Mississippi Mechanic Lien Filing Deadlines

Contractors — 12-Month Notice of Mechanic Lien Filing Deadline

Under Mississippi law, contractors must file a Notice of Mechanic Lien within 12 months after the date payment is due from the property owner. This is one of the longest filing periods in the country for mechanic's liens.

The mechanic lien is effective only from the date of filing against subsequent lienors — meaning the mechanic lien does not have retroactive priority. Therefore, the Notice of Mechanic Lien should be filed as soon as possible to maximize the mechanic lien's priority position relative to other claims against the property.

Subcontractors & Suppliers — Stop Notice Filing

Subcontractors and material suppliers in privity with the general contractor do not file a traditional mechanic lien. Instead, they use the Stop Notice procedure by giving written Notice of Claim to the property owner when the general contractor fails to pay.

No formal recording with the county is required for the Stop Notice. However, the Stop Notice applies only as long as the owner is actually holding funds owed to the prime contractor. If the owner has already fully paid the GC, the Stop Notice provides no remedy.

Mechanic Lien Priority — From Date of Filing

Unlike many states where the mechanic lien relates back to the date of first furnishing, Mississippi mechanic liens are effective only from the date of filing against subsequent lienors. This makes prompt filing essential to preserving mechanic lien priority and maximizing the protection afforded by the mechanic lien.

Private Bond — Optional Bond on Private Projects (§85-7-189)

Mississippi allows optional payment bonds on private construction projects under §85-7-189. When a private bond is in place, subcontractors and materialmen to the prime contractor may make claims against the bond. No preliminary notice is required for private bond claims.