Mississippi Lien Waiver Forms — Generate in 60 Seconds
Generate Mississippi-compliant lien waivers that follow the mandatory statutory forms prescribed by Miss. Code Section 85-7-433. Mississippi uses two waiver types — interim (progress) and final payment — each with a built-in 60-day conditional protection period. Notarization is required. Free preview available.
Which Type Do You Need?
Mississippi uses 2 statutory forms, not the 4-form framework used by California and Texas. Both forms include a built-in conditional mechanism: after signing, you have 60 days to file an Affidavit of Nonpayment if the check doesn't clear. Every Mississippi waiver starts as conditional and becomes binding after 60 days unless you act.
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Sign Up FreeMississippi Lien Waiver Rules at a Glance
Mandatory statutory forms
Miss. Code 85-7-419 and 85-7-433 prescribe two forms: interim and final. Non-compliant waivers are unenforceable and invalid.
Notarization required
Mississippi lien waivers must be sworn to and signed before a notary public to be valid (Section 85-7-433).
60-day protection window
After signing, waivers become binding after 60 days unless you file an Affidavit of Nonpayment. This is your recourse if payment doesn't arrive.
Advance waivers void
Section 85-7-419 prohibits waiving lien rights before furnishing labor, services, or materials. Any such waiver is null, void, and unenforceable.
5% retainage cap (private, post-2024)
SB 2762 caps retainage at 5% for private non-residential contracts over $10,000 entered on/after July 1, 2024. Owner must release within 60 days of final completion.
90-day lien filing deadline
Claim of lien must be filed within 90 days of last furnishing labor, services, or materials (Section 85-7-405).
Mississippi Lien Waiver Legal Requirements
Mississippi is a mandatory statutory form state. Miss. Code Section 85-7-419 governs lien waiver requirements and Section 85-7-433 prescribes two forms: an interim waiver and release upon payment (subsection (1)) and a waiver and release upon final payment (subsection (2)). Both forms must be sworn to and signed before a notary public. Each form must include specific notice language warning that lien rights will be "conclusively deemed to have been waived" 60 days after signing unless an Affidavit of Nonpayment is filed. The failure to include this notice language on the face of the form renders it "unenforceable and invalid." Mississippi's entire construction lien framework was created by SB 2622 (effective April 11, 2014), which established Miss. Code 85-7-401 et seq. — modeled on Georgia's lien statute. Before 2014, Mississippi had no statutory lien rights for subs and suppliers, making this one of the newest construction lien frameworks in the country.
Recent Law Changes
- SB 2622 (effective April 11, 2014): created an entirely new construction lien statute at Miss. Code 85-7-401 et seq., modeled on Georgia's framework. Extended lien rights to subs and suppliers for the first time in Mississippi history. Established mandatory statutory waiver forms, 60-day affidavit mechanism, and pre-lien notice requirements.
- SB 2762 (effective July 1, 2024): capped private non-residential retainage at 5% for contracts over $10,000. Owner must release retainage within 60 days of final completion. 1% per month interest penalty for improperly withheld retainage.
Mississippi Conditional Progress Waiver
Statutory reference: Miss. Code 85-7-433(1)
What It Is
Waives lien and bond claim rights for work furnished through a specified date. Includes a built-in 60-day conditional window before the waiver becomes binding.
When to Use
When exchanging a waiver for a progress payment (any payment other than the final payment).
Key Legal Points
- Waiver becomes conclusively effective upon the earliest of: (1) actual receipt of payment, (2) signed written acknowledgment of payment, or (3) 60 days after signing unless an Affidavit of Nonpayment is filed.
- "WHEN YOU EXECUTE AND SUBMIT THIS DOCUMENT, YOU SHALL BE CONCLUSIVELY DEEMED TO HAVE BEEN PAID IN FULL THE AMOUNT STATED ABOVE, EVEN IF YOU HAVE NOT ACTUALLY RECEIVED THE PAYMENT, SIXTY (60) DAYS AFTER THE DATE STATED ABOVE UNLESS YOU FILE EITHER AN AFFIDAVIT OF NONPAYMENT OR A CLAIM OF LIEN BEFORE THE EXPIRATION OF THE SIXTY-DAY PERIOD."
- This notice language must appear on the face of the form or the waiver is unenforceable.
- Must be sworn to and signed before a notary public.
- Required fields: claimant name, owner name, property description, project name/address, payment amount, date through which work is covered.
Tips
- The 60-day window is your fallback, but don't rely on it passively. Calendar the deadline the day you sign.
- Unlike California and Texas, Mississippi does not have a separate "conditional" form. The conditional mechanism is built into both waiver types.
- Keep a copy of every notarized waiver with the date, so you can track your 60-day window.
- Unlike Georgia's 90-day window, Mississippi gives you only 60 days — a tighter timeline that requires more vigilant tracking.
Mississippi Conditional Final Waiver
Statutory reference: Miss. Code 85-7-433(2)
What It Is
Waives lien and bond claim rights for ALL labor, services, or materials furnished on the project. Same 60-day conditional window applies.
When to Use
When exchanging a waiver for the final payment on the project, including retainage.
Key Legal Points
- References "final payment" — covers all work on the entire project, not just through a specific date.
- Same three-trigger effectiveness rule: actual payment receipt, written acknowledgment, or 60 days without an affidavit.
- No retainage carve-out — the final waiver covers everything.
- Same mandatory notice language and notarization requirements as the interim form.
- Most consequential Mississippi waiver — releases all lien rights on the project.
Warning
This covers everything, including retainage. Confirm the final payment amount includes all retainage and change orders before signing. If payment doesn't arrive, file your Affidavit of Nonpayment before the 60-day window closes.
Tips
- Verify the final payment amount includes all outstanding retainage and change orders before signing.
- The 60-day clock starts on the date you sign, not the date you submit the waiver.
- If any disputed amounts remain, resolve them before signing the final waiver — Mississippi's form has no disputed extras carve-out.
Common Mississippi Lien Waiver Mistakes
- 1
Missing the 60-day Affidavit of Nonpayment deadline
After signing a waiver, you have exactly 60 days to file an Affidavit of Nonpayment if you haven't been paid. Miss this window and the waiver becomes binding — your lien rights are gone. Calendar it the day you sign.
- 2
Skipping notarization
Mississippi requires lien waivers to be sworn to and signed before a notary public. An un-notarized waiver is not valid. This is different from states like Texas, California, and Georgia where notarization isn't required for waivers.
- 3
Assuming Mississippi works like California or Texas
Mississippi has 2 waiver types with a built-in 60-day conditional mechanism, not the 4-form conditional/unconditional framework. There is no separate "unconditional" form — the waiver becomes unconditional by operation of law after 60 days.
- 4
Forgetting the Affidavit of Nonpayment also requires notarization
If you need to file an Affidavit of Nonpayment to preserve your lien rights, that document must also be notarized and filed with the county clerk. A copy must be sent to the property owner within 2 days by registered or certified mail.
- 5
Not sending notice within 30 days (sub-subs on commercial projects)
Sub-subcontractors on commercial projects who don't contract directly with the GC must notify the GC within 30 days of first furnishing labor or materials. Miss this notice and you forfeit all lien rights — no matter how valid your waiver paperwork is.
Mississippi Lien Waiver FAQ
Does Mississippi require statutory lien waiver forms?
Do lien waivers need to be notarized in Mississippi?
Does Mississippi have conditional and unconditional lien waivers?
What is the Affidavit of Nonpayment and when do I need to file it?
Can I waive lien rights before performing work in Mississippi?
How many types of lien waivers does Mississippi have?
What is the deadline to file a mechanics lien in Mississippi?
When was Mississippi's construction lien law enacted?
What are the notice requirements for subcontractors in Mississippi?
Does Mississippi have a retainage cap for construction projects?
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Lien Waiver Forms for Other States
* = mandatory statutory form language required