Mississippi Mechanic Lien Enforcement Deadlines

Contractors — 12-Month Suit Deadline

Contractors who file a Notice of Mechanic Lien must file suit within 12 months after the date the debt is due. This deadline runs from the date the debt becomes payable, not from the date the mechanic lien was filed.

Subcontractors — 1-Year Stop Notice Suit Deadline

Subcontractors and material suppliers who serve a Stop Notice must file suit within 1 year from last furnishing labor or materials. If the owner does not hold funds after receiving the Stop Notice, the subcontractor may file suit to declare a mechanic lien on the realty.

Private Bond Claims — 1-Year Suit Deadline (§85-7-189)

When a private payment bond has been furnished under §85-7-189, subcontractors and materialmen must file suit within 1 year after the earlier of: (1) publication by the owner of final settlement or abandonment, (2) written acceptance by the project owner, or (3) actual use by the owner.

The multiple triggering events for the suit deadline make it essential to monitor the project status closely. The earliest of the three events starts the 1-year clock.

Public Works — Payment Bond Suit Deadline (§31-5-51)

On Mississippi public works projects, all claimants must file suit within 1 year of: (1) final payment by the public body to the GC, (2) the GC's abandonment of the contract, or (3) the public body's termination of the GC's contract. There is no minimum bond amount under Mississippi law.

First-tier subcontractors need no prior notice. Sub-subcontractors and materialmen of first-tier subcontractors must have given Notice of Claim on Bond within 90 days after their last day of work or supply of material before filing suit.