Mississippi

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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 antipated 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.