71-3-1009. Liability fixed. This part may not be construed to fix a greater liability against the owner of the land or leasehold interest in the land than the price or sum stipulated by the owner to be paid for the materials or services furnished or labor performed. However, the risk of all payments made to the original contractor must be upon the owner if the payments are made after written notice from a person other than an original contractor is received by the owner at the owner's residence or principal place of business. The notice must set forth the name and address of the claimant and the amount and nature of the claim. Payment by the owner to the original contractor of all or any part of the contract price prior to the receipt of the notice must operate to discharge and satisfy all liens attaching to the property of the owner by virtue of this part to the extent of the payment. The owner does not have the right to offset obligations of the original contractor unless the obligations arise out of the original contract.
History: En. 45-1008 by Sec. 8, Ch. 143, L. 1957; R.C.M. 1947, 45-1008; amd. Sec. 2294, Ch. 56, L. 2009.