2010 Mississippi Code
TITLE 85 - DEBTOR-CREDITOR RELATIONSHIP
Chapter 7 - Liens.
85-7-189 - Bond; suit on; commencement.

§ 85-7-189. Bond; suit on; commencement.
 

(1)  Suit on a performance claim by an obligee on a bond given in accordance with this chapter shall be commenced as follows: 

(a) If the obligee is the owner of the project being constructed, such obligee shall bring suit within one (1) year after the earlier of final completion or actual use or occupancy of the project for its intended purpose; or 

(b) If the obligee is other than an owner of the project being constructed, such obligee shall bring suit within one (1) year after such obligee receives final payment with respect to the project. 

(2)  When suit is instituted on a claim for payment on a payment bond given in accordance with this chapter, it shall be commenced within one (1) year after the day on which the last of the labor was performed or material was supplied by the person bringing the action and not later. 

(3)  Any suit on a bond given in accordance with this chapter shall be brought in the county in which the contract or some part thereof was performed or in the county in which service of process may be obtained upon either the principal or the surety on such bond. 
 

Sources: Codes, Hemingway's 1921 Supp. § 2434d; 1930, § 2278; 1942, § 376; Laws,  1918, ch. 128; Laws,  1994, ch. 626, § 5; Laws, 2005, ch. 461, § 2, eff from and after July 1, 2005.