Delaware Lien Waivers Guide and FAQs

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Delaware Lien Waiver FAQs

Delaware Lien Waivers Overview

Delaware Lien Waiver Rules


  • Rules At A Glance
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lien waivers not regulated
No Specific Form

Delaware does not require the use of a specific lien waiver form. Any form may be used.


lien waivers do not need to be notarized
Notarization Not Required

Delaware does not require that lien waivers be notarized, and there is no practical benefit to doing so.


icon-can't waive lien rights
Cannot Waive Rights in Contract

Delaware law states that “Any contract, any agreement or understanding” that purports to waive the right to file or enforce a mechanics lien is void as against public policy and wholly unenforceable. Waivers can be required pursuant to payment, and liens may be subordinated, however.


icon-can't waive lien rights
Cannot Waive Rights Prior to Payment

Delaware completely prohibits waiving lien rights prior to payment. However, waivers can be required pursuant to payment, and liens may be subordinated.

Delaware Lien Waivers are unregulated.  And while Delaware is a small state, a lien waiver mistake can create a big problem. When exchanging lien waivers on a Delaware construction job, contractors and suppliers want to pay close attention to the lien waiver language, form, and other details about the exchange.

While the form of therein waivers themselves are not regulated, there are regulations about the timing of when lien waivers are allowed. Delaware law states that “Any contract, any agreement or understanding” that purports to waive the right to file or enforce a mechanics lien is void as against public policy and wholly unenforceable. Waivers can be required pursuant to payment, and liens may be subordinated, however.

Below are some frequently asked questions about the lien waiver laws and requirements in Delaware.

Delaware Lien Waiver FAQs

Lien waiver laws vary from state to state. In Delaware, contractors, suppliers, lenders, and other construction job participants must pay close attention to the lien waiver documents exchanged since lien waivers are unregulated. Lien waivers are exchanged a lot in Delaware. On nearly every project across the state, job participants are attaching lien waiver forms to pay applications. It's important to get the lien waiver exchange right. Below are some frequently asked questions about the lien waiver laws and requirements in Delaware.

Common Questions & Answers About The Delaware Lien Waiver Process

Do I need to use a specific lien waiver form in Delaware?

No, there is no Delaware statutory provision requiring specific lien waiver forms.

What are the requirements for an Delaware lien waiver? What makes a lien waiver binding?

Under Delaware case law, a waiver or act equivalent to a waiver will only be binding if there is clear intention, whether express or implied, between the parties to waive.

Are Unconditional Lien Waivers Prohibited in Delaware?

There is no statutory provision prohibiting unconditional lien waivers as long as both parties have clear intention to waive.

Can a contractor or supplier waive their lien rights in their contract?

According to Delaware law, “Any contract, any agreement or understanding” that purports to waive the right to file or enforce a mechanics lien is void as against public policy and wholly unenforceable. However, a requirement for a written waiver of the right to file a mechanics’ lien pursuant to payment for the labor or materials furnished is allowable, as are lien subordination agreements.

Must Delaware lien waivers be notarized?

No. Delaware lien waivers do not need to be notarized to be effective if otherwise valid.

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Recent Questions & Answers
About Lien Waivers

IS IT UNLAWFUL FOR A GENERAL CONTRACTOR TO SIGN A LIEN WAIVER WITHOUT AUTHORIZATION OF SUBCONTRACTOR KNOWLEDGE?

IS IT UNLAWFUL FOR A GENERAL CONTRACTOR TO SIGN A LIEN WAIVER WITHOUT AUTHORIZATION OF SUBCONTRACTOR KNOWLEDGE?

Does

Does a release of lien remove a mechanics lien from property or must a satisfaction of lien be filed with the county?

Can customer refuse to pay if they received an "intent to lein"?

customer is making give them a waiver of lien before they will pay. we pay when we get paid. Can they do this?

Free Delaware Lien Waiver Template & Forms

Delaware does not have regulated lien waiver forms.  These are easy to use and easy-to-agree upon lien waiver forms that you can use on a Delaware construction job. The forms provided here for free by Levelset are compliant with the Delaware rules. You can download them free, or use our free system to send or request your compliant Delaware lien waiver form.

Delaware Final Conditional Lien Waiver Form - free from

Delaware Final Conditional Lien Waiver Form

This de final conditional waiver (also called a final conditional lien release) should be used when the final payment for a project is expected but...

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Delaware Final Unconditional Lien Waiver Form - free from

Delaware Final Unconditional Lien Waiver Form

This de final unconditional waiver (also called a final unconditional lien release) should be used when the final payment for a project has been made...

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Delaware Partial Conditional Lien Waiver Form - free from

Delaware Partial Conditional Lien Waiver Form

This de partial conditional waiver (also called a partial conditional lien release) should be used when a progress payment on the project is expected. There...

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Delaware Partial Unconditional Lien Waiver Form - free from

Delaware Partial Unconditional Lien Waiver Form

This de partial unconditional waiver (also called a partial unconditional lien release) should be used when a progress payment on the project has been received....

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