Legal Question in Construction Law in California
Material delivered to site, then stolen
Can you direct me to the California law regarding construction material delivered to the site. It is my understanding that, once the material is delivered, it then becomes the responsibility of the owner if such material is stolen or dammaged.
Is this so and can you tell me where to read up on this subject.
Thank you,
Rudy
2 Answers from Attorneys
Re: Material delivered to site, then stolen
While your question does not specify I assume that you are a material supplier. Unless otherwise provided for in your agreement with builder, risk of loss passes upon delivery and acceptance of material by builder. Review the supplier agreement carefully, if one exists, particularly the insurance and indemnity sections. If nothing in contract documents addresses the risk of loss, review Calif. Commercial Code 2509 for additional info and guidance.
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Re: Material delivered to site, then stolen
If you need to enforce or defend a potential action based upon the loss and the application of the commercial code, call me directly at 1.619.222.3504.