§ 45. Equities of lienors to be determined. The court may adjust and
determine the equities of all the parties to the action and the order of
priority of different liens, and determine all issues raised by any
defense or counterclaim in the action. But in no case shall the court
determine any issue between the state and the contractor where a claim
has been or can be submitted to the court of claims for adjudication and
in case a counterclaim is set forth by any defendant in his answer, such
defendant shall be deemed to have waived a trial by jury of the issues
raised thereby.