Independent consultants are a special type of independent contractor. In other words, the University has the right to control only the result of the service (i.e., the end product), not the manner of performance (i.e., time, place and methods). Generally, an independent contractor performs tasks to execute the work.
The consultant is the intermediary between the client and the contractor. The consultant therefore needs to be even-handed and impartial in dealing with issues affecting the client and contractor. A related issue is clarity in the roles of Engineer, Engineer's Representative and Team Leader to the contract.
The consultant doesn't implement the strategies they suggest. The client puts the suggestions into action. On the other hand, a contractor performs the work for their clients. A typical contract stipulates that they're responsible for completing a defined set of tasks in the way the client wants.
The consulting agreement is an agreement between a consultant and a client who wishes to retain certain specified services of the consultant for a specified time at a specified rate of compensation. As indicated previously, the terms of the agreement can be quite simple or very complex.
The Consulting Services Agreement formally establishes the relationship between the client and the consultant as contractor and not employer and employee. It sets out the rights and obligations of both parties and the scope of the services the Consultant is to perform.
To limit your liability and protect your assets, you should include a liability clause in your consulting contract that defines the maximum amount of compensation you are liable for, the types of damages you are not liable for, and the situations in which you are not liable at all.
The consultant doesn't implement the strategies they suggest. The client puts the suggestions into action. On the other hand, a contractor performs the work for their clients. A typical contract stipulates that they're responsible for completing a defined set of tasks in the way the client wants.
In general, the difference is that the consultant's role is to evaluate a client's needs and provide expert advice and opinions on what needs to be done, while the contractors role is generally to evaluate the client's needs and actually perform the work.
Both involve the meeting of minds and exchange of promises, but a contract typically entails a more formalized arrangement, often documented in writing, and carries legal enforceability. Conversely, an agreement can be informal and may not always be legally binding.
How do I write a Service Agreement? State how long the services are needed. Include the state where the work is taking place. Provide the contractor's and client's information. Describe the service being provided. Outline the compensation. State the agreement's terms. Include any additional clauses.