Georgia construction independent contractor agreement template

Georgia Construction Independent Contractor Agreement

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

• [Hiring Party Name], residing/located at [Hiring Party Address], hereinafter referred to as "Owner" or "Contractor",
• and
• [Contractor Name], residing/located at [Contractor Address], hereinafter referred to as "Independent Contractor".

WHEREAS, Owner desires to engage Independent Contractor to perform certain construction services; and

WHEREAS, Independent Contractor desires to perform such services;

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:

1. Scope of Work

The Independent Contractor shall perform the following construction services: [Detailed Description of Construction Services], including but not limited to:

• Scope of Work: [Specific Scope of Work]
• Technical Standards: [Applicable Technical Standards]
• Applicable Codes: [Applicable Georgia Building Codes]
• Deliverables: [List of Deliverables]
• Specifications: [Industry-Specific Specifications]
• Project Location: [Project Location]
• Start Date: [Start Date]
• Completion Date: [Completion Date]
• Project Milestones: [Project Milestones & Deadlines]

2. Compensation

Option A: Lump Sum Payment

The Owner shall pay the Independent Contractor a lump sum of [Dollar Amount] for the satisfactory completion of the services described in Section 1.

Option B: Unit Price

The Owner shall pay the Independent Contractor based on the following unit prices: [Detailed Unit Pricing Schedule].

Option C: Time and Materials

The Owner shall pay the Independent Contractor for time spent at a rate of [Hourly Rate] per hour, plus reimbursement for all materials costs.

Payment Schedule: [Detailed Payment Schedule tied to Project Phases]

Invoicing Procedures: [Detailed Invoicing Procedures]

Retainage: The Owner shall retain [Percentage]% of each payment, not to exceed the statutory limit under Georgia law, as retainage, which shall be released upon final completion and acceptance of the project.

Payment Deadlines: Payments are due within [Number] days of receipt of a valid invoice.

Late Payment Penalties: Late payments shall accrue interest at a rate of [Percentage]% per month or the maximum rate allowed by Georgia law, whichever is lower.

3. Responsibilities for Materials and Equipment

Option A: Contractor Provided

The Independent Contractor shall be responsible for providing all materials, equipment, and tools necessary to perform the services described in Section 1.

Option B: Owner Provided

The Owner shall be responsible for providing all materials, equipment, and tools necessary to perform the services described in Section 1.

Storage: [Location and Responsibility for Material Storage]

Utilities: [Responsibility for Utilities]

Access: [Access Provisions to the Site]

Site Security: [Site Security Responsibilities]

4. Change Orders

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

• The change order shall include a detailed description of the changes, the adjusted price, and any changes to the project schedule.

Pricing Adjustments: [Method for Calculating Change Order Pricing]

Dispute Mechanisms: [Dispute Resolution Process for Change Orders]

5. Independent Contractor Status

It is expressly understood and agreed that the Independent Contractor is an independent contractor and not an employee, agent, or partner of the Owner.

• The Independent Contractor shall have control over the means and methods of performing the services.

Tax Responsibilities: The Independent Contractor is responsible for paying all applicable Georgia and federal self-employment taxes, FICA, workers' compensation (if required by OCGA § 34-9-1), unemployment insurance, and income tax withholding.

Licenses & Registrations: The Independent Contractor is responsible for maintaining all necessary licenses and registrations as required by the Georgia State Licensing Board for Residential and General Contractors or local authorities.

6. Compliance with Laws

The Independent Contractor shall comply with all applicable federal, state, and local laws, codes, ordinances, environmental rules (Georgia EPD), and industry safety standards.

• On-Site Training: [Requirements for On-Site Training]
• Accident Reporting: [Accident Reporting Procedures]
• Drug-Free Workplace: The Independent Contractor shall maintain a drug-free workplace as required by O.C.G.A. § 50-24-1 (if working on public projects).

7. Inspections and Acceptance

The Owner shall have the right to inspect the Independent Contractor's work at reasonable times.

• Punch List: [Procedure for Creating and Addressing a Punch List]

Final Acceptance: [Process for Final Acceptance of the Project]

Corrective Work: [Procedure for Correcting Defective Work]

Warranty Period: The Independent Contractor warrants the work for a period of [Number] year(s) from the date of final acceptance, consistent with Georgia law.

8. Insurance and Indemnification

Insurance: The Independent Contractor shall maintain the following insurance coverage:

• General Liability: [Minimum General Liability Coverage Amount]
• Workers' Compensation: [Workers' Compensation Coverage Amount, if applicable]
• Auto Insurance: [Auto Insurance Coverage Amount, if applicable]
• Builder's Risk: [Requirement for Builder's Risk Insurance, if applicable]

Certificates of Insurance: The Independent Contractor shall provide the Owner with certificates of insurance evidencing the required coverage and naming the Owner as an additional insured if applicable.

Indemnification: The Independent Contractor shall indemnify and hold harmless the Owner from and against any and all claims, losses, damages, liabilities, costs, and expenses (including attorney's fees) arising out of or resulting from the Independent Contractor's negligence or willful misconduct in the performance of the services under this Agreement, consistent with O.C.G.A. § 13-8-2.

9. Lien Rights

The Independent Contractor acknowledges and agrees to comply with Georgia's lien statutes (O.C.G.A. § 44-14-360 et seq.).

• Required Notices: [Specify Required Notices as per Georgia Lien Law]
• Affidavit of Non-Payment: [Requirements for Affidavit of Non-Payment]
• Lien Waivers: [Procedure for Filing or Waiving Liens]

10. Subcontracting

The Independent Contractor shall not subcontract any portion of the services without the prior written consent of the Owner.

• Subcontractor Licensing: All subcontractors must be licensed as required by Georgia law.

Responsibility for Subcontractors: The Independent Contractor shall be responsible for the supervision, payment, and insurance of all subcontractors.

11. Confidentiality

The Independent Contractor shall maintain the confidentiality of all Owner's proprietary and confidential information.

12. Termination

Option A: Termination for Cause

Either party may terminate this Agreement for cause upon [Number] days written notice.

• Events of Default: [Define Events of Default]

Option B: Termination for Convenience

The Owner may terminate this Agreement for convenience upon [Number] days written notice.

Final Payment: [Method for Calculating Final Payment Upon Termination]

Return of Materials: Upon termination, the Independent Contractor shall return all Owner-supplied materials.

Final Lien Waiver: The Independent Contractor shall provide a final waiver of lien upon receipt of final payment.

13. Suspension of Work

The Owner may suspend the work for non-payment or force majeure events.

• Consequences: [Consequences of Suspension]
• Resumption Protocols: [Protocols for Resuming Work After Suspension]

14. Dispute Resolution

Any disputes arising out of or relating to this Agreement shall be resolved as follows:

• Good-Faith Negotiation: The parties shall first attempt to resolve the dispute through good-faith negotiation.
• Mediation: If negotiation fails, the parties shall submit the dispute to mediation.
• Arbitration/Litigation: If mediation fails, the parties shall resolve the dispute through [Binding Arbitration or Litigation in a Designated Georgia County Court].

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia.

15. Licenses and Permits

The Independent Contractor is responsible for obtaining and maintaining all necessary business licenses and permits required by [City/County], Georgia.

16. Deliverables at Handover

The Independent Contractor shall provide the following deliverables at project handover:

• As-Builts: [As-Built Drawings]
• Manuals: [Equipment Manuals]
• Test Certificates: [Test Certificates]
• Surplus Material Returns: [Return of Surplus Materials]
• Close-Out Documents: [Close-Out Documents]
• Final Lien Waivers: [Final Lien Waivers from all Parties]
• Warranties: [All Applicable Warranties]

17. Acknowledgment of Independent Contractor Status

The Independent Contractor acknowledges that they are an independent contractor for all purposes, including IRS and Georgia Department of Revenue purposes, and are not entitled to employee benefits.

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

____________________________

[Hiring Party Name]

[Hiring Party Title]

[Hiring Party Phone Number]

[Hiring Party Email]

____________________________

[Contractor Name]

[Contractor Title]

[Contractor Phone Number]

[Contractor Email]