§ 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:

(1)(a) to an individual performing labor for wages; or
(1)(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:

(4)(a) a temporary labor service company or organization;
(4)(b) a professional employer company or organization; or
(4)(c) any other entity that provides labor.

Legislative History

Amended by Chapter 278, 2012 General Session; Amended by Chapter 330, 2012 General Session; Renumbered and Amended by Chapter 347, 2012 General Session