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Delaware Speed Bumps

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Delaware Speed Bumps


Private Speed Bumps


  • Delaware is an FULL PRICE BALANCE lien state for commercial, UNPAID BALANCE lien state for residential projects.
  • There is no provision under 25 Del. C. chapter 27, for providers of rental equipment to protect their interests through a lien.
  • Additional remedies may be available under the state’s Construction Trust Fund statutes.

Mechanic’s Lien Speed Bumps

  • Prime Contractors: A lien claim will be deemed timely filed if it is filed within 180 of any one of the nine separate "trigger" dates. The "trigger" dates can be found at 25 Del. C. §2711 and include the following: 
    • "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;
    • The date when the statute of limitations commences to run in relation to the particular phase or segment of work performed pursuant to the contact, 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;
    • 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;
    • 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;
    • The date when the contractor submits his final invoice to the owner or reputed owner of such structure;
    • With respect to a structure for which a certificate of occupancy must be issued, the date when such certificate is issued;
    • The date when the structure has been accepted, as provided in the contract, by the owner or reputed owner;
    • 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;
    • The date when permanent financing for the structure is completed."
      25 Del. C. § 2711 Delaware Statute
  • Attorney fees and consequential damages are not allowed as part of a lien claim in Delaware.