South Carolina maintenance independent contractor agreement template

South Carolina Maintenance Independent Contractor Agreement

This South Carolina Maintenance Independent Contractor Agreement (the "Agreement") is made and entered into this [Date] by and between [Client Legal Name], a [Client Business Entity Type, e.g., South Carolina LLC, individual], with its principal place of business at [Client Address] (hereinafter referred to as "Client"), and [Contractor Legal Name], a [Contractor Business Entity Type, e.g., South Carolina LLC, individual], with its principal place of business at [Contractor Address] (hereinafter referred to as "Contractor").

Contact Information:

• Client: [Client Phone Number], [Client Email Address]
• Contractor: [Contractor Phone Number], [Contractor Email Address]

This Agreement is governed by the laws of the State of South Carolina.

Scope of Maintenance Services:

• Option A: General Maintenance. The Contractor shall provide general maintenance services as described in Exhibit A, which is attached hereto and incorporated by reference.
• Option B: Specific Services. The Contractor shall provide the following specific maintenance services: [List of Specific Maintenance Services, e.g., HVAC servicing, plumbing repairs, electrical system checks].
  • Detailed Tasks: [Detailed description of tasks and frequency]

Service Level Standards and Performance Expectations:

• Option A: Standard Response Times. The Contractor shall respond to routine maintenance requests within [Number] hours and urgent requests within [Number] hours.
• Option B: Specific Performance Metrics. The Contractor shall meet the following performance metrics: [List Specific Performance Metrics, e.g., Completion rate, customer satisfaction score].
  • Parts/Materials Responsibility: [Who is responsible for supplying parts and materials]

Work Locations:

• Option A: Client Premises. All services shall be performed at the Client's premises located at [Client Address].
• Option B: Designated Locations. Services shall be performed at the following locations: [List of Designated Locations].
  • Contractor Equipment: [Specify if contractor uses own or client-supplied equipment]

Fee Structure and Payment Terms:

• Option A: Hourly Rate. The Contractor shall be paid at an hourly rate of [Dollar Amount] per hour.
• Option B: Per Visit/Project. The Contractor shall be paid [Dollar Amount] per visit or [Dollar Amount] per project as defined in Exhibit B.
  • Invoicing Frequency: [How often invoices are submitted, e.g., Weekly, Bi-Weekly, Monthly]
  • Payment Due Dates: [Number] days from the date of invoice.
  • Reimbursement of Materials: [Specify reimbursement terms]

Licensing, Bonding, and Insurance Requirements:

• Option A: Standard Requirements. The Contractor shall maintain all necessary licenses and permits required to perform the services in South Carolina, including a valid South Carolina business license.
• Option B: Specific Requirements. The Contractor shall maintain the following specific licenses, bonds, and insurance policies:
  • General Liability Insurance: [Dollar Amount] per occurrence.
  • Workers' Compensation Insurance: (If applicable, per South Carolina law)
  • Automobile Liability Insurance: [Dollar Amount] combined single limit.
  • SC Specialty Contractor License (If required): [License Number]

Independent Contractor Relationship:

The Contractor is an independent contractor and not an employee of the Client. The Contractor is responsible for all applicable payroll taxes, self-employment taxes, and other taxes. The Contractor is not entitled to any employee benefits from the Client, including workers' compensation.

The Contractor is free to perform services for other clients, provided that it does not create a conflict of interest.

Regulatory Compliance:

The Contractor shall comply with all applicable federal, state, and local laws, regulations, and ordinances, including OSHA workplace safety regulations, South Carolina building codes, and environmental protection laws.

Ownership of Work Product and Materials:

All work product, materials, and reports generated by the Contractor shall become the property of the Client upon payment.

Change Orders and Authorizations:

Any work outside the scope of this Agreement must be authorized in writing by the Client via a change order.

Subcontracting:

• Option A: Allowed with Approval. The Contractor may subcontract portions of the work with the prior written approval of the Client.
• Option B: Not Allowed. The Contractor shall not subcontract any portion of the work without the prior written consent of the Client.
  • Subcontractor Requirements: [Insurance, Licensing, etc.]

Liability and Indemnification:

The Contractor shall indemnify and hold harmless the Client from any and all claims, losses, damages, liabilities, and expenses arising out of the Contractor's negligence or breach of this Agreement.

Termination:

• Option A: Termination for Convenience. Either party may terminate this Agreement for any reason with [Number] days written notice.
• Option B: Termination for Cause. The Client may terminate this Agreement immediately for cause, including material breach of this Agreement or violation of applicable laws.
  • Final Invoicing and Payment: [Terms for final invoice submission and payment]

Governing Law and Dispute Resolution:

This Agreement shall be governed by and construed in accordance with the laws of the State of South Carolina. Any dispute arising out of or relating to this Agreement shall be resolved through mediation in [County Name] County, South Carolina. If mediation is unsuccessful, the parties agree to [Arbitration or Litigation] in accordance with South Carolina law.

Tax and Reporting Obligations:

The Contractor shall provide the Client with a completed IRS Form W-9. The Contractor is responsible for all applicable South Carolina tax obligations.

Incident Reporting:

The Contractor shall promptly report any on-the-job incidents, damages, or injuries to the Client in writing within [Number] hours of the occurrence.

Reporting and Communication:

The Contractor shall provide regular status updates to the Client as follows: [Frequency of Updates, e.g., Weekly, Monthly].

Documentation and Retention:

The Contractor shall maintain accurate records of all services performed, and shall retain such records for [Number] years.

Special Requirements:

• Option A: Background Checks. The Contractor and all personnel working on Client property must pass a background check.
• Option B: Drug Screening. The Contractor and all personnel working on Client property must submit to drug screening.

Force Majeure:

Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to causes beyond its reasonable control, including acts of God, war, terrorism, or natural disasters (including hurricanes and flooding common in South Carolina).

Severability:

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Waiver:

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

Amendment:

This Agreement may be amended only by a written instrument signed by both parties.

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

____________________________
[Client Printed Name]
[Client Title]

____________________________
[Contractor Printed Name]
[Contractor Title]