Delaware Notice Requirements

Private Works — No Preliminary Notice Required

Delaware is one of the states that does not require a preliminary notice as a prerequisite to filing a mechanic lien on private projects. Contractors who have a direct contract with the owner and have furnished both labor and materials are not required to serve any preliminary notice or other notice prior to filing a mechanic lien. 25 Del.C. §2711(a).

Similarly, all other persons who have performed or furnished labor or material, or both, on a private project are not required to serve a preliminary notice or any other notice before filing a Statement of Claim. 25 Del.C. §2711(b). This includes subcontractors, sub-subcontractors, and material suppliers at any tier.

Statement of Claim as the Primary Filing Mechanism

While no preliminary notice is required, Delaware law requires mechanic lien claimants to file a Statement of Claim to preserve their mechanic lien rights. The Statement of Claim functions as both the notice of the mechanic lien and the formal filing that creates the mechanic lien interest in the property.

A Statement of Claim may be filed prior to a complaint for foreclosure, or a contractor or subcontractor may file a Statement of Claim in lieu of a mechanic lien. This flexibility allows claimants to choose the most appropriate procedural path based on the circumstances of the project and the amounts owed.

Public Works — No Special Statutory Notice Provisions

For public works projects in Delaware, there are no special statutory provisions requiring preliminary notice or other formal notices as a prerequisite to asserting a bond claim. Subcontractors and materialmen on public projects are not required to serve a notice of intent to claim or similar preliminary notice. 29 Del.C. §6927.

However, claimants on public projects should still comply with the mechanic lien timelines established for private projects when asserting any available mechanic lien rights in the limited circumstances where such rights exist on public works.

Payment Bond Requirements for Public Projects

Delaware requires payment bonds for virtually all public work projects. These bonds serve as the primary mechanism for protecting the payment rights of subcontractors and material suppliers on public works, since mechanic liens against public property are available only in certain limited circumstances.

While no specific notice requirements exist under the statute for public bond claims, claimants should review the terms of the applicable payment bond carefully, as the bond itself may impose notice requirements or conditions precedent to making a claim. Compliance with any bond-specific notice provisions is essential to preserving claim rights.

Best Practices for Delaware Notice Compliance

Although Delaware does not impose preliminary notice requirements, construction professionals should adopt proactive documentation practices to protect their payment rights:

• Maintain detailed records of all labor performed, materials delivered, and dates of furnishing throughout the project
• Document the specific completion event that triggers the mechanic lien filing deadline, as Delaware defines multiple possible completion dates under 25 Del.C. §2711(a) 1-9
• Review any applicable payment bond on public projects for bond-specific notice requirements that may supplement the statutory provisions
• Keep copies of all contracts, change orders, invoices, and payment records to support a Statement of Claim if one becomes necessary
• Monitor project milestones such as certificates of occupancy, final inspections, and owner acceptance dates to track filing deadlines accurately