Form Cra - Combined Registration Application For State Of Delaware Business License And/or Withholding Agent Page 14
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204. If it is determined that the contractor or subcontractor has not complied with any
State of Delaware obligations, the Division of Revenue will notify both the surety
company and the contractor or subcontractor as to the nature and amount of the
obligations due and owing to the State of Delaware.
5. Upon fulfillment of all outstanding State of Delaware obligations, the surety
company and contractor or subcontractor will be so notified, and the bond will
thereafter be released pursuant to the surety company's procedures.
6. In the case of a cash bond, the Division of Revenue will notify the contractor or
subcontractor of either compliance or noncompliance with Delaware law. If
noncompliance is found, the Division of Revenue will inform the contractor or
subcontractor as to the type and extent or the outstanding obligation. Upon
determination of the contractors' or subcontractors' compliance with all applicable
laws and, following receipt of the Department of Labor's notice thereof, the cash
bond will be released. Cash bonds will be released by mailing a State of Delaware
check in, an appropriate amount to the contractors' or subcontractors' place of
business upon completion of the required investigations.
IV.
DEFINITIONS:
A. Definitions Relating to Contractors
1. “Contractor” includes every person engaged in the business of furnishing labor or
both labor and materials in connection with all or any part of the construction,
alteration, repairing, dismantling or demolition of buildings, roads, bridges,
viaducts, sewers, water and gas mains and every other type of structure as an
improvement, alteration or development of real property; a person is a contractor
whether he is a general contractor or a subcontractor, or whether he is a resident
or a non-resident. A real estate developer is included within the definition of a
contractor to the extent the developer's activities come within the above
definition.
2. “Subcontractor” means any person, partnership, firm, corporation or other
business association or entity which enters into a contract (oral or written) directly
with a prime contractor or directly with another subcontractor, to perform labor or
to perform labor and provide materials in connection with such labor, on a site of
contract construction located in this State.
3. “Resident Contractor” or “Resident Subcontractor” includes any general
contractor, prime contractor, construction manager, subcontractor or other type of
construction contractor who regularly maintains a place of business in Delaware.
Regularly maintaining a place of business in Delaware does not include site
trailers or other facilities serving only one contract or related set of contracts.
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