Subcontractor / Independent Contractor Agreement
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When to Use This Agreement
This Agreement governs the relationship between a Consultant and a Subcontractor hired to perform services. It
should be used whenever you hire a subcontractor to perform duties on your behalf for a client.
Statement of Work Template Included
A Statement of Work template is included as Exhibit A to help you clearly define the scope of services the
subcontractor is performing on your behalf. It establishes the rights and responsibilities of each party in
providing consulting services for a third-party client.
What It Protects
The Consulting Subcontractor Agreement helps ensure that any subcontractor you hire to perform services relating to
an engagement for your client performs according to clear specifications. It sets the scope of services the
subcontractor must complete, specifies price and payment terms, and provides you remedies in the event you are
dissatisfied with the level of services provided. This Agreement also helps protect your intellectual property
rights and any confidential information the subcontractor is privy to. It establishes the subcontractor’s
relationship to your firm as an independent contractor and gives you clear authority to terminate the Agreement with
or without cause.
Agreement Provisions Included
- Scope of Services
- Price and Payment Terms
- Term and Termination
- Intellectual Property Ownership
- Confidential Information
- Subcontractor’s Duties and Obligations
- Subcontractor Warranties
- Limitation of Liability and Indemnification
- Relation of Parties
- Employee Solicitation/Hiring
- Non-Assignment
- Arbitration
- Attorneys’ Fees
- Severability
- Force Majeure
- No Waiver
- Entire Agreement
Exhibit A: Statement of Work
- Preamble
- Project Background
- Scope
- Key Tasks and Milestones
- Project Deliverables
- Time and Cost Estimates
- Price and Payment
- Invoices
- Payment
- Project Organization and Personnel Requirements
- Supporting Documentation
- Expenses
Have the Proper Tools Before Conducting Business
Whether you own your own business or are an independent contractor, having all of the proper tools for conducting business is a necessity before you dive into any agreements. One of the most important tools for any contractor or business is legal documentation to avoid future conflicts.
The Importance of the Independent Contractor Agreement
The independent contractor agreement is one of the most important contracts to have on hand. If you are a niche contractor, it’s essential to have your own specific agreement to cover all the bases of your work. You can download pre-written independent contractor agreements from websites like ContractEdge.com, which saves you a ton of work and research. It’s always a good idea to have an attorney look over your agreement, though, to make sure everything is set up properly for your line of work. To save money, contact a local college that has a decent law program and have a law student look over your contractor agreement. You can pay them much less than any attorney and you will still receive a good assessment of your contractor agreement.
Read the Fine Print Before Signing
In many circumstances when you are hired to do a job, the business will have you sign their agreement for the task at hand. This is perfectly acceptable and saves you the hassle of writing up your own independent contractor agreement. Make sure you read all of the fine print and that the work you are doing is applicable to the agreement. Make any needed changes by adding special clauses or amendments and have the company look it over. There’s nothing worse than a contractual misunderstanding, so go over the independent contractor agreement with the company before putting your signature on anything.
Businesses – Save Time By Having Your Own Independent Contractor Agreement
If you are a business in search of an independent contractor, make sure you have your own agreement written beforehand. It’s helpful to both parties if you have a specific agreement for the work you need done.
Use Pre-Written Agreements
Remember, there are many variations of the independent contractor agreement at websites like ContractEdge.com, so take advantage of these valuable downloads. They will help you when you find yourself in legal trouble.
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All agreements were created by attorneys who specialize in Information Technology law.
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