PRE-LIEN NOTICE / NOTICE TO OWNER

(Mississippi Construction Project – Miss. Code Ann. § 85-7-401 ​et seq.)

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Representations & Warranties
5. Covenants & Restrictions (Reserved)
6. Default & Remedies
7. Risk Allocation (Reserved)
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

1.1 Title. Pre-Lien Notice / Notice to Owner (the “Notice”).

1.2 Effective Date. [DATE] (the “Notice Date”).

1.3 Parties.
a. Claimant: [FULL LEGAL NAME], a [STATE OF FORMATION] [ENTITY TYPE], having its principal place of business at [ADDRESS] (“Claimant”).
b. Owner: [FULL LEGAL NAME(S) & ADDRESS(ES)] (“Owner”).
c. Prime Contractor: [FULL LEGAL NAME & ADDRESS] (“Contractor”). (Complete if Claimant is not the Prime Contractor.)

1.4 Project & Property Identification.
a. Project Name: “[PROJECT TITLE]”.
b. Property: The real property located at [STREET ADDRESS, CITY/COUNTY, MS ZIP], more particularly described as:
“[LEGAL DESCRIPTION or DEED BOOK/PAGE].”

1.5 Governing Statute. Mississippi Construction Lien Law, Miss. Code Ann. § 85-7-401 et seq. (the “Statute”).

2. DEFINITIONS

“Amount Due” – The unpaid contract balance of $[AMOUNT] for labor, services, equipment, and/or materials furnished.
“Improvement” – The construction, alteration, repair, or demolition work at the Property.
“Last Furnishing Date” – [DATE], the last date on which Claimant provided labor, services, equipment, or materials for the Improvement.
“Service Methods” – Personal delivery, or mailing by certified or registered U.S. mail, return-receipt requested, or any third-party courier providing written confirmation of delivery, as permitted by the Statute.

[// GUIDANCE: Add any additional project-specific defined terms you need. Maintain alphabetical order.]

3. OPERATIVE PROVISIONS

3.1 Statutory Notice of Lien Rights.
Pursuant to the Statute, Claimant hereby notifies Owner (and Contractor, if applicable) that:

1. Claimant has furnished labor, services, equipment, and/or materials for the Improvement at the Property.
2. As of the Notice Date, the Amount Due remains unpaid.
3. If all sums owing are not paid within ten (10) days of receipt of this Notice, Claimant intends to file a Claim of Lien against the Property in accordance with the Statute.

3.2 Description of Labor/Materials.
[DETAILED DESCRIPTION OF WORK OR MATERIALS – e.g., “Structural steel fabrication and installation,” “Concrete forming and placement,” etc.]

3.3 Cure Deadline.
Owner and/or Contractor shall remit the Amount Due to Claimant no later than [DATE] (the “Cure Deadline”), which date is at least ten (10) days after acknowledged delivery of this Notice.

3.4 Proof & Method of Service.
Simultaneously with delivery, Claimant shall complete Exhibit A (Affidavit of Service) evidencing compliance with the Service Methods.

4. REPRESENTATIONS & WARRANTIES

4.1 Accuracy. Claimant represents that the information contained in this Notice is true and correct to the best of Claimant’s knowledge and belief.

4.2 Authority. The individual executing this Notice on behalf of Claimant is duly authorized to do so.

4.3 Survival. The representations in this Section survive delivery of the Notice and any subsequent lien filing.

5. COVENANTS & RESTRICTIONS (Reserved)

[// GUIDANCE: Typically not required for a statutory notice, but section included to preserve numbering integrity.]

6. DEFAULT & REMEDIES

6.1 Events of Default. Failure to pay the Amount Due in full by the Cure Deadline.

6.2 Remedies. Upon default, Claimant may exercise any and all rights available under the Statute, including but not limited to:
a. Recording a Claim of Lien with the office of the Chancery Clerk in the county where the Property is situated;
b. Initiating foreclosure proceedings to enforce said lien;
c. Recovering interest, court costs, and reasonable attorneys’ fees as allowed by law.

7. RISK ALLOCATION (Reserved)

8. DISPUTE RESOLUTION

8.1 Governing Law. This Notice and any subsequent proceedings shall be governed by Mississippi law, without regard to conflict-of-laws principles.

8.2 Forum Selection. Exclusive venue for any action to enforce or contest a lien arising from this Notice shall be a court of competent jurisdiction located in the county where the Property is situated.

8.3 Injunctive Relief. Nothing herein limits Claimant’s right to seek interim or permanent injunctive relief to preserve or enforce its lien rights.

9. GENERAL PROVISIONS

9.1 Amendment. Any amendment to this Notice must be in writing and served in the same manner as the original Notice.

9.2 Severability. If any provision of this Notice is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

9.3 Integration. This Notice constitutes the entire statutory notice required under the Statute relating to the Amount Due and supersedes any prior oral or written communications on that subject.

10. EXECUTION BLOCK

State of __
County of ___

On this ___ day of _, 20, before me, the undersigned Notary Public, personally appeared ________, proved to me on the basis of satisfactory evidence to be the individual who executed the foregoing instrument on behalf of Claimant and acknowledged to me that he/she executed the same for the purposes therein contained.

Seal: _____
Notary Public
My Commission Expires: _____

EXHIBIT A – AFFIDAVIT OF SERVICE

I, ___, declare under penalty of perjury that on the ___ day of _, 20___, I served the foregoing Pre-Lien Notice / Notice to Owner upon the following parties by the Service Method indicated below:

Executed on __, 20_, at _____.
Signature: _________

[// GUIDANCE:
1. TIMING – Mississippi generally requires:
• Prime Contractors: “Notice of Lien Rights” must be served on Owner within ten (10) days after the earlier of (a) contract execution or (b) first furnishing labor or materials.
• All Claimants: A “10-Day Notice of Intent to Lien” (this template) must be served at least ten (10) days before recording a Claim of Lien and in all cases prior to the statutory deadline for filing the lien (currently 180 days after Last Furnishing Date).
2. CONTENT – Verify that all required elements (names, addresses, property description, amount due, description of work, last furnishing date, statutory warning language) are completed before service.
3. SERVICE – Use a Service Method that yields written, third-party confirmation of delivery (e.g., certified mail RRR, overnight courier with signature). Retain all receipts.
4. RECORD RETENTION – Keep the executed Notice, Affidavit of Service, and delivery receipts with the Project file. They will be essential evidence if the lien is later contested.
// END GUIDANCE]