Delaware

Delaware Lien Law

Delaware Private Projects
Notice Req.
Intent to Lien
Lien Req.
Prime Contractor

If there is a “Demand of List By the Owner” the Original Contractor is required to to provide a list of all subcontractors and/or suppliers that are working on the project. If the Original Contractor does not provide the list the owner is not required to make any payments until the list is provided.

Not Required

A Construction Lien known in Delaware as a “Statement of Claim” is required to be recorded one hundred and eighty days (180 days) from the last furnishing materials and/or labor.

Sub Contractor

Not Required

Not Required

A Construction Lien known in Delaware as a “Statement of Claim” is required to be recorded one hundred and twenty days (120 days) from the last furnishing materials and/or labor.

Suppliers/Other

Not Required

Not Required

A Construction Lien known in Delaware as a “Statement of Claim” is required to be recorded one hundred and twenty days (120 days) from the last furnishing materials and/or labor.

Delaware

Notices and Mechanic’s Liens

 

1. How long do I have to file a claim of lien in Delaware?

180 days from the completion.  Subcontractors and suppliers have 120 days from the date of completion.

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2. Do I have to file any notices before I start work on a property in?

No, not in the state of Delaware.

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3. What is my last day performing services so that I can request payment?

For a contractor, the last day of work.  Returning to the site to do any additional work after you first, last day of work, is not included in your final day of services.

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4. Who do not have any lien rights in the state of Delaware?

Rental equipment providers, suppliers to suppliers are not allowed lien rights.

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5. How long do I have to file for a lien of foreclosure?

In Delaware the Statement of Claim is established as the document to start a lien foreclosure.

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6. Is there mandatory notice requirements in Delaware?

A lien claimant is required to send a notice to all lien holders on the real estate.   Also, a Writ of Scire Facias, is required on an occupied place of residence. 

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7. Who satisfies the lien when I get paid?

The owner or any interested party may petition the court that the lien be discharged against the property upon the payment of the sum equal to the amount of the claim and deposited with the court.

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8. What cost can I claim for?

Attorney fees and damages.

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Delaware State Projects
Notice Requirements
Lien Requirements
Prime Contractor

Not Required

Not Required

Suppliers/Other

Not Required

Filing a claim against the bond would start the bond claims process, that may take away the need to file a litigation. A lawsuit to enforce the bond claim is due within the time frame of 1 or 3 years from project completion. The bond can be restricted to 1 year or else its 3 years.

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