63G-6a-1104. 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 38-1b-202, except that this section does not apply:
- (a) to an individual performing labor for wages; or
- (b) if a notice of commencement is not filed as prescribed in Section 38-1b-201 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) must be provided before commencement of any action on the payment bond.
- (4) Subsection (1)(a) does not exempt the following from complying with the requirements of this section:
- (a) a temporary labor service company or organization;
- (b) a professional employer company or organization; or
- (c) any other entity that provides labor.
Amended by Chapter 278, 2012 General Session
Amended by Chapter 330, 2012 General Session
Renumbered and Amended by Chapter 347, 2012 General Session