How many days do you have to file a mechanics lien in Delaware?
File a statement of claim with the Prothonotary of the Superior Court in the county where the property is. A contractor who contracted directly with the owner has 180 days after completion of the structure; everyone else has 120 days after finishing their labor or last delivering materials. The claim must be more than $25 and supported by the claimant's affidavit.1 25 Del. C. 2711, 2712
Do you need a preliminary notice in Delaware?
No preliminary notice to the owner is required before filing a mechanic's lien in Delaware. The owner may demand a written list of everyone who supplied labor or materials; a contractor who does not provide it within 10 days of the demand cannot be paid further and loses lien rights.2 25 Del. C. 2705
How long is a mechanics lien good for in Delaware?
Delaware enforces the lien through the filed statement of claim, which can serve as the complaint, and a writ of scire facias served on the owner; a judgment becomes a lien on the structure and land and is executed by writ of levari facias. A residence owner who paid the contractor in full in good faith before service is protected.1 25 Del. C. 2707, 2712, 2714-2719
Who can file a mechanics lien in Delaware?
Anyone who supplied labor or materials worth more than $25 to build, alter or repair a structure under a contract with the owner, the owner's agent, a contractor or a subcontractor. Plumbing, gas fitting, paving, drainage and similar work and architects' services are included. A lien on improvements to land alone needs a signed written contract describing the land by metes and bounds.2 25 Del. C. 2702, 2703
Does a Delaware lien claim have to be notarized?
The statement of claim must be supported by the claimant's affidavit that the facts are true and correct.1 25 Del. C. 2712(c)
Public jobs: read the Delaware lien statute.
Sources
- 25 Del. C. 2711, 2712 (delcode.delaware.gov, 2026-10-27)
- 25 Del. C. 2705 (delcode.delaware.gov, 2026-10-27)