Delaware Mechanic’s Lien Rights: A Complete Guide for Subcontractors

In Delaware, mechanic's lien rights extend to:

• General (original) contractors
• Subcontractors and lower-tier subcontractors
• Material suppliers and vendors
• Laborers and workers
• Architects and design professionals who prepare drawings and supervise work
• Equipment suppliers and machinery providers
• Anyone else who performs work, labor, or furnishes materials constituting an improvement to real property

Rental equipment purveyors or suppliers who provide materials to other suppliers are not eligible to claim mechanic’s liens in Delaware.

To be eligible for a mechanic's lien in Delaware, you must provide work or supplies for the “erection, alteration, or repair” of private property in amounts exceeding $25.

Here are some examples of what’s considered lienable and what isn’t.

Lienable Work in Delaware

• Labor and materials for plumbing, gas fitting, paper hanging, and paving
• Placing iron works and machinery in mills and factories
• Bridge-building
• Construction and erection of wharves, piers, and docks
• Improvements to land via drainage, dredging, filling in, irrigating, or erecting banks
• Architectural services, labor, and materials

Non-Lienable Work in Delaware

• Improvements to the land not included in the list above, unless mutually agreed upon via the job contract
• Rental equipment
• Geotechnical testing
• Construction observation services
• Work on public property (must pursue bond claims instead)

Filing a lien in Delaware is fairly straightforward. That said, you should closely follow deadlines and content requirements.

Deadline to File

• General (original) contractors: Within 180 days after project completion, which is defined in Delaware Code § 2711 as the contractual date, the date when the GC has received 90% of the contract price, project acceptance, and additional date options
• Subcontractors, suppliers, and laborers: Within 120 days after the last day of work or that materials were provided

Filing Requirements

• Filing location: The office of the Prothonotary of the Superior Court in the county where the property is located (lien claims of $25 and more) or the Justice of the Peace ($100 or less)
• Form requirements: Though Delaware doesn’t provide a statutory Statement of Claim form, it must include:
  • Claimant’s name, property owner’s name and address, and contractor’s name
  • Statement confirming you had a contract with the owner, owner’s representative, or contractor
  • Amount of lien claim and amount due
  • Statement describing the nature of labor or materials (if the lien amount isn’t fixed within the contract)
  • Starting time and project completion for labor or materials delivery
  • General property description (e.g., address)
  • Knowledge verifying that labor, supplies, or services were provided on the structure’s credit
  • The time the first mortgage was recorded on the structure
• Verification: The lien claim doesn’t need to be notarized, but it must include an affidavit verifying that “facts are true and correct.”
• Filing fee: $200 filing fee, $10 Court Security Assessment Fee

Delaware handles mechanic's lien enforcement differently from most states. There's no separate foreclosure action—enforcement happens automatically when you file your lien.

When you file a Statement of Claim in the appropriate county court within the required deadline (180 days for general contractors, 120 days for all other claimants), you're simultaneously preserving and enforcing your lien rights. The court then issues a writ of scire facias, which compels the property owner to respond and moves your claim toward resolution.

Because Delaware's process is unique and involves specific procedural requirements, we strongly recommend consulting a construction attorney to ensure your rights are fully protected.