Mississippi Preliminary Notice Guide and FAQs

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Mississippi Preliminary Notice FAQs

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Mississippi Preliminary Notice Rules


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Preliminary Notices Generally Required

Whether notice is specifically required depends on your project role. A party who does not have a contract with either the property owner or the general contractor must provide a preliminary notice to the general contractor (or, if there is no general contractor, to the owner) within 30 days of first furnishing labor and or materials to the project. Any project participant may be required to provide a notice of all sub-tier parties with whom s/he contracted. On single-family residential projects, a notice of intent to lien is required 10 days prior to filing a lien claim.


N/A
GCs Are Not Required, But...

May need to provide a list of subs, if requested by owner.


30
DAYS
Subcontractors Must Send Notice

If no contract with either the property owner or the general contractor, 2nd-tier and lower subcontractors must provide a preliminary notice to the general contractor (or, if there is no general contractor, to the owner) within 30 days of first furnishing labor and or materials to the project. It is likely best practice for all subcontractors to provide this notice, even if not specifically required. On single-family residential projects only, all parties who did not contract directly with the property owner must provide the owner with a “pre-lien written notice” (notice of intent to lien) at least 10 days prior to filing a claim of lien.


30
DAYS
Suppliers Must Send Notice

If no contract with either the property owner or the general contractor, 2nd-tier and lower suppliers must provide a preliminary notice to the general contractor (or, if there is no general contractor, to the owner) within 30 days of first furnishing labor and or materials to the project. It is likely best practice for all suppliers to provide this notice, even if not specifically required. On single-family residential projects only, all parties who did not contract directly with the property owner must provide the owner with a “pre-lien written notice” (notice of intent to lien) at least 10 days prior to filing a claim of lien.


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Notice Cannot be Sent Late

Failure to comply with the preliminary notice deadlines is fatal to a subsequent lien claim in Mississippi.


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Send to GC (and sometimes Owner)

The general preliminary notice is required to be sent to the GC, or to the owner if the is no GC on the project. The notice of intent to lien , if required, should be set to the property owner.

Preliminary notice not required in WV
Preliminary Notice Not Required

Mississippi does not require preliminary notice to be sent in order to retain the right to make a valid and enforceable claim against the payment bond procured for a public job.


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N/A

On public jobs, any claims for non-payment are made against the general contractor's bond. Since GCs will not make a claim against their own bond for non-payment, they do not have bond claim rights, and have no preliminary notice requirement.


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No Notice Required from Subs

Mississippi does not require preliminary notices be sent to preserve the right to make a claim against a payment bond on a public project.


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No Notice Required from Supplier

Mississippi does not require preliminary notices be sent to preserve the right to make a claim against a payment bond on a public project.

Mississippi generally requires construction participants to provide preliminary notice in order to retain the right to file a valid and enforceable mechanics lien. But besides the specific requirement to provide preliminary notice, it’s always a good idea to send preliminary notice on all projects in order to promote visibility and speed up payment.

Mississippi changed it’s laws several years ago, and there has been plenty of time to catch up, but parties who rarely perform work in Mississippi may still be caught off guard.

Parties who contract directly with the property owner do not have general preliminary notice or notice of intent requirements in Mississippi, but that does not mean that they are completely exempt from potential notice requirements. In fact, if a property owner makes a written request upon the contractor, the contractor must provide a complete list of all subcontractors and materialmen. This obligation extends down the payment chain, as well, so GCs can make the same request of their subs, and so on. This is not a toothless requirement, either. Mississippi law states that a “willful” failure to provide this information within a reasonable time when required to do so will result in a forfeiture of that party’s right to file a lien.

The preliminary notice for parties who have not contracted directly with the owner or the GC is more traditional. These parties are required to send preliminary notice to the GC (or to the owner if there is no GC) within 30 days of first furnishing labor or materials to the project.

Additionally, there is a separate requirement for single family residential projects. On such projects, all parties who did not contract with the property owner are required to send a “pre-lien written notice” (notice of intent to lien) at least 10 days prior to filing a lien itself, if payment issues on the project have devolved to that point.

Preliminary Notice Frequently Asked Questions

If you're working on projects in Mississippi it's important to know what notices you may be required to send, the timeline for sending them, and the consequences of making a mistake. It's important to get all the details right, and make sure that the rules and requirements are met in order to make sure your notice is effective. If you're receiving prelims, it's important to know what you're looking at and know what to do in followup. Since prelims are subject to a lot of complex rules and requirements, all of this can all be difficult to get a good grasp on. Here are some frequently asked questions about the Mississippi preliminary notice process.

Prelim FAQs on Private Projects

Do I Need to Send a Mississippi Preliminary Notice?

It depends. Contractors who contracted directly with the property owner are not generally required to send any notice. However, if they receive a written request from the property owner, the contractor must provide a list of all subs and materialmen.

A party entitled to lien rights who does not have a contract with either the property owner or the general contractor must provide a preliminary notice to the general contractor (or, if there is no general contractor, to the owner) within 30 days of first furnishing labor and or materials to the project.

On single-family residential projects only, all parties who did not contract directly with the property owner must provide the owner with a “pre-lien written notice” (notice of intent to lien) at least 10 days prior to filing a claim of lien.

View our detailed discussion of Mississippi’s new preliminary notice framework and requirements in the article, “Changes to Mississippi Lien Law Include Required Notices.

When do I Need to Send a Mississippi Preliminary Notice?

List of Subs/Suppliers: After written request from property owner.

Preliminary Notice: When required, the general preliminary notice must be sent within 30 days of first furnishing labor and/or materials to the project.

Notice of Intent: At least 10 days prior to filing a lien on a single-family residential project.

What if I Send the Mississippi Preliminary Notice Late?

Failure to comply with the preliminary notice requirements (when required) in the time set forth by statute in Mississippi is fatal to a subsequent lien claim.

How Should the Mississippi Preliminary Notice be Sent?

List of Subs/Suppliers: “Provided” to the property owner.

Preliminary Notice: Registered or certified mail, statutory overnight delivery, e-mail with confirmed receipt.

Notice of Intent: “Any reliable means of delivery”.

Do I Have to Send the Mississippi Preliminary Notice to Someone Other than the Owner?

The general preliminary notice, when required, should be sent to the general contractor, or the owner if there is no general contractor.

Is the Mississippi Preliminary Notice Requirement met when sent or delivered?

In Mississippi the copy is considered delivered when sent.

Prelim FAQs on Public Projects

Do I Need to Send a Mississippi Preliminary Notice?

No. Mississippi does not require preliminary notice to be sent in order to retain the right to file a valid and enforceable claim against the payment bond obtained for a public works project.

even when not specifically required, though, there can be numerous benefits to sending preliminary notice. Providing notice promotes visibility on the project, gets you noticed, provides information and collaboration, and gets you paid faster.

When do I Need to Send a Mississippi Preliminary Notice?

N/A

What if I Send the Mississippi Preliminary Notice Late?

N/A

How Should the Mississippi Preliminary Notice be Sent?

N/A

To Whom Must the Mississippi Preliminary Notice be Given?

N/A

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Mississippi Preliminary Notice Form Template

Mississippi preliminary notice forms are regulated by statute. Since the law changed several years ago, Mississippi has preliminary notice requirements and specific rules and regulations regarding preliminary notice forms. This doesn’t mean that the form has to look an exact specific way, but it does mean that the document must contain certain information, and generally follow the statutory requirements. The forms provided here for free by Levelset are compliant with the Mississippi rules. You can download them for free, or use our system to send or request them easily.

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