Mechanics Lien Deadlines in Delaware
Delaware mechanics' liens are secured by filing a statement of claim with the Prothonotary of the Superior Court within a set period after completion, and are enforced by writ of scire facias.
Delaware's mechanics' lien law appears in Title 25, Chapter 27 of the Delaware Code. It sets out who may obtain a lien, the period within which a statement of claim must be filed, and how the lien is enforced in the Superior Court. The filing period depends on whether the claimant is a contractor who dealt directly with the owner or another person entitled to a lien, and each runs from a stated event. The statute also addresses waiver of the lien and the treatment of an owner-occupied residence.
Filing and enforcing a mechanics lien in Delaware
Where the improvements are to the land alone, no lien attaches unless there is a contract in writing signed by the owner. 1
A contractor who contracted directly with the owner and furnished both labor and material must file the statement of claim within 180 days after the completion of the structure. 2
All other persons entitled to a lien must file their statement of claim within 120 days from the completion of the labor performed or from the last delivery of materials furnished. 3
The statement of claim, which may also serve as a complaint, is filed in the office of the Prothonotary of the Superior Court for the county where the structure is situated. 4
A contract or agreement by which the right to file or enforce a lien under the chapter is waived is void as against public policy and wholly unenforceable. 5
No lien may be obtained on property used solely as the owner's residence once that owner has made full or final payment in good faith to the contractor. 6
Sources
Where the improvements are to the land alone, no lien attaches unless there is a contract in writing signed by the owner.
A contractor who made the contract directly with the owner and furnished both labor and material must file the statement of claim within 180 days after the completion of the structure.
All other persons entitled to a lien must file their statement of claim within 120 days from the completion of the labor performed or from the last delivery of materials furnished.
The statement of claim, which may also serve as a complaint, is filed in the office of the Prothonotary of the Superior Court for the county where the structure is situated.
A contract or agreement by which the right to file or enforce a lien created under the chapter is waived is void as against public policy and wholly unenforceable.
No lien may be obtained on property used solely as the owner's residence when that owner has made full or final payment in good faith to the contractor.
Frequently asked questions
- How long does a contractor who dealt directly with the owner have to file in Delaware?
- A contractor who made the contract directly with the owner and furnished both labor and material must file the statement of claim within 180 days after the completion of the structure.
- How long do subcontractors and other claimants have to file?
- All other persons entitled to a lien must file their statement of claim within 120 days from the completion of the labor performed or from the last delivery of materials furnished.
- How is a Delaware mechanics' lien enforced?
- The proceedings to recover the amount of the claim are by writ of scire facias in the Superior Court, and the statement of claim may also serve as the complaint.
- Can the right to file a Delaware mechanics' lien be waived in advance?
- A contract or agreement by which the right to file or enforce a lien under the chapter is waived is void as against public policy and wholly unenforceable.
Last reviewed 8.4.26
This page is general information about state law, not legal advice. Laws change, and how they apply depends on the facts of your situation.