# Delaware — Construction prompt payment act deadlines by US state — owner-to-contractor and contractor-to-subcontractor payment windows, retention release deadlines, and late-payment interest rates

For Delaware, owner-to-gc payment deadline (days) is 30; gc-to-sub flow-down deadline (days) is 15; late-payment interest rate is 5% over Federal Reserve discount rate per year; project types covered is both; attorney fees recoverable is yes, verified against its source on 2026-08-15.

- **State:** Delaware _(verified: appears in the quote below)_
- **Owner-to-GC payment deadline (days):** 30 _(verified: appears in the quote below)_
- **GC-to-sub flow-down deadline (days):** 15 _(verified: appears in the quote below)_
- **Late-payment interest rate:** 5% over Federal Reserve discount rate per year _(verified: appears in the quote below)_
- **Project types covered:** both _(verified: appears in the quote below)_
- **Attorney fees recoverable:** yes _(verified: appears in the quote below)_
- **Statutory citation:** Del. Code Title 6, §§3501 et seq. and §2301 (private); Del. Code Title 29, §6516(f) (public) _(verified: appears in the quote below)_

## What the source says

> Projects Covered by Prompt Payment in Delaware The state of Delaware regulates prompt payment on both private and public construction projects. Private Projects Payment on private construction projects in Delaware are governed by <https://www.levelset.com/prompt-payment/delaware-prompt-payment-faqs/#faq-item-2301-legal-rate-loans-insured-by-federal-housing-administration> Del. Code. Title 6, §§3501 et seq. and §2301 . These regulations apply to all private construction projects except residential projects of 6 or fewer units. Payment Deadlines for Private Projects Payments from the property owner to prime contractors must be made within 30 days of either the receipt of a request for payment, or the end of the billing period; whichever is later. Once the contractor has received payment, they must in turn pay their subcontractors or suppliers within 15 days.

## Source

- https://www.levelset.com/prompt-payment/delaware-prompt-payment-faqs/

Last verified: 2026-08-15. Review by: 2027-08-15.
Part of [Construction prompt payment act deadlines by US state — owner-to-contractor and contractor-to-subcontractor payment windows, retention release deadlines, and late-payment interest rates](https://referencesource.org/construction-prompt-payment-deadlines-by-state/).