Synopsis
This Amendment permits Delaware-established construction companies to engage other construction companies in the same line of work as subcontractors. This Amendment aligns Delaware law for construction contractors with those of surrounding states and, specifically, Maryland law, which was the basis for language in Delaware’s Workplace Fraud Act. The current restriction is an impediment to Delaware construction contractor’s competitiveness with out-of-state construction contractors. The restriction limits the growth and expansion of Delaware construction businesses to accept work on larger construction projects when surrounding state laws and regulations do not have a similar restriction regarding subcontracting to construction contractor businesses in the same trade. Further, Delaware’s current law is a barrier to meeting federal requirements for inclusion of minority contractors and meeting State goals for expanding the opportunities for minority construction businesses.