Utah Code
Utah Code § 14-2-1 (2026)
Definitions -- Payment bond required -- Right of action -- Attorney fees
✓ current as of May 2026
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For purposes of this chapter:
"Commercial contract" means a contract for the construction, alteration, or repair of the following if it is not residential construction:
a building;
a structure; or
an improvement upon land that is not associated with a single family detached housing.
"Contractor" means any person who is or may be awarded an original commercial contract for the construction, alteration, or repair of any building, structure, or improvement upon land.
"Owner" means any person contracting with the original contractor for construction, alteration, or repair of the following if it is not residential construction:
a building;
a structure; or
an improvement upon land.
"Residential construction" means the construction, alteration, or repair of:
single family detached housing; or
multifamily attached housing up to and including a fourplex.
"Residential construction" includes rental housing.
Before any original commercial contract exceeding $50,000 in amount for the construction, alteration, or repair of any building, structure, or improvement upon land is awarded to any contractor, the owner shall obtain from the contractor a payment bond:
complying with Subsection (3); and
that becomes binding upon the award of the original commercial contract to the contractor.
The payment bond shall be:
with a surety or sureties satisfactory to the owner for the protection of all persons supplying labor, services, equipment, or material in the prosecution of the work provided for in the commercial contract; and
in a sum equal to the original commercial contract price.
A person shall have a right of action on a payment bond under this chapter for any unpaid amount due that person if that person:
has furnished labor, services, equipment, or material in the prosecution of the work provided for in the commercial contract for which the payment bond is furnished under this chapter; and
has not been paid in full within 90 days after the last day on which that person:
performed the labor or service for which a claim is made; or
supplied the equipment or material for which the claim is made.
An action under this section shall be brought in a court of competent jurisdiction in the county where the commercial contract was to be performed and not elsewhere.
An action under this section is barred if not commenced within one year after the last day on which the claimant:
performed the labor or service on which the claim is based; or
supplied the equipment or material on which the claim is based.
The obligee named in the payment bond need not be joined as a party to an action under this section.
In any action upon a payment bond under this section, the court may award reasonable attorney fees to the prevailing party, which attorney fees shall be taxed as costs in the action.
The payment bond shall be exhibited to any interested person upon request.
In any suit upon a payment bond under this chapter, the court shall award reasonable attorney fees to the prevailing party.
Unless otherwise specified in a lawful contract between the owner and the person making a claim under this section, the interest rate applicable to the claim is the rate described in Subsection 15-1-1(2).
Notes of Decisions
Cited in 32
cases (1 in the last 5 years), 1955–2022 · leading case: Forsberg v. Bovis Lend Lease, Inc., 2008 UT App 146 (Utah Ct. App. 2008).
Forsberg v. Bovis Lend Lease, Inc., 2008 UT App 146 (Utah Ct. App. 2008). “T11 The private bond statute allows a cause of action against the bond if one is obtained, see Utah Code Ann. § 14-2-1 (4) (2005), and directly against the owner if no bond has been purchased, see id.”
Bailey v. Call, 767 P.2d 138 (Utah Ct. App. 1989). “Bailey also challenges the trial court's award of only $1,800 in damages pursuant to Utah Code Ann. §§ 14-2-1 and -2 (1986), [1] for Call's failure to obtain a bond.”
Great Plains Equip., Inc. v. Nw. Pipeline Corp., 979 P.2d 627 (Idaho 1999). “We turn next to whether the district court erred in allowing recovery to several of the plaintiffs who asserted claims based on Utah's private bond statutes, Utah Code §§ 14-2-1 and 14-2-2, as an alternative theory for recovery of the unpaid amounts due the subcontractors when…”
John Wagner Assocs. v. Hercules, Inc., 797 P.2d 1123 (Utah Ct. App. 1990). “A cause of action was also asserted against Hercules for failure to obtain a payment bond as required by Utah Code Ann. §§ 14-2-1 et seq. (1986) (hereafter, the Payment Bond Statute).”
Graco Fishing & Rental Tools, Inc. v. Ironwood Expl., Inc., 766 P.2d 1074 (Utah 1988). “THE CONTRACTOR’S BOND STATUTE Graco asserts on its cross-appeal that the contractor’s bond statute, Utah Code Ann. § 14-2-1 (1973) (amended 1985), as it existed at the time this dispute arose, applied to the rental services provided by a subcontractor on an oil well and required…”
Buehner Block Co. v. UWC Assocs., 752 P.2d 892 (Utah 1988). “Its complaint alleged, in pertinent part, that Bueh-ner had furnished defendant CS & G Masonry, a subcontractor, materials to be used in constructing a building owned by the remaining defendants, that Buehner had not been paid for the materials, and that because the defendant…”
Tripp v. Vaughn, 746 P.2d 794 (Utah Ct. App. 1987). “Buchanan, Robert King and DeVerl Byington, finding they had failed to file or obtain a bond as required by Utah Code Ann. § 14-2-1 . On December 27,1984, Kenneth Clarke, a law partner of Mr.”
Meadowbrook, LLC v. Flower, 959 P.2d 115 (Utah 1998). “, Utah Code Ann. § 14-2-1 (5) (attorney fees in action upon bond in private contract); § 14-2-2(3) (attorney fees in action for failure to obtain bond in private contract); § 34-27-1 (attorney fees in suits for wages); § 38-1-18 (attorney fees in suits enforcing mechanic's…”
Trench Shoring Servs., Inc. v. Saratoga Springs Dev., L.L.C., 2002 UT App 300 (Utah Ct. App. 2002). “In its motion, Supplier contended that because Developer failed to require Larry Price Construction, the project contractor, to obtain a payment bond under Utah Code Ann. § 14-2-1 to — 5 (1999) (the Payment Bond Statute), Developer was liable for the rent for the equipment plus…”
Lawson Supply Co. v. Gen. Plumbing & Heating, Inc., 493 P.2d 607 (Utah 1972). “These defendants did not obtain from Berg a bond in a sum equal to the contract price to assure payment for materials furnished under the contract as provided in § 14-2-1, U.C.A. 1953. Berg entered into a subcontract with General Plumbing & Heating, Inc.”
Automatic Control Prods. Corp. v. Tel-Tech, Inc., 780 P.2d 1258 (Utah 1989). “, at the instance of Tel-Tech, wrote a bond to insure payment for materials and labor furnished to CVDA's plant as required by Utah Code Ann. § 14-2-1 (1953). ACP made Industrial Indemnity a defendant to this action and sought to recover upon the bond, together with a reasonable…”
Paul Mueller Co. v. Cache Valley Dairy Ass'n, 657 P.2d 1279 (Utah 1982). “, 1953, §§ 14-2-1 and 1A-2-2. Those statutes provide, respectively, as follows: The owner of any interest in land entering into a contract, involving $2,000 or more, for the construction, addition to, or alteration or repair of, any building, structure or improvement upon land…”
— Utah Code § 14-2-1(3) — 1 case
SFR, INC. v. Comtrol, Inc., 2008 UT App 31 (Utah Ct. App. 2008).
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