14-2-5 - Preliminary notice requirement.
14-2-5. Preliminary notice requirement.
(1) Any person furnishing labor, service, equipment, or material for which a paymentbond claim may be made under this chapter shall provide preliminary notice to the designatedagent as prescribed by Section 38-1-32, 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 for theproject 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 tocommencement of any action on the payment bond.
Amended by Chapter 378, 2010 General Session