Oregon construction independent contractor agreement template

Oregon Construction Independent Contractor Agreement

This Oregon 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], with phone number [Client Phone Number] (the “Client”);

and

[Contractor Full Legal Name], residing at [Contractor Address], with phone number [Contractor Phone Number], and CCB License Number [Contractor CCB License Number] (the “Contractor”).

Scope of Work

Option A: The Contractor shall perform the following construction services: [Detailed Description of Services, including type of construction (residential, commercial, etc.), plans/drawings referenced, and Oregon codes/standards to be observed].

Option B: The Contractor shall perform all services as described in Exhibit A, attached hereto and incorporated herein by reference.

Deliverables and Standards

Option A: The Contractor shall deliver the following: [List of Deliverables, e.g., completed framing, installed plumbing fixtures]. The standard of workmanship shall be in accordance with [Specific Standards, e.g., Oregon Residential Specialty Code, manufacturer's specifications].

Option B: The Contractor shall use materials and products of [Specified Brands/Quality]. Permitting, inspection, and approval obligations are the responsibility of [Responsible Party].

Work Schedule

Option A: The project shall commence on [Start Date] and be completed on or before [Completion Date]. Milestones and intermediate deadlines are as follows: [List of Milestones/Deadlines].

Option B: The Contractor shall provide weekly progress reports. Change orders must be in writing and approved by the Client in accordance with Oregon law.

Work Location and Site Access

Option A: The work shall be performed at [Work Location Address]. Site access protocols are as follows: [Site Access Details].

Option B: The Contractor is responsible for site security, safety compliance (Oregon OSHA), clean-up, and waste disposal.

Compensation

Option A: Fixed Price: The total fixed price for the services is [Dollar Amount]. Payment schedule: [Payment Schedule, e.g., mobilization payment, progress payments, final payment].

Option B: Time and Materials: The Contractor shall be paid at a rate of [Dollar Amount] per hour, plus reimbursement for materials. Invoices shall be submitted [Invoicing Frequency, e.g., weekly, bi-weekly].

Option C: Payment Documentation: Contractor shall provide lien waivers and inspection sign-offs as required for payment. Oregon construction excise taxes or other applicable taxes are the responsibility of [Responsible Party]. Late payment policy complies with Oregon prompt payment statutes.

Materials and Equipment

Option A: The Contractor shall provide all materials, labor, and equipment necessary to complete the work.

Option B: The Client shall provide the following materials: [List of Materials]. The Contractor shall be responsible for all other materials, labor, and equipment.

The Contractor is solely responsible for hiring, managing, and paying any assistants or subcontractors, including their compliance with Oregon licensing, registration, workers’ compensation, and prevailing wage requirements where applicable.

Mechanics' Lien

Client is hereby notified that Contractor has lien rights per Oregon law. Pre-lien notice language: [Include required Oregon pre-lien notice language]. The Contractor shall furnish releases and waivers upon payment.

Insurance

The Contractor shall maintain general liability insurance with a minimum coverage of [Dollar Amount], commercial auto insurance, and workers' compensation insurance (or verified exemption if applicable under Oregon law). The Client shall maintain builder's risk or property insurance.

The Contractor shall provide proof of insurance and name the Client as an additional insured. Policy limits, duration, and notice of cancellation provisions shall comply with Oregon statutory minimums.

Independent Contractor Status

The Contractor is an independent contractor and not an employee of the Client. The Contractor is responsible for all applicable taxes, including income, employment, business/occupational, TRI-Met, Statewide Transit, or Municipal taxes, and regulatory compliance (including CCB registration, tax ID, and business license).

Indemnification

The Contractor shall indemnify, defend, and hold harmless the Client from and against any and all claims, losses, damages, liabilities, costs, and expenses (including attorney's fees) arising from or related to the Contractor's actions or omissions, including property damage, bodily injury, code violations, and regulatory fines.

Ownership of Work Product

Ownership of work product, plans, materials, and fixtures shall vest in [Owner, either Client or Contractor or specify a split]. Transfer of warranties, intellectual property, and materials storage shall be as follows: [Details]. Procedures for environmental or hazardous material handling shall comply with Oregon law.

Confidentiality

The Contractor shall maintain the confidentiality of all proprietary information, plans, and client data.

Breach and Remedies

Liability for breach, including the right to cure, stipulated damages, and attorney fees for the prevailing party (if permitted), shall be governed by Oregon law. Limitations of liability shall be as follows: [Limitations of Liability].

Termination

This Agreement shall terminate upon completion of the work or on [Termination Date]. Early termination requires [Number] days' written notice. Termination for default, work suspension/remobilization rights, final payment, return of property, release of liens, and deliverable handover shall be as follows: [Termination Details].

CCB Disclosure

Contractor provides the following disclosure notice to Client regarding licensure, complaint process, and required consumer protection language as mandated by Oregon CCB rules: [Include Oregon CCB required disclosure language].

Dispute Resolution

Any dispute arising out of or relating to this Agreement shall be resolved through [Negotiation, Mediation, or Arbitration] in Oregon. Oregon law shall govern this Agreement. Exclusive venue and jurisdiction for any legal proceedings shall be in [Oregon Courts or Arbitration Forums].

Compliance with Laws

The Contractor shall comply with all applicable federal, state, county, and municipal laws, construction codes, environmental regulations, and permit obligations relevant to the specific Oregon jurisdiction where work is performed.

CCB Licensing

The Contractor shall maintain ongoing licensing and good standing with the Oregon Construction Contractors Board (CCB) and shall promptly update the Client regarding any renewals or disciplinary actions.

Prevailing Wage

If this project is a public works job in Oregon, the Contractor shall comply with all prevailing wage and certified payroll requirements.

Review and Adjustment

The parties agree to periodically review and adjust the terms of this Agreement to reflect changes in Oregon statutes, building codes, or industry practices affecting the construction industry.

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

____________________________
[Client Full Legal Name], Client

____________________________
[Contractor Full Legal Name], Contractor