A construction lien, often called a mechanic’s lien, acts as a cloud on your property’s title. It effectively halts your ability to sell or refinance until you resolve the debt. For commercial developers and property owners in Mississippi, state law offers specific tools to remove these encumbrances, but you must act quickly. Mississippi adheres to a “strict compliance” standard, meaning a contractor’s failure to follow exact statutory procedures can render their lien invalid.
The “Strict Compliance” Standard
Mississippi law protects property owners by holding contractors to rigid standards. Under Miss. Code Ann. § 85-7-405, a contractor must file their claim of lien within 90 days of the last date they performed work or supplied materials. If they file on day 91, the lien is void. The contractor must also send a copy of the lien to you, the owner, within two business days of filing. If they neglect this step, the lien fails.
Managing Critical Deadlines
Once a contractor files a lien, they cannot let it sit indefinitely. They must file a lawsuit (a “payment action”) to enforce the lien within 180 days from the filing date. If they fail to sue within this window, the lien automatically expires.
You do not have to wait six months to clear your title. You can force the issue by filing a Notice of Contest of Lien with the chancery clerk. Filing a Notice of Contest of Lien shortens the contractor’s deadline to file a lawsuit from 180 days to 90 days. If the contractor does not sue within this accelerated timeframe, the lien extinguishes, clearing your title.
Defending Your Property Rights
If a valid lien blocks a transaction, you have options beyond paying the disputed amount. You may “bond off” the lien by posting a surety bond worth 110% of the claim. This transfers the claim from your property to the bond, freeing your title immediately.
You should also verify if the claimant followed preliminary notice rules. Subcontractors who do not have a direct contract with you generally must provide written notice within 30 days of starting work. Without this notice, their lien rights may be nonexistent.
