Faw Casson

The Delaware Contractor Registration Act


Delaware law; landscaper; contractor; builders; construction; state jobs

July 20, 2021

 

In a recent change to the rules surrounding the licensing and registration of those businesses that perform contracting services, the Delaware Contractor Registration Act now requires that they also obtain a Contractor Registration Certificate. This certificate must be obtained before any work is able to be done in the State of Delaware.  Any business that falls under the “Contracting Services” umbrella must submit an application form and fee no later than August 1, 2021.
 
Who needs to register?
The State’s definition of “Construction Services” covers a wide range of specialties, and some that may not traditionally be thought of as falling under something called a Contractor Registration. They include, without limitation, all building of structures, but also things such as improvements to heavy generators, buoys/wharves/jetties, and excavating and landscaping. The requirement to register is based up your NAICS code. A full list of NAICS codes that fall under this Act are listed here: https://onestop.delaware.gov/Operate_Contractors 
 
What does it cost?
There is an annual, non-refundable registration fee for this certification. The cost is $200 for private construction, $300 for public construction, and $500 for both private and public.  There is a two year registration available if the business was continuously registered for the last two years, the renewal application was received before the expiration date and there are no prior violations of State or Federal Labor Laws. The cost of the two-year registration is $300 for private construction and $500 for public.
 
How do you apply?
To apply for the certification, visit https://onestop.delaware.gov/ and select “LEARN AND APPLY” under “Delaware Department of Labor Contractor Registration is now available.” and follow the steps.
 
What do you need to apply?
  • FEIN / ITIN or full social security number(s) for Limited Liability Corporations
  • NAICS code(s)
  • Full business name, address, telephone, facsimile, and email address
  • Business type (i.e. Corporation, Limited Liability Corporation, etc.)
  • Out of state businesses must provide full contact information for custodian of records - Delaware registered agent
  • Contact information for each person with financial interest in business
  • Delaware Business License and number
  • Workers Compensation Policy coverage for Delaware
  • Policy number
  • Delaware Unemployment Insurance SUI number
  • Safety Plan compliant with Occupational Safety and Health Administration (OSHA) or evidence you are creating a compliant plan
  • Listing of any Labor Law violations or Fraud that occurred in last two (2) years. Will need to provide the dates and outcome of each violation(s) (ie. Settlement, Compliance, fines/penalties, and/or court decisions)
  • Valid credit card for payment (online) or check for paper registration form
 
Please see the FAQ question on the https://onestop.delaware.gov/ website for any further questions or concerns.