What does Mississippi’s prompt payment law require on private construction?
In Mississippi, an owner pays progress payments when due under the contract and owes 1% a month interest from the due date if a payment is more than 30 calendar days late, and a contractor pays its subcontractors and suppliers within 15 days of being paid or owes a penalty of one-half of one percent a day, capped at 15%, though the subcontractor rule does not apply to single-family homes. Both rules apply to all construction contracts except public construction contracts. Final payment is due at completion or substantial completion, when the owner begins beneficial use or occupancy (except a renovation the owner occupies throughout), or when the architect or engineer certifies completion, whichever comes first, and bears 1% a month interest from that date if not paid in full within 30 calendar days; final payment may not be made until the contractor’s surety consents in writing. A contractor that receives less than full payment must pay its subcontractors and suppliers pro rata. A written contract can set its own payment terms where the statute allows. This is Miss. Code §§ 87-7-3, 87-7-5.
| What | Mississippi |
|---|---|
| Payment deadline | Sub paid within 15 days; owner 1% a month after 30 days |
| Who this covers | Private construction, not only public works |
What the statute says
“If they are not paid within thirty (30) calendar days from the day they were due and payable, then they shall bear interest from the due date at the rate of one percent (1%) per month until fully paid.”
Quoted word for word from the section’s text.
Source
Read the statute in the Mississippi Code (Mississippi Legislature): legislature.ms.gov.
The linked sections open Justia’s free copy of the code, because the state’s own site has no stable address for each section.
Checked against the statute on November 15, 2026.
This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.
How Seayora uses this rule
A contractor on Seayora keeps every job’s dates, its estimate, its invoices and its payments in one record, so the date work was last performed, the date each invoice went out and the amount still owed are on file when a lien or payment deadline is counted.
Guides on this rule
- Prompt Payment Laws by State for Private Construction — How many days an owner has to pay a contractor on private construction, in each of the 36 jurisdictions with a prompt payment statute.
Compare this rule in every state
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The same question in other states
- Alabama
- Arizona
- California
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Illinois
- Kansas
- Kentucky