Massachusetts maintenance independent contractor agreement template

Massachusetts Maintenance Independent Contractor Agreement

This Massachusetts Maintenance Independent Contractor Agreement (the “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], hereinafter referred to as “Contractor.”

WHEREAS, Client desires to engage Contractor to provide certain maintenance services; and

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

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

Services to be Performed

Option A: Contractor shall perform the following maintenance services at [Service Location(s)]: [Detailed Description of Services, including but not limited to: routine upkeep, emergency repairs, seasonal preparation, landscaping, janitorial, painting, HVAC, plumbing, electrical, and other building systems]. The Schedule is [Recurring or On-Call]. Response times for emergency repairs are [Specify Response Time].

Option B: A detailed scope of work will be provided for each individual project by the Client, and the Contractor will provide a written estimate for that scope of work prior to commencement of any work. This scope of work will then be integrated as an addendum to this master agreement.

Methods, Materials, and Equipment

Option A: Contractor shall provide all necessary methods, materials, and equipment to perform the services, ensuring compliance with all applicable Massachusetts and local building, safety, OSHA, and environmental codes.

Option B: Client shall provide all necessary methods, materials, and equipment.

Option C: Contractor shall provide [Specific List of Materials/Equipment], and Client shall provide [Specific List of Materials/Equipment].

Licensure and Permits

Contractor represents and warrants that it holds all necessary licenses, trade certifications, and local permits required to perform the services in accordance with all applicable Massachusetts and local laws, including but not limited to city/town requirements for trades and hazardous materials. Contractor shall provide proof of right to work in Massachusetts. A copy of all required licenses and certifications shall be provided to client prior to the commencement of work.

Independent Contractor Relationship

Contractor's Relationship: Contractor is an independent contractor under Massachusetts law, specifically Massachusetts Independent Contractor Law MGL c.149 §148B, and not an employee of Client. Contractor is responsible for all taxes, workers' compensation coverage, wage reporting, unemployment, insurance, and applicable registrations.

Contractor acknowledges that no benefits, including health insurance, retirement, or paid time off, will be provided by the Client.

Insurance

Contractor shall maintain the following insurance policies, at its own expense, and shall provide certificates of insurance to Client:

General Liability Insurance: with a minimum coverage of [Dollar Amount] per occurrence and [Dollar Amount] aggregate.

Workers' Compensation Insurance: as required by Massachusetts law if Contractor hires others.

Professional Liability/Errors and Omissions Insurance: with a minimum coverage of [Dollar Amount] (if applicable to the services provided).

Automobile Liability Insurance: with a minimum coverage of [Dollar Amount] (if using vehicles on Client premises).

Client as Additional Insured: Client shall be named as an additional insured on the General Liability policy where possible.

Service Fee and Payment

Option A: Contractor shall be paid at an hourly rate of [Dollar Amount].

Option B: Contractor shall be paid [Dollar Amount] per job as outlined in the attached Schedule A.

Option C: Contractor shall be paid a monthly retainer of [Dollar Amount].

Invoicing and Payment: Contractor shall submit invoices to Client [Frequency: e.g., weekly, bi-weekly, monthly]. Client shall pay invoices within [Number] days of receipt.

Late Fee Policy: Late payments will be subject to a late fee of [Percentage] per month, or the maximum amount allowed under Massachusetts law, whichever is lower.

Massachusetts Sales/Use Tax: Contractor is responsible for all applicable Massachusetts sales/use tax obligations if required for materials or mixed contracts.

Deliverable Standards and Inspection

Deliverable Standards: All services shall be performed to a professional standard and in a workmanlike manner.

Inspection Rights: Client shall have the right to inspect the work performed by Contractor.

Acceptance/Rejection Procedure: Client shall provide written acceptance or rejection of the work within [Number] days of completion.

Rework Obligations: If the work is rejected, Contractor shall rework the services to meet the required standards at no additional cost to Client.

Maintenance Logs: Contractor shall maintain accurate maintenance logs and provide them to Client upon request.

Property Access

Access to Property: Client shall provide Contractor with access to the property as reasonably necessary to perform the services.

Security: Contractor shall comply with all security protocols established by Client.

Keys/Access Codes: Client shall provide Contractor with [Keys, Access Badges, Codes]. Upon termination of this Agreement, Contractor shall immediately return all such items.

Restrictions on Property Use: Contractor shall only use the property for the purpose of performing the services described in this Agreement.

Confidentiality and Data Protection

Confidentiality: Contractor shall keep confidential all property information, tenant details, and business practices of Client.

Data Protection: Contractor shall comply with all applicable data protection laws and regulations.

Safety Standards and Compliance

Safety Standards: Contractor shall comply with all applicable Massachusetts workplace safety rules and regulations.

Anti-Discrimination: Contractor shall comply with Massachusetts anti-discrimination law MGL c.151B.

Safe Work Environment: Client will provide a safe work environment.

Recordkeeping

Contractor shall maintain accurate records of all work performed under this Agreement.

Retention Period: Records shall be retained for a period of [Number] years.

Client Inspection Rights: Client shall have the right to inspect Contractor's records upon reasonable notice.

Subcontracting

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

Option B: Contractor may subcontract work, but shall ensure that all subcontractors comply with all applicable Massachusetts laws, licenses, and insurance requirements. Contractor remains fully responsible for the work performed by subcontractors.

Ownership of Work Product and Waste Disposal

Ownership of Work Product: All work product, including any written maintenance plans or reports, shall be the property of Client.

Waste Disposal: Contractor shall be responsible for the proper disposal of all waste and hazardous materials in compliance with Massachusetts DEP regulations.

Termination

Term: This Agreement shall commence on [Start Date] and shall continue until [End Date].

Early Termination: Either party may terminate this Agreement for cause upon [Number] days written notice. Cause includes, but is not limited to, non-performance, violations of law, or bankruptcy.

Termination Without Cause: Either party may terminate this Agreement without cause upon [Number] days written notice.

Final Accounting: Upon termination, Contractor shall provide a final accounting of all services performed.

Return of Property: Contractor shall return all Client property immediately upon termination.

Transition Assistance: Contractor shall provide reasonable transition assistance to Client as requested.

Indemnification

Contractor shall indemnify and hold harmless Client from and against any and all claims, losses, damages, liabilities, and expenses (including attorneys' fees) arising out of or relating to Contractor's negligence or wrongful act in connection with the performance of this Agreement.

Lien Rights

Contractor acknowledges Massachusetts lien rights under MGL c.254.

Option A: Contractor waives any and all lien rights.

Option B: Contractor retains lien rights and shall provide timely lien waivers upon request or payment.

Dispute Resolution

Negotiation: The parties shall attempt to resolve any disputes arising out of or relating to this Agreement through good faith negotiation.

Mediation/Arbitration: If negotiation fails, the parties agree to submit the dispute to [Mediation or Arbitration] in [Massachusetts County].

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts.

Compliance with Laws

Contractor shall comply with all applicable federal, state, and municipal statutes, by-laws, and ordinances relevant to the maintenance work, including workers' safety, chemical handling, and environmental impact.

Miscellaneous Provisions

No Exclusivity: This Agreement is non-exclusive unless specifically agreed otherwise in writing.

No Guarantee of Future Work: Client makes no guarantee of future work to Contractor.

No Representations: There are no representations, warranties, or agreements between the parties other than those expressly set forth in this Agreement.

Assignment: Contractor shall not assign this Agreement or delegate any of its duties without the prior written consent of Client.

Prevailing Party Attorneys' Fees: [Include or Exclude Clause Regarding Prevailing Party Attorneys' Fees - Consult with Legal Counsel].

Force Majeure: Neither party shall be liable for any failure to perform its obligations under this Agreement due to any cause beyond its reasonable control, including acts of God, war, terrorism, or government regulation.

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

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

Notice: All notices required or permitted under this Agreement shall be in writing and shall be deemed to have been duly given when delivered in person, by certified mail, or by email to the addresses set forth above.

Signature

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

____________________________
[Client Signature]

[Client Printed Name]

[Client Position/Title]

____________________________
[Contractor Signature]

[Contractor Printed Name]

[Contractor Business Title]

W-9 Form Required: Contractor shall provide a completed W-9 form to Client prior to commencement of services.