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.
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.
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:
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.
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.
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.
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.
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.
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
Select Preliminary Notice document.
Provide basic job information.
Levelset sends the document for you. Postage included!