Mississippi Waiver of Lien Claim by Contractor

State:
Multi-State
Control #:
US-OG-157
Format:
Word; 
Rich Text
Instant download

Description

This form provides for a contractor to waive any lien claims in lands on or for which labor or materials have been provided.

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FAQ

Furthermore, lien rights will not be afforded to any contractor or sub who contracts with any contractor or sub who is not licensed as required. The same applies to architects, engineers, and land surveyors, who must be registered in order to have lien rights.

A "Conditional Waiver and Release Upon Progress Payment" discharges all claimant rights through a specific date, provided the payments have actually been received and processed. An "Unconditional Waiver and Release Upon Final Payment" extinguishes all claimant rights upon receipt of the payment.

In Mississippi, everyone who provides labor or materials, or even design services (architects, engineers, surveyors, etc.), for improvement of real property, is entitled to protect the value of his services rendered with a lien on that property. What is a lien?

Within 90 days of the final day you furnished labor or materials (and 10 days after the Pre-Lien Notice to Owner in residential projects), you must file a Claim of Lien with the chancery court clerk's office.

How to File a Mississippi Mechanics Lien Prepare the lien document, taking care to include all the necessary information set forth above ? including the required statements. Sign the document. Deliver the lien must the office of the clerk of the chancery court of the county where the property is located.

Contractors. If you are a contractor, the process is relatively straight forward compared to other states, and you do not need to file or serve any notices prior to beginning work. Within 90 days of the final day you furnished labor or materials, you simply file a Claim of Lien with the chancery court clerk's office.

A Notice of Intent to Lien must be served at least 10 days before you officially file your Mississippi mechanics lien. A list of subcontractors and material suppliers must be served ?within a reasonable time? after receiving the written request from a property owner or a general contractor.

Here is a field-by-field breakdown of this form: Name of Claimant. This is the name the party to be paid, and the party who will be signing the lien waiver document. ... Name of Customer. ... Job Location. ... Owner. ... Maker of the Check. ... Amount of the Check. ... Check Payable To. ... Exceptions.

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Mississippi Waiver of Lien Claim by Contractor