We supplied steel roof panels on a public project in Utah. Delivered on 12/16/19
There is a payment bond.
What are deadlines to file / protect myself?
2 replies
Jan 28, 2020
Claimants on Utah public works projects will generally be able to pursue payment bond claims and/or claims against public funds in order to secure payment, as you mentioned above. And, the deadlines differ.
Unlike most states, Utah doesn't actually have a strict "bond claim" deadline. Rather than sending a claim on the bond to the GC or surety, a claimant can proceed directly to suit against the project's payment bond. And, that suit must be filed more than 90 days after last furnishing on the project, but less than a year from that time. Notably, though, it's still probably a good idea to at least threaten a claim before proceeding with suit - whether that be through a Notice of Intent or a demand letter.
Claims against the project funds must be made in a much shorter timeframe. They must be filed within 90 days after last furnishing labor or materials to the project. The notice is sent by registered or certified mail, and not actually "filed," per se.
For discussion on Utah's payment claim deadlines on public projects, this resource should be valuable: Utah Bond Claim Guide and FAQs.