CHAPTER 408

FORMERLY HOUSE BILL NO. 423 AS AMENDED BY SENATE AMENDMENT NO. 2

AN ACT TO AMEND SECTION 6913, TITLE 29, DELAWARE CODE BY PROVIDING PROVISIONS FOR THE FAILURE TO PAY PREVAILING WAGE RATES.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Section 6913, Title 29, Delaware Code, is amended by designating the first paragraph as (a) and by adding new paragraphs (b), (c) and (d) as follows:

(b) The Department of Labor shall investigate all claims that the prevailing wage rates as provided for under this section are not being or have not been paid. Upon his finding that a contractor or subcontractor has not paid nor is not paying the prevailing wage rates, the Secretary of Labor shall notify the contractor or subcontractor thereof and make an effort to obtain compliance. Upon failure to obtain compliance, the Secretary of Labor shall notify the contractor or subcontractor by registered mail that the said contractor or subcontractor has violated the provisions of this Section. If the contractor or subcontractor does not comply within fifteen days of receipt of said registered mail, then thereafter the Secretary may terminate all rights of the contractor or subcontractor to proceed with the work under the public construction contract, and the contractor or subcontractor shall be responsible for all damages resulting therefrom.

(c) Any contractor or subcontractor who wilfully fails or refuses to pay the prevailing wage rates provided for under this section shall for each such failure or refusal, upon conviction thereof, be fined not less than $500 or not more than $2,000, and upon such conviction no public construction contract in this State shall be awarded to or received by such contractor or subcontractor, or, to any person, firm, partnership, or corporation in which such contractor or subcontractor has an interest, until three years have elapsed from the date of such conviction. The Superior Court shall have exclusive jurisdiction of offenses under this section.

by (d) Any laborer or mechanic employed by any contractor or subcontractor who is paid in a sum less than the prevailing wage rates provided for under this section shall have a right of action against the contractor or subcontractor in the Superior Court to recover the difference between the amount so paid and the prevailing wage rate plus interest at six percentum per annum. Such action shall, at the request of the laborer or mechanic, be brought by the Department of Justice acting for the Department of Labor in the name and for the benefit of the laborer or mechanic. It shall not be a defense to such action that the underpayment was received by the laborer or mechanic without protest, either oral or in writing, against the amount thereof, and the lack or failure of protest shall not be a bar to recovery. In the event that there is a wilful failure or refusal by the contractor or subcontractor to pay the prevailing wage rate, the contractor or subcontractor shall pay treble the difference between the amount so paid and the prevailing wage rate and shall pay, in addition, a reasonable attorney's fee in an amount to be set by the Superior Court for services rendered in that court and on any appeal. Upon the filing of an action under this section, the contractor or subcontractor shall post suitable bond approved by the Superior Court for the damages which may be recoverable hereunder. The party bringing in action under this section shall not be required to pay court costs.

Approved May 24,1972.