How to file a mechanics lien in Delaware
Unpaid for work or materials on a Delaware construction project? The claim is filed through Superior Court. Use this guide to organize the filing questions, then check the cited law against your role and project.
DE · PRIVATE CONSTRUCTION CLAIMS
The claim is filed through Superior Court.
Section 2711 distinguishes qualifying direct contractors furnishing labor and materials or construction management, with a 180-day framework, from other claimants with a 120-day framework. The statute lists additional timeliness triggers.
Notices to check before filing
Identify the correct claimant category and completion or payment event before calculating time. Do not apply the direct-contractor rule to every supplier.
Where and how to file in Delaware
Section 2712 places the statement of claim with the Prothonotary of Superior Court for the property’s county. Court pleading and enforcement requirements need attention.
A filing mistake to avoid
A generic county-recording form is not a substitute for Delaware’s statutory court claim.
Prepare your project records
Assemble the contract, final invoice, completion and acceptance records, payment history, and a detailed account of work.
- Identify who hired you and whether the property is privately owned.
- Confirm your notice obligations and the event that starts each time limit.
- Verify the owner and property description using appropriate records.
- Reconcile invoices, payments, credits, and disputed amounts.
- Keep filing and service receipts, and calendar any enforcement deadline.
After the claim is filed
Filing does not guarantee payment or establish that a disputed claim is valid. Preserve the filed document and delivery evidence. If payment arrives, arrange the required release or satisfaction. If the balance remains unpaid, seek advice about enforcement before its separate deadline expires.
Help with your unpaid construction account
This state includes a court, attachment, or arbitration step that may require legal assistance. Ask support to confirm what administrative help is available before buying a lien service. Court representation and legal advice are outside The Credit App’s administrative recording service.
Review the lien service · Compare service fees · Ask support about your project
Sources for Delaware lien requirements
Delaware Code, Title 25, §§2711–2712
Sources checked September 23, 2026. This is a general guide to private construction claims, not a calculation of your deadline or legal advice. The cited edition and later amendments must be checked for your project.
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