Mississippi Contractor Payment and Mechanic’s Liens

Harper Whitwell PLLC is a law firm which stands firm in its belief that the construction industry is the backbone of our economy. We strive to keep contractors compliant with state and federal regulatory requirements and advocate the prompt payment for services rendered. Like many other states, Mississippi allows for recovery of sums owed to contractors on non governmental projects via the mechanic’s lien. This article will focus on seven procedural formalities which place the burden on the contractor to follow as contractors and material supplier have rights “only to the extent that they have brought themselves within the terms of the statute.” Riley Blg. Suppliers, Inc. v. First Citizens Nat’l Bank, 510 So.2d 506, 508 (Miss.1987).

To discuss this or any other construction matter, please contact us today. The remainder of this article will focus on the 7 absolute requirements set forth by the mechanics lien statute.

1). A contractor must be in substantial compliance with its duties under the subject contract. See King v. Hankins, 209 So.2d 190, 191 (Miss. 1968)

  1. File Notice and Claim within 90 days of work performed or materials furnished
  2. Notice and Claim must include the amount due and due date of the claim and be filed within the Court of Chancery where the property is situated. See § 85-7-405

  3. Once the lien is filed, a contractor must send notice within two business days to the owner and contractor.

  4. File a payment/lien action within 180 days or 90 days if owner contests.

  5. Be compliant with applicable licensing requirements

  6. Commence lawsuit with concurrent notice of Lis Pendens.

These are basic requirements which should only be relied on in the proper context, and with further explanation by a lawyer. Please contact Clay Olson or James Harper for free consultation.

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