Idaho construction independent contractor agreement template

Idaho Construction Independent Contractor Agreement

This Idaho Construction Independent Contractor Agreement ("Agreement") is made and entered into as of [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], Idaho Contractor License Number (if applicable): [Contractor License Number], hereinafter referred to as "Contractor."

Scope of Work

• Option A: Contractor shall perform the following construction services: [Detailed Description of Construction Tasks, Deliverables, Quality Standards, Materials, Labor Standards, Blueprints, Specifications, Construction Methods] at the following location: [Service Location Full Address and Site Conditions].
• Option B: The Scope of Work is attached hereto as Exhibit A and incorporated herein by reference.
• Start Date: [Start Date]
• Completion Date: [Completion Date]
• Milestones: [List of Milestones and Completion Dates]
• Site Access: [Description of Site Access Arrangements]
• Special Requirements: [List of Special Requirements or Exclusions Unique to Idaho Construction Projects]

Compensation and Payment

• Option A: Client shall pay Contractor a total of [Total Contract Value].
  • Lump Sum Payment: [Amount], payable upon completion of the entire Scope of Work.
  • Progress Payments:
    • Milestone 1: [Description], Payment: [Amount]
    • Milestone 2: [Description], Payment: [Amount]
• Option B: Client shall pay Contractor at an hourly rate of [Hourly Rate] per hour.
• Option C: Client shall pay Contractor a unit price of [Unit Price] per [Unit].
• Payment Schedule: [Detailed Payment Schedule]
• Invoicing Procedures: [Description of Invoicing Procedures, Required Supporting Documentation (including Idaho Lien Releases)]
• Change Order Process: [Detailed Change Order Process]
• Late Payment Penalties: Late payments shall accrue interest at a rate of [Interest Rate]% per month, compliant with Idaho statutes.

Independent Contractor Status

• Contractor is an independent contractor and is responsible for all federal and Idaho state income taxes, self-employment taxes, worker's compensation insurance procurement per Idaho Code (private or through the Idaho State Insurance Fund), unemployment contributions, and all required licenses or registrations.
• This Agreement does not create an employment or partnership relationship between Client and Contractor.

Subcontractors

• Contractor shall not use subcontractors without the prior written consent of Client.
  • Any subcontractors used by Contractor must be properly licensed and registered in Idaho and comply with all applicable Idaho contractor and safety laws.
  • Contractor shall provide Client with the Idaho license/registration numbers of any subcontractors.

Work Performance

• Contractor shall perform all work in compliance with applicable Idaho building codes, OSHA and Idaho Division of Building Safety regulations, industry standards, permit acquisition, inspection procedures, and all other relevant state and local rules.

Insurance

• Contractor shall maintain comprehensive general liability insurance, property damage insurance, and worker's compensation insurance (if applicable), meeting Idaho minimum coverage requirements.
• Contractor shall provide Client with current certificates of insurance, including naming Client as an additional insured if required.

Indemnification

• Contractor shall indemnify and hold harmless Client from and against any and all claims, damages, losses, and expenses arising out of or relating to Contractor's performance of this Agreement, including but not limited to damages, workplace injuries, adjacent property issues, defective work, code violations, and liabilities arising from Contractor or subcontractor actions.

Warranty

• Contractor warrants that all work will be performed in a good and workmanlike manner.
  • The warranty period shall be [Warranty Length] from the date of completion.
  • In the event of defective work, Contractor shall, at its own expense, repair or replace the defective work.
  • Procedures for claims: [Detailed procedures for warranty claims].

Lien Provisions

• Contractor acknowledges and agrees to comply with Idaho mechanics' lien statutes.
  • Contractor shall provide Client with a notice of right to claim a lien if required by Idaho law.
  • Contractor shall provide Client with lien waivers from all subcontractors and suppliers upon payment.

Termination

• This Agreement may be terminated by either party upon [Number] days written notice for any of the following reasons:
  • Total or partial project completion.
  • Nonperformance.
  • Breach of contract.
  • Insolvency.
  • Hazardous site conditions.
  • Regulatory violations.
• Upon termination, Contractor shall be entitled to payment for work performed up to the date of termination, calculated as follows: [Calculation of Final Payment].
• Contractor shall provide Client with all as-built drawings, permits, approvals, and shall complete site cleanup.

Confidentiality

• Contractor shall maintain the confidentiality of all proprietary construction methods, designs, or sensitive Client site or project information.

Site Conditions

• Contractor is responsible for material and equipment storage, handling of hazardous substances, debris removal, and restoration of the work site in line with Idaho environmental and safety regulations.

Dispute Resolution

• Any disputes arising out of or relating to this Agreement shall be resolved through mandatory negotiation.
• If negotiation is unsuccessful, the parties agree to attempt mediation or arbitration in Idaho.
• This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho.
• Venue for any legal action shall be in the applicable Idaho county court.

Amendments

• This Agreement may be amended only by a written instrument signed by both parties.

Statutory Notices and Disclaimers

• Contractor is responsible for complying with all applicable Idaho contractor registration laws.
• Homeowner's Right to Cancel disclosure (if applicable): [Include Required Homeowner's Right to Cancel Disclosure if working with individuals].
• Other required consumer notices: [List Any Other Required Consumer Notices].

Permits and Inspections

• Contractor shall obtain all necessary municipal, county, and state permits and inspections unless otherwise agreed in writing.

Records

• Contractor shall preserve and provide access to relevant project records for [Number] years.

Special Requirements

• [Detail any special requirements for construction in particular Idaho jurisdictions, such as local union or prevailing wage provisions, zoning code compliance, or additional insurance mandates].

Force Majeure

• Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to force majeure events specific to Idaho, such as regional wildfires, weather events, or supply chain disruptions.

Assignment

• Neither party may assign this Agreement without the prior written consent of the other party.

Severability

• If any provision of this Agreement is held to be invalid or unenforceable under Idaho law, the remaining provisions shall remain in full force and effect.

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

____________________________
[Client Full Legal Name]

____________________________
[Contractor Full Legal Name]

[Client Signature]
Date: [Date]

[Contractor Signature]
Date: [Date]

[Notary Acknowledgement (if Required)]