Painted a patio. Did not cover stains and us now threatening a mechanics lien
1 reply
Aug 13, 2020
There's been a lot of litigation in Delaware over what constitutes a "structure" that is subject to mechanics lien rights. Generally, if the work permanently improves land and there's a sufficient relationship between that improvement and a "structure," lien rights are typically available. So, it would seem that improving a patio and sidewalk that's attached to or adjacent to a building would give rise to lien rights if the work was strictly done for the benefit of that structure. Cases involving town homes, condominiums, etc. could raise some question marks, though.
With that being said, defining a "structure" is a complex issue in Delaware. And, it'd be wise to consult with a local lawyer for help sussing out whether mechanics lien rights are appropriate. You can begin that search here: Top Delaware Construction Lawyers. For further discussion on DE lien claims: Delaware Mechanics Lien Guide and FAQs.
Finally, these resources should be useful: (1) I Just Received a Notice of Intent to Lien – What Should I Do Now?; and (2) A Mechanics Lien Was Filed on My Property – What Do I Do Now?