1
INDEPENDENT CONTRACTOR AGREEMENT
This independent contractor agreement is between S&H Remodeling, Inc., an Illinois
S-Corporation, and any of its subsidiaries, affiliates, or other corporations controlled directly or
indirectly by S&H Remodeling, Inc. (the “Company”), and your company (the “Contractor”) and
any of its subsidiaries, affiliates, or other corporations controlled directly or indirectly by the
Contractor.
RECITALS
The Company is in the business of managing their Clients’ residential portfolios and all the
necessary repairs required for the properties to become 100% rent ready.
The parties therefore agree as follows:
1.ENGAGEMENT; SERVICES.
(a) Engagement. The Company retains the Contractor to provide, and the Contractor shall
provide, the services and repairs described in the bid documents. The bid documents will be
defined as Exhibit A in this Agreement.
(b) Services. Without limiting the scope of Services described in Exhibit A, the Contractor shall:
(i) Perform or manage by subcontractors the Services and repairs set forth in Exhibit A
regarding all new rent ready or sell as is properties. However, if a repair or service is
omitted in the original Exhibit A documents for any reason, the Contractor will be
responsible for not only identifying the omitted repair or service but also will be required
to have the repair and service completed in said property by following company policies
and procedures;
(ii) devote as much productive time, energy, and ability to the performance of his duties
under this agreement as may be necessary to provide the required Services in a timely
and productive manner;
(iii) perform the Services in a safe, good, and workmanlike manner by fully trained, skilled,
competent, and experienced personnel using at all times adequate equipment in good
working order;
(iv) communicate with the Company about progress the Contractor has made in performing
the Services;
2
(v) meet or exceed construction cycle times set forth by the company;
(vi) supply all tools, equipment, and supplies required to perform the tenant work orders that
arise, except if the Contractor’s work must be performed on or with the Company’s
equipment;
(vii) manage all tenant scopes of work that arise and require repairs for proper mechanical
function;
(viii) ensure that all materials and equipment furnished to [his][her][its] personnel are of good
and merchantable quality, unless otherwise agreed by the Company;
(ix) ensure all materials purchased by Contractor or sub-contractor meets or exceeds
approved product specifications;
(x) provide services (including the Services) and end products that are satisfactory and
acceptable to the Company and free of defects; and
(xi) remove, replace, or correct all or any portion of the work or end products found defective
or unsuitable, without additional cost or risk to the Company when Contractor is
awarded to perform repair services directly on their own awarded properties. When sub-
contractors and other crews are awarded the property to perform services, the Contractor
will ensure that the sub-contractor will remove, replace, or correct all or any portion of
the work or end products found defective or unsuitable. Contractor will manage and
follow the Company’s quality control standards and hold all sub-contractors responsible
for any repairs or material defects supplied or performed by sub-contractor;
(c) Legal Compliance. The Contractor shall perform the Services in accordance with standards
prevailing in the Company’s industry, and in accordance with applicable laws, rules, or
regulations. The Contractor shall comply with those standards, laws, rules, or regulations.
(d) Company’s Obligations. The Company shall make timely payments of amounts agreed upon
by the S&H Remodeling Project Manager (PM) and the Contractor by way of Purchase
Orders (POs). Any additional work performed must be reflected in a change order and will
be paid out via PO through the Company at the time of completion.
2. TERM AND TERMINATION.
(a) Term. This agreement will become effective as of date of Contractor signature. This
agreement will continue until the Services have been satisfacto
rily completed and the
Contractor has been paid in full for such services. This agreement will continue indefinitely
and govern all properties and projects the company requests contractor’s services for.
(b) Termination. This agreement may be terminated:
3
(i) the Contractor must provide a 30-day written notice to the Company if Contractor
decides to terminate this agreement to allow the Company to prepare for any changes.
(ii) by the Company at any time and without prior notice, if the Contractor is convicted of
any crime or offense, fails or refuses to comply with the written policies or reasonable
directives of the Company, or is guilty of serious misconduct in connection with
performance under this agreement.
(iii) automatically, on the death of the Contractor.
(c) Effect of Termination. After the termination of this agreement for any reason, the Company
shall promptly pay the Contractor for Services rendered before the effective date of the
termination. No other compensation, of any nature or type, will be payable after the
termination of this agreement.
3.COMPENSATION.
(a) Terms and Conditions. The Company shall pay the Contractor in accordance with any
purchase orders issued by the Company relating to individual scopes of work awarded.
(b) No Payments in Certain Circumstances. No payment will be payable to the Contractor under
any of the following circumstances:
(i) under applicable government law, regulation, or policy;
(ii) if the Contractor did not directly perform or complete the Services described in Exhibit
A or fails to meet any of the outlined services listed above which the Company has
engaged the Contractor to complete;
(iii) if the Contractor did not perform the Services to the reasonable satisfaction of the
Company; or
(iv) if the Services performed occurred after the expiration or termination of the Term, unless
otherwise agreed in writing.
(c) No Other Compensation. The compensation set out above and described by all POs will be
the Contractor’s sole compensation under this agreement.
(d) Expenses. Any ordinary and necessary expenses incurred by the Contractor or his staff in the
performance of this agreement will be the Contractor’s sole responsibility.
4
(e) Taxes. The Contractor is solely responsible for the payment of all income, social security,
employment-related, or other taxes incurred as a result of the performance of the Services by
the Contractor under this agreement, and for all obligations, reports, and timely notifications
relating to those taxes. The Company has no obligation to pay or withhold any sums for
those taxes.
(f) Other Benefits. The Contractor has no claim against the Company under this agreement or
otherwise for vacation pay, sick leave, retirement benefits, social security, worker’s
compensation, health or disability benefits, unemployment insurance benefits, or employee
benefits of any kind.
4.NATURE OF RELATIONSHIP.
(a) Independent Contractor Status.
(i) The relationship of the parties under this agreement is one of independent contractors,
and no joint venture, partnership, agency, employer-employee, or similar relationship is
created in or by this agreement. Neither party may assume or create obligations on the
other party’s behalf, and neither party may take any action that creates the appearance of
such authority.
(ii) The Contractor has the sole right to control and direct the means, details, manner, and
method by which the Services will be performed. The Contractor or the Contractor’s
staff shall perform the Services, and the Company is not required to hire, supervise, or
pay any assistants to help the Contractor perform those Services. The Contractor shall
provide insurance coverage for himself and his staff.
5.CONFIDENTIAL INFORMATION.
(a) Confidentiality. During the Term, the Contractor may have access to or receive certain
information of or about the Company that the Company designates as confidential or that,
under the circumstances surrounding disclosure, ought to be treated as confidential by the
Contractor (“Confidential Information”). Confidential Information includes information
relating to the Company or its current or proposed business, financial statements, budgets
and projections, customer identifying information, potential and intended customers,
employers, products, computer programs, specifications, manuals, software, analyses,
strategies, marketing plans, business plans, and other confidential information, provided
orally, in writing, by drawings, or by any other media. The Contractor will treat the
Confidential Information as confidential and will not disclose it to any third party or use it
for any purpose but to fulfill his obligations in this agreement. In addition, the Contractor
shall use due care and diligence to prevent the unauthorized use or disclosure of such
information.