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Indemnification is a concept whereby one party contractually agrees or is otherwise legally obligated to bear the financial risks of another party. These parties are respectively known as the indemnitor and indemnitee. The construction industry relies on indemnification clauses to manage and transfer risk.
Every independent contractor agreement should feature an indemnity clause. The purpose of this clause is to ensure that the independent contractor will be held liable for any damage or injury resulting from the independent contractor's work performed under the contract.
Protect Yourself When Hiring a ContractorGet Proof of Bonding, Licenses, and Insurance.Don't Base Your Decision Solely on Price.Ask for References.Avoid Paying Too Much Upfront.Secure a Written Contract.Be Wary of Pressure and Scare Tactics.Consider Hiring Specialized Pros for Additional Guidance.Go With Your Gut.
Doing Work as an Independent Contractor: How to Protect Yourself and Price Your ServicesProtect your social security number.Have a clearly defined scope of work and contract in place with clients.Get general/professional liability insurance.Consider incorporating or creating a limited liability company (LLC).More items...?
The general rule regarding independent contractors states that a person who hires an independent contractor cannot be held vicariously liable for the wrongdoing of the independent contractor. (NYPRAC-TORTS § ).
General liability insurance is essential for independent contractors because: It protects you and your business. Independent contractors have the same legal obligations and liability exposures as larger firms. They can be sued for damaging client property, causing bodily harm, or advertising injury.
Cons of Independent Contracting Employers like contractors because they can avoid paying for taxes and benefits, and that means those costs fall entirely on independent contractors. Contractors must withhold their own federal, state, and local taxes. They may also have to submit quarterly estimated taxes to the IRS.
An Independent Contractor Agreement is a written contract that outlines the terms and conditions of the working arrangement between an independent contractor and client, including: A description of the services provided. Terms and length of the project or service.
Contract work provides greater independence, it can give you more predictable control of your work, and for many people, greater job security than traditional full-time employment. However, you are responsible for your own taxes, contracts, benefits and vacations.
The contract should state who pays which expenses. The contractor is usually responsible for all expenses including mileage, vehicle maintenance, and other business travel costs; work supplies and tools; licenses, fees, and permits; phone and internet expenses; and payments to employees or subcontractors.