Bond or Lien Claim-Public Work

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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.

Description: Notice of Claim on Bond and Lien for public Improvement.

Scope: State of Delaware, Public Works.

Time Constraints: Serve copies of the Notice of Claim on Bond and Lien for Public Improvement on sureties, prime contractors and public entities. Usually this should be done within 1 year of the completion or cessation of the job, but look to the bond for the actual time frame filing requirements.

Payment Bond: A bond equal to 100% of the contract price is required for all public works construction contracts requiring written agreement. If the bond does not provide time requirements, you may file suit to enforce the bond claim within 3 years after your last furnishing of labor or materials.

The usual remedy is to file to enforce all claims in one suit (see below, Procedures). In any case, we strongly recommend that your attorney handle the enforcement actions to perfect your 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. Public entities and sureties will reserve only for the amount you claim), and the name of the county where the project is performed.

Form Types: Notice of Claim on Bond and Lien for public Improvement and Exhibit's A-D, if needed.

Procedures: Prepare your documents using the required information. Serve the Notice of Claim on Bond and Lien for Public Improvement immediately on the public entities and sureties. Suit may be filed immediately thereafter.

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