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How to File a Delaware Mechanics Lien Prepare the lien form. Take care to include the necessary information as required by statute. ... Record the lien. ... Send a copy to the owner. ... Notify other lien holders.
For both residential and commercial projects, general contractors and subcontractors must file a claim of lien at the county auditor's office in the county where the work was performed within ninety (90) days after the last day labor, materials, equipment or services were provided at the site.
In order to have a valid mechanic's lien for residential construction projects, notice must be posted to the Mechanic's Notice and Lien Registry (MNLR) before the balance due is paid to the general contractor or owner-builder.
A copy of the Claim of Lien must be served on the owner within fifteen (15) days from the date it is recorded. Thereafter, a lienor must file a lawsuit to foreclose the Claim of Lien within one (1) year from the date it is recorded unless a ?Notice of Contest of Lien? is served on the lienor by the owner.
Perfecting a Claim of Lien ? The claim of lien is sworn to and notarized, and must be recorded in the official records where the improved property is located. A copy must be served on the owner before recording or within 15 days thereafter.
Contesting A Lien An owner has a right to file a Notice of Contest of Lien during the one-year period. Upon the filing of a Notice of Contest of Lien, a lienor must file a lawsuit to enforce the lien within 60 days. Failure of the lienor to timely file a lawsuit renders the lien invalid.
A fraudulent lien arises when a lienor has: (1) willfully exaggerated the amount for which the lien is claimed; (2) included a claim for work not performed or materials not furnished; or (3) asserted a lien for work admittedly not performed, non-lienable items, or compiled a claim of lien with such willful and gross ...
Filing your mechanics lien with the project's county recorders' office can cost between $95 and $125, depending on the project's location. You'll have to visit the project's county clerk's office in Florida as well. Filing your own lien in Florida has varying costs.