Small Business Contracts

Independent Contractor Agreement

A services agreement with a contractor, drafted around the facts that decide classification.

What you get

  • An editable Word document, drafted from your answers and the state's published law.
  • A proof of sources: every citation in the draft with the words it quotes, the source and whether it is the official text, the date the text was saved and its fingerprint.
  • Notes for counsel listing each point marked [VERIFY], each blank and each choice left for the client.

What the intake asks

Plain questions, in the order an attorney would take the facts. Anything left blank stays a marked blank in the draft; nothing is invented to fill it.

The parties

  • Company's legal name
  • Company details
  • Contractor's legal name
  • Contractor details
  • Your client is the

The engagement

  • The services and deliverables
  • How the work will actually be done
  • Where the work will be performed
  • Term and termination

Payment

  • Compensation and invoicing
  • Expenses and materials
  • Taxes, benefits and insurance

Ownership and confidentiality

  • Who owns the work product
  • Work product, pre-existing materials and credit
  • Confidential information
  • Non-competition or non-solicitation
  • Covenant terms
  • Warranties, liability and indemnity

Closing

  • Governing law and disputes

Signing

  • How will this be signed
  • Other instructions or open decisions

Where it is offered

Every state Lawsmith has sources for:

Sources on file

The drafter works from the texts Lawsmith has saved for this document in the state you choose, plus federal law where it applies. Each is read from its government publisher and dated, and labelled official only where the state designates that text official.

StateSources for this document
California34
Connecticut18
Delaware23
District of Columbia27
Florida25
Maryland30
Massachusetts19
New Jersey32
New York30
Ohio20
Pennsylvania20
Texas24
Virginia28

Among them, for New Jersey:

  • N.J.S.A. 2A:14-1: 6 years
  • N.J.S.A. 12A:12-12. Retention of electronic records
  • N.J.S.A. 12A:12-2 Definitions relative to electronic transactions.
  • N.J.S.A. 12A:12-3 Applicability of act to electronic records, signatures; exceptions.
  • N.J.S.A. 12A:12-5. Electronic record, signature not required

The law on file, state by state

What the drafter reads for this document in each state, from the publisher's own pages. A listed text is on file; whether it governs your matter is your call. The collection does not establish complete legal coverage.

California

Connecticut

Delaware

  • 19 Del. C. § 3302. Definitions (unemployment insurance: employment) statute

    Delaware unemployment-insurance definitions: services performed by an individual for wages are employment irrespective of the common-law relationship unless it is shown to the Department's satisfaction that the…

  • 19 Del. C. § 2301. Definitions (workers' compensation) statute

    Delaware workers' compensation definitions, in which employee means every person in service of a corporation, association, firm or person under any contract of hire, express or implied, or performing services for…

  • 19 Del. C. § 3501. Definitions (Workplace Fraud Act) statute

    Delaware definitions for the Workplace Fraud Act, including construction services, contractor, employer and the exempt-person and independent-contractor terms the classification rule in § 3503 turns on.

  • 6 Del. C. § 2708. Choice of law. statute

    Contract execution and scope restrictions text. Read the complete provision, including scope, definitions, exceptions and effective dates, before applying it to this agreement.

  • 19 Del. C. § 3503. Requirements; acts prohibited (Workplace Fraud Act) statute

    Delaware misclassification text: an employer may not improperly classify an individual who performs work for remuneration as an independent contractor, and an employer-employee relationship is presumed when work is…

  • 19 Del. C. § 3509. Retaliation prohibited (Workplace Fraud Act) statute

    Delaware text barring discrimination or adverse action against a person for filing a complaint, bringing an action, testifying or assisting an investigation under the Workplace Fraud Act, with a Department complaint…

  • 6 Del. C. § 2511 statute

    Consumer fraud scope text. Read the complete provision, including scope, definitions, exceptions and effective dates, before applying it to this agreement.

  • 6 Del. C. § 2513 statute

    Consumer fraud scope text. Read the complete provision, including scope, definitions, exceptions and effective dates, before applying it to this agreement.

  • 6 Del. C. § 2707. Agreements not to compete statute

    Delaware text voiding a covenant not to compete in an employment, partnership or corporate agreement between physicians that restricts a physician's right to practice in a locale or for a period after termination, while…

District of Columbia

Florida

  • Fla. Stat. § 440.10. Liability for compensation. statute

    Florida text on an employer's liability to secure compensation, including that a contractor who sublets work is liable for and must secure compensation for the subcontractor's employees under the conditions stated, with…

  • Fla. Stat. § 440.02. Definitions. statute

    Florida workers' compensation definitions. Subsection (18) defines employee, includes certain corporate officers, sole proprietors and construction subcontractors, and in paragraph (d) excludes an independent contractor…

  • Fla. Stat. § 443.036. Definitions. statute

    Florida reemployment assistance definitions used throughout chapter 443, including employment, employing unit and the terms used in section 443.1216. This is a long section; read the definitions that apply.

  • Fla. Stat. § 443.1216. Employment. statute

    Florida reemployment assistance text stating that employment subject to the chapter includes service by an officer of a corporation and by an individual who, under the usual common-law rules for determining the…

  • Fla. Stat. § 542.335: Restrictive covenant scope statute

    Restrictive covenant scope text. Read the complete provision, including scope, definitions, exceptions and effective dates, before applying it to this agreement.

  • Fla. Stat. § 542.43. Definitions. statute

    Florida CHOICE Act definitions, including covered employee (an employee or individual contractor meeting the earnings threshold stated), covered employer, covered garden leave agreement and covered noncompete agreement.

  • Fla. Stat. § 542.44. Covered garden leave agreement. statute

    Florida CHOICE Act text on covered garden leave agreements, stating their applicability, that they do not violate public policy as a restraint of trade, and the conditions the section lists.

  • Fla. Stat. § 440.05. Election of exemption; revocation of election; notice; certification. statute

    Florida text on the notices corporate officers, sole proprietors and partners file to elect or revoke a workers' compensation exemption, and the certification process the section describes.

  • Fla. Stat. § 542.45. Covered noncompete agreements. statute

    Florida CHOICE Act text on covered noncompete agreements with covered employees who work primarily in Florida or covered employers based in Florida, stating that such an agreement does not violate public policy as a…

  • Fla. Stat. § 688.002: Trade secrets statute

    Trade secrets text. Read the complete provision, including scope, definitions, exceptions and effective dates, before applying it to this agreement.

Maryland

Massachusetts

New Jersey

New York

Ohio

Pennsylvania

Texas

Virginia

How the draft is checked

Before it writes, the drafter must quote the saved text behind each citation. Lawsmith compares every quotation with the text on file, character for character; a citation with no checked quotation reaches you marked [VERIFY]. The draft still needs your review before it is signed, filed or sent. How citations are checked

Questions attorneys ask

What does Lawsmith draft for a independent contractor agreement?
A services agreement with a contractor, drafted around the facts that decide classification. You start from the matter's documents, describe it in your own words, or answer plain intake questions, and the draft comes back as an editable Word document for your review.
Which states is the independent contractor agreement offered in?
All 13 states Lawsmith covers: California, Connecticut, Delaware, District of Columbia, Florida, Maryland, Massachusetts, New Jersey, New York, Ohio, Pennsylvania, Texas and Virginia.
Where do the citations come from?
From the statutes, court rules, regulations and forms Lawsmith has saved from each state's government publishers, with the date each text was read and a label saying whether it is the official text. Before writing, the drafter must quote the saved text behind each citation; a citation with no checked quotation reaches you marked for verification.
Is it reviewed by an attorney?
No. Every draft is a first draft for a licensed attorney's review before it is signed, filed or sent. Each citation in it quotes the text Lawsmith has on file or is marked for verification.
What does it cost?
Five documents free, no card. After that, Professional is $499 a month for one attorney.

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