Kansas construction independent contractor agreement template

Kansas Construction Independent Contractor Agreement

This Kansas Construction Independent Contractor Agreement (the “Agreement”) is made and entered into as of [Date] by and between:

[Client Name], a [Client Entity Type, e.g., Kansas Corporation], with its principal place of business at [Client Address], hereinafter referred to as “Client,”

and

[Contractor Name], a [Contractor Entity Type, e.g., Kansas Limited Liability Company], with its principal place of business at [Contractor Address], Kansas License Number (if applicable): [Contractor License Number], hereinafter referred to as “Contractor.”

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

WHEREAS, Contractor desires to perform such services as an independent contractor.

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

1. Scope of Work

Option A: Contractor shall perform the following construction services (the “Work”): [Detailed Description of Work, including specifications, plans, blueprints, and materials] at the following project location: [Project Location Address].

Option B: The Work shall be performed in accordance with Exhibit A, attached hereto and incorporated herein by reference, which includes a detailed description of the services, plans, blueprints, and specifications.

Site-Specific Requirements: [Detailed description of site-specific safety procedures, OSHA compliance requirements, safety training, site cleanup expectations, and material storage guidelines].

Client-Supplied Information: Client shall provide Contractor with the following information necessary to perform the Work: [List of Client-supplied information].

2. Project Schedule

Option A: The Work shall commence on [Start Date] and shall be substantially completed by [Substantial Completion Date] and finally completed by [Final Completion Date].

Option B: The Project Schedule is attached as Exhibit B and incorporated herein.

Milestones:

Milestone 1: [Milestone 1 Description] – Due Date: [Date]

Milestone 2: [Milestone 2 Description] – Due Date: [Date]

Key Dates: [List of Key Dates and Descriptions]

Mobilization/Demobilization: Contractor shall mobilize to the project site by [Mobilization Date] and demobilize by [Demobilization Date].

3. Payment

Option A: Fixed Price: The total fixed price for the Work shall be [Dollar Amount].

Option B: Time and Materials: The hourly rate for labor shall be [Dollar Amount], and materials shall be billed at cost plus [Percentage]%.

Option C: Cost-Plus: The cost of the Work plus a fee of [Percentage]%.

Option D: Unit-Based: Payment will be per unit as follows: [Unit Type, e.g., square foot of drywall]: [Dollar Amount per Unit]

Payment Schedule: Contractor shall submit invoices [Frequency, e.g., monthly]. Client shall pay invoices within [Number] days of receipt.

Draws: If applicable, draws will be paid according to the following schedule: [Draw Schedule Details].

Retainage: [Percentage]% retainage will be withheld from each payment. Retainage shall be released to Contractor within [Number] days of final completion of the Work, in compliance with Kansas Statute K.S.A. 16-1803. Interest on Late Payments of Retainage: Per K.S.A. 16-1803, interest shall accrue on late payments of retainage at the rate of [Interest Rate].

Lien Waivers: Contractor shall provide conditional lien waivers with each invoice and unconditional lien waivers with each payment.

Invoicing Requirements: Invoices must include: [List of Requirements, e.g., date, invoice number, project name, detailed description of work performed, materials cost, labor hours, total amount due].

4. Change Orders

All changes to the Work must be in writing and signed by both parties.

The change order shall specify the change in scope, price, and schedule.

Contractor shall provide a written proposal for any change order request within [Number] days of the request.

5. Taxes and Insurance

Contractor is responsible for paying all self-employment, state sales/use, and business taxes related to the Work.

Client will not withhold any taxes from payments to Contractor.

Contractor is solely responsible for Kansas unemployment insurance, workers’ compensation (unless exempt as a sole proprietor or providing coverage for employees/subcontractors), and federal, state, and local tax filings.

Contractor shall provide proof of insurance, including general liability insurance with a minimum coverage of [Dollar Amount] per occurrence and [Dollar Amount] in the aggregate, and workers’ compensation insurance (if applicable per Kansas law K.S.A. 44-505 et seq.).

6. Independent Contractor Status

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

Neither party shall have the authority to bind the other.

Contractor shall control the manner and means of performing the Work.

Client will not provide benefits to Contractor, including but not limited to health insurance, vacation, or retirement plans.

Contractor shall provide evidence of business registration, licensure, and proper insurance.

7. Materials and Workmanship

Contractor shall provide all materials necessary to complete the Work unless otherwise specified in this Agreement.

All materials shall be of good quality and suitable for their intended purpose.

All Work shall be performed in a workmanlike manner and in compliance with all applicable Kansas and local building codes.

Contractor warrants the Work for a period of [Number] year(s) from the date of final completion.

8. Subcontractors

Option A: Contractor shall not subcontract any portion of the Work without the prior written approval of Client.

Option B: Contractor may subcontract portions of the Work without client consent, however all subcontractors must meet Kansas regulatory and insurance standards.

Contractor shall be responsible for the acts and omissions of its subcontractors.

All subcontractors must meet Kansas regulatory and insurance standards.

9. Intellectual Property

Option A: All intellectual property rights in any plans, specifications, or designs created by Contractor shall be owned by [Client or Contractor].

Option B: Ownership of Intellectual property as defined above shall be jointly owned by the client and the contractor.

Contractor shall provide Client with all deliverables, including as-built drawings and manuals, upon completion of the Work.

10. Confidentiality

Contractor shall maintain the confidentiality of Client’s project information, business operations, and sensitive site details.

11. Indemnification

Contractor shall indemnify and hold Client harmless from any and all claims, losses, damages, liabilities, costs, and expenses (including attorneys’ fees) arising out of or related to Contractor’s performance of the Work, including claims for property damage, bodily injury, or environmental harm.

This indemnification obligation is subject to applicable Kansas statutes and industry risk allocation standards.

12. Default and Termination

Option A: Termination for Cause: Either party may terminate this Agreement for cause upon [Number] days’ written notice. Cause shall include but not be limited to breach of contract, defective work, or project delays.

Option B: Termination for Convenience: Client may terminate this Agreement for convenience upon [Number] days’ written notice.

Option C: Termination for Nonpayment: Contractor may terminate this agreement if client fails to pay undisputed invoice amounts within [Number] days of the due date on the invoice.

Contractor shall have the right to cure any default within a reasonable period of time.

Upon termination, Contractor shall be compensated for all work completed to date, subject to any setoffs for damages caused by Contractor’s breach. Refer to K.S.A. 16-1806 for contract cancellation and payment of amounts due.

Upon termination, Contractor shall release all liens, return all client-supplied materials, and transition any incomplete work.

13. Kansas Lien Rights

As required by Kansas law (K.S.A. 60-1101 et seq.), Contractor is informing Client that Contractor may file a mechanic’s lien against the property if Contractor is not paid for the Work.

Contractor shall take all necessary steps to preserve its right to file a lien.

Contractor shall provide conditional and unconditional lien waivers with each payment.

14. Insurance and Bonding

Contractor shall maintain the following insurance coverage:

General Liability: [Dollar Amount] per occurrence and [Dollar Amount] in the aggregate.

Workers’ Compensation: As required by Kansas law (K.S.A. 44-505 et seq.).

[Additional Insurance Requirements]

Client shall be listed as an additional insured on Contractor’s general liability policy if required.

Contractor shall provide certificates of insurance to Client before commencing the Work.

Bonding Requirements: [Specify bonding requirements, if any].

15. Compliance with Laws

Contractor shall comply with all applicable Kansas construction and business regulations, occupational licenses, local zoning ordinances, environmental requirements, and building permit obligations.

Contractor shall promptly provide documentation to Client or authorities upon request.

16. Dispute Resolution

Option A: Any dispute arising out of or relating to this Agreement shall be resolved through negotiation, then mediation, and finally binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in [County Name] County, Kansas.

Option B: Any dispute arising out of or relating to this Agreement shall be litigated in the courts of [County Name] County, Kansas.

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

17. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

18. Choice of Law

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

19. Severability

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

20. Assignment

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

21. Amendments

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

22. Recordkeeping

Contractor shall maintain accurate records of all costs and expenses incurred in connection with the Work for a period of at least five years.

23. Kansas Industry Practices

Contractor shall comply with all relevant Kansas industry practices, including but not limited to stormwater management, right-to-know requirements for hazardous materials, and adherence to local labor standards or prevailing wage (if applicable to public projects per the Kansas Public Works Statutes).

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

[Client Name]

By: [Client Representative Name]

Title: [Client Representative Title]

[Contractor Name]

By: [Contractor Representative Name]

Title: [Contractor Representative Title]