Lien deadlines · Delaware

Delaware mechanics lien deadlines: notice, lien and suit (2026)

By Oussama Chicha, EditorUpdated Checked against primary sources · not yet reviewed by a licensed professionalFact-checked
Quick answer

Lien filing, for a contractor that contracted directly with the owner or reputed owner and furnished both labor and material, or construction management services in connection with them: 180 days after the structure is completed (25 Del. C. § 2711(a)). For all other persons: 120 days after the claimant's labor was completed or its last materials were delivered (§ 2711(b)). Deadline to sue: §§ 2712(a) and 2714(a).

Delaware · Lien deadlinesVerified 2026-10-02
Lien filing
For a contractor that made its contract directly with the owner or reputed owner and furnished both labor and material for the structure, or provided construction management services in connection with them: Direct contractor: 180 days after the structure is completed; For all other persons, apart from the contractor described in 25 Del. C. § 2711(a): 120 days after the claimant's labor was completed or its last materials were delivered; For labor of less than $100, where the claim is filed with a justice of the peace under subchapter III: Direct contractor, Subcontractor, Sub-subcontractor, Laborer: Only after 20 days from the claimant's last labor have expired, and within 10 days after that
Preliminary notice
None required
Deadline to sue
The statement of claim, filed within the time set for it, may also serve as the complaint. The proceedings to recover the amount of the claim are by writ of scire facias

Preliminary notice

WhoProject typeBranchDeadlineStatute
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, LaborerAnyDefaultNone requiredStatute: 25 Del. C. § 2712(a)
(a) Every person entitled to the benefits conferred by this chapter and desiring to avail said person’s own self of the lien provided for in this chapter, shall, within the time specified in this chapter, file a statement of claim, which may also serve as a complaint when so denominated, in the office of the Prothonotary of the Superior Court in and for the county wherein such structure is situated.
25 Del. C. § 2712(a) · Official text · retrieved 2026-10-02

Lien filing

WhoProject typeBranchDeadlineStatute
Direct contractorAnyFor a contractor that made its contract directly with the owner or reputed owner and furnished both labor and material for the structure, or provided construction management services in connection with them180 days after the structure is completedStatute: 25 Del. C. § 2711(a)(1); 25 Del. C. § 2711(a)(2)
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, LaborerAnyFor all other persons, apart from the contractor described in 25 Del. C. § 2711(a)120 days after the claimant's labor was completed or its last materials were deliveredStatute: 25 Del. C. § 2711(b)
Direct contractor, Subcontractor, Sub-subcontractor, LaborerAnyFor labor of less than $100, where the claim is filed with a justice of the peace under subchapter IIIOnly after 20 days from the claimant's last labor have expired, and within 10 days after thatStatute: 25 Del. C. § 2731; 25 Del. C. § 2732
(a) (1) A contractor who: a. Has made that contractor’s contract directly with the owner or reputed owner of any structure; and b. Has furnished both labor and material in and for such structure, or has provided construction management services in connection with the furnishing of such labor and material, in order to avail contractor’s own self of the benefits of this subchapter, shall file that contractor’s statement of claim within 180 days after the completion of such structure.
25 Del. C. § 2711(a)(1) · Official text · retrieved 2026-10-02
(2) For purposes of this subsection, and without limitation, a statement of claim shall be deemed timely if it is filed within 180 days of any of the following: a. The date of purported completion of all the work called for by the contract as provided by the contract if such date has been agreed to in the contract itself; b. The date when the statute of limitations commences to run in relation to the particular phase or segment of work performed pursuant to the contract, to which phase or segment of work the statement of claim relates, where such date for such phase or segment has been specifically provided for in the contract itself; c. The date when the statute of limitations commences to run in relation to the contract itself where such date has been specifically provided for in the contract itself; d. The date when payment of 90% of the contract price, including the value of any work done pursuant to contract modifications or change orders, has been received by the contractor;
25 Del. C. § 2711(a)(2) · Official text · retrieved 2026-10-02
e. The date when the contractor submits that contractor’s own final invoice to the owner or reputed owner of such structure; f. With respect to a structure for which a certificate of occupancy must be issued, the date when such certificate is issued; g. The date when the structure has been accepted, as provided in the contract, by the owner or reputed owner; h. The date when the engineer or architect retained by the owner or reputed owner, or such other representative designated by the owner or reputed owner for this purpose, issues a certificate of completion; or i. The date when permanent financing for the structure is completed.
25 Del. C. § 2711(a)(2) · Official text · retrieved 2026-10-02
(b) All other persons embraced within this chapter and entitled to avail themselves of the liens herein provided shall file a statement of their respective claims within 120 days from the date from the completion of the labor performed or from the last delivery of materials furnished by them respectively.
25 Del. C. § 2711(b) · Official text · retrieved 2026-10-02
For purposes of this subsection, and without limitation, a statement of claim on behalf of such person shall be deemed timely if it is filed within 120 days of either of the following: (1) The date final payment, including all retainage, is due to such person; or (2) The date final payment is made to the contractor: a. Who has contracted directly with the owner or reputed owner of any structure for the erection, alteration or repair of same; and b. With whom such person has a contract, express or implied, for the furnishing of labor or materials, or both, in connection with such erection, alteration or repair.
25 Del. C. § 2711(b) · Official text · retrieved 2026-10-02
Any person having performed any labor to any amount less than $100 in or for the erection, alteration or repair of any structure or bridge, in pursuance of any contract, expressed or implied, with the owner or reputed owner of such structure or bridge or with any contractor who has contracted for the erection, alteration or repair of any structure or bridge, or any part thereof, may obtain a lien upon such structure or bridge and upon the ground upon which the same may be situated or erected in the manner provided in this subchapter.
25 Del. C. § 2731 · Official text · retrieved 2026-10-02
No person having done or performed any labor in or about the erection, alteration or repair of any structure or bridge shall be allowed to file any statement of that person’s claim before a justice of the peace until after the expiration of 20 days from the time of the last labor done or performed by that person, but, in order to avail said person’s own self of the benefits of this subchapter, the person shall file that person’s claim within 10 days after the expiration of the 20 days aforesaid.
25 Del. C. § 2732 · Official text · retrieved 2026-10-02

Deadline to sue

WhoProject typeBranchDeadlineStatute
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, LaborerAnyDefaultThe statement of claim, filed within the time set for it, may also serve as the complaint. The proceedings to recover the amount of the claim are by writ of scire faciasStatute: 25 Del. C. § 2712(a); 25 Del. C. § 2714(a)
Direct contractor, Subcontractor, Sub-subcontractor, LaborerAnyFor a claim for labor of less than $100 filed with a justice of the peace under subchapter IIIThe transcript and judgment become a lien on the structure when entered in the Superior Court within 2 days from the date of the judgmentStatute: 25 Del. C. § 2735
(a) Every person entitled to the benefits conferred by this chapter and desiring to avail said person’s own self of the lien provided for in this chapter, shall, within the time specified in this chapter, file a statement of claim, which may also serve as a complaint when so denominated, in the office of the Prothonotary of the Superior Court in and for the county wherein such structure is situated.
25 Del. C. § 2712(a) · Official text · retrieved 2026-10-02
(a) The proceedings to recover the amount of any claim shall be by writ of scire facias.
25 Del. C. § 2714(a) · Official text · retrieved 2026-10-02
The transcript and judgment may be entered in the Superior Court of the county in which the structure is situated and, when so entered, if within 2 days from the date of the judgment, shall become a lien on such structure or bridge and upon the ground upon which the same is erected and shall relate back to the day when the labor was commenced and shall take priority accordingly.
25 Del. C. § 2735 · Official text · retrieved 2026-10-02

Residential projects

No lien may be obtained on the land or structure of an owner, used solely as the owner's residence, when the owner has made full or final payment in good faith to the contractor with whom the owner contracted. If the owner has not paid that contractor in full in good faith, the lien reaches only the balance of the payment due, shared pro rata among the claimants who perfect liens.

No lien shall be obtained under this chapter upon the lands, structure, or both, of any owner which is used solely as a residence of said owner when the owner has made either full or final payment to the contractor, in good faith, with whom the owner contracted for the construction, erection, building, improvement, alteration or repair thereof.
25 Del. C. § 2707 · Official text · retrieved 2026-10-02
If the owner has not made full payment in good faith to such contractor, the lien may be obtained in accordance with this chapter, but it shall be a lien only to the extent of the balance of the payment due such contractor, which balance or portion shall be payable pro rata among the claimants who perfect liens.
25 Del. C. § 2707 · Official text · retrieved 2026-10-02

Who the deadlines apply to

Delaware's first stage is short. The preliminary notice row reads None required for direct contractors, subcontractors, sub-subcontractors, suppliers and laborers alike, on any project type [1].

The lien filing stage holds three rules, and each one opens with a condition. The first is for a contractor that made its contract directly with the owner or reputed owner and furnished both labor and material for the structure, or provided construction management services in connection with them. Its only role is the direct contractor. The second is for all other persons, apart from the contractor described in 25 Del. C. § 2711(a), and it lists all five roles. The third is for labor of less than $100 [2], where the claim is filed with a justice of the peace under subchapter III. It names direct contractors, subcontractors, sub-subcontractors and laborers, and suppliers do not appear on it.

The deadline to sue stage splits along the same line. Its default rule names all five roles. A second rule, for a claim for labor of less than $100 [2] filed with a justice of the peace under subchapter III, names the same four roles as the third filing rule.

How the periods run

The two filing periods in subchapter II start from different events. For the contractor described in § 2711(a), the period is 180 days after the structure is completed [1], measured from the completion of the structure itself. For all other persons, it is 120 days after the claimant's labor was completed or its last materials were delivered [1], measured from each claimant's own work or deliveries.

Neither start is the only one. Each statement of claim is also timely within the same period after certain other dates the statute lists [1]: § 2711(a)(2) holds the list for the contractor described in § 2711(a), and § 2711(b) holds the dates for all other persons. The page prints both lists in full under the table. Under § 2712(a), a statement of claim under these two rules is filed in the Superior Court [1].

The third filing rule is a window, not a single day: Only after 20 days from the claimant's last labor have expired, and within 10 days after that [2]. The calculator counts no date for it, and the table shows the label in place of one.

The deadline to sue carries no counted period either. Its default rule reads The statement of claim, filed within the time set for it, may also serve as the complaint. The proceedings to recover the amount of the claim are by writ of scire facias [1].

For a claim for labor of less than $100 [2] filed with a justice of the peace, the rule is The transcript and judgment become a lien on the structure when entered in the Superior Court within 2 days from the date of the judgment [2]. The date of the judgment is not one of the calculator's inputs, so it draws no date for this rule.

How residential work is treated

Section 2707 concerns the land or structure of an owner that is used solely as that owner's residence [3]. Where such an owner has made full or final payment in good faith to the contractor the owner contracted with, no lien may be obtained on it. Where the owner has not paid that contractor in full in good faith, a lien reaches only the balance of the payment due, and that balance is shared pro rata among the claimants who perfect liens [3]. Every period in the table is listed for any project type, and none is set apart for residential work.

What changed recently

Sections 2707, 2711, 2712, 2732 and 2735 of Title 25 were last amended by 84 Del. Laws, c. 42 [1] [2] [3]. Between them, those sections hold the residential limit, both subchapter II filing periods, the statement of claim filed in the Superior Court, the justice of the peace window and the rule on entering the transcript and judgment.

Related

Lien deadlines: other states

Sources

  1. 25 Del. C. ch. 27, subch. II, Delaware Code Online (retrieved 2026-10-02)
  2. 25 Del. C. ch. 27, subch. III, Delaware Code Online (retrieved 2026-10-02)
  3. 25 Del. C. ch. 27, subch. I, Delaware Code Online (retrieved 2026-10-02)

Changelog

  1. : Page published.
  2. : 10 more jurisdictions published: Alabama, Alaska, Arkansas, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Idaho and Indiana.
  3. : Dataset first published: 9 of 51 jurisdictions published.