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A written request which you serve on the person required to pay you for your work on a construction project, which seeks assurance that such person possesses or has access to enough money to pay you for all approved work on a construction project⁴⁰.

_{40   UTAH CODE ANN. § 38-1-40(4)(a)}

Any person who filed a Preliminary Notice and a Good Faith Estimate in response to a Notice of Intent to File a Notice of Completion⁴¹.

_{41   UTAH CODE ANN. § 38-1-40(4)(a)}

Within ten (10) days after filing the Good Faith Estimate in the SCR⁴².

Figure 16 Deadline to file Good Faith Estimate

_{42   UTAH CODE ANN. § 38-1-40(4)(a)}

You serve the Request for Adequate Assurance on the person you have a direct contract with⁴³.

_{43   UTAH CODE ANN. § 38-1-40(4)(a)}

Hand delivery, certified mail, or direct service by a sheriff or constable⁴⁴.

_{44   UTAH CODE ANN. § 38-1-40(4)(c)}

It allows you to receive assurance from the person who hired you that they have sufficient funds to pay you for the approved work you have performed on the construction project, and if no such assurance is received, you are entitled to pursue a legal action to receive such assurance and have the Court require that adequate security to pay such amount is posted⁴⁵.

_{45   UTAH CODE ANN. § 38-1-40}

No⁴⁶.

_{46   UTAH CODE ANN. § 38-1-40(4)}

Yes, you can file a lawsuit against the person you served with the request, and compel them to respond. As part of the lawsuit, if they cannot show that they have adequate finding to pay you, you can have the court enter an order requiring them to obtain such funding⁴⁷.

_{47   UTAH CODE ANN. § 38-1-40(5)}