independent contractor contract

• Gradijan v. Bay, (Ohio 2011)

Prompt Pay Statute; Federal Preemption - Independent Contractor; Waiver of Breach of Contract.

• Ohio Supreme Court

• When Contract Should Preempt Tort Remedies: Limits On Vicarious Liability for Acts of Independent Contractors

The current law regarding whether a company can be held vicariously liable for the torts of independent contractors is a morass. Companies do not know in what circumstances liability will attach. Uncertainty and inconsistency are rife and well documented. As the use of outsourcing continues to increase in the US, an accurate assessment of the potential liability risks associated with independent contractors has become even more important. The theory advanced in this Article is designated the "Contract Preemption" model of liability because contract effectively preempts tort remedies in the first category of torts by cutting off tort recovery where there is privity. In the second category of torts, contract still has an important role to play as between the hiring company and the indepen...

• Fordham Journal of Corporate & Financial Law
• Vol. 15 Nbr. 1, January 2009

• Royce v. Yardmaster, Inc., (Ohio 2008)

NEGLIGENCE - landowner liability for injuries caused by natural accumulations of ice and snow; duty to remove natural accumulations of ice and snow may be assumed by contract; independent contractor under contract to remove ice and snow for benefit of landowner's invitees has duty of ordinary care to remove ice and snow and is not strictly liable.

• Ohio Supreme Court

• Defense Federal Acquisition Regulation Supplements:

...Support Contractor Access to Technical Data (DFARS Case 2009-D031). A... for the sole purpose of furnishing independent and impartial advice or technical assistance direc...

• FR, March 02, 2011
• Rules
• Defense Acquisition Regulations System

• Greenville Budget Would Dispose of Trash Pickup

GREENVILLE - A proposed municipal budget of $2,205,690 that eliminates town-funded curbside trash pickup in Greenville will be up for adoption at the June 6 annual town meeting. The elimination of that $40,000 service, which will mean individual property taxpayers will either contract with an independent contractor or take their trash to the transfer station, was one of several cuts made to reduce the proposed 2011-12 spending plan. The proposed budget represents an increase of $126,733 over the current year.

• Bangor Daily News
• May 23, 2011

• You Can Decline Unreasonable Request in Respectful Way

DEAR ROZE: I decided to terminate one of my contracts before it was supposed to end because my relationship with the company's head honcho had deteriorated beyond repair. I'm an independent contractor and my fees, which were agreed upon in a written contract signed by both of us, became an issue for her. She wanted to decrease my hourly rate, but I had already given her a break when she initially contracted my services. Instead of being professional about it, she started sending me e- mails criticizing my performance . She hired a full-time employee who was told he would perform only administrative functions, but she gave him some of the work I was contracted to do. So even though my hourly rate stayed the same, she decreased my income by having this new guy do some of my work.

• The Virginian-Pilot and The Ledger-Star, Norfolk, VA
• August 08, 2010

• MAXIMUS Awarded $20 Million Contract for Medicare ''Qualified Independent Contractor''.

RESTON, Va. -- MAXIMUS (NYSE:MMS) announced today that it has been awarded a three-year, $20 million contract from the U.S. Department of Health and H...

• Business Wire
• March 10, 2005

• Consider Jesse Ventura's Take On Mcmahon?

In the barrage of ads from U.S. Senate candidate Linda McMahon, one particular radio spot caught my attention. It's an endorsement from actor John Ratzenberger, who made a name for himself playing the mailman on the TV show "Cheers." How ironic that a personality so strongly identified as a regular working guy is on the airwaves on behalf of McMahon. Her record as the CEO of WWE wasn't pro- worker. More telling is what Jesse Ventura, a former wrestler and governor, said about McMahon, his old boss, said in a recent interview: "There's no unions, no health care and everybody is ... an independent contractor. ... Yet I have to sign an exclusivity contract. I can't work for anyone else. They get around paying Social Security. Why does the government let them off the hook?

• New Haven Register
• October 30, 2010

• U.S. District Court Finds Supplier to Be Independent Contractor

Was the co-defendant an agent or an independent contractor of the defendant? Was there sufficient evidence to support counterclaims for breach of contract and intentional or negligent misrepresentation? Upon the summary judgment motions brought by the plaintiff and the two defendants, these were just a few of the issues that the U.S. District Court for the Western District of New York addressed in Paul T. Freund Corp. v. Commonwealth Packaging Co., Victoria's Secret Stores, Inc.; Victoria's Secret Stores, Inc. v. Paul T. Freund Corp.

• Daily Record (Rochester, NY)
• February 03, 2004

• Cracking the classification conundrum: Overseas independent contractor or de facto employee? That's the often difficult choice many multinational employers have to make in determining whether to bring new workers onboard or rely on outside contractors from afar.

A human resources professional posted a query on an Internet HR bulletin board that asked: "Our company is looking to have independent contractors rat...

• Financial Executive
• Vol. 27 Nbr. 10, December 2011