reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 1 - GENERAL PROVISIONS RELATIVE TO PUBLIC CONTRACTS (§§ 31-1-1 — 31-1-27) › Section 31-1-25 - Printing, binding, and stationery

(1)
The purchase of all printing, binding and stationery is hereby defined as a commodity purchase, subject to the provisions of Sections
31-7-1
through
31-7-19
, Mississippi Code of 1972.
(2)
In the event the provisions of this section conflict with the provisions of any laws or parts of laws, the provisions of this section shall control.
Codes, 1942, § 9013.5; Laws, 1954, Ex Sess, ch. 29, § 2; Laws, 1968, ch. 506, § 20; Laws, 1973, ch. 368, §§ 1, 2, eff. 3/23/1973.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 1 - GENERAL PROVISIONS RELATIVE TO PUBLIC CONTRACTS (§§ 31-1-1 — 31-1-27) › Section 31-1-27 - Certain appraisal records exempt from requirement of public access

Appraisal information in the possession of a public body, as defined by paragraph (a) of Section
25-61-3
, which concern the sale or purchase of real or personal property for public purposes prior to public announcement of the purchase or sale, where the release of such records would have a detrimental effect on such sale or purchase, shall be exempt from the provisions of the Mississippi Public Records Act of 1983.
Laws, 1983, ch. 424, § 15, eff. 7/1/1983.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 3 - STATE BOARD OF PUBLIC CONTRACTORS (§§ 31-3-1 — 31-3-25) › Section 31-3-2 - Declaration of purpose

The purpose of this chapter, is to protect the health, safety and general welfare of all persons dealing with those who are engaged in the vocation of contracting and to afford such persons an effective and practical protection against incompetent, inexperienced, unlawful and fraudulent acts of contractors.
Laws, 1985, ch. 505, § 6; reenacted, Laws, 1988, ch. 527, § 2, eff. 7/1/1988.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 3 - STATE BOARD OF PUBLIC CONTRACTORS (§§ 31-3-1 — 31-3-25) › Section 31-3-3 - Composition of board; removal; filling of vacancies

There is hereby created the State Board of Contractors of the State of Mississippi, which shall consist of ten (10) members who shall be appointed by the Governor. All appointments to the board shall be made with the advice and consent of the Senate. Two (2) road contractors; two (2) building contractors; two (2) residential builders as defined in Section
73-59-1
; one (1) plumbing or heating and air-conditioning contractor; one (1) electrical contractor; and one (1) water and sewer contractor shall compose the board. The Governor shall appoint one (1) additional member who shall be a roofing contractor and whose term of office shall be five (5) years. Each member shall be an actual resident of the State of Mississippi and must have been actually engaged in the contracting business for a period of not less than ten (10) years before appointment. The initial terms of the two (2) residential builders shall be for two (2) and four (4) years, respectively.
Upon the expiration of the term of office of any member of the board, the Governor shall appoint a new member for a term of five (5) years, such new appointments being made so as to maintain on the board two (2) building contractors; two (2) road contractors; two (2) residential builders; one (1) plumbing or heating and air-conditioning contractor; one (1) electrical contractor; and one (1) water and sewer contractor; and one (1) roofing contractor. The Governor shall fill any vacancy by appointment, such appointee to serve the balance of the term of the original appointee. The Governor may remove any member of the board for misconduct, incompetency or willful neglect of duty.
In the event the Governor fails to appoint a member of the board within twelve (12) months of the occurrence of the vacancy, such vacancy shall be filled by majority vote of the board, subject to advice and consent of the Senate and the requirements of this section.
Codes, 1942, § 8968-02; Laws, 1958, ch. 473, § 2; Laws, 1960, ch. 393, § 2; Laws, 1978, ch. 524, § 1; Laws, 1980, ch. 498, § 2; Laws, 1985, ch. 505, § 8; reenacted, Laws, 1988, ch. 527, § 3; Laws, 1992, ch. 382, § 1; Laws, 1993, ch. 534, § 11; reenacted, Laws, 1995, ch. 431, § 11; reenacted without change, Laws, 2000, ch. 345, § 11; reenacted without change, Laws, 2005, ch. 375, § 11; reenacted without change, Laws, 2009, ch. 556, § 11, eff. 7/1/2009; reenacted without change, Laws, 2011, ch. 433, § 11, eff. 7/1/2011.
Reenacted and amended by Laws, 2015, ch. 410, SB 2508, 2, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 3 - STATE BOARD OF PUBLIC CONTRACTORS (§§ 31-3-1 — 31-3-25) › Section 31-3-5 - Organization and administration

The board shall be assigned suitable office space at the seat of government and shall elect one (1) of its members as chairman and one (1) as vice chairman; and each shall perform the usual duties of such offices. The board may adopt a seal. Six (6) members of the board shall constitute a quorum, and a majority vote of those present and voting at any meeting shall be necessary for the transaction of any business coming before the board. Members must be present to cast votes on any and all business. The executive director shall serve as secretary of the board. The board is authorized to employ such personnel as shall be necessary in the performance of its duties including sufficient administrative and clerical staff to process and review applications for certificates of responsibility, to prepare and administer tests therefor, to investigate applications for certificates of responsibility and to inspect work performed by contractors as may be necessary to enforce and carry out the purpose of this chapter.
Codes, 1942, § 8968-03; Laws, 1958, ch. 473, § 3; Laws, 1980, ch. 498, § 3; Laws, 1985, ch. 505, § 9; reenacted, Laws, 1988, ch. 527, § 4; Laws, 1992, ch. 382, § 2; Laws, 1993, ch. 534, § 12; reenacted without change, Laws, 2000, ch. 345, § 12; reenacted without change, Laws, 2005, ch. 375, § 12; reenacted and amended, Laws, 2009, ch. 556, § 12, eff. 7/1/2009; reenacted without change, Laws, 2011, ch. 433, § 12, eff. 7/1/2011.
Reenacted without change by Laws, 2015, ch. 410, SB 2508, 3, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 3 - STATE BOARD OF PUBLIC CONTRACTORS (§§ 31-3-1 — 31-3-25) › Section 31-3-7 - Meetings

The board shall have four (4) regular meetings in each year, one (1) on the second Wednesday in January, one (1) on the second Wednesday in April, one (1) on the second Wednesday in July, and one (1) on the second Wednesday in October, at its offices at the seat of government or through the means of teleconference or video conferencing in accordance with Section
25-41-5
. If the regular meeting day falls on a legal holiday, the board shall meet on the next day. The board may hold such special meetings as it finds necessary. However, before any special meeting is held, a notice stating the time, place and primary purpose of such meeting shall be sent by certified or registered mail from the chairman or vice chairman of the board to the other members of the board at least five (5) days before such meeting. Certificates of responsibility shall be issued at any time during the course of a calendar year as prescribed by the rules and regulations of the board. All meetings shall be held in the State of Mississippi. At any regular or special meeting the board may recess from time to time to reconvene on a day and time fixed by an order of the board entered upon its minutes.
The holder of a valid certificate of responsibility shall disclose to the owner or other person with whom the holder is contracting at the signing of a contract or the initial agreement to perform work whether the holder carries general liability insurance. The disclosure shall be written, the structure and composition of which shall be determined by the State Board of Contractors, and shall be placed immediately before the space reserved in the contract for the signature of the purchaser. The disclosure shall be boldfaced and conspicuous type which is larger than the type of the remaining text of the contract.
Codes, 1942, § 8968-04; Laws, 1958, ch. 473, § 4; Laws, 1960, ch. 393, § 3; Laws, 1980, ch. 498, § 4; reenacted, Laws, 1988, ch. 527, § 5; Laws, 1991, ch. 363 § 1; Laws, 2010, ch. 525, § 1, eff. 7/1/2010.
Brought forward by Laws, 2015, ch. 410, SB 2508, 4, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 3 - STATE BOARD OF PUBLIC CONTRACTORS (§§ 31-3-1 — 31-3-25) › Section 31-3-9 - Compensation of members

The members of the board shall be entitled to receive a per diem as provided in Section
25-3-69
, Mississippi Code of 1972, when actually engaged in the business of the board, together with their actual and necessary traveling and subsistence expenses incurred on behalf of board business, upon itemized statements of same as provided by general law in the case of other state employees. Such statements shall be paid only after the same have been approved by order on the minutes of the board.
Codes, 1942, § 8968-05; Laws, 1958, ch. 473, § 5; Laws, 1980, ch. 498, § 5; reenacted and amended, Laws, 1988, ch. 527, § 6, eff. 7/1/1988.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 3 - STATE BOARD OF PUBLIC CONTRACTORS (§§ 31-3-1 — 31-3-25) › Section 31-3-11 - Executive director

The board shall elect and fix the salary of an executive director, and the board may terminate the employment of such executive director at any time the board deems the same advisable. The board shall require the executive director to file bond in such amount as the board may deem necessary, and shall specify the duties of such employee. The premium on any such bond shall be paid from the funds provided by this chapter.
Codes, 1942, § 8968-06; Laws, 1958, ch. 473, § 6; Laws, 1980, ch. 498, § 6; Reenacted without change, Laws, 1988, ch. 527, § 7, eff. 7/1/1988.
Amended by Laws, 2015, ch. 410, SB 2508, 5, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 3 - STATE BOARD OF PUBLIC CONTRACTORS (§§ 31-3-1 — 31-3-25) › Section 31-3-15 - Certificates of responsibility required for bid

No contract for public or private projects shall be issued or awarded to any contractor who did not have a current certificate of responsibility issued by said board at the time of the submission of the bid, or a similar certificate issued by a similar board of another state which recognizes certificates issued by said board. Any contract issued or awarded in violation of this section shall be null and void.
Codes, 1942, § 8968-08; Laws, 1958, ch. 473, § 8; Laws, 1960, ch. 393, § 5; Laws, 1980, ch. 498, § 8; Laws, 1985, ch. 505, § 11; reenacted, Laws, 1988, ch. 527, § 9, eff. 7/1/1988.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 3 - STATE BOARD OF PUBLIC CONTRACTORS (§§ 31-3-1 — 31-3-25) › Section 31-3-16 - Commercial contractors required to possess permit issued under Section 27-65-27 in order to obtain building permit; applicability of section

All commercial contractors, in order to obtain a building permit in the State of Mississippi, shall possess a permit from the Department of Revenue issued under Section
27-65-27
.
Notwithstanding the definition of "contractor" in Section
31-3-1
, for purposes of this section, a commercial contractor is a person or entity contracting or offering to contract with an owner or possessor of commercial real estate to construct a building thereon, or to repair or renovate any portion of a building thereon, regardless of the cost of the project, and regardless of whether all or part of the cost is expected to be paid as a benefit of a property and casualty insurance policy.
This section shall not apply to a commercial contractor having a permanent place of business in the State of Mississippi or licensed under this chapter.
Added by Laws, 2021, ch. 476, SB 2874,§ 2, eff. 4/22/2021.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 3 - STATE BOARD OF PUBLIC CONTRACTORS (§§ 31-3-1 — 31-3-25) › Section 31-3-17 - Special privilege license tax; State Board of Contractors Fund

There is hereby levied, in addition to any taxes otherwise provided for by law, a special privilege license tax of Two Hundred Dollars ($200.00) on each contractor who applies for a certificate of responsibility issued under this chapter; and such tax shall be paid to the executive director of the board upon making such application in this state. The board may levy an additional special privilege license tax not to exceed One Hundred Dollars ($100.00) for each additional classification for which a contractor applies and is found to be qualified. The executive director of the board shall promptly deposit all monies received under this chapter in the State Treasury. Except for the civil penalty provided in Section
31-3-21
which shall be deposited into the State General Fund and the fee provided in Section
31-3-14
, all monies received under this chapter shall be kept in a special fund in the State Treasury known as the "State Board of Contractors Fund," and shall be used only for the purposes of this chapter. Such monies shall not lapse at the end of each fiscal year, but all monies in such State Board of Contractors Fund in excess of the sum of fifty percent (50%) of the approved budget for the fiscal year shall be paid over into the General Fund of the State Treasury. All expenditures from the Board of Contractors Fund shall be by requisition to the State Auditor, signed by the executive director of the board and countersigned by the chairman or vice chairman of the board, and the State Treasurer shall issue warrants thereon.
Codes, 1942, § 8968-10; Laws, 1958, ch. 473, § 10; Laws, 1970, ch. 527, § 1; Laws, 1971, ch. 374, § 1; Laws, 1980, ch. 498, § 9; Laws, 1985, ch. 505, § 12; reenacted, Laws, 1988, ch. 527, § 10; Laws, 1992, ch. 505, § 3; Laws, 1998, ch. 415, § 2; Laws, 2004, ch. 358, § 2, eff. 7/1/2004.
Amended by Laws, 2015, ch. 410, SB 2508, 8, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 3 - STATE BOARD OF PUBLIC CONTRACTORS (§§ 31-3-1 — 31-3-25) › Section 31-3-19 - [Repealed]

Repealed by Laws, 2004, ch. 346, § 2.
Codes, 1942, § 8968-09; Laws, 1958, ch. 473, § 9; Laws, 1960, ch. 393, § 6; Laws, 1980, ch. 498, § 10; reenacted, Laws, 1988, ch. 527, § 11, eff. 7/1/1988.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 3 - STATE BOARD OF PUBLIC CONTRACTORS (§§ 31-3-1 — 31-3-25) › Section 31-3-23 - Appeals

Within ten (10) days after any order, judgment or action of the board, any person aggrieved thereby may appeal such order, judgment or action either to the chancery court of the county wherein the appellant resides or to the Chancery Court of the First Judicial District of Hinds County, Mississippi, upon giving bond with sufficient security in the amount of Two Hundred Fifty Dollars ($250.00), approved by the clerk of the chancery court and conditioned to pay any costs which may be adjudged against such person. In lieu of the bond, the appellant may post Two Hundred Fifty Dollars ($250.00) with the clerk of the chancery court and conditioned to pay any costs which may be adjudged against such person.
Notice of appeal shall be filed in the office of the clerk of the chancery court, who shall issue a writ of certiorari directed to the board commanding it within forty-five (45) days after service thereof to certify to such court its entire record in the matter in which the appeal has been taken. The appeal shall thereupon be heard in due course by the court, and the court shall review the record and shall affirm or reverse the judgment. If the judgment is reversed, the chancery court or chancellor shall render such order or judgment as the board ought to have rendered, and certify the same to the board; and costs shall be awarded as in other cases.
Appeals may be had to the Supreme Court of the State of Mississippi as provided by law from any final action of the chancery court. The board may employ counsel to defend such appeals, to be paid out of the funds in the State Board of Contractors Fund.
On appeal, any order, judgment or action of the board revoking a certificate of responsibility or residential license shall remain in full force unless the chancery court or Supreme Court reverses such order, judgment or action of the board.
The remedies provided under this chapter for any aggrieved person shall not be exclusive, but shall be cumulative of and supplemental to any other remedies which he may otherwise have in law or in equity, whether by injunction or otherwise.
Codes, 1942, § 8968-12; Laws, 1958, ch. 473, § 12; Laws, 1980, ch. 498, § 12; Laws, 1985, ch. 505, § 14; reenacted, Laws, 1988, ch. 527, § 13, eff. 7/1/1988.
Amended by Laws, 2015, ch. 410, SB 2508, 10, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 3 - STATE BOARD OF PUBLIC CONTRACTORS (§§ 31-3-1 — 31-3-25) › Section 31-3-25 - [Repealed]

Repealed by Laws, 1988, ch. 527, § 14, eff. 7/1/1988.
Laws, 1979, ch. 301, § 30; 1985, ch. 505, § 15.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 5 - PUBLIC WORKS CONTRACTS (§§ 31-5-1 — 31-5-NEW) › IN GENERAL (§§ 31-5-1 — 31-5-39) › Section 31-5-1 - [Repealed]

Repealed by Laws 1980, ch. 520, § 5, eff. 4/1/1981.
Codes, Hemingway's 1921 Supp, § 2447a; 1930, § 5971; 1942, § 9014; Laws, 1918, ch. 217.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 5 - PUBLIC WORKS CONTRACTS (§§ 31-5-1 — 31-5-NEW) › IN GENERAL (§§ 31-5-1 — 31-5-39) › Section 31-5-3 - Bond for payment of taxes, licenses, etc

Any person, firm or corporation entering into a formal contract with this state, any county thereof, municipality therein, or any public board, department, commission, or political subdivision of this state, for the construction or maintenance of public buildings, works or projects or the doing of repairs to any public building, works or projects shall be required before commencing same to execute the usual bond with good and sufficient sureties, as required by law, with the additional obligation that such contractor shall promptly make payment of all taxes, licenses, assessments, contributions, damages, penalties, and interest thereon, when and as the same may lawfully be due this state, or any county, municipality, board, department, commission or political subdivision thereof, by reason of and directly connected with the performance of such contract or any part thereof.
In default of the prompt payment of all such taxes, licenses, assessments, contributions, damages, penalties and interest thereon as may be due by any such contractor, a direct proceeding on said bond may be brought in any court of competent jurisdiction by the proper officer or agency having lawful authority so to do to enforce such payment, the right to so proceed being cumulative and in addition to such other remedies as may be provided by law.
Nothing in this section shall be so construed as to repeal in any respect the provisions of any law having for its purpose the protection and enforcement of claims by persons furnishing labor or materials.
Codes, 1942, § 9014-01; Laws, 1944, ch. 145, §§ 1-3.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 5 - PUBLIC WORKS CONTRACTS (§§ 31-5-1 — 31-5-NEW) › IN GENERAL (§§ 31-5-1 — 31-5-39) › Section 31-5-5 - through 31-5-13 - [Repealed]

Repealed by Laws, 1980, ch. 520, § 5, eff. 4/1/1981.
Codes, Hemingway's 1921 Supp. §§ 2447d to 2447f; 1930, §§ 5972-5976; 1942, §§ 9015-9019; Laws, 1918, ch. 217; 1962, ch. 333.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 5 - PUBLIC WORKS CONTRACTS (§§ 31-5-1 — 31-5-NEW) › IN GENERAL (§§ 31-5-1 — 31-5-39) › Section 31-5-17 - Resident labor used on public works

Every public officer, contractor, superintendent, or agent engaged in or in charge of the construction of any state or public building or public work of any kind for the State of Mississippi or for any board, city commission, governmental agency, or municipality of the State of Mississippi shall employ only workmen and laborers who have actually resided in Mississippi for two (2) years next preceding such employment.
Codes, 1942, § 9020; Laws, 1932, ch. 317; Laws, 1938, ch. 359.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 5 - PUBLIC WORKS CONTRACTS (§§ 31-5-1 — 31-5-NEW) › IN GENERAL (§§ 31-5-1 — 31-5-39) › Section 31-5-19 - Procedure if resident labor not available

In the event workmen or laborers qualified under the provisions of Section
31-5-17
are not available, then the contractor, officer, superintendent, agent, or person in charge of such work shall notify in writing the mayor of the city in which said work is being done, the president of the board of supervisors of the county in which said work is being done, the Governor where said work is being done for the State of Mississippi, and the president, chairman, or executive officer of such board, city commission, or governmental agency for which said work is being done, of such fact. Unless the mayor, Governor, president, executive officer, or chairman aforesaid, as the case may be, shall forthwith supply such contractor, officer, superintendent, agent, or person in charge of said works with the satisfactory workmen or laborers needed, said contractor, officer, superintendent, agent, or person shall be authorized to employ workmen or laborers who are not qualified under the provisions of Section
31-5-17
to make up the deficiency. Nothing herein shall be construed to prevent the State of Mississippi, any county, municipality, board, or commission from placing or letting any contract for the erection or construction of any public building or public work in the open market, or soliciting bids from persons, firms, or corporations without the State of Mississippi. Any person, persons, firm, or corporation from without the State of Mississippi that may obtain such contracts for public buildings or public works shall comply with the provisions of Section
31-5-17
upon undertaking the said contract or work.
Codes, 1942, § 9021; Laws, 1932, ch. 317; Laws, 1938, ch. 359.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 5 - PUBLIC WORKS CONTRACTS (§§ 31-5-1 — 31-5-NEW) › IN GENERAL (§§ 31-5-1 — 31-5-39) › Section 31-5-21 - Penalty

Any contractor, officer, superintendent, agent, or person in charge of said work who shall violate any of the provisions of Section
31-5-17
, shall be liable upon conviction before a court of competent jurisdiction to a fine of not more than One Hundred Dollars ($100.00) or to imprisonment of not more than sixty (60) days, or both at the discretion of the court; and every day's employment of each workman or laborer in such violation shall constitute a separate offense.
However, where any workman or laborer furnishes such employer with a certificate by the sheriff, chancery clerk, or county registrar of the county of his domicile to the effect that such workman or laborer has actually resided in this state two (2) years next preceding such employment, such employer, acting in good faith, shall be relieved of any liability by reason of employing such person.
Codes, 1942, § 9022; Laws, 1932, ch. 317; Laws, 1938, ch. 359.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 5 - PUBLIC WORKS CONTRACTS (§§ 31-5-1 — 31-5-NEW) › IN GENERAL (§§ 31-5-1 — 31-5-39) › Section 31-5-23 - State products used in public works

In the construction of any building, highway, road, bridge, or other public work or improvement by the State of Mississippi or any of its political subdivisions or municipalities, only materials grown, produced, prepared, made and/or manufactured within the State of Mississippi should be used. Paint, varnish and lacquer shall be used which shall contain as vehicles tung oil and either ester gum or modified resin (with rosin as the principal base of constituents), and turpentine shall be used as solvent or thinner, all of which said products shall be produced in Mississippi. However, preference shall not be given to materials grown, produced, prepared, made and/or manufactured in the State of Mississippi when other materials of like quality produced without the State of Mississippi may be purchased or secured at less cost, or any other materials of better quality produced without the State of Mississippi can be secured at a reasonable cost.
The duty is hereby enjoined upon all public officers or bodies having the right to contract for the purchase of materials for any such public work to be paid for by the State of Mississippi or any of its political subdivisions or municipalities to faithfully observe the provisions of this section.
All contracts hereafter let to any person, firm or corporation for the construction or doing of any public work shall contain a provision enjoining a like duty upon the contractor with respect to the purchase of materials as would have rested upon the public officer or body letting the contract had he or it done the work and purchased the materials.
Nothing herein shall in any manner apply to any public work or improvement which will be paid for either in whole or in part by funds contributed either directly or indirectly by the United States.
This section is declaratory of public policy of the State of Mississippi.
The boards of supervisors of the State of Mississippi are hereby enjoined, in the letting of contracts in pursuance to Section
65-9-19
, to use any and all low gravity oil from the various oil fields in this state in the construction, maintenance, and upkeep of the rural roads, and to faithfully observe the provisions hereof.
Codes, 1942, § 9023; Laws, 1932, ch. 330; Laws, 1950, ch. 392, § 1.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 5 - PUBLIC WORKS CONTRACTS (§§ 31-5-1 — 31-5-NEW) › IN GENERAL (§§ 31-5-1 — 31-5-39) › Section 31-5-25 - Time for full and final payment to contractors; exemptions; monthly submission by contractors of proof of payments to subcontractors

(1)
All sums due contractors under all public construction contracts shall be paid as follows:
(a)
Partial, progress or interim payments: All partial, progress or interim payments or monies owed contractors shall be paid when due and payable under the terms of the contract. If they are not paid within forty-five (45) calendar days from the day they were due and payable, then they shall bear interest from the due date until paid at the rate of one percent (1%) per month until fully paid.
(b)
Final payments: The final payment of all monies owed contractors shall be due and payable:
(i)
At the completion of the project or after the work has been substantially completed in accordance with the terms and provisions of the contract;
(ii)
When the owner beneficially uses or occupies the project except in the case where the project involves renovation or alteration to an existing facility in which the owner maintains beneficial use or occupancy during the course of the project;
(iii)
When the project is certified as having been completed by the architect or engineer authorized to make such certification; or
(iv)
When the project is certified as having been completed by the contracting authority representing the State of Mississippi or any of its political subdivisions, whichever event shall first occur.
If the contractor is not paid in full within forty-five (45) calendar days from the first occurrence of one (1) of the above-mentioned events, then said final payment shall bear interest from the date of said first occurrence at the rate of one percent (1%) per month until fully paid.
In no event shall said final payment due the contractor be made until the consent of the contractor's surety has been obtained in writing and delivered to the proper contracting authority.
(c)
[Repealed]
(2)
Contractors shall submit monthly certification to the project engineer or architect indicating payments to subcontractors on prior payment request.
Codes, 1942, § 9022.7; Laws, 1972, ch. 534, § 1; Laws, 1985, ch. 505, § 1; Laws, 1994 Ex Sess, ch. 26, § 20; Laws, 2002, ch. 519, § 1; Laws, 2006, ch. 331, § 1, eff. 7/1/2006.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 5 - PUBLIC WORKS CONTRACTS (§§ 31-5-1 — 31-5-NEW) › IN GENERAL (§§ 31-5-1 — 31-5-39) › Section 31-5-27 - Payment of interest on delinquent accounts

When a contractor receives any payment under a public construction contract, the contractor shall, upon receipt of that payment, pay each subcontractor and material supplier in proportion to the percentage of work completed by each subcontractor and material supplier. If for any reason the contractor receives less than the full payment due under the public construction contract, the contractor shall be obligated to disburse on a pro rata basis those funds received, with the contractor, subcontractors and material suppliers each receiving a prorated portion based on the amount due on the payment. If the contractor without reasonable cause fails to make any payment to his subcontractors and material suppliers within fifteen (15) days after the receipt of payment under the public construction contract, the contractor shall pay to his subcontractors and material suppliers, in addition to the payment due them, a penalty in the amount of one-half of one percent (1/2 of 1%) per day of the delinquency, calculated from the expiration of the 15-day period until fully paid. The total penalty shall not exceed fifteen percent (15%) of the outstanding balance due.
Codes, 1942, § 9022.8; Laws, 1972, ch. 534, § 2; Laws, 1985, ch. 505, § 2, eff. 1/1/1986.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 5 - PUBLIC WORKS CONTRACTS (§§ 31-5-1 — 31-5-NEW) › IN GENERAL (§§ 31-5-1 — 31-5-39) › Section 31-5-29 - Applicability of Sections 31-5-25, 31-5-27

Sections
31-5-25
and
31-5-27
, shall apply as to all public construction contracts entered into by all state agencies, commissions, boards and districts and by all municipalities, counties and other political subdivisions of the State of Mississippi.
Codes, 1942, § 9022.9; Laws, 1972, ch. 534, § 3, eff. 7/1/1972.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 5 - PUBLIC WORKS CONTRACTS (§§ 31-5-1 — 31-5-NEW) › IN GENERAL (§§ 31-5-1 — 31-5-39) › Section 31-5-31 - Provider to subcontractor of equipment used in road construction contract shall notify general contractor of payments not timely made

Any person, firm or corporation who leases, rents or sells to any subcontractor any equipment to be used in a road construction contract, wherein a performance and payment bond is required of the general contractor, shall notify the general contractor involved in such contract that credit is being extended by them to the subcontractor and stating the terms of the credit agreement. In the event the subcontractor does not meet his payment obligations as set forth in the credit agreement, the creditor shall notify the general contractor of the nonpayment within thirty (30) days after such payment is due. The creditor shall notify the general contractor upon receipt of any payment which had been reported as past due.
Failure of the creditor to comply with the nonpayment notice provision of this section shall void the terms of the general contractor's performance and payment bond as to such creditor for such equipment leased, rented or sold.
Laws, 1976, ch. 378, eff. 7/1/1976.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 5 - PUBLIC WORKS CONTRACTS (§§ 31-5-1 — 31-5-NEW) › IN GENERAL (§§ 31-5-1 — 31-5-39) › Section 31-5-33 - Amount of retainage which may be withheld; exemptions

(1)
In any contract for the construction, repair, alteration or demolition of any building, structure or facility awarded by the State of Mississippi, or any agency, unit or department of the State of Mississippi, or by any political subdivision thereof, which contract provides for progress payments in installments based upon an estimated percentage of completion with a percentage of the contract proceeds to be retained by the state agency, unit or department, or by the political subdivision or contractor pending completion of the contract, such retainage shall be five percent (5%), and the amount retained by the prime contractor from each payment due the subcontractor shall not exceed the percentage withheld by the state, or any agency, unit or department of the state, or by any political subdivision thereof, from the prime contractor. For the purposes of this section and Section
31-5-15
, the term "retainage" means that money, or other security as agreed to by the parties to a construction contract, earned by the contractor, subcontractor or lower-tier sub-subcontractor or supplier, as the case may be, for work properly performed or materials suitably stored if payment for stored materials is provided for in the contract, which has been retained by the owner conditioned on final completion and acceptance of all work in connection with a project or projects by the contractor, subcontractor or lower-tier sub-subcontractor or supplier.
On any contract as described herein, of which the total amount is Two Hundred Fifty Thousand Dollars ($250,000.00) or greater, or on any contract with a subcontractor, regardless of amount, five percent (5%) shall be retained until the work is at least fifty percent (50%) complete, on schedule and satisfactory in the architect's and/or engineer's opinion, at which time fifty percent (50%) of the retainage held to date shall be returned to the prime contractor for distribution to the appropriate subcontractors and suppliers. Provided, however, that future retainage shall be withheld at the rate of two and one-half percent (2-1/2%).
(2)
The provisions of this section shall not apply to contracts let by the Mississippi Transportation Commission for the construction, improvement or maintenance of roads and bridges.
Laws, 1979, ch. 454, § 1; Laws, 1984, ch. 406, § 1; Laws, 2002, ch. 519, § 2, eff. 7/1/2002.
Amended by Laws, 2024, ch. 387, SB 2762,§ 3, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 5 - PUBLIC WORKS CONTRACTS (§§ 31-5-1 — 31-5-NEW) › IN GENERAL (§§ 31-5-1 — 31-5-39) › Section 31-5-35 - Public employees prohibited from requiring bidder on public contract to obtain surety bonds from any particular company, agent, or broker

No state, county, or municipal employee, and no person acting or purporting to act on behalf of such employee, or any state, county or municipal agency, shall, with respect to any public building or construction contract which is about to be or which has been competitively bid or negotiated, require the bidder to make application to or furnish financial data to, or to obtain or procure any of the surety bonds, or surety bond components of wrap-up insurance, that is specified in connection with such contract or specified by any law, from any particular insurance or surety company, agent or broker.
Laws, 2001, ch. 326, § 1, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 5 - PUBLIC WORKS CONTRACTS (§§ 31-5-1 — 31-5-NEW) › IN GENERAL (§§ 31-5-1 — 31-5-39) › Section 31-5-39 - Public entities to establish cost estimate for public work or improvement projects; authority to allocate additional funds to projects

On or before the date and time established to receive bids for any contract related to the construction of any building, highway, road, bridge or other public work or improvement by the State of Mississippi, its agencies, departments, institutions, or instrumentalities of the state or political subdivisions of the state, such entity shall establish a cost estimate for the project. The cost estimate shall reflect the total amount of funds allocated to the project, including the specific amount allocated for construction. Additional funds may be allocated to a project at any time, including for purposes of awarding a contract to the lowest and best bidder. Additional funds may not be allocated after the date and time established for the receipt of bids for the purpose of increasing negotiation authority.
Added by Laws, 2019, ch. 472, HB 698,§ 1, eff. 4/16/2019.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 5 - PUBLIC WORKS CONTRACTS (§§ 31-5-1 — 31-5-NEW) › "HOLD HARMLESS" CLAUSES (§ 31-5-41) › Section 31-5-41 - "Hold harmless" clauses in construction contracts are void; exceptions

With respect to all public or private contracts or agreements, for the construction, alteration, repair or maintenance of buildings, structures, highway bridges, viaducts, water, sewer or gas distribution systems, or other work dealing with construction, or for any moving, demolition or excavation connected therewith, every covenant, promise and/or agreement contained therein to indemnify or hold harmless another person from that person's own negligence is void as against public policy and wholly unenforceable.
This section does not apply to construction bonds or insurance contracts or agreements.
Codes, 1942, § 278.9; Laws, 1972, ch. 400, § 1, eff. 4/27/1972.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 5 - PUBLIC WORKS CONTRACTS (§§ 31-5-1 — 31-5-NEW) › BONDS SECURING PUBLIC CONSTRUCTION CONTRACTS (§§ 31-5-51 — 31-5-NEW) › Section 31-5-52 - Performance and payment bonds required when using design-build or construction manager at risk methods of project delivery

The use of either the design-build method of project delivery as provided in Section
31-7-13.1
or the construction manager at risk method of project delivery as provided in Section
31-7-13.2
must comply with the provisions of Section
31-5-51
.
Laws, 2007, ch. 494, § 3, eff. 7/1/2007.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 5 - PUBLIC WORKS CONTRACTS (§§ 31-5-1 — 31-5-NEW) › BONDS SECURING PUBLIC CONSTRUCTION CONTRACTS (§§ 31-5-51 — 31-5-NEW) › Section 31-5-53 - Time for bringing suit on bond; venue

(a)
When suit is instituted on a performance bond given in accordance with this chapter, it shall be commenced within one (1) year after the obligee shall have made final payment on the contract; provided, however, if the contract is abandoned by the general contractor as bond principal or is terminated by the bond obligee, suit shall be commenced within one (1) year after the earlier of the abandonment by the bond principal or termination by the bond obligee.
(b)
When suit is instituted on a payment bond given in accordance with this chapter, it shall be commenced within one (1) year after the day on which the last of the labor was performed or material was supplied by the person bringing the action and not later.
(c)
Any suit brought on a performance or payment bond given in accordance with this chapter shall be brought in the county in which the contract or some part thereof was performed or in the county in which service of process may be obtained upon either the principal or the surety on such bond.
Laws, 1980, ch. 520, § 2; Laws, 1994, ch. 626, § 4; Laws, 2004, ch. 452, § 1, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 5 - PUBLIC WORKS CONTRACTS (§§ 31-5-1 — 31-5-NEW) › BONDS SECURING PUBLIC CONSTRUCTION CONTRACTS (§§ 31-5-51 — 31-5-NEW) › Section 31-5-55 - Persons entitled to copies of contract and bond

Any person supplying labor or materials for the prosecution of the work shall, upon request to the owner or obligee, or to the contractor or principal, be furnished promptly with a true and correct copy of the contract and bonds within thirty (30) days of the request or the recipient of the request shall thereafter become liable for reasonable attorney's fees and costs in any subsequent action under this section. The written request may be evidenced by any reliable means of delivery.
Laws, 1980, ch. 520, § 3, eff. 4/1/1981.
Amended by Laws, 2019, ch. 346, HB 869,§ 3, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 5 - PUBLIC WORKS CONTRACTS (§§ 31-5-1 — 31-5-NEW) › BONDS SECURING PUBLIC CONSTRUCTION CONTRACTS (§§ 31-5-51 — 31-5-NEW) › Section 31-5-57 - Award of attorney's fees

Whenever any person supplying labor or material in the prosecution of the work brings an action on such payment bond and the trial judge finds that the defense raised to such action by the contractor or surety was not reasonable, or not in good faith, or merely for the purpose of delaying payment, then the trial judge may, in his discretion, award the claimant a reasonable amount to be determined by the trial judge as claimant's attorney's fees in bringing such successful action. Likewise, if the trial judge finds that such action was brought by claimant without just cause or in bad faith, the trial judge may, in his discretion, award the contractor or surety a reasonable amount to be determined by the trial judge as attorney's fees for defending such action; provided, however, this section shall not affect the right of any person to recover attorney's fees where provided by contract or bond.
Laws, 1980, ch. 520, § 4, eff. 4/1/1981.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 7 - PUBLIC PURCHASES (§§ 31-7-1 — 31-7-423) › IN GENERAL (§§ 31-7-1 — 31-7-73) › Section 31-7-3 - Administration of provisions of chapter; purposes

The Department of Finance and Administration shall administer the provisions of this chapter.
The purposes or aims of the Department of Finance and Administration in carrying out said provisions shall be to coordinate and promote efficiency and economy in the purchase of commodities by the agencies of the state.
Codes, 1942, §§ 9024-02, 9024-03; Laws, 1962, ch. 497, §§ 2, 3; Laws, 1980, ch. 440, § 2; Laws, 1984, ch. 488, § 153; Laws, 1985, ch. 525, § 14; Laws, 2000, ch. 593, § 3, eff. 5/20/2000.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 7 - PUBLIC PURCHASES (§§ 31-7-1 — 31-7-423) › IN GENERAL (§§ 31-7-1 — 31-7-73) › Section 31-7-5 - Administrative rules and regulations

The Department of Finance and Administration shall prescribe rules and regulations governing the manner in which the authority and duties granted to it by law may be carried out. It shall employ suitable and competent personnel, necessary to carry out its purposes. The Department of Finance and Administration may establish an Office of Purchasing, Travel and Fleet Management and employ a competent person as Director of the Office of Purchasing, Travel and Fleet Management who shall be nonstate service and paid a salary as determined by the Executive Director of the Department of Finance and Administration with the approval of the State Personnel Board.
Codes, 1942, § 9024-04; Laws, 1962, ch. 497, § 4; Laws, 2000, ch. 593, § 4; Laws, 2006, ch. 537, § 6; Laws, 2007, ch. 319, § 1, eff. 7/1/2007.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 7 - PUBLIC PURCHASES (§§ 31-7-1 — 31-7-423) › IN GENERAL (§§ 31-7-1 — 31-7-73) › Section 31-7-7 - Duties and powers

Through its director and other supervisory personnel and, upon its request, through the agencies of the state, the Office of General Services shall supervise the performance of the following duties imposed upon it by this chapter:
(a)
A study of the purchases of commodities by the agencies of the state; the compilation, exchange and coordination of information concerning same; and the distribution of such information to the agencies and governing authorities requesting same.
(b)
The planning and coordination of purchases in volume for the agencies in order to take advantage of and secure the economies possible by volume purchasing; the arrangement of agreements between agencies and between governing authorities whereby one may make a purchase or purchases for the other or whereby an agency may make a purchase for a governing authority; the arrangement of agreements whereby purchases of commodities can be made between an agency and another agency or governing authority at a fair price, less depreciated value; the negotiations and execution of purchasing agreements and contracts through and under which the Office of General Services may require state agencies to purchase; and the obtaining or establishment of methods for obtaining of competitive bid prices upon which any agency of the state may purchase at the price approved by the Office of General Services.
(c)
The arrangement of provisions in purchase contracts of the state, or any agency, providing that the same price for which a commodity is available to an agency, may also, during the period of time provided therein, be available to any governing authority.
Codes, 1942, § 9024-05; Laws, 1962, ch. 497, § 5; Laws, 1980, ch. 440, § 3; Laws, 1983, ch. 330, § 1; Laws, 1984, ch. 488, § 154; Laws, 1985, ch. 525, § 15, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 7 - PUBLIC PURCHASES (§§ 31-7-1 — 31-7-423) › IN GENERAL (§§ 31-7-1 — 31-7-73) › Section 31-7-11 - Purchasing practices

Each agency of the state shall furnish information relative to its purchase of commodities, and as to its method of purchasing such commodities, to the Department of Finance and Administration annually and at such other times as the Department of Finance and Administration may request.
The Department of Finance and Administration shall have supervision over the purchasing and purchasing practices of each state agency and may by regulation or order correct any practice that appears contrary to the provisions of this chapter or to the best interests of the state. If it shall appear that any agency is not practicing economy in its purchasing or is permitting favoritism or any improper purchasing practice, the Department of Finance and Administration shall require that the agency immediately cease such improper activity, with full and complete authority in the Department of Finance and Administration to carry into effect its directions in such regard.
All purchases, trade-ins, sales or transfer of personal property made by any officer, board, agency, department or branch of the state government except the Legislature shall be subject to the approval of the Department of Finance and Administration. Such transaction shall be made in accordance with rules and regulations of the Department of Finance and Administration relating to the purchase of state-owned motor vehicles and all other personal property. The title of such property shall remain in the name of the state.
Codes, 1942, §§ 9024-06, 9024-07; Laws, 1962, ch. 497, §§ 6, 7; Laws, 1970, ch. 353, § 2; Laws, 1980, ch. 440, § 4; Laws, 1984, ch. 488, § 156; Laws, 1985, ch. 525, § 17; Laws, 2000, ch. 593, § 7, eff. 5/20/2000.