Mississippi ArticlesRSS feed for this section

Fifth Circuit Upholds Payment Bond Rights

Payment bond rights under your state’s Little Miller Act statute are not easily avoided. Little Miller Act statutes allow subcontractors and lower-tiered parties to make claims against the payment bond that every general contractor must post for public projects. This process guarantees a certain level of protection for subs while…

Read More

Mississippi Preliminary Notice: Everything You Need to Know

Preliminary notices are the building blocks to the mechanics lien process. Subcontractors and suppliers (and sometimes general contractors and design professionals) must send notice to protect their ability to file a lien. General contractors, property owners, and lenders rely on notices to paint a picture of who is working on…

Read More

How Mississippi’s New Construction Lien Law Expanding Lien Rights for Mississippi Subcontractors, Materialmen, and Design Consultants Came To Be Law

This guest post comes from friend of the blog, Robert Wise, a construction law attorney in Mississippi (Sharpe & Wise PLLC).  Robert was influential in the drafting and passing of Mississippi’s 2014 mechanics lien law re-write, which made substantial changes to the state’s mechanics lien scheme.  As this article title…

Read More

Mississippi’s New Mechanics Lien Rules Explained, With Forms

In 2013, ground crumbled underneath the mechanics lien laws in Mississippi when the state’s courts declared the “Stop Notice” rules completely unconstitutional. For years and years, subcontractors and suppliers relied upon these stop notice rules to make any type of lien claim against construction project and improvements.

The effect of the…

Read More

Get Paid? Better File a Mississippi Lien Release

The recent signing into law of SB 2622 has turned Mississippi lien law on its head, and completely changed the rules and requirements of mechanics liens in that state. New notice requirements have been imposed in some situations, new parties are entitled to protection, new deadlines apply, and the lien waiver…

Read More

Mississippi Lien Waivers – A New Approach

The recent dramatic changes to Mississippi’s lien law scheme completely changed the landscape of construction security in Mississippi. Mechanics liens are now available to subcontractors, sub-subcontractors, and suppliers instead of only to original contractors. In order to benefit from those new-found lien rights, however, some parties may be required to send one or…

Read More

Changes to Mississippi Lien Law Include Required Notices

The recent changes to the Mississippi lien law scheme were substantial and transformative. Yesterday’s post announcing that the re-imagining of Mississippi lien law had been signed into law set forth the big changes as to which parties qualify for leon protection. Parties who contract with the property owner are no…

Read More

Mississippi Lien Law Changes Signed Into Law

The Construction Payment Blog has been keeping a close eye on the tumultuous state of mechanics lien law in Mississippi for the past 6 months.

It seemed like change was on the horizon when the United States Court of Appeals for the Fifth Circuit deemed Mississippi’s Stop Notice law facially unconstitutional as…

Read More