Delaware Mechanic's Lien Guide

Delaware does not require a subcontractor or supplier to serve a Notice of Intent to Lien before filing.

Subcontractors and all persons other than the direct contractor must file a statement of claim within 120 days from completion of the labor performed or the last delivery of materials furnished. A claim is also timely if filed within 120 days of the date final payment (including all retainage) is due to the claimant, or the date final payment is made to the contractor who contracted directly with the owner (§ 2711(b)). The filing is made in the Superior Court of the county where the structure sits and serves as the complaint; the action proceeds by writ of scire facias, and a judgment on the claim becomes the lien (§§ 2712, 2714, 2718). There is no separate later lawsuit — filing and enforcement happen in the same Superior Court proceeding, so file early. IMPORTANT — unpaid-balance state: When the property is used solely as the owner's residence and the owner has made full or final good-faith payment to the contractor, no lien can attach. If the owner has NOT paid the contractor in full, a lien may attach only to the extent of the balance still due the contractor, and that balance is divided pro rata among claimants who perfect liens (§ 2707).