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NEC4 ECC: Title to Materials

+1 vote
In the NEC4 ECC the Scope states that an existing structure is to be demolished. Does the Contractor or the Employer have title to the material?

Some materials, say lead or copper may contain residual value, therefore profit can be made from their resale; in the NEC4 ECC who does these materials belong too?
asked Sep 19, 2018 in Title by Alasdair Slack (140 points)  

1 Answer

+2 votes
This is an express change in NEC4 compared to NEC3. If you look at 73.2 it now states that "Contractor has title to materials from the excavation and demolition unless the Scope (new word for NEC3 Works Information) states otherwise. That is a switch from NEC3 that said the Works Information had to expressly state that the Contractor has title to such material.

This is specifically for demolition and and excavation. It still remains the case in 73.1 that "the contractor has no title to an object of value or historical interest within the site. I guess there could be a potential grey area where the two overlap? You would like to think though that with common sense (dangerous assumption) in the most part these would clearly fall into one clause or other rather than overlapping.
answered Sep 19, 2018 by Glenn Hide Panel Member (76,160 points)  
Yes agreed on the overlap. Could this be interpreted as the Contractor has title to materials for the excavation and demolition UNLESS it has value or historical interest?
I don't think you can say UNLESS it has value, as some risings or demolished material could be considered valuable in themselves as scrap. I think common sense should prevail on this one. If they unearth a load of rotting wood that would be excavated material - until that is the rotting wood is recognised as being a viking long boat!