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[Utah Code Table of Contents]
[TITLE 14. Table of Contents]
14-1-18 Definitions - Application of Procurement Code to payment and performance bonds.
(1) (a) For purposes of this chapter, "political subdivision" means any county, city, town, school district, public transit district, special district, redevelopment agency, public corporation, institution of higher education of the state, public agency of any political subdivision, and, to the extent provided by law, any other entity which expends public funds for construction.
(b) For purposes of applying Section 63-56-504 to a political subdivision, "state" includes "political subdivision."
(2) Section
63-56-504
applies to all contracts for the construction,
alteration, or repair of any public building or public work
of the state or a political subdivision of the state.
2005
14-1-19 Failure of government entity to obtain payment bond - Right of action - Notice.
If the state or a political subdivision fails to obtain
a payment bond, it shall, upon demand by a person who has
furnished labor or supplied materials to the contractor or
subcontractor for the work provided for in a contract which
is subject to Section
14-1-18
, promptly make payment to that person. That
person shall have a direct right of action against the state
or the political subdivision in any court having jurisdiction
in any county in which the contract was to be performed,
upon giving written notice to the state or political subdivision
within 90 days from the date on which such person performed
the last of the labor or supplied the last of the material
for which claim is made. The person shall state in the notice
a designation of the construction project and its location,
the amount claimed, and the name of the party for whom the
labor was performed or to whom the material was supplied.
The notice shall be served by registered or certified mail,
postage prepaid, on the state agency or political subdivision
that is a party to the contract. No such action may be commenced
after the expiration of one year after the day on which the
last of the labor was performed or material was supplied
by such person.
1987
14-1-20 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 38-1-32 , 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 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 prior to commencement of any action on the
payment bond.
2005
