North Dakota Code § 35-24-07

Rights of subcontractor against contract price
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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.

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