DEDelaware
Delaware Lien Law Deadlines for Suppliers and Subcontractors
Delaware gives suppliers and subcontractors 120 days after their last delivery or completed labor to file a sworn statement of claim with the Prothonotary of the Superior Court, which can also serve as the complaint. Delaware has no preliminary notice.
Public date calculations cover Florida and Kansas. Delaware dates require qualified review.
Risk context
Delaware is High Risk for Suppliers
Delaware's 120-day window closes on a court filing, not a simple recorded notice: the statement of claim goes to the Prothonotary of the Superior Court and can serve as the complaint. On a home used solely as the owner's residence, the lien reaches only the balance still due once the owner has made full or final payment, so waiting can leave nothing to claim.
Deadline schedule
Delaware Mechanics Lien Deadlines (Updated 2026)
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| Deadline Type | Timing | Details |
|---|---|---|
| Lien Filing | 120 days of last supplying materials | Must file lien by 120 days of last supplying materials. File a sworn statement of claim with the Prothonotary of the Superior Court; the claim must exceed $25 (25 Del. C. §§ 2711(b), 2712). |
| Alternative Start Dates | 120 days after final payment is due or made | A claim is also timely if filed within 120 days after final payment, including retainage, is due to you, or within 120 days after final payment is made to the contractor (25 Del. C. § 2711(b)). |
| Preliminary Notice | None required | Delaware's mechanics lien statute has no preliminary notice for suppliers or subcontractors. |
| Service on Owner | After filing | The sheriff serves the owner with a writ of scire facias, leaving a copy with a resident or posting it on the door (25 Del. C. § 2715). |
| Enforcement | 120 days (same as filing) | Suit to enforce must be filed within 120 days. In Delaware the statement of claim can serve as the complaint, and the case proceeds by writ of scire facias (25 Del. C. §§ 2712, 2714). |
| Special Rule for Owner-Occupied Homes | After full or final payment | On property used solely as the owner's residence, the lien is limited to the balance still due once the owner has made full or final payment (25 Del. C. § 2707). |
| Statutes | 25 Del. C. § 2701 et seq.; § 2711(a)(2); § 2711(b); § 2712; § 2707 | Also §§ 2714 and 2715 on scire facias and service. |
Supplier pitfalls
Common Supplier Mistakes in Delaware
Treating the 120 days like a recording deadline
Delaware liens are court filings. The statement of claim must be sworn and filed with the Prothonotary of the Superior Court within 120 days, so leave time to prepare it.
Waiting on an owner-occupied home
On a home used solely as the owner's residence, the lien is limited to the balance still due once the owner has made full or final payment. The longer you wait, the less may be left to claim.
Supplying a tenant's project without owner consent
A lien for work a tenant ordered needs the owner's prior written consent (25 Del. C. § 2722). Get the consent in writing before you ship.
Deadline calculator
Not Sure Which Delaware Deadline Applies?
Use this Delaware guide and collect your project facts for qualified review.
Review Delaware project factsThe public calculator provides dates only for reviewed Florida and Kansas scenarios; it does not calculate a Delaware date.
Common questions
Frequently Asked Questions
What are the Delaware lien law deadlines?
File a sworn statement of claim with the Prothonotary of the Superior Court within 120 days after your last delivery or completed labor, or within 120 days after final payment is due to you or made to the contractor. Delaware has no preliminary notice, and the statement of claim can also serve as the complaint.
What notices are required in Delaware?
No notice is required before you deliver: Delaware's mechanics lien statute has no preliminary notice. After you file the statement of claim, the sheriff serves the owner with a writ of scire facias.
When must the lien be filed in Delaware?
120 days of last supplying materials or completing your labor. The claim is also timely within 120 days after final payment, including retainage, is due to you, or within 120 days after final payment is made to the contractor (25 Del. C. § 2711(b)).
What is the enforcement period in Delaware?
120 days (same as filing). The statement of claim you file with the Prothonotary within 120 days can also serve as the complaint, and the case proceeds by writ of scire facias; the resulting judgment is the lien (25 Del. C. §§ 2712, 2714, 2718).
What statutes apply to Delaware liens?
25 Del. C. § 2701 et seq.; § 2711(a)(2); § 2711(b); § 2712; § 2707. Service and scire facias procedure are in §§ 2714 and 2715.
Are these the 2024 Delaware lien law deadlines?
This guide covers current Delaware law, reviewed in September 2026 against the official Delaware Code, rather than a 2024 snapshot. The 120-day filing window comes from 25 Del. C. § 2711(b). If your claim depends on the law as it stood in 2024, confirm the version in effect with a Delaware construction attorney.
Important note