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I would like to know if I can file a lien

My company is based in Fort Lauderdale, FL, We installed an external debris chute at a commercial property in Meridian Mississippi in January 2020. The customer made two payments then stopped and now is in arrears $12,000.00. Levelset sent out a preliminary notice when the work began. The cust does not want us to take down the chute and refuses to pay. Are we legally allowed to proceed with filing a lien to try and collect the monies owed to us? Some of your advisors, who are not attorneys keep saying something about only having 90 days to file. Please advise. Thank you

1 reply

Aug 26, 2020

In Mississippi, mechanic’s liens may be filed by contractors, subcontractors and materialmen furnishing material for the improvement of real estate; as well as registered architects, professional engineers, and registered land surveyors. If a party supplies "materials, tools, appliances, machinery, or equipment" used in making improvements to real estate, and is unpaid for that furnishing of labor or material, they are able to secure the amounts due through filing mechanics lien, provided the rules and requirements are met. Parties who contact with a subcontractor must provide a preliminary notice to the GC within 30 days of first furnishing labor and or materials to the project. And, there are always time deadlines that must be met. In Mississippi, a Claim of Lien must be filed within 90 days after the last date on which the lien claimant furnished labor and/or materials to the project. So, if labor or materials are still being furnished to a project, the 90-day time period has not yet begun to run.

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