New Jersey maintenance independent contractor agreement template

New Jersey Maintenance Independent Contractor Agreement

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

[Client Name], residing at [Client Address], with phone number [Client Phone Number] and email address [Client Email Address] (the "Client"), and

[Contractor Name], residing at [Contractor Address], with phone number [Contractor Phone Number] and email address [Contractor Email Address] (the "Contractor").

1. Scope of Services

Option A: The Contractor shall perform the following maintenance services at the Property (defined below): [List of Specific Maintenance Services, e.g., Plumbing repairs, electrical work, landscaping, janitorial services].

Option B: The Contractor shall perform all maintenance services as reasonably requested by the Client, consistent with the Contractor's expertise and industry standards, and specifically including, but not limited to, the tasks listed in Exhibit A.

Frequency: [Frequency of Service, e.g., Weekly, Bi-weekly, Monthly, As Needed].

Service Standards: The Contractor shall perform all services in a professional and workmanlike manner, in accordance with industry standards and all applicable New Jersey laws and regulations.

Performance Metrics: [Specify Performance Metrics, e.g., Completion of tasks within a specified timeframe, Client satisfaction rating].

2. Property Location

Option A: The maintenance services shall be performed at the following property: [Property Address].

Option B: The maintenance services shall be performed at the following properties:

• [Property Address 1]
• [Property Address 2]

Access and Security: The Contractor shall adhere to the following access and security protocols for the Property: [Specific Access Instructions, e.g., Key access, security code, designated entry points].

3. Term and Scheduling

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

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

Scheduling: The Contractor shall perform services during the following hours: [Business Hours]. The Contractor shall respond to emergency call-outs within [Number] hours.

Change of Scope: Any changes to the scope of services must be agreed upon in writing by both parties.

4. Fees and Payment

Option A: The Contractor shall be compensated at an hourly rate of [Dollar Amount] per hour.

Option B: The Contractor shall be compensated on a per-incident basis according to the fee schedule attached as Exhibit B.

Option C: The Contractor shall be paid a flat rate of [Dollar Amount] per [Time Period, e.g., Month, Quarter].

Invoicing: The Contractor shall submit invoices to the Client [Frequency, e.g., Monthly]. Invoices shall include a detailed description of the services performed, the date of service, and the time spent.

Payment Method: The Client shall pay the Contractor within [Number] days of receipt of a valid invoice via [Payment Method, e.g., Check, Electronic Funds Transfer].

Taxes: The Contractor is responsible for all applicable federal, state, and local taxes, including but not limited to self-employment taxes and New Jersey sales tax (if applicable).

5. Materials and Equipment

Option A: The Contractor shall provide all tools, vehicles, equipment, parts, and materials necessary to perform the services.

Option B: The Client shall provide the following tools, vehicles, equipment, parts, and materials: [List of Items].

Reimbursement: The Client shall reimburse the Contractor for pre-approved purchases of materials necessary to perform the services. The Contractor must provide receipts for all such purchases.

6. Independent Contractor Status

The Contractor is an independent contractor and not an employee of the Client. Nothing in this Agreement shall be construed as creating a partnership, joint venture, or agency relationship between the parties.

The Contractor is solely responsible for all federal, New Jersey state, and local payroll, self-employment, business, and sales taxes.

The Contractor is responsible for maintaining all necessary insurance, including general liability, workers' compensation (if applicable in New Jersey, depending on whether they engage subcontractors), and auto insurance.

7. Licenses and Permits

The Contractor shall obtain and maintain all necessary New Jersey and local business registrations, licenses, and permits required to perform the services, including trade-specific licenses for electrical, plumbing, or HVAC work if required.

The Contractor shall provide proof of such licenses and permits to the Client upon request.

8. Compliance with Laws and Regulations

The Contractor shall comply with all applicable New Jersey and municipal building codes, environmental regulations, safety rules (OSHA/NJPEOSH), hazardous materials handling requirements, waste disposal regulations, and underground utility mark-out requirements (e.g., NJ One Call service).

9. Property Access and Confidentiality

The Contractor shall comply with the Client's property access requirements and maintain the confidentiality of all access codes and security systems.

The Contractor shall protect the Client's data and sensitive materials encountered during service.

10. Ownership of Work Product

The Client shall own all work product, service records, maintenance logs, and documentation created by the Contractor in connection with the services provided under this Agreement.

11. Confidentiality and Privacy

The Contractor shall maintain the confidentiality of all Client information and property details, including personal, financial, and proprietary data.

12. Warranties

The Contractor warrants that all services shall be performed in a professional and workmanlike manner.

The Contractor shall be liable for defective repairs for a period of [Number] days from the date of service. The Contractor shall, at its own expense, rework or remediate any defective repairs.

13. Indemnification

The Contractor shall indemnify 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 relating to the Contractor's performance of the services, including property damage, injury to persons, regulatory violations, or fines.

14. Insurance

The Contractor shall maintain general liability insurance with a minimum coverage of [Dollar Amount] per occurrence and [Dollar Amount] in the aggregate.

If the contractor employs anyone or uses subcontractors, the contractor must carry worker’s compensation insurance in compliance with New Jersey law.

The Contractor shall provide the Client with proof of insurance upon request and shall name the Client as an additional insured if reasonably requested and commercially available.

15. Complaints and Breach

If the Client is dissatisfied with the services provided, the Client shall notify the Contractor in writing. The Contractor shall have [Number] days to cure the issue.

If the Contractor materially breaches this Agreement, the Client may terminate the Agreement as provided herein.

16. Non-Discrimination

The Contractor shall comply with all applicable non-discrimination, wage, hour, and child labor laws under New Jersey statutes and shall not engage in any unlawful employment practices.

17. Subcontractors

The Contractor shall not subcontract any portion of the services without the Client's prior written consent.

The Contractor shall be liable for the work of any subcontractors and shall ensure that all subcontractors comply with all applicable laws and regulations, including New Jersey credential and insurance requirements.

18. Termination

Option A: This Agreement shall terminate automatically upon the expiration of the term specified in Section 3.

Option B: Either party may terminate this Agreement with [Number] days' written notice to the other party.

Cause: The Client may terminate this Agreement immediately upon written notice to the Contractor if the Contractor materially breaches this Agreement or engages in misconduct.

Upon termination, the Contractor shall provide the Client with all work status reports and transition any ongoing service or records.

19. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey.

Any disputes arising out of or relating to this Agreement shall be resolved in the courts of [County Name] County, New Jersey.

Option A: Prior to initiating litigation, the parties shall attempt to resolve the dispute through good faith negotiations.

Option B: Any dispute arising under this Agreement shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association.

20. Maintenance and Work Reports

The Contractor shall maintain and deliver accurate maintenance and work reports, service logs, and regulatory inspection records to the Client upon request.

21. 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, natural disasters (including those specific to New Jersey, e.g., severe coastal storms), war, terrorism, or government regulations.

22. HOA/Condo Regulations

The Contractor shall comply with all applicable homeowner's association or condominium association regulations affecting maintenance activities at the Property.

23. Performance Review

The parties shall meet [Frequency, e.g., Quarterly] to review the Contractor's performance and discuss any necessary adjustments to the scope of services or fees.

24. Integration, Modification, and Waiver

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.

No modification of this Agreement shall be valid unless in writing and signed by both parties.

No waiver of any provision of this Agreement shall be effective unless in writing and signed by the waiving party.

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]