Nevada construction independent contractor agreement template

Nevada Construction Independent Contractor Agreement

This Nevada Construction Independent Contractor Agreement (the “Agreement”) is made and entered into as of this [Date] by and between [Client Full Legal Name], residing at [Client Address], and/or having a principal place of business at [Client Business Address], hereinafter referred to as "Client," and [Contractor Full Legal Name], residing at [Contractor Address], and/or having a principal place of business at [Contractor Business Address], holding Nevada Contractor’s License Number [Contractor License Number], hereinafter referred to as "Contractor."

Agreement Effective Date: [Date]

Client Name: [Client Full Legal Name]

Client Address: [Client Address]

Client Business Address (If Different): [Client Business Address]

Client Contact Number: [Client Phone Number]

Client Email: [Client Email Address]

Contractor Name: [Contractor Full Legal Name]

Contractor Address: [Contractor Address]

Contractor Business Address (If Different): [Contractor Business Address]

Contractor Contact Number: [Contractor Phone Number]

Contractor Email: [Contractor Email Address]

Nevada Contractor License Number: [Contractor License Number]

Description of Services: Contractor agrees to perform the following construction services for Client: [Detailed description of services, e.g., framing, electrical, plumbing, etc.]

• Option A: Project Scope: The specific scope of work is detailed in Exhibit A, attached hereto and incorporated herein by reference.
• Option B: Technical Specifications: Technical specifications are outlined in Exhibit B, including all relevant plans and drawings.
• Option C: Materials/Labor/Equipment Responsibility: Contractor is responsible for providing all materials, labor, and equipment necessary to complete the services unless otherwise specified in Exhibit C.
• Option D: Performance Standards: All work shall be performed in accordance with Nevada building codes (NRS Chapter 624 and applicable local ordinances).

Worksite Location and Access: The worksite location is [Worksite Address/Parcel Number].

• Option A: Jobsite Access: Contractor shall have access to the jobsite during normal business hours, [Specific Hours], or as otherwise agreed upon in writing.
• Option B: Work Hour Requirements: Work shall be conducted in accordance with local noise ordinances and any specific requirements of [Governing Body/Association].

Compensation: Client agrees to compensate Contractor as follows:

• Option A: Payment Structure:
  • Lump Sum: A total of [Dollar Amount] for the completed services.
  • Milestone Payments: Payments will be made according to the following milestones: [Describe Milestones and Amounts].
  • Progress Payments: Payments will be made based on percentage of completion, as determined by [Determining Party].
  • Time and Materials: Contractor will be paid at a rate of [Hourly Rate] per hour, plus the cost of materials.
• Option B: Retainage: Client may retain [Percentage]% of each payment until final completion.
• Option C: Invoice Procedures: Contractor shall submit invoices to Client [Frequency, e.g., weekly, bi-weekly].
• Option D: Lien Release: Upon each payment, Contractor shall provide a partial lien release. A final lien release will be provided upon final payment.
• Option E: Tax Responsibility: Contractor is solely responsible for all federal, state, and local taxes, including Nevada Modified Business Tax (if applicable).

Independent Contractor Status: Contractor is an independent contractor and not an employee of Client.

• Option A: No Employment Relationship: This Agreement does not create an employer-employee relationship.
• Option B: Proof of License: Contractor shall provide proof of a current Nevada contractor license and any necessary specialty licenses/registrations.

Insurance: Contractor shall maintain the following insurance coverage:

• Option A: Workers' Compensation: Contractor shall maintain workers' compensation insurance as required by Nevada law, unless Contractor qualifies for and has properly executed a legal waiver or opt-out as a true independent contractor.
• Option B: General Liability: Contractor shall maintain general liability insurance with minimum coverage of [Dollar Amount].
• Option C: Automobile Liability: Contractor shall maintain automobile liability insurance with minimum coverage of [Dollar Amount].
• Option D: Additional Insured: Client shall be named as an additional insured on Contractor's general liability policy.

Scope Change Procedure: Any changes to the scope of work must be documented in writing and agreed upon by both parties.

• Option A: Change Orders: All change orders must be signed by both Client and Contractor.
• Option B: Extra Work: Compensation for extra work will be determined based on [Method of Determination, e.g., hourly rate, fixed price].
• Option C: Unforeseen Conditions: Contractor is not responsible for delays caused by unforeseen site conditions, provided they notify Client immediately.

Liability and Indemnification: Contractor shall indemnify and hold harmless Client from and against any and all claims, losses, damages, liabilities, costs, and expenses arising out of or relating to Contractor's performance of the services.

• Option A: Negligence: Contractor is responsible for damages arising from Contractor’s negligence.
• Option B: Code Violations: Contractor is responsible for rectifying any code violations resulting from Contractor’s work.

Ownership of Work Product and Intellectual Property: Ownership of the construction work product shall vest with [Client/Contractor].

• Option A: Right to Access: Client shall have the right to access the worksite for inspection and correction.
• Option B: Intellectual Property: Any intellectual property created during the project shall be owned by [Client/Contractor].

Project Commencement and Completion:

• Option A: Commencement Date: The project shall commence on [Date].
• Option B: Substantial Completion: Substantial completion shall be achieved by [Date].
• Option C: Final Completion: Final completion shall be achieved by [Date].
• Option D: Warranty Period: The warranty period for the work shall be [Number] year(s) from the date of final completion.

Permits and Compliance:

• Option A: Permit Responsibility: Contractor is responsible for obtaining all necessary permits, excluding [Permits Client is Responsible For].
• Option B: Environmental and Safety Compliance: Contractor shall comply with all applicable environmental and safety regulations, including OSHA and NRS 618.

Anti-Discrimination and EEO Compliance: Contractor shall comply with all applicable anti-discrimination laws and EEO requirements under Nevada law.

Subcontractors:

• Option A: Subcontractor Approval: Contractor shall obtain Client's approval before hiring any subcontractors.
• Option B: Licensing and Insurance Verification: Contractor shall verify that all subcontractors are properly licensed and insured.
• Option C: Prohibition on Unlicensed Subcontractors: Contractor shall not use any unlicensed subcontractors in violation of NRS 624.

Dispute Resolution:

• Option A: Negotiation and Mediation: The parties shall first attempt to resolve any disputes through negotiation and mediation.
• Option B: Arbitration: If negotiation and mediation are unsuccessful, disputes shall be resolved by binding arbitration in accordance with the rules of [Arbitration Organization].
• Option C: Choice of Law and Venue: This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada. The venue for any legal action shall be [County], Nevada.

Termination:

• Option A: Scheduled End: This Agreement shall terminate upon final completion of the services.
• Option B: For Cause: Either party may terminate this Agreement for cause upon written notice.
• Option C: For Convenience: Client may terminate this Agreement for convenience upon [Number] days written notice.
• Option D: Nonpayment: Contractor may terminate this Agreement if Client fails to make payments as agreed.

Exhibits: The following exhibits are attached to and incorporated into this Agreement:

• Exhibit A: Project Drawings and Specifications
• Exhibit B: Proof of Licensure and Insurance
• Exhibit C: W-9 or Nevada Business Registration

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

____________________________

[Client Full Legal Name]

____________________________

[Contractor Full Legal Name]