284. Express vesting clauses.

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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