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Mississippi Construction Lien Law
Lien Waivers
Lien Waiver Summary
The lien waiver must comply with the statutory form provided.
Statutory Form
Required
Notary
Required
Electronic Signature
Acceptable
Can a mechanics lien have priority over a pre-existing mortgage in Mississippi?
Mississippi generally follows the first-in-time first-in-right rule. Mississippi mechanics liens have priority over other liens or encumbrances filed after the date on which the mechanics lien was filed. However, mechanics liens are subordinate to tax liens, irrespective of date.
Notices
Notice of Commencement (or similar like event)
Not applicable.
Preliminary Lien Notifications
It depends. Contractors who contracted directly with the property owner are not generally required to send any notice. However, if they receive a written request from the property owner, the contractor must provide a list of all subs and materialmen.
A party entitled to lien rights who does not have a contract with either the property owner or the general contractor must provide a preliminary notice to the general contractor (or, if there is no general contractor, to the owner) within 30 days of first furnishing labor and or materials to the project.
On single-family residential projects only, all parties who did not contract directly with the property owner must provide the owner with a “pre-lien written notice” (notice of intent to lien) at least 10 days prior to filing a claim of lien.
Have Questions?
Reach out if you have any comments or questions about our state resources.
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