Construction Liens in Delaware
Contents
Overview
Sources
Del. Code Tit. 25, Chap 27
Authorized Claimants
It shall be lawful for any person having performed or furnished labor or material, or both, to an amount exceeding $25 in or for the erection, alteration or repair of any structure, in pursuance of any contract, express or implied...to obtain a lien upon such structure and upon the ground upon which the same may be situated or erected. (Del Code Title 25, Section 2702) NOTE: Liens for less than $100 shall be enforced pursuant to Del Code Title 25, Subchapter III, Section 2731 et seq.
Lien Priority
Any judgment obtained under a claim made in accordance with this subchapter shall become a lien upon such structure and upon the ground upon which the same is situated, erected or constructed and shall relate back to the day upon which the labor was begun or the furnishing of material was commenced, or the time immediately following the time of recording of a first mortgage, or a conveyance in the nature of a first mortgage, upon such structure which is granted to secure an existing indebtedness or future advances provided at least 50% of the loan proceeds are used for the payment of labor or materials, or both, for such structure, whichever shall last occur. (Del Code Title 25, Section 2718(a))
Notices and Registries
Filing Deadlines
A contractor who (h)as furnished both labor and material in and for such structure, or has provided construction management services in connection with the furnishing of such labor and material, in order to avail himself or herself of the benefits of this subchapter, shall file that contractor's statement of claim within 180 days after the completion of such structure... (Del Code Title 25, Section 2711
Enforcement Deadlines
Every person entitled to the benefits conferred by this chapter and desiring to avail himself or herself of the lien provided for in this chapter, shall, within the time specified in this chapter, file a statement of claim, which may also serve as a complaint when so denominated, in the office of the Prothonotary of the Superior Court in and for the county wherein such structure is situated. (Del Code Title 25, Section 2712 (a))
