CHAPTER 9 - OCCUPATIONAL LICENSES RELATING TO LICENSES FOR RESIDENT AND NON-RESIDENT CONTRACTORS

AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO AMEND CHAPTER 6 OF THE REVISED CODE OF THE STATE OF DELAWARE, 1935, RELATING TO OCCUPATIONAL LICENSES", BEING CHAPTER 14, VOLUME 41, LAWS OF DELAWARE, 1937, AS AMENDED BY CHAPTER 68, VOLUME 42, LAWS OF DELAWARE, 1939, RELATING TO LICENSES FOR RESIDENT AND NON-RESIDENT CONTRACTORS.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Section 6. 196. Sec. 162 of Chapter 14, Volume 41, Laws of Delaware, 1937, as amended by Chapter 68, Volume 42, Laws of Delaware, 1939, be and the same is hereby amended by adding at the end thereof, a new paragraph, designated and reading as follows:

Every architect and/or mechanical engineer and/or general contractor, engaging in the practice of such profession, before the payment of any award or amount payable to any contractor or sub-contractor not a resident of this State, shall ascertain from said non-resident contractor or sub-contractor and/or the State Tax Department, whether he has obtained a license and satisfied his liability to the State under this Section, and if said license has not been obtained and the license liability paid by said non-resident contractor or sub-contractor, the architect and/or mechanical engineer and/or general contractor shall deduct from the award or amount payable to said non-resident contractor or sub-contractor, the amount of said license liability and shall pay same to the State Tax Department within ten days after final payment and settlement with the non-resident contractor or sub-contractor. Failure to ascertain the payment of license liability of any contractor or sub-contractor not a resident of this State, by any architect and/or mechanical engineer and/or general contractor, in accordance with this Section shall render the architect and/or mechanical engineer and/or general contractor personally liable for the license liability of the nonresident contractor or sub-contractor.

Approved May 16, 1941.