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Instructions and Help about Subcontractor Agreement

Hi everyone I'm attorney Aiden Kramer with the law office of Aiden Kramer in Colorado and you're watching all up in your business in this episode of all up in your business I'm going to talk about independent contractor agreements an independent contractor is anybody who performs a service for your business who's not an employee so when I work with businesses as the attorney I am a contractor if I hire a bookkeeper to work for me but not as an employee than they're my contractor so regardless of the service that's going to be performed by the contractor it's always a great idea to have something in writing that describes your relationship with the contractor and so I'm gonna walk through some of the important terms that you want to make sure are clarified in your agreement with your contractor first off obviously the agreement needs to describe what the contractor is going to be doing what service is the contractor performing next again pretty obvious payment how much is the contract are going to make what are you paying them when are you going to be paying them you also want to clarify in the agreement who's paying for expenses let's say you're hiring a designer to design your website who's going to be paying for licensing expenses for photos or hosting fees next you want to make sure the agreement specifies who owns what and this is huge in an independent contractor relationship just by default when you work with an independent contractor the contractor owns whatever it is the contractor creates so that web designer technically owns your website that they've created for you unless the contract says otherwise unless the contract says that it's a work-for-hire or there's some other language in the contract saying that you are going to own what the contractor creates because without that language in there the contractor is going to have ownership of it and that might not be what you want non-disclosure or confidentiality clauses are often an important provision and an independent contractor agreement if the contractor is going to be exposed to confidential information about your business like client lists financial information if that's stuff that you don't want out there in the public than having a confidentiality or non-disclosure agreement in your contractor agreement is going to be important because it says that the contractor can't disclose that confidential information and then of course the term and termination of the contract how long is this contract going to be effective as the contractor going to work for you for a year and then the contract terminates or is it indefinite and under what circumstances can either of you terminate the agreement if the contractor messes up and you don't like the work you might want to be able to terminate the agreement or if you don't pay your contractor is gonna want to terminate it in that case - it's also a good.

FAQ

A client did not pay me for software work. What should I do? Can I e-mail his customers and let them know their accountant did this? Can I be sued for that?
Do not ever e-mail the clients. The scum bag will sue you.I am not reporting legal advice. I have had more than my fair share of troubles.One guy in Florida basically tried to turn me into his slave while I was there. Thatu2019s a long story. They were Jamaicans. It took a while for me to understand that they had gotten all of their money through Ponzi Scheme in Jamaica. And, they werenu2019t ever going to pay me, and they certainly werenu2019t going to give me traveling money to get back to my house. I would say that I lost my house because of getting tangled up with them. They kept me in Florida, and I could not come back to California to my house to find work and start making payments. When I got back, the bank started giving me the run around. Four years later and a law suit with the bank, they just simply took it. Once the house was in a state of foreclosure, there was no way to get back in good with the bank. I filled out a lot of modification forms, all of which resulted in a lovely note from the bank saying that I made too much money to be helped. The bank, and the Jamaicans played the system. Programmers tend to just program.By the way, the Jamaicans even conned Donald Trump.Suing them was suggested to me by the Dade County Sheriffs Department. But, I did not pursue the suit because of how much money that took. Also, there is the time factor.But, there are a lot of clients I should have sued. One couple wrote me a stock certificate for pay and then shut down their company. Another group of clients had their stuff on my host, but they refused to pay to move it to their host. They also refused to pay for hosting. When I couldnu2019t pay for the host anymore they called me and asked what happened to their content.There was a project that ended up successful. But, for a prototype I put in a timed shutdown, pending payment. I ended up having to pay for the disks to be copied. They took it out of my payment which they gave me before I fixed it. But, they also finished the project with me.So, be careful about shutting down the web site. The guy might sue over that even though he owes you money.There was another guy who was sure to be the next Steve Jobs, so he thought. His checks bounced regularly. He didnu2019t pay much. He picked up women in front of me at Apple conferences and acted like that mad him bigger than me. In the mean time, his wife was pregnant with his fourth child. She was not at home though, because she was down at the corporation making the family income. The guy sent his lawyer after me to make sure that I didnu2019t use any of his intellectual property.My father was a lawyer still at that time. (And, my father has long gone to his reward.) But, my dad simply had me write a letter to the guyu2019s lawyer telling him that I would be happy to discard his materials and ask if the guy would ever make his last installment after so many of his checks bounced. (They bounced at awkward times, like when I was taking a girl friend on a road trip to SF. And, the guy tried to make me feel guilty that I was spending some of the money he was supposed to pay having a nice day with a girl.)So, my dad simply made it clear to me that once the guyu2019s lawyer understood that he really had no money to pay for his legal fees, that the lawyer would sweetly go away. And, he did.So, you have a few cards in your hand. Do it yourself law (DIY law) might be enough. Small claims might work. His lawyer might sweetly go away.As for the Jamaicans, someone else sued them and likely won. I had difficulty finding a lawyer in Florida. California was a little easier. But, I certainly thought about talking to the lawyers of the guy who sued.So, likely someone else has sued your scumbag. They can do it again.
As the company, how do I correctly fill out a Stock Power as part of a stock purchase agreement?
The Stock Power in question evidently is an exhibit to a Stock Purchase Agreement by which the OP is purchasing restricted stock that is subject to forfeiture or repurchase by the company, entirely or in part, probably based on how long the OP continues to work with the company.Yes, just signing is the proper thing to do (from the companyu2019s perspective) because at this time it is not known whether, or to what extent, the OPu2019s shares will be subject to forfeiture or repurchase.So, if and when the time for forfeiture or repurchase arrives, the company will fill in the rest of the Stock Power to transfer the forfeited or repurchased shares to the company - you will keep the shares that have vested as of that time.For the OPu2019s comparison, and for the benefit of Quorans who are not familiar with such Stock Powers, here is the text of the instructions that I put at the bottom of a Stock Power:(Instruction: Please do not fill in any blanks other than signing at the signature line. The purpose of this Stock Power is to enable the Company to exercise its right to reacquire Restricted Shares in the circumstances provided in the Restricted Stock Agreement without requiring an additional signature by the Grantee.)
What does Richard Muller think of the US withdrawing from the Paris Agreement?
When Trump announced our withdrawal from the Paris Accords, I felt that he had done the right thing.Global warming is real, about 1.5u00b0C in the last 250 years, and it is caused by human emission of greenhouse gases. That is a scientific judgement that I will stand behind, based on my own work and on that of my colleagues in the non-profit BerkeleyEarth.org.But the Paris accords did almost nothing to stop the increase. Alas, most of that increase will come from China, India, and the developing world, not from the US or Western Europe. To be effective, anything we rich nations do must set an example that the developing world can follow. That means it must not be expensive, if it isnu2019t profitable, it isnu2019t sustainable.There are three things we need to do to slow and stop global warming:More extensive energy conservation.Encourage nuclear power. (For the last decade we are effectively telling the world that nuclear power is unsafe and has no reasonable way to dispose of waste.)Shale gas as an alternative to coal. A gas plant emits u00bd to u2153 the COu2082 of coal.Everything else is just frosting. We tend to do fashionable things without caring if it makes sense for the developing world. For example, electric cars, if used in China, would increase their COu2082 pollution (since 70% of their electricity derives from coal). And they canu2019t afford lithium ion autos, the $7500 subsidy for electric cars is for show only, it does not address global warming.The problem with the Paris treaty is that it was a political show with no teeth. Countries set their own limits, there is no outside verification. The developing world was enthusiastic in large part because the US had pledged to put $3 billion dollars per year in the sustainable development fund. (China had already indicated that it wanted some of this money to build coal power plants. Their argument was that with the funds they would build more efficient coal plants than they would otherwise build.)My fundamental argument against the Paris treaty is that it gave the illusion of progress, and such an illusion can be detrimental to real progress. Others say it was a small step in the right direction, but it was generally not portrayed that way. And the step was (in my opinion) exceedingly small, too small.The US needs to have truly workable programs to help the developing world take advantage of concepts in energy efficiency, and to make progress on shale gas and nuclear. On shale gas, at least we are setting a good example, but we need to help China develop its own resources (which are greater than those in the US). We need to set the right example in nuclear by showing that we consider it to be a clean and safe technology. Among other things, we need to make it possible to license 4th generation nuclear plants in the US, they cannot be currently licensed! And we need to make it known to the outside world that disposal of nuclear waste is not a challenge, but is a solved problem.
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