Utah Bond Claim (Little Miller Act) Overview

It’s easy to file and manage your Utah bond claims with zlien, the industry’s only all-in-one bond claim and security rights management platform. Get complete control over your bond claim rights on a state, county, or municipal project, by using intelligent technology. To learn more about Utah’s bond claim laws and requirements, read the frequently asked questions below.

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Utah

Preliminary Notice Deadlines
15 Days

Notice of Commencement required not more than 15 days from the commencement of the project.

Utah

Bond Claim Deadlines
None / not applicable.

Utah

Preliminary Notice Deadlines
20 Days

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. Laborers exempt. If Notice of Commencement not filed, or filed late, no notice required.

Utah

Bond Claim Deadlines
90 Days

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.

Utah

Preliminary Notice Deadlines
20 Days

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 not filed, or filed late, no notice required.

Utah

Bond Claim Deadlines
90 Days

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.

Utah Bond Claim (Little Miller Act) FAQs

Utah Bond Claim FAQs

Who Is Protected under Utah Bond Claim Laws?

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.

When is the Deadline to File a Utah Bond 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 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.

Who Should Receive the Utah Bond 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.

When is the Deadline to Initiate Suit, or, How Long is My Utah Bond Claim 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.

What Must the Utah Bond 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.

How Must the Utah Bond 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.

Utah Public Project Preliminary Notice FAQs

Do I Need to Send a Utah 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.

When do I Need to Send a Utah 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 Utah 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 Utah Preliminary Notice be Sent?

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

To Whom Must the Utah 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.

Utah Bond Claim (Little Miller Act) Statutes

When you perform work on a state construction project in Utah, and are not paid, you can file a “lien” against the project pursuant to Utah’s Little Miller Act. Since the claim is not against the state or county’s actual property, but instead against a posted bond, the claim is not really called a “lien” but is more frequently referred to as a “bond claim” or “little miller act claim.” Utah’s Little Miller Act is found in Utah Code Titles 14, 38 and 63G, and is reproduced below.

Title 14. Contractors' Bonds. Chapter 1. Public Contracts

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, local district, special service district, community development and renewal 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 63G-6a-1103 to a political subdivision, “state” includes “political subdivision.”
(2) Notwithstanding any provision of Title 63G, Chapter 6a, Utah Procurement Code, to the contrary, Section 63G-6a-1103 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. Back to Top

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

(1) 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.
(2) A person described in Subsection (1):
(a) 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;
(b) 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; and
(c) shall serve the notice by registered or certified mail, postage prepaid, on the state agency or political subdivision that is a party to the contract.
(3) An action described in this section may not be commenced later than one year after the day on which the last of the labor was performed or material was supplied by the person bringing the action.
(4) Unless otherwise specified in a lawful contract between the state or the political subdivision against which the claim is made and the person demanding payment, the interest rate applicable to the payment or claim is the rate described in Subsection 15-1-1(2). Back to Top

14-1-20. Preliminary notice requirement.

(1) Any person who furnishes labor, service, equipment, or material for which a claim may be made under this chapter shall provide preliminary notice to the designated agent as prescribed by Section 38-1b-102, except that this section does not apply:
(a) to an individual performing labor for wages; or
(b) if a notice of commencement is not filed as prescribed in Section 38-1b-2o1 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 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.
(4) Subsection (1)(a) does not exempt the following from complying with the requirements of this section:
(a) a temporary labor service company or organization;
(b) a professional employer company or organization; or
(c) any other entity that provides labor. Back to Top

Title 38. Liens. Chapter 1a. Preconstruction and Construction Liens

38-1a-501. Preliminary notice

(1)(a) A person who desires to claim a construction lien on real property shall file a preliminary notice with the registry no later than 20 days after the day on which the person commences providing construction work on the real property.
(b) Subject to Subsection (1)(c), a preliminary notice is effective as to all construction work that the person filing the notice provides to the construction project under a single original contract, including construction work that the person provides to more than one supervisory subcontractor under that original contract.
(c)(i) A person who desires to claim a construction lien on real property but fails to file a timely preliminary notice within the period specified in Subsection (1)(a) may, subject to Subsection (1)(d), file a preliminary notice with the registry after the period specified in Subsection (1)(a).
(ii) A person who files a preliminary notice under Subsection (1)(c)(i) may not claim a construction lien for construction work the person provides to the construction project before the date that is five days after the preliminary notice is filed.
(d) Notwithstanding Subsections (1)(a) and (c), a preliminary notice has no effect if it is filed more than 10 days after the filing of a notice of completion under Section 38-1a-507 for the construction project for which the preliminary notice is filed.
(e) A person who fails to file a preliminary notice as required in this section may not claim a construction lien.
(f) A preliminary notice that is filed with the registry as provided in this section is considered to be filed at the time of the first preliminary notice filing.
(g) If a preliminary notice filed with the registry includes the tax parcel identification number of a parcel not previously associated in the registry with a construction project, the designated agent shall promptly notify the person who filed the preliminary notice that:
(i) the preliminary notice includes a tax parcel identification number of a parcel not previously associated in the registry with a construction project; and
(ii) the likely explanation is that:
(A) the preliminary notice is the first filing for the project; or
(B) the tax parcel identification number is incorrectly stated in the preliminary notice.
(h) A preliminary notice shall include:
(i) the name, address, telephone number, and email address of the person providing the construction work for which the preliminary notice is filed;
(ii) the name and address of the person who contracted with the claimant for the construction work;
(iii) the name of the record or reputed owner;
(iv) the name of the original contractor for construction work under which the claimant is providing or will provide construction work;
(v) the address of the project property or a description of the location of the project;
(vi) the name of the county in which the project property is located; and
(vii)(A) the tax parcel identification number of each parcel included in the project property;
(B) the entry number of a previously filed notice of construction loan under Section 38-1a-601 on the same project;
(C) the entry number of a previously filed preliminary notice on the same project that includes the tax parcel identification number of each parcel included in the project property; or
(D) the entry number of the building permit issued for the project.
(i) A preliminary notice may include:
(i) the subdivision, development, or other project name applicable to the construction project for which the preliminary notice is filed; and
(ii) the lot or parcel number of each lot or parcel that is included in the project property.
(2)(a) Except as provided in Subsection (2)(b), the burden is upon the person filing the preliminary notice to prove that the person has substantially complied with the requirements of this section.
(b) A person has substantially complied with the requirements of this section if the person files a preliminary notice that links, within the registry, to a preliminary notice filed by an original contractor for the same construction project, using the entry number assigned to the original contractor’s preliminary notice.
(c) Substantial compliance with the requirements of Subsections (1)(h)(iii) through (vii) may be established by a person’s reasonable reliance on information in the registry provided by a previously filed:
(i) notice of construction loan under Section 38-1a-601;
(ii) preliminary notice; or
(iii) building permit.
(3)(a) Subject to Subsection (3)(b), a person required by this section to give preliminary notice is required to give only one notice for each construction project.
(b) If the construction work is provided pursuant to contracts under more than one original contract for construction work, the notice requirements shall be met with respect to the construction work provided under each original contract.
(4) A person filing a preliminary notice by alternate means is responsible for verifying and changing any incorrect information in the preliminary notice before the expiration of the time period during which the notice is required to be filed.
(5) A person who files a preliminary notice that contains inaccurate or incomplete information may not be held liable for damages suffered by any other person who relies on the inaccurate or incomplete information in filing a preliminary notice. Back to Top

Title 63G. General Government. Chapter 6a. Utah Procurement Code

63G-6a-1101. Title

This part is known as “Bonds.” Back to Top

63G-6a-1102. Bid security requirements -- Directed suretyship prohibited -- Penalty.

(1) Bid security in amount equal to at least 5% of the amount of the bid shall be required for all competitive sealed bidding for construction contracts. Bid security shall be a bond provided by a surety company authorized to do business in this state, the equivalent in cash, or any other form satisfactory to the state. (2) When a bidder fails to comply with the requirement for bid security described in the invitation for bids, the bid shall be rejected unless, pursuant to rules of the applicable rulemaking authority, the issuing procurement unit determines that the failure to comply with the security requirements is nonsubstantial. (3) After the bids are opened, they shall be irrevocable for the period specified in the invitation for bids, except as provided in Subsection 63G-6a-605. If a bidder is permitted to withdraw a bid before award, no action shall be taken against the bidder or the bid security. (4) (a) When issuing an invitation for a bid under this chapter, the chief procurement officer or the head of an issuing procurement unit responsible for carrying out a construction project may not require a person or entity who is bidding for a contract to obtain a bond of the type described in Subsection (1) from a specific insurance or surety company, producer, agent, or broker. (b) A person who violates Subsection (4)(a) is guilty of an infraction. Back to Top

63G-6a-1103. Bonds or security necessary when contract is awarded -- Waiver -- Action -- Attorney fees.

(1) When a construction contract is awarded under this chapter, the contractor to whom the contract is awarded shall deliver the following bonds or security to the procurement unit, which shall become binding on the parties upon the execution of the contract:
(a) a performance bond satisfactory to the procurement unit that is in an amount equal to 100% of the price specified in the contract and is executed by a surety company authorized to do business in the state or any other form satisfactory to the procurement unit; and
(b) a payment bond satisfactory to the procurement unit that is in an amount equal to 100% of the price specified in the contract and is executed by a surety company authorized to do business in the state or any other form satisfactory to the procurement unit, which is for the protection of each person supplying labor, service, equipment, or material for the performance of the work provided for in the contract.
(2)(a) When a construction contract is awarded under this chapter, the procurement officer or the head of the issuing procurement unit responsible for carrying out the construction project may not require a contractor to whom a contract is awarded to obtain a bond of the types referred to in Subsection (1) from a specific insurance or surety company, producer, agent, or broker.
(b) A person who violates Subsection (2)(a) is guilty of an infraction.
(3) Rules of the applicable rulemaking authority may provide for waiver of the requirement of a bid, performance, or payment bond for circumstances in which the procurement officer considers any or all of the bonds to be unnecessary to protect the procurement unit.
(4) A person shall have a right of action on a payment bond under this section for any unpaid amount due to the person if:
(a) the person has furnished labor, service, equipment, or material for the work provided for in the contract for which the payment bond is furnished under this section; and
(b) the person has not been paid in full within 90 days after the last day on which the person performed the labor or service or supplied the equipment or material for which the claim is made.
(5) An action upon a payment bond may only be brought in a court of competent jurisdiction in a county where the construction contract was to be performed. The action is barred if not commenced within one year after the last day on which the claimant performed the labor or service or supplied the equipment or material on which the claim is based. The obligee named in the bond need not be joined as a party to the action.
(6) In any suit upon a payment bond, the court shall award reasonable attorney fees to the prevailing party, which fees shall be taxed as costs in the action. Back to Top

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:
(a) to an individual performing labor for wages; or
(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:
(a) a temporary labor service company or organization;
(b) a professional employer company or organization; or
(c) any other entity that provides labor. Back to Top

63G-6a-1105. Form of bonds -- Effect of certified copy.

(1) The form of the bonds required by this part shall be established by rule made by the applicable rulemaking authority.
(2) Any person may obtain from the procurement unit a certified copy of a bond upon payment of the cost of reproduction of the bond and postage, if any.
(3) A certified copy of a bond shall be prima facie evidence of the contents, execution, and delivery of the original. Back to Top