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Delaware · 25 Del. C. §§2711, 2718Delaware mechanics' lien deadlines: 180 days for contractors, 120 for others, and the relation back

In Delaware, a contractor that contracted directly with the owner or reputed owner and furnished both labor and material, or construction management services, must file its statement of claim within 180 days after the structure is completed; a claim is also timely if filed within 180 days of listed events such as the completion date agreed in the contract, receipt of 90% of the contract price, the contractor's final invoice, issuance of a certificate of occupancy, the owner's acceptance, the architect's or engineer's certificate of completion, or completion of permanent financing (25 Del. C. §2711(a)). Everyone else entitled to a lien files a statement of claim within 120 days from completion of its labor or its last delivery of materials (§2711(b)). A judgment obtained on the claim becomes a lien on the structure and land and relates back to the day the labor or materials began – or to just after a first construction mortgage was recorded, if at least half its proceeds pay for labor and materials, whichever is later (§2718(a)).

The deadlines

  1. 1. Contractor (§2711(a))

    180 days after completion – or after listed events like a certificate of occupancy.

  2. 2. Others (§2711(b))

    120 days after their last labor or delivery.

  3. 3. Relation back (§2718(a))

    A judgment's lien dates from when the work began.

  4. 4. Construction loans (§2718(a))

    Or from just after a first construction mortgage, if later.

What the TC can do

  • If the seller had work done within the filing window, ask for lien waivers from the contractor and subcontractors.
  • Send any recorded lien to the title company before closing.
  • Keep the waivers in the deal file.

Questions about mechanic's liens

How long does a Delaware contractor have to file a mechanics' lien claim?

180 days after completion of the structure, or after one of the listed events such as a certificate of occupancy or the final invoice (25 Del. C. §2711(a)).

Why does a Delaware lien matter even after a sale closes?

A judgment on a timely claim relates back to the day the work began, so recent work can affect the property after closing (25 Del. C. §2718(a)).

Add a task in ClosingCode for lien waivers from recent contractors, with an owner and a due date before closing.

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Source: 25 Del. C. §§2711 and 2718 (delcode.delaware.gov, read October 26, 2026).

General information, not legal advice. The title company decides how a lien affects the title policy. ClosingCode is software; it is not a law firm or title company. This guide is not a substitute for the advice or services of an attorney.