Mississippi construction lien and payment bond deadlines: 90 days to file, 180 days to sue

Mississippi's construction lien law is in Title 85, Chapter 7 of the Mississippi Code. Payment bonds on public work are governed by § 31-5-51. This is a summary, not legal advice.

Private work

• File: a claim of lien is filed with the chancery clerk of the county where the property is located within 90 days after the claimant last furnished labor, services or materials (§ 85-7-405).
• Notify: a copy goes to the owner by registered or certified mail or overnight delivery within two business days of filing; a claimant that is not the contractor also sends a copy to the contractor.
• Sue: a payment action must be started within 180 days after the claim of lien is filed, with a lis pendens notice; otherwise the lien is unenforceable (§§ 85-7-405, 85-7-421).

Public work

• Contractors on public work furnish performance and payment bonds of not less than the contract amount (§ 31-5-51).
• A claimant not paid in full 90 days after its last labor or materials may sue on the payment bond.
• A claimant that dealt with a subcontractor rather than the prime must give the prime written notice within 90 days.
• Contracts under $25,000 may be paid in a lump sum at completion, and the bonds are not required.

Summary for general information, reviewed 2026-10-31. Not legal advice; check the source before relying on a deadline or threshold.