§ 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.

Legislative History

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