§ 2711. Time for filing of statement of claim. (a) (1) A contractor who: a. Has made that contractor’s contract directly with the owner or reputed owner of any structure; and b. Has furnished both labor and material in and for such structure, or has provided construction management services in connection with the furnishing of […]
§ 2712. Requirements of complaint or statement of claim. (a) Every person entitled to the benefits conferred by this chapter and desiring to avail himself or herself of the lien provided for in this chapter, shall, within the time specified in this chapter, file a statement of claim, which may also serve as a complaint […]
§ 2713. Claims against 2 or more structures owned by same person. In every case in which 1 claim for labor or materials is filed by the same person against 2 or more structures owned by the same person for building, altering or repairing 2 or more structures owned by the same person, the claimant […]
§ 2714. Proceedings by scire facias; form. (a) The proceedings to recover the amount of any claim shall be by writ of scire facias. (b) The writ of scire facias used under the provisions of this chapter shall be in the form prescribed by the Superior Court. 16 Del. Laws, c. 145, § 2; Code […]
§ 2715. Issuance and service of scire facias. The writ shall be issued, returnable and served in the same manner as other writs of scire facias upon the defendant therein named, if he can be found within the county. A copy of the writ shall be left with some person residing in the structure to […]
§ 2716. Default judgment; affidavit of defense. Judgment by default may be entered for the plaintiff at such time and in the manner prescribed by the rules of the Superior Court, unless the defendant has previously filed in the cause an affidavit that the defendant verily believes there is a legal defense to the whole […]
§ 2717. Proof of work done or materials furnished as prima facie evidence of extension of credit on structure. Proof by the claimant that labor or materials, or both, was performed or furnished upon or to any structure, or immediately adjacent thereto, or that construction management services were provided in connection with the performance or […]
§ 2718. Lien of judgment. (a) Any judgment obtained under a claim made in accordance with this subchapter shall become a lien upon such structure and upon the ground upon which the same is situated, erected or constructed and shall relate back to the day upon which the labor was begun or the furnishing of […]
§ 2719. Execution by levari facias; form. The execution of every judgment under the foregoing provisions shall be by writ of levari facias in the following form: “. . . . . . . . . . . . . . . . . . . . County, ss.: The State of Delaware. To the Sheriff of said County, greeting: We command you that without any other writ from us of the following described […]
§ 2720. Division of proceeds. If the proceeds received from any sale under the writ of levari facias is not sufficient to pay in full all liens, such proceeds shall be ratably divided among the persons who have availed themselves of the provisions of this chapter without priority or preference of 1 over the other. […]
§ 2721. Savings provision for personal actions. (a) Nothing contained in this subchapter shall be construed to impair or otherwise affect the right of any person to whom any debt may be due for labor done or materials furnished to maintain any personal action against the owner or contractor of such structure to recover the […]
§ 2722. Lien where labor is done or materials furnished at instance of lessee or tenant. Nothing contained in this subchapter shall be construed to render property liable to liens under this chapter for repairs, alterations or additions, when such property has been altered, added to or repaired by or at the instance of any […]
§ 2723. Rights of owner where lien or judgment is obtained by a subcontractor. The owner of any structure built, repaired or altered by any contractor who has contracted to build, erect, alter or repair the same and furnish the materials therefor may, in case any liens are entered under this chapter upon the structure, […]
§ 2724. Entries in Mechanics’ Lien Docket. The prothonotary in each county of this State shall procure and keep a docket, to be called “The Mechanics’ Lien Docket,” in which the prothonotary shall make an entry of each claim filed, setting down therein the names of the parties, plaintiff and defendant, the amount claimed, the […]
§ 2725. Procedure where claimant institutes personal action and also proceeds under this chapter. (a) When the claimant proceeds under this chapter for availing himself or herself of that claimant’s lien and institutes any personal action for the same demand or any part thereof or for a demand of which the amount for which the […]
§ 2726. Mechanics’ lien on ship or vessel; time for filing claim; procedure. This subchapter shall also extend to labor or materials performed or furnished in the construction, alteration, furnishing, rigging, launching or repairing of any ship or vessel within this State. No bill of particulars and affidavit shall be filed more than 1 year […]
§ 2727. Auditors; powers and duties; report to Court; exceptions to report. On the return of the writ of attachment or summons the Court may, upon petition of any person claiming to have performed or furnished labor or materials at the request of the plaintiff or plaintiffs in the attachment, appoint 3 suitable persons to […]
§ 2728. Judgment on attachment; sale and distribution; suit for deficiency; return of surplus; title under sale. If the attachment has not been dissolved, as provided in this subchapter, judgment may be given for the plaintiff in the attachment at the second term after issuing the writ as in other cases of attachment, and thereupon […]
§ 2729. Discharge of lien on payment into Court or entry of security. (a) Cash deposit. — Any claim filed hereunder shall, upon petition of the owner or any party in interest, be discharged as a lien against the property whenever a sum equal to the amount of the claim shall have been deposited with […]
