Delaware Preliminary Notice: Why It’s Always a Good Idea to Serve It

Updated August 2025 | All statutory references in this article reflect the Delaware Code, Title 25, Chapter 27 (2024 codification)

The process of preserving your lien rights typically starts when you send a preliminary notice to the property owner. However, not all states are notice states. There are some that do not impose preliminary notice requirements on any potential mechanics lien claimants.

Delaware is one of those states — no statute requires subcontractors or suppliers to send a preliminary notice to preserve lien rights. However, under 25 Del. C. § 2702, general contractors must certify to the owner the amounts due before the owner makes payment. This statutory duty on GCs impacts subcontractors and suppliers because their payment is tied to the GC’s certification.

Even though Delaware does not require construction participants to serve a preliminary notice on the property owner, it is still a good idea to notify the owner about your participation in their construction project.

This guide details the reasons why you should serve a Delaware preliminary notice even if you are not required by law to do so.

Who Must Serve a Preliminary Notice in Delaware?

As mentioned, no construction participant is required by statute to serve a preliminary notice in Delaware. General contractors, subcontractors, and material suppliers — regardless of their contractual relationship with the property owner — are not obligated to deliver a Delaware preliminary notice in order to preserve their lien rights.

Why Serve a Preliminary Notice in Delaware?

Serving a preliminary notice has many benefits, including the following:

1. It strengthens communication with higher-tier parties
   
   Payment disputes and delays often stem from miscommunication. Serving a preliminary notice breaks the communication barrier between you and the owner or other top-tier stakeholders.
   
2. It can help you get paid faster
   
   On larger projects, owners can lose track of which contractors and subcontractors are working on their property. A preliminary notice helps ensure the owner knows you are part of the project. Consequently, they are more likely to confirm that you receive payment to avoid mechanics lien claims.
   
3. It signals that you are aware of your lien rights
   
   Some think serving a preliminary notice is threatening, but in reality, it shows you are a diligent professional aware of your legal rights. This often earns more respect from owners and general contractors.
   

How to Serve a Delaware Preliminary Notice

1. Prepare the Delaware Preliminary Notice Form
   
   Because Delaware does not have statutory preliminary notice requirements, there is no official template. In practice, preliminary notices should contain:
   

• Your name and address
• The name and address of the property owner
• The name and address of the general contractor
• The name and address of the hiring party (if different from the GC or owner)
• A brief property description sufficient for identification
• A description of the labor, materials, or services you provide or will provide
• A clear statement that payment is expected and that you retain lien rights if unpaid
  

2. Deliver the Delaware Preliminary Notice Form to the Property Owner
   
   Once prepared, deliver the notice to the property owner. While no statute prescribes service methods, best practice is personal delivery or certified mail with return receipt.
   

There is no statutory deadline for serving a preliminary notice in Delaware. Best practice is to serve it on your first day of work or within the first week. This ensures the property owner knows immediately that you are part of their project.

Best Practices When Serving a Delaware Preliminary Notice

1. Serve a Preliminary Notice Even if Not Required
   
   While not mandated, the benefits outweigh the effort. Preparing the notice also forces you to collect project details that will help if you later need to file a mechanics lien.
   
2. Serve the Notice Within the First Week of Work
   
   Early notice improves transparency and reduces payment risk. Delaying until disputes arise defeats the purpose.
   

Remember to File a Delaware Mechanics Lien if Needed

A preliminary notice is not a mechanics lien. If payment disputes arise, you must still record a lien to enforce your rights. Filing a mechanics lien under 25 Del. C. § 2711 remains the strongest remedy for nonpayment.