H. & M. HEATING CO. v. Andrae

Duty of subcontractor to owner.

Under the Wisconsin statutes, 1 a subcontractor has a lien for his materials and labor directly on the property of the owner. He does not acquire that lien by subrogation to the lien rights of the general contract. Sec. 289.02 (5), Stats., 2 specifically provides that it shall be the duty of the contractor to protect and defend the owner against a lien claim of a subcontractor; and if he fails to successfully defend the owner, he is obliged to make the owner whole in the amount claimed. It is thus apparent that our statutory scheme recognizes the fact that the…