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.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.