Thursday, November 21, 2013

Delaware's Mechanic Lien

Liens filed on private property or on funds relating to a public project are known as Delaware mechanics' liens . When a Delaware mechanics lien is filed with regard to work performed on privately owned property, it attaches to and encumbers the fee simple ownership of property

Contractors who have a contract with an owner as well as subcontractors and suppliers who have a contract with a contractor can file a Delaware mechanics lien. Design professionals may also file Delaware mechanics liens.
Prior to filing a Delaware Mechanics Lien, a Notice of Intent to Lien should be served on the Owner.  While not required, it does often have the effect that a lien would have.
A contractor who (1) has contracted directly with the owner or reputed owner of a building and (2) has furnished both labor and material for such structure, must file its statement of claim not less than 90 nor more than 120 days following the completion of the structure. All other persons must file their statement of claim within 120 days from the last date they provided labor or materials for the Project.

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