29 Del. C. § 2567: Cause of action; damages; enhanced recoveries [For application of this section, see 85 Del. Laws, c. 526, § 3].

(a) A person who suffers damage or injury as a result of a violation of subchapter II of Chapter 25 of Title 6 in a matter related to a home improvement contract, including a violation under § 2566 of this title, has a cause of action to recover actual damages, court costs, and reasonable attorneys’ fees.

(b) If a private cause of action is brought by or on behalf of a victim under subsection (a) of this section, the victim is entitled to recover 3 times the amount of the victim’s compensatory damages if all of the following criteria are met:

(1) The buyer completed the steps under § 2562(b) of this title to be eligible for the home improvement dispute resolution process.

(2) At least 10 business days prior to the filing of the action, the buyer made a written offer of settlement to the contractor.

(3) The contractor rejected the offer of settlement. A contractor’s failure to respond to the offer of settlement within 10 business days is deemed to be a rejection of the offer.

(4) The court holds that the buyer is entitled to damages that exceed the amount in the buyer’s written offer of settlement.

(5) A wilful violation is established.

(c) The treble damages under subsection (b) of this section may be awarded in addition to any other damages to which the victim is entitled under any other law.