Delaware ArticlesRSS feed for this section

Double Damages For Bad Faith Discharge Claims

Most mechanics lien claims get paid before a foreclosure action is ever required

When a mechanics lien is filed and the lien claimant moves to enforce that lien in court, the owner or other parties of interest have the opportunity to discharge this lien by depositing a certain amount with the court. The amount that must be paid into court to discharge the lien is equal to the […]

Read More

Pay When Paid and Pay If Paid: Delaware

Mechanics Lien Claims Open The Purse

Sometimes, it seems as if determining whether pay if paid clauses and/or pay when paid clauses are enforceable in a certain state is nearly impossible. In many states, the question is only resolved by an analysis of the specific language of the individual clause itself, a labor intensive proceeding that, almost invariably, leads to confusion […]

Read More

Mechanics Liens: Mechanics Liens and … Criminal Law?

how to file liens

While browsing recent news stories involving mechanics liens, a very interesting headline popped up in my search results: “Sixteen People Arrested on Federal Indictment Involving Multi-State Car Theft Conspiracy.”  At first, I was surprised that such a story opened up after a search for “mechanics liens,” but after reading a little more about the case, […]

Read More

Delaware Mechanics Lien Law: 5 Things to Know

Delaware Mechanics Lien Law Provides Fairly Broad Protection Delaware mechanics lien law states that project participants that have contributed services or materials to the improvement of a property (including repair and alteration) may file a Statement of Claim for any amount over $25. Work “in plumbing, gas fitting, paper hanging, paving, placing iron works and […]

Read More

No Written Contract Required to File Lien In Delaware

Thanks to the Fox Rothschild LLP blog for calling our attention to a recent Delaware Supreme Court decision confirming that a mechanic lien may be filed in Delaware for claims arising out of a verbal agreement. The case was A&E Drywall Services, LLC v. Eugene A. Delle Donne & Son, LP, et al.. (click to read full text). […]

Read More

Pro-Owner ‘Trick’ in the Delaware & Pro-Contractor ‘Trick’ in the Louisiana Lien Statutes

Here and there, there are statutes within a state’s lien laws that allow a property owner to place a duty of performance on subcontractors and contractors. When representing property owners, savvy construction attorneys will recommend that these statutes be utilized to protect the owner from future liens. An example of these types of statutes can […]

Read More