Mississippi

Mississippi 

 

Mississippi Private Projects
Notice Req.
Intent to Lien
Lien Req.
Prime Contractor

Not Required

Not Required

Construction Lien commonly known as “Claim of Construction Lien” in Mississippi is required to be filed within ninety days (90 days) from last day on the project.

Sub Contractor

A Preliminary Notice  aka “Notice of Lien Rights to Contractor or (If No Contractor) Owner” in Mississippi is required  by the sub-subcontractor and suppliers to subcontractors (2nd tier). This notice must be sent within thirty days (30 days)  from first furnishing labor and/or material to the project. 

Intent to Lien is only required for single family residential. The “Pre-Lien Notice to Owner” is required to be sent to the owner  Ten (10) days before recording the lien.

Construction Lien commonly known as “Claim of Construction Lien” in Mississippi is required to be filed within ninety days (90 days) from last day on the project.

Suppliers/Other

A Preliminary Notice  aka “Notice of Lien Rights to Contractor or (If No Contractor) Owner” in Mississippi is required  by the sub-subcontractor and suppliers to subcontractors (2nd tier). This notice must be sent within thirty days (30 days)  from first furnishing labor and/or material to the project.

Intent to Lien is only required for single family residential. The “Pre-Lien Notice to Owner” is required to be sent to the owner Ten (10) days before recording the lien.

Construction Lien commonly known as “Claim of Construction Lien” in Mississippi is required to be filed within ninety days (90 days) from last day on the project.

Mississippi 101

Stop Payment Notice, Mechanics Lien

 

1. Does Mississippi require a Preliminary Notice Prior to the performance of work?

No. Mississippi does not require any notices prior to the performance of work.

 

2. Who has Lien rights in the state of Mississippi?

The only party that can lien a property in the state of Mississippi is the General Contractor, and those who have a direct contract with the owner of the property!

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3. If I am contracted directly by the General Contractor and I have not received payment what options under the lien law do I have?

The only protection afforded under the Lien Law is a Stop Payment Notice. A laborer, subcontractor, material supplier who have not been paid for their labor or services or materials.

A Stop Payment Notice “binds” the amount due to the contractor that maybe in the owner’s possession which stops the payment going to the GC.

However, to be effective and enforceable, the claimant must give the notice while the owner still owes money to the prime contractor; if the owner has already made final payment to the prime contractor, the stop notice is ineffective.

No other construction project participants are protected.

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4. Who all are not protected by the lien law of Mississippi?

Only those who have performed labor, furnished materials, leased or rented equipment or rendered architectural service, directed or implied, of the owner, or his representative.

A Stop Payment statute, states that an unpaid subcontractor or laborer of the prime contractor can give notice in writing to the owner of the amount due.

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5. What is the deadline to start a lien foreclosure of file suit?

Within 12 months after the money being claimed, by the suit, became due and payable.  Following the day on which the last of the labor was performed.

 

6. How long is the time frame for recording a claim of lien?

12 months from the time when the money being claimed by the suit became due and payable, a Claim of Lien must be filed.

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7. When is my last day of work so that I can file a lien to get paid?

From the day the amount being claim became due.  Following the day which was the last day labor was performed.

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8. What costs or damages made are not generally allowed in a lien claim?

Only recovery for the value of equipment, materials, or labor furnished to the owner. If attorney was hired attorney fees may be included in the claim. Other amounts and damages are not allowed in the claim.

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Mississippi State Projects
Notice Requirements
Lien Requirements
Prime Contractor

Not Required

Not Required

Suppliers/Other

Not Required

If you did not contract with the prime contractor, you must file a Bond Claim with the prime contractor within 90 days of last furnishing materials. Suit to Enforce must be filed within 1 year from last furnishing services.

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