| (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:
Terms Used In Utah Code 63G-6a-1104
| (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
