Mechanics Lien Claim - Delaware

STATEMENT OF CLAIM — MECHANICS LIEN

State of Delaware

County of [________________________________]

IMPORTANT FILING NOTICE

File a Statement of Claim with the Superior Court Prothonotary in the county where the structure is located. A judgment on a compliant claim becomes a lien under § 2718. Section 2711 sets different filing periods for qualifying direct contractors and other claimants.

I. CLAIMANT INFORMATION

Full Legal Name of Claimant: [________________________________]

Claimant Entity Type:

☐ Individual / Sole Proprietor
☐ Corporation
☐ Limited Liability Company (LLC)
☐ Partnership
☐ Joint Venture
☐ Other: [________________________________]

Claimant Mailing Address:

[________________________________]
[________________________________]
City: [________________________________] State: DE ZIP: [____]

Claimant Phone: [________________________________]

Claimant Email: [________________________________]

Delaware Business License No. (if applicable): [________________________________]

Claimant's Role in the Project:

☐ General / Prime Contractor (direct contract with Owner)
☐ Subcontractor
☐ Sub-subcontractor
☐ Material Supplier
☐ Equipment Supplier
☐ Laborer
☐ Architect
☐ Construction Manager (verify coverage)
☐ Other: [________________________________]

II. PROPERTY OWNER INFORMATION

Full Legal Name of Property Owner: [________________________________]

Owner Mailing Address:

[________________________________]
[________________________________]
City: [________________________________] State: [____] ZIP: [____]

Owner Phone (if known): [________________________________]

Owner Email (if known): [________________________________]

III. CONTRACTOR / HIRING PARTY INFORMATION

(Complete if the Claimant does not have a direct contract with the Property Owner)

Name of Contractor Through Whom Claimant Claims: [________________________________]

Contractor's Relationship to Owner:

☐ General / Prime Contractor
☐ Subcontractor
☐ Agent of Owner
☐ Other: [________________________________]

Contractor Address:

[________________________________]
[________________________________]
City: [________________________________] State: [____] ZIP: [____]

Name of Party Who Directly Hired Claimant (if different from above): [________________________________]

IV. PROPERTY DESCRIPTION

Property Street Address:

[________________________________]
[________________________________]
City: [________________________________], Delaware [____]

County: [________________________________], Delaware

Legal Description of Property:

[________________________________]
[________________________________]
[________________________________]
[________________________________]

(Attach Exhibit A for full legal description if additional space is needed)

☐ Exhibit A — Legal Description is attached hereto and incorporated by reference.

Tax Parcel Number: [________________________________]

☐ Claimant confirms that the completed property description is sufficient to identify the structure or land affected by this claim (§§ 2703, 2712(b)(7)).

V. STATEMENT OF CLAIM

A. Basis for Lien

Pursuant to 25 Del. C. § 2702, the undersigned Claimant files this Statement of Claim for qualifying labor and/or materials furnished for the erection, alteration, or repair of the structure described above, to an amount exceeding $25.00, under a contract, express or implied. For improvements to land alone, Claimant relies on the owner-signed written contract required by § 2703 and attached to this claim. Claimant seeks the lien available upon judgment under § 2718.

B. Nature of Work Performed / Materials Furnished

Type of Structure / Improvement:

☐ New Construction
☐ Alteration
☐ Repair
☐ Improvement to land alone — attach the owner-signed written contract naming all parties and stating the land's metes and bounds, general character of work, total price, and each partial payment's amount and due date (§ 2703)
☐ Other: [________________________________]

Description of Labor Performed:

[________________________________]
[________________________________]
[________________________________]

Description of Materials Furnished:

[________________________________]
[________________________________]
[________________________________]

C. Contract Information

Type of Contract:

☐ Written Contract
☐ Oral / Implied Contract
☐ Purchase Order(s)

Original Contract Price: $[________________________________]

Change Orders / Modifications: $[________________________________]

Total Adjusted Contract Amount: $[________________________________]

VI. DATES OF LABOR AND/OR MATERIALS

Date Claimant First Furnished Labor: [__/__/____]

Date Claimant First Furnished Materials: [__/__/____]

Date Claimant Completed Labor: [__/__/____]

Date Claimant Last Delivered Materials: [__/__/____]

Date Claimant Last Furnished Labor or Materials: [__/__/____]

For a qualifying direct contractor, date and event used to determine completion under § 2711(a): [DATE; EVENT; SUPPORTING RECORD]

For any alternative § 2711(b) final-payment event relied upon: [DATE; PERSON PAID OR OWED; SUPPORTING RECORD]

VII. AMOUNT CLAIMED

Total Contract Amount (including approved changes): $[________________________________]

Total Payments Received: $[________________________________]

Credits Applied: $[________________________________]

Retainage Withheld: $[________________________________]

TOTAL AMOUNT OF LIEN CLAIMED (after deducting all credits): $[________________________________]

☐ Claimant confirms the amount due and unpaid on this claim exceeds $25 (§ 2712(b)(9)).

State the amount due and unpaid on each structure and include the contract copy or bill of particulars required by § 2712(b)(4), as applicable. The accounting above should reflect payments and credits actually received.

☐ Contract fixes amount claimed — attach a true and correct copy, including modifications and amendments (§ 2712(b)(4)).

☐ Contract does not fix amount claimed — attach a bill of particulars showing the kind and amount of labor, materials, or construction management services (§ 2712(b)(4)).

Amount due and unpaid on each structure if more than one is included: [STRUCTURE; AMOUNT] (§ 2712(b)(10)).

Date a first mortgage meeting § 2712(b)(11), if any, was recorded: [__/__/____] Recording reference: [________________________________]

☐ No first mortgage meeting § 2712(b)(11) is identified. ☐ First mortgage identified; at least 50% of its loan proceeds are used to pay for labor or materials for this structure.

Claimant states that the labor, materials, or qualifying construction management services were provided on the credit of the structure (§ 2712(b)(8)).

VIII. CLAIMANT'S CONTRACTUAL RELATIONSHIP

For Claimants in Direct Contract with Owner (25 Del. C. § 2702)

☐ Claimant has a direct contract with the Property Owner for the labor and/or materials described herein.

For Subcontractors / Suppliers Not in Direct Contract with Owner (25 Del. C. § 2702)

☐ Claimant does NOT have a direct contract with the Property Owner.

• Name of Contractor with Whom Claimant Contracted: [________________________________]
• Nature of Contractual Relationship: [________________________________]

For property used solely as the owner's residence, § 2707 can bar a lien after the owner's good-faith full or final payment to the contractor. If the owner has not made such payment, § 2707 limits the lien to the balance due the contractor. Record the owner's payment facts before asserting a lien against that property.

IX. FILING DEADLINE COMPLIANCE

Under 25 Del. C. § 2711, filing deadlines depend on the claimant's relationship:

Claimant's Applicable Deadline: [__/__/____]

Date of This Filing: [__/__/____]

☐ Claimant confirms this Statement of Claim is being filed within the applicable statutory deadline.

X. VERIFICATION / AFFIDAVIT

Affidavit of Claimant

I, [________________________________], being duly sworn upon my oath, depose and say:

1. I am the Claimant named above (or the [________________________________] of the Claimant entity).
2. I have read the foregoing Statement of Claim and know the contents thereof.
3. The facts stated herein are true and correct.
4. The amount claimed, $[________________________________], is justly due and owing after deducting all just credits and offsets.
5. The labor and/or materials described herein were furnished for the improvement of the property described above.

Under 25 Del. C. § 2712, the Statement of Claim must be supported by the affidavit of the plaintiff-claimant that the facts therein are true and correct.

Signature: ________________________________

Printed Name: [________________________________]

Title (if entity): [________________________________]

Date: [__/__/____]

XI. NOTARY ACKNOWLEDGMENT

State of Delaware
County of [________________________________]

Sworn to and subscribed before me this [____] day of [________________], 20[____], by [________________________________], who is personally known to me or who has produced [________________________________] as identification.

Notary Public Signature: ________________________________

Printed Name: [________________________________]

My Commission Expires: [__/__/____]

[NOTARY SEAL]

XII. ENFORCEMENT DEADLINES

ENFORCEMENT: Under 25 Del. C. § 2714, proceedings to recover a mechanics-lien claim are by writ of scire facias. Section 2714 does not state a 180-day deadline after filing. Determine any applicable procedural deadline from current court rules and case-specific orders before filing.

XIII. LIEN RELEASE AND BONDING PROVISIONS

A. Release or Satisfaction

After the claim is resolved and paid, Claimant will provide an appropriate release or satisfaction for the filed proceeding and any resulting judgment lien, as required by the settlement or court order. No interest, costs, or attorney's fees are automatically included in the amount claimed here.

B. Discharge by Bond

Under § 2729, the property owner or another interested party may petition for discharge of a filed claim as a lien through a cash deposit equal to the claim or court-approved security, subject to the section's affidavit and payment requirements.

C. Partial Release

If partial payment is received, Claimant will account for it in any remaining claim or agreed release.

XIV. PRIORITY OF LIEN

Under § 2718(a), a judgment on a compliant structure claim becomes a lien on the structure and ground. Its relation-back date is the later of commencement of labor or materials and, for a qualifying first mortgage funded at least 50% for labor or materials, immediately after that mortgage's recording. Section 2718(b) addresses the reach of liens for improvements to land, wharves, piers, and docks. Determine the affected land and actual priority from the statute and recorded interests before asserting a ranking.

XV. ADDITIONAL NOTICES AND DISCLOSURES

1. Minimum Amount: Under 25 Del. C. § 2702, the qualifying labor or materials must exceed $25.00 in value.
2. Owner-Used Residence: Review § 2707's good-faith full or final payment defense, balance-due limit, and contractor certification or release requirements.
3. Filing Location: The Statement of Claim must be filed with the Superior Court (Prothonotary's Office) in the county where the property is located, not with the County Recorder.
4. Accuracy: Confirm the amount claimed, dates, property, and supporting exhibits before the claimant verifies this filing.

FILING INSTRUCTIONS

1. Complete all sections of this Statement of Claim
2. Have the Claimant execute the Affidavit before a Notary Public
3. File with the Superior Court Prothonotary in the county where the structure is located. Confirm the current filing address, channel, and local procedure before filing.
4. Serve a copy on the property owner and other interested parties as required
5. Calendar the applicable § 2711 claim-filing deadline and any governing court-rule or case-specific enforcement deadlines.
6. Consult with an attorney regarding enforcement well in advance of any applicable deadline.

SOURCES AND REFERENCES

• Delaware Code Title 25, Chapter 27 — Mechanics' Liens
• 25 Del. C. § 2702 — Persons Entitled to Obtain Lien
• 25 Del. C. § 2703 — Written Contract for Improvements to Land Alone
• 25 Del. C. § 2711 — Time for Filing Statement of Claim
• 25 Del. C. § 2712 — Requirements of Complaint or Statement of Claim
• 25 Del. C. § 2714 — Enforcement by Scire Facias
• 25 Del. C. § 2707 — Owner-Used Residence Payment Defense and Limits
• 25 Del. C. § 2718 — Lien of Judgment and Relation-Back Timing
• 25 Del. C. § 2729 — Discharge by Deposit or Approved Security
• Delaware Courts: https://courts.delaware.gov
• Delaware Code Online: https://delcode.delaware.gov/title25/c027/