Delaware Mechanics Lien
File a Delaware mechanics lien to secure payment for construction work. A direct contractor files within 180 days of completion, and other claimants within 120.
Introduction
A Delaware mechanics lien is a legal claim filed against real property by a contractor, subcontractor, or supplier who improved the property and was not paid. Delaware does not record the lien with a recorder. Instead you file a statement of claim in the Superior Court, and it can serve as the complaint, so the lien attaches to the property and can lead to a court-ordered sale. Delaware grants this right under Title 25, Chapter 27. There is no preliminary notice and no separate notice of intent. A contractor who dealt directly with the owner and furnished both labor and material files within 180 days after the structure is completed. All other claimants file within 120 days after their last labor or delivery of materials. Because the statement of claim can double as the complaint, that filing both perfects and begins to enforce the lien. DocDraft prepares a Delaware statement of claim from your project details, and attorney review is available before you file.
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Key Things to Know
- 1
A Delaware mechanics lien secures payment against the improved property. Contractors, subcontractors, and material suppliers who furnished labor or materials to build or improve a structure and were not paid can claim one under Title 25, Chapter 27.
- 2
Delaware requires no preliminary notice. A subcontractor or supplier who is not in direct privity with the owner does not have to send an advance notice or a notice of intent before filing a statement of claim.
- 3
Delaware does not record the lien with a recorder. You file a statement of claim in the office of the Prothonotary of the Superior Court in the county where the structure sits, under section 2712.
- 4
The deadline depends on your role. A contractor in direct privity who furnished both labor and material files within 180 days after the structure is completed. All other claimants file within 120 days after their last labor or delivery, under section 2711.
- 5
Filing and enforcement are one step. Under sections 2711 and 2712 the statement of claim can also serve as the complaint, so the same timely filing that perfects the lien commences the Superior Court action. There is no separate later suit deadline.
- 6
Delaware reads these rules strictly. Missing the 180-day or 120-day filing window, or leaving out required contents of the statement of claim, generally forfeits the lien, though a separate contract claim for the debt may remain.
- 7
The statement of claim has required contents. Section 2712 sets what it must include, such as the amount claimed, the owner, the hiring party, and a description of the structure and work, and it may be denominated as a complaint.
Key decisions before you file
Before you file a Mechanics Lien in Delaware, a few decisions shape the document: which option to choose and what each one means. The Mechanics Lien guide walks through them.
Open the Mechanics Lien guideCustomize your Mechanics Lien Template with DocDraft
Delaware Requirements for Mechanics Lien
Delaware Filing Deadline and Office
File the Delaware mechanics lien in the correct office, a county recorder or court as Delaware requires, within the state's deadline after you last furnish labor or materials. Delaware applies the deadline strictly, so filing late or in the wrong office can void the lien.