For purposes of this chapter:

(1) “Contractor” means a person, partnership, association, joint stock company, trust, corporation, limited liability company, or other legal business entity or successor or subsidiary thereof that engages in construction services or maintenance under an express or implied contract on behalf of another entity or individual for profit within the State, and includes any subcontractor or lower tier subcontractor of a contractor.

(2) “Construction services” includes all building or work on a building, structure, or improvement of any type, including bridges, dams, plants, highways, parkways, streets, tunnels, sewers, mains, power lines, pumping stations, heaving generators, railways, airports, terminals, docks, piers, wharves, buoys, jetties, breakwaters, levees, canals, dredging, shoring, rehabilitation and reactivation of plants, scaffolding, drilling, blasting, excavating, clearing and landscaping, including tree cutting.

(3) “Custom fabrication” means the fabrication of plumbing, heating, cooling, ventilation, or exhaust duct systems and mechanical insulation.

(4) “Department” means the Department of Labor.

(5) “Knowing” means having actual knowledge of or acting with deliberate ignorance or reckless disregard for the prohibition involved.

(6) “Maintenance” means the repair of existing facilities when the size, type, or extent of such facilities is not changed or increased.

(7) “Public works contract” means a construction contract under Chapter 69 of Title 29.

(8) “Secretary” means the Secretary of Labor, or the Secretary’s authorized designee.

(9) “Subcontractor” means a lower tier contractor of a contractor, including owner operators or independent contractors.

(10) “Violation” means a project or contract where work is done by a contractor who is not registered under this chapter.

(11) “Worker” means a laborer, mechanic, skilled, or semi-skilled laborer and apprentices or helpers employed by any contractor or subcontractor and engaged in the performance of construction services or maintenance in the State, regardless of whether the work becomes a component part of the construction or maintenance. “Worker” does not mean a material supplier or employees of a material supplier. A contractor or subcontractor engaged in custom fabrication is not a material supplier for purposes of this section.

82 Del. Laws, c. 168, § 4; 82 Del. Laws, c. 291, § 2;