Delaware Lien Waiver Rules
- Rules At A Glance
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No Specific Form
Delaware does not require the use of a specific lien waiver form. Any form may be used.
Notarization Not Required
Delaware does not require that lien waivers be notarized, and there is no practical benefit to doing so.
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.
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.
