Our Guide to Preliens, Waivers, Mechanic's Liens, and Bond Claims in Mississippi
Mississippi
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This is an overview of the state's statutory approach to lien law and what contractors might want to focus on to ensure lien rights are established timely, correctly, and effectively.
While we are happy to provide this guide as a quick reference, we HIGHLY encourage that you work with a construction attorney to help you with your particular circumstances in our complex construction lien law environment.
Mississippi Quick Overview
| Pursuant Code | Miss. Code Ann. §§ 85-7-401 et seq. | |
| Prelien Required for Private/Commercial Projects | Yes | |
| Prelien Required for Public Projects | No | |
| MS Statutory Relief | Unpaid Balance | |
| Lien Milestone Event | Last furnishing/last invoice | |
| Lien Enforcement Deadline | 120 to 180 days | |
| Waivable Lien Rights | No | |
| Supplier to Supplier Rights | Likely No | |
| Prelien Document Name(s) | ||
| Prelien Minimum Information | Name and address of the party providing labor/materials; description of labor/materials; name and location of the project; anticipated value; recipient identity | |
| Prelien Minimum Notifications | Owner; Prime Contractor (if applicable) | |
| Prelien Recording Requirement | No | |
| Prelien Notarized | no |
Understanding the Prelien Process on Construction Projects in Mississippi by Role
Mississippi only requires preliminary notice on residential projects for subcontractors and for any party not in direct contract with the prime. Notice must be given within 30 days of starting work. Failing to do so may forfeit lien rights.
Possible Exceptions, Special Circumstances, and Caveats in Mississippi
Owner Occupied Residential: Subcontractors on residential (owner-occupied) projects must give 10-day pre-lien notice before filing a lien.
Residential: Subcontractors must give 10-day pre-lien notice before filing on residential projects.
Mechanic's Liens in Mississippi
In Mississippi, a mechanics lien must be filed within 90 days after the last day labor or materials were provided. Subcontractors must send a pre-lien notice on residential projects at least 10 days before filing the lien, giving the owner a chance to pay. After recording the lien in the chancery court, a copy must be sent to the owner and contractor within 2 days. An action to enforce the lien must be filed within 180 days of the lien's recording, or the lien expires.
Bond Claims in Mississippi
Mississippi generally requires payment bonds on public works projects under the Little Miller Act (Miss. Code Ann. §§ 31-5-51). Claimants on public projects must follow specific notice and timing procedures outlined in the bond documents. There is no preliminary notice requirement, but timely enforcement of claims against the bond, typically within 1 year of final furnishing, is critical to preserve rights.
Construction Lien Waivers in Mississippi
Required Format:
Mississippi is one of a dozen states where all waivers MUST substantially follow statutorily required verbiage to be valid so be sure to check with your constuction attorney and consult the relevant state statutes.
Required Notarization:
Mississippi is one of a handful of states where waivers are require waivers to be notarized.
Mississippi does not have statutory lien waiver forms or requirements. Parties are generally free to contract for lien waivers, but waivers must be clear and unequivocal to be enforceable. Conditional and unconditional waivers may be used depending on contract language.
Learn more about waivers here, including the when and how to use various types of waivers, the difference between a Lien Waiver and a Lien Release, what to look for before signing, and more.
- As a client, you'll have free access to our system that easily creates statutorily correct lien waivers.
- Through our technology partner Prelien Pro, you can also access best-in-class lien waiver management software, allowing you to easily track, collaborate, and share lien waivers with all your trade partners.
Assessors' websites in Mississippi counties
Most often, the county Assessor's office is the 'go-to' resource for finding online lien-related information for construction project parcels, including ownership records, special warranty deeds, and more. Counties that we've not yet found online (those with '*') link to a Google search for your convenience.
Other Important Construction Links in Mississippi
Frequently Asked Questions (FAQs) on Mississippi Lien Processes for Contractors
Is a preliminary notice required to file a mechanics lien in Mississippi?
For subcontractors on residential projects, yes -- a pre-lien notice must be sent to the owner at least 10 days before filing a lien. For prime contractors and on commercial projects, no preliminary notice is required.
How long do I have to file a mechanics lien in Mississippi?
You must file the lien within 90 days of the last day you provided labor, services, or materials to the project.
Do I need to send the lien to anyone after I file it?
Yes, you must send a copy of the lien to the owner and contractor within 2 days of filing it via registered or certified mail.
What is the deadline to enforce (foreclose) a mechanics lien in Mississippi?
You must file a lawsuit to enforce your lien within 180 days after filing the lien, or it expires.
What are the bond claim rights on public projects in Mississippi?
Public projects typically require a payment bond under the state's Little Miller Act. A claimant must act timely, generally filing suit within 1 year after last furnishing labor or materials, but check the bond terms closely for specific notice or deadline requirements.
We Set the Standard for the Construction Industry
Not only do we provide you with the tools, knowledge, and team to ensure you feel confident your rights are secured, but we're prepared for the trenches and ready to coordinate with your legal team when things "go sideways" on one of your projects.
