Section 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.