November 4, 2013
"On October 10, 2013, the United States Court of Appeals for the Fifth Circuit in Noatex Corp. v. King Constr. of Houston, LLC, 2013 U.S. App. LEXIS 20656 (5th Cir., Oct. 10, 2013) held that Mississippi’s Stop Payment Notice statute, Miss. Code Ann. §85-7-181, is an unconstitutional violation of procedural due process. Accordingly, since only those who have a direct contractual relationship with the owner, his agent, or his representative are afforded the protection of a lien, subcontractors and suppliers to general contractors currently do not have any type of lien or payment protection rights."
David Mockbee, Contributing Author
Mockbee Hall & Drake, P.A.
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