Mississippi Notice of Commencement & Pre-Lien Notice — Chancery Clerk Filing Guide (Miss. Code §§ 85-7-405 / 85-7-407 / 85-7-413, 2026)
✓ Verified against Mississippi statutes · Reviewed August 2026 · By Michael Evan — Founder · 50 states · 799 rules
Mississippi mechanics lien deadlines at a glance
Preliminary Notice
None (owner) — Sub: pre-notice
Mechanics Lien
12 months — From last date of furnishing
Enforcement
1 year — From filing
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What Is a Mississippi Notice of Commencement and How Does the Lien Framework Work?
The Mississippi Notice of Commencement is the pre-construction recording governed by Miss. Code Ann. § 85-7-405 — the procedural entry point into Mississippi's modernized construction lien framework under Miss. Code Ann. § 85-7-401 et seq. (the 2014 HB 1289 revisions to Mississippi's lien laws). The Notice of Commencement is a written instrument filed by the owner (or the general contractor as the owner's agent) with the chancery clerk in the real-property records of the Mississippi county where the property is located. Mississippi uses the chancery clerk as the real-property recording officer in each of the state's 82 counties — distinct from neighboring Louisiana (parish recorder of mortgages), Tennessee (register of deeds), Alabama (probate judge), and Arkansas (circuit clerk). Mississippi chancery courts and circuit courts share concurrent jurisdiction over § 85-7-421 lien enforcement suits depending on the equitable or legal nature of the relief sought.
Who Files the Notice of Commencement and Who Has Lien Rights?
The owner files the Notice of Commencement under § 85-7-405. On most Mississippi commercial projects, the general contractor handles the chancery-clerk recording as the owner's agent. General contractors, subcontractors, materialmen, suppliers, and laborers all hold lien rights under § 85-7-403. The lien attaches to the owner's interest in the property and to whatever improvements have been made. Sub-tier claimants (anyone without a direct contract with the owner) must serve the § 85-7-407 pre-lien notice on the owner within 30 days of first furnishing labor or materials — by certified mail or statutory equivalent — as a condition precedent to recording a § 85-7-413 Claim of Lien. General contractors in direct privity with the owner are exempt from the § 85-7-407 pre-lien notice requirement.
When the Notice of Commencement, Pre-Lien Notice, and Claim of Lien Must Be Filed
The owner files the Notice of Commencement before construction begins under § 85-7-405. The § 85-7-407 pre-lien notice is the procedural gate that determines whether sub-tier lien rights survive at all. A subcontractor, materialman, or supplier without a direct contract with the owner must serve a written pre-lien notice on the owner of record within 30 days of first furnishing labor or materials — by certified mail or statutory equivalent. The 30-day clock runs from actual first-furnishing — not from contract signing, notice-to-proceed, mobilization, or invoice issuance. The § 85-7-413 90-day Claim of Lien window runs from the claimant's last actual furnishing of compensable labor or materials. The § 85-7-421 180-day enforcement window is one of the shortest in U.S. mechanic's lien law.
Required Information on the Mississippi Notice of Commencement
Miss. Code Ann. § 85-7-405 requires: legal description of the property and street address, owner's name and address, fee-simple titleholder's name and address (if different from contracting owner), general contractor's name and address (with Mississippi State Board of Contractors license number where applicable), lender's name and address (if any), § 85-7-415 payment bond surety information (if posted), contract price, and date work is to commence. The Notice of Commencement must be filed with the chancery clerk in the county where the property is located before construction begins.
How to File, Where to Send, and What It Costs
All Mississippi Notice of Commencement filings are made with the chancery clerk in the real-property records of the county where the property is located. The largest commercial-construction filing offices are the Hinds County Chancery Clerk (Jackson), Harrison County Chancery Clerk (Gulfport/Biloxi), Madison County Chancery Clerk, Rankin County Chancery Clerk, DeSoto County Chancery Clerk, Lee County Chancery Clerk (Tupelo), Forrest County Chancery Clerk (Hattiesburg), Lauderdale County Chancery Clerk (Meridian), Lafayette County Chancery Clerk (Oxford), and Jackson County Chancery Clerk (Pascagoula). Recording fees are modest — typically $10–$25 for the first page and $1–$3 per additional page. The § 85-7-413 Claim of Lien is recorded with the same chancery clerk. The § 85-7-407 pre-lien notice IS served on the owner by certified mail (within 30 days of first furnishing) and is a condition precedent for sub-tier claimants to file a Claim of Lien — but the pre-lien notice itself is not recorded with the chancery clerk.
Connection to the Mississippi Claim of Lien Framework
The § 85-7-405 Notice of Commencement is a pre-claim recording — it does not by itself create or perfect a lien. The actual claim is the § 85-7-413 Claim of Lien, recorded with the chancery clerk within 90 days of the claimant's last furnishing of labor or materials. Before recording the Claim of Lien, sub-tier claimants must have already served the § 85-7-407 pre-lien notice on the owner within 30 days of first furnishing. After the Claim of Lien is recorded, suit to enforce the lien must be commenced in Mississippi Circuit Court or Chancery Court within 180 days under Miss. Code Ann. § 85-7-421, with a lis pendens recorded in the chancery clerk's office before the 180 days run. Failure to file the enforcement suit timely results in extinction of the lien by operation of law.
Mississippi Payment Bond Substitution Under § 85-7-415
Under Miss. Code Ann. § 85-7-415, an owner may post a payment bond with the chancery clerk in the amount of the contract price as security for sub-tier claims. When a compliant § 85-7-415 payment bond is in place and properly recorded, sub-tier claimants must pursue the surety on the bond rather than file a lien against the property — and the bond functions as a complete substitute for the lien against the immovable. Mississippi public works projects under Miss. Code Ann. § 31-5-51 require statutory payment bonds (a 'little Miller Act' framework distinct from § 85-7-415 private payment bonds).
Frequently Asked Questions
Who files a Mississippi Notice of Commencement and where?
The owner (or the GC as the owner's agent) records a written Notice of Commencement with the chancery clerk in the Mississippi county where the property is located, before construction begins. The Notice of Commencement identifies the owner, fee-simple titleholder (if different), GC, lender (if any), § 85-7-415 payment bond surety (if posted), contract price, legal description and street address, and commencement date under Miss. Code Ann. § 85-7-405.
When must a Mississippi subcontractor send the § 85-7-407 pre-lien notice?
Sub-tier claimants (subcontractors, materialmen, suppliers without a direct contract with the owner) must serve a written pre-lien notice on the owner of record within 30 days of first furnishing labor or materials — by certified mail or statutory equivalent. The pre-lien notice is a condition precedent to filing a § 85-7-413 Claim of Lien; missing the 30-day window forfeits sub-tier lien rights.
When must a Mississippi Claim of Lien be filed?
Within 90 days of the claimant's last furnishing of labor or materials, recorded with the chancery clerk in the county where the property is located under Miss. Code Ann. § 85-7-413. 'Last furnishing' is the date of last substantive contribution to the improvement — trivial post-completion work, warranty calls, punch-list returns, and equipment retrievals generally do not restart the clock.
What information must the Notice of Commencement contain?
Legal description of the property and street address, owner's name and address, fee-simple titleholder's name and address (if different from owner contracting for the work), GC's name and address (with Mississippi State Board of Contractors license number where applicable), lender's name and address (if any), § 85-7-415 payment bond surety information (if posted), contract price, and date work is to commence under § 85-7-405. Filed with the chancery clerk before construction begins.
How does the Notice of Commencement connect to the actual Claim of Lien?
The Notice of Commencement is a pre-claim recording — it does not by itself create or perfect a lien. The actual lien is the § 85-7-413 Claim of Lien, recorded with the chancery clerk within 90 days of last furnishing. Before recording the Claim of Lien, sub-tier claimants must have already served the § 85-7-407 pre-lien notice. After recording, suit to enforce the lien must be commenced in Mississippi Circuit Court or Chancery Court within § 85-7-421's 180-day window, with a lis pendens recorded in the chancery clerk's office before the 180-day window expires.
What is the Mississippi payment bond requirement under § 85-7-415?
An owner may post a § 85-7-415 payment bond with the chancery clerk in the amount of the contract price as security for sub-tier claims. When a compliant § 85-7-415 payment bond is in place and properly recorded, sub-tier claimants must pursue the surety on the bond rather than file a lien against the property — and the bond functions as a complete substitute for the lien against the immovable. Public projects under Miss. Code Ann. § 31-5-51 use a separate 'little Miller Act' framework.
Does Mississippi require a Notice to Owner separate from the Notice of Commencement?
Yes — two distinct notices. The Notice of Commencement under § 85-7-405 is filed by the owner (or owner's agent) with the chancery clerk before construction begins. The § 85-7-407 pre-lien notice (sometimes called 'Notice to Owner') is served by sub-tier claimants on the owner within 30 days of first furnishing labor or materials and is a condition precedent to filing a Claim of Lien.