Delaware's prevailing wage law applies to state-funded construction projects. The Department of Labor conducts annual wage surveys and publishes prevailing wage determinations by March 15 each year. Rates are valid for one year from publication.
Delaware has an active prevailing wage law (Delaware Prevailing Wage Law (Title 29, Chapter 69, Subchapter IV)). Administered by Delaware Department of Labor, Division of Industrial Affairs. Certified payroll is required. Federal Davis-Bacon applies to all federal projects.
Delaware's Prevailing Wage Law (Title 29, Chapter 69, Subchapter IV) is administered by the Delaware Department of Labor, Division of Industrial Affairs, and applies to state-funded construction. For bidding purposes, the threshold depends on the work: new construction is covered above $500,000, while alteration, repair, renovation, rehabilitation, demolition, or reconstruction is covered above $45,000. That much lower repair threshold catches many smaller renovation and maintenance jobs, so estimators should classify scope carefully before deciding whether to price at prevailing rates.
A distinctive feature of Delaware is its rate calendar: the Department of Labor conducts annual wage surveys and publishes prevailing wage determinations by March 15 each year, with rates valid for one year from publication. Bid against the determination in effect, and watch the March cycle closely if your work straddles the publication date. Pricing labor to stale rates is a frequent margin killer, while overpricing to outdated higher rates can cost you the award.
Certified payroll records are required and must be maintained and submitted upon request, documenting workers, classifications, hours, and fringe payments. On federally funded Delaware projects, Davis-Bacon applies in parallel, and you must pay the higher of the state or federal rate for each classification. Willful violations carry serious consequences: debarment from public contracts for up to three years, payment of back wages, and civil penalties. Build payroll administration, accurate trade classification, and the correct annual rate schedule into your bid so compliance does not erode the margin you assumed at award.
The federal Davis-Bacon Act applies to all federally funded or federally assisted construction contracts over $2,000 in Delaware. This includes projects funded by federal agencies, FHWA highway projects, HUD housing, and projects receiving federal grants.
Contractors who willfully violate the Act may be debarred from public contracts for up to 3 years, required to pay back wages, and face civil penalties.