Updated August 2025 | All statutory references in this article reflect the Delaware Code, Title 25, Chapter 27 (2024 codification)
Before filing a mechanics lien in Delaware, subcontractors and suppliers should consider sending a Notice of Intent to Lien. While Delaware law does not require this notice, general contractors on certain projects have a statutory duty to provide certification to the owner before a lien may be filed. This duty impacts subcontractors and material suppliers because their payment often depends on whether the contractor fulfills these statutory obligations.
Serving a Notice of Intent can act as a powerful warning. Many property owners prefer to resolve payment disputes quickly rather than risk dealing with a mechanics lien. This guide explains how a Notice of Intent to Lien works in Delaware and why subcontractors and suppliers may benefit from sending one.
Who Must Send a Notice of Intent in Delaware?
No party in Delaware is legally required to serve a Notice of Intent to Lien prior to recording a mechanics lien. The Delaware Code makes no mention of a mandatory pre-lien notice requirement.
That said, serving a Notice of Intent is strongly recommended. It signals seriousness and often prompts payment without escalating to lien enforcement.
When Do You Send a Delaware Notice of Intent?
You may serve a Notice of Intent to Lien at any time before recording a mechanics lien.
Best practice is to serve the notice at least 10 days before filing, giving the property owner or contractor time to respond.
Delaware mechanics lien deadlines are controlled by statute:
- Parties in direct contract with the owner must file a lien within 180 days after project completion (25 Del. C. § 2711).
- Parties without direct privity (subs and suppliers) must file within 120 days after last furnishing labor or materials (25 Del. C. § 2712).
Your Notice of Intent must be served before these deadlines expire if you want it to be an effective payment tool.
What Happens If You Fail to Send a Delaware Notice of Intent?
There are no statutory penalties for failing to send a Notice of Intent in Delaware. The step is entirely optional. However, skipping it may mean missing an opportunity to secure payment without going through the full lien process.
How to Send a Delaware Notice of Intent
1. Prepare the Delaware Notice of Intent Form
There is no statutory form prescribed for a Notice of Intent in Delaware. You can create your own document, but it should generally include:
- Your name and address
- The property owner’s name and address
- The hiring party’s name and address
- A description of the property sufficient for identification
- A description of labor and/or materials furnished
- The unpaid amount claimed
- A clear statement of intent to record a mechanics lien
2. Serve the Notice of Intent
There is no prescribed method of service under Delaware law. Certified mail with return receipt requested, or personal delivery, are both considered sufficient.
Serving the notice at least 10 days before filing is practical—it gives the property owner a chance to resolve the issue before the lien clouds title.
Best Practices for Sending a Delaware Notice of Intent
- Send Even If Not Required
The Notice of Intent is optional but effective. It’s a low-cost, low-effort step that often results in quicker payment. - Notify the Hiring Party as Well
If your contract is with a GC or another contractor rather than the property owner, send them a copy. General contractors are often contractually bound to keep the property lien-free, and your notice could pressure them to settle your claim.
File the Mechanics Lien If Necessary
If payment is not made, proceed with filing a mechanics lien. Under Delaware law, mechanics liens remain the most effective statutory tool for recovering unpaid construction debts.