STATEMENT OF CLAIM — MECHANICS LIEN

State of Delaware

County of [________________________________]

IMPORTANT FILING NOTICE

In Delaware, a mechanics lien is perfected by filing a Statement of Claim in the Superior Court of the county where the property is located. Under 25 Del. C. § 2711, strict filing deadlines apply depending on whether the claimant has a direct contract with the property owner.

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 / Engineer
☐ 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: [________________________________]

Property is sufficient for identification as required by 25 Del. C. § 2712.

V. STATEMENT OF CLAIM

A. Basis for Lien

Pursuant to 25 Del. C. § 2701 et seq., the undersigned Claimant hereby claims a mechanics lien upon the above-described property for labor and/or materials furnished for the erection, alteration, or repair of a structure thereon, to an amount exceeding $25.00, in pursuance of a contract, express or implied.

B. Nature of Work Performed / Materials Furnished

Type of Structure / Improvement:

☐ New Construction
☐ Alteration
☐ Repair
☐ 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 or Materials: [__/__/____]

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

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): $[________________________________]

Under 25 Del. C. § 2712, the Statement of Claim must set forth the amount claimed after deducting all just credits.

VIII. CLAIMANT'S CONTRACTUAL RELATIONSHIP

For Claimants in Direct Contract with Owner (25 Del. C. § 2701)

☐ 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. § 2718)

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

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

Under 25 Del. C. § 2718, a subcontractor's lien may not exceed the amount due or to become due from the owner to the contractor at the time notice of the claim is given.

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 to the best of my knowledge, information, and belief.
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

CRITICAL: Under 25 Del. C. § 2714, to enforce this mechanics lien, the Claimant must issue a writ of scire facias within ONE HUNDRED EIGHTY (180) DAYS after the lien is filed. Failure to do so will result in the lien being deemed discharged.

XIII. LIEN RELEASE AND BONDING PROVISIONS

A. Release of Lien

Upon full payment of the amount claimed plus any accrued interest, costs, and attorney's fees, Claimant shall file a Satisfaction of Lien with the Superior Court where the Statement of Claim was filed.

B. Discharge by Bond

The property owner or any interested party may petition the Superior Court to discharge this lien upon the filing of a surety bond or cash deposit in an amount sufficient to secure the claim, as determined by the Court.

C. Partial Release

If partial payment is received, Claimant may file a Partial Satisfaction reducing the amount claimed accordingly.

XIV. PRIORITY OF LIEN

Under Delaware law, the mechanics lien attaches from the date materials were first delivered or labor was first performed on the property. The lien has priority over subsequent encumbrances but is subject to prior recorded liens and encumbrances and to real property tax liens.

XV. ADDITIONAL NOTICES AND DISCLOSURES

1. Minimum Amount: Under 25 Del. C. § 2701, the labor or materials must exceed $25.00 in value.
2. Residential Property: Special notice requirements may apply for owner-occupied residential property. Consult legal counsel.
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. Subcontractor Limitations: A subcontractor's lien cannot exceed the amount due from the owner to the general contractor at the time notice is given (25 Del. C. § 2718).
5. Penalties: Filing a fraudulent or grossly excessive lien may subject the claimant to liability for damages, costs, and attorney's fees.

FILING INSTRUCTIONS

1. Complete all sections of this Statement of Claim
2. Have the Claimant execute the Affidavit before a Notary Public
3. File the original with the Superior Court (Prothonotary's Office) in the county where the property is located:
   - New Castle County: Superior Court, 500 N. King Street, Wilmington, DE 19801
   - Kent County: Superior Court, 38 The Green, Dover, DE 19901
   - Sussex County: Superior Court, 1 The Circle, Georgetown, DE 19947
4. Serve a copy on the property owner and other interested parties as required
5. Calendar the 180-day enforcement deadline (writ of scire facias)
6. Consult with an attorney regarding enforcement well in advance of the deadline

SOURCES AND REFERENCES

• Delaware Code Title 25, Chapter 27 — Mechanics' Liens (25 Del. C. §§ 2701–2737)
• 25 Del. C. § 2701 — Liens for Labor and Materials
• 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. § 2718 — Subcontractors' Liens
• Delaware Courts: https://courts.delaware.gov
• Delaware Code Online: https://delcode.delaware.gov/title25/c027/