29 Del. C. § 2564: Confidentiality [For application of this section, see 85 Del. Laws, c. 526, § 3].

(a) All communications with the Division by the buyer or the contractor as part of the home improvement dispute resolution process constitute conduct or statements made during compromise negotiations about the claim.

(b) Communications with the Division by the buyer or the contractor as part of the home improvement dispute resolution process may be admitted as evidence in subsequent civil litigation for limited purposes in the discretion of the court and subject to the following:

(1) These communications may not be admitted as evidence for purposes of proving or disproving the validity or amount of a disputed claim or to impeach by a prior inconsistent statement or a contradiction.

(2) These communications may be admitted in the discretion of the court for the purpose of establishing whether a contractor participated in the home improvement dispute resolution process in good faith.

(c) No statement or other information compelled under the home improvement dispute resolution process, or any information directly or indirectly derived from such statement or other information compelled, may be used against the contractor in any criminal case, except as follows:

(1) The statement or information is introduced as evidence in a prosecution for perjury or giving a false statement.

(2) The statement or information is introduced as a prior inconsistent statement of a testifying defendant that may be used for the limited purpose of impeaching the defendant’s credibility subsequent to this State’s case-in-chief, if it has been disclosed to the defense in discovery.