independent contractor

Definition

Self-employed person (architect, consultant, engineer, etc.) who provides certain services to a second-party called the principal (or client or owner), or to a third-party on behalf of the client. An independent contractor is not under the control, guidance, or influence of the client and, unlike an employee, does not owe a fiduciary duty. The client neither deducts the payroll (or the withholding) taxes from payments to the independent contractor, nor contributes the employer's share. To be legally designated as an independent contractor, an individual must (1) be free from the control of the client, (2) be able to exercise his or her judgment as to the manner and methods to accomplish the end-result, and (3) be responsible for the end-result only under the terms of the contract. The client is not responsible to the third-party for the actions or torts (civil wrongs independent of contracts) of the independent contractor unless the client (explicitly or implicitly) has authorized them, or where the actions of the independent contractor are (more or less) controlled by the client.