In such actions all persons whose liens are filed as herein provided and other encumbrancers may be made parties and the issues must be made and the trials must be conducted as in other civil cases. When such action is brought by any person other than an original contractor, the original contractor through whom such person claims a lien must be made a party defendant and shall at the contractor’s own expense defend against the claim and if the contractor fails to make such defense, the owner may make the same at the expense of such original contractor. Until all claims, costs, and expenses are finally adjudicated and defeated or satisfied, the owner is entitled to retain from the original contractor the amount thereof.

Terms Used In North Dakota Code 35-24-15

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49