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If the contractor and sub are not licensed, can the sub file a lien in Delaware?

DelawareLien DeadlinesRight to Lien

Did some work in Delaware live in Maryland and client kept final draw. Not a licensed contractor in Maryland or Delaware. Served as a subcontractor in this situation. Going into 4 month disputing this draw. Anything legal I can do.

1 reply

Jan 10, 2019
Good question. First, it's worth mentioning that the lien laws of the state where work is performed are the laws that will apply. Thus, where work is performed in Delaware, Delaware's lien laws will apply. Further, the Delaware lien statute does not require a claimant to hold any particular license - so, at least for the purposes of filing a mechanics lien, the licensure of the parties involved should be irrelevant. It's also worth taking a look at the deadline to file a Delaware mechanics lien. In Delaware, claimants who do not have a direct contract with the property owner must file their mechanics lien claim within 120 days from their last furnishing. Note, though, that a lien claim will be deemed timely if it is filed within 120 days of the date final payment is due to the claimant, or within 120 days of when final payment is made to the contractor who directly contracted with the property owner. Of course, it can be hard to determine those dates. It's important to note, though, that even where the deadline to file a mechanics lien passes, there are other options available for recovery, plus the mere threat of a mechanics lien could still be effective to compel payment. For more information on Delaware's lien rules, this resource should be helpful: Delaware Lien & Notice FAQs.
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