Legal Services provided by,
The Law Firm of Jeffery P. Reynolds, P.A.
Representing the interest of Subs, Suppliers and the Construction Industry of Mississippi
Jeffery P. Reynolds, P.A.
jeff@jprpa.com
(601) 355-7773
Digital Marketing and Information Technology Services provided by
The Garner Agency
Supporting the Construction Industry for over 25 years
Joe Garner
joe@garner.agency
(601) 750-9303
www.garner.agency
321 Hwy 51N, Ridgeland, MS 39157
Other Services
www.msboc.us Mississippi state board of contractors
www.ms.sos.gov Mississippi Secretary of State
2014 Lien Law – A Flowchart
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Is the project a public/government job? IF YES – NO LIEN RIGHTS.
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↓ No
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Does the project have a payment bond? IF YES – NO LIEN RIGHTS.
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No – you have lien rights!!!
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Information needed immediately upon acceptance of the job:
1. Identity / contact info of PROJECT OWNER.
2. Identity / contact info of GENERAL CONTRACTOR.
3. Identity / contact info of HOME/PROPERTY OWNER (if a single-family residential project).
4. Is the contractor or subcontractor who hired the supplier/sub properly licensed for the project (licenses shall be furnished upon request) and is the supplier/sub licensed as required by Mississippi law?
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Does Supplier/Sub have a direct contract with the general contractor? IF YES – NO NOTICE IS REQUIRED.
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↓ If not
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Within 30 days after the first delivery of labor, services or material: Must send written notice to the contractor or, if no contractor, the owner. Must include:
1. Name, address, telephone number of person providing labor, services or materials – i.e., Supplier/Sub;
2. Name and address of each person at whose instance the labor, services or materials are being furnished;
3. Name and location of the project for which the labor, services or materials are being provided; and
4. A description of the labor, services or materials being provided and, if known, the contract price or anticipated value of the same.
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WHAT TO DO UPON NON-PAYMENT/CONTRACT BREACH
- Within 90 days after delivery of last labor/services/materials: Must file a “Claim of Lien.”
- Must be filed in the Chancery Court of the county where the property is located. Must use the form/language provided in the statute – Miss. Code Ann. § 85-7-405(b).
- Include the amount due to Supplier/Sub and interest on the principal amount at the rate of 8% per annum.
- Within 2 days of filing Claim of Lien: For all projects (residential and non-residential), must give the project owner and contractor notice of the lien via certified mail or overnight delivery.
- For single-family residential projects – 10 days before filing the Claim of Lien: Must also give the single-family residential property owner pre-lien notice. Must use the pre-lien form/language provided in the statute – Miss. Code Ann. § 85-7-433(5).
- Within 180 days after filing your Claim of Lien: Must file a lawsuit.
- Must file a lis pendis notice with the Chancery Court with commencement of the lawsuit and must furnish this notice to the project owner and contractor.
- If the project owner/contractor files a Notice of Contest of Lien with the Chancery Court (Supplier/Sub will receive via certified mail or overnight delivery), you must file your lawsuit at the earlier of either 90 days after the filing of the Notice of Contest of Lien or 180 days from the lien filing. You must also file a Notice of Commencement of Payment Action with the Chancery Court within 30 days of filing the lawsuit if a Notice of Contest of Lien is filed.
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