Mississippi
Who Can Claim: Contractors under direct contract with owner. Subcontractors, including subcontractors not directly contracted to the prime contractor, mechanics, materialmen and laborers. Registered architects, land surveyors and professional engineers. Machinists, manufacturers of machinery and lessors of machinery, if the machinery is attached as a fixture to the property. The furnisher of rental equipment who does not perform any labor on the project.
Required Notice and Timing: Direct contractors do not need to send notice. Contractors to furnish list of all subcontractors and materialmen upon written request of property owner; information to be provided by persons not having privity of contract with contractor. Any other person providing labor, services or materials for a construction project must send a Notice of Lien Rights to the General/owner within 30 days. Sixty (60) days after the date of the execution of the waiver and release, unless before the expiration of the sixty-day period the claimant files in the county in which the property is located an affidavit of nonpayment, using substantially the affidavit of nonpayment form set forth in Section 85-7-433(3), and sends a true and accurate copy of the affidavit of nonpayment to the owner of the property in the manner provided in Section 85-7-405 for sending a notice of a claim of lien to the owner.
Lien Filing: Claim of Lien must be filed within 90 days after the date on which the lien claimant last furnished labor and/or materials to the project.On Single Family Residential who do not have a direct contract with owner – need to send a Pre-lien written notice of Intent to Lien at least 10 days prior to filing a claim of lien.
Lawsuit Filing: An action to enforce a Mississippi mechanics lien must be initiated within 180 days from the date on which the lien was filed. This deadline may not be extended, and missing the deadline will render the lien unenforceable.
Public/Federal Work: Mississippi does not require preliminary notice to be sent in order to retain the right to file a valid and enforceable claim against the payment bond obtained for a public works project. However, you may send a preliminary notice for visibility.
Lawsuit Filing: Claimants not under direct contract with the contractor must give the contractor written notice of claim after last furnishing, but within 90 days of project completion. Enforcement lawsuit must be filed within 1 year from last furnishing