§ 38-26-104 — Contractor furnished copy - undisputed accounts - condition

Whenever any verified account mentioned in section 38-26-103 is placed in the
hands of any railroad, reservoir, or irrigating canal company, or its agent, it is the
duty of such company to furnish the contractor with a copy of such verified account
so that if there is any disagreement between the debtor and creditor as to the
amount due the same may be amicably adjusted. If the contractor or subcontractor,
if he is the debtor, does not give, within ten days after the receipt of such amount,
the same railroad, reservoir, or irrigating canal company, or its agent, written notice
that the claim is disputed, he shall be considered as assenting to its payment and
the railroad, reservoir, or irrigating canal company, or its agent, shall be justified in
paying the same when due and charging the same to the contractor. The person to
whom any such debt is due and who delivers a verified account thereof as provided
may recover the amount thereof in an action at law to the extent of any balance due
by the railroad, reservoir, or irrigating canal company to the contractor at or after
the time of delivering the verified account. Nothing in this section or in section 38-26-103 shall interfere with the right of action upon bonds provided for in section
38-26-102 or against the railroad, reservoir, or irrigating canal company for the full
amount of any such debt in case of a failure of the company to take a bond.

Legislative History

Source: L. 11: p. 492, � 3. C.L. � 6483. CSA: C. 39, � 3. CRS 53: � 86-7-3. C.R.S. 1963: � 86-7-3.