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Tex. Prop. Code § 53.153

DEFENSE OF ACTIONS

Applied in 2 court decisions — leading case Weaver v. Jock (1986)

Most recently applied in Stolz v. Honeycutt (March 2001)

Acts 1983, 68th Leg., p. 3548, ch. 576, Sec. 1, eff

(a) If an affidavit claiming a mechanic's lien is filed by a person other than the original contractor, the original contractor shall defend at his own expense a suit brought on the claim.

(b) If the suit results in judgment on the lien against the owner or the owner's property, the owner is entitled to deduct the amount of the judgment and costs from any amount due the original contractor. If the owner has settled with the original contractor in full, the owner is entitled to recover from the original contractor any amount paid for which the original contractor was originally liable.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.