What does Delaware’s prompt payment law require on private construction?
In Delaware, every construction contract an owner awards must require the owner to pay for satisfactory work within 30 days of the end of the billing period, every subcontract must require the contractor to pay within 30 days out of amounts it is paid, and a late payment carries an interest penalty at the legal rate. Where a contract has no payment term, the owner pays undisputed amounts within 30 days after the end of the billing period or after delivery of the invoice, whichever is later, and a contractor pays undisputed amounts to its subcontractors within 15 days after receiving payment; a party disputing an invoice must give specific written notice within 7 days or the invoice is deemed accepted. Those fallback and dispute rules do not apply to public works, to contracts for the erection of 6 or fewer residential units under construction at once, or to the alteration or repair of any single residential unit. An owner or contractor that retains part of a payment must give written notice of why within 7 days of the date payment was due. Unpaid interest penalties are added to the principal at the end of each 30-day period. A written contract can set its own payment terms where the statute allows. This is 6 Del. C. §§ 3506, 3507, 3508.
| What | Delaware |
|---|---|
| Payment deadline | Owner 30 days after billing period; interest at legal rate |
| Who this covers | Private construction, not only public works |
What the statute says
“A payment clause which obligates the owner to pay the contractor for satisfactory performance under the contract within 30 days of the end of the billing period …”
Quoted word for word from the section’s text.
Source
Read the statute in the Delaware Code (Delaware General Assembly): delcode.delaware.gov.
Checked against the statute on November 15, 2026.
This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.
How Seayora uses this rule
A contractor on Seayora keeps every job’s dates, its estimate, its invoices and its payments in one record, so the date work was last performed, the date each invoice went out and the amount still owed are on file when a lien or payment deadline is counted.
Guides on this rule
- Prompt Payment Laws by State for Private Construction — How many days an owner has to pay a contractor on private construction, in each of the 36 jurisdictions with a prompt payment statute.
Compare this rule in every state
More Delaware rules
- How long does a landlord have to return a security deposit in Delaware?
- How much can a landlord charge for a security deposit in Delaware?
- How many days does a tenant get to pay late rent in Delaware?
- How much notice does a landlord have to give before entering in Delaware?
- How much notice does a landlord have to give before raising the rent in Delaware?
- How much notice must a landlord give to end a tenancy in Delaware?
- How much can a landlord charge for a late rent fee in Delaware?
- Is there a grace period for paying rent in Delaware?
- How much can a landlord charge for a rental application fee in Delaware?
- What are squatters’ rights in Delaware?
- Can a landlord refuse a Section 8 voucher in Delaware?
- Can a landlord retaliate against a tenant for complaining in Delaware?
- Can a tenant repair and deduct from rent in Delaware?
- Can a tenant withhold rent for repairs in Delaware?
- Can a domestic violence victim end a lease early in Delaware?
- Can a tenant sublet in Delaware?
- What happens if a tenant breaks a lease in Delaware?
- What can a landlord do with a tenant’s belongings left behind in Delaware?
- Do HVAC contractors need a license in Delaware?
- Do you need a general contractor license in Delaware?
- Do you need a license to do electrical work in Delaware?
- Do you need a license to work as a plumber in Delaware?
- Can you use a transfer-on-death deed in Delaware?
- How does joint tenancy with right of survivorship work in Delaware?
- What is the deadline to file a mechanic’s lien in Delaware?
- Does a home seller have to disclose the property’s condition in Delaware?
- What is the real estate transfer tax in Delaware?
- How long does a homeowner have to cancel a home improvement contract in Delaware?
- Do contractors charge sales tax in Delaware?
- Every Delaware rule on one page
The same question in other states
- Alabama
- Arizona
- California
- Connecticut
- District of Columbia
- Florida
- Georgia
- Hawaii
- Illinois
- Kansas
- Kentucky
- Louisiana