Mississippi Preliminary Notice Guide: Pre-Lien Notice to Owner (Miss. Code § 85-7-405)

1. When Must a Subcontractor Send Notice in Mississippi?

In Mississippi, subcontractors and material suppliers who do not contract directly with the property owner must serve a Pre-Lien Notice to Owner (Miss. Code § 85-7-405) within 30 days of first furnishing labor or materials to the job site.

Key Statutory Rule: Subcontractors must provide notice to owner if GC has not filed Commencement.

2. Who Must Receive the Notice & Proof of Service

Serve via USPS Certified Mail with Return Receipt Requested (or statutory overnight courier) to the Property Owner, General Contractor, and Construction Lender (if applicable). Retain the stamped USPS mailing receipt as proof of timely service.

• Property Owner: Listed on the building permit, Notice of Commencement, or county tax assessor parcel record.
• Prime / General Contractor: The entity holding the direct contract with the owner.
• Construction Lender (if any): Protects priority if a bank or lender is financing the commercial build.

3. Essential Information to Include in Your Notice

To avoid technical invalidation in Mississippi, verify that your notice clearly states:

• Your company's legal business name, address, and contact information.
• Name and address of the General Contractor or party who hired you.
• Street address and legal/parcel description of the job site.
• Clear description of the trade labor, services, or materials furnished.
• Estimated or contracted dollar value of your subcontract scope.