Mississippi Lien Waiver Requirements: What General Contractors Need to Know

Is Mississippi a Statutory Lien Waiver State?

Yes. Mississippi is a statutory lien waiver state under Mississippi Code Section 85-7-433. Mississippi law provides specific waiver forms and requires strict compliance with the statutory language for a waiver to be legally valid and enforceable. For context on how Mississippi compares to other statutory states, see our guides for Texas, Florida, and Georgia.

Mississippi's Notarization Requirement

Mississippi requires that lien waivers be sworn to and signed before a notary public in order to be effective. A lien waiver that is not notarized is not legally valid in Mississippi regardless of whether the correct statutory form was used. Plan your waiver collection process to include notarization at every signing — this is not optional and cannot be added after the fact.

The Mississippi Statutory Waiver Forms

Mississippi provides specific statutory forms for both interim and final waivers. For a full explanation of how these types differ, see our guide on conditional vs unconditional lien waivers.

The Interim Waiver and Release Upon Payment is Mississippi's progress payment waiver covering a specific payment made during the course of the project. It must be notarized to be effective.

The Waiver and Release Upon Final Payment covers the final payment and releases all remaining lien rights. This is Mississippi's equivalent of a conditional final waiver and must also be notarized to be effective.

Mississippi's 60-Day Conditional Period

Even after a waiver is signed and notarized, the waiver is not fully unconditional for 60 days. During this period the signing party can file an Affidavit of Nonpayment to preserve their lien rights if payment was not actually received. After 60 days without an Affidavit of Nonpayment the waiver becomes fully unconditional and lien rights are permanently waived.

GCs in Mississippi need to track not just whether waivers are signed and notarized, but whether any Affidavits of Nonpayment have been filed within 60 days of each signed waiver. This is a unique Mississippi requirement that demands an active monitoring process beyond simple waiver collection. A complete project closeout process in Mississippi must account for this window.

Mississippi Lien Filing Deadlines

A subcontractor or supplier must file a lien within 12 months of the date the debt was due. Mississippi has one of the longer lien filing windows among statutory states. The extended deadline should not discourage prompt waiver collection — collecting waivers at every payment eliminates the factual basis for a lien claim regardless of the deadline.

Common Mississippi Lien Waiver Mistakes

Failing to notarize waivers is the most critical mistake on Mississippi projects. An unnotarized waiver is void regardless of the form used. Using non-statutory forms is a serious error. Ignoring the 60-day Affidavit of Nonpayment window is a mistake — a signed waiver does not become unconditional until 60 days pass without an Affidavit filing. Failing to track this window on every signed waiver leaves you exposed even after collection.

How to Stay Compliant on Mississippi Projects

Use only Mississippi's statutory waiver forms. Ensure every waiver is notarized at the time of signing. Track the 60-day window after each signed waiver to confirm no Affidavit of Nonpayment is filed. Collect waivers before releasing payment at every milestone. GCs who build notarization and the 60-day tracking window into their standard process are protected. Those who treat Mississippi like a non-notarization state will find their waivers unenforceable when they need them most.