Mechanics liens

Mississippi mechanics lien law and deadlines

In Mississippi you file a claim of lien with the chancery clerk within 90 days of your last day of work or materials, then sue within 180 days of filing or the lien expires.

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Mississippi calls it a construction lien, not a mechanics lien, but it works the same way: an unpaid contractor, subcontractor, supplier, or design professional can put a claim against the private property it improved. The two dates that matter most are short. File the claim of lien with the chancery clerk within 90 days after your last day of furnishing labor or materials, and start a lawsuit within 180 days after filing. Miss either one and the mechanics lien is gone.

Mississippi construction lien deadlines at a glance (Miss. Code Ann. Title 85, Chapter 7)
StepWhoDeadline or rule
Pre-work noticeGCs and first-tier subsNone required
Notice to the general contractorSub-subs and suppliers with no contract with the GC (not on single-family homes)Within 30 days after first furnishing, or lien rights are forfeited (85-7-407(2))
Pre-lien notice to ownerClaimants with no contract with the owner, single-family homesAt least 10 days before filing the claim of lien (85-7-409)
File claim of lienAll claimantsWithin 90 days after the last day labor or materials were furnished, with the chancery clerk (85-7-405)
Copy to ownerAll claimantsWithin 2 business days of filing, by registered or certified mail or statutory overnight delivery
Lawsuit to enforceAll claimantsWithin 180 days after filing (85-7-405); a notice of contest filed by the owner or contractor ends the lien 90 days after it is filed if no suit is pending (85-7-423)

Who can claim a construction lien in Mississippi

Contractors who deal directly with the owner, subcontractors, and material suppliers all have lien rights. Registered architects, professional engineers, and registered land surveyors can also claim a lien for services tied to the property. The catch is privity. Under 85-7-403, a sub or supplier needs a contract with the owner, with the prime contractor, or with a subcontractor that itself contracts with the prime. Go one level further down the chain and the right disappears.

So a framing sub hired by the GC is covered. The lumber yard selling to that framing sub is covered. A supplier selling to a sub-sub usually is not, and that supplier should be asking for a payment bond or a joint check before it ships anything.

Notices: what Mississippi requires and what it does not

Mississippi is lighter on paperwork than most states. There is no general preliminary notice requirement before starting work, and a general contractor does not have to send anything before filing a claim. Three situations do call for notice, though:

  • Anyone without a contract with the GC (all jobs except single-family homes): written notice to the general contractor within 30 days after first furnishing labor, services, or materials, by e-mail with confirmed receipt, registered or certified mail, or overnight delivery. It lists your contact details, who hired you, the project, and the work with its price or expected value if known. Skip it and the lien rights are forfeited.
  • Subs, suppliers, and design professionals on single-family homes: if you have no contract with the owner, give the owner a written pre-lien notice at least 10 days before filing the claim of lien. Other projects do not need it.
  • Every claimant after filing: a copy of the filed claim goes to the owner within two business days.

On a home remodel, that 10-day window eats into your 90 days. Say a tile sub finishes a kitchen on March 1. Sending the pre-lien notice in late May leaves almost no room if the owner stalls. Send it as soon as the invoice is clearly late, not in the last week.

Filing and enforcing the claim of lien

The claim of lien is filed with the clerk of the chancery court in the county where the property sits. All construction liens on the same project share equal priority with one another under 85-7-405(3)(d), so being first to file does not move you to the front of the line among other lien claimants.

Filing alone does not get you paid. You must commence a lawsuit within 180 days after filing or the claim expires and is void. Owners can speed this up: if the owner or contractor files a notice of contest of lien, the lien ends 90 days after that filing unless you sue first (85-7-423). Calendar both the 180-day date and the contest risk the day you file, and confirm the current statute text with the chancery clerk or a Mississippi construction attorney before relying on any deadline.

Lien waivers in Mississippi

Mississippi does have statutory lien waiver forms. Under 85-7-419, a waiver for an interim payment must substantially follow the Interim Waiver and Release upon Payment form, and a final one the Waiver and Release upon Final Payment form, both printed in 85-7-433. A signed waiver binds you subject only to payment of the stated amount, and the amount is treated as paid on the 60th day after you sign unless, within those 60 days, you file an affidavit of nonpayment in the county where the property sits and send the owner a copy. Section 85-7-413 raises the stakes: an owner, buyer, or lender who pays in reliance on your waiver or on the contractor's sworn statement can defeat the lien. That makes a sloppy waiver from a sub a real problem for everyone below the GC.

Single-family homes versus other work

The main split is notice. On single-family homes, claimants without a contract with the owner give the 10-day pre-lien notice, and the 30-day notice to the GC does not apply. On every other job the burden shifts to sub-subs and suppliers without a contract with the GC, who must notify the GC within 30 days of first furnishing. If a project mixes uses, check which rule applies before you start work, not after.

Public projects use payment bonds instead

Liens are not available against public property in Mississippi. On a state, county, city, or school job, the remedy is a claim against the prime contractor's payment bond under the state's public works bond statutes. Those claims have their own notice and suit deadlines, so read the bond and the statute at the start of the job, not when the money is late.

Keeping Mississippi deadlines from slipping

Ninety days goes fast when a job closes out in pieces. Track the last day of furnishing for every job, flag the 30-day sub-sub notice at mobilization, and tie each pay app to its waiver. Smart Business Automator tracks invoices, retainage, and lien waivers by job inside construction accounts receivable automation, so late payments surface before the lien window closes. For related state rules, see the Mississippi prompt payment guide and Mississippi contractor license requirements.

Frequently asked questions

How long do I have to file a lien in Mississippi?

Within 90 days after the last day you furnished labor or materials. The claim is filed with the chancery clerk in the county where the property is located.

Does Mississippi require a preliminary notice?

Not as a general rule. On jobs other than single-family homes, anyone without a contract with the general contractor must notify the GC within 30 days after first furnishing. On single-family homes, claimants without a contract with the owner must give the owner a pre-lien notice at least 10 days before filing.

How long does a Mississippi construction lien last?

You must start a lawsuit within 180 days after filing the claim of lien. If the owner or contractor files a notice of contest of lien, the lien ends 90 days after that filing unless suit is already filed.

Can a supplier to a sub-subcontractor file a lien in Mississippi?

Generally no. Lien rights extend to those in privity with the owner, the prime contractor, or a subcontractor that contracts with the prime. Suppliers further down should protect themselves with joint checks or by checking for a payment bond.

Is there a statutory lien waiver form in Mississippi?

Yes. Section 85-7-419 requires waivers to substantially follow the Interim Waiver and Release upon Payment or the Waiver and Release upon Final Payment form in 85-7-433. If you are not paid, file an affidavit of nonpayment within 60 days after signing.

Sources

  1. Miss. Code 85-7-403, who has a construction lien (FindLaw statute text, current as of January 1, 2025)
  2. Miss. Code 85-7-405, filing the claim of lien and suit deadline (FindLaw statute text)
  3. Miss. Code 85-7-407, notice to the contractor (FindLaw statute text)
  4. Miss. Code 85-7-409, residential pre-lien notice (FindLaw statute text)
  5. Miss. Code 85-7-413, owner payments in reliance on waivers (FindLaw statute text)
  6. Miss. Code 85-7-419, statutory waiver and release forms (FindLaw statute text)
  7. Miss. Code 85-7-423, notice of contest and end of lien (FindLaw statute text)

Laws and rates change. Confirm current requirements with the state agency before you bid, file, or pay. This page is general information, not legal advice.

Written and edited by

Maurice Francois writes and edits construction operations guides for Smart Business Automator. More from Maurice on the Scaling Legends podcast.

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