CHAPTER 174

FORMERLY

SENATE BILL NO. 106

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 8, TITLE 17 OF THE DELAWARE CODE RELATING TO HIGHWAYS; AND PROVIDING A METHOD BY WHICH IT CAN BE DETERMINED WHETHER OR NOT A GENERAL CONTRACTOR RECEIVING MONEY FROM THE STATE HAS PAID ALL SUBCONTRACTORS.

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

Section 1. Amend §803, Chapter 8, Title 17 of the Delaware Code, by adding the following paragraph to said section:

All general contractors or agents of any general contractor receiving funds impressed with a trust under the provisions of this Chapter shall, within thirty days of receipt of any payment file a Statement in a form to be determined by the Division of Highways, with the contracting State agency that he has paid all subcontractors furnishing labor or material the full sum due them at that stage of the contract, except any funds withheld under the terms of the contract.

In any instance where the contract stipulates that the general contractor will receive a series of pro-rated payments the general contractor or his agents shall, upon the receipt of each payment, pay all subcontractors furnishing labor or materials, who have properly completed all work required of them at that stage of the contract, according to the same pro-rated formula which governs payments to the general contractor, i.e., if the general contractor receives 10% initially, persons furnishing labor and materials will receive 10% initially, and so through the course of the contract.

Approved July 11, 1973.