Connecticut construction independent contractor agreement template

Connecticut Construction Independent Contractor Agreement

This Connecticut Construction Independent Contractor Agreement (the “Agreement”) is made and entered into as of this [Date], by and between:

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

[Contractor Full Legal Name], residing at [Contractor Address], Connecticut business registration status: [Status], Contractor Registration/License Number: [Number], hereinafter referred to as "Contractor."

1. Project Description:

Option A: The Client hereby engages the Contractor to perform certain construction services as described in Exhibit A (the “Work”) at the following location(s): [Project Site Address(es)].

Option B: The Work shall consist of the following phases: [Construction Phases].

Option C: The Contractor shall/shall not (choose one) be permitted to subcontract any portion of the Work without prior written consent of the Client.

• If permitted, all subcontractors must comply with all applicable Connecticut laws and regulations.

Option D: The Contractor shall have access to the jobsite [Describe Jobsite Access].

Option E: Project plans and specifications are attached as Exhibit B. The Contractor is responsible for reviewing and understanding these documents.

Option F: The Contractor is responsible for obtaining the following permits: [List of Permits]. The Client will obtain all other necessary permits. All Work shall comply with the Connecticut Building Code, OSHA regulations, and all applicable local ordinances.

2. Scheduling and Milestones:

Option A: The anticipated start date for the Work is [Start Date]. The Contractor shall achieve substantial completion of the Work by [Substantial Completion Date].

Option B: Critical path activities are outlined in Exhibit C.

Option C: Inspection schedules will be coordinated as follows: [Inspection Schedules].

Option D: A punch list will be created upon substantial completion. The Contractor shall complete all punch list items within [Number] days of receiving the punch list.

Option E: Delays due to weather, change orders, or other unforeseen circumstances specific to Connecticut construction conditions (e.g., severe winter weather) shall be addressed as follows: [Provisions for Delays]. The Contractor must notify the Client in writing within [Number] days of any such delay.

3. Material and Labor Responsibilities:

Option A: The Contractor is responsible for sourcing and delivering all materials necessary for the Work. All materials shall meet quality standards compliant with Connecticut industry norms.

Option B: The Client is responsible for sourcing and delivering the following materials: [List of Materials].

Option C: The Contractor is responsible for ensuring all materials are stored properly and securely at the jobsite.

Option D: The Contractor is responsible for waste disposal in accordance with all applicable Connecticut state and local environmental laws.

Option E: The Contractor is responsible for all labor necessary for the Work.

Option F: The Contractor is responsible for ensuring that all workers on the project have the required certifications.

4. Compensation:

Option A: The Client shall pay the Contractor a lump sum of [Dollar Amount] for the completion of the Work.

Option B: The Client shall pay the Contractor on a unit price basis as described in Exhibit D.

Option C: The Client shall pay the Contractor on a time and materials basis at a rate of [Dollar Amount] per hour, plus the cost of materials.

Option D: Progress payments shall be made according to the following schedule: [Progress Payment Schedule] tied to inspections or milestones.

Option E: Retainage of [Percentage] percent will be withheld from each progress payment, as allowed by Connecticut law. The retainage will be released upon final completion of the Work and acceptance by the Client.

Option F: Conditions for change order approval are outlined in Section 8 of this Agreement.

Option G: Subcontractor payment protections per Connecticut statutes, including pay-when-paid clauses and lien waivers, shall be adhered to.

5. Invoicing and Payment:

Option A: The Contractor shall submit invoices to the Client on a [Frequency] basis.

Option B: All invoices shall include detailed documentation of the Work performed and materials used.

Option C: Connecticut sales/use tax shall be treated as follows: [Sales/Use Tax Treatment].

Option D: Tax withholding for nonresident contractors, if applicable, shall be handled in accordance with Connecticut law.

Option E: Late payment interest shall be assessed in accordance with Conn. Gen. Stat. §42-158j.

6. Independent Contractor Status:

Option A: The Contractor represents that they are an independent contractor and not an employee of the Client.

Option B: The Contractor is exclusively responsible for all self-employment taxes.

Option C: The Contractor shall maintain workers’ compensation insurance (or a statutory waiver if eligible) and shall provide proof of coverage to the Client.

Option D: The Contractor is responsible for unemployment insurance.

Option E: The Contractor shall maintain general liability and builder’s risk insurance policies with coverage limits of [Dollar Amount]. Certificates of insurance shall be provided to the Client.

Option F: Bonding requirements, if any, are outlined in Exhibit E.

Option G: The Contractor shall indemnify and hold harmless the Client from and against any and all claims, losses, damages, liabilities, costs, and expenses arising out of or relating to the Contractor’s performance of the Work, subject to Connecticut’s apportionment and anti-indemnification rules.

7. Licensing and Registration Warranty:

The Contractor warrants that they are properly licensed and registered to perform the Work in Connecticut, in accordance with Conn. Gen. Stat. §20-417 and §20-338b (if applicable).

Warning: Failure to comply with Connecticut licensing and registration requirements can result in significant penalties.

8. Change Orders:

Option A: All change orders must be in writing and signed by both the Client and the Contractor.

Option B: Change orders shall include a detailed description of the changes to the Work, the proposed price adjustment, and any necessary time extensions.

Option C: Pricing for change orders shall be determined as follows: [Pricing Method].

Option D: Time adjustments for change orders shall be determined based on the impact to the project schedule.

Option E: All change orders shall comply with Connecticut mandated documentation requirements.

9. Permits, Inspections, and Code Compliance:

Option A: The Contractor is responsible for applying for and coordinating all necessary inspections.

Option B: The Client is responsible for the cost of all permits and inspections.

Option C: All Work shall comply with the Connecticut Building Code and all other applicable state and local codes and regulations.

10. Jobsite Health and Safety:

Option A: The Contractor shall maintain a safe work environment in compliance with all applicable Connecticut Department of Labor requirements and OSHA regulations.

Option B: The Contractor shall provide training to all workers on jobsite safety protocols.

Option C: The Contractor shall disclose any known exposure to silica, asbestos, or lead on the jobsite.

11. Risk Allocation:

Risk allocation for property damage, injury, theft, or unforeseen site conditions shall be governed by Connecticut law, including notice and remedy requirements.

The Contractor shall coordinate with the Client regarding builder's risk insurance and other relevant insurance policies, taking into account anti-indemnity limitations.

12. Warranties:

Option A: The Contractor warrants that the Work will be performed in a good and workmanlike manner and that all materials will be of good quality.

Option B: The warranty period for the Work shall be [Number] months from the date of substantial completion.

Option C: The process for making warranty claims is as follows: [Warranty Claim Process].

Option D: This warranty is aligned with Connecticut statutory warranties where applicable.

13. Lien Rights and Disclosure:

The Contractor shall comply with all applicable Connecticut lien laws, including pre-lien notices (per Conn. Gen. Stat. §49-33 and §49-42).

The Contractor shall provide conditional and final lien waivers upon payment.

The Client has the right to withhold payment pending resolution of any lien disputes.

14. Assignment and Subcontracting:

Option A: The Contractor shall not assign this Agreement or subcontract any portion of the Work without the prior written consent of the Client.

Option B: Any permitted subcontractors shall be required to comply with all applicable Connecticut contractor regulations.

15. Termination:

Option A: The Client may terminate this Agreement for cause upon written notice to the Contractor. Cause shall include, but not be limited to, breach of contract, failure to perform the Work in a timely and workmanlike manner, or violation of applicable laws or regulations.

Option B: The Client may terminate this Agreement for convenience upon [Number] days written notice to the Contractor.

Option C: Upon termination, the Contractor shall be entitled to compensation for Work completed up to the date of termination, less any costs incurred by the Client as a result of the Contractor's breach.

Option D: The Contractor shall demobilize from the jobsite upon termination.

Option E: A final accounting shall be conducted in compliance with Connecticut practice.

16. Dispute Resolution:

Option A: Any disputes arising out of or relating to this Agreement shall be resolved through negotiation in good faith.

Option B: If negotiation is unsuccessful, the parties shall submit the dispute to mandatory pre-litigation mediation.

Option C: If mediation is unsuccessful, the parties may pursue litigation in the Connecticut courts.

Option D: This Agreement shall be governed by and construed in accordance with the laws of the State of Connecticut. Venue for any legal action shall be in [County Name] County, Connecticut.

Option E: (Alternative Dispute Resolution) Any dispute arising out of or relating to this agreement shall be settled by binding arbitration in Connecticut in accordance with the rules of the American Arbitration Association.

17. Confidentiality:

The Contractor shall maintain the confidentiality of all client information, project plans, and proprietary methods.

Exceptions: Disclosures required by regulatory authorities or legal process.

18. Record Keeping and Right of Audit:

The Contractor shall maintain accurate records of all Work performed and materials used, in accordance with state construction audit practices.

The Client and/or state/local agencies shall have the right to audit the Contractor's records.

19. Compliance with Laws:

The Contractor shall comply with all applicable Connecticut and federal anti-discrimination, EEO, prevailing wage (where applicable), minority business participation, and other public bidding requirements.

20. Entire Agreement:

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

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

____________________________

[Client Full Legal Name]

____________________________

[Contractor Full Legal Name]

Connecticut Notary Acknowledgment (Optional):

State of Connecticut, County of [County Name]

On this [Day] day of [Month], [Year], before me, the undersigned officer, personally appeared [Client Name], known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he/she executed the same for the purposes therein contained.

____________________________

Notary Public

My Commission Expires: [Date]

Exhibits:

• Exhibit A: Scope of Work
• Exhibit B: Project Plans and Specifications
• Exhibit C: Critical Path Activities
• Exhibit D: Unit Price Schedule (if applicable)
• Exhibit E: Bonding Requirements (if applicable)
• Exhibit F: Insurance Certificates
• Exhibit G: Contractor Licenses
• Exhibit H: Bid Proposals
• Exhibit I: Required Regulatory Forms