Deleware Lien Laws
Lien laws vary significantly across states, reflecting the diverse legal landscapes and economic conditions throughout the U.S. These laws govern the rights of creditors to claim an interest in property to secure payment for debts. For instance, some states have specific statutes that provide detailed processes for mechanics’ liens, allowing contractors and suppliers to enforce claims for unpaid work or materials on construction projects. In contrast, other states might have more streamlined or less detailed regulations.
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Supplier – Preliminary notice requirements to file mechanic lien
No preliminary notice is required.
Supplier – Mechanic Lien
Mechanic lien must be prepared by an attorney. 120 days: Must be filed within 120 days of completion of work. Owner-occupied residential work suppliers and subcontractors can only file the lien for funds owed to the GC at the time of filing (if the owner has paid the GC in full, the sub or supplier has no lien rights.)
Subcontractor – Preliminary notice requirements to file mechanic lien
No preliminary notice is required.
Subcontractor – Mechanic Lien
Mechanic lien must be prepared by an attorney. 120 days: Must be filed within 120 days of completion of work. Owner-occupied residential work suppliers and subcontractors can only file the lien for funds owed to the GC at the time of filing (if the owner has paid the GC in full, the sub or supplier has no lien rights.
General Contractor – Preliminary notice requirements to file mechanic lien
No preliminary notice is required.
General Contractor – Mechanic Lien
Mechanic lien must be prepared by an attorney. 180 days: Must be filed within 180 days of completion of work.
Timeframe to foreclose lien
Action to enforce incorporated within lien filing. Construction participants not covered by lien law. Suppliers to suppliers are not afforded protection under Delaware lien law. Also, providers of rental equipment are not afforded lien protection for their services.
Cost and damages not allowed in lien claim
Attorney fees and consequential damages are not allowed as part of a lien claim in Delaware.