Contractors' Bonds
Public Contracts
Section 20
Preliminary notice requirement.
     14-1-20.   Preliminary notice requirement.
     (1) Any person furnishing labor, service, equipment, or material for which a payment bond claim may be made under this chapter shall provide preliminary notice to the designated agent as prescribed by Section 38-1-32.5, except that this section does not apply:
     (a) to a person performing labor for wages; or
     (b) if a notice of commencement is not filed as prescribed in Section 38-1-31.5 for the project or improvement for which labor, service, equipment, or material is furnished.
     (2) Any person who fails to provide the preliminary notice required by Subsection (1) may not make a payment bond claim under this chapter.
     (3) The preliminary notice required by Subsection (1) shall be provided prior to commencement of any action on the payment bond.

Amended by Chapter 299, 2011 General Session
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