N.D. Cent. Code § 35-24-07
35-24-07. Rights of subcontractor against contract price
35-24-07. Rights of subcontractor against contract price
Nothing in this chapter may be deemed to fix a greater liability upon an owner in favor of
any claimant under an original contractor than the amount for which the owner would be liable to
the original contractor; provided, however, that the risk of all payments made to the original
contractor is upon the owner after the receipt of notice that a lien is claimed by a person other
than the original contractor; and provided further, that an owner does not have the right to offset
obligations of the original contractor unless such obligations arise out of the original contract.