A Delaware mechanic’s lien form is used to demand wages from a client who fails to pay for materials or labor furnished on a construction project. By recording a lien, the unpaid party stakes a claim against the property where the labor or materials were provided. The lien attaches to the property title and limits the owner in their ability to sell or obtain additional financing without first settling the unpaid debt.
A lien claim can be filed immediately following non-payment by the client, provided that the delinquent amount exceeds twenty-five dollars ($25). Claimants must be sure to adhere closely to the filing deadlines listed below. Otherwise, their claim may be deemed unenforceable by the Superior Court.
Laws & Requirements
- Laws: Title 25, Ch.27
- Signing Requirements (§ 2712(c)): Must be accompanied by affidavit.
- Time Limit for Recording Lien (§ 2711): One hundred and eighty (180) days after completion (direct contractors); one hundred and twenty (120) days after completion or last delivery date of materials (all other claimants).
- Deadline for Enforcing Lien (§ 2712): One hundred and eighty (180) days (direct contractors); one hundred and twenty (120) days (all other claimants).