Independent Contractor Agreement

Brick Wall Surface Restoration

Rome, New York — Residential Property
Contract Version 1.0 Jurisdiction: New York State Target Work Period: May–June 2027
Plain English Statement of Purpose

This document is a legal contract between the property owner and the contractor. It describes exactly what work will be done, how it will be done, what materials will be used, when payment will be made, and what happens if something goes wrong. Both parties must read and understand this document before signing. If you do not understand any part of this contract, ask for clarification before you sign. Do not sign anything you do not understand.

This contract is written in plain English. It is a complete and legally binding agreement under the laws of New York State.

Article 1 The Parties to This Agreement
1.1 Owner. The property owner entering this contract is:
Full name:
Property address:
City, State, ZIP:
Phone:   Email:
1.2 Contractor. The independent contractor entering this contract is:
Full name:
Business name (if any):
Business address:
Phone:   Email:
NYS Contractor License Number:
License expiry date:
1.3 Relationship. The contractor is an independent contractor, not an employee of the owner. The contractor controls the method and means of performing all work. The owner specifies the result required, not the method of achieving it. The contractor is fully responsible for their own income taxes, self-employment tax, and all other tax obligations arising from this contract. The owner will not withhold taxes from any payment made under this contract.
1.4 Helpers. If the contractor uses any helper, assistant, or additional worker on this project, those persons are the sole responsibility of the contractor. They are not employees of the owner. The contractor must maintain valid workers' compensation coverage for any such persons before they set foot on the property.
Article 2 Scope of Work — What the Contractor Will Do
2.1 The Property. The work described in this contract applies to the exterior brick perimeter wall and, if the optional house exterior is included, the brick exterior of the main residence, both located at the address in Article 1.1.
2.2 Wall Condition. The wall is solid red brick construction, built approximately 1960. The foundation, capstone, and structural body are sound. The surface of the brick is eroding. Some mortar joints have failed and are cracked or loose. A small number of holes exist where brick faces have broken through to internal cavities. These conditions are confirmed. The contractor has inspected the wall prior to signing this contract and agrees that this description is accurate.
2.3 Work Stages. The contractor will complete all of the following stages, in sequence, at the property:
Stage Work Description Required Method
Stage 1 Repoint all failing mortar joints across the full wall surface Hydraulic lime mortar only. Rake out failing joints to minimum 15mm depth. Fill in correct lime mortar. No high Portland cement content.
Stage 2 Fill all cavity brick holes with lime mortar Install backing material (foam backer rod or galvanized wire mesh) before filling. Fill in layers of maximum 10mm each. Allow each layer to firm before applying next.
Stage 3 Cure period — no surface treatment during this time Minimum 7 days after completion of Stages 1 and 2. Keep repaired areas lightly damp for first 3–5 days to support lime cure.
Stage 4 Remove efflorescence from full wall surface Dilute white vinegar or citric acid solution. Scrub with natural bristle brush. Rinse thoroughly with clean water. Allow full drying — minimum 2 dry days — before Stage 5.
Stage 5 Apply penetrating consolidant to full wall surface Silane or ethyl silicate penetrating consolidant only. Vapor permeable. Minimum two coats, wet-on-wet. Apply by brush or low-pressure sprayer. Allow full cure per manufacturer specification before Stage 6.
Stage 6 Apply silane-siloxane breathable water repellent to full wall surface Silane-siloxane only. Vapor permeable. Non film-forming. Minimum two coats, wet-on-wet. Apply in cool, overcast conditions only. Temperature minimum 10°C. No rain within 48 hours of application.
2.4 Surface Areas. The perimeter wall surface area is approximately 3,000 square feet. This is the primary scope of this contract. The optional house exterior surface area is approximately 2,000 square feet. The house exterior is included in this contract: Yes ☐    No ☐ (check one at signing).
2.5 Exclusions. The following work is explicitly outside the scope of this contract: any demolition; any cement render or coating; any structural repair beyond selective brick replacement if newly discovered damage requires it (see clause 2.6); any work on interior surfaces; any landscaping or vegetation removal.
2.6 Newly Discovered Damage. If during the course of work the contractor identifies structural damage not visible or known at the time of signing, the contractor must stop work in the affected area and notify the owner in writing immediately. No additional work beyond the agreed scope may proceed without a written amendment to this contract signed by both parties.
2.7 Tools and Equipment. The contractor supplies all tools, equipment, scaffolding, and safety equipment necessary to complete this work. The owner supplies nothing except access to the property.
Article 3 Materials — What Will Be Used
3.1 Contractor Supplies All Materials. The contractor purchases and supplies all materials required to complete this contract. The owner does not purchase materials.
3.2 Approved Materials. The contractor agrees to use only the following categories of material. All specific products must have been named in the contractor's bid and confirmed in writing by the owner before purchase. The contractor agrees not to substitute any product without prior written agreement from the owner.
Repointing Mortar
Hydraulic lime and sharp sand. Ratio approximately 1 part hydraulic lime to 2.5 parts sharp sand. No high Portland cement. Product name confirmed:
Hole Fill Mortar
Same lime mortar mix as repointing. Applied in layers maximum 10mm each. Product name confirmed:
Consolidant
Silane or ethyl silicate penetrating consolidant. Vapor permeable as stated on product data sheet. Not film-forming. Product name confirmed:
Water Repellent
Silane-siloxane breathable water repellent. Vapor permeable. Penetrating. Not a waterproof barrier or coating. Product name confirmed:
3.3 Forbidden Materials. The contractor agrees not to use any of the following under any circumstances: acrylic sealers of any kind; cement render; film-forming waterproof coatings; elastomeric coatings; any product described as a waterproof barrier rather than a breathable water repellent. Use of any forbidden material is grounds for rejection of work and withholding of final payment until the work is corrected.
3.4 Product Verification. Before purchasing full quantities, the contractor will perform a test area absorption check on a small section of the wall. The contractor will inform the owner of the test result and the estimated material quantities required before ordering in full.
3.5 Product Containers. The contractor agrees to keep all product containers on site until the work is complete and the owner has had the opportunity to inspect them. This confirms that the products used match those specified.
Article 4 Timeline and Weather Conditions
4.1 Work Period. All work under this contract is to be completed between and 2027, unless otherwise agreed in writing by both parties.
4.2 Planned Schedule. The contractor proposes the following approximate schedule, subject to weather conditions: Stages 1 and 2 (mortar work): . Stages 4, 5, and 6 (surface treatment): .
4.3 Weather Conditions — Mortar Work. No mortar work (Stages 1 and 2) may proceed when the air or surface temperature is below 5°C, when frost is forecast within 48 hours, or when rain is falling. The contractor is responsible for monitoring conditions and making the decision to proceed or stop.
4.4 Weather Conditions — Surface Treatment. No consolidant or water repellent (Stages 5 and 6) may be applied when the air or surface temperature is below 10°C, when the wall is wet or damp, when rain is falling or forecast within 48 hours, or when the wall is in direct sunlight causing rapid surface drying. The contractor is responsible for scheduling treatment work in appropriate conditions.
4.5 Delays. If weather or other circumstances outside the contractor's control cause delays, the parties will agree in writing to a revised completion date. The owner will not withhold payment due to reasonable weather delays. The contractor will keep the owner informed of any delays promptly.
Article 5 Payment
5.1 Contract Price. The total agreed price for the perimeter wall scope (3,000 sq ft) is: $. If the house exterior scope is included, the additional price is: $. Total contract price: $. This is a fixed price. It does not change unless a written amendment is signed by both parties.
5.2 Payment Schedule.
Amount When Paid Condition
30% At contract signing Paid when both parties sign this contract. No work has begun yet.
40% After Stages 1 and 2 are complete Paid when repointing and hole filling are complete and inspected by the owner to a satisfactory standard. Owner has 3 business days to inspect and approve or raise concerns in writing.
30% At final completion Paid when all six stages are complete and the owner has inspected and accepted the work. Owner has 5 business days to inspect and approve or raise concerns in writing.
5.3 Method of Payment. Payment will be made by: (e.g. check, bank transfer). Payment will be issued within business days of the condition for each payment being met.
5.4 Tax Reporting. If the total payments under this contract reach or exceed $600, the owner will issue IRS Form 1099-NEC to the contractor after the end of the tax year. The contractor is responsible for all their own tax obligations. The owner withholds nothing.
5.5 Disputed Work. If the owner has a concern about the quality of completed work, the owner will state that concern in writing within the inspection period. The parties will discuss and attempt to resolve the concern within 7 days. If the contractor corrects the issue to the owner's reasonable satisfaction, payment proceeds. Payment may not be withheld indefinitely or for unreasonable reasons.
Article 6 Insurance and Safety
6.1 General Liability Insurance. The contractor holds and will maintain current general liability insurance with a minimum coverage of $ per occurrence. A certificate of insurance naming the owner as certificate holder has been provided to the owner before signing this contract.
6.2 Workers' Compensation. If the contractor uses any helper or additional worker on this project, the contractor holds and will maintain current workers' compensation insurance covering those persons. Proof of coverage will be provided to the owner before any helper begins work on the property.
6.3 Safety. The contractor is fully responsible for safety on the work site during all working hours. The contractor will follow all applicable New York State and federal safety regulations. The owner is not responsible for workplace injuries to the contractor or any helper.
6.4 Property Care. The contractor will take reasonable care to protect the owner's property during work. Any damage to the property caused by the contractor will be repaired or compensated by the contractor at no cost to the owner.
6.5 Site Access. The owner will provide reasonable access to the property during agreed working hours. Access arrangements will be confirmed between the parties before work begins.
Article 7 Legal Terms
7.1 Warranty. The contractor warrants that all work will be performed in a professional manner and will be free from defects in workmanship for a period of one year from the date of final completion. If defects in workmanship appear within this period, the contractor will return and correct them at no additional cost to the owner. This warranty does not cover damage caused by events outside the contractor's control, such as storms, floods, or vandalism.
7.2 Governing Law. This contract is governed by the laws of New York State. Any dispute that cannot be resolved by the parties directly will be handled in the courts of Oneida County, New York.
7.3 Dispute Resolution. Before either party takes any legal action, both parties agree to attempt to resolve any dispute by direct discussion. If direct discussion fails, both parties agree to attempt mediation through a neutral third party before proceeding to court. Each party pays their own costs in mediation.
7.4 Changes to This Contract. No change to this contract is valid unless it is written down and signed by both parties. A verbal agreement to change any term of this contract has no legal effect.
7.5 Termination by Owner. The owner may end this contract at any time by giving written notice to the contractor. If the owner terminates the contract after work has begun, the owner will pay the contractor a fair price for work satisfactorily completed up to the date of termination. The owner is not required to pay for work not yet performed.
7.6 Termination by Contractor. The contractor may end this contract by giving the owner 14 days written notice. The contractor will complete any stage that is already in progress before stopping. The owner will pay for all work satisfactorily completed. The contractor will return any portion of the first payment that corresponds to work not yet performed.
7.7 Entire Agreement. This document, together with the contractor's accepted bid and product data sheets, forms the complete agreement between the parties. No verbal promises, prior emails, or other documents form part of this agreement unless they are attached to this contract and signed by both parties.
7.8 Severability. If any clause of this contract is found to be unenforceable by a court, the remaining clauses remain in full force.
Note to Both Parties

This contract has been written in plain English to be as clear and fair as possible. Both parties are encouraged to seek independent legal advice before signing if they have any questions about their rights or obligations. Signing this contract means you have read it, understood it, and agree to all of its terms.

Signatures — Agreement by Both Parties

Owner
Signature
Printed Full Name
Date
Contractor
Signature
Printed Full Name
Business Name (if any)
NYS License Number
Date