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Can we send one preliminary notice for a job that has multiple addresses in Mississippi?

MississippiPreliminary Notice

[Liz at Levelset posting on behalf of user] We just got a job that has 24 different addresses. It is an apartment complex type deal. We want to see if there is a way we can secure all of that under one notice rather than sending a preliminary notice to each address. It's all for one apartment complex, but has multiple buildings & different addresses per building. I have a Material Purchase Certificate that has the address for the entire permit location on it. I'm not sure if that address would cover all of it. Last time we did this we had our attorney do it for us. Do we need to send a separate notice for each address?

1 reply

Oct 27, 2020

First, it'd probably be worthwhile to check and see what your attorney did last time a similar project was done. That'd probably be a useful baseline for moving forward - a Mississippi attorney should be privy to a niche MS lien law issue, like this one. 

When providing supplies for a project that spans multiple buildings and lots, the safest way to proceed would be to send a notice for each property where work is being done. Granted, that may not be necessary. Sending one notice which identifies all of the addresses associated with a singular project may well be sufficient, especially when the properties all fall under the same agreement, are owned by the same owner, and lay adjacent to one another.

Looking at Mississippi's notice laws, specifically - MS requires that a subcontractor's preliminary notice be sent to the GC, and they should understand the project particularly well. So, sending that GC a notice which identifies all of the separate addressess where work is being done could be perfectly effective when they're also doing work at all of those same addresses. That'd seem especially true when all of the separate lots were adjacent to eachother and owned by the same owner.

Ultimately, though, Mississippi's mechanics lien statute doesn't address notice requirements where a project extends to multiple lots. So, unfortunately, there's no cut and dry rule. For other questions on Mississippi's preliminary notice rules: Mississippi Mechanics Lien Guide and FAQs.

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