44-9-11. Lien account and notice of claim--Service on owner of property--Copy furnished to contractor--Assent of contractor to claim--Payment by owner--Deduction from amount due contractor.Whenever any such account and notice is served upon the owner of the property or his duly authorized agent or representative, he shall furnish his contractor with a copy of the same, and if such contractor shall not within fifteen days after the receipt of such account and notice give the owner, his agent, or representative, written notice that he intends to dispute the claim, he shall be considered as assenting thereto and such owner may pay the same to the claimant when it becomes due and deduct the amount out of any moneys due such contractor, who may in like manner deduct such amount from any moneys due from him to his subcontractor or the claimant. Source: SL 1879, ch 41, §3; CL 1887, §2041; RPolC 1903, §2575; SL 1909, ch 51, §3; SL 1913, ch 263, §6; SL 1915, ch 243, §3; RC 1919, §§1633, 1648; SDC 1939, §39.0703.
South Dakota Legal Code