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Utah Public Project Frequently Asked Questions

Who Is Protected?

In Utah, the parties protected are generally fairly broad, however, it depends on the specific claim made.  For a bond claim, all parties below the general contractor who furnish labor and/or material to the project are protected.  Presumably, this means all tiers of subcontractors and suppliers to suppliers are protected.  For a claim against the public body, parties who furnished labor and/or material to the general or a first-tier subcontractor are allowed to make a claim when the public body fails to require the general to secure a payment bond.

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When is the Deadline to File a Claim on a Performance Bond?

Bond Claim: No notice of the claim is required prior to starting suit other than the preliminary notice discussed below.

Claim Against Public Body:  Notice of the claim against the public entity must be received by the public entity within 90 days from the claimant’s last furnishing of labor and/or material to the project.

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Who Should Receive the Lien/Claim?

Bond Claim: No notice of the claim is required prior to starting suit other than the preliminary notice discussed below.

Claim Against Public Body:  Notice of the claim must only be delivered to the contracting public entity.

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When is the Deadline to Initiate Suit, or, How Long is My Lien Effective?

Both bond claims, and claims against the public entity must be initiated more than 90 days, but less than 1 year, after the claimant’s last furnishing of labor and/or materials to the project.  Note than suit may not be initiated prior to parties receiving either preliminary notice, or notice of the claim as applicable.

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What Must the Lien/Claim Include?

Bond Claim: No notice of the claim is required prior to starting suit other than the preliminary notice discussed below.

Claim Against Public Body:  Notice of the claim against the public entity must include a description and location of the project, the amount claimed to be due, and the name of the party for whom the labor and/or materials were furnished.

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How Must the Claim Be Sent?

Bond Claim: No notice of the claim is required prior to starting suit other than the preliminary notice discussed below.

Claim Against Public Body:  Notice of the claim against the public entity must be sent by registered or certified mail.

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Utah Public Project Preliminary Notice FAQs

Do I Need to Send a Preliminary Notice?

It depends.  In Utah, preliminary notice is generally required to preserve a claimant’s right to make a bond claim unless 1) the claimant is a laborer; 2) the Notice of Commencement is not filed, or is filed later than 15 days after the claimant first furnishes labor and/or materials to the project.  It is likely advisable to send preliminary notice on all projects, however.

There is no specific statutory provision requiring preliminary notice prior to making a claim for payment directly against the public entity, however, it may be best practice to provide notice anyway to alert the public entity of the intent to claim payment.

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When do I Need to Send a Preliminary Notice?

Bond Claim:  Preliminary notice must be filed by the later of either 1) 20 days after the claimant’s first furnishing labor and/or materials to the project, or 2) 20 days after the Notice of Commencement is filed if the claimant began furnishing labor and/or materials prior to the Notice of Commencement being filed.  If Notice of Commencement is not filed, or is filed later than 15 days after the claimant first furnishes labor and/or materials to the project, no preliminary notice is specifically required.

Claim Against the Public Entity: No specific requirements, but it may be best practice to follow the above requirements, if notice is given.

What if I Send the Preliminary Notice Late?

If the preliminary notice is not sent within the above time period, it is effective starting 5 days after the notice is given.

How Should the Preliminary Notice be Sent?

The preliminary notice may be filed electronically, and sent by mail.

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To Whom Must the Preliminary Notice be Given?

Bond Claim: In Utah, preliminary notice should be given to the designated agent of the construction notice registry.

Claim Against Public Entity: No specific requirements, but it may be advisable to provide notice to the public entity, and if possible, to the construction registry.