North Carolina maintenance independent contractor agreement template

North Carolina Maintenance Independent Contractor Agreement

This North Carolina Maintenance Independent Contractor Agreement (the “Agreement”) is made and entered into as of [Date], by and between:

• [Client Legal Name], whose mailing address is [Client Mailing Address], email address is [Client Email Address], and phone number is [Client Phone Number] (hereinafter referred to as “Client”), and
• [Contractor Legal Name], whose mailing address is [Contractor Mailing Address], email address is [Contractor Email Address], and phone number is [Contractor Phone Number] (hereinafter referred to as “Contractor”).

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

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

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

Scope of Work:

• Option A: Contractor shall provide the following maintenance services: [Description of Maintenance Services, e.g., routine property maintenance, repairs, preventive inspections, landscaping, HVAC, plumbing, electrical, janitorial, emergency response, equipment servicing], at the properties specified in Exhibit A.
• Option B: Contractor shall perform the maintenance services outlined in the attached Scope of Work document (Exhibit A), which is incorporated by reference.
• All services shall be performed in accordance with industry standards, manufacturer instructions (if applicable), and applicable North Carolina codes and regulations. The Contractor will use commercially reasonable efforts to meet the following performance metrics: [Performance Metrics, e.g., Response Times, Completion Deadlines].

Service Schedule:

• Option A: The Contractor shall provide services according to the following schedule: [Days and Times of Service].
• Option B: A detailed service schedule is attached as Exhibit B.
• Emergency Response: Contractor shall respond to emergency requests within [Number] hours.
• Additional Work: Scheduling of additional or unscheduled work shall be agreed upon by both parties via [Method, e.g., email, phone]. Job-site check-ins and progress updates will be provided via [Method]. Service reporting will be submitted [Frequency, e.g., weekly, monthly].

Work Locations:

• The services will be performed at the following locations in North Carolina: [List of Properties or Facilities]. Access instructions are as follows: [Access Instructions, e.g., Key location, Security Codes]. Parking arrangements are: [Parking Details]. Material storage will be at: [Storage Location].

Equipment and Materials:

• Option A: Contractor shall supply all tools, equipment, and materials necessary to perform the services.
• Option B: Contractor shall supply the following: [List of Contractor-Supplied Items]. Client shall supply the following: [List of Client-Supplied Items].
• Contractor is responsible for the safe operation and maintenance of all equipment.
• Material substitutions require prior written approval from the Client.
• Purchases of materials totaling over [Dollar Amount] require client pre-approval.

Service Fees and Payment:

• Option A: Contractor shall be paid at a rate of [Dollar Amount] per hour.
• Option B: Contractor shall be paid [Dollar Amount] per service call.
• Option C: Contractor shall be paid [Dollar Amount] per project, as detailed in Exhibit C.
• Option D: Contractor shall be paid a retainer fee of [Dollar Amount] per [Time Period, e.g., month].
• Invoices shall be submitted [Frequency, e.g., weekly, monthly] and must include itemized billing, dates of service, and any required documentation. Payment is due within [Number] days of invoice receipt.
• Reimbursable expenses, such as [Examples of Reimbursable Expenses, e.g., tolls, parking], require prior approval.
• Late payment interest shall accrue at a rate of [Percentage]% per month, not to exceed the maximum rate permitted by North Carolina law.

Taxes and Licenses:

• Contractor is responsible for all applicable North Carolina sales and use taxes on services and materials.
• Contractor shall maintain all required business licenses and permits as required by North Carolina law.
• Contractor is solely responsible for all federal, state, and local income taxes, Social Security, Medicare, unemployment, and workers’ compensation premiums.

Independent Contractor Status:

• Contractor is an independent contractor and not an employee of Client. This Agreement does not create an employment relationship. Contractor is not entitled to any employee benefits.
• Contractor is not eligible for workers' compensation benefits from Client, unless specifically mandated by North Carolina’s Workers’ Compensation Act.
• Contractor is free to perform services for other clients.

Insurance:

• Contractor shall maintain liability insurance (general and property damage) with minimum coverage of [Dollar Amount].
• If applicable, Contractor shall maintain commercial auto insurance and workers’ compensation insurance (or a waiver of premium if Contractor has no employees).
• Client shall be listed as an additional insured on Contractor's liability insurance policy.

Compliance with Laws:

• Contractor shall perform all work in compliance with all applicable North Carolina state and local building codes, health and safety regulations, fire codes, environmental rules, OSHA standards, and licensing laws (e.g., for electrical, plumbing, or HVAC work).
• Contractor shall obtain all necessary permits and approvals.

Warranty:

• Contractor warrants workmanship and repairs for a period of [Number] [Time Period, e.g., days, months].
• Remediation procedures for defective work are as follows: [Description of Remediation Procedures].
• The following are excluded from this warranty: [Warranty Exclusions].

Ownership of Work Product and Materials:

• Client owns all physical improvements, data, and reports generated during the maintenance services.
• Contractor shall maintain confidentiality of Client's property information, access codes, and security procedures.

Hazardous Materials and Waste Disposal:

• Contractor shall handle hazardous materials and waste disposal in accordance with all applicable North Carolina environmental regulations.

Subcontractors:

• Contractor shall obtain Client's prior written approval before using any subcontractors.
• All subcontractors must comply with North Carolina law and the terms of this Agreement.

Assignment:

• Contractor shall not assign this Agreement without Client's prior written consent.

Indemnification:

• Contractor shall defend, indemnify, and hold Client harmless from any and all claims, losses, damages, liabilities, costs, and expenses (including attorney’s fees) arising out of or relating to Contractor's work, including bodily injury, property damage, or violations of law, except to the extent caused by Client's negligence.

Breach of Contract and Remedies:

• Client will provide [Number] days written notice to cure the breach.
• Client may terminate the agreement if the breach is uncured.
• Upon breach of this contract by Contractor, Client may withhold payments and pursue other remedies available under North Carolina law.

Termination:

• Option A: Either party may terminate this Agreement for convenience with [Number] days written notice.
• Option B: Client may terminate this Agreement for cause immediately upon written notice.
• Upon termination, Contractor shall provide Client with all keys, property, and access information. A final cleaning or punch list may be required.

Anti-Discrimination:

• Contractor shall comply with all applicable North Carolina anti-discrimination laws and fair employment practices.

Dispute Resolution:

• The parties shall attempt to resolve any disputes through good faith negotiation.
• If negotiation fails, the parties agree to submit to mediation or binding arbitration within North Carolina.

Governing Law and Venue:

• This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina.
• Venue and jurisdiction for any legal action shall be in [County Name] County, North Carolina.

Entire Agreement and Amendment:

• This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings.
• Any amendment to this Agreement must be in writing and signed by both parties.

Survivability:

• The obligations regarding confidentiality, indemnification, and payment shall survive the termination of this Agreement.

Electronic Signatures:

• This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Signatures transmitted electronically or digitally shall be considered original signatures for all purposes.

Local Practices:

• The contractor shall maintain [Maintenance Logs] to be supplied by Client at each location. All entry and exit must be reported to Client using [Reporting Method]. Key management will adhere to the following policy: [Key Management Policy].

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

[Client Legal Name]

By: [Client Signature]

Name: [Client Printed Name]

Title: [Client Title]

[Contractor Legal Name]

By: [Contractor Signature]

Name: [Contractor Printed Name]

Title: [Contractor Title]

Exhibit A: Scope of Work

Exhibit B: Service Schedule

Exhibit C: Project Details (if applicable)