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Can a tree company file a mechanics lien?

Anonymous General Contractor

We’re a tree company in DE that removed a storm damaged tree and trimmed an additional tree on a residential property. Is tree work protected under a mechanics lien?

3 replies

Matt Viator

Construction Lawyer

Levelset Admin at Levelset

| 997 reviews

Aug 5, 2020

Delaware's mechanics lien statute doesn't explicitly discuss tree work when laying out who does and does not have the right to file a mechanics lien. Arguably, the removal of trees might potentially be construed as an "alteration" of the property, giving rise to lien rights. However, note that in Browning-Ferris, Inc. v. Rockford - the court found that removal, in and of itself, doesn't constitute alteration. So, it'd be wise to be cautious when deciding whether to file a lien for removal services. As for trimming - that would likely not constitute a permanent improvement to the property since that more closely resembles maintenance-type work. With that being said, if you feel a mechanics lien may be appropriate for the work you've done, then first threatening to file a lien (via Notice of Intent to Lien) could lead to payment. More on that here: What is A Notice of Intent to Lien And Should I Send One? And, if you believe pursuing a lien claim is appropriate, then this article will be useful: Delaware Mechanics Lien Guide and FAQs. What's more, it may be worth identifying non-lien recovery options, too, like invoice reminders, demand letters, and legal claims (like breach of contract or under the DE prompt payment laws).

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Lulu Florence

Sep 4, 2021

If the county fire dept tells you to remove trees, or other plants, for wildfire prevention, from you're house, and you can't, because you are a senior on a low fixed income, and can't pay to have the work done, can THE COUNTY PUT A LIEN ON YOUR HOUSE?

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