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Delaware Public Time Frames


Step 1: Bond Claim
  • No statutory provision, review bond.

Step 2: Suit Against Bond
  • Within 3 years of completion of the work. The contract can provide that no suit be commenced within 1 year of completion.

Bond Bits


  • Amount of Bond: 100% of contract price.
  • Contracts Excluded: A special state body, the Contracting and Purchasing Advisory Council, sets the threshold amount for “large public works” where bonds are required.
  • HB295 effective 2/14/18 Authorizes the Department of Transportation for the Wilmington Transit Center and parking structure to enter into a P3 partnership. DE existing P3 law on DOT projects does not call for payment bonds. It states that projects need to comply with current statutes which would seem to include payment bond coverage.