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Home>Levelset Community>Legal Help>we are a small construction company that does remodels and repairs. We are not required to have a lic. Do we have to have a lic to file a mechanic lien

we are a small construction company that does remodels and repairs. We are not required to have a lic. Do we have to have a lic to file a mechanic lien

MississippiRight to Lien

We are just trying to make sure we have all the information we need just in case circumstances arise where we have to file a lein on property to get paid.

1 reply

Jul 10, 2019
Great question. It's always a good idea to be proactive in the construction industry, as opposed to reactive when things go south. The state of Mississippi's mechanics lien statute is found under §85-7-403. Generally, all contractors, subcontractors, and materialmen furnishing material for the improvement of real estate are granted lien protection. Your suspicion concerning whether a project participant will still have these right if they are unlicensed isn't unfounded. In fact, many states have a provision in their laws touching on this point. But, only if they are required to have a license. Mississippi is one of those states.

In the same statute mentioned above, MS lien laws provide that "no lien right shall exist in favor of any contractor or subcontractor who is not licensed as required." The key phrase here is "as required." Contractor licensing is regulated by the MS State Board of Contractors. This requirement even goes a step further by stating that lien rights aren't available to anyone who contracts with a contractor or sub that isn't licensed as required either! So be cautious when working with new contractors in Mississippi. Therefore, if the claimant is not required to have a license, then they are still eligible for mechanics lien protection.

For more information on licensing requirements in MS, you can head on over to the MS State Board of Contractors website.

Also, if you're looking for any additional information regarding mechanics liens in MS; these resources should be helpful: (1) Mississippi Mechanics Lien Overview & FAQs, and (2) How to File a Mechanics Lien in MS.
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