Cantera v. Trustees of Eighth Street Baptist Church

Citations

• 26 Del. 461
• 3 Boyce 461
• 84 A. 1035
• 1912 Del. LEXIS 60

Syllabus

<p>Mechanics’ Liens—“Contractor”—Subcontractor—Piling Lien— Time—Statutes—Construction.</p> <p>Rev. Code, 1852, as amended to 1893, p. 818, c. 110 (16 Del. Laws, c. 145), provides that any person who has furnished work or materials or both for a building under any contract with the owner thereof, or his agent, or with any contractor, may obtain a lien, subject to the restriction that no contractor who shall have contracted for the erection of the structure in whole or in part shall file his claim until after ninety days from the completion of the building, but he shall file the .same within thirty days after the expiration of the ninety days, and all others shall file their claims within the ninety days from the completion of the work and labor performed, etc. Held, that the “contractor” entitled to file his claim after ninety days is one who has furnished both labor and materials under contract with the owner, all other persons being required to file their claims within ninety days; and hence, where petitioner performed labor and furnished materials for a building under contracts, but with the contractor, his claim, not filed within ninety days after the completion of the labor or the last delivery of materials, was too late.</p>