§ 2723 — Rights of owner where lien or judgment is obtained by a subcontractor

The owner of any structure built, repaired or altered by any contractor who has contracted to build, erect, alter or repair the same and furnish the materials therefor may, in case any liens are entered under this chapter upon the structure, upon any claim for materials which by the terms of the contract the contractor was bound to furnish, by any person or persons other than such contractor, retain and withhold from such contractor so much of the moneys to be paid to such contractor in pursuance of the contract made with such contractor as may be necessary to liquidate and discharge such liens; and, in case judgment is recovered by such lien creditors, the owner may apply the moneys or such part thereof as may be necessary to satisfy the judgment to the payment and satisfaction thereof. Such payment shall be considered and treated as a payment pro tanto to the contractor towards the moneys provided to be paid by the contractor.

Legislative History

16 Del. Laws, c. 145, § 1 ; Code 1915, §§ 2843, 2843A; 29 Del. Laws, c. 225 ; 38 Del. Laws, c. 159 ; Code 1935, § 3324; 25 Del. C. 1953, § 2723; 84 Del. Laws, c. 42, § 101