247. Limitations on employer's right to pay sub-contractor.

In general, the employer cannot discharge his liability to the contractor by paying the sub-contractor. In case of the bankruptcy of the contractor, the architect cannot deduct a payment made to a sub-contractor for work and materials supplied by him from the balance certified as due to the main contractor, but may be compelled to certify payment to the main contractor without such deduction1. A wide provision that in the event of the main contractor unduly delaying proper payment to the sub-contractors the employer may pay them himself, has been held to justify the employer in paying the sub-contractors