35-27-09. Payment to contractors withheld.
189 words·~1 min read·
/nd/title-35/chapter-35-27-construction-lien/35-27-09·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The owner may withhold from the owner's contractor so much of the contract price as may be necessary to meet the demands of all persons, other than such contractor, having a lien upon the premises for labor, skill, or material furnished for the improvement, and for which the contractor is liable, and the owner may pay and discharge all such liens and deduct the cost thereof from such contract price. Any such person having a lien under the contractor in accordance with section 35-27-02 may serve upon the owner at any time a notice of that person's claim.
The owner, within fifteen days after the completion of the contract, may require any person having a lien hereunder, by written request therefor, to furnish to the owner an itemized and verified account of the person's claim, the amount thereof, and the person's name and address, and no action or other proceeding may be commenced for the enforcement of such lien until ten days after such statement is so furnished. The word "owner", as used in this section, includes any person interested in the premises otherwise than as a lienor thereunder.