Louisiana construction independent contractor agreement template

Louisiana Construction Independent Contractor Agreement

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

• [Client Name], residing at [Client Address], hereinafter referred to as "Client." Business License (if applicable): [Client Business License Number].
• [Contractor Name], residing at [Contractor Address], hereinafter referred to as "Contractor." Business License (if applicable): [Contractor Business License Number].

Both parties represent that they have the legal capacity and authority to enter into this Agreement under Louisiana law.

1. Scope of Work:

• Option A: Contractor shall perform the following construction services: [Detailed Description of Services, including specific trades], at the following project address: [Project Address]. This includes, but is not limited to, the work phases listed in Exhibit A. Deliverable standards are outlined in Exhibit B. This work will be completed in accordance with all applicable building codes, plans, and specifications attached hereto as Exhibits A, B, and C.
• Option B: Contractor shall provide labor only for [Type of Labor] at the following project address: [Project Address]. Materials will be supplied by the Client. The scope of work includes but is not limited to [Description of Labor Services] according to plans and specifications provided. Contractor is responsible for ensuring their labor is performed according to applicable Louisiana construction standards.
• Option C: Contractor shall perform [Specific Remodeling Service] at [Project Address] according to the attached plans and specifications (Exhibit D). Contractor is responsible for obtaining all necessary permits, unless otherwise specified in this agreement.

2. Project Timeline:

• Option A: The project shall commence on [Start Date] and is estimated to be completed by [Estimated Completion Date]. Construction milestones are as follows: [List of Milestones with Dates].
• Option B: The project shall commence on [Start Date] and the Contractor will provide services until [End Date] or until the completion of the project phase, whichever comes first. Daily work hours will be from [Start Time] to [End Time].
• Option C: Contractor acknowledges and agrees to adhere to the project timeline and milestones as defined in the project schedule, attached hereto as Exhibit E. Any delays must be reported to the Client immediately and addressed according to the Change Order process defined in this Agreement. Compliance with the Louisiana Private Works Act for notices is the responsibility of [Client/Contractor].

3. Work Site and Compliance:

• Option A: The work site is located at [Project Address]. Contractor shall have access to the site during reasonable hours and as agreed upon with the Client. The Contractor is responsible for securing all necessary permits and licenses required by the State of Louisiana, parish, and municipal authorities, and shall comply with all applicable Louisiana construction regulations, municipal codes, and zoning ordinances.
• Option B: The Client will secure all permits. The Contractor is responsible for maintaining a clean and safe work environment, in accordance with all applicable safety regulations and best practices for construction sites in Louisiana.
• Option C: Contractor is responsible for obtaining [List Specific Permits], and the client is responsible for obtaining [List Specific Permits]. All work must comply with the Louisiana State Uniform Construction Code.

4. Compensation:

• Option A: The Client shall compensate the Contractor a fixed fee of [Dollar Amount] for the completed services. Payment shall be made according to the following schedule: [Payment Schedule, e.g., milestone payments]. Retainage, if any, shall not exceed the limits allowed by Louisiana law.
• Option B: The Client shall compensate the Contractor at an hourly rate of [Dollar Amount]. The Contractor shall submit detailed invoices weekly, reflecting hours worked.
• Option C: The Client shall compensate the Contractor based on the following unit pricing: [List of Units and Prices]. Payments will be made upon completion of each unit and approval by the Client.
• Permit reimbursement will be handled as follows: [Define Permit Reimbursement Process]. Procedures for approved change orders must be in writing as per Louisiana law and will be compensated at [Method for Calculating Change Order Costs].

5. Materials and Equipment:

• Option A: The Contractor shall supply all materials, equipment, and tools necessary for the completion of the work. All materials shall meet industry quality standards. Contractor is responsible for storage and risk of loss of materials on site.
• Option B: The Client shall supply all materials. The Contractor shall provide all necessary equipment and tools.
• Option C: The Contractor shall supply [List of Materials Contractor Supplies] and the Client shall supply [List of Materials Client Supplies]. Contractor is responsible for the proper storage of their materials and equipment.

6. Invoicing and Payment:

• Option A: The Contractor shall submit invoices to the Client on a [Frequency, e.g., weekly, bi-weekly] basis. Payment is due within [Number, e.g., 14] days of invoice approval. Pay-if-paid or pay-when-paid language is [Included/Excluded] and subject to applicable Louisiana statutes. Late payments will accrue interest at the legal rate allowable under Louisiana law, and the Contractor may be entitled to attorney's fees in the event of collection efforts.
• Option B: All invoices must include a detailed description of the work performed, hours worked (if applicable), and materials used.
• Option C: Invoices must be submitted electronically to [Email Address]. The Client will notify the Contractor of invoice approval or rejection within [Number] days of receipt.

7. Independent Contractor Status:

• Option A: It is expressly understood and agreed that the Contractor is an independent contractor and not an employee, agent, or representative of the Client. The Contractor is not entitled to any employee benefits, including workers' compensation, social security, or unemployment benefits. Any subcontractor hired by the Contractor must be properly licensed and insured in Louisiana. The Contractor is solely responsible for all registration requirements under Louisiana’s Registration of Contractors law.
• Option B: The Contractor shall have sole control over the manner and means of performing the services, subject to the specifications outlined in this Agreement.
• Option C: The Contractor acknowledges that they are operating a separate business and are responsible for their own business decisions and operations.

8. Taxes and Compliance:

• Option A: The Contractor is solely responsible for all federal, state, and local tax obligations, including Louisiana sales/use tax, occupational licenses, and reporting of income via Form 1099. The Contractor shall indemnify the Client for any misclassification penalties under Louisiana law.
• Option B: The Contractor must provide the Client with their Louisiana tax identification number prior to commencement of work.
• Option C: The Contractor warrants that they are in compliance with all applicable tax laws and regulations in Louisiana.

9. Insurance and Bonding:

• Option A: The Contractor shall maintain general liability insurance with a minimum coverage of [Dollar Amount], as required under Louisiana statutes for construction jobs. The Contractor shall provide proof of insurance to the Client upon request. The Contractor is [Required/Not Required] to provide a statutory surety bond. The Contractor is either exempt from or carries workers' compensation insurance, in accordance with Louisiana Workforce Commission standards. If exempt, a signed waiver is attached as Exhibit F.
• Option B: The Client shall be named as an additional insured on the Contractor's general liability insurance policy.
• Option C: The Contractor shall maintain the following insurance policies: [List of Policies and Coverage Amounts].

10. Lien Waiver:

• Option A: As a condition of final payment, the Contractor shall provide a full and unconditional waiver of lien for all work performed and materials supplied under this Agreement. (Note: Payment bond notice waivers are generally void under Louisiana law. Compliance with the Private Works Act is required).
• Option B: The Contractor acknowledges that the Client may require a partial waiver of lien for each payment made under this Agreement.
• Option C: The Contractor will provide necessary documentation for the client to file preliminary notice and preserve lien rights under the Louisiana Private Works Act.

11. Intellectual Property:

• Option A: The Client shall retain all intellectual property rights to any plans, drawings, and work product created under this Agreement.
• Option B: The Contractor shall retain all intellectual property rights to any plans, drawings, and work product created under this Agreement. The Client shall have a non-exclusive license to use the work product for the project only.
• Option C: All intellectual property rights shall be jointly owned by the Client and the Contractor.
• Copyright assignment: [Yes/No]; if yes, details are outlined in Exhibit G.

12. Confidentiality:

• Option A: The Contractor shall maintain the confidentiality of all Client information, construction plans, and project details. The Contractor shall not disclose any proprietary methods relevant to competitive negotiation in Louisiana construction markets.
• Option B: The Client shall maintain the confidentiality of the Contractor's pricing and business practices.
• Option C: Both parties agree to maintain the confidentiality of all information exchanged during the course of this Agreement.

13. Safety:

• Option A: The Contractor is responsible for maintaining on-site safety standards and complying with all federal OSHA rules and any Louisiana-specific workplace safety or environmental rules (hazardous materials, lead paint, stormwater control, etc.). The Contractor shall be responsible for any on-site incidents or regulatory fines resulting from their actions or omissions.
• Option B: The Client will provide a safe working environment for the Contractor, in compliance with all applicable safety regulations.
• Option C: Both parties will work together to ensure a safe and compliant work site.

14. Change Orders:

• Option A: Any changes to the scope of work must be documented in a written change order, signed by authorized representatives of both parties. The change order shall specify the changes to the scope of work, the adjusted price, and the revised schedule. No verbal agreements will be binding.
• Option B: The Contractor shall submit a written estimate for any proposed changes to the scope of work. The Client must approve the estimate in writing before the Contractor commences work on the change order.
• Option C: All change orders will be subject to the same terms and conditions as the original Agreement.

15. Delays and Force Majeure:

• Option A: In the event of delays caused by force majeure (including hurricanes, flooding, or other Louisiana-specific risks), acts of God, or other events beyond the reasonable control of either party, the affected party shall notify the other party in writing within [Number] days of the event. The schedule shall be adjusted accordingly.
• Option B: The Contractor shall not be liable for delays caused by the Client or by factors outside of the Contractor's control.
• Option C: The impact of force majeure events on schedule and cost will be determined through good-faith negotiation between the parties, referencing industry standards and best practices in Louisiana.

16. Indemnification:

• Option A: The Contractor shall indemnify and hold harmless the Client from and against any and all claims, damages, losses, and expenses (including attorney's fees) arising out of or relating to the Contractor's performance of the work, but only to the extent allowed by Louisiana anti-indemnity statutes for construction contracts (La. R.S. 9:2780.1). This provision does not apply to the extent that such claims, damages, losses, or expenses are caused by the negligence or willful misconduct of the Client.
• Option B: The Client shall indemnify and hold harmless the Contractor from and against any and all claims, damages, losses, and expenses (including attorney's fees) arising out of or relating to the Client's negligence or willful misconduct.
• Option C: Each party shall be responsible for their own acts and omissions and shall not indemnify the other party for their own negligence or willful misconduct.

17. Breach and Default:

• Option A: In the event of a breach of this Agreement by either party, the non-breaching party shall have the right to pursue all available remedies under Louisiana law, including the right to cure, liquidated damages, offset, and recovery of costs and expenses.
• Option B: If the Contractor fails to perform the work in a timely and workmanlike manner, the Client shall have the right to terminate the Agreement after providing the Contractor with written notice and an opportunity to cure the breach within [Number] days.
• Option C: If the Client fails to make timely payments, the Contractor shall have the right to suspend work until payment is received.

18. Termination:

• Option A: This Agreement shall terminate upon the completion of the work and final payment. The Client may terminate this Agreement for cause with written notice and a cure period of [Number] days. The Client may also terminate this Agreement for convenience, subject to the Contractor being compensated for all work performed and materials purchased up to the date of termination. Final payment shall be made within [Number] days of termination. Upon termination, the Contractor shall promptly return or transfer all Client property and deliverables. Compliance with the Louisiana Civil Code is required.
• Option B: The Contractor may terminate this Agreement if the Client fails to make timely payments or if the Client materially breaches the Agreement.
• Option C: The termination date is [Date], unless otherwise extended by mutual written agreement.

19. Dispute Resolution:

• Option A: Any disputes arising out of or relating to this Agreement shall be resolved through negotiation first. If negotiation is unsuccessful, the parties agree to attempt mediation or arbitration in [City, State] before resorting to litigation. Louisiana law shall govern this Agreement, and the venue for any litigation shall be the local parish court where the project is located.
• Option B: All disputes shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association. The arbitrator's decision shall be final and binding.
• Option C: The parties agree to waive their right to a jury trial in any litigation arising out of or relating to this Agreement.

20. Compliance with Laws:

• Option A: The Contractor shall comply with all applicable Louisiana construction licensing, registration, and safety requirements. This Agreement is subject to the provisions of the Louisiana Private Works Act for notice, lien, and bonding requirements. This Agreement shall be interpreted in accordance with current Louisiana state law revisions.
• Option B: The Contractor warrants that they are properly licensed and registered to perform the work in Louisiana.
• Option C: The Client shall provide the Contractor with all necessary information and documentation to comply with applicable laws and regulations.

21. Notices:

• Option A: All notices and communications under this Agreement shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified mail, or sent by email (with confirmation of receipt) to the addresses listed above.
• Option B: Notice by email shall be deemed effective one business day after transmission.
• Option C: Any changes to the contact information of either party must be provided to the other party in writing within [Number] days.

22. Force Majeure (Louisiana Specific):

• Option A: In addition to standard force majeure events, the parties acknowledge the potential for hurricanes, extreme weather, and floods in Louisiana. The impact of such events on the schedule and cost of the project shall be addressed through good-faith negotiation, considering industry best practices.
• Option B: The Client shall bear the risk of loss or damage to the work caused by hurricanes or other natural disasters.
• Option C: The Contractor shall take reasonable steps to protect the work from damage caused by hurricanes or other natural disasters.

23. Severability and Entire Agreement:

• Option A: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. This written Agreement constitutes the entire understanding of the parties and supersedes any prior oral or written agreements.
• Option B: This Agreement may be modified only by a written instrument signed by both parties.
• Option C: The exhibits attached to this Agreement are incorporated herein by reference.

24. MWBE Compliance:

• Option A: This project [Is/Is Not] subject to Minority and Women-Owned Business Enterprise (MWBE) or other public procurement requirements. If applicable, the Contractor shall comply with all applicable requirements under Louisiana public bid law.
• Option B: The Contractor shall make good-faith efforts to solicit bids from MWBE subcontractors.
• Option C: The Client shall be responsible for ensuring compliance with all MWBE requirements.

25. Inspection and Warranty:

• Option A: The Client shall have the right to periodically inspect the work. The Contractor shall correct any defects identified by the Client within [Number] days of notification. The Contractor warrants the work for a period of [Number] year(s) from the date of completion, as allowed under Louisiana law. (If applicable, the Louisiana New Home Warranty Act may apply.)
• Option B: The Contractor's warranty shall not cover defects caused by normal wear and tear, improper maintenance, or acts of God.
• Option C: The Client shall provide the Contractor with written notice of any defects within [Number] days of discovery.

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

____________________________
[Client Name]

____________________________
[Contractor Name]