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.
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.