Legal Question in Construction Law in California

In California who owns the left over material from residential home construction, the contractor or homeowner who paid for the materials?

Asked on 7/01/13, 11:20 am

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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.

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Answered on 7/02/13, 10:38 am
John Laurie Gertz and Laurie

I would look to the terms of the contract.

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Answered on 7/03/13, 11:00 pm


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