Mississippi Code 1972 (2024)
Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5)
Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527)
Article 21 - SPECIAL LIENS ON REAL ESTATE OR OTHER PROPERTY (§§ 85-7-401 — 85-7-433)
Section 85-7-401 - Definitions

The following words and phrases shall have the meanings ascribed herein unless the context clearly indicates otherwise:

• (a) "Business day" means any day that is not a Saturday, Sunday, or legal holiday.

• (b) "Contractor" means a contractor having privity of contract with the owner or lessee of the real estate.

• (c) "Lien action" means a civil action against the owner of improved property to perfect and make permanent the lien created by Section 85-7-403.

• (d) "Payment action" means a lawsuit, proof of claim in a bankruptcy case, or a binding arbitration.

• (e) "Professional surveyor" has the meaning given in Section 73-13-71.

• (f) "Materials" means materials, tools, appliances, machinery, or equipment used in making improvements to the real estate.

• (g) "Materialmen" or "materialman" means all persons furnishing the materials, tools, appliances, machinery, or equipment included in the definition of materials to a contractor or to a subcontractor in privity with the contractor.

• (h) "Professional engineer" has the meaning given in Section 73-13-3.

• (i) "Residential property" means single-family and two-family, three-family, and four-family residential real estate.

• (j) "Statutory overnight delivery" means delivery of a document through the United States Postal Service or through a commercial firm that is regularly engaged in the business of document delivery or document and package delivery in which the sender:
  • (i) Has directed that delivery be not later than the next business day following the day on which the document is received for delivery by the United States Postal Service or the commercial firm; and
  • (ii) Receives a receipt acknowledging receipt of the document signed by addressee or an agent of the addressee.

• (k) "Subcontractor" means subcontractors having privity of contract with the contractor; "subcontractor" also means subcontractors having privity of contract with a subcontractor having privity of contract with the contractor.

• (l) "Registered architect" has the meaning given in Section 73-1-3.

• (m) "Design professional" includes professional surveyors, professional engineers and registered architects.

Added by Laws, 2014, ch. 487, SB 2622, 1, eff. 4/11/2014.