Louisiana maintenance independent contractor agreement template

Louisiana Maintenance Independent Contractor Agreement

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

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

[Contractor Name], located at [Contractor Address], hereinafter referred to as "Contractor."

Scope of Services

The Contractor shall provide maintenance services as described in Option A or Option B :

Option A: A detailed list of services is attached as Exhibit A, which includes, but is not limited to: [List services e.g., preventive maintenance, repairs, inspections, emergency call-outs, routine facility services]. This list includes tasks such as [Task 1], [Task 2], and [Task 3]. Required certifications include [Certifications e.g., HVAC, electrical, plumbing].

Option B: Maintenance services as reasonably requested by the Client, not to exceed [Number] hours per [Week/Month], including but not limited to general repairs and upkeep of the property located at [Property Address].

Service Location

The services will be performed at the following location(s):

Option A: [Specific Address(es) within Louisiana]. The Contractor is responsible for securing any necessary permits as required by Louisiana law and will comply with all applicable local ordinances.

Option B: At locations within [Specify Parish/Region] as designated by the Client. Site access will be coordinated through [Contact Person and Contact Information].

Term and Scheduling

The term of this Agreement shall commence on [Start Date] and shall continue until [End Date].

Option A: Renewal will occur automatically for successive [Length] periods unless either party provides written notice of termination at least [Number] days prior to the end of the then-current term.

Option B: This Agreement may be extended by mutual written agreement of the parties.

Scheduling:

Option A: The Contractor shall be available for on-call services [Days of the week] between the hours of [Start Time] and [End Time], with a response time of [Number] hours for urgent maintenance requests.

Option B: Regular service hours will be [Days of the week] between [Start Time] and [End Time], subject to change with [Number] days' notice.

Compensation

The Client shall compensate the Contractor as follows:

Option A: At an hourly rate of [Dollar Amount] per hour.

Option B: At a rate of [Dollar Amount] per task, as outlined in Exhibit B.

Option C: At a monthly rate of [Dollar Amount].

Overtime (if applicable):

Option A: Overtime will be paid at a rate of [Dollar Amount] per hour for any hours worked in excess of [Number] hours per week. This provision does not create an employment relationship.

Option B: No overtime will be paid.

Invoicing:

Option A: The Contractor shall submit invoices on a [Frequency e.g., weekly, bi-weekly, monthly] basis.

Option B: Invoices must be submitted within [Number] days of completion of the task.

Late Payment Penalty: Payments are due within [Number] days of invoice receipt. Late payments will accrue interest at a rate of [Percentage] per month, not to exceed the maximum rate allowed under Louisiana law.

Independent Contractor Status

It is the express intention of the parties that the Contractor is an independent contractor and not an employee, agent, joint venturer, or partner of the Client. The Contractor acknowledges and agrees that they are responsible for all federal and Louisiana state tax filings, self-employment taxes, and for providing their own workers' compensation and general liability insurance, meeting any applicable Louisiana statutory minimums. No employment relationship, unemployment insurance, or benefits will be provided by the Client.

Indemnification

To the fullest extent permitted by Louisiana law, the Contractor shall indemnify, defend, and hold harmless the Client from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or resulting from the Contractor's performance of services under this Agreement, but only to the extent caused by the negligent acts or omissions of the Contractor. This indemnification shall not apply to the extent caused by the negligence or intentional misconduct of the Client.

Ownership and Use of Materials & Confidentiality

All materials, tools, and equipment used by the Contractor shall remain the property of the Contractor unless otherwise agreed in writing. All confidential information of the Client, including but not limited to customer lists, pricing information, and business strategies, shall be kept strictly confidential by the Contractor and shall not be disclosed to any third party. This obligation survives termination of this agreement and is subject to Louisiana trade secrets statutes.

Safety Standards

The Contractor shall maintain safety standards in accordance with applicable OSHA and Louisiana state safety rules and regulations. The Contractor shall report any accidents or hazardous conditions to the Client immediately. The Contractor shall not bring any unauthorized personnel on-site.

Licensing and Credentials

The Contractor represents and warrants that they possess all necessary licenses and professional credentials required by Louisiana law to perform the services under this Agreement, including [List Licenses/Certifications]. The Contractor shall maintain these licenses and credentials in good standing throughout the term of this Agreement.

Subcontracting/Assignment

The Contractor shall not subcontract or assign any portion of the work under this Agreement without the prior written consent of the Client. Any approved subcontractors must also comply with all applicable Louisiana laws.

Breach and Default

Material breaches of this Agreement include, but are not limited to, failure to meet service standards, performing unlicensed work (if licensing is required), or unauthorized absenteeism. In the event of a breach, the non-breaching party shall provide written notice to the breaching party, allowing [Number] days to cure the breach. If the breach is not cured within the specified time, the non-breaching party may terminate this Agreement. Damages will be calculated according to Louisiana law.

Termination

This Agreement may be terminated:

Option A: By either party for cause (breach, safety violation, illegal conduct) upon written notice.

Option B: By either party without cause upon [Number] days' written notice.

Upon termination, the Contractor shall return all Client property and complete any outstanding work in a professional and timely manner.

Dispute Resolution

Any disputes arising out of or relating to this Agreement shall be resolved through good-faith negotiation. If negotiation fails, the parties agree to submit the dispute to mediation or arbitration in [City, Louisiana], governed by Louisiana law. The courts of Louisiana shall have jurisdiction over any disputes arising from this agreement.

Compliance with Laws

The Contractor shall comply with all applicable Louisiana and federal laws, including but not limited to contractor registration with the Louisiana Secretary of State, non-discrimination laws, and drug-free workplace policies adapted to Louisiana requirements. This agreement is governed by and interpreted according to the Louisiana Civil Code.

Notice

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, return receipt requested, or sent by reputable overnight courier service to the addresses set forth above.

Schedules and Attachments

The following schedules and attachments are incorporated into and form part of this Agreement:

Exhibit A: Scope of Services

Exhibit B: Rate Schedule (if applicable)

Exhibit C: Insurance Certificate

Exhibit D: [Other relevant documents]

Severability

If any provision of this Agreement is held to be invalid or unenforceable under Louisiana law, such provision shall be struck, and 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 Name]

By: [Client Signature]

[Client Printed Name]

[Contractor Name]

By: [Contractor Signature]

[Contractor Printed Name]