Mississippi Notice Requirements
Preliminary Notice Obligations for Private Works & Public Projects Under Mississippi Code Annotated §85-7-131 et seq.
Contractors — No Preliminary Notice Required
Mississippi does not require contractors to serve any preliminary notice before filing a Notice of Mechanic Lien. Contractors who contract directly with the property owner may proceed directly to filing the mechanic lien within the statutory deadline of 12 months after the date payment is due from the owner.
Subcontractors & Material Suppliers — Stop Notice
Instead of traditional mechanic's lien rights, Mississippi provides subcontractors and material suppliers who deal directly with the general contractor a 'Stop Notice' remedy. If the general contractor does not pay, the subcontractor or supplier may give a written Notice of Claim to the property owner.
Upon receiving the Stop Notice, the owner must hold funds owed to the prime contractor or face the possibility of suit to declare a mechanic lien on the realty. The Stop Notice applies only as long as the owner is actually holding funds owed to the prime contractor. Only persons with privity of contract with the general contractor have Stop Notice rights.
Public Works — No Notice for First-Tier Subcontractors
On Mississippi public works projects under §31-5-51, subcontractors in direct contract with the prime contractor are not required to serve any preliminary notice or Notice of Claim on the bond. They may proceed directly to filing suit within the statutory deadline.
Public Works — 90-Day Notice for Sub-Subcontractors & Materialmen
Sub-subcontractors and materialmen of first-tier subcontractors on public works projects must give a Notice of Claim on Bond within 90 days after the last day of work or supply of material. This notice is a prerequisite to filing suit on the payment bond and must be served timely to preserve bond claim rights.
Frequently Asked Questions
Is a preliminary notice required to file a mechanic lien in Mississippi?
No preliminary notice is required for contractors. Subcontractors and suppliers use the Stop Notice procedure instead of a traditional mechanic lien — they give written Notice of Claim to the owner when the general contractor fails to pay.
What is the Stop Notice in Mississippi?
The Stop Notice allows subcontractors and suppliers in privity with the general contractor to give written Notice of Claim to the property owner. The owner must then hold funds owed to the GC or face suit. The Stop Notice applies only while the owner holds funds owed to the prime.
What notice is required for Mississippi public works bond claims?
First-tier subcontractors need no notice. Sub-subcontractors and materialmen of first-tier subcontractors must give Notice of Claim on Bond within 90 days after the last day of work or supply of material under §31-5-51.
Who has Stop Notice rights in Mississippi?
Only persons with privity of contract with the general contractor have Stop Notice rights. This means subcontractors and material suppliers who deal directly with the GC. Lower-tier claimants without direct GC privity do not have Stop Notice rights.
Does a contractor need to serve notice before filing a mechanic lien in Mississippi?
No. Contractors may file a Notice of Mechanic Lien without any prior notice. However, the mechanic lien is effective only from the date of filing against subsequent lienors, so filing as soon as possible is strongly recommended.
Related Mississippi Resources
Explore other critical compliance areas for Mississippi construction mechanic lien law.
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
Mississippi Overview
Return to the main Mississippi construction mechanic lien law page