29 Del. C. § 2563: Good faith [For application of this section, see 85 Del. Laws, c. 526, § 3].

(a) The good faith requirement set forth in § 2562(e) of this title must be determined based on all relevant facts and circumstances.

(b) A finder of fact may look to indicia of good faith in making such determination, which may include the following:

(1) Providing timely responses to correspondence from the Division.

(2) Providing written responses to the facts alleged in the complaint.

(3) Making reasonable settlement offers.

(4) Efforts to address the complaint through mitigation or repair work.

(5) Additional indicia of good faith identified by the Director through regulations promulgated under § 2521 of this title.

(c) Whether a contractor agreed to a settlement proposal is not relevant and may not be considered by a fact finder in determining a contractor’s good faith under this subchapter.