Wyoming construction independent contractor agreement template

Wyoming Construction Independent Contractor Agreement

This Agreement is made as of this [Date] day of [Month], [Year], by and between:

[Client Full Legal Name], residing at [Client Address], hereinafter referred to as "Client,"

and

[Contractor Full Legal Name or Registered Business Name], residing at [Contractor Address], or with a principal place of business at [Business Address], Wyoming Contractor License Number [License Number], and having complied with Wyoming Secretary of State requirements [SOS Compliance Details], hereinafter referred to as "Contractor."

1. Scope of Work

Option A: The Contractor shall perform the following construction services: [Detailed description of services, including phases, deliverables, site address, and project timelines referencing Wyoming building codes and local regulations].

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

Option C: The Contractor shall perform services based on plans and specifications provided to the Contractor by the Client on [Date], which are incorporated by reference.

• Materials Supplied:
• Client: [List of Materials Supplied by Client]
• Contractor: [List of Materials Supplied by Contractor]

2. Schedule

Option A: The Contractor shall commence work on [Start Date] and shall complete the work by [Completion Date].

Option B: The Contractor shall adhere to the project schedule outlined in Exhibit B, attached hereto and incorporated by reference. This includes consideration of typical Wyoming weather conditions and their potential impact on the schedule.

Option C: Work schedules, on-site presence, staging, sequencing, and coordination with other contractors will be determined in writing between the Contractor and Client on a weekly basis.

3. Compensation

Option A: Fixed Price: The Client shall pay the Contractor a fixed price of [Dollar Amount] for the complete performance of the services described herein.

Option B: Cost-Plus: The Client shall pay the Contractor the cost of all labor and materials, plus a [Percentage]% markup for overhead and profit.

Option C: Unit Price: The Client shall pay the Contractor based on the following unit prices: [Detailed list of unit prices for specific tasks].

• Payment Schedule:
• Milestone 1: [Description of Milestone]: [Dollar Amount]
• Milestone 2: [Description of Milestone]: [Dollar Amount]
• Final Payment: [Dollar Amount] upon completion and acceptance of work.
• Retainage: [Percentage]% retainage will be held from each payment until final completion and acceptance, in accordance with Wyoming custom.
• Required Documentation: The Contractor shall submit invoices and lien waivers with each payment request.

4. Independent Contractor Status

The Contractor is an independent contractor and not an employee of the Client. The Client will not withhold or pay any federal, state, or local income taxes, social security, or unemployment taxes on behalf of the Contractor. The Contractor is solely responsible for all such taxes, including Wyoming sales/use tax compliance for construction labor and materials. No employment, partnership, or joint venture is created by this agreement.

5. Insurance

The Contractor shall maintain the following insurance coverages:

• General Liability: [Dollar Amount] per occurrence.
• Workers' Compensation: As required by Wyoming law, unless the Contractor has no employees and qualifies for an exemption. If exempt, provide proof of exemption.
• Auto Liability: [Dollar Amount] combined single limit.
• Builder's Risk: As applicable to the project scope.

• Additional Insured: The Client shall be named as an additional insured on the General Liability policy.
• Certificates of Insurance: The Contractor shall provide certificates of insurance to the Client prior to commencement of work.

6. Change Orders

No changes to the scope of work or compensation shall be made without a written change order signed by both parties. The change order shall include a detailed description of the change, the impact on the schedule, and the adjusted compensation.

Pricing methods for Change Orders: [Description of Pricing Method, e.g., time and materials, fixed fee].

7. Safety

The Contractor shall comply with all applicable OSHA and Wyoming Department of Workforce Services safety rules and regulations. The Contractor is responsible for providing and ensuring the use of personal protective equipment. The Contractor shall immediately report any injuries to the Client and appropriate authorities. The Contractor is also responsible for site security and protection of adjacent properties.

8. Inspections and Acceptance

The Client shall have the right to inspect the work at reasonable times. Upon completion of the work, the Client shall conduct a final inspection. The Contractor shall correct any defective work identified in the punch list within [Number] days. Final acceptance shall occur upon completion of all punch list items.

9. Subcontractors

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

Option B: The Contractor may subcontract portions of the work, but remains fully responsible for the performance and payment of all subcontractors. All subcontractors must meet Wyoming licensing and insurance requirements.

Option C: The Contractor is authorized to use the following subcontractors: [List of authorized subcontractors].

10. Indemnification

The Contractor shall indemnify and hold harmless the Client and property owner from any and all claims, liabilities, damages, losses, or expenses arising out of or relating to the Contractor's performance of this Agreement, subject to the limitations of Wyoming’s anti-indemnity statute.

11. Mechanic's Liens

The Contractor shall provide executed lien waivers with each payment application. The Contractor acknowledges and agrees to comply with Wyoming's mechanic's lien laws.

12. Ownership of Work Product

All plans, drawings, as-built documents, and related materials created by the Contractor for this project shall become the property of the Client upon payment.

13. Confidentiality

The Contractor shall maintain the confidentiality of any sensitive project, business, or property information disclosed by the Client.

14. Termination

Option A: This Agreement shall terminate upon completion of the work and final payment.

Option B: Either party may terminate this Agreement upon [Number] days written notice to the other party if the other party breaches this Agreement.

Option C: The Client may terminate this Agreement immediately if the Contractor fails to perform the work in accordance with the plans and specifications or violates any applicable laws or regulations, including Wyoming law.

• Upon termination, the Contractor shall be entitled to payment for work performed up to the date of termination, less any damages incurred by the Client as a result of the Contractor's breach.

15. Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to force majeure events, including weather conditions common in Wyoming, such as blizzards, extreme cold, or wildfires. The affected party shall promptly notify the other party of the force majeure event and shall use reasonable efforts to mitigate the impact of the event.

16. Dispute Resolution

Option A: Any disputes arising out of or relating to this Agreement shall be resolved through mandatory negotiation. If negotiation fails, the parties agree to submit to binding arbitration in [City], Wyoming, in accordance with the rules of the American Arbitration Association.

Option B: Any disputes arising out of or relating to this Agreement shall be resolved through mandatory negotiation, followed by non-binding mediation. If mediation fails, either party may pursue litigation in the courts of Wyoming.

Option C: Any disputes arising out of or relating to this Agreement shall be resolved in the courts of Wyoming, and Wyoming law shall apply.

• The prevailing party shall be entitled to recover its reasonable attorneys' fees and costs.

17. Compliance with Laws

The Contractor shall comply with all applicable industry standards, Wyoming contractor licensing laws, anti-discrimination statutes, and relevant environmental and zoning ordinances.

18. Documentation Retention/Inspection

The Contractor shall maintain accurate records of all costs and expenses incurred in connection with the work. The Client shall have the right to inspect these records upon reasonable notice.

19. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written, relating to the subject matter of this Agreement.

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

____________________________
[Client Full Legal Name]

____________________________
[Contractor Full Legal Name or Registered Business Name]

[Notary Acknowledgment, if required by Wyoming law or custom]