Delaware Lien Law

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.