West Virginia maintenance independent contractor agreement template

West Virginia Maintenance Independent Contractor Agreement

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

Client: [Client Full Legal Name], residing at [Client Physical Address], with phone number [Client Phone Number] and email address [Client Email];

And

Contractor: [Contractor Full Legal Name], residing at [Contractor Physical Address], with phone number [Contractor Phone Number] and email address [Contractor Email]. If applicable, the contractor's business name is [Contractor Business Name].

Scope of Services

Option A: The Contractor agrees to provide maintenance services as described in Exhibit A, attached hereto and incorporated by reference.

Option B: The Contractor will provide the following maintenance services at [Service Location Address]:

Property Type: [Residential, Commercial, Industrial, etc.]

Specific Tasks: [Preventive Maintenance, Repairs, Inspections, Cleaning, Groundskeeping, HVAC Servicing, Electrical/Plumbing, Emergency Call-Outs, etc.]

Work Standards: [Description of required quality and standards]

Response Times: [Specified response times for different types of requests]

Regulatory Compliance: The Contractor is responsible for compliance with all applicable West Virginia regulations related to property maintenance.

Service Locations and Working Hours

Option A: Services will be performed at the following location(s): [Onsite Address(es)].

Option B: Services will be performed on an as-needed basis at locations designated by the Client.

Regular Working Hours: [Days and Times of the Week]

Emergency Availability: [Emergency contact information and procedures for unscheduled or urgent repairs]

Materials, Tools, and Equipment

Option A: The Client will provide all necessary materials, tools, and equipment.

Option B: The Contractor will provide all necessary materials, tools, and equipment.

Option C: The Client will provide the following: [List of Client-Provided Items]; the Contractor will provide all other necessary items.

Quality Standards: All materials must meet the following quality standards: [Description of Required Quality].

Liability: The [Client/Contractor] is responsible for loss or damage to provided tools and equipment.

Compensation

Option A: Hourly Rate: The Client will pay the Contractor at a rate of [Dollar Amount] per hour. Overtime (in excess of 40 hours per week) will be paid at a rate of [Dollar Amount] per hour, in compliance with West Virginia wage laws.

Option B: Per-Task Basis: The Client will pay the Contractor according to the fee schedule outlined in Exhibit B, attached hereto and incorporated by reference.

Option C: Flat-Fee/Monthly Retainer: The Client will pay the Contractor a flat fee of [Dollar Amount] per [Month/Project].

Invoicing: The Contractor shall submit invoices to the Client [Frequency, e.g., weekly, bi-weekly, monthly], detailing all services performed, hours worked (if applicable), and materials used.

Payment Schedule: The Client will pay the Contractor within [Number] days of receipt of a valid invoice.

Payment Methods: Acceptable payment methods are [Check, Electronic Transfer, etc.].

Reimbursement: The Contractor will be reimbursed for pre-approved out-of-pocket expenses, with receipts provided.

Late Fees: Late payments will incur a late fee of [Dollar Amount or Percentage] per [Day/Month].

Sales Tax: [West Virginia sales/use tax applies / does not apply] to [Materials only / Services only / Both].

Taxes and Licenses

The Contractor is solely responsible for all federal, state (West Virginia), and local taxes, including self-employment taxes.

The Contractor is responsible for obtaining and maintaining all necessary business licenses.

The Contractor is required to provide proof of registration with the West Virginia Secretary of State and a valid business license.

No payroll taxes or employee benefits will be withheld by the Client.

Independent Contractor Status

It is expressly understood and agreed that the Contractor is an independent contractor and not an employee of the Client, as defined under West Virginia law.

The Contractor is not entitled to unemployment or workers' compensation benefits from the Client, unless the contractor provides proof of their own West Virginia workers’ compensation coverage if required for the scope of work.

Insurance

The Contractor shall maintain the following insurance coverage:

General Liability Insurance: Minimum coverage of [Dollar Amount].

Workers' Compensation Insurance: If required by West Virginia law for the nature of the work, the Contractor must maintain workers' compensation insurance.

Commercial Auto Insurance: Minimum coverage of [Dollar Amount], if the Contractor uses a vehicle for work related to this agreement.

The Contractor shall provide proof of insurance to the Client before commencement of services.

Confidentiality

The Contractor shall maintain the confidentiality of all Client property access, security codes, keys, and sensitive information.

The Contractor shall not disclose Client information to any third party or use it for any purpose other than performing the services under this Agreement.

Care of Client Property

The Contractor shall exercise reasonable care to avoid damage to Client property.

The Contractor shall report any damage or safety hazards to the Client immediately.

The Contractor shall obtain Client authorization before commencing repairs exceeding [Dollar Amount].

Access and Compliance

The Client will provide the Contractor with access to the property as needed to perform the services.

The Contractor shall comply with all applicable health, safety, and property codes in West Virginia.

Compliance with Laws and Regulations

The Contractor shall comply with all applicable West Virginia and local regulations, including but not limited to licensing and permits needed for specialized work (e.g., electrical, plumbing).

The Contractor shall maintain and renew all required credentials throughout the term of this Agreement.

Recordkeeping

The Contractor shall maintain accurate records of all work performed, parts used, and time spent.

The Contractor shall provide reports to the Client [Frequency, e.g., weekly, monthly] in the following format: [Description of Reporting Format].

The Contractor shall take before and after photographs of repairs, when applicable.

Subcontractors

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

Any subcontractors used by the Contractor must meet the same insurance, licensing, and qualification standards required of the Contractor under West Virginia law.

Warranties

The Contractor warrants that all workmanship will be performed in a professional and workmanlike manner.

The Contractor warrants that all materials will be of good quality and free from defects.

The Contractor shall correct any defective work or materials within [Number] days of notification by the Client at no additional charge.

Termination

Option A: This Agreement may be terminated by either party upon [Number] days written notice.

Option B: This Agreement may be terminated immediately for cause, including but not limited to breach of contract, license or insurance lapse, or criminal activity.

Final Payment: Upon termination, the Client shall pay the Contractor for all services performed up to the date of termination.

Transition: Upon termination, the Contractor shall promptly return all keys, reports, and electronic data to the Client.

Indemnification and Liability

The Contractor shall indemnify and hold the Client harmless from any and all claims, damages, losses, and expenses arising out of or resulting from the Contractor's negligence or misconduct, subject to West Virginia statutory limits and exclusions.

Dispute Resolution

Any disputes arising under this Agreement shall be resolved through good faith negotiations.

If negotiations fail, the parties agree to attempt mediation or arbitration within [City, West Virginia].

The jurisdiction and venue for any legal action shall be in [Client's County, West Virginia].

Governing Law

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

Modifications and Amendments

Any modifications or amendments to this Agreement must be in writing and signed by both parties.

General Provisions

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

Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings.

Notice: All notices under this Agreement shall be in writing and shall be deemed to have been duly given when delivered personally, sent by registered mail, or sent by email to the addresses listed above.

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.

Special Conditions

Prevailing Wage: [If applicable, state that the Contractor must comply with prevailing wage laws]

Background Check: [If applicable, state that the Contractor is required to undergo a background check]

HOA/Property Management Rules: The Contractor shall comply with all applicable homeowner association or property management rules.

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

[Client Full Legal Name]

____________________________

Signature

[Contractor Full Legal Name]

____________________________

Signature