According to the State of Delaware, new construction projects costing more than $500,000, prevailing pay rates must be paid. For alterations, repairs, renovations, rehabilitation, demolition, or rebuilding projects that cost more than $45,000, prevailing wage rates must also be paid for. It is important to note that the State of Delaware or any subdivision thereof must be a party to the public works contract and must have allotted all or a portion of the funds for the project in order for the project to be subject to the state prevailing wage requirement.

The specific wages to be paid to various classes of laborers and mechanics will be determined by the Delaware Department of Labor, Division of Industrial Affairs, and is also dependent upon the county in which the work will be performed.

Compliance Tips:

  • According to Delaware law, a “public works project” is any building that is constructed, demolished, altered, repaired, or maintained, and that was paid for using money from the state of Delaware, a state agency, a public school system, or any department or agency of the federal government.
  • Any employer who willfully disregards or refuses to pay the prevailing wage rates required by this section, fails to submit payroll reports, or fails to post notice of the wage rates that apply to the project is subject to a civil penalty of not less than $1,000 nor more than $5,000 for each violation.