ALERT: Mississippi Alters Lien Law to Welcome Rental Industry
On September 9, 2010
By Scott Wolfe Jr
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The Mississippi lien statutes haven’t been significantly changed since 1918. As change is the only constant in this world, on March 17, 2010, Mississippi Governor Haley Barbour signed SB 2800 into law, amending the lien laws to include rental and lease equipment and suppliers as a class of parties protected by the state’s statutory lien scheme.
Read a full-text of Senate Bill 2800 on the Construction Lien Blog here.
The legislation amends sections 85-7-131, 135, 181, 185 and 189 of the 1972 Mississippi Code to include equipment renters and suppliers in the class of parties who can file construction liens or stop notices (as the case may be). Previously, these parties did not have any lien rights in the state. The amendment is effective July 1, 2010.
(Looks like a lot of work on getting this law changed came from RentalPulse).
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About the Author: Scott Wolfe Jr
Scott is the founder of Zlien, a nationwide mechanics lien and preliminary notice filing service. Zlien publishes the Construction Lien Blog, and has done so since 2007. Scott has been a leading contributor and author on the blog since it's initial publication. Scott is also the founder of Wolfe Law Group, a construction law firm that practices along the West Coast and in Louisiana. He lives in New Orleans, LA, where he was born and raised.
As a construction law firm representing several national and regional equipment rental companies, this is very good news. Georgia has allowed equipment rental companies to file materialmen liens for unpaid rental amounts, and this increases the likelihood of recovery exponentially!
Hey Mark. Thanks for stopping by. I completely agree with you, and it’s a bit of a shame that Mississippi has gone so long without allowing rental companies from filing liens. I practice in Louisiana, and like Georgia, this is allowed. And across the county, while some states do not allow rental companies from filing liens, they are largely the exceptions.
[...] ALERT: Mississippi Alters Lien Law to Welcome Rental Industry … Those renting or supplying construction equipment now have lien rights in Mississippi thanks to recent amendments to the statutes. Learn more in this post. been significantly changed since As change is the only constant in this world, on March 17, 2010, Mississippi Governor Haley Barbour signed SB 2800 into law, amending the lien laws to include rental and lease equipment and suppliers as a class of parties protected by the state's statutory lien scheme. [...]
[...] Miller Act Claims not allowed to suppliers of suppliers), and another is no equipment lessors (i.e. Mississippi just began allowing equipment lessors to [...]
[...] at all. We’ve written about some of these circumstances on this blog in the past (Mississippi allowing equipment rental companies to lien, and discussing the right to lien in [...]
[...] strategist for this lien law amendment. Mr. Wise and Ms. Sharpe also worked together on the SB 2800 amendment last year, which resulted in including equipement lessors as those protected by Mi…. Posted In: M.S. 85-7-141, Mississippi, MS Senate Bill 2363, MS Senate Bill 2800, Robert Wise, [...]