Free North Dakota Independent Contractor Agreement Template

A North Dakota independent contractor agreement is a written contract for hiring a self-employed worker on a project. It covers the work, the price, and the timeline.

One thing to know up front: North Dakota assumes anyone you pay for work is your employee. A signed agreement helps show otherwise, but it rarely settles the question on its own.

North Dakota Century Code Section 65-01-03(1) presumes that each person performing services for another for remuneration is that person’s employee. Anyone claiming independent contractor status carries the burden of proving it.

The 20-Factor Test

Workforce Safety & Insurance applies the 20-factor common law test. North Dakota Administrative Code Section 92-01-02-49 lists all of them, and the agency puts particular weight on seven:

• Integration into the hiring business
• Working for more than one firm at a time
• A continuing relationship
• Services made available to the public
• Significant investment by the worker
• The right to dismiss or terminate services
• Realization of profit or loss

What Does Not Settle the Question

WSI addresses several common assumptions directly. For example, how a worker is paid is not among the 20 factors, so a Form 1099 proves nothing by itself.

Registering a business with the Secretary of State authenticates the business, but does not decide status. Likewise, an exemption certificate issued by another state does not transfer into North Dakota.

Most pointedly, a contract stating that a worker is an independent contractor does not control. Where WSI finds someone is an employee, that worker cannot sign away their rights under Title 65.

So a North Dakota independent contractor agreement works best as one exhibit among several, not as the whole case.

Through a formal review by WSI. The agency runs an independent contractor review process that examines how the relationship actually works. That review then decides the worker’s classification for workers’ compensation purposes.

A determination that someone need not be insured lasts no more than one year from the date they are notified. WSI also keeps continuing jurisdiction, which means it may reconsider or revoke a decision at any time. Timeframes and forms change, so contact Workforce Safety & Insurance for current details before you rely on a past determination.

To request a review, contact WSI and ask for an Independent Contractor Questionnaire.

The agreement is not filed with any agency. Signing makes it binding, and the supporting paperwork is what carries weight later.

1. Draft terms describing a specific result and an independent business.
2. Both parties sign and date the agreement.
3. Request a certificate of liability insurance from the contractor.
4. Ask for WSI’s certificate of payment or verification of non-employment.
5. Collect their Secretary of State registration and contractor’s licence where one applies.

Write terms that match the factors WSI actually weighs. A solid North Dakota independent contractor agreement addresses:

• Scope — the specific outcome, defined by result rather than hours
• Payment — the price, invoicing, and who absorbs cost overruns
• Equipment — whose tools, vehicles, and materials get used
• Independence — the contractor’s freedom to serve other clients
• Insurance — coverage the contractor maintains during the project

For borderline arrangements, a WSI review beats a guess. Meanwhile, a North Dakota attorney can help with anything the questionnaire does not settle.

Because the presumption starts against you, the paperwork you gather early is what protects the arrangement later. Build your agreement now and have it ready to sign today.