Bond or Lien Claim-Private Work

Warning: All information contained within this data base is subject to change at any time by the various states and is not guaranteed in any way by FWM Software. Nor does FWM Software assume any liability or responsibility for it's content. Please use in conjunction with advice from your attorney.

Note: This information is limited in scope and applies only to this document. Please see the general information, all forms memo, and the general information memo for this type of document, for additional information.

Document Title: Statement of Claim.

Scope: State of Delaware, Private Works.

Time Constraints: When to file depends on your relationship to the owner:

Prime Contractors: Your Statement of Claim can be filed no sooner than 90 days after the completion project or Notice of Cession. After this time period your claim must be filed with the Office of the Prohonorary (County Clerk) within 30 days.

Subcontractors and Material men: Your Statement of Claim must be filed with the Office of the Prohonorary (County Clerk) of the county where the project resides within 90 days of the last furnishing of materials or services.

Equipment Lessors/Rental Contractors: You may have no lien rights unless you have provided an operator for your equipment. Delaware law provides lien rights only to those who provide labor or material to a project.

Perfection: To perfect your mechanic's lien, you must file suit to foreclose the lien within 1 year of the filing of the Statement of Claim. The Writ of Scire Facias should be handled by an attorney in the State of Delaware.

Payment Bond: Where a Payment Bond has been provided by a surety, after you have filed your Mechanic's Lien file suit against the sureties within the time frame set forth in the bond.

Lien Bonds: While no specific bonding remedy is provided to owners for liens, owners may withhold funds from prime contractor to pay judgments by subcontractors and material men. Further, owners/occupiers of single family residence who is WITHOUT notice of subcontractor's claim may avoid a subcontractor lien on his residence by paying the prime contractor in full and obtaining an executed certification from the prime contractor that all subcontractors and suppliers were paid.

The usual remedy is to file to enforce all claims in one suit (see below, Procedures). In any case, we strongly recommend that you attorney hanlde the enformcent actions to perfect you lien claims.

Information Requirements: Program information and information for Exhibits A-D, any additional costs as to legal fees, court costs and interest charges (don't pass these up Estimate if necessary. In the case of Stop Notices and Bond Claims, the lenders or sureties will reserve only the amount for which you make claim), and the name of the county where the project resides (optional).

Form Types: Statement of Claim, Exhibit's A-D, if needed and Recorder’s Letter.

Procedures: Prepare your documents using the required information. You can file your mechanic's lien immediately with the Office of the Prohonorary (County Clerk). At this point you are ready to file suit to enforce all of your claims in one action.

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