Below is an overview of the preliminary steps for filing a mechanic’s lien in the state of Mississippi.
COMMERCIAL:
- Upfront Notice:
- Notice to Contractor:
- If not working directly with the prime contractor or owner, a Notice to Contractor is required within 30 days of first delivery.
- If a large delivery is made later that considerably exceeds the anticipated dollar amount on the original notice, BICA recommends sending an Amended notice within 30 days.
- Follow-up Notice (if not paid):
- Affidavit of Non-Payment:
- If a “Waiver and Release” has been given but payment was never made, an Affidavit of Non-Payment must be filed in the county within 60 days of executing the Waiver and Release.
RESIDENTIAL:
- Upfront Notice:
- Notice to Contractor:
- For single-family residential construction, no statutory upfront notice is required.
- Since the Commercial notice is similar to our Courtesy Letter, and since any residential construction more than a single-family residence requires the commercial notice, BICA will also send the “Notice to Contractor” used for Commercial jobs for all residential construction.
- Follow-up Notice (if not paid):
- Pre-Lien Notice to Owner: (Intent to Lien)
- Required at least 10 days before filing a lien.
- This applies only to single-family residential construction.
- This notice is available on the BICA member portal.
PUBLIC:
- Upfront Notice: BICA sends a Courtesy Notice.
- Follow-up Notice (if not paid):
- Notice of Claim on Bond: (Little Miller Act)
- Must be sent within 90 days of your last work or delivery on the job.
- This notice is available on the BICA member portal.
Throughout our site you can find more resources on the process of filing mechanic’s liens and preliminary notices. If you’re ready to get started, be sure to reach out to us on our contact page, or call us at (800) 722-2422.