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Mississippi Lien Waivers Guide and FAQs

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Mississippi Waiver FAQs

Mississippi Lien Waiver Overview

Mississippi Lien Waiver Rules

  • Rules At A Glance
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Specific Form Required

Mississippi requires that the statutory form be used in order for a lien waiver to be effective.

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Notarization Is Required

Mississippi code § 85-7-433 requires that lien waivers must be sworn to and signed before a notary public in order to be effective.

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Cannot Waive Rights in Contract

Mississippi does not allow a right to claim a lien to be waived prior to furnishing labor, services or materials. Any attempt to do so is void and unenforceable.

Can Waive Rights Before Payment

Mississippi does allow lien rights to be waived prior to payment, if at least 60 days pass after the wavier is executed and the claimant doesn't file a notice that payment has not yet occurred.

Mississippi lien waivers (sometimes called lien releases) are strictly regulated. This is great news for contractors, suppliers, lenders,  and anyone else on a Mississippi construction project because it makes it much easier to know what it is that you are deadline with when a lien waiver is requested or presented. Mississippi is now just one of 12 states that provide statutory lien waiver forms and have specific lien waiver laws.

Lien waivers are pretty complex documents. But because of how often they are exchanged on construction projects, that can often be overlooked. A lien waiver works as a receipt that payment has been made for work or materials on a job. These documents are exchanged at the time of payment, and commonly attached to subcontractor pay applications or vendor invoices.

There are different types of lien releases for different types of situations. Depending on whether payment has been received or is expected, and depending on whether the job is ongoing. Since lien waivers are routinely exchanged and needed for almost every payment on a construction project, companies are constantly trying to d=find better processes for sending, requesting, tracking, and collecting lien waivers.

Knowing everything you can about lien waivers will allow you to make your process faster. And if your process is faster, your cash will move faster. And that will be good for everyone.

As mentioned above, Mississippi provides a Lien Waiver Form Template within its laws that must be used by all project participants in order for lien waivers to be enforceable.

Free Mississippi Lien Waivers Forms & Templates

Mississippi has specific lien waiver forms that must be used by everyone on an Mississippi construction project. Using these forms is safe, easy, stress-free, and fair for everyone involved.

The forms provided here for free by Levelset are compliant with the Mississippi rules. You can download them free, or use our free system to send or request your compliant Mississippi lien waiver form.

Free Mississippi Lien Waiver Forms

These Mississippi lien waiver forms are compliant with the state's requirements. Make it easy, and use forms from the source you can trust.

Mississippi Interim Lien Waiver Form - free from

Mississippi Interim Lien Waiver Form

This waiver – the Mississippi Interim Lien Waiver – is a partial conditional lien waiver. It should be used when a progress payment on the...

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Mississippi Final Conditional Lien Waiver Form - free from

Mississippi Final Conditional Lien Waiver Form

This ms final conditional waiver (also called a final conditional lien release but not to be confused with a lien cancellation) should be used when...

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Mississippi Lien Waivers FAQs

Mississippi's lien waiver requirements and rules can be complex. While there are statutory form and requirements, there are nuances that can mean payment is deemed to be received and waivers accordingly valid even when payment was never made - in seeming contradiction to Mississippi law. This can create some murky situations. We have some of the most common questions about Mississippi's lien waiver rules below.

Mississippi Lien Waiver FAQs

Does Mississippi require a specific statutory lien waiver form?

Yes, Mississippi requires statutory forms for lien waivers.

What are the requirements for an Mississippi lien waiver? What makes a lien waiver binding?

The lien waiver must comply with the statutory form provided.

Are Unconditional Lien Waivers Prohibited in Mississippi?

No, as long as the waiver complies with the statutory form, it is valid and enforceable.

Is there a specific statutory prohibition on lien waivers in advance of payments, furnishing of work, or furnishing of materials in Mississippi?

Yes, a right to claim a lien or to claim upon a bond may not be waived in advance of furnishing of labor, services or materials.  Any attempt to do so is void and unenforceable.

However, Mississippi does allow lien rights to be waived prior to payment in certain circumstances. While Mississippi states state that waivers in advance of payment are unenforceable, it goes on to state that a payment is deemed to have occurred if at least 60 days pass after the waiver is executed and the claimant doesn’t file a notice that payment has not yet occurred. If that happens, the payment is deemed to have been made, and the waiver is enforceable even if such payment has never actually been provided.

Must Mississippi lien waivers be notarized?

Yes. Mississippi code § 85-7-433 sets forth the form and content requirements for lien waivers in Mississippi, and requires that lien waivers must be sworn to and signed before a notary public.

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