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How can you account for transfer of title in the subcontract?

TexasConstruction Contract

In the context of stored materials, and in the absence of specific contractual provisions (which is usually the case), it is often unclear when risk of loss and title transfer. This lack of clarity consequently makes the timing of revenue recognition not only hard to determine but hard to document. Any suggestions on how to address this? Are there particular resources you can point to?

1 reply

Dec 3, 2019
I'll be the first to admit that I'm rusty on risk of loss and title transfer - my expertise lies mostly in construction payment disputes such as mechanics lien law. However, it looks like this resource from Fullerton Law might be valuable here as it discusses title and risk of loss within the construction context: Construction Law Survival Manual.
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