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Delaware Lien Deadlines for Material Suppliers
Delaware requires a "Notice of Unpaid Lien" to be provided to the owner before filing a lien if you don't have a direct contract.
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Delaware is High Risk for Suppliers
Delaware is High Risk for Suppliers No lien is allowed if the owner made full payment to the contractor in good faith. You must also send a Notice to Lien Holders by certified mail RR.
Delaware Lien Deadlines
| Deadline Type | Timing | Details |
|---|---|---|
| Preliminary/Notice | Not specified | (Do not invent) |
| Lien Filing | 120 days of last supplying materials | Must file lien by 120 days of last supplying materials. |
| Special | See details | No lien if owner made full payment to contractor in good faith; Notice to Lien Holders by certified mail RR. |
| Enforcement | 120 days (same as filing) | Suit to enforce must be filed within 120 days. |
| Statutes | 25 Del. C. § 2701 et seq.; § 2711(a)(2); § 2711(b); § 2712; § 2707 |
Common Supplier Mistakes in Delaware
Delaware Lien Deadlines
Deadline Type Timing Details Preliminary/Notice Not specified (Do not invent) Lien Filing 120 days of last supplying materials Must file lien by 120 days of last supplying materials. Special See details No lien if owner made full payment to contractor in good faith; Notice to Lien Holders by certified mail RR. Enforcement 120 days (same as filing) Suit to enforce must be filed within 120 days. Statutes 25 Del. C. § 2701 et seq.; § 2711(a)(2); § 2711(b); § 2712; § 2707
Missing Preliminary Notice
Failing to send the required preliminary notice is the most common reason suppliers lose their lien rights in Delaware.
Late Lien Filing
The lien must be filed by the specific deadline. Even one day late invalidates the lien.
Missing Enforcement Deadline
Enforcement must occur within the statutory period after filing.
What notices are required?
Not specified in the provided text.
When must the lien be filed?
120 days of last supplying materials.
What is the enforcement period?
120 days (same as filing).
What statutes apply?
25 Del. C. § 2701 et seq.; § 2711(a)(2); § 2711(b); § 2712; § 2707
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Frequently Asked Questions
Missing Preliminary Notice
Failing to send the required preliminary notice is the most common reason suppliers lose their lien rights in Delaware.
Late Lien Filing
The lien must be filed by the specific deadline. Even one day late invalidates the lien.
What notices are required?
Not specified in the provided text.
When must the lien be filed?
120 days of last supplying materials.
What is the enforcement period?
120 days (same as filing).
What statutes apply?
25 Del. C. § 2701 et seq.; § 2711(a)(2); § 2711(b); § 2712; § 2707
Disclaimer: This content is for informational purposes only and does not constitute legal advice.