429.140. Duty of contractor when others file lien. - Missouri Statutes

Duty of contractor when others file lien.

429.140. In all cases where a lien shall be filed under theprovisions of sections 429.010 to 429.340 by any person otherthan a contractor, it shall be the duty of the contractor todefend any action brought thereupon, at his own expense; and,during the pendency of such action, the owner may withhold fromthe contractor the amount of money for which such lien shall befiled; and in case of judgment against the owner or his propertyupon the lien, he shall be entitled to deduct from any amount dueby him to the contractor the amount of such judgment and costs,and, if he shall have settled with the contractor in full, shallbe entitled to recover back from the contractor any amount sopaid by the owner for which the contractor was originally theparty liable.

(RSMo 1939 § 3567)

Prior revisions: 1929 § 3177; 1919 § 7237; 1909 § 8233