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2019 Mississippi Code
Title 85 - Debtor-Creditor Relationship
Chapter 7 - Liens
Article 21 - Special Liens on Real Estate or Other Property.
§ 85-7-403. Special lien on real estate or other property for labor, services or materials furnished

Universal Citation: MS Code § 85-7-403 (2019)
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  • (1) The following persons shall each have a special lien on the real estate or other property for which they furnish labor, services or materials:

    • (a) All contractors, all subcontractors and all materialmen furnishing material for the improvement of real estate;

    • (b) All registered architects or professional engineers furnishing plans, drawings, designs, or other architectural or engineering services on or with respect to any real estate;

    • (c) All registered land surveyors performing or furnishing services on or with respect to any real estate.

  • (2) Each special lien specified in subsection (1) of this section may attach to the real estate of the owner for which the labor, services or materials are furnished if they are furnished at the instance of the owner, design professional or contractor or a subcontractor having direct privity of contract with a contractor, and shall include the value of work done and labor, services or materials furnished.

  • (3) Each special lien specified in subsection (1) of this section shall be limited to the amount due and owing the lien claimant under the terms of its express or oral contract, subcontract or purchase order subject to Section 85-7-405(4).

  • (4) Each special lien specified in subsection (1) of this section shall include interest on the principal amount due in accordance with Section 75-17-1, 75-17-7 or 75-17-19 as applicable by law.

  • (5) Notwithstanding any other provision of this article, no lien shall exist in favor of any contractor or subcontractor who is not licensed as required by either Section 31-3-1 et seq., or Section 73-59-1 et seq., or who contracts with any contractor or subcontractor who is not licensed as required. Upon request, any contractor or subcontractor is required to provide any owner, contractor, subcontractor or materialman a copy of that person’s current license.

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