reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 25 - Property › Chapter 22. UNIT PROPERTIES › Subchapter VIII. Miscellaneous › § 2245. Compliance phase-in.

§ 2245. Compliance phase-in.
Anything in this title to the contrary notwithstanding, if the amount held by a condominium in its repair and replacement reserve as of October 1, 2009, in lieu thereof,
(1) Constitutes less than 25% of the level of funding required for a fully funded reserve as defined in § 2202(8) of this title, then the council shall have 8 years to make the repair and replacement reserve fully funded (as defined in § 2202(8) of this title);
(2) Constitutes 25% or more, but less than 50%, of the level defined as fully funded, then the council shall have 6 years to make the repair and replacement reserve fully funded (as defined in § 2202(8) of this title); or
(3) Constitutes 50% or more, but less than 70%, of the level defined as fully funded, then the council shall have 5 years to make the repair and replacement reserve fully funded (as defined in § 2202(8) of this title).
77 Del. Laws, c. 92, §  10;  77 Del. Laws, c. 364, §  11;
2023 Delaware Code › Title 25 - Property › Chapter 22. UNIT PROPERTIES › Subchapter VIII. Miscellaneous › § 2246. Exceptions for nonresidential condominiums.

§ 2246. Exceptions for nonresidential condominiums.
A nonresidential condominium may elect to be exempt from the requirement for creating and maintaining a repair and replacement reserve pursuant to § 2211 of this title if the declaration so provides or otherwise by the vote of a majority of the unit owners. A condominium that contains units restricted exclusively to nonresidential purposes and other units that may be used for residential purposes is not subject to this section (and therefore is not required to maintain a repair and replacement reserve) unless the units that may be used for residential purposes would comprise a condominium in the absence of the nonresidential units or the declaration provides that this section applies. Nothing herein shall prevent the establishment of a condominium for residential purposes and a nonresidential condominium for the same real estate.
77 Del. Laws, c. 92, §  11;  83 Del. Laws, c. 173, § 1;
2023 Delaware Code › Title 25 - Property › Chapter 25. MORTGAGING OF LEASEHOLD INTERESTS › § 2501. Authorization and effect.

§ 2501. Authorization and effect.
(a) It shall be lawful for any lessee of any lands or premises situate in this State for a term of 10 years or more to mortgage that lessee's lease or term in the demised premises with all buildings, fixtures and machinery thereon belonging to the lessee and appurtenant to that lessee's interests with the same effect as to lien, notice, evidence and priority of payment as to the lessee's interest and title as in the case of the mortgaging of a freehold interest and title. The mortgage of such term of the lessee shall be in like manner acknowledged, recorded in the proper county and indexed in the same manner as required by law for the acknowledging, recording and indexing of mortgages covering freehold interests and titles. Such mortgage shall in no manner or in any wise interfere with the landlord's rights, priority or remedy for rent. Writs of scire facias for the enforcement of the lien of such mortgages may be sued out as in other cases. In all cases of mortgages upon leasehold estates, the mortgagees shall have the same remedies for collection thereof which mortgagees of fee simple interests in real estate have under the laws of this State for the collection of such mortgages.
(b) For purposes of this section, a lease or term of years shall be considered to be for a term of 10 years or more, if at the time of entering into the lease or term of years that is to be mortgaged, the stated term of the lease or term of years shall have been for 10 years or more (not including any renewals or extensions that may be provided for under that lease or term of years), and notwithstanding that the unexpired term of the lease or the term of years at the time of mortgaging the same is less than 10 years.
39 Del. Laws, c. 36;  40 Del. Laws, c. 216;  Code 1935, §  3386;  25 Del. C. 1953, §  2501;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 422, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 26. Commercial Real Estate Broker’s Lien Act [For application of this chapter, see 79 Del. Laws, c. 18, § 2] › § 2601. Short title [For application of this section, see 79 Del. Laws, c. 18, § 2].

§ 2601. Short title [For application of this section, see 79 Del. Laws, c. 18, § 2].
This chapter shall be known and may be cited as the “Commercial Real Estate Broker's Lien Act.”
79 Del. Laws, c. 18, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 26. Commercial Real Estate Broker’s Lien Act [For application of this chapter, see 79 Del. Laws, c. 18, § 2] › § 2602. Definitions [For application of this section, see 79 Del. Laws, c. 18, § 2].

§ 2602. Definitions [For application of this section, see 79 Del. Laws, c. 18, § 2].
As used in this chapter, the term:
(1) “Broker” means any individual who holds a broker license from the Delaware Real Estate Commission and who for a compensation or valuable consideration, is self-employed or is employed directly or indirectly by a brokerage organization to sell or offer to sell, or to buy or offer to buy, or to negotiate the purchase, sale, or exchange of real estate, or to lease or rent or offer for rent any real estate, or to negotiate leases or rental agreements thereof or of the improvements thereon for others. The broker is responsible for providing real estate services and is primarily responsible for the day to day management and supervision of a brokerage organization. “Broker” does not include any associate broker, real estate salesperson, or appraiser.
(2) “Brokerage agreement” means any written agreement for the payment for brokerage services of a broker for the management, sale, purchase, lease, or other conveyance or acquisition of commercial real estate. The brokerage agreement may be stated in any document signed by the party obligated to make payment for the services of a broker such as a listing agreement, representation agreement, property management agreement, agreement of sale, lease, option, or exchange agreement that expressly states the amount or the method of calculating the amount of compensation for the services of a broker. No oral brokerage agreements are subject to enforcement under this chapter.
(3) “Broker's lien” means the lien of a broker as permitted by this chapter.
(4) “Commercial real estate” means any estate or interest owned in:
a. Any real estate with improvements other than 1 to 4 residential units;
b. Any real estate with improvements, including 1 to 4 residential units, that has any part of the property used for non-residential purposes;
c. Land on which no buildings or structures are located and which is zoned or available for commercial, manufacturing, industrial, retail, or multifamily use;
d. Land of any zoning classification being purchased for development or subdivision other than land with 4 or fewer single-family residential lots; or
e. Real estate that is used for agricultural purposes unless the purchaser is buying the property for the purpose of continuing the agricultural use.
Notwithstanding the above, “commercial real estate” shall not include single-family residential units such as residential condominiums, townhomes, mobile homes, or homes sold, purchased, leased, or otherwise conveyed or acquired on a unit-by-unit basis even though these units may be part of a larger building or property containing more than 4 residential units unless used for nonresidential purposes.
(5) “Conveyance” or “conveying” means a sale, lease, exchange, or other transfer of any estate or interest in commercial real estate.
79 Del. Laws, c. 18, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 26. Commercial Real Estate Broker’s Lien Act [For application of this chapter, see 79 Del. Laws, c. 18, § 2] › § 2603. Right to lien [For application of this section, see 79 Del. Laws, c. 18, § 2].

§ 2603. Right to lien [For application of this section, see 79 Del. Laws, c. 18, § 2].
Upon performance of all of the duties of the real estate broker as stated in the brokerage agreement except completing settlement, the broker shall have the right to place a lien upon commercial real estate that is the subject of the brokerage agreement for the unpaid amount of compensation due the broker as stated in the brokerage agreement. The brokerage agreement must expressly:
(1) State the amount or the method of calculating the amount of compensation for the services of the broker; and
(2) State that the brokerage agreement is a binding contract under state law; and
(3) Identify the real estate that is covered by the brokerage agreement by description and/or tax parcel number.
Failure of the brokerage agreement to contain these provisions shall render the brokerage agreement ineligible for a broker's lien, but shall not otherwise affect the validity or enforceability of the brokerage agreement.
79 Del. Laws, c. 18, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 26. Commercial Real Estate Broker’s Lien Act [For application of this chapter, see 79 Del. Laws, c. 18, § 2] › § 2604. Claim of lien [For application of this section, see 79 Del. Laws, c. 18, § 2].

§ 2604. Claim of lien [For application of this section, see 79 Del. Laws, c. 18, § 2].
(a) The claim for a broker's lien shall attach to the commercial real estate upon the broker filing an affidavit and notice of broker's lien in the form required in this chapter in the office of the recorder of deeds in the county (including any incorporated or unincorporated municipality located therein) where the commercial real estate is located. If the commercial real estate is located in more than 1 county, the affidavit and notice of broker's lien shall be filed in the office of the recorder of deeds for each such county. Affidavits and notices of broker's liens shall be indexed by the name of the person or entity charged and the name of the broker claiming the lien. The index shall also include the name of the person or entity charged, and the date and time the affidavit and notice of broker's lien was filed. A fee for filing the affidavit and notice of broker's lien shall be the same as for filing a miscellaneous document and shall be paid at the time of filing. The notice of broker's lien shall be available to the public upon request. The broker who placed the lien shall within 10 days cause a copy to be served upon the person or entity charged by certified mail, return receipt requested, or process server. The return receipt or other official proof of delivery shall constitute presumptive evidence that the notice mailed was received by the party or party's agent; and notation of refusal shall constitute presumptive evidence that refusal was by the party or party's agent.
(b) If a broker has a brokerage agreement with a buyer or tenant for the buyer or tenant to compensate the broker, then the claim for lien pursuant to the notice of lien so filed according to subsection (a) of this section shall attach to the buyer's or tenant's estate or interest in the commercial real estate only upon either:
(1) The recording of the document conveying the commercial real estate to the buyer; or
(2) The signing of the lease by the landlord and tenant
whichever is applicable, and not before either of those events has occurred. Since in this instance the broker's lien only attaches to the buyer's or tenant's interest in the property, it shall not be a lien upon the seller's or landlord's interest in the property even if it was filed prior to completion of the conveyance to the buyer or tenant.
(c) Notwithstanding the filing of an affidavit and notice of broker's lien, the broker's lien shall not be enforceable or enforced except as provided in § 2610 of this title. Notwithstanding any other provision in this chapter, the affidavit and notice of broker's lien may only be filed by an attorney-at-law admitted to the bar of the Supreme Court of the State of Delaware and in good standing.
79 Del. Laws, c. 18, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 26. Commercial Real Estate Broker’s Lien Act [For application of this chapter, see 79 Del. Laws, c. 18, § 2] › § 2605. When to file the affidavit and notice of broker's lien [For application of this section, see 79 Del. Laws, c. 18, § 2].

§ 2605. When to file the affidavit and notice of broker's lien [For application of this section, see 79 Del. Laws, c. 18, § 2].
The lien shall be recorded within 90 days of the failure to pay upon completion of the duties under § 2603 of this title or the agreed upon payment schedule. The affidavit and notice of broker's lien shall be effective for 1 year following the date of filing and while any litigation concerning it is pending. For a notice of lien to be effective while a complaint is pending under § 2610 of this title, the broker is required to file a continuation of lien prior to the expiration of the current notice of lien to provide notice that litigation concerning the lien is pending. Renewal of leases that were the subject of a brokerage agreement shall restart the 90-day period in which to file the form of affidavit and notice upon failure to pay the stated compensation.
79 Del. Laws, c. 18, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 26. Commercial Real Estate Broker’s Lien Act [For application of this chapter, see 79 Del. Laws, c. 18, § 2] › § 2606. Form of affidavit and notice [For application of this section, see 79 Del. Laws, c. 18, § 2].

§ 2606. Form of affidavit and notice [For application of this section, see 79 Del. Laws, c. 18, § 2].
The affidavit and notice of broker's lien shall state the name of the broker claiming the broker's lien, the name of the record owner of the commercial real estate that is the subject of the broker's lien as stated in the brokerage agreement, the name of the tenant if the lien is upon the leasehold estate of the tenant, a description of the commercial real estate upon which the broker's lien is being claimed, the amount or method of computing the compensation for which the broker's lien is claimed, the real estate license number of the broker claiming the broker's lien, the names of the parties to the brokerage agreement, and the date of the brokerage agreement. The affidavit and notice of broker's lien shall contain a sworn statement of the person signing before a notary public that the information contained in the notice of lien is true and correct. In the event of any lien claimed against a leasehold estate of a tenant, the broker who placed the lien shall within 10 days serve a copy of the affidavit and notice of broker's lien upon the landlord of such tenant by certified mail, return receipt requested, or process server, however, the lien against the leasehold estate of a tenant shall not be a lien against the landlord's interest in the property.
79 Del. Laws, c. 18, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 26. Commercial Real Estate Broker’s Lien Act [For application of this chapter, see 79 Del. Laws, c. 18, § 2] › § 2607. Notice of lien to be mailed [For application of this section, see 79 Del. Laws, c. 18, § 2].

§ 2607. Notice of lien to be mailed [For application of this section, see 79 Del. Laws, c. 18, § 2].
The broker shall cause a copy of the affidavit and notice of broker's lien to be mailed to the record owner of the commercial real estate by certified mail, return receipt requested, or by process server, to the last known address of the owner or, if that is unknown, then to the address for the owner shown on the county real estate tax records, or, if the lien is claimed on the leasehold estate of the tenant, then to the tenant at the address shown on the lease agreement.
79 Del. Laws, c. 18, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 26. Commercial Real Estate Broker’s Lien Act [For application of this chapter, see 79 Del. Laws, c. 18, § 2] › § 2608. Lien void if not filed timely [For application of this section, see 79 Del. Laws, c. 18, § 2].

§ 2608. Lien void if not filed timely [For application of this section, see 79 Del. Laws, c. 18, § 2].
The broker's lien shall be void and unenforceable if filing does not occur within the time and in the manner required by this chapter. A broker's lien properly asserted against a seller because the seller was obligated to pay the broker, but not filed until after the deed to the buyer is recorded, shall not be a lien against the property.
79 Del. Laws, c. 18, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 26. Commercial Real Estate Broker’s Lien Act [For application of this chapter, see 79 Del. Laws, c. 18, § 2] › § 2609. Escrow of lien amount [For application of this section, see 79 Del. Laws, c. 18, § 2].

§ 2609. Escrow of lien amount [For application of this section, see 79 Del. Laws, c. 18, § 2].
Whenever an affidavit and notice of broker's lien has been recorded, the record owner of the commercial real estate or the tenant in case of a lien upon the leasehold estate may have the lien released by depositing funds equal to the full amount stated in the notice of lien plus 10% to be applied towards any sums awarded the broker under § 2611 of this title. These funds shall be held in escrow by such person and by such process which may be agreed to by the parties, either in the brokerage agreement or otherwise, for the payment to the broker or otherwise for resolution for their dispute or, in the absence of any such mutually agreed person or process, the funds may be deposited with the Superior Court by the filing of an interpleader. Upon such deposit of funds by interpleader, the commercial real estate shall be considered released from such lien or claim of lien. Upon written notice to the broker that the funds have been escrowed or an interpleader filed, the broker shall within 10 business days file in the same office of the recorder of deeds where the affidavit and notice of broker's lien was filed a document stating that the lien is released, and the commercial real estate released, by an escrow established pursuant to this section or by interpleader. If the broker fails to file such document, the person holding the funds may sign and file such document and deduct from the escrow the reasonable cost of preparing and filing the document. Upon the filing of such document, the broker shall be deemed to have an equitable lien on the escrow funds pending a resolution of the broker's claim for payment and the funds shall not be paid to any person (except for such payment to the holder of the funds as aforesaid) until a resolution of the broker's claim for payment has been agreed to by all necessary parties or ordered by a court having jurisdiction.
79 Del. Laws, c. 18, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 26. Commercial Real Estate Broker’s Lien Act [For application of this chapter, see 79 Del. Laws, c. 18, § 2] › § 2610. Enforcement of lien [For application of this section, see 79 Del. Laws, c. 18, § 2].

§ 2610. Enforcement of lien [For application of this section, see 79 Del. Laws, c. 18, § 2].
A broker may bring suit to enforce the broker's lien in the Superior Court in the county where the commercial real estate is located (or in either county if the commercial real estate is located in more than 1 county) by filing and prosecuting a complaint as a debt action pursuant to that Court's Rules of Civil Procedure. Such complaint may be filed following the occurrence of the failure to make the payment to the broker, as required by the brokerage agreement, for which the affidavit and notice of broker's lien had been filed. Notwithstanding any statute of limitation or repose or other procedural limitation, any such complaint may be brought any time prior to the expiration of a notice of lien or continuation of lien, and shall be subject to alternative dispute resolution in the Superior Court pursuant to court rules regardless of the claimed amount.
79 Del. Laws, c. 18, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 26. Commercial Real Estate Broker’s Lien Act [For application of this chapter, see 79 Del. Laws, c. 18, § 2] › § 2611. Costs, expenses, and attorneys' fees [For application of this section, see 79 Del. Laws, c. 18, § 2].

§ 2611. Costs, expenses, and attorneys' fees [For application of this section, see 79 Del. Laws, c. 18, § 2].
The costs and expenses of all proceedings brought under this chapter, including the enforcement of the broker's lien, including reasonable attorneys' fees actually incurred, costs, and prejudgment and postjudgment interest at the contract rate specified in the brokerage agreement or, if no rate is specified, then at the legal rate, shall be borne by the party or parties to such proceeding against whom judgment is entered. If more than 1 party is so responsible for such costs, fees, expenses, and interest, then the costs, fees, expenses, and interest may be equitably apportioned by the court among those responsible parties, but in the absence of such apportionment, such responsible parties shall be jointly and severally liable.
In the event that a court or arbitrator determines that no lien should have been filed under this chapter, then the court or arbitrator shall order the broker to pay the prevailing defendant's expenses of all proceedings under this chapter, including reasonable attorneys' fees actually incurred, and costs.
79 Del. Laws, c. 18, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 26. Commercial Real Estate Broker’s Lien Act [For application of this chapter, see 79 Del. Laws, c. 18, § 2] › § 2612. Priority of liens [For application of this section, see 79 Del. Laws, c. 18, § 2].

§ 2612. Priority of liens [For application of this section, see 79 Del. Laws, c. 18, § 2].
The broker's lien shall be a lien on the commercial real estate that is the subject of the notice of lien and shall have priority from the time it has been filed as required by this chapter, except as to all mortgages whenever recorded or filed, mechanic's liens, other liens imposed or created by statute, and liens of the federal government, state government and/or their respective political subdivisions, each of which shall have priority over a broker's lien.
79 Del. Laws, c. 18, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 26. Commercial Real Estate Broker’s Lien Act [For application of this chapter, see 79 Del. Laws, c. 18, § 2] › § 2613. Release or satisfaction of lien [For application of this section, see 79 Del. Laws, c. 18, § 2].

§ 2613. Release or satisfaction of lien [For application of this section, see 79 Del. Laws, c. 18, § 2].
(a) Whenever a notice of lien has been filed and a condition occurs that in good faith would preclude the broker from receiving compensation under the terms of the brokerage agreement, the broker shall provide to the record owner of the commercial real estate and the person who would have been liable for such payment, a written release or satisfaction of the broker's lien.
(b) The record owner, the person liable for payment to the broker pursuant to the brokerage agreement, or the holder of any lien against the commercial real estate may serve a demand on the broker who filed the affidavit and notice of broker's lien requiring that suit be commenced to enforce the broker's lien, a suit shall be commenced as provided in this chapter within 20 days, or the broker's lien shall be deemed released and satisfied. Service of such demand shall be in the manner required for the service of a summons and complaint under the Rules of Civil Procedure of the Superior Court.
(c) Whenever a claim is paid for which an affidavit and notice of broker's lien has been timely filed, or where there is failure to institute a suit to enforce the broker's lien within the times provided by this chapter, or if the affidavit and notice of lien has not been continued as provided in this chapter, the broker's lien shall be deemed released and satisfied and the broker shall file a satisfaction and release as provided in this chapter with the office of the recorder of deeds where the affidavit and notice of broker's lien is filed and acknowledge release and satisfaction of the broker's lien, in writing, on written demand of the record owner or the person who was liable for the payment pursuant to the brokerage agreement.
(d) A Delaware lawyer representing a party in a real estate settlement may require a broker who has been paid the full compensation due at settlement to execute a release or estoppels affidavit stating that no lien has been filed for the compensation that has been paid, no lien will be filed, and if a notice of lien was filed, that the broker authorizes the filing of a written release or satisfaction of the lien by the settlement attorney. Such release, whether signed by the broker or an associate broker or salesperson licensed under the broker, is binding upon the broker and brokerage organization and may be relied upon by the parties and title insurance company.
79 Del. Laws, c. 18, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 26. Commercial Real Estate Broker’s Lien Act [For application of this chapter, see 79 Del. Laws, c. 18, § 2] › § 2614. No waiver [For application of this section, see 79 Del. Laws, c. 18, § 2].

§ 2614. No waiver [For application of this section, see 79 Del. Laws, c. 18, § 2].
An agreement by a broker to waive its right to a broker's lien without having first received full payment is against public policy, void, and unenforceable.
79 Del. Laws, c. 18, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 26. Commercial Real Estate Broker’s Lien Act [For application of this chapter, see 79 Del. Laws, c. 18, § 2] › § 2615. Inconsistent law invalid [For application of this section, see 79 Del. Laws, c. 18, § 2].

§ 2615. Inconsistent law invalid [For application of this section, see 79 Del. Laws, c. 18, § 2].
To the extent that this chapter conflicts with § 1601(b)(1) of this title, this later chapter shall control.
79 Del. Laws, c. 18, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 27. Mechanics’ Liens › Subchapter I. General Provisions › § 2701. Definitions.

§ 2701. Definitions.
As used in this chapter, unless the context requires a different meaning.
(1) “Construction management services” includes services performed pursuant to a contract with an owner of a structure, or with the agent of such owner, for the management of the erection, alteration or repair of such structure, where the person or entity providing such services does not perform or furnish labor or material for such erection, alteration or repair.
(2) “Labor” includes work.
(3) “Structure” includes a building or house.
25 Del. C. 1953, §  2701;  72 Del. C. 203, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 27. Mechanics’ Liens › Subchapter I. General Provisions › § 2702. Persons entitled to obtain lien.

§ 2702. Persons entitled to obtain lien.
(a) It shall be lawful for any person having performed or furnished labor or material, or both, to an amount exceeding $25 in or for the erection, alteration or repair of any structure, in pursuance of any contract, express or implied, with the owners of such structure or with the agent of such owner or with any contractor who has contracted for the erection, alteration or repair of the same and for the furnishing of the whole or any part of the materials therefor, including any person who has performed or furnished labor or material, or both, for or at such structure under a contract with or order from any subcontractor to obtain a lien upon such structure and upon the ground upon which the same may be situated or erected.
(b) Liens may also be obtained in connection with:
labor performed and materials furnished in plumbing, gas fitting, paper hanging, paving, placing iron works and machinery of every kind in mills and factories, bridge building, the erection, construction and filling in of wharves, piers and docks and all improvements to land by drainage, dredging, filling in, irrigating and erecting banks and the services rendered and labor performed and materials furnished by architects.
16 Del. Laws, c. 145, §§  1, 4;  18 Del. Laws, c. 679;  Code 1915, §§  2843, 2846;  29 Del. Laws, c. 225;  29 Del. Laws, c. 226;  Code 1935, §§  3324, 3327;  25 Del. C. 1953, §  2702;
2023 Delaware Code › Title 25 - Property › Chapter 27. Mechanics’ Liens › Subchapter I. General Provisions › § 2703. Contract requirements to obtain lien based solely on improvement to land.

§ 2703. Contract requirements to obtain lien based solely on improvement to land.
No lien shall attach in case the improvements are to the land alone, unless a contract in writing, signed by the owner or owners thereof, setting forth the names of all parties to the contract and containing a description by the metes and bounds of the land to be affected and by a statement of the general character of the work to be done, and of the total amount to be paid thereunder, and the amounts of the partial payments, together with the time when such payments shall be due and payable.
16 Del. Laws, c. 145, §  4;  Code 1915, §  2846;  29 Del. Laws, c. 226;  Code 1935, §  3327;  25 Del. C. 1953, §  2703;
2023 Delaware Code › Title 25 - Property › Chapter 27. Mechanics’ Liens › Subchapter I. General Provisions › § 2704. Liens effective for or against corporations.

§ 2704. Liens effective for or against corporations.
Liens may be filed for or against corporations or individuals.
16 Del. Laws, c. 145, §  4;  Code 1915, §  2846;  29 Del. Laws, c. 226;  Code 1935, §  3327;  25 Del. C. 1953, §  2704;
2023 Delaware Code › Title 25 - Property › Chapter 27. Mechanics’ Liens › Subchapter I. General Provisions › § 2705. Duty of contractor to provide list of persons furnishing labor and material; effect of failure to provide list.

§ 2705. Duty of contractor to provide list of persons furnishing labor and material; effect of failure to provide list.
The owner of any structure built, repaired or altered by any contractor or subcontractor may require such contractor or subcontractor from time to time to furnish and submit to the owner complete and accurate list in writing of all persons who have furnished labor or material, or both, in connection therewith, and who may be entitled to avail themselves of the provisions of this chapter. Should any such contractor or subcontractor fail to furnish such list for 10 days after demand made therefor by such owner, the contractor or subcontractor shall be entitled to receive no further payments from the owner until such list be furnished and shall not be entitled to avail contractor's own self of any of the provisions of this chapter.
16 Del. Laws, c. 145, §  1;  Code 1915, §  2843;  29 Del. Laws, c. 225;  Code 1935, §  3324;  25 Del. C. 1953, §  2705;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 42, § 1;
2023 Delaware Code › Title 25 - Property › Chapter 27. Mechanics’ Liens › Subchapter I. General Provisions › § 2706. Waiver of lien.

§ 2706. Waiver of lien.
(a) Persons entitled to avail themselves of the lien provided for in this chapter shall not be considered as waiving the same by granting a credit or receiving notes or other securities, unless the same be received as payment or the lien expressly waived, but the sole effect thereof shall be to prevent such persons from availing themselves of the liens provided for in this chapter until the expiration of the time agreed upon.
(b) Notwithstanding the provisions of any other law, except as provided in this subsection:
Any contract, any agreement or understanding whereby the right to file or enforce any lien created under this chapter is waived, shall be void as against public policy and wholly unenforceable. This section shall not preclude a requirement for a written waiver of the right to file a mechanics' lien executed and delivered by a contractor, subcontractor, material supplier or laborer simultaneously with or after payment for the labor performed or the materials supplied has been made to such contractor, subcontractor, material supplier or laborer nor shall this section be applicable to a written agreement to subordinate, release or satisfy all or part of such lien made after a statement of claim has been filed under this chapter. Nothing in this subsection shall amend, exempt, limit or qualify the provisions of § 2707 of this title.
16 Del. Laws, c. 145, §  1;  Code 1915, §  2843;  29 Del. Laws, c. 225;  Code 1935, §  3324;  25 Del. C. 1953, §  2706;  68 Del. Laws, c. 302, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 27. Mechanics’ Liens › Subchapter I. General Provisions › § 2707. Payment of contractor by owner of residence as a defense; certification of payment for labor and materials or release of liens by contractor.

§ 2707. Payment of contractor by owner of residence as a defense; certification of payment for labor and 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.”
25 Del. C. 1953, §  2707;  57 Del. Laws, c. 498;  58 Del. Laws, c. 274, §  1;  84 Del. Laws, c. 42, § 96;
2023 Delaware Code › Title 25 - Property › Chapter 27. Mechanics’ Liens › Subchapter I. General Provisions › § 2708. Fringe benefits.

§ 2708. Fringe benefits.
A mechanics' lien may be used to secure payment of any unpaid amounts due under contract from the contractor arising from a subcontractor's labor including payment of fringe benefit items. As used in this section, the phrase “fringe benefit items” shall have the same meaning as the phrase “benefits or wage supplements” defined in § 1109(b) of Title 19.
65 Del. Laws, c. 467, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 27. Mechanics’ Liens › Subchapter II. Enforcement in Superior Court › § 2713. Claims against 2 or more structures owned by same person.

§ 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 shall, at the time of filing such joint claim, designate the amount which the claimant claims to be due to that claimant on each of such structures.
16 Del. Laws, c. 145, §  1;  Code 1915, §  2843;  29 Del. Laws, c. 225;  Code 1935, §  3324;  25 Del. C. 1953, §  2713;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 27. Mechanics’ Liens › Subchapter II. Enforcement in Superior Court › § 2714. Proceedings by scire facias; form.

§ 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 1915, §  2844;  30 Del. Laws, c. 194;  Code 1935, §  3325;  25 Del. C. 1953, §  2714;
2023 Delaware Code › Title 25 - Property › Chapter 27. Mechanics’ Liens › Subchapter II. Enforcement in Superior Court › § 2715. Issuance and service of scire facias.

§ 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 the defendant can be found within the county. A copy of the writ shall be left with some person residing in the structure to which the labor was done or for which the materials were furnished, if occupied as a place of residence, but if not so occupied, the sheriff shall affix a copy of such writ upon the door or other front part of such structure.
16 Del. Laws, c. 145, §  2;  Code 1915, §  2844;  30 Del. Laws, c. 194;  Code 1935, §  3325;  25 Del. C. 1953, §  2715;  84 Del. Laws, c. 42, § 98;
2023 Delaware Code › Title 25 - Property › Chapter 27. Mechanics’ Liens › Subchapter II. Enforcement in Superior Court › § 2716. Default judgment; affidavit of defense.

§ 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 or part of such cause of action and setting forth the nature and character of the defense. If the defense is to a part only, then the defendant shall specify the sum really due, and judgment may be entered for the plaintiff at the plaintiff's own election for the sum acknowledged to be due. If judgment is not so entered by default, then like proceedings shall be had as in other cases of scire facias.
16 Del. Laws, c. 145, §  2;  Code 1915, §  2844;  30 Del. Laws, c. 194;  Code 1935, §  3325;  25 Del. C. 1953, §  2716;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 27. Mechanics’ Liens › Subchapter II. Enforcement in Superior Court › § 2717. Proof of work done or materials furnished as prima facie evidence of extension of credit on structure.

§ 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 furnishing of such labor or materials, shall be prima facie evidence that the same was performed or furnished or provided for and on the credit of such structure.
16 Del. Laws, c. 145, §  1;  Code 1915, §  2843;  29 Del. Laws, c. 225;  Code 1935, §  3324;  25 Del. C. 1953, §  2717;  72 Del. Laws, c. 203, §  6;
2023 Delaware Code › Title 25 - Property › Chapter 27. Mechanics’ Liens › Subchapter II. Enforcement in Superior Court › § 2718. Lien of judgment.

§ 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 material was commenced, or the time immediately following the time of recording of a first mortgage, or a conveyance in the nature of a first mortgage, upon such structure which is granted to secure an existing indebtedness or future advances provided at least 50% of the loan proceeds are used for the payment of labor or materials, or both, for such structure, whichever shall last occur.
(b) In the case of the erection, construction and filling in of wharves, piers and docks and improvements to land, the liens shall extend to the lots or lands in front of which improvements are made.
16 Del. Laws, c. 145, §§  1, 4;  18 Del. Laws, c. 679;  Code 1915, §§  2843, 2846;  29 Del. Laws, c. 225;  29 Del. Laws, c. 226;  Code 1935, §§  3324, 3327;  25 Del. C. 1953, §  2718;  68 Del. Laws, c. 302, §  2;
2023 Delaware Code › Title 25 - Property › Chapter 27. Mechanics’ Liens › Subchapter II. Enforcement in Superior Court › § 2719. Execution by levari facias; form.

§ 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 building and lot of ground, to wit (describing the same according to the record), in your bailiwick, you cause to be levied as well a certain debt of . . . . . . . . . . . . which . . . . . . . . . . . . lately in our Superior Court for the County aforesaid, before the Judges thereof, recovered against . . . . . . . . . . . . to be levied of the said building and lot of ground, as also the interest thereon from the . . . . . . . . . . . . day of . . . . . . . . . . . ., A. D., . . . . . . . . . . . . and also the sum of . . . . . . . . . . . . for the cost which accrued thereon, according to the form and effect of an act of the General Assembly in such cases made and provided, and have you there moneys before our Judges at . . . . . . . . . . . . at our Superior Court in and for the County of . . . . . . . . . . . . there to be held on the . . . . . . . . . . . . day of . . . . . . . . . . . . next to render unto the said . . . . . . . . . . . . for the debt, interest and costs aforesaid, and have you then there this writ.”
Witness (as in similar writs).
16 Del. Laws, c. 145, §  2;  Code 1915, §  2844;  30 Del. Laws, c. 194;  Code 1935, §  3325;  25 Del. C. 1953, §  2719;  84 Del. Laws, c. 42, § 99;
2023 Delaware Code › Title 25 - Property › Chapter 27. Mechanics’ Liens › Subchapter II. Enforcement in Superior Court › § 2720. Division of proceeds.

§ 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.
16 Del. Laws, c. 145, §  2;  Code 1915, §  2844;  30 Del. Laws, c. 194;  Code 1935, §  3325;  25 Del. C. 1953, §  2720;
2023 Delaware Code › Title 25 - Property › Chapter 27. Mechanics’ Liens › Subchapter II. Enforcement in Superior Court › § 2721. Savings provision for personal actions.

§ 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 amount of such debt.
(b) 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 in the erection, alteration or repair of any structure, or for any construction management services provided in connection with such labor done or materials furnished, to maintain any personal action against the owner or reputed owner of the structure or against any contractor or against the same and other contracting parties for the same or for any greater or less demand before, concurrently with or after the proceedings for obtaining the lien upon the structure as provided in this chapter, and the judgment whether for the plaintiff or defendant or any of the defendants in such personal action shall in no wise impair, alter or affect the lien or the proceedings or judgment or execution provided for in this chapter.
16 Del. Laws, c. 145, §  1;  Code 1915, §§  2843, 2843A;  29 Del. Laws, c. 225;  38 Del. Laws, c. 159;  Code 1935, §  3324;  25 Del. C. 1953, §  2721;  72 Del. Laws, c. 203, §§  7, 8;
2023 Delaware Code › Title 25 - Property › Chapter 27. Mechanics’ Liens › Subchapter II. Enforcement in Superior Court › § 2722. Lien where labor is done or materials furnished at instance of lessee or tenant.

§ 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 lessee or tenant without the prior written consent of the owner or the owner's duly authorized agent.
16 Del. Laws, c. 145, §  1;  Code 1915, §§  2843, 2843A;  29 Del. Laws, c. 225;  38 Del. Laws, c. 159;  Code 1935, §  3324;  25 Del. C. 1953, §  2722;  84 Del. Laws, c. 42, § 100;
2023 Delaware Code › Title 25 - Property › Chapter 27. Mechanics’ Liens › Subchapter II. Enforcement in Superior Court › § 2723. Rights of owner where lien or judgment is obtained by a subcontractor.

§ 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, upon any claim for materials which by the terms of the contract the contractor was bound to furnish, by any person or persons other than such contractor, retain and withhold from such contractor so much of the moneys to be paid to such contractor in pursuance of the contract made with such contractor as may be necessary to liquidate and discharge such liens; and, in case judgment is recovered by such lien creditors, the owner may apply the moneys or such part thereof as may be necessary to satisfy the judgment to the payment and satisfaction thereof. Such payment shall be considered and treated as a payment pro tanto to the contractor towards the moneys provided to be paid by the contractor.
16 Del. Laws, c. 145, §  1;  Code 1915, §§  2843, 2843A;  29 Del. Laws, c. 225;  38 Del. Laws, c. 159;  Code 1935, §  3324;  25 Del. C. 1953, §  2723;  84 Del. Laws, c. 42, § 101;
2023 Delaware Code › Title 25 - Property › Chapter 27. Mechanics’ Liens › Subchapter II. Enforcement in Superior Court › § 2724. Entries in Mechanics' Lien Docket.

§ 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 day upon which the claim is filed and of the issuing of the scire facias, a description of the property against which the claim is sought to be charged, amount for which judgment is rendered, the day on which the same is rendered, the party for and against whom it is rendered and, in case of judgment for the plaintiff, the time to which the judgment relates back as a lien and other entries necessary and proper to a full understanding of the case. The time to which the judgment relates back as a lien shall be ascertained in the same manner as the amount of the judgment is ascertained.
16 Del. Laws, c. 145, §  3;  Code 1915, §  2845;  Code 1935, §  3326;  25 Del. C. 1953, §  2724;  70 Del. Laws, c. 186, §  1;