Sec. 53.153. DEFENSE OF ACTIONS. (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.
Acts 1983, 68th Leg., p. 3548, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Structure Texas Statutes
Title 5 - Exempt Property and Liens
Chapter 53 - Mechanic's, Contractor's, or Materialman's Lien
Subchapter G. Release and Foreclosure; Action on Claim
Section 53.151. Enforcement of Remedies Against Money Due Original Contractor or Subcontractor
Section 53.152. Release of Claim or Lien
Section 53.153. Defense of Actions
Section 53.155. Transfer of Property Sold
Section 53.156. Costs and Attorney's Fees
Section 53.157. Discharge of Lien
Section 53.158. Period for Bringing Suit to Foreclose Lien
Section 53.159. Obligation to Furnish Information
Section 53.160. Summary Motion to Remove Invalid or Unenforceable Lien