Delaware Contractor License BondNon-Resident: 6% of Contract Value
Delaware's contractor bond is unlike any other state. Rather than a flat amount, non-resident contractors must post a bond equal to 6% of their contract price -- and it must be filed with the Division of Revenue before a single nail is driven. Residents face no state bond but may need municipal bonds in cities like Wilmington, where amounts climb to $200,000 for certain license classes.
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Official Delaware Requirements
"The surety bond shall be filed before construction is begun in this State by the nonresident contractor on any contract the price of which is $20,000 or more."Delaware Division of Revenue • Delaware Code Title 30, Chapter 3, Section 375
Delaware Bond Requirements by Residency
Non-resident and resident contractors face different obligations
Non-Resident Contractors
- Bond = 6% of contract/subcontract price
- Required for single contracts of $20,000+
- Or aggregate contracts totaling $20,000+/year
- Must file BEFORE construction begins
- Bond guarantees tax payments to State of Delaware
- Failure to file: misdemeanor, fines up to $3,000
Delaware Residents
- No state-level bond required
- $75 annual contractor license fee
- $30 new business registration application
- Municipal bonds may apply (Wilmington, Newark, etc.)
- Wilmington: $10,000-$200,000 by license class
- Check local requirements before starting work
Non-Resident Bond Cost Examples
6% of contract = bond amount, then 1-5% annual premium
| Contract Value | Bond Amount (6%) | Annual Premium (Good Credit) |
|---|---|---|
| $50,000 | $3,000 | $75-$150/year |
| $100,000 | $6,000 | $150-$300/year |
| $250,000 | $15,000 | $375-$750/year |
| $500,000 | $30,000 | $750-$1,500/year |
Delaware Municipal Bond Requirements
Additional local bonds beyond the state non-resident requirement
City of Wilmington
Class A/B/C/U contractors, Master HVACR, Plumbers
City of Newark
By contractor type and construction cost
New Castle County
Certain contractors in unincorporated areas
Frequently Asked Questions
Delaware contractor bond questions
Do Delaware contractors need a state bond?
It depends on residency. Non-resident contractors must post a bond equal to 6% of the contract or subcontract price for any single contract of $20,000 or more, or when aggregate contracts in one calendar year total $20,000 or more. Delaware resident contractors have no state-level bond requirement, though Wilmington and other municipalities may require bonds.
How much does a Delaware non-resident contractor bond cost?
The bond amount is 6% of your contract value. Your annual premium is typically 1-5% of that bond amount. For example, a $100,000 contract requires a $6,000 bond (6%). With good credit, annual premium would be $150-$300 (2.5-5%). Larger contracts or challenged credit may require higher rates.
When must the non-resident bond be filed?
Non-resident contractors must file the 6% bond with the Delaware Division of Revenue BEFORE construction begins. Failing to file before starting work is a misdemeanor with fines up to $3,000 and/or imprisonment up to 6 months. The bond must remain in force continuously -- any lapse can result in license revocation.
What are Wilmington contractor bond requirements?
The City of Wilmington requires bonds from $10,000 to $200,000 depending on license class. Class A, B, C, and U contractors plus master HVACR technicians and plumbers all need bonds. These municipal bonds are separate from and in addition to the state non-resident bond requirement.
What does the 6% bond guarantee?
The Delaware non-resident contractor bond guarantees payment of taxes, penalties, and other amounts due to the State of Delaware. It is essentially a tax-guarantee bond. The bond is filed with the Division of Revenue and can be claimed against only by the State of Delaware and its agencies.
What are penalties for unlicensed contracting in Delaware?
Delaware treats non-compliant contracting as a misdemeanor. Non-residents who fail to file the required 6% bond face fines up to $3,000 and/or imprisonment up to 6 months. Additionally, unlicensed contractors may have difficulty collecting payment and face civil liability for work performed without proper registration.
Official Delaware Resources
Other Delaware Bonds
Additional surety bonds available in Delaware
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