CHAPTER 368

FORMERLY

HOUSE BILL NO. 697

AN ACT TO AMEND CHAPTER 69, TITLE 29 OF THE DELAWARE CODE RELATING TO PUBLIC WORKS CONTRACTS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Section 6912(d). Chapter 69, Title 29 of the Delaware Code, by striking said Subsection in its entirety and substituting in lieu thereof the following:

"(d) Any laborer or mechanic employed by any contractor or subcontractor, or the Department of Labor on behalf of 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 6 percent per annum. Such action may be brought by the Department of Labor in the name and for the benefit of the laborer or mechanic with or without an assignment of the claim from the employee. 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 the subcontractor shall post suitable bond approved by the Superior Court for the damages which may be recoverable thereunder. The party bringing an action under this section shall not be required to pay court costs. Any wages collected under this chapter but not claimed by the employee within one year from the date of collection shall be remitted by the Department to the State Treasurer."

Approved June 30, 1986.