It’s hard to find a talented independent contractor one can trust to represent one’s company when working with a client. On finding a good contractor, it’s a person that one wants to keep on one’s team for future projects. One’s favorite independent contractor is likely someone that one’s clients would love to have on their team. In the absence of a subcontractor contract, they could hire one’s best contractor away. No matter how much trust one has on one’s contractors, there’s always a risk that the client could lure them away with a lucrative job offer. If that happens, one stands to lose not just one’s subcontractor’s skills and experience, but also one’s client’s hard-earned business.
The good news is, one can protect oneself against this and the risk of one’s subcontractor stealing one’s company’s intellectual property or specialized expertise and selling it on his or her own. The place to start is with an independent contractor contract, signed by oneself and the contractor. Independent contractor agreements typically address two key concerns. Preventing the subcontractor from taking a job with one’s client, and protecting one’s intellectual property. A subcontractor agreement governs the relationship between a consultant and the contractor who has been hired to perform services. It typically includes a statement of work, which clearly defines the duties, obligations and services the contractor will have to perform. The scope of work might define key project tasks, reimbursement of expenses, time and cost estimates, and project organization.
By clearly setting the scope of services one expects one’s independent contractor to provide, one sets the stage for a successful relationship while providing a blueprint for meeting one’s client’s needs. One can use the contract to establish price and payment terms, as well as how it will be handled should one or one’s client be unhappy with the level of service the contractor provides. Such agreements also give one the authority to terminate one’s relationship with the independent contractor for any reason.
One can also use this type of contract to protect one’s intellectual property rights and ensure that the subcontractor keeps confidential information private. It also establishes the rights and responsibilities of each party when providing consulting services for one’s client. Contractor agreements don’t need to be lengthy or detailed to get the job done. Once you’ve completed your agreement, it may still be a good idea to have an attorney looks it over to ensure that all the details are appropriate for the project and one’s specific line of work. With a legally binding independent contractor agreement in place, one will enjoy greater peace of mind that the skilled subcontractor one trusts, will remain a valuable part of one’s consulting team.
