Mississippi Lien Waiver Guide
Mississippi requires statutory lien waiver forms. Non-compliant waivers may be void and unenforceable.
Key Information
Waiver Type
Statutory
Filing Deadline
90 days from last furnishing labor or materials
Notice Requirements
No preliminary notice required for most claimants.
Key Statutes
Miss. Code Ann. §85-7-401 et seq.; §85-7-431 (waiver forms)
Waiver Types in Mississippi
Conditional Waiver on Progress PaymentRequired
Waives lien rights for a specific progress payment, but only upon actual receipt of payment. Protects the claimant if the check bounces or payment fails.
Unconditional Waiver on Progress PaymentRequired
Immediately and unconditionally waives lien rights for a specific progress payment amount, regardless of whether payment has actually been received.
Conditional Waiver on Final PaymentRequired
Waives all lien rights upon receipt of the final payment. The waiver is conditioned on actual receipt of the specified final payment amount.
Unconditional Waiver on Final PaymentRequired
Immediately and unconditionally waives all lien rights. This is the most comprehensive waiver and should only be signed after final payment is confirmed in your account.
Mississippi Lien Waiver Rules
Mississippi enacted statutory lien waiver forms. Four statutory forms are provided: conditional and unconditional for both progress and final payments. Waivers not in compliance with the statutory forms may be unenforceable. Mississippi is a statutory waiver state — use only approved forms.
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