14-1-19 - Failure of government entity to obtain payment bond -- Right of action -- Notice. - Utah Statutes

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 demandby a person who has furnished labor or supplied materials to the contractor or subcontractor forthe work provided for in a contract which is subject to Section 14-1-18, promptly make paymentto that person. That person shall have a direct right of action against the state or the politicalsubdivision in any court having jurisdiction in any county in which the contract was to beperformed, upon giving written notice to the state or political subdivision within 90 days from thedate on which such person performed the last of the labor or supplied the last of the material forwhich claim is made. The person shall state in the notice a designation of the construction projectand its location, the amount claimed, and the name of the party for whom the labor wasperformed or to whom the material was supplied. The notice shall be served by registered orcertified mail, postage prepaid, on the state agency or political subdivision that is a party to thecontract. No such action may be commenced after the expiration of one year after the day onwhich the last of the labor was performed or material was supplied by such person.

Enacted by Chapter 218, 1987 General Session