Section 20 – Preliminary notice requirement.

• (1) Any person who furnishes labor, service, equipment, or material for which a 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 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.

• (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 293, 2014 General Session