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This entry was published on 2014-09-22
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Repossession of materials not used
§ 39-c. Repossession of materials not used. If for any reason after
the work of a private or a public improvement of real property is
abandoned by an owner, a contractor or a subcontractor before the
completion thereof by such owner, contractor or subcontractor, or if,
after the same is completed, materials delivered are not used therefor,
a person who has delivered materials for the improvement which have not
been incorporated therein and for which he has not received payment may
repossess and remove such materials; and thereupon he shall have no lien
on the real property or improvements against persons secondarily liable,
for the price thereof, but he shall have the same rights in regard to
the materials as if he had never parted with the possession. This right
to repossess and remove the materials shall not be affected by their
sale, encumbrance, attachment, or transfer from the site of the
improvement, except that, if the materials have been so transferred, the
right to repossess them shall not be effective as against a purchaser or
encumbrancer thereof in good faith whose interest therein shall have
arisen since such transfer from the site of the improvement, or as
against a creditor attaching after such transfer. The right to
repossession and removal given by this section shall extend only to
materials whose purchase price does not exceed the amount remaining due
to the person repossessing; but where materials have been partly paid
for, the person delivering them may repossess them as allowed in this
section on refunding the part of the purchase price which has been paid
less the cost of removal.