Whenever you hire someone to perform a job for you, it is important to have the terms of the agreement in writing. This is especially important when working with independent contractors, over which you don’t have the same level of direct control as you have over employees. A written Independent Contractor Agreement ensures the work that is to be done is completed as agreed. A strong contract can also ensure that your relationship with the independent contractor goes smoothly and ends positively.
Vlodaver Law Offices, LLC has helped businesses draft strong Independent Contractor Agreements that cover every angle and place our clients in the best position for success when entering into new business relationships with independent contractors.
Elements of an Agreement
There are different elements of an Independent Contractor Agreement that are very important. Here are some of the basics:
- Work for hire clarifications that define the exclusive ownership of deliverables
- The names of the parties involved and location of their offices
- The dates in which the service is to commence and terminate
- The scope of the work to be performed
- The terms of payment
- Reimbursement of equipment cost, if applicable
- Work performance expectations and requirements
- Requirement of written reports, if applicable
- Compliance with the law
- Confidentiality, trademarks, inventions, etc.
- Termination of the agreement and effect of termination
- Warranty and remedies in the event of non-performance
- Enforcement provisions
An Independent Contractor Agreement may consist of these areas and many others. While one Independent Contractor Agreement may require all of the above terms, another may emphasize other issues. This is why it is important to not copy and paste agreements from the Internet and instead turn to qualified legal counsel for drafting expertise. Customized agreements written by a knowledgeable attorney experienced in drafting Independent Contractor Agreements will include concepts that are specific to your business and to the business agreement that is being made.
It is your right to bring a lawsuit against a contractor who causes you financial loss or damages the reputation of your business in some way. However, a written Independent Contractor Agreement can outline what may occur if the contractor does not deliver. Usually the matter can be resolved by pointing out the terms that address the issue and what your rights are in regards to those terms. This can help ensure that the matter is resolved without having to go to court and without necessarily terminating the business relationship. With proper legal help, you may be able to avoid legal action entirely, while maintaining healthy relationships with independent contractors for future projects.
Contact a Minnesota Independent Contractor Agreements Attorney
If you are a business that utilizes independent contractors to help you run your business or meet the needs of your own customers or clients, having an Independent Contractor Agreement can help ensure that all tasks are carried out as required. Likewise, if you are an independent contractor yourself, Vlodaver Law Offices, LLC can help you review future contracts and create your own. Contact us for a free consultation to discuss how we can help you protect your interests when creating new independent contractor relationships.