Delaware State Public Works Bonds

For Delaware state public works, bond requirements depend in part on whether the procurement falls under the state’s small- or large-public-works procedures. Agencies may require bonds on small contracts; large-contract bid documents must disclose bond requirements and call for bid security and post-award performance security under the statutory process.

What Is Surety Bonds?

A surety bond guarantees that your business meets a specific obligation to a customer, contracting party or government agency. If a contract, license or permit requires one, get its exact form and amount; a bond is not insurance for your own losses. Read the national Surety bonds guide.

Delaware Surety Bonds Requirements

RequirementDetails
Small public works contractThe threshold for small public works is set by the Contracting and Purchasing Advisory Council; an agency may require bid and performance bonds for contracts in that procedure. 1
Large public works bid securityFor large state public works, the procurement statute requires bid security of at least 10% of the bid and a 100% contract-price performance bond under the specified award process. 1,2

What Should You Watch for With Surety Bonds in Delaware?

  • Find the current small-contract threshold first

    Delaware’s statute refers to thresholds set by the Contracting and Purchasing Advisory Council rather than embedding a fixed dollar cutoff in § 6961. Agencies may make bid and performance bonds a requirement even under the small-public-works procedure, so check the current threshold and solicitation rather than assuming a low-cost contract is unbonded. 1

  • Large-project bid security can become liquidated damages

    For large public works, bid security is at least 10% of the bid. If a successful bidder refuses or neglects to execute the formal contract and required bond within 20 days of award, the State may retain the bid security as liquidated damages. Arrange the post-award bond capacity before bidding. 1

  • Use the state’s prescribed performance-bond form

    The large public works process requires a performance bond for the contracting agency equal to 100% of contract price and uses the standard form issued by the Office of Management and Budget. Confirm surety authorization, obligee name and form before signing the proposal. 1,2

  • Check prequalification and bond requirements in the notice

    A large-project announcement must state bid and performance bond requirements; if the agency requires prequalification, contractors and listed subcontractors must satisfy it before bidding. Bond capacity alone does not establish procurement eligibility. 1

Which Surety Bonds Providers Have Delaware License Records?

These providers publish a national listing for Surety bonds; the license records below name the licensed entities and roles. Some records rely on company-reported information rather than independent regulator verification. A national listing does not confirm the product is available in Delaware. Check the regulator’s license lookup and confirm state availability for your business when requesting a quote.

  • TechInsurance

    Insurance producer · checked 2026-09-28

    Specialty Program Group LLC

    TechInsurance’s current licensing page names Specialty Program Group LLC / SPG Insurance Solutions and lists state license numbers, but labels Rhode Island “Individual licenses” rather than identifying a license for the named agency. RI is omitted because this disclosure does not establish agency authority there; this is a search limitation, not an assertion that the company is unlicensed. The remaining state entries are company-reported and are not an insurance product availability map. 14

    TechInsurance arranges surety bonds for small businesses.

Who Regulates Insurance in Delaware?

Delaware Department of Insurance

The Delaware Department of Insurance licenses and regulates insurers and insurance producers, reviews regulated insurance activity, and handles complaints. Its consumer division can help you raise an insurance concern and its services page links to official license searches. 3,4,5

Surplus-Lines Tax and Stamping Office in Delaware

Reported tax rate. 3% of gross premium, less return premium, when Delaware is the home state 6,7

When Delaware is the insured’s home state, its 3% surplus-lines premium tax applies to the entire premium of a multistate policy, less returned premiums and excluding federal and state taxes and examination fees. Ask the surplus-lines broker to confirm the home-state determination and tax calculation, and separately explain how exposures are allocated in the required reports; those allocations do not reduce the premium subject to Delaware’s tax.

What Should You Ask Before Buying Surety Bonds in Delaware?

  1. Has the agency classified this as a small or large public works contract under the current CPAC threshold?
  2. What bid security amount and post-award performance bond form are stated in the solicitation?
  3. What is the contract-execution deadline after award, and is prequalification required for the prime or listed subcontractors?
  4. Does the indemnity agreement cover only the named principal or also owners and affiliates, and what collateral can be demanded?

Surety Bonds in Delaware: Frequently Asked Questions

Are bonds optional for all Delaware small public works contracts?

No. Section 6961 lets an agency make bid and performance bonds a requirement for contracts within the small-public-works procedure. The applicable threshold is set separately by CPAC. 1

How much bid security is required on Delaware large public works?

The statute calls for a bid bond or assigned bidder security equal to at least 10% of the bid. The solicitation and standard form determine the instrument and exact filing details. 1,2

Who are the principal and obligee on Delaware’s large-public-works bonds?

The successful bidder is the principal. The performance bond runs to and benefits the contracting agency, while its conditions also include payment of labor and material suppliers; the surety must be authorized in Delaware and the standard Office of Management and Budget form is used. 1

Surety Bonds Guides for Other States

Other coverage in DelawareEvery coverage guide for Delaware, plus the regulator and surplus-lines details.

Updated .

This guide is informational and does not determine whether a policy is available or meets your needs. Editorial policy. To suggest a correction, contact Spot with a supporting source.

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