Section 1604 - Additional remedies of ownerShould the contractor fail to settle, discharge or defend or secure against the claim, as provided by this act, the owner may:
(1) pay the claim of the subcontractor, upon which payment the owner shall be subrogated to the rights of the subcontractor against the contractor together with any instrument or other collateral security held by the subcontractor for the payment thereof; or(2) undertake a defense against said claim in which case the contractor shall be liable to the owner for all costs, expenses and charges incurred in such defense, including reasonable attorneys' fees, whether said defense be successful or not, but the undertaking of such defense shall not affect the right of the owner to retain funds of the contractor under section 601 until the subcontractor's claim is finally defeated or discharged.1963, Aug. 24, P.L. 1175, No. 497, art. VI, § 604.