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(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-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 claim under this chapter.
(3) The preliminary notice required by Subsection (1) shall 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