Delaware Code § 25-2707

Payment of contractor by owner of residence as a defense; certification of payment for labor and
Open in Lexace · Ask the AI about this section
materials or release of liens by contractor.
No lien shall be obtained under this chapter upon the lands, structure, or both, of any owner which is used solely as a residence of said
owner when the owner has made either full or final payment to the contractor, in good faith, with whom the owner contracted for the
construction, erection, building, improvement, alteration or repair thereof. Prior to or simultaneous with the receipt of any full or final
payment by the contractor, the contractor must provide the owner either:
(1) A notarized, verified written certification that the contractor has paid in full for all labor performed and materials furnished to
the date of such full or final payment in or for such construction, erection, building, improvement, alteration or repair or
(2) A written release of mechanics' liens signed by all persons who would otherwise be entitled to avail themselves of the provisions
of this chapter, containing a notarized, verified certification signed by the contractor that all of the persons signing the release constitute
all of the persons who have furnished materials and performed labor in and for the construction, erection, building, improvement,
alteration and repair to the date of the release and who would be entitled otherwise to file mechanics' liens claims.
Failure of the contractor to provide the owner a written certification or a release of mechanics' liens at such time shall constitute
sufficient cause for the immediate suspension, revocation or cancellation of the contractor's occupational and business licenses. If the
owner has not made full payment in good faith to such contractor, the lien may be obtained in accordance with this chapter, but it shall
be a lien only to the extent of the balance of the payment due such contractor, which balance or portion shall be payable pro rata among
the claimants who perfect liens. Payments made to the contractor by the owner after service of process, as provided in § 2715 of this
title, shall not be deemed to be "in good faith."

‹ Prev All Delaware sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.