A owner hired my company to be an owners rep / manager of a hotel being built to over see the GC and didnt pay us. We are not licensed in Mississippi. Can we file a lien?
1 reply
Jun 12, 2020
Construction managers are a bit of a gray area when it comes to mechanics lien rights. If the manager, themselves, performed work on site that permanently improved the property, then lien rights may well be on the table. If the manager merely coordinated and oversaw the work of the GC, then lien rights may not be available. Levelset discusses the matter here: Can Construction Managers File Mechanics Liens?
Mississippi's mechanics lien statute pretty narrowly identifies who will be able to file a mechanics lien claim. Under § 85-7-403(1), the following parties are entitled to lien:
(a) contractors, subcontractors, and materialmen;
(b) registered architects and professional engineers;
(c) registered land surveyors
Generally, parties hired by the owner may fall under the "contractor" definition - but, as you mentioned above, contractors must be licensed in Mississippi in order to have mechanics lien rights. So, if you're considered a contractor, then a license would generally be required. But, if you're not a contractor, then lien rights likely won't be available due to Mississippi's relatively narrow scope of mechanics lien rights.
With all of that being said, contacting a Mississippi construction lawyer might be useful - they'll be more familiar with the detailed intricacies of Mississippi mechanics lien laws and could provide more specific information there. Additionally, keep in mind that recovery tools like invoice reminders, payment demand letters, or even Notices of Intent to Lien might work to force payment. Additionally, legal claims like breach of contract or instead sending the debt to collections could be valuable, too.