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, except that this section does not apply: 38-1b-202 to an individual performing labor for wages; or if a notice of commencement is not filed as prescribed in Sectionfor the project or improvement for which labor, service, equipment, or material is furnished. 38-1b-201
(2) Any person who fails to provide the preliminary notice required by Subsectionmay not make a payment bond claim under this chapter. (1)
(3) The preliminary notice required by Subsectionmust be provided before commencement of any action on the payment bond. (1)
(4) Subsectiondoes not exempt the following from complying with the requirements of this section: (1)(a) a temporary labor service company or organization; a professional employer company or organization; or any other entity that provides labor.