CONSTRUCTION CONTRACT

I. The Parties. This Construction Contract (“Agreement”) is made between:

Client: [CLIENT’S NAME] with a mailing address of [ADDRESS], City of [CITY], State of [STATE], (“Client”)

AND

Contractor: [CONTRACTOR’S NAME] with a mailing address of [ADDRESS], City of [CITY], State of [STATE] (“Contractor”).

WHEREAS the Client intends to pay the Contractor for Services provided, effective [DATE, YEAR], under the following terms and conditions:

II. The Services. The Contractor agrees to perform the following: [DESCRIPTION].

Hereinafter known as the “Services”.

III. Payment. In consideration for the Services to be performed by the Contractor, the Client agrees to pay the following: (check one)

☐ – $[AMOUNT] / Hour.

☐ – $[AMOUNT] for the Services.

☐ – Commission in the amount of: [AMOUNT].

☐ – Other: [DESCRIPTION].

Completion shall be defined as the fulfillment of Services as described in Section II in accordance with industry standards and to the approval of the Client, not to be unreasonably withheld.

The Contractor agrees to be paid: (check one)

☐ – At completion of the Services performed.

☐ – On a ☐ weekly ☐ monthly ☐ quarterly basis beginning on [DATE] until the completion of the Services.

☐ – Other. [DESCRIPTION].

IV. Due Date. The Services provided by the Contractor shall: (check one)

☐ – Be completed by [DATE].

☐ – Not have a due date.

☐ – Other. [DESCRIPTION].

V. Expenses. The Contractor shall be: (check one)

☐ – Responsible for all expenses related to providing the Services under this Agreement. This includes, but is not limited to, supplies, equipment, operating costs, business costs, employment costs, taxes, Social Security contributions/payments, disability insurance, unemployment taxes, and any other cost that may or may not be in connection with the Services provided Contractor.

☐ – *Reimbursed for the following expenses that are attributable directly to the Services performed under this Agreement: [DESCRIPTION].

*The Client will be required to pay the Contractor within thirty (30) days of any Expense after receiving an itemized expense statement from the Contractor. Upon request by the Client, the Contractor may have to show any receipt(s) or proof of purchase for said Expense(s).

VI. Liability Insurance (Minimum ($) Amount). The Contractor agrees to bear all responsibility for the actions related to themselves and their employees or personnel under this Agreement. In addition, the Contractor agrees to obtain comprehensive liability insurance coverage in case of bodily or personal injury, property damage, contractual liability, and cross-liability (“Liability Insurance”).

The minimum amount ($) for the Liability Insurance shall: (check one)

☐ – Be a minimum amount of combined single limit of $[AMOUNT].

☐ – Not have a minimum amount required.

VII. Termination. This Agreement shall terminate upon the: (check one)

☐ – Completion of the Services provided.

☐ – Date of [DATE].

☐ – Other. [DESCRIPTION].

In addition, the Client or Contractor may terminate this Agreement, and any obligations stated hereunder, with reasonable cause by providing written notice of a material breach of the other party; or any act exposing the other party to liability to others for personal injury or property damage.

VIII. Option to Terminate. The Client and Contractor shall: (check one)

☐ – Have the option to terminate this Agreement at any time by providing [#] days’ written notice.

☐ – Not have the option to terminate this Agreement unless there is reasonable cause, as defined in Section VII.

IX. Independent Contractor Status. The Contractor, under the code of the Internal Revenue Service (IRS), is an independent contractor, and neither the Contractor’s employees or contract personnel are, or shall be deemed, the Client’s employees.

X. Business Licenses, Permits, and Certificates. The Contractor represents and warrants that all employees and personnel associated shall comply with federal, state, and local laws requiring any required licenses, permits, and certificates necessary to perform the Services under this Agreement.

XI. Federal and State Taxes. Under this Agreement, the Client shall not be responsible for: Withholding FICA, Medicare, Social Security, or any other federal or state withholding taxes from the Contractor’s payments to employees or personnel or make payments on behalf of the Contractor; Make federal or state unemployment compensation contributions on the Contractor’s behalf.

XII. Benefits of Contractor’s Employees. The Contractor understands and agrees that they are solely responsible for shall be liable to all benefits that are provided to their employees, including but not limited to, retirement plans, health insurance, vacation time-off, sick pay, personal leave, or any other benefit provided.

XIII. Unemployment Compensation. The Contractor shall be solely responsible for the unemployment compensation payments on behalf of their employees and personnel. The Contractor shall not be entitled to unemployment compensation in connection with the Services performed under this Agreement.

XIV. Workers’ Compensation. The Contractor shall be responsible for providing all workers’ compensation insurance on behalf of their employees. If the Contractor hires employees to perform any work under this Agreement, the Contractor agrees to grant workers’ compensation coverage to the extent required by law. Upon request by the Client, the Contractor must provide certificates proving workers’ compensation insurance at any time during the performance of the Service.

XV. Indemnification. The Contractor shall indemnify and hold the Client harmless from any loss or liability from performing the Services under this Agreement.

XVI. Confidentiality. The Contractor acknowledges that it will be necessary for the Client to disclose certain confidential and proprietary information to the Contractor in order for the Contractor to perform their duties under this Agreement. The Contractor acknowledges that disclosure to a third party or misuse of this proprietary or confidential information would irreparably harm the Client.

XVII. Proprietary Information. Proprietary information, under this Agreement, shall include:

The product of all work performed under this Agreement (“Work Product”) will be the sole property of the Client, and Contractor hereby assigns to the Client all right, title and interest therein. Contractor retains no right to use the Work Product and agrees not to challenge the validity of the Client’s ownership in the Work Product;

XVIII. No Partnership. This Agreement does not create a partnership relationship between the Client and the Contractor. Unless otherwise directed, the Contractor shall have no authority to enter into contracts on the Client’s behalf or represent the Client in any manner.

XIX. Assignment and Delegation. The Contractor may assign rights and may delegate duties under this Agreement to other individuals or entities acting as a subcontractor (“Subcontractor”). The Contractor recognizes that they shall be liable for all work performed by the Subcontractor and shall hold the Client harmless of any liability in connection with their performed work.

XX. Governing Law. This Agreement shall be governed under the laws in the State of [STATE].

XXI. Severability. This Agreement shall remain in effect in the event a section or provision is unenforceable or invalid. All remaining sections and provisions shall be deemed legally binding unless a court rules that any such provision or section is invalid or unenforceable, thus, limiting the effect of another provision or section. In such case, the affected provision or section shall be enforced as so limited.

XXII. Breach Waiver. Any waiver by the Client of a breach of any section of this Agreement by the Contractor shall not operate or be construed as a waiver of any subsequent breach by the Contractor.

XXIII. Additional Terms and Conditions. [DESCRIPTION].

XXIV. Entire Agreement. This Agreement, along with any attachments or addendums, represents the entire agreement between the parties. Therefore, this Agreement supersedes any prior agreements, promises, conditions, or understandings between the Employer and Employee.

Client’s Signature ______________________ Date: _______________

Print Name ______________________

Contractor’s Signature ______________________ Date: _______________

Company: ______________________

Print Name: ______________________