Frequently Asked Questions - Delaware Mechanics Lien

Delaware Lien Documents are Easy to File with LienItNow.com

Why Use LienItNow for Delaware Lien Documents?

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Delaware's lien process can be hard to navigate. When you have a lot of other things to get done on a construction project, you don't want to be spending time and money figuring out how to file a mechanics lien. LienItNow.com provides online mechanics lien forms to the construction industry to help contractors, sub-contractors, and material suppliers obtain a security interest in the property owner's land, and secure the payment they've worked for.

In three simple steps, you can complete Delaware notices in only 10 quick minutes. Once a time-consuming process for construction companies, LienItNow.com makes sending notices faster and easier than ever. LienItNow.com can also help you create bond claims and lien releases.

What is a Delaware mechanics' lien ?

Liens filed on private property or on funds relating to a public project are known as mechanics' liens . In Connecticut, when a construction lien is filed with regard to work performed on privately owned property, it attaches to and encumbers the fee simple ownership of property.

Who can file a Delaware mechanics lien?

Contractors who have a contract with an owner as well as subcontractors and suppliers who have a contract with a contractor can file a lien. Design professionals may also file liens.

Are pre-lien notices required in Delaware?

LienItNow strongly recommends that anyone performing work on a construction project in Delaware provide a Prelien Notice to the Owner when work commences. This helps the owner to know who is on the project, and often can help with payment. Prior to filing a Delaware Mechanics Lien, a Notice of Intent to Lien should be served on the Owner. While not required, it does often have the effect that a lien would have: i.e. payment is often made before it is necessary to file a lien.

Can you file a Delaware mechanics lien without a pre-lien notice or Notice of Intent to Lien?

Yes.

When should a claimant file a Delaware mechanics lien?

LienItNow.com provides online mechanics lien forms to help contractors, sub-contractors, and suppliers secure the payment they need. In three simple steps, complete your mechanics lien on your own time in only 10 quick minutes. Once a time-consuming process for construction companies, LienItNow.com makes filing your mechanics lien faster and easier than ever. LienItNow.com can also help you create bond claims, pre-lien notices and lien releases.

Do I need a written contract to file a Delaware construction lien?

While we always recommend having written contract to confirm the terms of the work that is going to be done, and the payments terms, Delaware does not require written contracts in order to file a mechanics lien. Implied contracts are sufficient if you have sufficient documentation to show the existence of an agreement.

How does filing a Delaware Notice of Intent to File Lien or a Delaware mechanics' lien help me get my money?

On a private project, the mechanics' lien places an encumbrance on the property that makes it difficult to resell or re-finance the property without first removing the lien.

What is a Delaware Stop Notice and why should it be filed?

LienItNow.com prepares and serves Delaware Stop Notices. A Stop Notice is a notification that has the ability to enhance the effectiveness of a mechanic's lien. A Stop Notice, or a notice to withhold funds, is sent to the company that is financing or funding the construction funds for a project. Once that company receives the Stop Notice, that company has notice that it should withhold sufficient money to satisfy the stop notice claim. The purpose of the Stop Notice is to provide the lender, financiers or funders of the construction project notice that there is money owed to a contractor, subcontractor or supplier so that an inquiry can be made as to why that money is not being paid.

What is an Amendment to a Delaware mechanics' lien Claim?

Amendments to a mechanics' lien claim are often needed when something about the claim changes. Common changes to a lien claim are increases or reductions in the amount due to the lienor, or a change to the last date of work

When should a Delaware Discharge of mechanics' lien claim be filed?

LienItNow.com prepares, files and serves Delaware Discharges of mechanics' lien Claims. Once the lienor has been paid the amount contained in its mechanics lien claim, or has come to an agreement that requires the lien claim to be removed from the property records, a Discharge of mechanics' lien Claim should be filed.

Can I file a Bond Claim on a Delaware Project?

Bond claims can only be filed on a project where the owner, contractor or subcontractor have obtained a payment bond to ensure that every contractor receives payment for the work performed on the Project. The payment bonds issued by sureties for construction projects have specific timing requirements, but most require claimants to submit claims against the bond within sixty to ninety days from the claimants' last date of work. Bond claims as or more effective than a lien claim because the payment bond acts as a guarantee that payment will be made for work properly completed. LienItNow.com prepares, files and serves Delaware Bond Claims.

Do I need to file a Pre-Notice to make a claim against a Delaware payment bond?

Depending on the terms of the payment bond, pre-notices may or may not be required. LienItNow.com recommends that, prior to or immediately after starting work or delivering materials to a project, subcontractors and suppliers, file a pre-notice that it is a potential beneficiary of the construction project's bond. LienItNow.com prepares, files and serves Delaware Pre-Notices for bond claims.

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Frequently Asked Questions - Delaware Mechanics Lien

Delaware Lien Documents are Easy to File with LienItNow.com

Watch: Liens Made Easy

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