What is the deadline to file a mechanic’s lien in Delaware?
In Delaware, a contractor who contracted directly with the owner and furnished both labor and material must file a statement of claim with the Prothonotary of the Superior Court within 180 days after the structure is completed. The statute treats the claim as timely if filed within 180 days of any of several listed events, including the contract’s agreed completion date, receipt of 90% of the contract price, the contractor’s final invoice, or issuance of the certificate of occupancy. The statement of claim may also serve as the complaint, and the claim is then pursued by writ of scire facias in the Superior Court. No lien may be obtained on a property used solely as the owner’s residence once the owner has made full or final payment to the contractor in good faith. A subcontractor or supplier often has different notice requirements and deadlines. This is 25 Del. C. §§ 2707, 2711, 2712, 2714.
| What | Delaware |
|---|---|
| Deadline to file the lien | 180 days after completion of the structure |
| Who this deadline is for | A contractor hired directly by the owner |
Source
25 Del. C. §§ 2707, 2711, 2712, 2714
Read the statute in the Delaware Code (Delaware General Assembly): delcode.delaware.gov.
Checked against the statute on November 13, 2026.
This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.
How Seayora uses this rule
A contractor on Seayora keeps every job’s dates, its estimate, its invoices and its payments in one record, so the date work was last performed and the amount still owed are on file when a lien deadline is counted.
Guides on this rule
- Mechanic’s Lien Deadlines by State: When to File — Mechanic’s lien filing deadlines in all 50 states and DC, when each clock starts, and the notice a statute requires before filing.
Compare this rule in every state
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The same question in other states
- Alabama
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- District of Columbia
- Florida
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