Iowa construction independent contractor agreement template

Iowa Construction Independent Contractor Agreement

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

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

and

[Contractor Name], residing at [Contractor Address], with Iowa business registration status: [Contractor Iowa Business Registration Status] and Iowa contractor registration number (if applicable): [Contractor Iowa Registration Number], hereinafter referred to as "Contractor."

1. Scope of Work

The Contractor agrees to perform the following construction work for the Client:

Option A: [Detailed Description of Work, including site preparation, framing, plumbing, electrical, roofing, demolition, concrete work, or specialty trades] at the following project location(s): [Physical Addresses or Legal Property Descriptions in Iowa].

Option B: Perform work as outlined in Exhibit A, attached hereto and incorporated herein by reference.

List of specific tasks:

• [Task 1]

• [Task 2]

• [Task 3]

The work shall be performed in accordance with the following material and workmanship standards: [Specific Material and Workmanship Standards].

The work shall comply with all relevant Iowa building codes and ordinances.

2. Project Timeline

Option A: The work shall commence on [Start Date] and be completed on or before [Completion Date].

Option B: The project timeline is detailed in Exhibit B, attached hereto and incorporated herein by reference.

Phased work details:

• Phase 1: [Description of Phase 1], completion date: [Date]

• Phase 2: [Description of Phase 2], completion date: [Date]

The Contractor shall provide progress reports to the Client according to the following schedule: [Schedule for Progress Reporting].

The Contractor shall maintain daily logs, change orders, and inspection reports and make them available to the Client upon request.

3. Payment Terms

The Client shall pay the Contractor for the work performed as follows:

Option A: Unit Pricing: [Price per Unit] for [Unit of Measurement].

Option B: Lump Sum: [Total Amount] for the entire project.

Option C: Cost-Plus: Cost of materials and labor, plus [Percentage]% markup.

Option D: Time-and-Materials: [Hourly Rate] per hour, plus cost of materials.

Payment Schedule:

• Progress Payment 1: [Percentage]% upon completion of [Milestone].

• Progress Payment 2: [Percentage]% upon completion of [Milestone].

• Retention: [Percentage]% of each progress payment will be retained until final completion.

• Final Payment: Balance due upon final completion and acceptance of the work.

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

Required Supporting Documentation: Invoices shall include detailed descriptions of work performed, hours worked, materials used, and copies of lien waivers from all subcontractors and suppliers.

Compliance with Iowa Prompt Payment Statutes: The Client shall make payments within the timeframes required by Iowa law. Late payments shall be subject to interest and penalties as provided by Iowa law.

4. Tax Compliance

The Contractor is solely responsible for all federal, state, and local tax filings, including but not limited to: Iowa sales tax on labor and materials, self-employment tax, and any applicable construction excise or use taxes.

The Contractor shall provide the Client with a completed IRS Form W-9 upon request.

The Client will issue an IRS Form 1099-NEC to the Contractor if required by law.

5. Material Procurement

Option A: The Contractor shall be responsible for procuring all materials.

Option B: The Client shall provide the following materials: [List of Materials].

Specifications for materials sourced: [Specific Material Specifications].

The Contractor is responsible for the proper delivery, storage, and handling of materials.

Written change orders are required for any material substitutions.

6. Equipment, Tools, and Insurance

The Contractor shall provide all necessary construction equipment and tools.

The Contractor shall maintain the following insurance coverage:

• General Liability Insurance: [Coverage Amount]

• Workers' Compensation Insurance: [Coverage Amount] (if required by Iowa law)

• Automobile Insurance: [Coverage Amount]

The Contractor is not covered by the Client's workers' compensation insurance.

The Client shall be named as an additional insured on the Contractor's general liability policy.

7. Licensure and Qualifications

The Contractor represents and warrants that they possess all necessary state and municipal contractor licenses and permits to perform the work required under this Agreement, including Iowa Division of Labor contractor registration for work valued over state thresholds.

The Contractor shall provide proof of current and valid licenses and certifications upon request.

8. Independent Contractor Relationship

It is the express intention of the parties that the Contractor is an independent contractor and not an employee of the Client.

The Client shall not control the means or methods by which the Contractor performs the work.

The Contractor is responsible for all employment taxes, unemployment insurance, workers' compensation insurance, and benefits for themselves and any subcontractors.

9. Site Access and Safety

The Contractor shall adhere to the following site access rules and safety regulations: [Detailed Site Access Rules and Safety Regulations].

The Contractor shall comply with all applicable Iowa OSHA safety standards.

The Contractor shall be responsible for maintaining a safe work environment and reporting any incidents to the Client immediately.

10. Inspection, Quality Assurance, and Acceptance

The Client or their representative shall have the right to inspect the work at any time.

The Contractor shall correct any defective work identified during the inspection process.

The work shall be deemed accepted upon final completion and written approval by the Client.

Iowa-specific warranty requirements: [Specify warranty details and statutory periods].

11. Liability and Indemnification

The Contractor shall be liable for any property damage, injury, or loss caused by their negligence or the negligence of their subcontractors.

The Contractor shall defend, indemnify, and hold harmless the Client from and against any and all claims, damages, liabilities, costs, and expenses arising out of or in connection with the Contractor's performance of the work under this Agreement, subject to Iowa law.

12. Change Orders

Any 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 the revised completion date.

13. Lien Rights and Waivers

The Contractor acknowledges the requirements of Iowa mechanics' lien laws.

The Contractor shall provide the Client with unconditional lien waivers upon receipt of each payment.

The Contractor shall ensure that all subcontractors and suppliers also provide lien waivers.

14. Sub-Contracting

Option A: The Contractor shall not sub-contract any portion of the work without the prior written consent of the Client.

Option B: The Contractor is permitted to sub-contract work, but must ensure subcontractors are properly licensed and insured.

The Contractor shall ensure that all subcontractors comply with all applicable laws and regulations, including equal employment opportunity rules.

15. Confidentiality

The Contractor shall keep confidential all project details, plans, and proprietary business information of the Client.

This confidentiality obligation shall survive the termination of this Agreement.

16. Term and Termination

This Agreement shall commence on [Start Date] and shall continue until the completion of the work.

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

Option B: The Client may terminate this agreement without cause by providing [Number] days written notice and paying the Contractor for all work completed up to the date of termination.

17. Intellectual Property

The Client shall retain all intellectual property rights in any plans, blueprints, or documents provided to the Contractor.

Any custom designs or detailed schedules created by the Contractor shall be the property of [Client/Contractor].

18. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of Iowa.

Any disputes arising out of or in connection with this Agreement shall be resolved through negotiation, mediation, and finally, if necessary, through litigation in the courts of [County] County, Iowa.

19. Regulatory Disclosures

The Contractor acknowledges and agrees to comply with all applicable regulatory disclosures, including but not limited to: [List of Regulatory Disclosures, e.g., RRP Lead Paint Disclosure, EPA Rules, City-Level Construction Regulations].

The Contractor acknowledges compliance with Iowa’s child labor, wage and hour, and prevailing wage rules.

20. Recordkeeping

The Contractor shall maintain accurate records of all work performed, materials used, and expenses incurred.

The Client shall have the right to audit the Contractor's records upon reasonable notice.

21. Notice

All notices required or permitted under this Agreement shall be in writing and shall be delivered by email, certified mail, or personal delivery to the addresses listed above.

22. Adjustability for Customized Terms

The following customized terms shall apply to this Agreement: [Allowances, Alternates, Sustainability Requirements, Client-Provided Utilities, Unique Project Risks]

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

[Client Name]

By: [Client Signature]

[Contractor Name]

By: [Contractor Signature]