Wisconsin construction independent contractor agreement template

Wisconsin Construction Independent Contractor Agreement

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

• [Client Name], residing at [Client Address] ("Client"),

and

• [Contractor Business Name], whose principal place of business is at [Contractor Business Address], and whose full legal name is [Contractor Legal Name], with Wisconsin Contractor Registration Number [Contractor Registration Number] and License Number (if applicable) [Contractor License Number] ("Contractor").

Description of Services

• Option A: The Contractor agrees to perform the following construction services for the Client: [Description of Services]. This includes, but is not limited to, [Specific tasks, e.g., carpentry, electrical, plumbing]. The scope of work is detailed in Exhibit A, attached hereto and incorporated herein.
• Option B: The Contractor will provide the following services as directed by the Client and outlined in subsequent work orders. Each work order will detail the specific tasks, project specifications, and materials standards for that project.
• Option C: Provide the following services at the property located at [Property Address]: [Scope of Work, Detailed Project Specifications]. Materials standards, plans, or drawings are incorporated by reference in Exhibit A.

All work must comply with the Wisconsin Uniform Dwelling Code and all applicable local codes and environmental regulations.

Project Location

• Option A: The project will be located at [Project Address].
• Option B: The project will be located at various locations as directed by the Client.
• Option C: Prefabrication, storage, or staging areas may be located at [Off-Site Location, if applicable].

Project Timeline

• Option A: The estimated start date is [Start Date], and the estimated completion date is [Completion Date]. A detailed schedule of milestones is attached as Exhibit B.
• Option B: The project will commence upon Client approval and receipt of signed contract. Completion date is estimated to be [Estimate Completion Date] but may vary based on unforeseen circumstances.
• Option C: Extensions or changes to the timeline must be requested in writing and approved by both parties. All extensions are subject to weather-related delays and material delivery delays.

Licensing, Certifications, and Safety

• Option A: The Contractor represents that they possess all required licenses and certifications to perform the services outlined in this Agreement, including [List of Licenses and Certifications].
• Option B: Contractor shall maintain all required federal, state and local licenses and certifications, including OSHA safety compliance and the mandatory use of personal protective equipment (PPE) according to Wisconsin statutes and industry standards. Contractor will ensure all workers comply with the same.
• Option C: Contractor is responsible for providing site-specific safety training or orientation for all personnel in accordance with applicable Wisconsin laws and regulations.

Materials and Equipment

• Option A: The Client will supply all materials. The Contractor will supply all necessary equipment.
• Option B: The Contractor will supply all materials and equipment. Materials must meet the quality standards specified in Exhibit A.
• Option C: The Contractor will supply [Specific Materials] and the Client will supply [Specific Materials]. Storage and staging requirements are as follows: [Details]. The use of subcontractors or suppliers requires prior written approval from the Client.

Payment

• Option A: The total fixed price for the services is [Dollar Amount].
• Option B: The services will be billed on a time and materials basis at a rate of [Hourly Rate] per hour plus the cost of materials.
• Option C: Payment will be made according to the following progress payment schedule: [Payment Schedule].
  • Retainage: [Percentage]% retainage will be withheld and paid [Number] days after project completion and Client acceptance.
  • Invoicing Instructions: Invoices must be submitted to [Invoice Submission Details] and must include lien waivers with each pay application.

Wisconsin sales/use tax treatment for materials and labor will be handled as follows: [Tax Treatment Details]. The Contractor is responsible for all applicable tax reporting.

Independent Contractor Status

• Option A: The parties agree that the Contractor is an independent contractor and not an employee of the Client.
  • The Contractor is responsible for all self-employment and income tax obligations, workers’ compensation insurance (if required by Wisconsin law), liability insurance, and Social Security/Medicare taxes.
• Option B: Nothing in this Agreement shall be construed as creating a partnership, joint venture, or agency relationship between the parties.

Insurance

• Option A: The Contractor must maintain general liability insurance with a minimum coverage of [Dollar Amount] and workers’ compensation insurance as required by Wisconsin law.
  • The Contractor must provide a certificate of insurance to the Client prior to commencing work and include the Client as additional insured.
• Option B: Contractor shall indemnify and hold harmless the Client from any and all damages, bodily injury, or property damage arising from the Contractor's negligence or regulatory noncompliance.

Subcontractors

• Option A: The Contractor is responsible for payment of subcontractors.
  • The Contractor must comply with Wisconsin's Subcontractor Lien and Notice statutes and disclose requirements under the Wisconsin Construction Lien Law (Chapter 779), including providing contractor’s notice to property owner and requirements for lien waivers/releases for each payment.
• Option B: Subcontractors will be used at [Subcontractor Address] for the following services [Specific Services]. All subcontractors must be licensed.

Warranty

• Option A: The Contractor warrants their workmanship and materials for a period of [Number] year(s) from the date of completion per Wisconsin law.
  • This warranty does not include manufacturer warranties, which are addressed in Exhibit C. Warranty claims must be made in writing to [Warranty Claim Contact Information].
• Option B: If substandard or failing workmanship is noticed, the client will notify the contractor in writing. Contractor must begin required repair services within [Number] days of receiving notification.

Change Orders

• Option A: Any changes to the scope of work must be documented in a written change order signed by both parties.
  • Change orders must include the effect on the timeline and contract price.
• Option B: Change orders must be initiated by [Initiating Party: Contractor/Client] within [Number] days of identifying the need for change, after which changes will be authorized by [Authorizing Parties].

Default and Breach

• Option A: The following events constitute a breach of this Agreement: failure to meet quality standards, missed milestones, nonpayment.
  • The breaching party will have [Number] days to cure the breach. Remedies for breach include [Remedies, e.g., specific performance, liquidated damages].
• Option B: If the contractor files for bankruptcy, ceases business operations, or becomes a defendant in litigation, the Client may void this agreement and retain retainage.

Termination

• Option A: Either party may terminate this Agreement for cause with [Number] days prior written notice.
  • Termination for cause includes breach, failure to obtain permits, or safety violations.
• Option B: The Client may terminate this Agreement for convenience with [Number] days prior written notice.
  • In the event of termination, the Contractor will be paid for completed work and a final accounting will be conducted (with release of retention if applicable).

Site Cleanup

• Option A: The Contractor is responsible for site cleanup, debris removal, protection of property, and restoration of any disturbed areas.
  • All refuse will be removed and transported to a designated location off property.
• Option B: Site clean up will be completed on [Frequency, e.g., daily, weekly, upon completion] and approved by [Approving Party, e.g., Client, Site Supervisor].

Dispute Resolution

• Option A: Any disputes arising out of this Agreement will be resolved through negotiation and mediation, per Wisconsin statutes.
  • The designated jurisdiction for any legal action is [County Name] County, Wisconsin, and Wisconsin law governs this Agreement.
• Option B: All disputes must be settled through binding arbitration.
• Option C: Client will retain the final say in resolving all disputes.

Confidentiality

• Option A: The Contractor agrees to maintain the confidentiality of any proprietary information disclosed by the Client.
  • Intellectual property rights for custom plans or designs belong to [Owner of Intellectual Property].
• Option B: The Contractor agrees to preserve and return all project records as required by Wisconsin law.

Inspection and Approval

• Option A: The Client or a third-party inspector has the right to inspect and approve the work at specified milestones.
  • Procedures for rejection of non-conforming work and required corrective action timeline are as follows: [Procedures and Timeline].
• Option B: If requested, the Client will accompany the Contractor during all municipal and city inspections.

Applicable Wisconsin Regulations

• Option A: The Contractor must comply with all applicable Wisconsin regulations regarding lead safe practices, asbestos removal, or other hazardous substances if relevant.
• Option B: The Contractor must adhere to affirmative action and non-discrimination laws.
• Option C: This project [is/is not] subject to Wisconsin's prevailing wage law.

Force Majeure

• Option A: Neither party will be liable for delays caused by force majeure events, including weather, strikes, government shutdown, or unforeseen conditions.
  • The affected party must provide prompt written notice and pursue mitigation.
• Option B: Contractor shall only be excused from delays caused by force majeure events that exceed [Number] days.

Non-Exclusivity

• Option A: This Agreement is non-exclusive, and the Contractor may perform services for others.
  • Non-solicitation or non-competition limitations are as follows: [Details, if any].
• Option B: Contractor cannot concurrently work for another Client without written approval from the Client.

Compliance with Laws

• Option A: The Contractor must comply with all local, state, and federal laws applicable to the construction industry in Wisconsin, including building permits, licensing, lien rights, and industry codes or standards.
• Option B: The contractor shall obtain all required permits for the project at [Permit Responsibility: Contractor/Client] expense.
  • A copy of permits must be provided to the Client.

Documentation

• Option A: The Contractor must provide required certificates of insurance and business licensing documentation before commencing work.
  • Contractor shall update certifications when they expire, and share copies with Client.

Signatures

This Agreement shall be effective upon execution by both parties.

____________________________
[Client Name]
Client

____________________________
Date

____________________________
[Contractor Legal Name]
[Contractor Title]

____________________________
Date

Notices

All written notices between the parties must be sent by mail or email to the addresses listed above.

• Deadlines and format for written notices are as follows: [Deadlines and Format].

Child Labor Laws

If minors (under 18) are engaged in onsite labor per any subcontractor or labor service, compliance with Wisconsin child labor laws and limitations is required.

Incorporation by Reference

If this Agreement is part of a larger project or prime contract, relevant sections are incorporated by reference to align with upstream contract requirements and project owner obligations.

This contract is intended to provide a general framework and should be reviewed by legal counsel to ensure it meets the specific needs of the parties involved and complies with current Wisconsin law.