Mississippi Mechanic Lien Law: Complete Guide
Your Complete Guide to Mechanic Lien Rights Under Mississippi Code Annotated §85-7-131 et seq. — Private Works, Stop Notice, Payment Bonds & Public Projects
Mississippi mechanic lien deadline table with toggles for project type and claimant type.
Mississippi Preliminary Notice & Mechanic Lien Deadlines
Select your project type and role to see the deadlines that apply to you.
Prime Contractor — In privity with the property owner
Record the Claim of Lien with the chancery clerk within 90 days after last furnishing labor or materials.
Serve a copy of the recorded Claim of Lien on the owner within 2 business days of recording.
Commence the action to enforce the Claim of Lien within 180 days after recording.
Preliminary Notice
Mechanic Lien
Record the Claim of Lien with the chancery clerk within 90 days after last furnishing labor or materials.
Serve a copy of the recorded Claim of Lien on the owner within 2 business days of recording.
Enforcement
Commence the action to enforce the Claim of Lien within 180 days after recording.
Mississippi Mechanic Lien Law Overview
Mississippi construction mechanic lien rights are governed by Mississippi Code Annotated §85-7-131, §85-7-181, and §85-7-185. This statutory framework provides Mechanic's Lien rights to contractors who furnish labor or materials for the improvement of real property in the State of Mississippi.
Mississippi has a unique system where contractors file a Notice of Mechanic Lien within 12 months after the date payment is due from the owner. The mechanic lien is effective only from the date of filing against subsequent lienors, so it should be filed as soon as possible to maximize priority. No preliminary notice is required for contractors.
For subcontractors and material suppliers who deal directly with the general contractor, Mississippi provides a 'Stop Notice' right instead of a traditional mechanic's lien. The Stop Notice allows subcontractors to give written Notice of Claim to the owner, who must then hold funds or face suit to declare a mechanic lien on the realty. Only those in privity of contract with the general contractor have Stop Notice rights.
Mississippi public works projects require payment bonds under §31-5-51. National Lien & Bond provides authoritative guidance on every aspect of Mississippi construction mechanic lien and bond compliance.
Topics on This Page
Mississippi Mechanic Lien Law: Key Topics
Navigate the critical compliance areas for Mississippi construction mechanic lien law.
Notice Requirements
Stop Notice rights for subcontractors, Notice of Claim to owner, and public works bond claim notice for sub-subcontractors within 90 days
Mechanic Lien Deadlines
12-month Notice of Mechanic Lien filing for contractors, Stop Notice procedures for subcontractors, and mechanic lien priority from date of filing
Mechanic Lien Enforcement Deadlines
12-month suit deadline for contractors, 1-year suit for Stop Notice and bond claims, private bond claims under §85-7-189, and public works enforcement
Frequently Asked Questions
What statute governs mechanic liens in Mississippi?
Mechanic's liens are governed by Mississippi Code Annotated §85-7-131, §85-7-181, and §85-7-185. Private bonds are governed by §85-7-189. Public works payment bonds are governed by §31-5-51.
Is a preliminary notice required to file a mechanic lien in Mississippi?
No preliminary notice is required for contractors. Subcontractors use the Stop Notice procedure — a written Notice of Claim to the owner — instead of a traditional mechanic lien. On public works, sub-subcontractors must give Notice of Claim on Bond within 90 days of last work.
What is the deadline to file a mechanic lien in Mississippi?
Contractors must file a Notice of Mechanic Lien within 12 months after the date payment is due. The mechanic lien is effective only from the date of filing, so prompt filing is essential for priority.
How does Mississippi mechanic lien law differ from other states?
Mississippi is unique in several ways: subcontractors use Stop Notices instead of traditional mechanic liens, the mechanic lien is effective only from the date of filing (no relation-back), the Stop Notice applies only while the owner holds funds, and equipment lessors and lower-tier claimants without GC privity have limited remedies.
What are the notice requirements for Mississippi public works bond claims?
First-tier subcontractors need no notice. Sub-subcontractors and materialmen must give Notice of Claim on Bond within 90 days of last work or supply of material. Suit must be filed within 1 year of final payment, abandonment, or termination.
What is the deadline to file suit to enforce a Mississippi construction mechanic lien?
Contractors: 12 months from debt due date. Subcontractors (Stop Notice): 1 year from last furnishing. Private bond: 1 year from earliest of final settlement publication, owner acceptance, or owner's actual use. Public bond: 1 year from final payment, abandonment, or termination.