38-1-22. Advance payments under terms of contract -- Effect on liens.
The subcontractors' liens provided for in this chapter shall extend to the full contract price,
but if at the time of the commencement to do work or furnish materials the owner has paid upon
the contract, in accordance with the terms thereof, any portion of the contract price, either in
money or property, the lien of the contractor shall extend only to such unpaid balance, and the
lien of any subcontractor who has notice of such payment shall be limited to the unpaid balance of
the contract price. No part of the contract price shall by the terms of any contract be made
payable, nor shall the same or any part thereof be paid in advance of the commencement of the
work, for the purpose of evading or defeating the provisions of this chapter.
No Change Since 1953
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Last revised: Wednesday, July 23, 2008