Delaware Lien Waiver Guide
Delaware accepts custom lien waiver forms. No statutory forms are mandated.
Key Information
Waiver Type
Non-Statutory
Filing Deadline
60 days from last work performed or materials furnished
Notice Requirements
Subcontractors must file a sworn statement of claim within 60 days of last work.
Key Statutes
Del. Code Ann. tit. 25, §2701 et seq.
Waiver Types in Delaware
Conditional Waiver on Progress Payment
Waives lien rights for a specific progress payment, but only upon actual receipt of payment. Protects the claimant if the check bounces or payment fails.
Unconditional Waiver on Progress Payment
Immediately and unconditionally waives lien rights for a specific progress payment amount, regardless of whether payment has actually been received.
Conditional Waiver on Final Payment
Waives all lien rights upon receipt of the final payment. The waiver is conditioned on actual receipt of the specified final payment amount.
Unconditional Waiver on Final Payment
Immediately and unconditionally waives all lien rights. This is the most comprehensive waiver and should only be signed after final payment is confirmed in your account.
Delaware Lien Waiver Rules
Delaware does not require statutory waiver forms. Custom waivers are used. The state has a relatively short lien filing deadline, so timely waivers and payments are critical. Waivers should be exchanged promptly with progress payments.
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