Private projects
General contractors are not required to send notice on private projects.
Delaware Preliminary Notice FAQs
Last updated November 3, 2020
Sending a Delaware preliminary notice is an effective way to speed up payment on a construction project. A preliminary notice is an informational document typically sent to the property owner near the beginning of a construction project. Here's what you need to know about the rules and requirements for sending preliminary notice in Delaware.
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Delaware preliminary notice requirements for:
Public projects
General contractors are not required to send notice on public projects.
Private projects
Subs and suppliers are not required to send notice on private projects.
Public projects
Subs and suppliers are not required to send notice on public projects.
Preliminary Notice Frequently Asked Questions
Sending a preliminary notice can help even in states in which preliminary notices are not specifically required. To find out more about whether there are things to keep in mind about preliminary notices in Delaware see the Frequently Asked Questions below.
Prelim FAQs on Private Projects
https://www.levelset.com/preliminary-notice/delaware-preliminary-notice-faqs/#faq-item-do-i-need-to-send-a-delaware-preliminary-notice
Do I need to send a Delaware Preliminary Notice?
Delaware is typically a non-notice state, and as such, there are no requirements to send any preliminary notices or to send any notices of intent to lien.
https://www.levelset.com/preliminary-notice/delaware-preliminary-notice-faqs/#faq-item-when-do-i-need-to-send-a-delaware-preliminary-notice
When do I need to send a Delaware Preliminary Notice?
No preliminary notice is required.
After a Statement of Claim is filed, a Notice to Lien Holders must be sent to any other parties who hold a lien on the property within 10 days. Generally, this notice is sent along with the Statement of Claim.
https://www.levelset.com/preliminary-notice/delaware-preliminary-notice-faqs/#faq-item-when-do-i-need-to-send-a-california-preliminary-notice
When do I Need to Send a California Preliminary Notice?
The notice must be given no later than 20 days after the claimant has first furnished labor or materials to fully protect the lien claimant. A lien claimant who failed to provide a 20-day notice within 20 days of first providing labor or materials may provide the notice at a later date, but will only retain lien rights for materials and/or labor furnished within the 20 days preceding the late notice, and the labor and/or materials provided thereafter.
It’s common to wonder…what if you send notices too late, and can you send notices too early? Check out these articles:
https://www.levelset.com/preliminary-notice/delaware-preliminary-notice-faqs/#faq-item-what-if-i-send-the-delaware-preliminary-notice-late
What if I send the Delaware Preliminary Notice Late?
No preliminary notice is required.
If the Notice to Lien Holders is not sent timely, no judgment shall be entered in the lien action.
https://www.levelset.com/preliminary-notice/delaware-preliminary-notice-faqs/#faq-item-how-should-the-delaware-preliminary-notice-be-sent
How Should the Delaware Preliminary Notice be Sent?
No preliminary notice is required.
The Notice to Lien Holders should be sent certified mail, return receipt requested.
https://www.levelset.com/preliminary-notice/delaware-preliminary-notice-faqs/#faq-item-do-i-have-to-send-the-delaware-preliminary-notice-to-someone-other-than-the-owner
Do I have to send the Delaware Preliminary Notice to Someone Other than the Owner?
No preliminary notice is required.
The Notice to Lien Holders must be sent to all parties holding a lien in the property, and to all tenants of the property.
https://www.levelset.com/preliminary-notice/delaware-preliminary-notice-faqs/#faq-item-is-the-delaware-preliminary-notice-considered-delivered-when-sent-or-when-received
Is the Delaware Preliminary Notice Considered Delivered When Sent or When Received?
No preliminary notice is required.
The Notice to Lien Holders is considered delivered when received, or if not received, upon proof the notice was sent as specified by Delaware law.
Prelim FAQs on Public Projects
https://www.levelset.com/preliminary-notice/delaware-preliminary-notice-faqs/#faq-item-do-i-need-to-send-a-delaware-preliminary-notice
Do I Need to Send a Delaware Preliminary Notice?
No. No preliminary notice is required in Delaware.
https://www.levelset.com/preliminary-notice/delaware-preliminary-notice-faqs/#faq-item-when-do-i-need-to-send-a-delaware-preliminary-notice
When Do I Need to Send a Delaware Preliminary Notice?
N/A
https://www.levelset.com/preliminary-notice/delaware-preliminary-notice-faqs/#faq-item-what-if-i-send-the-delaware-preliminary-notice-late
What if I Send the Delaware Preliminary Notice Late?
N/A
https://www.levelset.com/preliminary-notice/delaware-preliminary-notice-faqs/#faq-item-how-should-the-delaware-preliminary-notice-be-sent
How Should the Delaware Preliminary Notice be Sent?
N/A
https://www.levelset.com/preliminary-notice/delaware-preliminary-notice-faqs/#faq-item-to-whom-must-the-delaware-preliminary-notice-be-given
To Whom Must the Delaware Preliminary Notice be Given?
N/A
People are asking Delaware construction attorneys:
https://www.levelset.com/payment-help/question/can-a-prelimary-notice-of-lien-be-filed-on-a-house-in-north-carolina-that-has-been-sold-but-not-yet-closed/
Can a prelimary notice of lien be filed on a house in North Carolina that has been sold but not yet closed.
If you are within your lien window, you should file the lien prior to closing.
Answered by Aaron Lay | Partner
https://www.levelset.com/payment-help/question/how-do-i-put-a-lien-on-the-property-and-sue-these-people-for-kicking-me-out-after-remodeling-and-getting-my-tools-stolen/
How do I put a lien on the property and sue these people for kicking me out after remodeling and getting my tools stolen
First, filing a lien under the circumstances you present is problematic. There are strict deadlines for noticing intent and recording your lien. Sounds to me like this is an afterthought and not within 4 months of your last date of work, but perhaps I'm wrong there. In any event, if you're seeking items from two years ago, I doubt that would go well for you under a mechanic's lien theory of recovery.
Second, it doesn't sound like there was much of an arrangement between you and the owner, this was something you were doing to improve the residence you were living in.
Third, if you're broke, what good is the mechanic's lien anyway? Even if it were valid, you'd still need to take action on it to pursue it. If they've just refi'd, I imagine the property is encumbered to a not-insignificant extent. The loan already closed, so presumably they aren't going to refi again or sell very soon. If you don't have the money to pursue a wrongful eviction, foreclosure likely isn't within your current financial ability to pursue. If you aren't going to foreclose, then you still have other claims and remedies, but I'd think you'd handle most of those claims and damages within a wrongful eviction case, should you ever have the means to pursue that case.
Answered by Neil Sullenberger | Partner
https://www.levelset.com/payment-help/question/i-have-not-been-paid-and-didnt-file-the--day-due--months-ago/
I have not been paid and didnt file the 20 day due 9 months ago
Most likely your best course of action at this point would be a demand letter and potentially a breach of contract action against the GC who has not paid you. If there is a payment bond on the project your may still have time to make a claim against this bond. But otherwise, because you did not send preliminary notice, you would not have lien rights.
Answered by Peter Ryan | Partner
Ask a construction lawyer about a Delaware Preliminary Notice
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About Delaware Preliminary Notices
A Preliminary Notice Is Actually Not Required
Delaware is a state that does not require any type of preliminary notice. However, after a Statement of Claim is filed, project participants do need to send a Notice to Lien Holders to all other parties holding a lien in the property as well as all tenants of the property via certified mail with return receipt requested. Though there is a deadline to send this notice (within 10 days from the date a Statement of Claim is filed), failure to send the notice in a timely manor is not fatal to the Delaware mechanics lien claimant’s claim. Also, a Delaware mechanics lien claimant may be required to furnish a Writ of Scire Facias.
Send a preliminary notice in Delaware (DIY)
1
Download the free notice form
The generic notice form can be used in Delaware, or any other state where notice is not required. It provides information about your company to the property owner, general contractor, and other parties in charge of payment on a construction project.
2
Fill out the form
Be careful! Accuracy is important.
Fill out the form completely and accurately. Because property owners and GCs often rely on this document to communicate with you, mistakes on this form can cause payment delays.
3
Deliver the form
Delaware doesn’t have any specific notice delivery requirements. You can deliver the notice however you see fit.
How to send a Preliminary Notice with Levelset
1
Select Preliminary Notice document.
2
Provide basic job information.
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