§38-2-23. Effect of failure of owner to record contract and bond.
In the event any such owner should fail to record such
contract and bond, or in the event the penalty of such bond
should not be equal to the contract price, or in the event such
bond should not be solvent at the time when given, then such
contractor shall be deemed to be the agent of such owner and the
building or other structure and the improvements appurtenant
thereto, together with the interest of the owner thereof in and
to the lot of land whereon the same stands or to which it is
removed, shall be held liable and subject to such perfected
liens, for the full and true value of all work and labor done and
of all materials, machinery and equipment furnished therefor,
although the same may exceed in the aggregate the price
stipulated in the contract between the owner and the contractor.