We are a subcontractor in Florida, working as a sub directly for a General Contractor out of Phoenix, Arizona for a project in Toomsuba, MI. In FL we file a notice to owner. Do we have to file a prelim notice in MI and is there a form? Thank you.
1 reply
Jan 9, 2020
Mississippi preliminary notice requirements
Subcontractors working on a construction project in Mississippi may be required to send a preliminary noticeto the owner and the GC to secure their mechanics lien. rights. These preliminary notices are governed by MS Code §85-7-407(2).
Under MS law, the only parties that are required to send a preliminary notice are 2nd-tier and lower subcontractors and suppliers. 2nd-tier meaning that the party didn't have a direct contract with either the property owner or the general contractor.
If the project is a single-family, residential project, there is a different notice requirement. Not necessarily a "preliminary notice," but functions more like a Notice of Intent to Lien. On such projects, anyone who didn't contract directly with the property owner must provide a "pre-lien written notice." These need to be sent to the property owner at least 10 days before filing a mechanics lien claim.