Step 1 — Confirm the Last Date of Furnishing
Identify the final date substantial, contract-related labor or materials were provided. Punch-list work or warranty repairs generally do not extend Delaware lien deadlines.
Step 2 — Prepare the Delaware Mechanics Lien
The lien statement must strictly comply with statutory content requirements. Delaware courts do not allow “substantial compliance” when key information is missing or inaccurate.
Make sure to include the following information in your Delaware construction lien:
Claimant’s legal name and address
Property owner’s name
Hiring party’s name
Legal description of the property
Description of labor, materials, equipment, or services provided
Amount claimed as due and unpaid
Date of last furnishing
Verification or sworn statement
Step 3 — File the Delaware Construction Lien with the Prothonotary
The lien is filed with the Superior Court Prothonotary in the county where the property is located, not with a recorder of deeds. Filing must occur within 90 days of last furnishing.
Step 4 — Serve the Delaware Construction Lien Complaint
In Delaware, the mechanics lien is enforced through a court action, and service occurs as part of that lawsuit. The property owner is served with the lien complaint under Delaware civil procedure rules.
Step 5 — Enforce the Lien
If payment is not resolved, the lien must be enforced through the court action within 180 days of filing, or it expires.