Alabama maintenance independent contractor agreement template

Alabama Maintenance Independent Contractor Agreement

This Alabama Maintenance Independent Contractor Agreement (the “Agreement”) is made and effective as of [Date], by and between:

• [Client Full Legal Name], residing at [Client Alabama Address], and doing business as [Client Registered Business Name (if applicable)] (the “Client”),

and

• [Contractor Full Legal Name], residing at [Contractor Alabama Address], and doing business as [Contractor Registered Business Name (if applicable)] (the “Contractor”).

1. Description of Services

• Option A: The Contractor shall provide the following maintenance services (the “Services”) at the property located at [Service Location Address]: [Detailed Description of Services, e.g., HVAC maintenance, electrical repairs, plumbing services, landscaping, janitorial services, equipment repairs]. This includes but is not limited to [Specific Tasks].
• Option B: The Contractor shall provide maintenance services as requested by the Client from time to time, subject to a mutually agreed-upon scope of work and pricing for each service call. Each request will be documented in a separate work order.
• Specific Property Type:
  • Residential
  • Commercial
  • Industrial
• Scope of Work Details:
  • Service Standards: [Detailed Service Standards]
  • Required Response Times: [Response Time Details]
  • Emergency Call Protocols: [Emergency Protocol Details]
  • Frequency of Scheduled Maintenance: [Frequency Details]
  • Reporting and Documentation Requirements: [Reporting Requirements]
• Service Location Details:
  • Access Protocols: [Access Protocol Details]
  • Site Safety Requirements: [Site Safety Rules]
  • Location-Specific Rules: [Location-Specific Rules]
• Materials and Equipment:
  • Client-Provided: [List of Client-Provided Materials, Equipment, Utilities, and Access Credentials]
  • Contractor-Supplied: [List of Contractor-Supplied Tools, Vehicles, Uniforms, and Protective Gear with Alabama OSHA compliance details]

2. Compensation

• Option A: The Client shall pay the Contractor at an hourly rate of [Hourly Rate] per hour for all Services performed.
• Option B: The Client shall pay the Contractor a fixed fee of [Fixed Fee] per service call.
• Option C: The Client shall pay the Contractor a retainer fee of [Retainer Fee] per [Time Period, e.g., month] for ongoing availability and services as needed.
• Option D: The Client shall pay the Contractor based on the following project-based rates: [Detailed Rate Schedule].
• Overtime Procedures: [Overtime Rate and Conditions]
• Minimum Call-Out Charge: [Minimum Call-Out Charge Amount]
• Payment Schedule: [Payment Schedule Details, e.g., bi-weekly, monthly, upon completion]
• Invoicing Protocols: [Invoicing Procedures]
• Late Payment Penalties: [Late Payment Penalty Details]
• Alabama Sales and Use Tax: Responsibility for collection and remittance of Alabama sales and use tax, if applicable, shall be borne by [Client/Contractor].

3. Independent Contractor Status

• The Contractor is an independent contractor and not an employee, agent, or partner of the Client. This Agreement does not create any employment relationship.
• The Contractor is responsible for all federal and Alabama state income tax, self-employment tax, and business insurance (including Alabama workers’ compensation exemption certification, general liability, and commercial auto insurance). The Contractor shall provide proof of insurance upon request.

4. Quality of Work and Communication

• The Contractor shall perform all Services in a professional and workmanlike manner, meeting industry standards.
• The Contractor shall provide written reports, logs, or digital documentation for completed jobs, including client sign-off procedures. [Specify frequency and type of reports.]

5. Confidentiality

• The Contractor shall maintain the confidentiality of all property information, security codes, and occupant privacy.
• The Contractor shall not disclose any confidential information to any third party without the Client's prior written consent.

6. Intellectual Property

• Any intellectual property rights arising from the Services, including service methodologies or custom improvements, shall belong to [Client/Contractor/Shared].

7. Safety and Compliance

• The Contractor shall comply with all applicable Alabama Department of Labor statutes, OSHA rules, and Client site policies.
• The Contractor shall maintain appropriate safety training and report any incidents immediately to the Client.

8. Subcontractors

• The Contractor shall not use subcontractors or assistants without the Client's prior written approval.
• Any subcontractors used must be properly licensed in Alabama and insured. The Contractor shall provide proof of such licensure and insurance to the Client.

9. Termination

• Option A: This Agreement may be terminated by either party with [Number] days written notice.
• Option B: This Agreement may be terminated immediately by the Client for cause, including breach of contract or failure to perform the Services adequately.
• Option C: This Agreement will automatically terminate upon completion of the Services.
• Cure Period: If the Contractor breaches this agreement, the Contractor shall have [Number] days to cure the breach after receiving written notice from the Client.
• Final Payment: Upon termination, the Client shall pay the Contractor for all Services satisfactorily completed up to the date of termination, subject to any holdback provisions for warranty/defect periods as per Alabama law.

10. Liability, Indemnification, and Insurance

• The Contractor shall indemnify and hold harmless the Client from any and all claims, damages, losses, and expenses arising from the Contractor's performance of the Services, including property damage, personal injury, and third-party claims.
• The Contractor shall maintain general liability insurance with coverage of at least [Insurance Amount]. The Contractor shall provide proof of insurance to the Client.

11. Warranty

• The Contractor warrants that all Services will be performed in a good and workmanlike manner for a period of [Warranty Period] from the date of completion.
• If any defects are discovered during the warranty period, the Contractor shall repair or replace the defective work at no cost to the Client.

12. Records Retention and Audit

• The Contractor shall maintain accurate records of all Services performed for a period of [Number] years, as may be required by Alabama tax law or the Client’s operations.
• The Client shall have the right to audit the Contractor's records upon reasonable notice.

13. Dispute Resolution

• Any disputes arising under this Agreement shall be resolved through negotiation. If negotiation fails, the parties agree to attempt mediation in accordance with Alabama rules.
• If mediation fails, any legal action shall be brought in the courts of [County Name] County, Alabama, or through arbitration in Alabama in accordance with the Alabama Uniform Arbitration Act.

14. Compliance with Laws

• The Contractor shall comply with all applicable Alabama and local ordinances, environmental codes, and business operation statutes pertinent to the maintenance work.

15. Miscellaneous

• Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Waiver: No waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom the waiver is sought to be enforced.
• Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral.
• Force Majeure: Neither party shall be liable for any failure to perform its obligations under this Agreement due to any cause beyond its reasonable control, including acts of God, war, or government regulation.
• Amendment: This Agreement may be amended only by a written instrument signed by both parties.

16. Site-Specific Requirements

• [Insert any site-specific safety requirements, specialized skills certifications, environmentally sensitive procedures, and unique payment withholding for punch-list completion].

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

_______________________________
[Client Full Legal Name]

_______________________________
[Contractor Full Legal Name]