Maryland maintenance independent contractor agreement template

Maryland Maintenance Independent Contractor Agreement

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

[Client Name], residing at [Client Address], Phone: [Client Phone], Email: [Client Email] ("Client")

and

[Contractor Name], residing at [Contractor Address], Phone: [Contractor Phone], Email: [Contractor Email], operating as a [Contractor Business Structure, e.g., Sole Proprietorship, LLC] ("Contractor"). If operating as a business entity, Maryland Business License Number: [Maryland Business License Number].

Description of Services

Option A: The Contractor shall provide the following maintenance services ("Services") at the Property (defined below): [Detailed Description of Services, e.g., landscaping, plumbing repairs, HVAC maintenance, janitorial services, including specific tasks and frequency]. These Services shall be performed in accordance with manufacturer’s specifications, Maryland building codes, and/or Client-specific maintenance standards as outlined in Exhibit A.

Option B: The Contractor shall perform all maintenance services as reasonably requested by the Client, subject to prior written approval for services outside of routine maintenance. Services may include, but are not limited to, the tasks detailed in Exhibit B. All work must comply with Maryland Building Codes and any applicable manufacturer specifications.

Property Address

The Services will be performed at the following property ("Property"): [Property Address]. The Contractor shall adhere to all on-site access, security procedures, and entry permissions established by the Client. COVID-19/health safety policies are detailed in Exhibit C. The Contractor is permitted to store/use tools and equipment on-site as specified in Exhibit D.

Task Schedule and Reporting

Option A: The Contractor shall perform the Services according to the following schedule: [Detailed Schedule, e.g., routine maintenance weekly, preventive maintenance quarterly, emergency repairs within 24 hours].

Option B: The Contractor will provide services on an "as needed" basis, with all work requiring prior authorization from [Client Contact Person].

The Contractor must submit completed work reports (logs, photos, checklists, inspection reports) to the Client [Reporting Frequency, e.g., daily, weekly, monthly] via [Reporting Method, e.g., email, online portal].

Compensation

Option A: Hourly Rate: The Client shall pay the Contractor an hourly rate of [Hourly Rate] per hour. Overtime will be paid at [Overtime Rate] per hour for hours worked beyond 40 in a work week.

Option B: Per Task: The Client shall pay the Contractor a fixed fee of [Fixed Fee] per task as detailed in Exhibit E.

Option C: Monthly Retainer: The Client shall pay the Contractor a monthly retainer fee of [Monthly Retainer Fee]. This fee covers [Services Covered by Retainer]. Additional services will be billed at [Hourly Rate or Per Task Rate].

Emergency call-out rates are [Emergency Call-Out Rate].

Payment is due within [Number] days of invoice receipt. Late payments will accrue interest at a rate of [Interest Rate]% per month, as permitted by Maryland law. The Contractor is responsible for all applicable Maryland sales/use taxes.

Materials and Equipment

Option A: The Contractor shall be responsible for providing all necessary materials, replacement parts, tools, and personal protective equipment (PPE).

Option B: The Client shall provide all materials and replacement parts. The Contractor is responsible for providing their own tools and PPE.

The Contractor is responsible for compliance with all local environmental, disposal, and recycling laws.

Scope and Limits of Service

The scope of Services is limited to those specifically described in this Agreement and any attached exhibits.

Any additional work or unforeseen repairs require prior written approval from the Client.

The Contractor shall notify the Client immediately upon discovering any latent defects at the Property.

Standard of Care and Workmanship

The Contractor shall perform all Services in a professional and workmanlike manner, in accordance with Maryland building regulations and industry standards.

The Contractor warrants their workmanship for a period of [Warranty Period] from the date of completion.

The Contractor's liability for errors, omissions, or delays is limited to [Liability Limitation Amount], as permitted by Maryland law. Defect notification and rectification procedures are outlined in Exhibit F.

Ownership of Removed Items and Waste

Option A: The Client retains ownership of all removed or replaced items, maintenance byproducts, or job-related waste.

Option B: The Contractor shall be responsible for the proper disposal of all removed or replaced items, maintenance byproducts, or job-related waste, in accordance with all applicable Maryland statutes on property, environmental safety, and hazardous materials.

Insurance and Bonding

The Contractor shall maintain, at its own expense, the following insurance coverage:

Commercial General Liability: [Minimum Coverage Amount]

Property Damage: [Minimum Coverage Amount]

Workers' Compensation: As required by Maryland law if the Contractor meets the statutory threshold.

Professional Liability: [Minimum Coverage Amount] (if applicable)

The Client shall be named as an additional insured on the Contractor's Commercial General Liability policy, if required.

The Contractor shall provide Certificates of Insurance to the Client upon request.

Independent Contractor Status

The Contractor is an independent contractor and not an employee of the Client. The Contractor is solely responsible for all federal, state, and local income taxes, FICA, self-employment tax, unemployment insurance (if applicable), and workers' compensation coverage.

The Contractor is responsible for all business licensing or registration as imposed by the Maryland Department of Assessments & Taxation.

Licensing and Certifications

The Contractor shall provide evidence of current Maryland business registration, licensing, and any required specialist certifications (e.g., HVAC, electrical, lead abatement, asbestos handling) for the work performed, including license numbers and proof of qualifying training. License Numbers: [List License Numbers].

Confidentiality and Data Protection

The Contractor shall maintain the confidentiality of all Client information, alarm/security codes, tenant/resident lists, or proprietary maintenance strategies. The Contractor will comply with all applicable Maryland privacy statutes.

Non-Solicitation and Non-Compete

The Contractor shall not solicit clients or tenants of the Client during the term of this Agreement and for a period of [Number] months following termination.

The Contractor shall not interfere with the Client's business relationships.

Non-compete provision: During the term of this agreement and for a period of [Number] months thereafter, the Contractor shall not, within a radius of [Number] miles from the Property, engage in any business that directly competes with the maintenance services provided to the Client under this Agreement, as permitted under Maryland law.

Sub-Contracting

Option A: Sub-contracting is not permitted under this Agreement.

Option B: Sub-contracting is permitted only with the Client's prior written approval. All sub-contractors must observe the same standards, documentation, and Maryland legal compliance as the Contractor.

Communication and Reporting

The Contractor shall maintain regular communication with the Client or property manager, as designated by the Client.

The Contractor shall provide regular reports on the status of the Services, including any issues or concerns.

The designated point of contact for service authorization and complaint escalation is [Client Contact Person].

Term and Termination

Option A: Term: This Agreement shall commence on [Start Date] and shall continue for a term of [Number] months, expiring on [End Date].

Option B: Ongoing: This Agreement shall commence on [Start Date] and shall continue until terminated as provided herein.

Either party may terminate this Agreement with [Number] days written notice.

The Client may terminate this Agreement immediately for cause, including but not limited to breach of contract, failure to perform Services in a satisfactory manner, or violation of any applicable laws or regulations.

Upon termination, the Contractor shall return all property of the Client, including keys, access codes, and reports. The Client shall pay the Contractor for all Services performed up to the date of termination.

Dispute Resolution

Any disputes arising under this Agreement shall be resolved through negotiation. If negotiation fails, the parties agree to participate in mediation. If mediation fails, the parties agree to binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in [City, Maryland].

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Maryland, without regard to its conflict of laws principles (Md. Code, Commercial Law, or applicable statutes).

Notices

All notices required or permitted under this Agreement shall be in writing and shall be deemed to have been duly given when delivered personally or sent by certified mail, return receipt requested, to the addresses set forth above.

Safety Regulations

The Contractor shall comply with all federal, state, and local safety regulations, including the Occupational Safety and Health Act (OSHA), Maryland Occupational Safety and Health (MOSH) rules, and any mandatory background checks for on-site personnel as dictated by the Client or Maryland law.

Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written. This Agreement may be amended only by a writing signed by both parties, consistent with Maryland contract modification law.

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]

Exhibits:

Exhibit A: Detailed Scope of Services

Exhibit B: Additional Services

Exhibit C: COVID-19/Health Safety Policies

Exhibit D: On-site Tool Storage

Exhibit E: Price Schedule

Exhibit F: Defect Notification & Rectification Procedures

Contractor’s Maryland License

Insurance Certificates

Sample Maintenance Logs/Checklists