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(a)(1) A contractor who:
a. Has made that contractor’s contract directly with the owner or reputed owner of any structure; and
b. Has furnished both labor and material in and for such structure, or has provided construction management services in connection with the furnishing of such labor and material, in order to avail himself or herself of the benefits of this subchapter, shall file that contractor’s statement of claim within 180 days after the completion of such structure.
(2) For purposes of this subsection, and without limitation, a statement of claim shall be deemed timely if it is filed within 180 days of any of the following:
a. The date of purported completion of all the work called for by the contract as provided by the contract if such date has been agreed to in the contract itself;
b. The date when the statute of limitations commences to run in relation to the particular phase or segment of work performed pursuant to the contract, to which phase or segment of work the statement of claim relates, where such date for such phase or segment has been specifically provided for in the contract itself;
c. The date when the statute of limitations commences to run in relation to the contract itself where such date has been specifically provided for in the contract itself;
d. The date when payment of 90% of the contract price, including the value of any work done pursuant to contract modifications or change orders, has been received by the contractor;
e. The date when the contractor submits that contractor’s own final invoice to the owner or reputed owner of such structure;
f. With respect to a structure for which a certificate of occupancy must be issued, the date when such certificate is issued;
g. The date when the structure has been accepted, as provided in the contract, by the owner or reputed owner;
h. The date when the engineer or architect retained by the owner or reputed owner, or such other representative designated by the owner or reputed owner for this purpose, issues a certificate of completion; or
i. The date when permanent financing for the structure is completed.
(b) All other persons embraced within this chapter and entitled to avail themselves of the liens herein provided shall file a statement of their respective claims within 120 days from the date from the completion of the labor performed or from the last delivery of materials furnished by them respectively. For purposes of this subsection, and without limitation, a statement of claim on behalf of such person shall be deemed timely if it is filed within 120 days of either of the following:
(1) The date final payment, including all retainage, is due to such person; or
(2) The date final payment is made to the contractor:
a. Who has contracted directly with the owner or reputed owner of any structure for the erection, alteration or repair of same; and
b. With whom such person has a contract, express or implied, for the furnishing of labor or materials, or both, in connection with such erection, alteration or repair.
Cite this article: FindLaw.com - Delaware Code Title 25. Property § 2711. Time for filing of statement of claim - last updated January 01, 2019 | https://codes.findlaw.com/de/title-25-property/de-code-sect-25-2711.html
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