Delaware 2025-2026 Regular Session

Delaware Senate Bill SB241

Introduced
2/26/26  
Refer
2/26/26  

Caption

An Act To Amend Title 29 Of The Delaware Code Relating To Project Labor Agreements.

Summary

Senate Bill 241 amends Title 29 of the Delaware Code to require project labor agreements (PLAs) on most qualifying state public works projects. For public works contracts advertised after September 30, 2026, any project with an aggregate cost of $5 million or more must include a PLA with the Delaware Building and Construction Trades Council, unless the project receives federal funding, is highway construction or reconstruction, or there was only one bid for the craft under the contract. The bill also defines “project labor agreement” in statute and expressly includes community workforce agreements within that definition. The bill specifies that a PLA negotiated under this section is binding on all contractors and subcontractors on the project, and that bid documents must include the specifications needed to make the agreement enforceable. It also requires PLAs to advance agency interests such as cost, efficiency, quality, timeliness, a skilled labor force, and safety, while mandating provisions on worksite coverage, custom fabrication work, dispute resolution, and no-strike/no-lockout protections. The bill allows certain optional terms, including retention of a portion of a contractor’s existing workforce and limits on whether the successful bidder or subcontractors must be party to other labor agreements for the project. The bill’s main legal impact is to create a statewide PLA requirement for large public works projects and to standardize the terms under which those agreements must operate. It would affect state agencies, public owners, general contractors, subcontractors, and labor organizations involved in covered construction projects, while carving out federally funded projects, highway projects, and single-bid situations. By tying the requirement to advertised contracts after a future effective date, the bill gives agencies and the construction industry time to adjust procurement practices and labor planning. Overall sentiment around the bill appears supportive among its sponsors and cosponsors, with the measure framed as a way to improve project delivery, labor stability, and workforce quality on large public construction projects. The bill text and synopsis emphasize efficiency, safety, and enforceable labor-management terms, suggesting a pro-PLA policy approach. No committee transcript or vote record was provided, so there is no documented recorded opposition or debate in the supplied materials. The most likely points of contention are the mandatory nature of the PLA requirement and its effect on contractor bidding and labor flexibility. Potential critics may object that requiring PLAs could increase costs, limit competition, or favor union-affiliated labor arrangements, while supporters are likely to argue that the agreements reduce labor disputes and improve predictability on major projects. The statutory exceptions for federal funding, highway work, and single-bid contracts suggest an effort to narrow the mandate and address some practical concerns.

Impact

SB 241 would add a new statutory requirement in Title 29 for large public works contracts to include project labor agreements, and it would define PLAs to include community workforce agreements. It would directly affect state procurement and construction contracting rules for projects advertised after September 30, 2026, and would bind contractors and subcontractors to the negotiated labor terms on covered projects. The bill would also set minimum content requirements for PLAs and create exceptions that limit the mandate in certain circumstances.

Sentiment

The available materials suggest a generally favorable, pro-labor and pro-project-management sentiment. The sponsors present the bill as a way to improve cost control, efficiency, quality, timeliness, workforce skill, and safety on large public works projects. Because no committee transcript or vote history was provided, there is no direct evidence of formal opposition in the record supplied, though the structure of the bill indicates it is designed to support organized labor participation in public construction.

Contention

The main likely contention is whether the state should require PLAs on large public works projects rather than leaving them optional. Opponents may argue that mandatory PLAs can reduce competition, raise bid prices, or disadvantage nonunion contractors and subcontractors, while supporters may contend that they promote labor peace, skilled labor availability, and reliable project delivery. Additional friction may arise over the bill’s binding effect on all contractors and subcontractors, and over the extent of the exceptions for federal funding, highway projects, and single-bid situations.

Companion Bills

No companion bills found.

Previously Filed As

DE SB197

An Act To Amend Title 14 And Title 29 Of The Delaware Code Relating To Project Labor Agreements For School Public Works Contracts.

DE SB272

An Act To Amend Title 14 And Title 29 Of The Delaware Code Relating To Project Labor Agreements For School District Public Works Contracts.

DE HB52

An Act To Amend Title 29 Of The Delaware Code Relating To Fiscal Projections.

DE SB134

An Act To Amend Title 29 Of The Delaware Code Relating To Reverse Auctions.

DE SB63

An Act To Amend Title 19 Of The Delaware Code Relating To Labor.

DE HB374

An Act To Amend Title 29 Of The Delaware Code Relating To Large Public Works Contracts.

DE SB263

An Act To Amend Title 19 Of The Delaware Code Relating To Labor.

DE HB211

An Act To Amend Title 29 Of The Delaware Code Relating To The Innovating Delaware Act.

DE HB390

An Act To Amend Title 29 Of The Delaware Code Relating To The Electronic Submission Of Bids And Bid Openings For Electronic Bidding.

DE HB182

An Act To Amend Title 11 Of The Delaware Code Relating To Law Enforcement Agency Agreements.

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