Pre-lien Notice / Notice to Owner

DELAWARE NONSTATUTORY PAYMENT NOTICE / LIEN-CLAIM INTAKE

(25 Del. C. Ch. 27 – Mechanics’ Liens)

TABLE OF CONTENTS

1. Document Header ............................................... 2
2. Recitals ...................................................... 2
3. Definitions ................................................... 2
4. Operative Provisions .......................................... 3
5. Representations & Warranties .................................. 4
6. Covenants ..................................................... 4
7. Default & Remedies ............................................ 4
8. Risk Allocation ............................................... 5
9. Dispute Resolution ............................................ 5
10. General Provisions ........................................... 5
11. Execution Block .............................................. 6
12. Attachment A – Statutory Form Notice Language ................ 7
13. Attachment B – Proof of Service Affidavit (Optional) ......... 8

1. DOCUMENT HEADER

Notice Title: DELAWARE NOTICE TO OWNER / PRE-LIEN NOTICE
Effective Date: [EFFECTIVE DATE]
Claimant (Sender): [LEGAL NAME OF CONTRACTOR/SUBCONTRACTOR/SUPPLIER]
Owner (Recipient): [LEGAL NAME OF PROPERTY OWNER(S)]
Prime Contractor (if Claimant is not the Prime): [PRIME CONTRACTOR NAME]
Project: “[PROJECT NAME / BRIEF DESCRIPTION]”
Project Location: [STREET ADDRESS, CITY, COUNTY, DE ZIP] – see full legal description below
Governing Law: State of Delaware Mechanics’ Lien Law (25 Del. C. Ch. 27)
Forum Selection: Exclusive jurisdiction in the courts of the State of Delaware

2. RECITALS

A. Owner owns or has legal title to the real property commonly known as “[PROJECT ADDRESS]” and more fully described in Section 3.

B. Claimant has entered into (or contemplates entering into) an agreement (the “Contract”) to furnish labor, services, equipment, and/or materials for improvement of the Project.

C. Section 2702(b) describes categories of lienable labor and materials. It does not create a residential preliminary-notice form or a pre-work notice deadline.

D. This document is a nonstatutory payment notice and an intake aid. Sending it does not perfect, extend, or preserve a Delaware mechanics' lien. A lien claimant must timely file the statement of claim required by 25 Del. C. §§ 2711–2712 in Superior Court.

3. DEFINITIONS

“Claimant” The person or business entity issuing this Notice and claiming mechanics’ lien rights.

“Contract” The written or oral agreement between Claimant and Owner (or Claimant and the Prime Contractor, as applicable) for the performance of Work on the Project.

“Owner” The record owner(s) or reputed owner(s) of the Property.

“Property” The real property on which the Project is located, legally described as:
[INSERT FULL LEGAL DESCRIPTION OR ATTACH EXHIBIT]

“Project” The construction, alteration, or repair work being performed on the Property.

“Work” All labor, services, equipment, and materials furnished or to be furnished by Claimant to the Project.

4. OPERATIVE PROVISIONS

4.1 Nonstatutory Payment Notice.
(a) Claimant states that payment described below remains due for labor or material furnished to the Project.
(b) This document is not the statement of claim filed under 25 Del. C. § 2712 and is not a substitute for filing in Superior Court.

4.2 Payment Information.

4.3 Delivery Record.
Because this is a nonstatutory notice, Chapter 27 does not prescribe a delivery method for it. Record the actual delivery method and retain proof:

☐ Personal delivery

☐ Certified or registered mail

☐ Delivery service with tracking

4.4 No Preservation Effect.
Delivery of this notice does not change the filing periods in 25 Del. C. § 2711.

5. REPRESENTATIONS & WARRANTIES

5.1 Authority. Claimant represents that the individual executing this Notice is duly authorized to do so and that, to the best of Claimant’s knowledge, the information contained herein is true, correct, and complete in all material respects.

5.2 No Waiver. Nothing contained in this Notice shall be construed as a waiver or release of any lien rights, payment claims, or contractual remedies that Claimant may possess under applicable law.

6. COVENANTS

6.1 Duty to Notify of Disputes. Owner shall promptly notify Claimant in writing of any documented dispute regarding the amount or quality of Work furnished.

6.2 Duty to Furnish Information. Upon written request, Owner shall provide Claimant with the name and address of any lender, surety, or other party holding an interest in the Property that could affect Claimant’s lien rights.

7. DEFAULT & REMEDIES

7.1 Events of Default. Each of the following shall constitute an “Event of Default”:
 (a) Owner’s failure to pay any undisputed sums when due under the Contract; or
 (b) Owner’s breach of any covenant set forth in Section 6.

7.2 Remedies. Subject to all statutory requirements, Claimant may:
(i) 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 for the county where the structure is situated within the applicable period in 25 Del. C. § 2711;
 (ii) Commence an action to foreclose the lien and cause the Property to be sold to satisfy unpaid amounts; and
 (iii) Recover court costs, interest, and reasonable attorneys’ fees as permitted by statute or contract.

8. RISK ALLOCATION

8.1 Limitation of Liability. To the fullest extent permitted by law and except for willful misconduct or fraud, Claimant’s aggregate liability to Owner arising out of or relating to this Notice shall not exceed the total value of Work actually performed or furnished by Claimant at the time a claim arises.

9. DISPUTE RESOLUTION

9.1 Governing Law. This Notice and any disputes arising hereunder shall be governed by, and construed in accordance with, the laws of the State of Delaware without regard to its conflict-of-laws provisions.

9.2 Forum Selection. The parties irrevocably submit to the exclusive jurisdiction of the state courts located in the county where the Property lies for any action relating to this Notice or enforcement of any mechanics’ lien.

9.3 Injunctive Relief. Nothing in this Section shall limit Claimant’s right to seek equitable relief, including but not limited to an injunction to compel compliance with statutory requirements or preserve lien rights.

10. GENERAL PROVISIONS

10.1 Amendment; Waiver. No amendment of this Notice shall be effective unless in writing and signed by Claimant. No waiver of any right shall be effective unless in writing and shall not be deemed a waiver of any future breach.

10.2 Severability. If any provision of this Notice is held unenforceable, the remaining provisions shall remain in full force and effect, and such unenforceable provision shall be reformed to the limited extent necessary to render it valid.

10.3 Counterparts; Electronic Signatures. This Notice may be executed in multiple counterparts and delivered electronically (including PDF and electronic signature platforms), each of which shall be deemed an original and all of which together shall constitute one instrument.

11. EXECUTION BLOCK

IN WITNESS WHEREOF, the undersigned Claimant has executed and delivered this Delaware Notice to Owner / Pre-Lien Notice effective as of the date first written above.

12. DELAWARE FILING CHECKLIST

☐ Determine whether Claimant contracted directly with the owner and furnished both labor and material, or falls within another claimant category under § 2711.

☐ Calendar the applicable § 2711 deadline: direct contractors described in § 2711(a) generally file within 180 days after completion; other lien claimants generally file within 120 days from completion of their labor or last delivery of materials, subject to the statute's detailed timing provisions.

☐ Prepare every item and attachment required by § 2712.

☐ File with the Prothonotary of the Superior Court in the county where the structure is situated.

☐ If the owner has demanded a list under § 2705, furnish a complete and accurate written list within 10 days; failure triggers the consequences stated in that section.

13. ATTACHMENT B – PROOF OF SERVICE AFFIDAVIT (OPTIONAL BUT RECOMMENDED)

State of Delaware
County of [________________________________]

BEFORE ME, the undersigned Notary Public, personally appeared [AFFIANT NAME], who, being duly sworn, deposes and says:

1. I am over eighteen (18) years of age and competent to testify to the matters set forth herein.
2. I am employed by or otherwise authorized to serve notices on behalf of [CLAIMANT].
3. On [DATE OF SERVICE], I served the foregoing Delaware Notice to Owner / Pre-Lien Notice, together with all attachments, upon [OWNER NAME] by:
 ☐ Personal delivery to [NAME], an authorized representative of Owner, who acknowledged receipt;
 ☐ Certified mail, return-receipt requested (Postal Article No. ☐); or
 ☐ Overnight courier (Tracking No. ☐).

4. Attached hereto is the signed receipt / delivery confirmation evidencing service.

I declare under penalty of perjury under the laws of the State of Delaware that the foregoing is true and correct.

__________________________________
[AFFIANT SIGNATURE]
[AFFIANT PRINTED NAME]
Date: _____________________________

Subscribed and sworn to before me on ___________________, 20____.

__________________________________
Notary Public
My Commission Expires: ___________________

SOURCES AND REFERENCES

• 25 Del. C. ch. 27, subchapter I: https://delcode.delaware.gov/title25/c027/sc01/index.html
• 25 Del. C. ch. 27, subchapter II: https://delcode.delaware.gov/title25/c027/sc02/index.html