Our Guide to Preliens, Waivers, Mechanic's Liens, and Bond Claims in Delaware
Delaware
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This is an overview of the state's statutory approach to lien law and what contractors might want to focus on to ensure lien rights are established timely, correctly, and effectively.
While we are happy to provide this guide as a quick reference, we HIGHLY encourage that you work with a construction attorney to help you with your particular circumstances in our complex construction lien law environment.
Delaware Quick Overview
| Pursuant Code | Delaware Code Annotated, Title 25, §§ 2701 et seq. | |
| Prelien Required for Private/Commercial Projects | No, but may be beneficial | |
| Prelien Required for Public Projects | Yes | |
| DE Statutory Relief | Unpaid Balance | |
| Lien Milestone Event | Last furnishing/last invoice | |
| Lien Enforcement Deadline | 120 to 180 days | |
| Waivable Lien Rights | No | |
| Supplier to Supplier Rights | Condiional, check statutes | |
| Prelien Document Name(s) | ||
| Prelien Minimum Information | Names of all persons who have provided labor or materials on the project. | |
| Prelien Minimum Notifications | Owner (if request is made) | |
| Prelien Recording Requirement | No | |
| Prelien Notarized | no |
Understanding the Prelien Process on Construction Projects in Delaware by Role
Delaware does not require a formal preliminary notice for lien rights. However, a prime contractor must provide a list of subcontractors and suppliers within 10 days if requested by the owner, or it forfeits its lien rights. Subcontractors and material suppliers are not required to send notice in advance of filing a lien.
Mechanic's Liens in Delaware
Delaware requires a Statement of Claim to be filed in the appropriate court within 180 days of project completion for prime contractors, and within 120 days from last furnishing for all other claimants. Enforcement of the lien is typically pursued via writ of scire facias and is contemporaneous with filing the lien claim.
Bond Claims in Delaware
There is no dedicated public works bond claim statute in Delaware. Claims on public projects may be governed by contractual bond terms or the Miller Act for federal projects.
Construction Lien Waivers in Delaware
Required Format: Delaware does not require any specific statutorily required verbiage to be valid but be sure to check with your constuction attorney and consult any relevant state statutes.
Required Notarization: Delaware does not require waivers to be notarized.
Delaware statutes do not provide specific forms or requirements for lien waivers. Parties may negotiate waivers by contract, but caution should be used to ensure they comply with general contract principles.
Learn more about waivers here, including the when and how to use various types of waivers, the difference between a Lien Waiver and a Lien Release, what to look for before signing, and more.
- As a client, you'll have free access to our system that easily creates statutorily correct lien waivers.
- Through our technology partner Prelien Pro, you can also access best-in-class lien waiver management software, allowing you to easily track, collaborate, and share lien waivers with all your trade partners.
Assessors' websites in Delaware counties
Most often, the county Assessor's office is the 'go-to' resource for finding online lien-related information for construction project parcels, including ownership records, special warranty deeds, and more. Counties that we've not yet found online (those with '*') link to a Google search for your convenience.
Other Important Construction Links in Delaware
Frequently Asked Questions (FAQs) on Delaware Lien Processes for Contractors
Is a preliminary notice required to preserve lien rights in Delaware?
Not typically. However, if a property owner requests a list of laborers and suppliers from a prime contractor, the contractor must provide it within 10 days to preserve lien rights.
When must a mechanics lien be filed in Delaware?
Prime contractors must file a lien within 180 days of completion of the structure. All other parties must file within 120 days from the last date of furnishing labor or materials.
Are lien waivers regulated by statute in Delaware?
No. Delaware does not have statutory lien waiver forms. Waivers should be contractually drafted and reviewed for enforceability.
What information must be included in a Delaware mechanics lien claim?
The lien must include a statement of claim, a description of the labor or materials furnished, and must be filed with the appropriate court within the statutory deadlines.
Are public works bond claims governed by Delaware law?
Delaware does not have a state statute governing public bond claims. Public project remedies may be found in the bond terms or, for federal projects, under the Miller Act.
We Set the Standard for the Construction Industry
Not only do we provide you with the tools, knowledge, and team to ensure you feel confident your rights are secured, but we're prepared for the trenches and ready to coordinate with your legal team when things "go sideways" on one of your projects.
