Mississippi Construction Lien Waiver and Release (2026)

Conditional or unconditional lien waiver for a progress or final payment, using your state's statutory form and mandated warning language where the law prescribes one.

Updated September 2026≈ 4 minReviewed against Miss. Code § 85-7-433 · Miss. Code § 85-7-419 · Miss. Code §§ 85-7-401 to 85-7-433

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What you'll get

Sample first page of the Construction Lien Waiver and Release. Your answers fill in the blanks; the clauses required in Mississippi are added automatically.

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What this document covers

Conditional or unconditional, progress or final
Your state's statutory form where one is prescribed
The exact warning language the statute mandates
Claimant, customer and owner identification
Project name, job location, city and county
Job number and payment application number
Amount of the payment and the through date
Check maker, payee and payment reference
Retention, disputed claims and other exceptions
Notary acknowledgment where your state requires it

Mississippi rules that this document follows

Statutory waiver form	Required — Miss. Code § 85-7-433(1)-(2)Source: Miss. Code § 85-7-433(1)-(2)
Notarization	Required — the statutory form is sworn to and subscribed before a notary publicSource: Miss. Code § 85-7-433(1)-(2)
Advance waiver	Void — A right to claim a lien or to claim upon a bond may not be waived in advance of furnishing labor, services or materials; a purported advance waiver is null, void and unenforceable.Source: Miss. Code § 85-7-419(1)
Governing lien statute	Miss. Code §§ 85-7-401 to 85-7-433 (special liens on real estate)Source: Miss. Code §§ 85-7-401 to 85-7-433 (special liens on real estate)
Deemed paid after	60 days — Amounts are conclusively deemed paid in full on the earliest of actual receipt of funds, a separate written acknowledgment of payment in full, or 60 days after the waiver is executed unless the claimant first files an affidavit of nonpayment in the county where the property is located and sends a copy to the owner.Source: Miss. Code § 85-7-419(5)(b)

Rules current as of 2026-09-14. Statutes change; verify before relying on them.

How to use this Construction Lien Waiver and Release in Mississippi

In Mississippi the waiver form is set by statute (Miss. Code § 85-7-433(1)-(2)). Pick the variant that matches the payment — conditional or unconditional, progress or final — and this template prints that statutory form with the exact notice language the law requires. A waiver that departs from the prescribed form can be thrown out, which is why the wording here is reproduced rather than rewritten.

Fill in the amount exactly as it appears on the check or pay application. You give up lien rights only up to that amount, so a mismatch is money left on the table. Set the through date to the last day of work this payment covers, and list retention, disputed extras and anything else you are keeping alive in the exceptions section before you sign.

Do not sign a waiver before the work is furnished: A right to claim a lien or to claim upon a bond may not be waived in advance of furnishing labor, services or materials; a purported advance waiver is null, void and unenforceable. (Miss. Code § 85-7-419(1)) The Mississippi form is sworn before a notary, so bring photo ID and sign in front of the notary rather than in advance.

Track the paperwork. Send conditional waivers with every pay application, and only release an unconditional waiver once the funds have cleared your bank. In Mississippi you are conclusively deemed paid 60 days after the date on the waiver unless you first file an affidavit of nonpayment (Miss. Code § 85-7-419(5)(b)), so diary that deadline the day you sign.

Frequently asked questions

Does Mississippi have a required lien waiver form?

Yes. Mississippi prescribes a statutory waiver form (Miss. Code § 85-7-433(1)-(2)), and a waiver that does not substantially follow it can be unenforceable. This template reproduces that form and its mandated notice language.

What is the difference between a conditional and an unconditional lien waiver?

A conditional waiver only takes effect when the payment it names actually clears the bank, so it is safe to sign and hand over at the same time as your invoice. An unconditional waiver takes effect the moment you sign it and is enforceable against you even if you are never paid. Send conditional waivers with pay applications; sign unconditional ones only after the funds have settled.

Can I be asked to waive lien rights before I start work?

No. A right to claim a lien or to claim upon a bond may not be waived in advance of furnishing labor, services or materials; a purported advance waiver is null, void and unenforceable. (Miss. Code § 85-7-419(1)) A waiver signed before the labor, services or materials are furnished does not bind you.

Does a lien waiver have to be notarized in Mississippi?

Yes. The Mississippi statutory form is sworn to and subscribed before a notary public, so sign it in front of the notary — not before the appointment. This template prints the notarial certificate for you.

What happens to my retention and change orders?

A progress waiver should never release retention or pending change orders. List the retention amount and any disputed extras in the exceptions so they survive the waiver. Watch out for fully executed written change orders: in several states they are released automatically unless you list them as an exception.

What if I sign an unconditional waiver and the check bounces?

That is the whole risk of an unconditional waiver: in most states it is enforceable against you the moment you sign, whether or not the money arrives. Use a conditional waiver until the funds have actually settled in your account.

Other names

lien waiver
conditional lien waiver
unconditional lien waiver
waiver and release of lien
partial lien waiver
final lien waiver
mechanics lien waiver
construction lien release
progress payment lien waiver
contractor lien release

Other states

FormsByState provides self-help document templates and general information, not legal advice. We are not a law firm. For advice about your situation consult a licensed attorney in your state.