Texas maintenance independent contractor agreement template

Texas Maintenance Independent Contractor Agreement

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

[Client Name], located at [Client Address], with phone number [Client Phone Number] and email [Client Email] (hereinafter referred to as "Client"), and

[Contractor Name], located at [Contractor Address], with phone number [Contractor Phone Number] and email [Contractor Email] (hereinafter referred to as "Contractor").

1. Scope of Services

Option A: The Contractor shall provide the following maintenance services to the Client: [Detailed description of maintenance services, e.g., HVAC, electrical, plumbing, landscaping, janitorial, general facilities upkeep] at the following property types: [Commercial, Residential, Industrial].

Option B: The Contractor shall provide maintenance services as requested by the Client on a per-project basis. Each project will be defined in a separate work order.

The Contractor shall provide services with a response time of [Response Time, e.g., within 24 hours] for urgent requests and [Response Time, e.g., within 72 hours] for non-urgent requests.

The Contractor is responsible for providing and maintaining all necessary tools and equipment, except for [List of exceptions, if any].

The Contractor is responsible for procuring all necessary parts, subject to Client approval for expenses exceeding [Dollar Amount].

The Contractor must possess the following minimum qualifications/certifications as required by Texas law: [List of qualifications/certifications, e.g., specific trade licenses]. The Contractor shall comply with all applicable Texas Department of Licensing and Regulation (TDLR) standards.

2. Service Hours and Onsite Conduct

Option A: The Contractor shall provide services during the following hours: [Days of the week], [Start Time] to [End Time].

Option B: Services will be provided based on project needs and scheduled with the Client's approval.

The Contractor is expected to perform after-hours or emergency work as needed. Compensation for such work will be [Compensation details for after-hours/emergency work].

The Contractor shall adhere to the following onsite conduct rules: [Safety rules, access protocols, attire requirements, identification requirements].

The Contractor shall log all service calls with detailed work records, including [Details of required information].

3. Performance Standards and Quality of Workmanship

The Contractor shall perform all services in a professional and workmanlike manner, meeting industry standards and Client expectations.

Completion timelines for projects will be agreed upon in advance.

Acceptance criteria for completed work include: [Specific criteria, e.g., functionality, cleanliness, adherence to specifications].

The Contractor shall provide the following documentation for each job: [List of documentation, e.g., photos, checklists, reports].

4. Compensation

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-project basis, as agreed upon in a separate work order.

Option C: The Contractor shall be compensated on a retainer basis of [Dollar Amount] per [Time Period].

The Contractor shall submit invoices on a [Billing Cycle, e.g., monthly] basis.

Invoices must include: [List of required information, e.g., date, invoice number, description of services, hours worked, materials cost].

Invoices must be supported by: [List of support documents, e.g., work orders, timesheets].

Payment will be made via [Payment Method, e.g., check, electronic transfer] within [Number] days of invoice receipt.

Late payments will accrue interest at a rate of [Percentage] per month, or the maximum rate permitted by Texas law.

The Contractor is responsible for the collection and remittance of all applicable Texas sales tax or use tax on materials billed, if any.

5. Ownership of Work-Product

All repairs, upgrades, or installations performed by the Contractor shall become the property of the Client upon completion and payment.

Unused materials shall be returned to [Client or Contractor].

6. Confidentiality, Security, and Privacy

The Contractor shall maintain the confidentiality of all Client information.

The Contractor shall take all necessary precautions to protect the security of Client property and systems.

The Contractor shall comply with all applicable privacy laws, including but not limited to the Texas Identity Theft Enforcement and Protection Act.

7. Independent Contractor Relationship

The Contractor is an independent contractor and not an employee of the Client.

The Contractor has the right to control the method of work.

The Contractor is responsible for providing their own tools and equipment (except as noted above).

The Contractor is not entitled to employee benefits.

The Contractor is responsible for paying self-employment taxes.

The Client will issue a Form 1099-NEC to the Contractor if payments exceed $600 in a calendar year.

8. Insurance

The Contractor shall maintain the following insurance coverage:

General Liability Insurance: [Dollar Amount] per occurrence.

Workers' Compensation: [Waiver or Policy Details] (Unless Contractor has employees, then Workers' Compensation Insurance is required per Texas law)

Property Damage Insurance: [Dollar Amount].

The Contractor shall provide certificates of insurance listing the Client as an additional insured where required.

9. Licenses and Permits

The Contractor shall possess and maintain all required occupational licenses and permits for specialized work as specified by Texas law, including but not limited to: [List of licenses and permits].

The Contractor shall provide proof of licensure upon request and maintain current licenses throughout the term of this Agreement.

10. Safety Compliance

The Contractor shall comply with all applicable OSHA safety protocols, Texas health and safety codes, and property-specific safety procedures.

The Contractor shall report any on-site accidents or hazardous conditions to the Client immediately.

11. Indemnification

The Contractor agrees to defend, indemnify, and hold harmless the Client from and against any and all claims, losses, damages, liabilities, and expenses (including attorney's fees) arising out of or relating to the Contractor's acts, omissions, or regulatory violations, to the extent permitted by Texas law.

12. Breach and Remedies

The following shall constitute a breach of this Agreement:

Non-performance of services.

Failure to meet quality standards.

Performance of unlicensed work.

Safety violations.

In the event of a breach, the Client may:

Provide the Contractor with a cure period of [Number] days to remedy the breach.

Withhold payment for substandard or incomplete work.

Require re-performance of faulty services at the Contractor's expense.

13. Term and Termination

Option A: This Agreement shall commence on [Start Date] and shall continue for a term of [Number] [Months/Years].

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

This Agreement may be terminated:

By either party with [Number] days written notice.

By the Client for cause, effective immediately.

By mutual agreement of the parties.

Upon termination, the Client shall pay the Contractor for all completed work to date.

Upon termination, the Contractor shall return all keys, security passes, and other Client property.

14. Dispute Resolution

Any dispute arising out of or relating to this Agreement shall be resolved as follows:

First, the parties shall attempt to resolve the dispute through good faith negotiation.

If negotiation fails, the parties shall attempt to resolve the dispute through mediation.

If mediation fails, the parties may pursue arbitration or litigation.

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

The venue for any legal action arising out of or relating to this Agreement shall be [County Name] County, Texas.

15. Assignment and Subcontracting

Option A: The Client may assign this Agreement to a successor in interest.

Option B: The Client may not assign this Agreement without the written consent of the Contractor.

Option A: The Contractor may not subcontract any work without the prior written consent of the Client.

Option B: The Contractor may subcontract work but remains fully responsible for the performance of all subcontractors.

The Client may require background checks on subcontractors, particularly for access to multi-family or school sites.

16. Recordkeeping and Audit Rights

The Contractor shall maintain accurate records of all services performed and payments received for a period of [Number] years, consistent with the Texas statute of limitations.

The Client shall have the right to audit the Contractor's records upon reasonable notice.

17. Required Texas Notices and Disclosures

The Contractor represents and warrants that they are legally authorized to perform the services described in this Agreement.

[Insert any applicable Texas mechanic's lien waiver or pre-notice language here].

18. Severability

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

19. Amendment

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

20. Signatures

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

____________________________

[Client Name]

[Client Title]

Date: [Date]

____________________________

[Contractor Name]

[Contractor Title]

Date: [Date]