New Hampshire maintenance independent contractor agreement template

New Hampshire Maintenance Independent Contractor Agreement

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

• Client: [Client Name], residing at [Client Address] (hereinafter referred to as "Client"), a [Client Entity Type, e.g., Individual, LLC], and
• Contractor: [Contractor Name], residing at [Contractor Address] (hereinafter referred to as "Contractor"), a [Contractor Entity Type, e.g., Individual, LLC].

1. Scope of Services

• The Contractor agrees to perform the following maintenance services at the property located at [Property Address]:
  • Option A: Routine Repairs: Performing minor repairs to the property, including but not limited to, fixing leaks, patching walls, and repairing doors. Frequency: [Frequency]
  • Option B: Preventive Maintenance: Performing preventative maintenance on property systems, including but not limited to, HVAC systems, plumbing systems, and electrical systems. Frequency: [Frequency]
  • Option C: Emergency Response: Responding to emergency maintenance requests within [Number] hours.
  • Option D: Landscaping: Providing lawn mowing, trimming, and other landscaping services. Frequency: [Frequency]
  • Option E: Cleaning: Providing cleaning services for common areas of the property. Frequency: [Frequency]
  • Option F: Snow Removal: Providing snow removal services. Timing: [Timing]
  • Other: [Detailed Description of Other Services].
• The Contractor shall perform the services in a professional and workmanlike manner, in accordance with industry standards.
• The Contractor is responsible for supplying the following materials/equipment: [List of Contractor Supplied Materials/Equipment].
• The Client is responsible for supplying the following materials/equipment: [List of Client Supplied Materials/Equipment].

2. Service Location and Access

• The services shall be performed at the following location(s): [Specific Property Address(es)].
• The Client shall provide the Contractor with access to the property as needed to perform the services.
  • Option A: Key Access: The Client shall provide the Contractor with a key to the property.
  • Option B: Code Access: The Client shall provide the Contractor with the access code to the property.
  • Option C: Scheduled Access: The Client and Contractor shall coordinate schedules for access.
• The Contractor agrees to comply with all Client procedures regarding site access, including security protocols. Any restrictions are: [List any Site Access Restrictions].

3. Service Schedule

• The Contractor shall perform the services according to the following schedule:
  • Option A: Regular Hours: [Days of Week], [Start Time] to [End Time].
  • Option B: On-Call Availability: The Contractor shall be available on-call [Days of Week], [Hours].
  • Option C: Scheduled Appointments: Services will be scheduled with [Notice Period] notice.
• Subcontracting:
  • Option A: Permitted: The Contractor is permitted to subcontract services with prior written approval from the Client.
  • Option B: Not Permitted: The Contractor is not permitted to subcontract any services.
• The Contractor will provide [Notice Period] notice before accessing the premises.

4. Fees and Payment

• The Client shall pay the Contractor for the services as follows:
  • Option A: Hourly Rate: [Dollar Amount] per hour.
  • Option B: Fixed Bid: [Dollar Amount] per project.
  • Option C: Per-Task Billing: [Dollar Amount] per task.
  • Option D: Recurring Retainer: [Dollar Amount] per [Time Period].
• Payment Schedule:
  • Option A: Monthly: Payable within [Number] days of invoice receipt.
  • Option B: Upon Completion: Payable upon completion of each project/task.
• Invoicing Procedures: The Contractor shall submit invoices to the Client at [Invoice Email/Address]. Invoices must comply with New Hampshire tax requirements.
• Reimbursement: The Contractor will be reimbursed for the following costs: [List Reimbursable Costs].
• Late Payment Penalty: A late payment penalty of [Percentage]% per month shall apply to any invoice not paid within [Number] days of the due date, in accordance with New Hampshire law.

5. Documentation and Reporting

• The Contractor shall maintain the following documentation:
  • Work Order Forms
  • Maintenance Reports
  • Photos
  • Logs
  • Timesheets
• Reporting Frequency: The Contractor shall provide reports to the Client on a [Frequency] basis.

6. Ownership and Confidentiality

• All work product, photos, maintenance records, and other deliverables created by the Contractor in connection with the services shall be the property of the Client.
• The Contractor shall maintain the confidentiality of all Client information, including building access codes, resident information, and sensitive asset details.

7. Independent Contractor Status

• The Contractor is an independent contractor and not an employee of the Client.
• The Contractor is solely responsible for all state and federal tax filings, worker’s compensation waivers, unemployment insurance, and obtaining necessary New Hampshire business licenses and registrations.
• The Contractor has the discretion to determine how services are rendered, subject to contractually defined standards.

8. Licensure and Regulatory Compliance

• The Contractor shall maintain all professional or trade licenses, certifications, and insurances required by New Hampshire law, including:
  • General Liability Insurance: [Coverage Amount]
  • Workers' Compensation Insurance (if applicable)
  • Automobile Insurance (if applicable)
• The Contractor shall comply with all relevant New Hampshire building codes, safety standards, and environmental regulations.

9. Breach and Liability

• In the event of a breach of this Agreement by the Contractor, including failure to meet workmanship standards, property damage, injury, or non-compliance with New Hampshire-specific safety/OHSA rules, the Client may pursue remedies available under New Hampshire law.
• The Contractor agrees to indemnify and hold harmless the Client from any claims arising from the Contractor’s negligence or willful misconduct.

10. Term and Termination

• This Agreement shall commence on [Start Date] and continue for a term of [Number] [Months/Years].
• Early Termination:
  • Option A: Either party may terminate this Agreement upon [Number] days written notice.
  • Option B: Either party may terminate this Agreement upon [Number] days written notice.
• Termination for Cause: The Client may terminate this Agreement immediately for cause, including material breach, non-performance, illegal conduct, insolvency, or loss of required licensing.
• Upon termination, the Contractor shall return all Client property and information.

11. Governing Law and Dispute Resolution

• This Agreement shall be governed by and construed in accordance with the laws of the State of New Hampshire.
• Any dispute arising out of or relating to this Agreement shall be resolved through negotiation and mediation. If mediation is unsuccessful, the dispute shall be resolved in the courts of New Hampshire.

12. Data Protection and Confidentiality

• The Contractor shall comply with all applicable laws regarding data protection and confidentiality.
• The Contractor shall not solicit or compete with the Client for a period of [Number] [Months/Years] after the termination of this Agreement.

13. Assignment and Subcontracting

• Assignment:
  • Option A: The contractor may assign this contract to a party with the prior written consent of the client.
  • Option B: The contractor may not assign this contract to any other party.

14. Force Majeure

• Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to a force majeure event, including acts of God, war, terrorism, natural disasters, or other events beyond their reasonable control. Specific events considered force majeure in New Hampshire are [Specific Events].

15. Warranty

• The Contractor warrants that the services will be performed in a professional and workmanlike manner and free from defects for a period of [Number] days from the date of completion.

16. Entire Agreement

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

Signatures

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. Client: ____________________________ [Client Name] [Client EIN/SSN (as needed)] Date: ______________________ Contractor: ____________________________ [Contractor Name] [Contractor EIN/SSN (as needed)] Date: ______________________