Driver Contracts
- Thread starter fortwayne
- Start date
greg334
Veteran Expediter
FW,
I would seriously recommend that even if you get copies of other contracts, go get a lawyer and pay him/her to form a contract for your needs. Every contract should be tailored to the owner's needs and requirements based on the company that you are contracted to.
I know many would say otherwise what I just said but remember that just because you or I or who ever thinks that the contract is watertight, there is some ambulance chaser who can rip the contract apart and make you pay.
Spend the $750 to get it right, get a summary of the contract to show your potential driver and understand this is about business not being cheap.
I would seriously recommend that even if you get copies of other contracts, go get a lawyer and pay him/her to form a contract for your needs. Every contract should be tailored to the owner's needs and requirements based on the company that you are contracted to.
I know many would say otherwise what I just said but remember that just because you or I or who ever thinks that the contract is watertight, there is some ambulance chaser who can rip the contract apart and make you pay.
Spend the $750 to get it right, get a summary of the contract to show your potential driver and understand this is about business not being cheap.
Do not consider any of them to be usable as you receive them, they are just checklists, outlines or whatever. Definitely take the ideas you get and then make your own checklist of what you want in your contract. Take that to a lawyer and have him translate it to goble-d-gook so it will pass muster.
Leo Bricker, 73's K5LDB
OOIDA Life Member 677319, JOIN NOW
Owner, Panther trucks 5508, 5509, 5641
EO Forum Moderator
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Support the entire Constitution, not just the parts you like.
Leo Bricker, 73's K5LDB
OOIDA Life Member 677319, JOIN NOW
Owner, Panther trucks 5508, 5509, 5641
EO Forum Moderator
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Support the entire Constitution, not just the parts you like.
tallcal101
Veteran Expediter
The only contract that really matters is the one that the IRS says is legal.If you get audited and maintain your drivers are independant contractors,the IRS will say prove it.
There are very stringent obligations on both sides that constitute a true independant contractor/owner relationship.All my van line drivers have such a status with the moving company I work for.The contract explains,in detail,the risk/investment the contractor is taking and making(it must be far more then just driving) and gets into their financial risk.There must be a significant financial risk to be legal(IRS legal)Otherwise it's just an employee who your not withholding taxes on.
1099 is becoming increasingly difficult to justify to the IRS if there is virtually no risk involved by the independant contractor.
Our current contract for our independant drivers that drive our equipment or their own is 20 pages long and goes deep into the risk factor.(insurance,fuel,tools equipment in the truck anything that constitutes assets)must be the contractors obligation.
Something to consider when you talk to your lawyer.Make sure it's a transportation lawyer,or at least someone with transportation experience.
There are very stringent obligations on both sides that constitute a true independant contractor/owner relationship.All my van line drivers have such a status with the moving company I work for.The contract explains,in detail,the risk/investment the contractor is taking and making(it must be far more then just driving) and gets into their financial risk.There must be a significant financial risk to be legal(IRS legal)Otherwise it's just an employee who your not withholding taxes on.
1099 is becoming increasingly difficult to justify to the IRS if there is virtually no risk involved by the independant contractor.
Our current contract for our independant drivers that drive our equipment or their own is 20 pages long and goes deep into the risk factor.(insurance,fuel,tools equipment in the truck anything that constitutes assets)must be the contractors obligation.
Something to consider when you talk to your lawyer.Make sure it's a transportation lawyer,or at least someone with transportation experience.
buckeyewildman
Seasoned Expediter
just wondering did anyone think on why fortwayne wanted to see contracts call me an old wonder butt but the first couple of posts were wonderful advice but yet all he could say was help maybe he wants to see if he can hold or hide someones truck legally
greg334
Veteran Expediter
I think that he may be fishing for something here but it don't matter - he didn't answer.
The advice we gave is valid and honest based on experience. If one would follow this advice and not get just copy something, then they are two steps ahead of the 'limit your liabilities' game. It really is about limiting you liabilities which is something people just don't get.
The advice we gave is valid and honest based on experience. If one would follow this advice and not get just copy something, then they are two steps ahead of the 'limit your liabilities' game. It really is about limiting you liabilities which is something people just don't get.