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	None.	Must be filed within 180 days of completion of work. Action to enforce incorporated with lien filing.
	None.	Must be filed within 120 days of completion of work. On owner-occupied residential, only effective to money not paid GC. Action to enforce incorporated with lien filing.
	None.	Must be filed within 120 days of completion of work. On owner-occupied residential, only effective to money not paid GC. Action to enforce incorporated with lien filing.

Delaware Mechanics Lien Frequently Asked Questions

To learn more about Connecticut mechanics lien laws, read the frequently asked questions below.

Delaware Mechanics Lien FAQs

Who can file a Mechanic’s Lien?

Delaware law provides mechanic’s lien rights (Statement of Claim) to “any party that supplies labor or material, or both, to an amount exceeding $ 25 in or for the erection, alteration or repair of any structure”.  Liens may also be obtained for services or materials provided “in plumbing, gas fitting, paper hanging, paving, placing iron works and machinery of every kind in mills and factories, bridge building, the erection, construction and filling in of wharves, piers and docks and all improvements to land by drainage, dredging, filling in, irrigating and erecting banks and the services rendered and labor performed and materials furnished by architects”.  Rental equipment providers and suppliers to suppliers do not have mechanic’s lien rights in Delaware.  Also, if the mechanic’s lien rights are based solely on improvement to land, and not a structure thereon, strict requirements apply.  In order for such a lien to be valid, “there must be a contract in writing, signed by the owner… setting forth the names of all parties to the contract and containing a description by the metes and bounds of the land to be affected and by a statement of the general character of the work to be done, and of the total amount to be paid thereunder, and the amount of the partial payments, together with the time when such payments shall be due and owing”.  .

When is the Deadline to File a Mechanic’s Lien?

The time period in which a lien claimant must file his Statement of Claim depends on whether the lien claimant has a direct contract with the owner of the property.  A lien claimant who is in a direct contractual relationship with the owner or reputed owner of the property must file his Statement of Claim within 180 days after the completion of the structure.  However, Delaware law notes that a Statement of Claim is filed timely if it is filed within 180 days of any of 9 separate dates outlined by 25 Del. C. § 2711, some of which may not occur until well after the structure is completed.

For a lien claimant who has not contracted directly with the owner of the property, the Statement of Claim must be filed within 120 days of the date the lien claimant last supplied materials or performed labor.  However, the Statement of Claim is deemed timely if it is filed within 120 days of the date final payment is due to the lien claimant (including all retainage), or within 120 days of the date final payment is made to the general contractor who contracted directly with the owner and the lien claimant.

Special care should be taken when a potential lien claimant contracts with the tenant of a property.  Because that potential lien claimant has not contracted directly with the owner, the 120 day period applies.

Do I Need to Send Notice the Lien Was Recorded?

Yes.  Delaware law requires that notice must be sent when a Statement of Claim is filed.  A lien claimant is required to send a Notice to Lien Holders to everyone who holds a lien on the property subject to the action, as well as to any tenants holding a leasehold interest.  This notice must be sent by certified mail return receipt requested.  Further, a lien claimant is required to furnish a Writ of Scire Facias.  If the lien is on an occupied residence, a copy of the Writ must be left with a person residing in the residence.  If the structure is not an occupied residence, the sheriff will affix a copy of the Writ to the door or other front part of the structure.

Can I Include Attorney’s Fees, Collection Costs, or Other Amounts in the Lien Total?

Generally no.  Attorney fees and consequential damages are not allowed as part of a lien claim in Delaware.  However, if there is an agreement between the parties that attorney’s fees can be recovered they might be allowed.

When is the Deadline to Enforce a Mechanic’s Lien, or, How Long is My Lien Effective?

In Delaware, the action to enforce the lien is generally incorporated with the filing of the Statement of Claim itself.

Will My Lien Have Priority Over Pre-Existing Mortgages or Construction Loans?

No.  In Delaware the lien relates back to the later of two dates, either the day when labor first began, or immediately following the time of recording of a first mortgage upon the structure provided at least 50% of the loan proceeds are used for the payment of labor or materials, or both, for the structure.  Pre-existing liens have priority over mechanic’s liens, and any first mortgage from which at least 50% of the loan proceeds financed construction is automatically a pre-existing lien.

Must the Lien Include a Legal Property Description?

No.  Delaware law only requires a description of the location of the structure being liened “sufficient to identify same”.

Must the Lien Include be Notarized?

Delaware mechanic’s liens must be accompanied by an affidavit of the lien claimant stating that the information contained therein is true and correct.  The affidavit must be verified, but not necessarily notarized.  It is not sufficient for this purpose to claim that the information is true and correct “upon information and belief” or “to the best of knowledge”.

Can I File a Lien if I’m Unlicensed?

Yes.  Delaware does not require a lien claimant to hold any particular license.

Can I File a Lien on a Condominium Project?

A mechanic’s lien may be filed against an individual condominium just as against every other property provided the lien claimant otherwise has the right to file.

Who Cancels the Lien if/when I get Paid?

There is no specific provision in Delaware law that outlines who must cancel a mechanic’s lien after payment.  However, since a mechanic’s lien in Delaware is generally incorporated with an action to enforce, the court outline the procedure after the lien is paid.

Delaware Preliminary Notice FAQs

Do I need to send a Preliminary Notice?

Delaware is typically a non-notice state, and as such, there are no requirements to send any preliminary notices or to send any notices of intent to lien.

When do I need to send a Preliminary Notice?

No preliminary notice is required.

After a Statement of Claim is filed a Notice to Lien Holders must be sent to any other parties who hold a lien on the property within 10 days.  Generally, this Notice is sent along with the Statement of Claim.

What if I send the Preliminary Notice Late?

How Should the Preliminary Notice be Sent?