Independent Contractor Agreement Drafting

Calling a worker a contractor does not, by itself, determine the relationship. Provide the actual arrangements for control, delegation, equipment, payment and business risk. Classification and possible sham-contracting issues require assessment of the relevant facts and law before the parties rely on the draft.

Set out the required result, deliverables, milestones, acceptance criteria and work locations. Explain who supplies equipment, whether substitution is permitted, and how changes are approved. The draft can record those instructions without assuming that a preferred contract label matches how the engagement will operate.

Provide the fee basis, invoicing process, expenses, GST instructions and payment milestones. Identify background materials and the intended ownership or permitted use of new work. Superannuation, payroll tax and other worker-related obligations need their own assessment; a payment or tax clause does not resolve them automatically.

Compare the draft with the intended day-to-day working relationship, including personal service, supervision and delegation. Check insurance, liability, confidentiality, IP and termination obligations. Obtain legal support where classification is uncertain or the contractor's working conditions differ from the written terms, and confirm the correct parties and signatories.