In California who owns the left over material from residential home construction, the contractor or homeowner who paid for the materials?
2 Answers from Attorneys
I think it would take a careful reading of the construction contract to figure this out. Normally, a construction contract for a house would involve the owner paying a (more or less) fixed price for a fixed result (a home conforming to the contract) and the builder/contractor would assume the risk that the materials he bought would be too little (and he'd have to buy more), or that he'd over-bought and had excess that he could take back to his shop afterwards. However, some construction contracts are written to place a lot more of the risk and reward on the owner, who essentially buys and furnishes the materials at his own risk, or reward. I'd say these contracts are a lot less common.
I would look to the terms of the contract.
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