39-C - 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.