Hawaii maintenance independent contractor agreement template

Hawaii Maintenance Independent Contractor Agreement

This Hawaii Maintenance Independent Contractor Agreement ("Agreement") is made and entered into as of [Date], and signed at [City, Hawaii].

BETWEEN:

[Client Legal Name], whose principal place of business is located at [Client Address], phone number [Client Phone Number], email address [Client Email] ("Client"),

AND:

[Contractor Legal Name], whose principal place of business is located at [Contractor Address], phone number [Contractor Phone Number], email address [Contractor Email], Hawaii Contractor License Number (if applicable): [Contractor License Number] ("Contractor").

Services

Option A: The Contractor shall provide the following maintenance services to the Client: [Detailed Description of Maintenance Services, including routine upkeep, repairs, landscaping, janitorial services, inspections, seasonal maintenance, emergency response, equipment servicing, or specialty trade services, including scope of work, quality standards, frequencies, materials, supplies, brands, safety protocols, and Hawaii occupational safety and environmental rules].

Option B: The Contractor shall provide maintenance services as described in Exhibit A, attached hereto and incorporated by reference.

Work Locations and Property Access

Option A: The services will be performed at the following location(s): [Work Locations, e.g., condo complex, hotel, commercial facility, or residential unit].

Option B: Locations will be specified prior to each service request.

Property access protocols are as follows: [Parking instructions, security codes, homeowner or tenant notification, and after-hours requirements].

Service Delivery and Reporting

Option A: The Contractor shall provide services [Frequency, e.g., weekly, monthly, on-call]. Emergency response time: [Response Times for Emergencies, e.g., hurricanes, flooding].

Option B: Service delivery will be scheduled on a per-request basis, subject to availability.

Performance reporting requirements: [Service logs, digital photos, defect reporting, mandatory client sign-off on completed work].

Pricing and Payment

Option A: The Client shall pay the Contractor at a rate of [Hourly Rate] per hour. Overtime/weekend rate multiplier: [Rate Multiplier].

Option B: The Client shall pay the Contractor a fixed fee of [Fixed Fee Amount] per job.

Option C: The Client shall pay the Contractor a recurring fee of [Recurring Fee Amount] [Frequency, e.g., monthly].

Option D: The Client shall pay the Contractor a unit-based fee of [Unit Based Fee] per unit.

Materials handling/equipment rental charges: [Materials Handling/Equipment Rental Charges].

Hawaii General Excise Tax (GET): [Whether GET is included or added]. GET Registration Number: [GET Number].

Invoicing requirements: [Invoicing Requirements].

Payment due date: [Number] days from invoice date.

Method of payment: [Method of Payment].

Consequences of late payments: [Late Payment Consequences].

Rights to stop work for non-payment: Contractor reserves the right to stop work for non-payment in accordance with Hawaii business law, after providing [Number] days written notice.

Independent Contractor Status

The Contractor is an independent contractor and not an employee of the Client. The Contractor is responsible for their own federal and state taxes, GET, insurance (workers’ compensation if statutory requirement applies, general liability, vehicle), and all required Hawaii business licenses. No benefits, withholding, or employment relationship are created by this Agreement.

Subcontracting

Option A: Subcontracting is permitted with the Client's prior written consent.

Option B: Subcontracting is not permitted.

Supervision and insurance of subcontractors: [How subcontractors will be supervised and insured].

Intellectual Property and Confidentiality

Option A: All intellectual property rights, including custom maintenance programs and reports, shall remain the property of the Client.

Option B: The Contractor retains ownership of its intellectual property.

Confidentiality: The Contractor shall maintain strict confidentiality regarding access to Client property, security codes, tenant information, and privacy as required by Hawaii landlord-tenant law and data protection statutes.

Obligations

Contractor Obligations: Compliance with Hawaii building/security codes, obtaining necessary permits, proper disposal of waste (including green and hazardous waste under local law), providing all required tools and safety equipment.

Client Obligations: Timely property access, site-specific rules, notification of hazards.

Loss, Damage, and Liability

The Contractor shall indemnify the Client for injuries to third parties or property caused through the Contractor's negligence. The Contractor shall hold all insurance required by Hawaii law, providing certificates upon request. Required insurance coverage: [Specify Coverage Amounts].

Dispute Resolution

Disputes shall be resolved as follows: written notice, negotiation, local mediation or arbitration under Hawaii rules, and submission to Hawaii courts with choice of law and venue in the relevant county ([County Name]).

Term and Termination

Commencement Date: [Date]

Completion Date: [Date] (or Ongoing/Recurring)

Option A: Renewal: This agreement will automatically renew for successive [Number] month periods, unless either party provides written notice of termination at least [Number] days prior to the renewal date.

Option B: Renewal will be subject to mutual written agreement of both parties [Number] days prior to the completion date.

Modification: This agreement may be modified only by written amendment signed by both parties.

Termination: Either party may terminate this Agreement with [Number] days written notice. The Client may terminate immediately for cause (e.g., gross negligence, falsification, breach of safety regulations). Payment for work performed up to date of termination. Return of keys, codes, or property.

Force Majeure

Neither party shall be liable for delays or failures in performance due to force majeure events specific to Hawaii (e.g., volcanic activity, hurricanes, civil defense emergencies), excusing non-performance only as allowed by Hawaii law.

Representations and Warranties

The Contractor represents and warrants that they are legally qualified and licensed for all work performed under Hawaii and applicable county ordinances.

Exhibits

The following exhibits are attached hereto and incorporated by reference:

Exhibit A: [Service Schedule/Property Map]

Exhibit B: [Insurance Certificate]

Exhibit C: [Permits]

Exhibit D: [Reporting Forms]

Non-Solicitation

Option A: The Contractor shall not solicit or interfere with the Client's property staff or tenants during the term of this agreement and for a period of [Number] months following termination.

Option B: This clause is intentionally omitted.

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

____________________________

[Client Legal Name]

By: [Client Signature]

Name: [Client Printed Name]

Title: [Client Title]

____________________________

[Contractor Legal Name]

By: [Contractor Signature]

Name: [Contractor Printed Name]

Title: [Contractor Title]