Payment of claim. Whenever any account for labor performed or materials furnished as specified in section 35-15-02 is placed in the hands of the owner of any mine or tunnel or the owner's agent, it is the duty of the owner or agent to furnish the contractor with a copy of the papers so that if there is any disagreement between such contractor or the contractor's subcontractor and the creditor of either, they, by amicable adjustment or by arbitration, may ascertain the sum due, if any. If the contractor or subcontractor does not give the owner or the owner's agent written notice within ten days after the receipt of the papers that the contractor or subcontractor intends to dispute the claim, or if ten days after giving the notice the contractor or subcontractor refuses or neglects to have the matter adjusted, the contractor or subcontractor shall be considered to have assented thereto, and such owner or the owner's agent may pay the amount when it becomes due, and for that purpose may deduct the amount out of any moneys due the contractor who in like manner may deduct the amount from any moneys due from the contractor to the contractor's subcontractor in case the account or demand is against a subcontractor for work and labor performed or materials furnished.
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