Home>Levelset Community>Legal Help>I'm a distributor selling material to a supplier on a private project that is providing material to the end user in the state of Mississippi. Do I have lien rights and if so do I need to file a notice within 30 days of first furnishing ?
I'm a distributor selling material to a supplier on a private project that is providing material to the end user in the state of Mississippi. Do I have lien rights and if so do I need to file a notice within 30 days of first furnishing ?
We are a distributor of pipe selling material to a supplier who is selling directly to the end user or owner. This is a private job and I want to make sure I have lien rights and what I need to do to perfect them, etc.
Dec 20, 2018
That's a good question. Mississippi, like many states, does not allow those who supply materials to another supplier to file mechanics liens. Of course, it's worth noting that sending notice can still help to forge a healthy project for a number of reasons, including (1) improving visibility, communication, and collaboration on the job site, and (2) giving the appearance that, if payment is not made, a mechanics lien will be filed. The primary benefit from sending notice is to keep everyone on the job on the same page and to set the tone for the project on day one. But, as mentioned above, sending notice as if you do have lien rights and holding up the appearance that a lien is on the table could also help with recovery. Because mechanics liens are such a serious remedy, even in a situation where it's unclear whether lien rights exist, owners and customers will typically be eager in order to keep the property free of liens. That's why, when push comes to shove, a Notice of Intent to Lien can be such a powerful tool when payments fall behind. For more background on MS lien and notice rules, this resource should be helpful: Mississippi Lien and Notice FAQs. Further, the Payment Rights Advisor can also help to determine what options may be available.