Do we have to file a prelim notice?

7 months ago

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.

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Mississippi preliminary notice requirements

Subcontractors working on a construction project in Mississippi may be required to send a preliminary notice to 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.

Residential project “pre-lien notice” requirements

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.

Sending preliminary notice even if not required

However, that doesn’t mean you shouldn’t anyway. Sending a preliminary notice has more benefits than just securing lien rights. It helps provide valuable visibility and opens channels of communication for those who the owner may not even know is on the project. Also, prelims can help speed up payment, because invoices submitted by those who sent a preliminary notice are typically given priority over those who didn’t.

For further reading: How to File a Mechanics Lien in Mississippi.

Disclaimer: Disclaimer: NOTE. The information presented here is for informational purposes only. It is not legal advice and should not be construed nor relied upon as such. Furthermore, this posting does not create an attorney-client relationship. If you need legal advice, seek the counsel of a licensed, local attorney.
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