Nobody should work for free. Your lien rights are in place to ensure you never have to. However, if the applicable laws of your state are not followed to a “T,” your lien will not be valid, and the whole purpose of it will be lost. We’re here to take away the complexity and confusion of learning your state’s lien laws and give it to you straight. If you work in Mississippi and need to know the lien laws, this is the post for you. Here, we break down exactly what the state of Mississippi requires for you to properly file a valid construction lien or bond.
How to File a Valid Lien in Mississippi:
- Place 3* and above Contractors and/or Material Suppliers have lien rights.
- Contractors must be licensed by the Mississippi State Board of Contractors to have a lien.
- Liens must be filed with the Chancery Clerk in the county where the property is located within ninety (90) days of the last work performed and/or materials supplied.
- You must send a copy of the lien that was filed to the Owner within two (2) days of it being filed. The lien must be sent by next-day delivery.
- You must file suit to enforce the lien within one hundred and eighty (180) days of filing or it will expire. A Lis Pendens must be filed with the suit to enforce.
- You can amend a lien, but notice of the amendment must be sent to the Owner the same way the lien was sent.
- For a single-family residence, you must send a pre-lien notice and it must be sent to the Owner at least ten (10) days before filing a lien.
How to Have a Valid Bond Claim in Mississippi:
- On a public project of more than $25,000, a bond is required.
- If you request a copy of the bond from the public authority or the Place 1* Contractor, they are required to give it to you in thirty (30) days.
- Place 2* Contractors and/or Material Suppliers are not required to give notice before they file suit to enforce their bond claim.
- Place 3* and below Contractors and/or Material Suppliers must send notice of the amounts they are owed to the Place 1* Contractor or their Surety within ninety (90) days of the last work performed and/or materials supplied.
- Suit to enforce your bond claim must be brought within one (1) year of the last time you worked and/or supplied materials.
If you work in Mississippi, you must follow the rules listed above to ensure your construction lien is valid, and you can get the pay you are owed for the work you have done. Commit them to memory and put them into practice. If you want to be able to file a valied lien in Mississippi on your own, listen to this episode of The Quit Getting Screwed Construction Podcast. If you need someone else to take care of filing your construction lien or bond claim, and do it the right way, contact a professional Mississippi lien attorney who is experienced in construction law to take care of it for you. Our sister company, The Cromeens Law Firm, has a 90% success rate of collections before having to foreclose on a lien, saving you costly legal fees. Secure your payment and protect the future of your building.
*The “places” referenced in the rules above correlate to the Construction Food Chain Chart from Karalynn Cromeens’ book,
Quit Getting Stiffed. The chart can be found here to use when following these lien and bond rules.