Our Guide to Preliens, Waivers, Mechanic’s Liens, and Bond Claims in Delaware
DE 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 you to work with a construction attorney for 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 | Conditional, 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.
- Prime/ Original / General Contractors (GCs): Private/Commercial: If the owner requests it, the prime contractor must provide a list of all subcontractors and suppliers within 10 days or forfeit lien rights.
- Subcontractors/Trade Partners (Subs): Private/Commercial: No preliminary notice required to secure lien rights.
- Second-tier Subcontractors: Private/Commercial: No preliminary notice required to secure lien rights.
- Lower-tier Subcontractors: Private/Commercial: No preliminary notice required to secure lien rights.
- Material Suppliers: Private/Commercial: No preliminary notice required to secure lien rights.
- Equipment Lessors: Private/Commercial: No preliminary notice required to secure lien rights.
- Second-tier Material Suppliers: Private/Commercial: No preliminary notice required to secure lien rights.
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
On public projects, mechanic's lien rights are typically replaced by bond claim rights. Bond claim notice and enforcement timelines can vary by project type and bond language, so coordinate with your construction attorney to confirm the correct deadline and required notice path.
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 online lien-related information for construction project parcels—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
- Delaware Construction Lien Statute -- Title 25, Chapter 27
- Delaware Division of Revenue -- Business Licensing
- Delaware Contractor Registration (Department of Labor)
- State of Delaware Bid Solicitation Directory (Public Projects)
- Delaware State Housing Authority (Prevailing Wage/Projects)
- Delaware Office of Management and Budget -- Facilities Management
- U.S. Department of Labor -- OSHA Wilmington Area Office
- Associated Builders and Contractors -- Delaware Chapter
Check out this ‘X’ list for Delaware created by Prelien Pro!
Frequently asked questions (FAQs) on Delaware lien processes for contractors
Is a preliminary notice required to preserve lien rights in Delaware?
Not typically, but prime contractors should respond to owner list requests within 10 days to preserve rights.
When must a mechanic’s lien be filed in Delaware?
Prime contractors typically file within 180 days of completion; other claimants generally file within 120 days of last furnishing.
Are lien waivers regulated by statute in Delaware?
No specific statutory waiver form is mandated; waivers are generally contractual.
What information should a Delaware lien claim include?
A statement of claim, labor/materials detail, and court filing within statutory timelines.
Are public works bond claims governed by Delaware statute?
Not by a single statewide statute; remedies may depend on bond terms or federal rules for federal projects.
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