Agreement To Do Work
This agreement made this ______day of ______20____ between
______hereinafter called OWNER, whose address is ______
and ______(S.S.# ______) hereinafter called CONTRACTOR, whose address is______.
The Owner and the Contractor for the considerations hereinafter named agree as follows:
1. The Contractor agrees to provide all materials and work in strict accordance with:
A. AIA Document A201 "General Conditions of the Contract for Construction" Latest Edition, published by The American Institute of Architects; 1735 New York Avenue-N.W.; Washington, D.C.; 20006. Where the word "Architect" appears in this document it shall be understood to refer to the Owner's Representative.
B. Real Estate Investment Course Form, "Specifications For Doing Work".
C. Job Specifications: ______
D. ______
______
______
E. Drawings (if there be any designated by the Specifications) dated ______.
Above documents are hereby made a part of, and subject to, all provisions of this contract.
2. CONTRACTOR'S PROPOSAL
In the event that the Contractor's Proposal is attached to this contract, it shall be understood that all material and work shall be substantially as described and listed in the proposal, but documents listed in Article (1) shall govern and shall be complied with by the Contractor. Furthermore, all material and work called for by this contract shall be provided by the Contractor whether or not such material and work is listed or specified in his proposal.
3. CONTRACTOR TO PROVIDE
Contractor is to provide labor, tools and materials as required to complete work. Contract price is for labor and tools only. The actual cost of materials included in the work will be paid by the Owner. Contractor shall provide a list of materials required and their cost prior to material purchase.
4. COMPLETION TIME
Contractor shall start work immediately and complete the work within ______calendar days. It is understood that the Owner will suffer a loss due to the failure of the Contractor to meet this TIME FOR COMPLETION requirement.
It is therefore agreed that the total contract price will be reduced by the amount of ______Dollars ($______) for each day beyond the scheduled completion time that the work remains uncompleted.
The Contractor shall not be liable for loss, damage, detention or delay resulting from causes beyond his reasonable control.
Owner has the option to cancel this contract without obligation if the work is not started promptly and pursued with sufficient labor to maintain a schedule for completion in the time stated above. Work stopped for four (4) consecutive days shall be considered abandoned.
5. OWNER'S EQUIPMENT
Should the Contractor borrow or use any tools, vehicle, or other equipment belonging to the Owner, he does so at his own risk. Contractor shall list in writing any defects in the equipment at the time it is borrowed. Any damage not so listed and signed for by the Owner's Representative shall be presumed the Contractor's responsibility. Contractor agrees to replace or repair any damage or loss to the Owner's equipment.
6. AMOUNT OF CONTRACT
The Owner agrees to pay the Contractor in current funds, for the performance of the contract ______Dollars ($______), subject to additions and deductions as provided for in the "General Conditions". Payments on account shall be made from time to time during the progress of work, upon written application by the Contractor, accompanied by a proper Mechanic's Lien Affidavit, in duplicate. At no time prior to completion of work shall the total of certified payments exceed seventy-five (75%) percent of the value of the work, as adjudged by the Owner's Representative, which is then completed. Application for final payment must be accompanied by a proper Mechanic's Lien Affidavit and Waiver of Lien, both in duplicate.
The final settlement shall be had, certificate issued, and payment made, less the total sum of accrued claims, and/or any other charges within sixty (60) days after the contract has been fully performed and work thereof approved.
The Contractor shall not assign this contract or any rights hereunder without written consent of the Owner. No modification thereof shall be binding unless in writing duly accepted by the Owner and approved by a duly authorized representative of the Contractor. In no event shall any claim for consequential damages be made by either party except as expressly stipulated and limited by the provisions of this contract.
Contractor agrees that he is not an employee of the Owner and that Contractor will not be treated as an employee for Federal or State tax purposes. Contractor agrees that he will be responsible for paying estimated income and self-employment taxes.
The foregoing shall constitute the entire contract between the parties, and no understandings or obligations not herein expressly set forth are binding upon them.
The Owner and the Contractor for themselves, their successors, executors, administrators, and assigns, hereby agree to the full performance of all covenants herein contained.
IN WITNESS WHEREOF they hereby attach their signatures in execution of this agreement of the day and year first above written.
______WITNESS / ______
OWNER
______
WITNESS / ______
BY
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______WITNESS / ______
CONTRACTOR
______
WITNESS / ______
BY
Independent Contractors Agreement
THIS AGREEMENT is made and entered into this ______day of ______20_____
by and between ______,
with offices at ______,
in the City of ______and the State of ______hereinafter referred to as the "Contractor",
and ______
whose address is ______
in the City of ______, and the State of ______, hereinafter referred to as the "Subcontractor".
WITNESSETH:
WHEREAS, the Contractor is engaged in the business of ______,
and the Subcontractor is engaged in the business of ______; and
WHEREAS, the Contractor desires to enter into this Agreement with the Subcontractor, providing, among other things, for Subcontractor’s services to the Contractor; and
WHEREAS, The Subcontractor desires to enter into this Agreement with respect to his services to the Contractor, upon the terms and conditions hereinafter set forth.
NOW, THEREFORE, the parties agree as follows:
1. The Contractor shall retain the Subcontractor and the Subcontractor shall assist the Contractor upon the terms and conditions hereinafter set forth.
2. Term- The term of this Agreement shall commence on the ______day of______20______and terminate on the day of______20______, unless terminated prior to that date as set out hereinafter.
3. Duties of Subcontractor- during the period of this Agreement, the Subcontractor shall have the full and complete obligation and responsibility for the performance of the duties and/or work described in the attached Exhibit "A" for the Contractor and the Subcontractor shall be obligated to the Contractor for the performance of all such duties and/or work. During the period hereof, the Subcontractor shall assist the Contractor and shall perform any and all services required or requested in connection with the Contractor’s business. Within the limitations herein provided, the Subcontractor will render such services of an advisory nature as may be requested from time to time by the Contractor.
4. Time Requirements- The Subcontractor shall devote, during the term of this Agreement, such of his time, energy, and skill as is necessary in the performance of his duties hereunder and shall periodically, or at any time, upon the request of the Contractor, submit data as to the time requirements of work performed and to be performed by him for the Contractor in connection with this Agreement.
5. Fees to Subcontractor- The Contractor shall pay the Subcontractor on a "per project" basis for services in connection with this Agreement, the exact amount for each project to be agreed upon in writing by the Contractor and the Subcontractor, prior to any work being performed, or, in the alternative, per the attached Exhibit "B".
6. Relation of the Parties- The Subcontractor is retained by the Contractor only for the purposes and to the extent set forth in this Agreement and the Subcontractor’s relationship to the Contractor shall, during the term of this Agreement, be than of an Independent Contractor. The Contractor shall not withhold, form sums becoming payable to the Subcontractor hereunder, and amounts for State or Federal Income Tax, or for FICA (Social Security) Taxes, during the term of this Agreement. The Subcontractor shall be free to dispose of such portions of his entire time, energy and skill as he is not obligated to devote hereunder to the Contractor in such manner as he deems advisable. The Subcontractor shall not be considered as having an employee status or as being entitled to participate in any plans, arrangements or distributions by the contractor pertaining to or in connection with any pension, stock, bonus, profit sharing or other benefit extended to the Contractor’s employees.
7. Worker’s Compensation- If required by the laws of this State, the contractor shall maintain in full force and effect a policy of worker’s compensation insurance covering the Subcontractor during the term of this Agreement and the Subcontractor’s account shall be debited by the prorating of premiums thereon attributable to the Subcontractor.
8. Professional Responsibility- Nothing in this Agreement shall be construed to interfere with or otherwise affect the rendering of services by the Subcontractor in accordance with his independent and professional judgment. The Subcontractor shall perform his services substantially in accordance with generally accepted practices and principles of his trade. This Agreement shall be subject to the rules and regulations of any and all organizations and associations to which the Subcontractor may form time to time belong and to the laws and regulations governing the practice of the Subcontractor’s trade in this State.
9. Indemnity to Subcontractor- The Contractor indemnifies the Subcontractor against any loss or liability which the Subcontractor may sustain by reason of any contract entered into by the Contractor with any principal, but this indemnity shall not extend to any loss which the Subcontractor may incur by reason of the work performed by the Subcontractor hereunder.
10. Termination- This Agreement may be terminated at any time, with or without cause, by either party upon thirty (30) day’s written notice.
11. Notice- Any notice required to be given hereunder shall be deemed given on the third (3rd ) business day following mailing of any such notice, postage paid, to the address set out hereinabove.
IN WITNESS WHEREOF, the parties have hereunto set their hand and seals the day and year first above written.
SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF:
Contractor / ______
Subcontractor
______
Witness / ______
Witness
______
Witness / ______
Witness