Mechanics lien law
Delaware lien deadlines for contractors
Updated · Checked against primary sources
The short answer
In Delaware, a prime contractor who contracted with the owner and supplied labor and materials must file a statement of claim in Superior Court within 180 days after the structure is completed. Subcontractors and suppliers have 120 days from finishing their labor or last delivery. The filed statement can serve as the complaint, and the case proceeds by writ of scire facias.
The deadlines
| Step | Rule |
|---|---|
| Preliminary notice: who | None. Delaware's mechanics' lien chapter does not require a preliminary notice from contractors, subcontractors or suppliers. |
| Preliminary notice: when | Not applicable. |
| File or register the lien | Prime contractors who contracted directly with the owner and furnished both labor and material (or construction management services): file the statement of claim with the Prothonotary of the Superior Court within 180 days after completion of the structure. The filing is also timely if made within 180 days of any listed event, including the contract completion date, the date 90% of the contract price is received, submission of the final invoice, issuance of a certificate of occupancy, owner acceptance, an architect's certificate of completion, or completion of permanent financing (25 Del. C. 2711(a)). All others, including subcontractors and suppliers: within 120 days from completion of their labor or last delivery of materials, or within 120 days of the date their final payment (including retainage) is due or the date final payment is made to the prime contractor (25 Del. C. 2711(b)). |
| Enforce or perfect it | The statement of claim may also serve as the complaint when so denominated (25 Del. C. 2712(a)). Recovery proceeds by writ of scire facias, served on the owner and left with a resident or posted on the structure (25 Del. C. 2714, 2715). Subchapter II sets no separate later deadline to start foreclosure because the timely filing itself commences the claim. |
| Residential jobs | No lien may be obtained against land or a structure used solely as the owner's residence when the owner has made full or final payment in good faith to the contractor. Before or at final payment the contractor must give the owner a notarized certification that all labor and materials are paid, or lien releases from everyone entitled to claim (25 Del. C. 2707). |
Other notices and rules
- Claims must exceed $25 (25 Del. C. 2702, 2712(b)(9)).
- Improvements to land alone require a signed written contract with specific terms before a lien can attach (25 Del. C. 2703).
Common questions
- Do I need to send a preliminary notice in Delaware?
- None. Delaware's mechanics' lien chapter does not require a preliminary notice from contractors, subcontractors or suppliers. Not applicable..
- How long do I have to file a lien in Delaware?
- Prime contractors who contracted directly with the owner and furnished both labor and material (or construction management services): file the statement of claim with the Prothonotary of the Superior Court within 180 days after completion of the structure. The filing is also timely if made within 180 days of any listed event, including the contract completion date, the date 90% of the contract price is received, submission of the final invoice, issuance of a certificate of occupancy, owner acceptance, an architect's certificate of completion, or completion of permanent financing (25 Del. C. 2711(a)). All others, including subcontractors and suppliers: within 120 days from completion of their labor or last delivery of materials, or within 120 days of the date their final payment (including retainage) is due or the date final payment is made to the prime contractor (25 Del. C. 2711(b)).
- How long does a Delaware lien last before I have to enforce it?
- The statement of claim may also serve as the complaint when so denominated (25 Del. C. 2712(a)). Recovery proceeds by writ of scire facias, served on the owner and left with a resident or posted on the structure (25 Del. C. 2714, 2715). Subchapter II sets no separate later deadline to start foreclosure because the timely filing itself commences the claim.
General information from the statutes cited below, checked 2026-09-24. Lien law is strict and details depend on your role and contract. Confirm with a construction lawyer in Delaware before relying on a deadline.
Where Pavado comes in
How Pavado builds a CRM around your jobs
Lien rights are usually lost to a calendar, not a court. We build CRMs that start each job's notice and lien clocks from its real start and completion dates and remind you before every deadline, so the rights you earned by doing the work are still there when a customer stops paying.
Instead of bending your shop around someone else's software, we build the system around how your jobs actually move, and connect it to what you already use.
- Your pipeline, your stages. From first call to paid invoice, set up the way your team already works.
- Automations for the busywork. Follow-ups, reminders and handoffs that happen without anyone remembering.
- One record per customer. Calls, quotes, jobs, photos and invoices in one place instead of five apps.
- Connected to your stack. QuickBooks or Xero, Gmail or Outlook, payments and e-sign, plus thousands more through Zapier and an API.
- 1.Book a free demo and walk us through how a job moves today.
- 2.We map the workflow and send a scoped proposal, free.
- 3.We build it, connect your tools and get your team using it.
The first conversation and a scoped proposal are free, and we will tell you early if we are not the right fit.
Go deeper
- GuideWhen to File a Construction Lien: 2026 DeadlinesFile while the clock runs: 30 to 60 days in Canada (60 in Ontario), 90 to 180 in most US states, counted from completion. Registering costs $200 to $500.
- GuideCustomer Short Paid the Final Invoice: 5 MovesBefore you chase the balance, decide whether to deposit the cheque. In the US, cashing one marked 'paid in full' can legally erase what you are owed.
- GuideHow to Collect a Contractor Deposit: 5 RulesMake the deposit due 3 to 5 business days before the start date, size it to your upfront spend, and check state caps: California's is $1,000, not $10,000.
- GuideProgress Payment Schedule: 6 Rules That Get PaidEight states cap what you can collect up front. California's limit is $1,000. How to build a draw schedule under your legal ceiling and stay cash positive.
Other states
- USAlabama lien deadlines
- USAlaska lien deadlines
- USArizona lien deadlines
- USArkansas lien deadlines
- USCalifornia lien deadlines
- USColorado lien deadlines
Sources
Cite this page
Pavado, “Delaware Lien Deadlines 2026: Notice and Filing”, https://www.pavadotech.com/lien-deadlines/delaware, updated 2026-09-24.