It’s not always easy to receive the gold you’ve earned in the Diamond State. Delaware, like all other states, has mechanics lien laws to help construction workers and suppliers like you get paid. Like all other states, Delaware mechanics lien and Delaware construction lien laws are also confusing and complicated. So you need to know how the law works to be able to properly file a Delaware lien and protect your right to be paid. Here are 5 things you need to know about the Delaware lien laws as reported to NLB busy our network of Delaware construction attorneys and Delaware construction lawyers to successfully file your next lien.
WHO CAN FILE A DELAWARE MECHANICS LIEN
Generally, every state has laws that limit who can file a mechanics lien and a payment bond claim, and Delaware liens are not the same to perfect. You need to know how and when to take the required steps. The pre-lien or preliminary notice requirements are different for each state on Private, Public, and Federal Projects. When you send the notice to the owner, preliminary notice, or pre-lien notices are also different for a supplier, sub, GC, or design professional.
SCHEDULE A NO-COST INITIAL CALL WITH NLB’S GENERAL COUNSEL TO GET STARTED
National Lien & Bond professional lien providers and Delaware construction lawyers have helped subs and suppliers get paid on over 26,000 projects since 1986. NLB is here to help you learn what steps you need to take and when to send a notice or lien to secure your job funds on every project.
When you download a summary that may not be current or the deadlines and steps are confusing to follow. NLB offers every sub and supplier the ability to get answers you need to get paid!
You are invited to set up an appointment with general counsel to discuss the details of how and when to take the steps you need to get paid on every project Click Here.
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NOTICE OF RIGHT TO LIEN
Your first step in protecting your lien rights is typically to serve notice of your right to file a mechanic’s lien, often referred to as the “Preliminary Notice”. It must be served on the owner and the general contractor. Unless you are working directly for the general contractor. If the owner obtained a loan to fund the project, you must also serve the notice to the construction lender. The Preliminary Notice timing shown is not always mandatory but will afford maximum protection for liens.
This notice may be served when you begin supplying materials to the project. If you miss the statutory date, you may in some states still serve the notice to capture remaining funds as state law typically bit not always provides. Notice (Statutory Form) to owner, contractor, construction lender & person with whom the claimant has contracted within a date certain from the time you began work, or in some times before you start and in others when you completed work.
The notice may either be served by certified mail, return receipt requested, or personally served on each of the parties. If you file a lien, you need to provide proof of this service by affidavit and proof of mail delivery. The notice typically includes a description of the work or goods you will provide, the estimated total price of the work or goods you will provide, and the statutorily required statement.
PREPARING THE DELAWARE MECHANICS LIEN
Every mechanics lien typically must contain the owner’s name, a general description of the property and location, the name of the hiring party, the first and last date of work a description of the work performed, and the amount of money owed. The lien may also include other statutorily required statements and best practices require a lien to be prepared by a lawyer in the project state.
FILING AND SERVING THE DELAWARE MECHANICS LIEN
According to the mechanics lien law, after your notices are served timely the lien must be filed in the county recorder’s office in the county where the property is located. The lien may either be served by certified mail, return receipt requested, or personally served on each of the parties. If you file a lien, you may in several states need to provide proof of this service by affidavit and proof of mail delivery.
FINAL THOUGHTS
Even if circumstances change, it is never too late to start a dialogue with the owner and GC Click Here to set up an appointment with general counsel to discuss the details of your initial consultation. If you properly perfected all the required steps you can likely start a foreclose action on the lien, sue the surety on a bond or sue for collection and other remedies. Property owners and competing creditors may try to block your path, but if you followed the law, you will have placed yourself in a strong secured position against your adversaries. To learn how to secure all your receivables Click Here to set up an appointment with general counsel to discuss the details of securing your company’s entire receivables on private public and federal construction projects both in the USA or around the world.
Frequently Asked Questions
Does Delaware require a preliminary notice before filing a mechanics lien?
No — Delaware does NOT require a preliminary notice. Sub-tier claimants can proceed directly to filing the Statement of Claim within the 180-day window. However, Delaware DOES limit sub-tier claimants' lien rights to the amount the owner still owes the GC at the time of filing (under 25 Del. C. § 2702) — meaning prompt filing is critical to preserve recovery before the owner pays the GC and extinguishes the unpaid balance.
What is the deadline to file a Delaware mechanics lien?
Under 25 Del. C. § 2711(b), the Statement of Claim must be filed with the Superior Court in the county where the property is located within 180 DAYS after the completion of the work of improvement. The 180-day deadline is among the longer filing windows in the U.S. — providing meaningful runway compared to California's 90 days or Florida's 90 days. However, 180 days is still a strict deadline that cannot be extended.
What is the deadline to file a Delaware mechanics lien foreclosure suit?
Under 25 Del. C. § 2711(c), the foreclosure action on a Delaware mechanics lien must be commenced in Superior Court within ONE YEAR after the date of completion of the work of improvement. The 1-year window provides reasonable settlement runway. Failure to file within 1 year extinguishes the lien automatically by operation of law. The deadline runs from COMPLETION, not from filing of the Statement of Claim — meaning extended settlement negotiations between filing and foreclosure can risk the deadline.
What is the Delaware sub-tier lien limitation?
Under 25 Del. C. § 2702, sub-tier claimants (subcontractors, suppliers, equipment lessors) on Delaware construction projects have lien rights limited to the UNPAID BALANCE that the owner still owes the GC at the time of filing — not the full value of work performed. If the owner has already paid the GC in full before the lien is filed, sub-tier claimants may have no recovery from the property. This 'unpaid balance' rule makes prompt lien filing critical for Delaware sub-tier claimants.
What contents are required on a Delaware Statement of Claim?
Under 25 Del. C. § 2712, the Statement of Claim must contain: (1) the amount claimed; (2) the name of the owner or reputed owner; (3) the name of the party who employed or hired the claimant; (4) a description of the property sufficient for identification; (5) the dates of first and last furnishing; (6) a description of the labor or materials furnished; (7) verification by the claimant under oath. Defective Statements of Claim missing required contents are unenforceable under Delaware law.
Are attorney's fees recoverable on Delaware mechanics lien claims?
Generally no — Delaware follows the American Rule. Attorney's fees are recoverable only where: (1) the underlying subcontract or supply agreement contains an enforceable fee-shifting clause; (2) specific statutory provisions provide fee-shifting (limited in Delaware); (3) bad-faith claim handling by an insurer or surety can support common-law fee recovery. Pre-work contract review to include fee-shifting clauses is critical for Delaware contractors.
How does National Lien & Bond help with Delaware mechanics liens?
National Lien & Bond files Delaware mechanics liens for unpaid contractors, subcontractors, suppliers, and equipment lessors. For Illinois-based engagements, Hal Emalfarb's firm at Emalfarb Swan and Bain handles strategic coordination. For Delaware-jurisdiction matters, NLB connects unpaid contractors with vetted Delaware construction-payment attorneys who handle the 180-day Statement of Claim filing under 25 Del. C. § 2711(b) and the 1-year foreclosure suit under § 2711(c). NLB's 50-state deadline-tracking system prevents the missed-deadline forfeitures that cause most Delaware lien losses. Contact NLB for a free initial consultation.