Delaware Preliminary Notice Guide and FAQs

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Delaware Preliminary Notice FAQs

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Delaware Preliminary Notice Rules
At A Glance


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Preliminary notice not required in WV
Preliminary Notices Are Required

Delaware is a state that does not require any type of preliminary notice.


N/A
GCs Not Required to Send Notice

General Contractors are not required to send a preliminary notice.


N/A
Subcontractors Not Required Send Notice

Subcontractors are not required to send a preliminary notice.


N/A
Suppliers Not Required Send Notice

Suppliers and equipment lessors are not required to send a preliminary notice.

Preliminary notice not required in WV
Preliminary Notice Not Required

Delaware does not require preliminary notices to be sent in order to make a claim for payment against a payment bond or otherwise on a public project.


X
N/A

On public jobs, any claims for non-payment are made against the general contractor's bond. Since GCs will not make a claim against their own bond for non-payment, they do not have bond claim rights, and have no preliminary notice requirement.


X
No Notice Required from Subs

Subcontractors are not required to send a preliminary notice.


X
No Notice Required from Suppliers

Suppliers are not required to send a preliminary notice.

 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.

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

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.

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.

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:

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.

 

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.

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.

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

Do I Need to Send a Delaware Preliminary Notice?

No. No preliminary notice is required in Delaware.

When Do I Need to Send a Delaware Preliminary Notice?

N/A

What if I Send the Delaware Preliminary Notice Late?

N/A

How Should the Delaware Preliminary Notice be Sent?

N/A

To Whom Must the Delaware Preliminary Notice be Given?

N/A

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Delaware Preliminary Notice Form Template

The Delaware preliminary notice form is not regulated by statute. The forms provided here for free by Levelset are compliant with the Delaware rules. You can download them for free, or use our system to send or request them easily.

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