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Frequently Asked Questions - Delaware Mechanics Lien

Delaware 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.

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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.

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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.

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Can you file a Delaware mechanics lien without a pre-lien notice?

Yes.

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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.

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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 $290.00.  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.

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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.

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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.

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

LienItNow.com prepares and serves Delaware Stop Notices for a fee of $125.00. 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.

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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 $250.00. 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.

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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 $85.00. 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.

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Can I file a Bond Claim on a Delaware Project?

LienItNow.com prepares, files and serves Delaware Bond Claims for a fee of $275.00. 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.

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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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