GC Laws — Mississippi contractor-law checklist preview (free)
Sources reviewed 2026-09-30. Public summaries remain free on gclaws.com.

[ ] Licensing
      - Section 31-3-1 includes prime contractors and subcontractors at every tier and sets the under-$50,000 exemption, alongside explicit project/industry exclusions; fire-protection systems have separate public/private thresholds.
      - The Board’s current residential guidance requires licensing for new residential construction over $50,000 and residential remodeling, additions or roofing over $10,000.

[ ] Mechanic's liens
      - Section 85-7-403 grants the listed contractor, subcontractor, supplier and design-professional liens, but preserves the “licensed as required” condition. It is not an unconditional requirement that exempt work be licensed.
      - Record the claim with the chancery clerk within 90 days after the claimant’s last work/services/materials; include the statutory expiration and contest warnings. Within two business days after filing, send the prescribed copy by registered or certified mail or statutory overnight delivery to the owner (or the statutory substitute); a claimant other than the contractor must also send the contractor or its registered agent a copy within that period.
      - A claimant lacking the specified contractor/owner privity gives first-furnishing notice within 30 days under section 407, except single-family construction. For single-family construction, an indirect claimant gives the owner the statutory pre-lien notice at least ten days before filing.
      - Commence the payment action within 180 days after lien filing. A recorded contest can shorten that to 90 days after contest filing, without extending the original 180-day period; comply with the associated filing/service requirements.

[ ] Retainage
      - Public retainage is 5% and the prime’s downstream percentage cannot exceed the owner’s. On prime contracts of at least $250,000 and subcontracts regardless of amount, release half of accumulated retainage at 50% completion when work is on schedule and satisfactory to the architect/engineer; later retainage is 2.5%.
      - Covered private retainage is capped at 5% of properly done work and qualifying stored materials. Excess retention incurs 1% monthly interest. Owner retainage releases within 60 days after final completion if necessary occupancy certificates have issued.
      - The private rule preserves contractual withholding for unearned or improperly performed work and the specified payment conditions. Its rights cannot be waived; final completion includes contractual punch-list and closeout duties.

[ ] Prompt payment
      - Progress payments are payable when the contract makes them due. If unpaid for 30 calendar days thereafter, they carry 1% monthly interest from the contractual due date.
      - Final payment is tied to the earliest specified completion/substantial-completion, beneficial-use or architect/engineer-certification event, with the ongoing-occupancy renovation exception and written surety consent requirement. After 30 days unpaid, 1% monthly interest runs from the triggering date.
      - On receipt, the contractor distributes the payment proportionately to subs/suppliers; reduced receipts are distributed pro rata. Without reasonable cause, delay beyond 15 days triggers 0.5% daily penalty capped at 15%; section 87-7-5 does not apply to single-family construction.

[ ] Prevailing wage
      - MDEQ’s current payment-request instructions require the executed request and cumulative invoices; projects under construction must also include the necessary executed Davis-Bacon certification.
      - MDEQ receives, reviews and approves requests made by the loan recipient for eligible work under the loan agreement and approved contracts; its instructions identify the governing state regulation as 11 Miss. Admin. Code Pt.6, R.7.3.H.

[ ] Davis-Bacon (federal)
      - Under 40 U.S.C. section 3142, covered contracts require payment to laborers and mechanics employed directly on the site of the work at least weekly, at rates no lower than the applicable prevailing wage determination. The required compensation includes the basic hourly rate and required fringe benefits, which may be provided through qualifying benefits or cash as the statute permits.
      - Qualifying apprentices may receive a lower registered-program rate only when the applicable registration and program conditions are met. The Department of Labor’s apprenticeship rules govern those exceptions.
      - The Department of Labor determines the prevailing rates for the work classifications and locality. Contractors and subcontractors must use the wage determination applicable to their covered contract.
      - Federal assistance alone does not establish coverage: many, but not all, construction-assistance statutes include Davis-Bacon requirements. Identify the funding program and its governing Related Act.
      - SAM.gov publishes Davis-Bacon wage determinations. Search by the wage-determination number or the Davis-Bacon public-buildings-or-works category, and match the decision to the contract, locality, and work classification.

This preview lists the topics and rules covered in the full state pack. The paid pack adds the complete source URLs, citations, review dates, and the three editable tools.
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