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Delaware Mechanics Lien Frequently Asked QuestionsDelaware Lien Documents are Easy to File with LienItNow.com  What is a Delaware mechanics' lien ?Liens filed on private property or on funds relating to a
public project are known as Delaware mechanics' liens . When a
Delaware mechanics 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 Delaware
mechanics lien. Design
professionals may also file Delaware mechanics liens. Are pre-lien notices required in Delaware?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. Can you file a Delaware mechanics lien without a pre-lien notice?Yes. When should a claimant file a Delaware mechanics lien?A contractor who (1) has contracted directly with the owner
or reputed owner of a building and (2) has furnished both
labor and material for such structure, must file its
statement of claim not less than 90 nor more than 120
days following the completion of the structure.
All other persons must file their statement of
claim within 120 days from the last date they provided labor
or materials for the Project. How much does it cost to file a Delaware Notice of Intent to File Lien?LienItNow.com
prepares, files
and serves Delaware Notices of Intent to File Lien for a fee of
$250.00. Due to the complicated nature of filing
Delaware Mechanics Liens with the Court, and the requirement
that companies retain an attorney to file a petition with
the court, LienItNow.com cannot provide mechanics lien
filing services in Delaware. Do I need a written contract to file a Delaware construction lien?No. 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 for a fee of
$100.00. 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?
LienItNow.com prepares, files and serves Delaware Amendments to mechanics' lien Claims for a fee of $225.00. 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 for a fee of $75.00. 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?
LienItNow.com prepares, files and serves Delaware Bond Claims for a fee of
$250.00. 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. Do I need to file a Pre-Notice to make a claim against a Delaware payment bond?
LienItNow.com prepares, files and serves Delaware Pre-Notices for bond
claims for a fee of $50.00. 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. |
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