I have been reading horror stories about architect's hiring outside help and regretting how their contracts were written.
Does anyone have a sample contract they use for hiring temporary outside help? I am about to hire someone for a few months to assist in creating a CD set. Seems like a good guy, and we both agreed to signing a simple contract. We agreed on terms, just need to execute a signed agreement listing it all out. I just don't want to get screwed over so any advice or samples would be appreciated.
Are you located in the US? If so, what exactly do you mean by "hiring outside help"? i.e. are you looking for a short-term employment contract, or will this person be an independent contractor? (Will he be using any of your software or tools in his work on the CD set? Will he work on your premises? Will you have any authority over how he does the work, or over his hours? If the answer to any of those is yes then as far as the Department of Labor is concerned he's an employee, which means you need to pay worker's comp, unemployment insurance, and the employer's share of payroll taxes and SS, and any benefits that your state requires, such as accrued sick time. If he's an independent contractor then you need a different type of contract that spells out that relationship.)
Dec 19, 19 1:30 pm ·
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thisisnotmyname
Eeayeeyao is right. In the USA, you cannot make people come work in your office as independent contractors. Even for short term assignments. Look into the IRS definition of independent contractor versus employee. Many architects in the USA don't understand it and are breaking the law. Taking on an employee is not the end if the world. The employee-related paperwork on your part is very limited if you use a payroll service like ADP or Paychex to handle it for you.
Dec 19, 19 7:13 pm ·
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OneLostArchitect
I worked full time at a well known architect as a contract worker. Was in the office everyday getting a 1099 at the end of the year!
Dec 19, 19 9:48 pm ·
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thisisnotmyname
I did too. I did not know it was illegal at the time. Did the employer know? Maybe!
Dec 20, 19 10:04 am ·
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OneLostArchitect
Oh this individual knew. He was exploiting fresh out of university students. I knew it was illegal at the time... it was during the recession so I was just happy to have a job. I’m pretty sure he is still doing the same thing today.
I am a sole practitioner, licensed, in the united states. I just need drafting help for a few months. I am paying him hourly, and he will be an independent contractor.
Independent contractor vs employee is a thin line. Hourly pay may not be the best idea as it seems to be one step closer to crossing that line. Also, if you are paying for anything that requires a license without you, and he/she is “independent contractor” they are technically not under your direct control. Worst case you could inadvertently be aiding and abetting unlicensed practice by doing this.
Dec 20, 19 12:03 pm ·
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x-jla
You can hire another licensed firm with no issue. Essentially same way prime contractors do with licensed subs....
Dec 20, 19 12:05 pm ·
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x-jla
Basically just make sure the work is either under your control which would deem them an employee by irs standards, that the work doesn’t require a license, or that they are licensed and working under their own capacity without supervision.
Dec 20, 19 12:07 pm ·
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SpontaneousCombustion
jla-x: it depends on the state, but in many your second scenario doesn't work, unless the unsupervised licensed independent contractor stamps his own sheets. The OP makes it sound like the drafter is intended to be doing CAD work that will be incorporated into sheets that the OP is stamping and submitting as AOR. In that situation the OP needs to exercise responsible control (which in several states explicitly means the OP needs to physically be on the premises while the work is performed.) If he's not on the same premises directing the work then he can't stamp those drawings per some states' statutes - but if he's on the same premises directing the work then the drafter is an employee by DOL criteria, whether or not the drafter is licensed.
Dec 20, 19 3:26 pm ·
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x-jla
True.
Dec 20, 19 3:38 pm ·
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x-jla
In D-B its a real pain because I essentially have to sub to other firms who leave little room to make any money, or self build and hire employees whom are sitting around between jobs when I am in designer role. It’s a hard ball to juggle.
I will be stamping all the work and creating the filing set myself. I need this other person to draw up interior elevations, RCPS, schedules, door details, etc for the CD set. For the record though, he is also licensed.
He will be working out of his own place, with his own equipment. He would drop box the files to me. I would adjust them as needed.
Dec 20, 19 3:36 pm ·
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Non Sequitur
Is their software legally owned?
Dec 20, 19 3:44 pm ·
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lonnidb
I presume so. He has his own firm.
Dec 20, 19 3:46 pm ·
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lonnidb
I know that doesn't mean anything, but all I can do is ask and trust him.
Dec 20, 19 3:47 pm ·
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x-jla
Or do a joint venture with a minority share of the profits to him...easier imo and puts his skin in the game...idk.
Contract Sample for Hiring Freelance Drafter/Designer
I have been reading horror stories about architect's hiring outside help and regretting how their contracts were written.
Does anyone have a sample contract they use for hiring temporary outside help? I am about to hire someone for a few months to assist in creating a CD set. Seems like a good guy, and we both agreed to signing a simple contract. We agreed on terms, just need to execute a signed agreement listing it all out. I just don't want to get screwed over so any advice or samples would be appreciated.
Thank you.
If I may, are you an architect? If not what exactly is your relationship to the project the drafter would be working on?
Are you located in the US? If so, what exactly do you mean by "hiring outside help"? i.e. are you looking for a short-term employment contract, or will this person be an independent contractor? (Will he be using any of your software or tools in his work on the CD set? Will he work on your premises? Will you have any authority over how he does the work, or over his hours? If the answer to any of those is yes then as far as the Department of Labor is concerned he's an employee, which means you need to pay worker's comp, unemployment insurance, and the employer's share of payroll taxes and SS, and any benefits that your state requires, such as accrued sick time. If he's an independent contractor then you need a different type of contract that spells out that relationship.)
Eeayeeyao is right. In the USA, you cannot make people come work in your office as independent contractors. Even for short term assignments. Look into the IRS definition of independent contractor versus employee. Many architects in the USA don't understand it and are breaking the law. Taking on an employee is not the end if the world. The employee-related paperwork on your part is very limited if you use a payroll service like ADP or Paychex to handle it for you.
I worked full time at a well known architect as a contract worker. Was in the office everyday getting a 1099 at the end of the year!
I did too. I did not know it was illegal at the time. Did the employer know? Maybe!
Oh this individual knew. He was exploiting fresh out of university students. I knew it was illegal at the time... it was during the recession so I was just happy to have a job. I’m pretty sure he is still doing the same thing today.
I am a sole practitioner, licensed, in the united states. I just need drafting help for a few months. I am paying him hourly, and he will be an independent contractor.
Thanks.
study what your Uncle Sammy says here and rock on. https://www.irs.gov/newsroom/u...
Independent contractor vs employee is a thin line. Hourly pay may not be the best idea as it seems to be one step closer to crossing that line. Also, if you are paying for anything that requires a license without you, and he/she is “independent contractor” they are technically not under your direct control. Worst case you could inadvertently be aiding and abetting unlicensed practice by doing this.
You can hire another licensed firm with no issue. Essentially same way prime contractors do with licensed subs....
Basically just make sure the work is either under your control which would deem them an employee by irs standards, that the work doesn’t require a license, or that they are licensed and working under their own capacity without supervision.
jla-x: it depends on the state, but in many your second scenario doesn't work, unless the unsupervised licensed independent contractor stamps his own sheets. The OP makes it sound like the drafter is intended to be doing CAD work that will be incorporated into sheets that the OP is stamping and submitting as AOR. In that situation the OP needs to exercise responsible control (which in several states explicitly means the OP needs to physically be on the premises while the work is performed.) If he's not on the same premises directing the work then he can't stamp those drawings per some states' statutes - but if he's on the same premises directing the work then the drafter is an employee by DOL criteria, whether or not the drafter is licensed.
True.
In D-B its a real pain because I essentially have to sub to other firms who leave little room to make any money, or self build and hire employees whom are sitting around between jobs when I am in designer role. It’s a hard ball to juggle.
I will be stamping all the work and creating the filing set myself. I need this other person to draw up interior elevations, RCPS, schedules, door details, etc for the CD set. For the record though, he is also licensed.
He will be working out of his own place, with his own equipment. He would drop box the files to me. I would adjust them as needed.
Is their software legally owned?
I presume so. He has his own firm.
I know that doesn't mean anything, but all I can do is ask and trust him.
Or do a joint venture with a minority share of the profits to him...easier imo and puts his skin in the game...idk.
This is Rick of ARE Forum infamy. You haven't changed a bit.
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