A lien waiver releases a contractor's lien and bond-claim rights in exchange for payment — and in Mississippi, the release can outrun the payment. Under Miss. Code § 85-7-419, a signed waiver is binding subject only to payment in full of the stated amount — and the amount is conclusively deemed paid 60 days after execution unless, before the 60 days run, the claimant files an affidavit of nonpayment in the county where the property sits and sends a copy to the owner. Miss the deadline while unpaid, and the waiver becomes final anyway.
Sixty days, not ninety. Georgia lengthened its fuse to 90 days in 2021; Mississippi kept 60 — the shortest conclusive-waiver period in the country. If you sign a Mississippi waiver and the check hasn't arrived by around day 45, preparing the affidavit of nonpayment is no longer optional caution; it is the only thing keeping your lien rights alive.
The statutory forms
| Form | When it applies | What it does |
|---|---|---|
| Interim waiver and release upon payment | Progress payments during the job. | Waives lien and bond claim rights to the stated amount, subject to the 60-day payment mechanism. |
| Waiver and release upon final payment | Final payment at the end of the job. | Waives remaining lien and bond claim rights, subject to the same mechanism. |
| Affidavit of nonpayment | Filed within 60 days of signing a waiver you weren't paid on. | Prevents the conclusive paid-in-full presumption and preserves the lien or bond claim. |
All three forms are set out in § 85-7-433. As in Georgia, there are no separate conditional and unconditional variants — every waiver starts out conditional in substance and hardens into an unconditional one by the passage of time.
Download Mississippi lien waivers
Mississippi does not publish standalone form downloads, and the state does not freely host its code — the forms appear in full in § 85-7-433 as republished by Justia, a private legal publisher. The buttons below open that page; copy the form you need from the statutory text. PayApplicationGenerator.com is not associated with Justia and takes no responsibility for the forms or their contents — verify each form against the current statute before relying on it.
Working in another state? Every state's lien waiver forms, in one place.
Advance waivers are void
A right to claim a lien or a bond claim cannot be waived before the labor, services, or materials are furnished — any purported advance waiver is null, void, and unenforceable. The waiver machinery operates payment by payment, after the work exists.
Where Mississippi waivers go wrong
- Treating the waiver as conditional forever. It is conditional for exactly 60 days; after that, unpaid or not, it is conclusive.
- Filing the affidavit but not serving it. The statute requires both filing in the county and sending a true copy to the owner.
- Signing waivers ahead of billing. Match each waiver's amount to the pay application it accompanies, so the 60-day clock only ever runs against money actually in process.
- Assuming Georgia's 90 days applies. If you work both states, calendar them differently.
This page summarizes § 85-7-419 and § 85-7-433 as codified and is educational, not legal advice. Deadlines are unforgiving and the consequences of missing one are permanent. For a specific project, read the current statute or consult a Mississippi construction attorney.
Frequently asked questions
- How long do I have to file an affidavit of nonpayment in Mississippi?
- Sixty days from the date the waiver was executed. Before that period expires you must file the affidavit in the county where the property is located and send a true and accurate copy to the owner — otherwise the waived amount is conclusively deemed paid in full.
- Are Mississippi lien waivers conditional or unconditional?
- Both, in sequence. A waiver is binding subject to payment in full — effectively conditional — but becomes conclusively effective 60 days after signing unless an affidavit of nonpayment is filed. Time, not payment, converts it.
- Are advance lien waivers enforceable in Mississippi?
- No. Any waiver or release executed before the labor, services, or materials are furnished is null, void, and unenforceable under § 85-7-419.
- Where do I find the official Mississippi waiver forms?
- In the statute itself — § 85-7-433 sets out the interim waiver, the final-payment waiver, and the affidavit of nonpayment. Mississippi does not publish standalone downloadable versions; copy the forms from the statutory text.
