Delaware Contractor License Bond— Non-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. See how this compares on our contractor bond hub.
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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
Residents Pay Nothing; Non-Residents Pay 6%
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
- Cash bonds and bank letters of credit accepted as alternatives
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
- Still need business license from Division of Revenue
From Contract Signing to Filed Bond in Five Steps
A step-by-step breakdown of the non-resident contractor bond process
- 1
Calculate your bond amount
Take your total contract value and multiply by 6%. For aggregate contracts, add all Delaware contracts in the calendar year to determine the threshold.
- 2
Purchase the surety bond
Contact a surety company (like us) licensed in Delaware. Your premium will be 1-5% of the bond amount depending on credit. We issue same-day.
- 3
File with the Division of Revenue
Submit the bond using the official Non-Resident Contractor Bond form before starting any construction work. Contact Jennifer Callahan at (302) 577-8167 for filing questions.
- 4
Begin your project
Once the bond is filed and accepted, you can begin construction. Keep the bond in force continuously throughout the project.
- 5
Bond release after taxes paid
After project completion and all Delaware taxes are paid, the bond can be released. Your surety will handle the release process.
Download the official bond form (PDF) from the Division of Revenue.
Real Cost Examples: What You Will Pay
6% of contract = bond amount, then 1-5% annual premium
Delaware Non-Resident Contractor Bond Costs
Bond amount = 6% of contract value; premium = 1-5% of bond amount
| Contract Value | Bond Amount (6%) | Annual Premium (Good Credit) |
|---|---|---|
| $20,000 | $1,200 | $50-$100/year |
| $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 |
Premiums shown for contractors with credit scores of 680+. Poor credit may increase rates to 5-10% of bond amount.
Industry standard rates. Actual premiums vary by surety company.
Use our contractor bond calculator for a personalized estimate.
Wilmington Municipal Bonds: Up to $200,000 by License Class
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
Non-Residents Working in Wilmington
If you are a non-resident contractor working in Wilmington, you may need both the state 6% bond AND a Wilmington municipal bond. We can issue both under a single application. Vehicle dealers in the state carry a separate Delaware auto dealer bond under DMV licensing rules. Contractors who work across the border in Maryland face flat-rate bonding — see our Maryland contractor bond guide for comparison. Get a combined quote.
Delaware's Percentage Approach vs. Flat-Rate Neighbors
Delaware's percentage-based approach is unique in the Mid-Atlantic
Delaware vs. Neighboring State Contractor Bonds
Key differences in bond structure and requirements
| State | Bond Amount | Who Needs It | Bond Type |
|---|---|---|---|
| Delaware | 6% of contract | Non-residents only | Tax guarantee |
| Maryland | $5K-$50K flat | All licensed contractors | Consumer protection |
| Pennsylvania | No state bond | N/A | Municipal only |
| New Jersey | No state bond | N/A | Municipal only |
| DC | $1K-$25K flat | Trade-specific | Consumer protection |
Delaware is the only state in the region that calculates bond amounts as a percentage of contract value.
Bond requirements current as of April 2026
See the full breakdown on our 50-state requirements guide.
What Happens If You Skip the Bond
Understanding the consequences of non-compliance
Criminal Penalties
- Misdemeanor charge for non-compliance
- Fines up to $3,000 per violation
- Imprisonment up to 6 months possible
- Each project without bond is a separate offense
Financial Consequences
- Difficulty collecting payment on contracts
- Civil liability for unauthorized work
- Contractor license revocation risk
- Back-taxes owed without bond protection
Delaware Bond Premium by Credit Score
Annual Premium for $20,000 Delaware Contractor Bond
Based on a $20,000 bond amount
- Excellent Credit (720+)Rate: 1-2%$200-$400/yr
- Good Credit (680-719)Rate: 2-3%$400-$600/yr
- Fair Credit (600-679)Rate: 3-5%$600-$1,000/yr
- Poor Credit (below 600)Rate: 5-10%$1,000-$2,000/yr
Rates are industry estimates. Actual premiums vary by surety company and applicant financials.
Read the full surety bond cost guide for more details.
Avoid These Common Filing Mistakes
Common questions and best practices for working in Delaware
File your bond BEFORE starting any work
Delaware law requires the bond to be filed with the Division of Revenue before construction begins. Working without a filed bond is a misdemeanor.
Track aggregate contracts carefully
Even if individual contracts are under $20,000, you need a bond when your aggregate Delaware contracts reach $20,000 in a calendar year.
Consider a cash bond alternative
Delaware accepts cash bonds and bank letters of credit in addition to surety bonds. However, surety bonds tie up less capital.
Check Wilmington requirements separately
If working in Wilmington, you may need both the state 6% bond AND a municipal bond. Wilmington bonds range from $10,000 to $200,000 by license class.
Need a Delaware Contractor Bond?
Non-resident 6% bonds and Wilmington municipal bonds -- Same-day approval
Get Your Free QuoteDelaware Contractor Bond FAQs
Delaware contractor bond questions answered by licensed surety professionals
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. The Division of Revenue also accepts cash bonds and bank letters of credit as alternatives to surety 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, the annual premium would be $150-$300 (2.5-5%). A $500,000 contract requires a $30,000 bond with premiums of $750-$1,500. See our surety bond cost guide for detailed pricing.
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. This is a strict requirement under Delaware Code Title 30, Chapter 3, Section 375. 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. Both residents and non-residents working in Wilmington need the municipal bond.
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 filed with the Division of Revenue. Only the State of Delaware and its agencies can file a claim against it. This is similar to Iowa's contractor bond, which also functions as a tax guarantee rather than consumer protection.
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. The Division of Revenue actively enforces these requirements.
How fast can I get a Delaware non-resident contractor bond?
We issue Delaware non-resident contractor bonds the same business day for most applicants. The bond is delivered electronically in the Division of Revenue-accepted format, ready to file immediately. For larger contracts ($500,000+), underwriting may require additional business financial documentation, which can extend approval to 2-3 business days. We guarantee your bond will be filed before construction begins -- our File-Before-Work Guarantee means we expedite every Delaware bond with the statutory deadline in mind.
Can a subcontractor trigger the Delaware 6% bond requirement?
Yes. Delaware Code Title 30, Section 375 applies to both contractors and subcontractors. If you are a non-resident subcontractor and your subcontract price is $20,000 or more, you must file your own 6% bond with the Division of Revenue before beginning work. The general contractor's bond does not cover subcontractors. Additionally, if your aggregate Delaware subcontracts in a calendar year reach $20,000, the bond requirement kicks in even if individual subcontracts are below the threshold.
Explore More Delaware Bond Resources
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Nearby States
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All content is researched from official state and federal sources (.gov) and verified before publication. BuySuretyBonds.com works with Treasury-certified, A- minimum rated surety carriers serving all 50 states.
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