Hi,
I performed some metal work on a hotel in Oxford, MS. Final working date was November 10th, 2019. Been told several times by GC I will be paid but nothing has been received. Am I within my rights to file a lien? Still within the 90 days.
Thanks
1 reply
Jan 13, 2020
A Mississippi mechanics lien must be filed within 90 days of the date the claimant last furnished labor or materials to the project. However, keep in mind that in order to file a valid mechanics lien, there may be a required preliminary notice depending on your role on the project.
If the claimant didn't contract directly with the owner or GC, then they must provide a Mississippi preliminary noticewithin 30 days of first furnishing labor or materials to the project. Failure to do so will be fatal to the claimant's mechanics lien rights. But if hired by the owner or GC, preliminary notice isn't required to secure lien rights.
One thing to note, since you are still well within the 90-day timeframe to file a mechanics lien, there's one more step you can take to try and induce payment. This is known as a Notice of Intent to Lien. You can consider this a final warning shot, that if you aren't paid within x amount of days, that you are willing and able to file a mechanics lien. This "threat" to file a lien is usually enough to motivate payment.
For more information: How to File a Mississippi Mechanics Lien