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Mississippi law

Construction Defect Laws in Mississippi.

Mississippi construction defect claims are governed by the general 3-year statute of limitations for property and personal-injury actions plus a 6-year statute of repose from substantial completion. Mississippi has adopted the Residential Builders Act requiring licensing for residential contractors over $50,000 and providing consumer remedies. Mississippi law permits mechanics' and materialmen's liens against improved property. The Mississippi Right-to-Cure statute requires pre-suit notice and opportunity to repair for certain residential construction defect claims.

Last verified: 2026-04-17

State law

Statute of Limitations

3 years (general); 6-year statute of reposeMiss. Code Ann. §§ 15-1-49, 15-1-41

General 3-year statute applies to construction defect claims. Statute of repose bars any action against a designer, builder, or contractor more than 6 years after substantial completion or occupancy.

State law

Key Mississippi Statutes

Residential Builders ActMiss. Code Ann. § 73-59-1 et seq.

Residential contractors performing work over $50,000 must be licensed through the Mississippi State Board of Contractors. Unlicensed contractors cannot enforce contracts and may face criminal penalties.

Right-to-Cure / Notice and Opportunity to RepairMiss. Code Ann. § 83-58-1 et seq.

A residential homeowner must provide written notice of defects to the contractor at least 90 days before filing suit. The contractor has the right to inspect and offer to repair or pay the owner.

Mechanics' and Materialmen's LiensMiss. Code Ann. § 85-7-401 et seq.

Contractors, subcontractors, laborers, and material suppliers may file liens against improved real property. Claims must be perfected by filing within 90 days after last furnishing and notice to owner.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Mississippi.

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