Owner to Prime Contractor (Private): Unless otherwise agreed by contract, 30 days after receipt of invoice or within 30 days of the end of the billing cycle, whichever is later.
Prime Contractor to Subcontractor (Private): Unless otherwise agreed by contract, 15 days after receipt of payment from the owner.
Interest/Penalties (Private): Interest at a rate as agreed by contract, up to the maximum rate allowable by law. Attorney’s fees and costs awarded to prevailing party.
Owner to Prime Contractor (Public): Unless otherwise agreed by contract, progress payments are due 21 days after the estimate of work is certified and approved, or, if the approval of a federal agency is required, 10 days after approval from the agency. Final payment is due 60 days after final completion.
Prime Contractor to Subcontractor (Public): Unless otherwise agreed by contract, 21 days after receipt of payment from the owner.
Interest/Penalties (Public): Interest at a rate not exceeding 2% above the prime interest rate established by the Federal Reserve. Damages are available for any amounts deemed to be wrongfully withheld.
Pay-If-Paid Permissible: Only in public works contracts.
Disclaimer: This information was published on July 1, 2020. Please contact Josh Levy, Eric Meier or Samantha Schacht for modifications made by Delaware since that date. Visit our 50-State Construction Law Map for information on other states.