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Delaware - Sussex County Notice of Mechanics Lien Forms

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Form Package
Notice of Mechanics Lien
State
Delaware
Area
Sussex County
Price
$27.97
Delivery
Immediate Download

Payment Information

Included Forms

All Sussex County specific forms and documents listed below are included in your immediate download package:


Sussex County Notice of Mechanics Lien Form Page 1

Notice of Mechanics Lien Form - Sussex County

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 8/22/2022

Sussex County Notice of Mechanics Lien Guide Page 1

Notice of Mechanics Lien Guide - Sussex County

Line by line guide explaining every blank on the form.
Included document last updated 5/27/2022

Sussex County Completed Example of the Notice of Mechanics Lien Document Page 1

Completed Example of the Notice of Mechanics Lien Document - Sussex County

Example of a properly completed form for reference.
Included document last updated 9/16/2022

Frequently Asked Questions:

  • How long does it take to get my forms?
    • Forms are available immediately after submitting payment.
  • What are supplemental forms?
    • Often when a deed is recorded additional documents are required by Delaware or Sussex County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
  • How do I get my forms, are they emailed?
    • After you submit payment you will see a page listing the Sussex County forms you ordered with a download link to the pdf form file. You download the forms to your computer. You will also receive an email with a link to your download page in case you need it later.
  • What type of files are the forms?
    • All of our Sussex County Notice of Mechanics Lien forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
  • Can the Notice of Mechanics Lien forms be re-used?
    • Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Sussex County that you need to transfer you would only need to order our forms once for all of your properties in Sussex County.
  • Are these forms guaranteed to be recordable in Sussex County ?
    • Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Sussex County including margin requirements, content requirements, font and font size requirements.
  • Do I have to enter all of my property information online?
    • No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
  • Can I save the completed form, email it to someone?
    • Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
  • Do I need any special software to use these forms?
    • You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
  • Are there any recurring fees involved?
    • No. Nothing to cancel, no memberships, no recurring fees.

Areas covered by these Notice of Mechanics Lien Forms:

  • Sussex County

Including:

  • Bethany Beach
  • Bethel
  • Bridgeville
  • Dagsboro
  • Delmar
  • Dewey Beach
  • Ellendale
  • Fenwick Island
  • Frankford
  • Georgetown
  • Greenwood
  • Harbeson
  • Laurel
  • Lewes
  • Lincoln
  • Milford
  • Millsboro
  • Millville
  • Milton
  • Nassau
  • Ocean View
  • Rehoboth Beach
  • Seaford
  • Selbyville

What is the Delaware Notice of Mechanics Lien?

Mechanic's Liens are used to encumber the title to an owner's property when a contractor, materials supplier, or other laborer such as a subcontractor has not been paid for labor, materials, or equipment provided. In Delaware, this is accomplished by filing a Statement of Lien Claim.

Under 25 DEL. LAWS, C. 27, 2712(a), every person entitled to the benefits conferred by the mechanic's lien act and desiring to avail himself or herself of the lien provided for by state law, shall, within the time specified in this chapter, file a statement of claim, which may also serve as a complaint when so denominated, in the office of the Prothonotary of the Superior Court in and for the county wherein such structure is situated.

In addition to meeting local standards for content and format, the complaint and/or statement of claim shall set forth: (1) The name of the plaintiff or claimant; (2) The name of the owner or reputed owner of the structure; (3) The name of the contractor and whether the contract of the plaintiff-claimant was made with the owner or with the contractor; (4) The amount due; (5) The starting date for the work or materials; (6) The date the claimant's role on the project was finished; (7) The location of the structure with such description as may be sufficient to identify the same; (8) That the labor was done or the materials were furnished or the construction management services were provided on the credit of the structure; (9) The amount of plaintiff's claim (which must be in excess of $25.00) and that neither this amount nor any part thereof has been paid to plaintiff; and (10) The amount which plaintiff claims to be due him on each structure. 25 DEL. LAWS, C. 27, 2712(b).

The complaint and/or statement of claim must include the affidavit of the plaintiff-claimant that the facts therein are true and correct. 25 DEL. LAWS, C. 27, 2712(c).

Timely filing must take place within 180 days of any of the following: (1) the date of purported completion of all the work called for by the contract as provided by the contract if such date has been agreed to in the contract itself; (2) The date when the statute of limitations commences to run in relation to the particular phase or segment of work performed pursuant to the contract, to which phase or segment of work the statement of claim relates, where such date for such phase or segment has been specifically provided for in the contract itself; (3) the date when the statute of limitations commences to run in relation to the contract itself where such date has been specifically provided for in the contract itself; (4) the date when payment of 90% of the contract price, including the value of any work done pursuant to contract modifications or change orders, has been received by the contractor; (5) the date when the contractor submits that contractor's own final invoice to the owner; (6) with respect to a structure for which a certificate of occupancy must be issued, the date when such certificate is issued; (7) the date when the structure has been accepted, as provided in the contract, by the owner; (8) the date when the engineer or architect retained by the owner issues a certificate of completion; or (9) the date when permanent financing for the structure is completed. 25 DEL. LAWS, C. 27, 2711(a)(2).

All other persons embraced and entitled to avail themselves of the liens herein provided shall file a statement of their respective claims within 120 days from the date from the completion of the labor performed or from the last delivery of materials furnished by them respectively. 25 DEL. LAWS, C. 27, 2711(b). A statement of claim on behalf of such person shall be deemed timely if it is filed within 120 days of either of the following: (1) The date final payment, including all retainage, is due; or (2) The date final payment is made to the contractor who has contracted directly with the owner; and with whom such person has a contract, express or implied, for the furnishing of labor or materials, or both, in connection with the project. Id.

This article is provided for informational purposes only and is not legal advice. Please speak with a licensed attorney with any questions about Delaware mechanic's lien law or for assistance with filing a claim of lien.

Our Promise

The documents you receive here will meet, or exceed, the Sussex County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

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