Updated August 2025 | All statutory references in this article reflect the Delaware Code, Title 25, Chapter 27 (2024 codification)
Mechanics liens remain one of the most important tools available to subcontractors, suppliers, and other project participants in Delaware. If payment problems arise, a properly filed lien can secure your right to compensation by attaching directly to the improved property. But Delaware’s statutes are strict, with deadlines that must be met and requirements that must be followed word for word. This guide covers who can file, what a lien must include, how the process works, and critical deadlines to keep in mind.
Who Can File a Delaware Mechanics Lien
Delaware law grants lien rights broadly, but not universally. Under 25 Del. C. § 2702, lien rights are available to:
- Contractors, subcontractors, laborers, and suppliers who provide labor or materials for construction, alteration, or repair of a structure.
- Architects, engineers, and surveyors when their services contribute directly to the improvement.
- Rental equipment providers, provided the equipment is used in the project.
One important limitation: parties furnishing only materials to a material supplier (a “second-tier supplier”) do not have lien rights. The law requires a direct connection to the project itself.
Deadline to File a Delaware Mechanics Lien
Timing is everything. The deadline to file is within 120 days of the last labor performed or materials furnished (25 Del. C. § 2711). Missing this window forfeits your lien rights.
Once the lien is filed, a second clock starts: enforcement must be initiated by a writ of scire facias within 180 days after the lien is recorded (25 Del. C. § 2714). If you don’t take that step, the lien expires automatically.
Think of it as a two-step deadline system: file the lien within 120 days, then enforce it within 180 days.
What a Delaware Lien Must Include
A lien statement filed under 25 Del. C. § 2712 must meet detailed content requirements:
- Name of the claimant and the owner.
- Name of the contractor (if applicable).
- The property’s location and description sufficient for identification.
- The amount claimed, after deducting credits.
- The dates labor or materials were furnished.
If the claimant is not in direct contract with the owner, the lien must also state the contractor’s name and the relationship. Errors or missing details can render the lien invalid, so precision matters.
Enforcing a Delaware Lien
Filing a lien isn’t the end. To enforce, the claimant must sue out a writ of scire facias from the court within 180 days of filing. The writ must then be served on the property owner, contractor, or other responsible party. Failure to enforce on time means the lien has no legal effect, no matter how strong the underlying payment claim.
Additionally, if payment is later made, the claimant is obligated to file a release of lien so the property owner can clear title (25 Del. C. § 2721).
Practical Tips for Subcontractors and Suppliers
- Document daily: Keep invoices, delivery slips, and contracts organized. You’ll need precise dates for both filing and enforcement deadlines.
- Watch the calendar: Set reminders for the 120-day filing period and the 180-day enforcement deadline. Missing either wipes out your lien rights.
- Double-check content: Small errors in the lien statement can undo your claim. Verify names, amounts, and property descriptions.
- Enforce if necessary: Don’t assume filing alone will get you paid. If payment doesn’t come through, be ready to file the writ of scire facias before the 180 days pass.
Clear title quickly: If payment is made, promptly file a release so you stay compliant and maintain credibility for future projects.