Draft — not yet published. Goes live only when every statutory fact is filled AND a human has signed off (reviewed). Until then it is noindex and excluded from the sitemap.

Lien waivers by state · Delaware

Delaware lien waiver requirements

Delaware is a non-statutory state

Delaware does not prescribe a statutory lien-waiver form or any mandatory waiver language, so waivers may be freely worded. The one statutory rule is that any contract or agreement waiving lien rights in advance is void as against public policy (25 Del. C. § 2706); a valid lien waiver must be executed at the time of, or after, payment for the labor or materials supplied. Waivers do not need to be notarized.

Statute: 25 Del. C. § 2706 (waiver of lien); mechanics' lien statute generally at 25 Del. C. §§ 2701-2737

Delaware lien waiver forms

The four standard waiver-and-release types and Delaware’s rules for each.
Waiver type	Statutory form?	Notarized?
Conditional waiver and release on progress payment
Unconditional waiver and release on progress payment
Conditional waiver and release on final payment
Unconditional waiver and release on final payment

Requirements at a glance

Notarization: Delaware does not require lien waivers to be notarized to be effective if otherwise valid. (Note: the recorded mechanics' lien statement of claim itself has its own statutory requirements; this answer concerns waivers/releases.)
Mandatory statutory language: Delaware prescribes no mandatory statutory waiver form or wording; any form may be used. The only statutory constraint is timing/validity under 25 Del. C. § 2706 — pre-payment or upfront waivers of the right to file a lien are void as against public policy, so a waiver is effective only when given simultaneously with or after payment.
Electronic signatures accepted

Key Delaware deadlines

Preliminary / pre-lien notice: Not required — Delaware does not require any construction party to send a preliminary notice before filing a mechanics' lien.
Notice of intent to lien: Not required by statute — a notice of intent to lien is optional in Delaware (used as a payment-collection tool), not a statutory prerequisite to filing.
Mechanics lien filing deadline: Contractors in direct contract with the owner (GCs): within 180 days after completion of the structure (25 Del. C. § 2711(a)). Subcontractors and all other claimants: within 120 days from completion of their labor or last delivery of materials (25 Del. C. § 2711(b)). (Enforcement by writ of scire facias must follow within statutory limits.)

Delaware lien waiver FAQ

Does Delaware require a specific lien waiver form?

No. Delaware does not require a specific or statutory lien waiver form, and there is no mandated waiver language. Any reasonably worded form may be used, but it is only enforceable if given at the time of or after payment (a pre-payment waiver of lien rights is void under 25 Del. C. § 2706).

Do lien waivers need to be notarized in Delaware?

No. Delaware lien waivers do not need to be notarized to be effective if they are otherwise valid.

Can lien waivers be signed electronically in Delaware?

Yes. Delaware's Uniform Electronic Transactions Act (6 Del. C. ch. 12A) gives electronic signatures and records the same legal effect as handwritten ones, so a lien waiver may generally be signed electronically where the parties have agreed to transact electronically.

What is the deadline to file a mechanics lien in Delaware?

A general contractor in direct contract with the owner must file within 180 days after completion of the structure; subcontractors and other claimants must file within 120 days of completing their labor or last delivering materials (25 Del. C. § 2711).