A controversy arising out of a contract for the construction or repair of a highway entered by the director must be submitted to arbitration under this chapter and chapter 32 -29.2. A person that voluntarily enters a contract for the construction or repair of a highway is deemed to have agreed to arbitration of a controversy arising out of that contract. For a claim for less than one hundred thousand dollars, only one arbitrator may be jointly selected by the parties. For a claim for one hundred thousand dollars or more, three persons comprise the arbitration board.
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