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MS HB1374

Bill

Status

Failed

2/5/2019

Primary Sponsor

Tom Weathersby

Click for details

Origin

House of Representatives

2019 Regular Session

AI Summary

House Bill 1374 Summary

  • Restricts mechanic's liens to only those in direct privity of contract with the property owner, preventing subcontractors without direct contracts from placing liens on the owner's property.

  • Eliminates subcontractor lien rights against property owners who have paid their contractors in full, shifting liability to the contractor who failed to pay the subcontractor.

  • Requires non-privity subcontractors to provide written notice to the contractor or owner within 30 days of first delivering labor, services, or materials, or forfeit lien rights.

  • Establishes that contractors who receive payment must pay subcontractors and material suppliers on a pro rata basis within 15 days or face daily penalties up to 15% of the outstanding balance.

  • Takes effect July 1, 2019, and brings several related lien statutes forward for potential future amendment.

Legislative Description

MS Construction Lien Law; no subcontractor lien on property of owner who meets all financial obligations to contractor if contractor fails to pay subcontractor.

Last Action

Died In Committee

2/5/2019

Committee Referrals

Judiciary A1/21/2019

Full Bill Text

No bill text available