CAN I STIL FILE FOR A LIEN ON A MISSISIPPI PROPERTY AFTER IT HAS BEEN JUST SHY OF 6 MONTH AFTER COMPLETION DATE ?
2 replies
Nov 15, 2019
The deadline to file a mechanics lien in Mississippi is within 90 days after the claimant's last work performed, labor, services, or materials provided.
Depending on the state, there are generally two different dates that will trigger the clock on the filing deadline; (1) Date of Last Furnishing and (2) Date of Substantial Completion. The difference between the two can be confusing.
Mississippi is the former, the date of last furnishing. Meaning that the lien deadline is calculated from the completion of the claimant's duties under their contract, as opposed to the date of substantial completion of the project as a whole. For GCs (prime contractors), this can be tricky.
If hired to oversee the entire scope of the project, then the date of completion and the date of last furnishing are the same. However, if only hired for a portion or particular phase of the project, the lien filing clock begins to tick upon completion of their individual portion of the work.
For further information, check out our Step-by-Step Guide to Filing a Mississippi Mechanics Lien
1 person found this helpful
Helpful
Nov 15, 2019
Alex is correct. The Mississippi lien law (at Sec. 85-7-405(1)(b)) requires that a lien be filed no later than 90 days "after the claimant's last work performed, labor, services or materials provided". Notice that it is not the project's completion that defines the deadline, but the claimant's last presence or supply on the job. Also, the deadline to file a lien is not to be confused with the 1 year deadline to file suit on a Federal or Mississippi payment bond claim.