ownership of material

[Quality A+ H/I]

What is the name of your state? PA

i am a contractor who is doing work for a builder. the builder filed Chapter 11 before i completed the job. i have material left on the job site not applied to the home. who ownes the material? can he hire another contractor to complete the job using my material? is this stealing if he has done so? can i press charges?

 

[JETX]

"i have material left on the job site not applied to the home. who ownes the material?"
*** That will depend on EXACTLY what your agreement was. If you were a material supplier, you are going to have to read your paperwork (invoice/receipt?) and see what it says as to transfer of ownership.

"can he hire another contractor to complete the job using my material?"
*** No. But you are going to have to review the ownership terms in your agreement.

"is this stealing if he has done so?"
*** No.

"can i press charges?"
*** Criminal charges?? No. Civil complaint, yes.

 

[HomeGuru]

What is the name of your state? PA

i am a contractor who is doing work for a builder. the builder filed Chapter 11 before i completed the job. i have material left on the job site not applied to the home.

**A: what do you mean by "not applied to the home?" Who paid for this material, the homeowner, the GC, you?
*********

 

[lwpat]

The material becomes the property of the bankruptcy court. Your only recourse is to file a claim with the court and hope there are enough assets to pay for some of the material.

 

[JETX]

"The material becomes the property of the bankruptcy court."
*** Where the hell did you get that from?? Where is there ANYTHING in this thread that would even imply that the bankruptcy court has ANY claim as to the property???

 

[HomeGuru]

I agree with JETX.

 

[lwpat]

I got it from the fact that it happened to our company. We placed several trailer loads of material on a project and billed for them. Before we received payment the general contractor filed bankruptcy and the court placed security guards on the site and took possession of the material.

We ended up getting about .20 on the dollar.

 

[JETX]

"We placed several trailer loads of material on a project and billed for them. Before we received payment the general contractor filed bankruptcy and the court placed security guards on the site and took possession of the material.

We ended up getting about .20 on the dollar."
*** Then your attorney screwed up. He should have petitioned the bankruptcy court to release the property since it was clearly NOT owned by the petitioner. Another example of what happens in one case does not necessarily 'make law'.

 

[HomeGuru]

Where is the writer?