29 Del. C. § 2562: Home improvement dispute resolution process [For application of this section, see 85 Del. Laws, c. 526, § 3].

(a) The Division shall establish a home improvement dispute resolution process to assist buyers with disputes involving home improvement contracts and shall post a copy of the home improvement dispute resolution process on its website.

(b) To be eligible for the home improvement dispute resolution process, a buyer must do all of the following:

(1) Send the contractor a written request to resolve the dispute. The written request must meet all of the following criteria:

a. The request is on a form approved by the Director.

b. The request is signed under penalty of perjury.

c. The request is sent to the contractor in 1 of the following ways:

1. By email or other electronic means if evidence of receipt of the written request is established, such as through acknowledgement or response by the contractor.

2. If the home improvement contract contains a mailing address for the contractor, mailed to the contractor’s address by certified mail.

3. If the home improvement contract does not contain a mailing address for the contractor, sent to the contractor using other contact information for the contractor contained within the contract.

4. If the contract does not contain contact information for the contractor, sent to the contractor by any reasonable means.

d. The request includes a statement that the contractor has 20 days from the date the request was mailed or sent via other means to respond to the request in writing.

(2) Complete an application for assistance on a form approved by the Division. The application must be signed under penalty of perjury and include all of the following:

a. A copy of the written request to resolve the dispute described in paragraph (b)(1) of this section.

b. One of the following:

1. A copy of the contractor’s response to the written request to resolve the dispute.

2. A statement, signed under penalty of perjury, confirming that the consumer did not receive a response to the written notice within 20 days of the date the written request to resolve the dispute was mailed or sent by other means.

c. A copy of the home improvement contract between the buyer and contractor.

d. Any other information requested by the Division on the application form.

(c) Upon receiving a completed application, the Division must send written notice to the contractor that the Division is initiating the home improvement dispute resolution process. The notice must be sent to the contractor by any method permitted under paragraph (b)(1) of this section and must include all of the following:

(1) A copy of the buyer’s application for assistance.

(2) A statement that participation in the home improvement dispute resolution process is mandatory and that a failure to participate in good faith is a violation of the Consumer Fraud Act [subchapter II of Chapter 25 of Title 6].

(3) A statement that the contractor has 20 days from the date that the notice was sent to respond to the Division with the contractor’s position on the dispute.

(4) An explanation of the Division’s dispute resolution procedures.

(d) If the Division receives a response from the contractor, the Division must utilize the home improvement dispute resolution process to attempt to resolve the dispute.

(e) The contractor must participate in the home improvement dispute resolution process in good faith.