Filing deadline

The Statement of Claim doubles as the foreclosure complaint and is filed with the Prothonotary of the Superior Court in the county of the structure. Contractors in direct contract with the owner: 180 days, measured from any of nine statutory trigger dates (contractual completion date, contract limitation dates, receipt of 90% of the contract price, final invoice, certificate of occupancy, owner acceptance, architect's completion certificate, or completion of permanent financing) - some triggers can fall well after physical completion. All other claimants (subs/suppliers): 120 days from their own last labor/delivery, or from the date final payment (including retainage) is due to them or is made to their contractor. Punch-list/repair return trips do not extend the clock. Sub-$100 labor claims go to Justice of the Peace court in a narrow 10-day window opening 20 days after last labor.

Notice prerequisites

No pre-work notice or filing is required of any party.

Service on the owner

Within 10 days after filing, the claimant must send a copy of the claim by certified mail return-receipt to all existing lienholders on the property and to leasehold tenants. Recovery proceeds by writ of scire facias: for occupied residences a copy of the writ is left with a resident; otherwise the sheriff posts it on the front of the structure.

Enforcement

There is no separate later suit - filing the Statement of Claim/Complaint itself commences the foreclosure action, so the 180/120-day filing deadlines are effectively the suit deadlines.

25 Del. C. secs. 2701-2732 (trust fund and prompt pay at 6 Del. C. secs. 3501-3506)