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	None	For those who did not contract with the prime, must file a bond claim with the prime contractor and the surety within 90 days of last furnishing labor or materials to the project (good practice for those who did contract with prime as well). Enforcement lawsuit must be filed within 1 year from last furnishing labor and/or materials to the project.
	None	For those who did not contract with the prime, must file a bond claim with the prime contractor and the surety within 90 days of last furnishing labor or materials to the project (good practice for those who did contract with prime as well). Enforcement lawsuit must be filed within 1 year from last furnishing labor and/or materials to the project.

Mississippi Public Project Frequently Asked Questions

Who Is Protected?

Suit may be brought on a payment bond or a highway payment bond.

Payment Bond: A claim on a payment bond may be made by a subcontractor or supplier to the prime contractor; a subcontractor or supplier of the first tier subcontractor; and laborers. If the bond provides coverage, equipment lessors may also file suit.

Highway Payment Bond: A claim may be made by a subcontractor or supplier to the prime contractor and a subcontractor or supplier to a first tier subcontractor.

Suppliers to suppliers are not protected.

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When is the Deadline to File a Lien/Make a Claim?

First tier subs have no required filing time requirement. Second tier subs must file within 90 days after last performance or supply of materials.  The claim may not be sent prior to final furnishing of labor and/or materials by the claimant.

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Who Should Receive the Lien/Claim?

In Mississippi, both the prime contractor and the surety should receive the lien claim.

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When is the Deadline to Initiate Suit, or, How Long is My Lien Effective?

Suit on a payment bond, including highway payment bond, must be initiated within one year after the day on which the last day of the labor was performed or material was supplied by the person bringing the action.

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What Must the Lien/Claim Include?

The amount claimed and the name of the party for whom work/ labor was supplied.  It is likely advisable to also include the name of the general contractor, a description of the public project, and a description of the labor and/or materials furnished.

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How Must the Claim Be Sent?

An Alabama bond claim must be sent via registered or certified mail.

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Mississippi Public Project Preliminary Notice FAQs

Do I Need to Send a Preliminary Notice?

The claims must either be personally served or sent via certified mail, return receipt requested.

When do I Need to Send a Preliminary Notice?

N/A

What if I Send the Preliminary Notice Late?

N/A

How Should the Preliminary Notice be Sent?

N/A

To Whom Must the Preliminary Notice be Given?

N/A