Whether you’re a general contractor (GC), subcontractor, or property owner, understanding Mississippi lien waivers is crucial. These essential documents function as receipts acknowledging payment up to a specific amount, thereby waiving the party’s right to file a lien against the property for that amount. While the concept is straightforward, the practical application of lien waivers can be complex.
Several types of lien waivers exist, each requiring submission at specific times during a project. (For a deeper dive into lien waiver basics, refer to The Ultimate Guide to Construction Lien Waivers for Subcontractors.) Moreover, lien waiver requirements vary by state, with each jurisdiction setting its own rules regarding valid forms, contents, and enforcement.
Understanding these nuanced requirements is important for subcontractors to maintain compliance, prevent payment disputes, and protect their financial interests. So grab your hard hat, and let’s dive into the world of Mississippi lien waivers!
(For more general information on lien waivers, check out this on-demand webinar: End the Whack-a-Mole: Lien Waiver Best Practice for Subs.)
Mississippi lien waivers are regulated with specific statutory forms. Parties must follow the format outlined “substantially,” or they risk a void lien waiver. Two form options are provided:
- interim waiver and release upon payment, to be used for progress payments, and
- waiver and release upon final payment, exchanged when you are paid for project work in full.
In addition to these prescriptive forms, Mississippi protects subs by forbidding advance lien waivers. These documents waive a right to claim a lien or payment bond before labor, services, or materials are furnished. This move helps subs ensure payment and avoid disputes along the way.
Here’s what you need to know when handling lien waivers in Mississippi:
- Mississippi is one of a small number of states requiring lien waivers to be sworn to and signed before a notary to be enforceable.
- Lien waivers in Mississippi can be exchanged either pursuant to or after payment. Owners have up to 60 days to pay; if they don’t issue payment during this period, subs can file an Affidavit of Nonpayment in the county where work is being performed and send a copy to the owner. This protects subs from nonpayment (even if the process will, unfortunately, take a few months).
- Mississippi lien waivers are considered “paid in full” when the first of the following happens: receipt of funds, a written acknowledgment by the claimant acknowledging full payment; or 60 days pass after the waiver is exchanged (if the claimant doesn’t file an Affidavit of Nonpayment during this time).
Mississippi provides specific, statutory forms that must be followed for progress payments and final payments.
Both conditional and unconditional lien waivers can be used in Mississippi.
Both conditional and unconditional lien waivers can be used in Mississippi.
Mississippi lien waivers are considered valid when they:
- are in writing
- follow the outlined format with content specified in state statutes
- are signed by the waiving party
- are sworn to and signed before a notary
Mississippi law prohibits waiving lien rights in the contract before work has been performed, unless lien rights are subordinated.
Lien rights can technically be waived before payment in Mississippi. Owners have 60 days to pay after the lien waiver is exchanged.
Completing Lien Waivers in Siteline
- Create, monitor, and track all your lien waivers in one place.
- Automatically fill out and send the right waiver at the right time.
- Request lower-tier lien waivers from all your sub-tier contractors, vendors, and suppliers—individually or in bulk.
- Securely collect e-signatures, with automatic reminders for any unsigned waivers.
- Package and submit signed waivers to your GCs directly within Siteline.
Yes, Mississippi requires all parties to exchange their specific statutory lien waiver forms. Construction teams have two form options:
- interim waiver and release upon payment and
- waiver and release upon final payment.
These forms offer crucial legal and payment protection for subcontractors. While accuracy is important, take heart knowing that if any fields are filled out incorrectly—but “the subject matter of the release reasonably may be determined”—it won’t invalidate the form.
Mississippi lien waivers must follow the state’s guidelines to be valid and enforceable:
- For interim (partial) unconditional, interim (partial) conditional, final unconditional, and final conditional lien waivers, forms must follow the format and content of Mississippi’s lien waiver forms.
- Fields include, but are not limited to, county name, name of contractor, title of owner, sum, and date.
- The lien waiver must be signed by the waiving party.
- To be valid, the lien waiver must be sworn to and signed before a notary.
In Mississippi, advance lien waivers, or waivers that eliminate your lien rights before work on a project begins, aren’t allowed (yay!).
GCs, subs, and suppliers can all use conditional or unconditional lien waivers here. You just need to use one of two forms provided for Mississippi lien waivers: interim waiver and release upon payment and waiver and release upon final payment.
Let’s break down each of the four Mississippi lien waiver subtypes you could exchange:
- An interim (partial) conditional waiver and release upon payment indicates that you will waive your lien rights for that specific portion of the project after the GC pays the noted amount. This should be exchanged when you submit a pay app for a progress payment.
- An interim (partial) unconditional waiver and release upon payment should ideally be exchanged after you receive payment for the specified amount, thus allowing you to waive your right to file a lien on this portion of the project. (If you exchange this waiver before being paid for a Mississippi construction job, you surrender your primary leverage for securing payment.)
- A conditional waiver and release upon final payment states that you will waive your lien rights for the entire project, only if the GC pays in full. Submit this waiver with the final pay app to signify a project has ended.
- Lastly, an unconditional waiver and release upon final payment should be exchanged after full payment has been received from the GC, including retention and fees. This waives all of your lien rights on the project.
Check out this comprehensive guide for even more details on lien waiver types and timing.
Lien waiver provisions should never be added to Mississippi lien waivers. If parties don’t follow the state-outlined forms “substantially,” they risk completely invalidating their lien rights. Don’t use your own form or add anything to theirs.
Good news for GCs, subs, and suppliers—Mississippi outlines several protections that help waiving parties get paid on time and fairly.
When lien waivers in Mississippi are submitted, owners have up to 60 days to pay. If they don’t, subs can file an Affidavit of Nonpayment in the county where work is being performed and send a copy to the owner within those 60 days. This will move any nonpayment issues into the court system. The only problem here is there’s automatically a two-month wait period to receive payment in Mississippi; even though the process can take some time, it guarantees that subs will be paid through its protections.
Mississippi also supports subs through its two state-outlined forms. Since everything was approved by the state, this makes it easier to solve any disputes (so make sure you match these forms directly!).
If the dispute can’t be solved between parties, consider consulting with a construction law attorney who is familiar with Mississippi lien laws.
Not following state lien waiver laws in Mississippi can lead to payment delays, disputes, and more headaches. Cover your bases with the following resources:
- Mississippi Code 1972 (2023), Title 85, Chapter 7, Article 21, Section 85-7-433 – Forms; interim waiver and release upon payment; waiver and release upon final payment; affidavit of nonpayment; notice of contest of lien; pre-lien notice to owner
- Mississippi Code 1972 (2023), Title 85, Chapter 7, Article 21, Section 85-7-419 – Waiver and release of lien or bond claim
- Mississippi State Board of Contractors
- The Mississippi Bar Labor & Employment Law Section
- GCPay Lien Waiver Requirements for Every U.S. State
Automate the process with Siteline. Contractors use our lien waiver tool to digitize all of their lien waiver forms (primary and vendor), send waiver requests to lower-tier contractors and vendors, collect e-signatures, and submit completed waivers to their clients—without ever leaving the system. Siteline even provides centralized tracking to help contractors monitor vendor waiver statuses to see who’s received the form, who’s opened it, and who has (or hasn’t) signed. This means contractors can collect waivers faster while eliminating payment delays caused by compliance holds.
Disclaimer: The information provided on this page is for general informational purposes only and does not constitute legal advice. We recommend you consult a qualified attorney for advice specific to your situation.