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A mechanic's lien is a legal document used by contractors, subcontractors, and suppliers to secure payment for work completed on a construction project. Filing a mechanic's lien essentially states that:
- You're owed money for services provided
- You're expecting payment by a specific date
- You'll proceed with litigation if you don't receive payment by that date
While a lien is in place, it restricts the owner from selling, refinancing, or transferring the property without paying you. That pressure makes liens one of the most powerful payment tools available—especially for subcontractors and suppliers.
Mechanic's lien laws vary significantly by state, with different rules governing who can file a lien, what notices are required, and timelines for filing and enforcement. This guide covers the essentials of Mississippi's mechanic's lien laws to help you protect your right to payment.
Not required
Required within 30 days after first furnishing if claimant is not in direct contract with the GC (or owner) (e.g., sub-tier subs and suppliers)
Does not apply to single-family residential projects
Not required
Not required
Required within 10 days before filing a Claim of Lien for single-family residential projects only
Not required
Within 90 days after last furnishing of labor, services, or materials
Within 90 days after last furnishing of labor, services, or materials
Within 90 days after the last day of work
Within 180 days after the lien is filed
Within 180 days after the lien is filed
Within 180 days after the lien is filed
Amount due under the contract, subject to contract-price limits
Amount due under contract, subject to contract-price and unpaid-balance limits
Amount due for unpaid labor, subject to contract-price limits
Mississippi mechanic's lien rights are governed by Mississippi Code Title 85, Chapter 7, Article 21. These statutes apply to private construction and design-related improvements. (Public projects cannot be liened. Instead, nonpayment on public work is addressed through payment bond claims.)
Mississippi's lien system has unique features, including preliminary notice requirements for certain lower-tier claimants and a Notice of Intent to Lien requirement for residential projects. The state also applies statutory caps on lien amounts based on contract-price and unpaid-balance rules.
In Mississippi, mechanic's lien rights extend to:
- General (original) contractors
- Subcontractors and lower-tier subcontractors working under the contractor chain
- Materialmen or suppliers furnishing lienable “materials” to a contractor or qualifying subcontractor
- Laborers furnishing lienable labor through the contractor or subcontractor chain
- Professional engineers, registered architects, and registered land surveyors furnishing plans, drawings, designs, or other services
Mississippi liens cover labor, services, and materials that contribute to the improvement of real estate when furnished at the insistence of the owner (or through the owner’s design professional, contractor, or qualifying subcontractor chain) (MS Code § 85-7-403(2)).
Here are some examples of what’s considered lienable work and what isn’t.
Lienable Work in Mississippi
- Construction, repair, or improvement labor/services furnished for private real estate improvements
- Materials, tools, appliances, machinery, or equipment used in making improvements
- Architectural and engineering plans/drawings/designs and related services tied to the real estate
- Surveying services on or with respect to real estate
Non-Lienable Work in Mississippi
- Work on public projects
- Work by unlicensed GCs, subs, or any party contracting with them
- Amounts that exceed Mississippi’s cap rules (see MS Code § 85-7-405(4)–(5))
Before filing a lien in Mississippi, make sure you’ve met any notice or preliminary requirements that apply to your role (see table above).
Deadline to File
All claimants—GCs, subs, suppliers, and laborers alike—must file a Claim of Lien within 90 days after furnishing their last work or materials.
Filing Requirements
- Filing location: File the Claim of Lien with the office of the clerk of the chancery court in the county where the property is located.
- Form requirements: The Claim of Lien must include the following:
- The lien claim amount
- A general property description
- The last day of work/materials were delivered
- A statement noting the lien expiration timeline (180 days from the filing date)
- A statement to the owner that they have a right to contest the lien
- A statement that missing the required statement or notice invalidates the lien
- Verification: The statute requires the lien to be filed in the required form; if your county recording practice requires acknowledgment/notarization for recordability, follow local recording rules (MS Code § 85-7-405(1)(b)).
- Filing fee: Recording fees vary by county.
- Amending the lien: A Claim of Lien may be amended to increase or reduce the amount, and the amendment relates back to the original filing date (MS Code § 85-7-405(1)(e)).
Service Requirements
No later than two business days after recording a lien, the claimant must send a copy of the lien to the owner by registered or certified mail or statutory overnight delivery. If the owner’s address cannot be found, the copy may be sent to the contractor as the owner’s agent.
If the lien claimant is not the contractor, a copy of the Claim of Lien must also be sent within the same two-business-day period to the contractor or the contractor’s registered agent using the same approved delivery methods (Miss. Code § 85-7-405(1)(b)).
Recording a lien preserves your rights—but enforcement is how you get paid. Here’s what you must do to ensure you enforce your lien in Mississippi.
Enforcement Requirements
- Enforcement deadline: The payment action must commence within 180 days from the Claim of Lien filing date. If the owner (or GC) submits a Notice of Contest to Lien, the enforcement window shrinks to 90 days.
- Additional filing: A lis pendens must be filed with the commencement of the payment action, with a copy to the owner and contractor (MS Code § 85-7-405(1)(c)(i)).
- Filing location: The payment action may be commenced in the county, circuit, or chancery court.
- Lien priority: Generally, lien priority is determined by the date and time of its filing (later-recorded interests are subordinate), with special rules for qualifying construction mortgages. Between Mississippi lien claimants, liens generally share equal priority and are paid pro rata if funds are insufficient.
Lien Release Requirements
Once a lien has been fully satisfied, the lienholder must file a cancellation with the chancery clerk’s records. If the lienholder fails to do so within 15 days after written demand, they may be liable for damages of not less than $500 per day, plus attorneys’ fees and costs. Talk about steep! (MS Code § 85-7-421(2)–(3))
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No. Mississippi’s lien statute states that no lien exists in favor of a contractor or subcontractor who is not properly licensed where required, and it also bars lien rights for parties who contract with unlicensed contractors or subcontractors (MS Code § 85-7-403(5)).
Yes. In Mississippi, mechanic’s lien rights are not limited to parties with a direct contract with the property owner. Subcontractors, lower-tier subcontractors, and suppliers can all have lien rights when they are properly contracted within the project’s contract chain (MS Code § 85-7-403(1)–(2)).
That said, who you are contracted with matters. Mississippi law requires each party to be in a valid contractual relationship with the party paying them (for example, subs with the GC, and lower-tier subs with an upstream sub). Your position in the contract chain also determines whether you must send additional notices.
Yes, the enforcement deadline can be shortened if the owner (or GC) records and serves a Notice of Contest of Lien, which effectively shrinks the time to enforce a lien from 180 days to 90 days (from receipt of the notice) (MS Code § 85-7-423).
See MS Code § 85-7-433(4) for specific notice and form requirements.
Only in one narrow situation. On single-family residential construction, any subcontractor, materialman, or design professional who is not in direct contract with the owner must send the owner a pre-lien written notice at least 10 days before filing the Claim of Lien (MS Code § 85-7-409(2)–(3).
This notice should substantially use the same form outlined in MS Code § 85-7-433(5).
The only parties who need to send a preliminary notice in Mississippi are lower-tier subcontractors and suppliers who don’t contract directly with the GC or owner.
This document should be submitted within 30 days after the first day of work or the delivery of materials and contain:
- Claimant’s name, address, and phone number
- Payer’s name and address
- Project name and location
- Description of labor, services, or materials
- Contract price or value of labor, services, or materials (if known)
This 30-day requirement does not apply to single-family residential construction (Miss. Code § 85-7-407(4)).
Yes, Mississippi requires parties to fill out statutory lien waiver forms for progress payments and final payments. Check out all the details in our Mississippi lien waiver guide.
Mississippi mechanic’s liens are limited to the value of labor, services, and materials actually furnished, plus statutory interest, and generally do not include attorney’s fees, penalties, delay damages, or other non-contract costs. (MS Code § 85-7-403(3)–(4))
Mississippi law also places an overall cap on liens: the total amount of all liens cannot exceed the contract price between the owner and the general contractor. In addition, subcontractors and suppliers may be subject to payment defenses if the owner has already paid the contractor in good faith. (MS. Code §§ 85-7-405(4)–(5), 85-7-409)
No. Mississippi lien rights can be based on an express or oral contract, subcontract, or purchase order. That said, written contracts are still best practice—especially if you end up in a contested lien or payment lawsuit.
Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Always consult with a qualified construction attorney in your state regarding specific legal matters before taking any action that could affect your lien rights.