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§42-143.
§42-143.
Any person who shall furnish any such material or lease or rent
equipment used on said land or perform such labor as a subcontractor,
or as an artisan or day laborer in the employ of the contractor, may
obtain a lien upon such land, or improvements, or both, from the same
time, in the same manner, and to the same extent as the original
contractor, for the amount due him for such material, equipment and
labor; and any artisan or day laborer in the employ of, and any person
furnishing material or equipment used on said land to, such
subcontractor may obtain a lien upon such land, or improvements, or
both, for the same time, in the same manner, and to the same extent as
the subcontractor, for the amount due him for such material, equipment
used on said land and labor, by filing with the county clerk of the
county in which the land is situated, within ninety (90) days after
the date upon which material or equipment used on said land was last
furnished or labor last performed under such subcontract, a statement,
verified by affidavit, setting forth the amount due from the
contractor to the claimant, and the items thereof, as nearly as
practicable, the name of the owner, the name of the contractor, the
name of the claimant, and a legal description of the property upon
which a lien is claimed. Immediately upon the filing of such statement
the county clerk shall enter a record of the same against the tract
index and in the journal provided for in the preceding section, and in
the manner therein specified. Provided further, that the owner of any
land affected by such lien shall not thereby become liable to any
claimant for any greater amount than he contracted to pay the original
contractor. The risk of all payments made to the original contractor
shall be upon such owner until the expiration of the ninety (90) days
herein specified, and no owner shall be liable to an action by such
contractor until the expiration of said ninety (90) days, and such
owner may pay such subcontractor the amount due him from such
contractor for such labor, equipment used on said land and material,
and the amount so paid shall be held and deemed a payment of said
amount to the original contractor.
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