Independent Contractor Agreement - sample

This is a sample agreement.
INDEPENDENT CONTRACTOR AGREEMENT
(CONTRACTOR COMPENSATION CONTRACT)

This agreement is entered into on this ______ day of __________________________, 20_____ by and between ______________________________________________ (hereinafter referred to as “Contractor”) and ______________________________________________ (hereinafter referred to as “Client”) for services to be rendered at: _______________________________________________________________________________ Contractor will commence work on or before __________________________, 20_____ and will perform same on a daily basis. This work shall be completed on or before __________________________, 20_____.

Contractor and Client hereby agree to the following:

1. Independent Contractor: Contractor and Client intend this Agreement to be one of independent contractor and client. Accordingly, Contractor retains the sole right to control or direct the manner in which the services prescribed herein are to be performed. Subject to the foregoing, Client retains the right to inspect, to stop work, to prescribe alterations, and generally to supervise the work to insure its quality and conformity with that specified in this Agreement. Contractor and Client understand that it is the Contractor’s sole and complete responsibility to pay all employment taxes, including Federal and State withholding taxes, Social Security, and obtain insurance, including worker’s compensation coverage and public liability insurance arising out of or relating to this Agreement. Contractor warrants that upon signing of this agreement that Contractor has obtained all stated and necessary insurance and that it will be kept in full force and effect until the completion of the work contracted for herein. As such, contractor herewith agrees to sole and complete liability for any injury to self or contractor’s workers.

2. Services Provided: Contractor agrees to perform the services listed in this contract (as contained in Exhibit "A", attached hereto and made a part hereof by reference) on behalf of the Client.

3. Building Permits: __________________ is responsible for obtaining building permit as required.

4. Inspections: Contractor is responsible for arranging for and passing all required building inspections.

5. Cleanup: Contractor is responsible for cleaning up/hauling and disposal of any debris created by services performed.

6. Client Approval: Client will approve Contractor services on the following basis:
a. Their ability to meet governing building codes
b. All required building permit inspections have been completed and passed
c. That services have been completed including all punch-out work as agreed.

7. Invoicing: Contractor will invoice Client as outlined in the payment schedule as contained in Exhibit "B", attached hereto and made a part hereof by reference. Payment will be made within ten (10) days of receipt of invoice provided all services have been inspected and approved by Client. Client agrees to inspect services performed within five (5) days of receipt of invoice and immediately provide Contractor a written list of any deficiencies that will prevent payment. Regardless of payment schedule, 20% of total contract price will be held until client approves all completed services, including any punch-out work as agreed, and an unconditional waiver and release is signed.

8. Cancellation: Client reserves the right to cancel any of the services in this contract, which have not been completed by Contractor within the specified time frame. No compensation will be due for tasks not completed.

9. Crew Size: Contractor agrees to keep a minimum of ____ workers on the job at all times during the hours of _____ AM to ____ PM ____ days per week in order to assure the timely completion of this contract. Failure to do so will be construed as a default under this agreement and Client, at its option may deduct daily penalties as outlined herein in addition to any other penalties which may also be due.

INDEPENDENT CONTRACTOR SERVICES AGREEMENT (Continued)

10. Penalties: Contractor agrees to a reduction in payment, or if payment has already been made, Contractor agrees to reimburse to Client the sum of $______________ per day for each day Contractor delays completion beyond __________________________, 20_____. Completion date shall be adjusted for change orders as agreed in writing between Contractor and Client.

11. Communications: Contractor and Client agree that communication between the parties is vital to the rapid completion of this contract. Each herewith agrees to promptly respond to any message from the other party. Each further agrees to provide the other with any change of contact telephone numbers.

12. Waiver: Failure of Client to insist upon strict compliance of any of the provisions of this agreement shall not constitute a waiver of any violation, nor shall any partial payment outside of the “payment schedule” be deemed as a waiver of any of the Client’s rights to strict compliance with any of the terms of this agreement.

13. Addresses: Contractor herewith provides to Client the true and correct residence address and private home telephone numbers of each of the Contractors signing below.

14. Entire Agreement: There are no other agreements, promises or understandings between these parties except as specifically set forth herein. This legal and binding Agreement will be construed under ______________________ State Law, will not be recorded and if not understood, parties should seek competent legal advice. If “Scope of Work” forms are attached, the agreement contained in that document is hereby made a part hereof by reference.

15. Special Stipulations: The following stipulations, if in conflict with any of the preceding, shall control:
____________________________________________________________________________________________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________________________________________________________________________________________

IN WITNESS WHEREOF, all of the parties hereto affix their hands and seals.

__________________________________ _________________
Client: Date

__________________________________ _____________________ _________________
Contractor: Social Security Number Date

Contractor Residence Address: ____________________________________
Contractor Residence Phone Number: _______________________________
Contractor Pager Number: _________________________________________
Contractor Cell Phone: ____________________________________________
Contractor Fax: __________________________________________________

EXHIBIT “A” TO THE
INDEPENDENT CONTRACTOR
SERVICES AGREEMENT

Services to Be Provided

This Exhibit is part of the Independent Contractor Services Agreement dated the ______ day of __________________, 20_____, between _________________________________________________, as Contractor, and ____________________________________________________________, as Client thereof.

(Any attached “Scope of Work” forms shall also become a part hereof.)

EXHIBIT “B” TO THE
INDEPENDENT CONTRACTOR
SERVICES AGREEMENT

Payment Schedule

This Exhibit is part of the Independent Contractor Services Agreement dated the ______ day of __________________, 20_____, between _________________________________________________, as Contractor, and ________________________________________________________, as Client thereof.

Work to be performed as stated. Total contract: $_____________________

PAYMENT #1 - $______________________ to be paid upon the completion of:

PAYMENT #2 - $______________________ to be paid upon the completion of:

PAYMENT #3 - $______________________ to be paid upon the completion of:

OTHER PAYMENT - $______________________ to be paid upon the completion of:

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