It depends on the subcontract and the stage the work has reached: a non-standard protection clause can place the risk on the subcontractor, as WS Harvey v HL Smith shows, while under the JCT 2011 Standard Building Subcontract the subcontractor bears the risk until goods are fully, finally and properly incorporated, subject to the specified perils and contractor-negligence exceptions

It depends on the subcontract and the stage the work has reached. Under a non-standard subcontract that requires the subcontractor to provide all necessary protection, WS Harvey (Decorators) v HL Smith Construction held that the obligation to protect the works against damage from whatever cause, and to make good damage, rests firmly on the subcontractor. Where the JCT 2011 Standard Building Subcontract applies, the subcontractor bears the risk until goods are fully, finally and properly incorporated into the works, except damage by specified perils such as fire, storm or tempest, which falls on the contractor or employer under clause 6.7.1.1, and damage by the negligence of the contractor or another subcontractor, which falls on the main contractor under clause 6.7.1.2. Once goods are fully, finally and properly incorporated, clause 6.7.2 passes the risk to the contractor. Under the CECA Blue Form the subcontractor is at risk until the main works are substantially completed, unless Part II of the Fifth Schedule provides otherwise.