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Delaware prevailing wage and certified payroll

Delaware has its own prevailing-wage law (29 Del. C. §6960) on top of federal Davis-Bacon.

State law

29 Del. C. §6960

Agency

Delaware Dept. of Labor, Division of Industrial Affairs, Office of Construction Enforcement · wage schedules

Applies to contracts

Over $500,000 new construction; over $45,000 alteration/repair/renovation/rehabilitation/demolition/reconstruction

Certified payroll

Sworn (certified) payroll furnished weekly to the Delaware DOL on its fillable Certified Payroll Report Form (29 Del. C. §6960(c)); no online portal. Annual building, heavy and highway determinations.

In CertifyWage

WH-347 and Statement of Compliance, which this state accepts; state rules applied to overtime and rates.

Federal rules that apply in Delaware too

Davis-Bacon

Federal and federally assisted construction contracts over $2,000 carry a wage determination from SAM.gov. Every laborer and mechanic is paid at least the listed base rate plus fringe for the classification of work actually performed.

Weekly certified payroll

The contractor and every subcontractor submit a certified payroll each week work is performed, with a signed Statement of Compliance. The U.S. Department of Labor’s optional form is the WH-347 (Rev. January 2025).

Overtime

On covered contracts over $100,000, the Contract Work Hours and Safety Standards Act requires time and a half of the basic rate for hours over 40 in a workweek. Fringe benefits are not multiplied.

Records

Payroll records are kept for at least three years after the work is completed and made available to the contracting agency and the Department of Labor on request.

The contracting agency’s instructions control when they differ from this summary. Get started or see every state.