§ 35-24-15 — Parties to suit to foreclose

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.