Alaska construction independent contractor agreement template

Alaska Construction Independent Contractor Agreement

This Construction Independent Contractor Agreement (the "Agreement") is made and entered into as of [Date] by and between:

[Client Name], residing at [Client Address], hereinafter referred to as "Client," and

[Contractor Name], DBA [Contractor Business Name], with a business address at [Contractor Address], Alaska Business License Number [Contractor Alaska Business License Number], hereinafter referred to as "Contractor."

1. Project Scope

The Contractor agrees to perform the following construction services (the "Services") for the Client: [Describe Services] at the following location (the "Project Location"): [Project Address]. Legal Description (if applicable): [Legal Description]. This includes, but is not limited to:

• Option A: General Construction
• Option B: Carpentry
• Option C: Plumbing
• Option D: Electrical

Detailed specifications and drawings for the Services are attached hereto as Exhibit A. The Contractor shall comply with all applicable Alaska Uniform Building Code regulations.

2. Independent Contractor Status

The Contractor is an independent contractor and not an employee of the Client. The Client shall not be responsible for withholding taxes, workers' compensation, unemployment insurance, or any other employment-related benefits. Contractor is solely liable for all payroll taxes, Social Security, and Medicare as required by the Alaska Department of Labor and Workforce Development.

3. Term and Schedule

The Services shall commence on [Start Date] and are estimated to be completed by [Estimated Completion Date].

The Contractor shall adhere to the following work schedule: [Work Schedule].

Project Milestones:

• Milestone 1: [Milestone Description], Completion Date: [Date]
• Milestone 2: [Milestone Description], Completion Date: [Date]

4. Compensation

The Client shall compensate the Contractor as follows:

• Option A: A fixed price of [Dollar Amount] for the complete Services.
• Option B: Time and materials, billed at [Hourly Rate] per hour plus the cost of materials.
• Option C: By Milestone:
  • Milestone 1 Payment: [Dollar Amount]
  • Milestone 2 Payment: [Dollar Amount]

Payment Schedule: Payments shall be made every [Frequency, e.g., two weeks].

Deposit/Retainer: [Dollar Amount] retainer due upon signing of this agreement.

Alaska State and Local Sales Tax: Contractor is responsible for the collection and remittance of all applicable Alaska state and local sales taxes.

5. Change Orders

Any changes to the Scope of Services must be documented in a written change order, signed by both the Client and the Contractor, including adjustments to the compensation and schedule. All Change Orders must be assessed for cost and time impact before approval.

6. Permits and Licenses

The Contractor is responsible for obtaining all necessary permits and licenses required by the State of Alaska and any applicable municipality for the performance of the Services.

7. Materials and Equipment

• Option A: The Contractor shall provide all materials and equipment necessary to perform the Services.
• Option B: The Client shall provide all materials and equipment necessary to perform the Services.

Responsibility for defective supplies: [Responsibility for Defective Supplies].

8. Ownership of Work Product

Upon completion of the Services and full payment, all ownership of the work product shall transfer to the Client. This includes project documentation.

9. Mechanics' and Materialmen's Lien Rights

The Contractor acknowledges the Client’s rights under Alaska Statutes AS 34.35.050, et seq., regarding mechanics’ and materialmen’s liens.

The Contractor agrees to provide lien waivers upon request and as a condition of payment.

Notice of Right to Lien Deadline: Contractor shall comply with all deadlines for notice of right to lien.

10. Insurance

The Contractor shall maintain the following insurance coverage:

• General Liability Insurance: [Dollar Amount]
• Auto Insurance: [Dollar Amount]
• Workers' Compensation Insurance: As required by Alaska law.

The Client shall be named as an additional insured on the Contractor's General Liability policy.

11. Site Safety and OSHA Compliance

The Contractor is responsible for maintaining a safe work site and complying with all applicable OSHA and Alaska-specific safety standards.

12. Confidentiality

The Contractor shall maintain the confidentiality of all project designs, methods, and client data.

13. Warranties

The Contractor warrants that the Services will be performed in a workmanlike manner and free from defects for a period of [Number] year(s) from the date of completion.

Warranty and correction of defective work per Alaska statute (AS 09.45.895).

14. Subcontracting

• Option A: The Contractor shall not subcontract any portion of the Services without the prior written consent of the Client.
• Option B: The Contractor may subcontract portions of the service, but is responsible for ensuring that all subcontractors are licensed and insured according to Alaska law.

15. Inspection and Acceptance

The Client shall have the right to inspect the Services at reasonable times. Upon completion, the Client shall provide a written acceptance of the Services, subject to a punch list of any remaining items to be completed.

16. Indemnification

The Contractor shall indemnify and hold harmless the Client from any and all claims, losses, or damages arising out of the Contractor's performance of the Services, to the extent caused by the negligence or willful misconduct of the Contractor.

17. Breach Remedies

In the event of a breach of this Agreement, the non-breaching party shall be entitled to all available remedies at law or in equity, including but not limited to damages, specific performance, and injunctive relief.

18. Termination

• Option A: Either party may terminate this Agreement for cause upon written notice of [Number] days.
• Option B: The Client may terminate this Agreement for convenience upon written notice of [Number] days.

Alaska requirements for final accounting: [Alaska Requirements].

19. Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to force majeure events, including but not limited to acts of God, extreme weather, governmental delays, or remote site access interruptions specific to Alaska.

20. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of Alaska.

Any dispute arising out of or relating to this Agreement shall be resolved through [Negotiation/Mediation/Arbitration/Litigation] in [Location].

21. Required Disclosures

Contractor's Licensing Status Notification: [Contractor's Licensing Status].

22. Audit/Inspection of Records

The Client shall have the right to audit/inspect the Contractor’s records for compliance with this contract and Alaska regulatory requirements.

23. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

24. Amendment

This Agreement may be amended only by a writing signed by both parties.

25. Assignment

This Agreement may not be assigned by either party without the prior written consent of the other party.

26. Project Record-Keeping and Retention Requirements

The Contractor shall maintain project records as imposed by Alaska law for construction services.

27. Attestation

The parties acknowledge that they have read, understood, and agree to all the terms and conditions of this Agreement.

Client:

____________________________

[Client Name]

Date: ______________________

Contractor:

____________________________

[Contractor Name]

Date: ______________________

Notary Acknowledgment (If Required):

State of Alaska )

) ss.

Judicial District )

On this [Day] day of [Month], [Year], before me, the undersigned, a Notary Public in and for said State, personally appeared [Client Name], and [Contractor Name], known to me to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained.

In Witness Whereof, I hereunto set my hand and official seal.

____________________________

Notary Public

My Commission Expires: ______________________