property and remove any of the Builder’s Materials and to sell any of them in order to recover any monies owing by the Owner under this Contract. All costs and expenses incurred by the Builder in doing so shall be paid by the Owner on demand or deducted from the proceeds of sale.
Appears in 2 contracts
Sources: Building Contract, Building Contract
Materials on Site. 13.1 15.1 The Builder shall retain legal, equitable and beneficial ownership of and title to any plant, equipment, appliances, products or materials that are intended to be incorporated into the Building, even once they have been brought onto the Property by the Builder or the Builder’s subcontractors or suppliers (the “Builder’s Materials”), until the invoice progress payment relating to the Builder’s Materials, and all preceding invoicesprogress payments, have been paid in full.
13.2 15.2 Notwithstanding the attachment or intermingling of the Builder’s Materials to or with any other object or materials, the Builder’s Materials shall retain their identity as personal property of the Builder for as long as the Builder retains legal, equitable and beneficial ownership of and title to them.
13.3 15.3 In the event of the sale of the Property or of the Builder’s Materials by the Owner, the Owner must hold on trust for the Builder that part of the proceeds of the sale that is equal to the amount owing to the Builder at the time of receipt of the proceeds, and immediately pay such proceeds to the Builder on demand.
13.4 15.4 Should the Owner default in any payment due to the Builder, or breach any of the Owner’s other obligations under this Contract, the Builder shall be entitled to enter the Property and remove any of the Builder’s Materials and to sell any of them in order to recover any monies owing by the Owner under this Contract. All costs and expenses incurred by the Builder in doing so shall be paid by the Owner on demand or deducted from the proceeds of sale.
Appears in 1 contract
Sources: Building Contract
Materials on Site. 13.1 14.1 The Builder shall retain legal, equitable and beneficial ownership of and title to any plant, equipment, appliances, products or materials that are intended to be incorporated into the Building, even once they have been brought onto the Property by the Builder or the Builder’s subcontractors or suppliers (the “Builder’s Materials”), until the invoice progress payment relating to the Builder’s Materials, and all preceding invoicesprogress payments, have been paid in full.
13.2 14.2 Notwithstanding the attachment or intermingling of the Builder’s Materials to or with any other object or materials, the Builder’s Materials shall retain their identity as personal property of the Builder for as long as the Builder retains legal, equitable and beneficial ownership of and title to them.
13.3 14.3 In the event of the sale of the Property or of the Builder’s Materials by the Owner, the Owner must hold on trust for the Builder that part of the proceeds of the sale that is equal to the amount owing to the Builder at the time of receipt of the proceeds, and immediately pay such proceeds to the Builder on demand.. Sample
13.4 14.4 Should the Owner default in any payment due to the Builder, or breach any of the Owner’s other obligations under this Contract, the Builder shall be entitled to enter the Property and remove any of the Builder’s Materials and to sell any of them in order to recover any monies owing by the Owner under this Contract. All costs and expenses incurred by the Builder in doing so shall be paid by the Owner on demand or deducted from the proceeds of sale.
Appears in 1 contract
Sources: Cost & Margin Building Contract
Materials on Site. 13.1 15.1 The Builder shall retain legal, equitable and beneficial ownership of and title to any plant, equipment, appliances, products or materials that are intended to be incorporated into the Building, even once they have been brought onto the Property by the Builder or the Builder’s subcontractors or suppliers (the “Builder’s Materials”), until the invoice progress payment relating to the Builder’s Materials, and all preceding invoicesprogress payments, have been paid in full.
13.2 15.2 Notwithstanding the attachment or intermingling of the Builder’s Materials to or with any other object or materials, the Builder’s Materials shall retain their identity as personal property of the Builder for as long as the Builder retains legal, equitable and beneficial ownership of and title to them.. Sample
13.3 15.3 In the event of the sale of the Property or of the Builder’s Materials by the Owner, the Owner must hold on trust for the Builder that part of the proceeds of the sale that is equal to the amount owing to the Builder at the time of receipt of the proceeds, and immediately pay such proceeds to the Builder on demand.
13.4 15.4 Should the Owner default in any payment due to the Builder, or breach any of the Owner’s other obligations under this Contract, the Builder shall be entitled to enter the Property and remove any of the Builder’s Materials and to sell any of them in order to recover any monies owing by the Owner under this Contract. All costs and expenses incurred by the Builder in doing so shall be paid by the Owner on demand or deducted from the proceeds of sale.
Appears in 1 contract
Sources: Building Contract