Florida construction independent contractor agreement template

Florida Construction Independent Contractor Agreement

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

[Hiring Party Full Legal Name], residing at [Hiring Party Mailing Address], phone number [Hiring Party Phone Number], email [Hiring Party Email] ("Client")

and

[Independent Contractor Full Legal Name], residing at [Independent Contractor Mailing Address], phone number [Independent Contractor Phone Number], email [Independent Contractor Email], Florida License Number (if applicable) [Independent Contractor License Number] ("Contractor").

1. Scope of Work

Option A: Detailed Description

The Contractor shall perform the following construction services: [Detailed Description of Construction Services, including site preparation, building, electrical, plumbing, carpentry, finishing, or specialty trades]. The scope of work shall include, but not be limited to: [List of Deliverables].

Option B: Reference to Exhibit

The Contractor shall perform the construction services as described in Exhibit A, attached hereto and incorporated herein by reference.

Quality Standards: All work shall conform to the quality standards specified in the contract documents, including but not limited to [Reference applicable building codes, specifications, or standards].

Performance Milestones: The project shall be completed according to the following milestones:

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

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

Milestone 3: [Milestone Description], Completion Date: [Date]

Start and Completion Dates: The project shall commence on [Start Date] and be substantially completed by [Completion Date].

Work Schedule: The Contractor shall perform the work according to the following schedule: [Detailed Work Schedule].

Completion Confirmation: Substantial and final completion will be confirmed through [Description of Confirmation Methods].

2. Worksite

Option A: Single Location

The worksite is located at [Worksite Address] and described as follows: [Description of Site Conditions].

Option B: Multiple Locations

The worksites include the following locations:

Location 1: [Worksite Address 1], [Description of Site Conditions 1]

Location 2: [Worksite Address 2], [Description of Site Conditions 2]

Access Requirements: The Contractor shall have access to the worksite [Specify Access Times and Requirements].

Safety Protocols: The Contractor shall adhere to all on-site safety protocols, including [List Specific Safety Protocols]. The Contractor shall comply with all applicable OSHA and Florida-specific safety regulations.

3. Compensation

Option A: Fixed-Price

The Client shall pay the Contractor a fixed price of [Dollar Amount] for the completed work.

Option B: Cost-Plus

The Client shall pay the Contractor the cost of materials plus a fee of [Percentage or Dollar Amount].

Option C: Time and Materials

The Client shall pay the Contractor at a rate of [Dollar Amount] per hour for labor, plus the cost of materials.

Option D: Unit-Based

The Client shall pay the Contractor [Dollar Amount] per [Unit, e.g., square foot, linear foot].

Payment Schedule: Payments shall be made according to the following schedule:

Payment 1: [Dollar Amount or Percentage] upon [Milestone or Event]

Payment 2: [Dollar Amount or Percentage] upon [Milestone or Event]

Final Payment: [Dollar Amount or Percentage] upon final completion.

Retainer/Deposit: The Client shall pay a retainer/deposit of [Dollar Amount] upon execution of this Agreement.

Retention: The Client shall retain [Percentage] of each payment as retainage, to be released as per Florida Statute 713.346 upon final completion and satisfaction of all lien claims.

Invoicing: The Contractor shall submit invoices to the Client [Specify Frequency and Requirements], including detailed documentation of labor and materials.

Change Orders: Change orders shall be handled as described in Section 12.

Late Payment: Late payments shall be subject to a late fee of [Percentage or Dollar Amount], consistent with Florida’s Prompt Payment Act.

4. Materials and Equipment

Option A: Contractor Responsibility

The Contractor is responsible for purchasing, delivering, inspecting, and accepting all materials, tools, and equipment. The Contractor bears the cost and risk associated with materials and equipment.

Option B: Client Responsibility

The Client is responsible for providing certain materials and equipment as specified in Exhibit B. The Contractor is responsible for the proper use and maintenance of Client-provided materials and equipment.

Inspection and Acceptance: The Client has the right to inspect and accept all materials prior to installation.

5. Licensing and Permits

The Contractor represents and warrants that they hold all necessary Florida licenses for the specific type and scope of construction work, as required by Florida law (F.S. Chapter 489), specifically license number [Independent Contractor License Number] if applicable.

The Contractor shall comply with all applicable state and local building codes and permitting obligations.

Option A: Contractor Responsibility

The Contractor is responsible for securing all necessary permits and undergoing all required inspections.

Option B: Shared Responsibility

The Contractor is responsible for [Specific Permits], and the Client is responsible for [Specific Permits].

6. Independent Contractor Relationship

The Contractor is an independent contractor and not an employee of the Client.

The Contractor is responsible for all income taxes, Social Security, self-employment tax, unemployment tax, and all relevant registrations.

The Contractor is not eligible for workers’ compensation or any benefit plans offered by the Client.

7. Insurance

The Contractor shall maintain the following insurance coverage:

Commercial General Liability Insurance: [Minimum Policy Limits]

Workers’ Compensation Insurance or Exemption Form per Florida Law: [Coverage Details or Exemption Number]

Auto Insurance (if applicable): [Minimum Policy Limits]

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

The Contractor shall provide certificates of insurance to the Client prior to commencement of work and shall notify the Client of any policy cancellations.

8. Lien Rights

The Contractor acknowledges that Florida Statute Chapter 713 governs construction lien rights.

The Contractor shall serve a Notice to Owner within the timeframes specified by Florida law, if applicable.

The Contractor shall provide waiver/release of liens for progress and final payments as required by Florida law.

The Contractor shall execute and file all required documents to perfect and release any construction liens.

9. Subcontractors

Option A: No Subcontractors

The Contractor shall not use any subcontractors without the prior written approval of the Client.

Option B: Subcontractor Allowed

The Contractor may use subcontractors, subject to the following conditions:

All subcontractors must comply with Florida licensing law.

All subcontractors must have written subcontract agreements with the Contractor.

All subcontractors must provide proof of insurance and lien waivers.

10. Site Security and Environmental Compliance

The Contractor is responsible for site security, property protection, and compliance with environmental and hazardous materials laws.

The Contractor shall implement clean-up procedures and manage construction waste per local ordinance.

11. Indemnification

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 acts, omissions, or legal violations, subject to Florida law limits on indemnification in construction contracts. This includes legal fees and costs.

12. Change Orders

Any changes to the scope of work must be documented in a written change order signed by both parties.

The Contractor shall provide the Client with a detailed cost estimate for any proposed change order.

Change orders may affect the project schedule and payment.

13. Termination

Option A: Termination for Cause

This Agreement may be terminated by either party for cause, including non-performance or material breach, with [Number] days written notice.

Option B: Termination for Convenience

The Client may terminate this Agreement for convenience with [Number] days written notice.

Contractor's Right to Cure: The Contractor shall have [Number] days to cure any breach of this agreement after written notice.

Close-Out Obligations: Upon termination, the Contractor shall deliver and assign all final project documents, warranties, and return any Client-owned materials.

14. Final Payment and Project Close-Out

Upon substantial completion, the Contractor shall provide a punch list of remaining items.

Final payment will be made upon completion of all punch list items and delivery of all required documentation, including unliened certification, final waivers, warranty materials, and permit sign-off.

15. Dispute Resolution

Any disputes arising out of or relating to this Agreement shall be resolved through negotiation, followed by mediation or binding arbitration.

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

16. Compliance with Laws

The Contractor shall comply with all applicable Florida and local laws, ordinances, construction codes, safety regulations, environmental rules, tax laws, and industry certification or continuing education requirements.

17. Confidentiality

The Contractor shall maintain the confidentiality of trade secrets, client property information, and project finances.

18. Intellectual Property

Option A: Contractor Retains Rights

The Contractor retains all intellectual property rights to any designs or plans created by the Contractor.

Option B: Client Ownership

All intellectual property rights to any designs or plans created by the Contractor for this project are assigned to the Client.

19. Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to acts of God, including but not limited to hurricanes and other severe weather events common in Florida, provided that the affected party gives prompt written notice to the other party and takes reasonable steps to mitigate the impact of the event.

20. Notice

All notices under this Agreement shall be in writing and delivered by [Method of Delivery, e.g., certified mail, email] to the addresses listed above. Notice shall be deemed received [Number] days after mailing or one day after emailing.

21. Lien Release Condition

The Client may withhold payment in the event of a validly filed Notice of Lien until the lien is satisfied, consistent with Florida law.

22. Audit and Inspection

The Contractor shall cooperate with any audits, inspections, and documentation requests from the Client or local authorities.

23. Non-Exclusivity

This Agreement is non-exclusive, and the Contractor may work for other clients.

24. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written. Any amendments to this Agreement must be in writing and signed by both parties.

25. Consumer Protection Disclosures (If Applicable)

[Include any required Florida consumer protection disclosures if the project is for residential work, such as notice of recovery fund or cancellation rights as mandated by state contractors’ laws.]

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

[Hiring Party Full Legal Name]

By: [Hiring Party Signature]

Title: [Hiring Party Title]

[Independent Contractor Full Legal Name]

By: [Independent Contractor Signature]

Title: [Independent Contractor Title]