Contracts for construction projects often provide that the property in unfixed materials and even materials not yet on site shall automatically vest in the employer on the happening of a specified event1. When the property is intended to pass is a question of construction; it is a question of fact whether that stage has been reached2. A vesting clause will not pass the property in unfixed materials unless clearly worded3. A vesting clause will not be affected by another clause giving the employer the right to take possession of and use unfixed materials
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