State Information | Mississippi | National Lien Services

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.

Prime/ Original / General Contractors (GCs): Private/Commercial: Prime contractors typically do not have a preliminary notice requirement before filing a lien.

Subcontractors/Trade Partners (Subs): Private/Commercial: Subcontractors should provide timely pre-lien notice on qualifying residential projects.

Second-tier Subcontractors: Private/Commercial: Second-tier subcontractors should follow 30-day and 10-day notice triggers based on project type and filing stage.

Lower-tier Subcontractors: Private/Commercial: Lower-tier parties should verify contractual privity and satisfy all notice deadlines to preserve rights.

Material Suppliers: Private/Commercial: Suppliers not in direct contract with the prime should serve required preliminary notice on residential projects.

Equipment Lessors: Private/Commercial: Lessors should evaluate statutory applicability and follow the same notice and filing windows where covered.

Second-tier Material Suppliers: Private/Commercial: Second-tier suppliers should provide timely notice and track post-recording service and enforcement deadlines.

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 online lien-related information for construction project parcels—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.

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.

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Our Guide to Preliens, Waivers, Mechanic’s Liens, and Bond Claims in Mississippi