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HomeMy WebLinkAboutBuilding Permit # 1/3/2017 tyoarN BUILDING PERMIT of T�eu /690 TOWN OF NORTH ANDOVER APPLICATION FOR PLAN EXAMINATION `] V P �0 _ f Date Received Permit NO: aAreD cHus��y Date Issued: �1 IMPORTANT:Applicant must complete all items on this pagc PROPERTY OWNER .� ' c Pnr�t MAP NO PARCEL. ONING`DISTRICT. Historic pistrict es ri _ .. .. Y hop:Village yes Machine 5 r TYPE OF IMPROVEMENT PROPOSED USE Residential Non- Residential ❑ New Building KOne family XAddition ❑Two or more family ❑ Industrial Alteration No. of units: ❑ Commercial ❑ Repair, replacement ❑Assessory Bldg ❑ Others: ❑ Demolition ❑ Other Sepfi1G E Well ❑ Floodplain ❑Wetlands ❑ Watershed District `` ❑VllaterlSewe� CRIPTION OF WOR O B PREFORMED' PA Oki vrf Ly i6� o �v LeIrset Identification Please Type or Print Clearly) OWNER: Name: IU &�tV5' Phone: Address: 1 � L� � NTRACTOR Named Phone: CO _ f � Address. 5upprv�sor's Construction License:` _ ` Exp Date i �� � Home lmpro�ement License Exp. Date ARCH ITECTIENGINEER Phone: Address: Reg. No. FEE SCHEDULE:BULDING PERMIT. $92.00 PER$9000.00 OF THE TOTAL ESTIMATED COST BASED ON$925.00 PER S.F. Total Project Cost: $ q 1 5� FEE: $ 9761 Check No.: Receipt No.: NOTE: Persons contracting with unregistered contractors do not have access to the gua an f d ;Signature of Agent/Owner SP.f Ccl? Signature of contractor , Michael Livingston Production Department Manager mlivingston@blackdogbuilders.com Submitted ❑ Plar� ph:603.898°0868 1ped Plans ❑ c: 603.234.0594 fx: 603.898.0821 TYPE O SEWERAGE DISPOSAL 7 Red Roof Lane,Unit'1 Public Sewer ❑ Salern„NH 03079 r Well ❑ www.blackdogbuildet-s.com s Li Private(septic tank,etc. Permanent Dumpster on SiteLj Ll THE FOLLOWING SECTI OFFICE USE ONLY INTERDEPARTMENTAL SIS FF - U FOR _..._ GATE REJECTED DATE APPROVED PLANNING & DEVELOPMENT ❑ �' � °�� ��� COMMENTS CONSERVATION Reviewed on Si nature COMMENTS M HEALTH Reviewed on Sign ture COMMENTS Zor'jing Board of Appeals: Variance, Petition No: Zoning Decision/receipt submitted yes Planning Board Decision: Comments Conservation Decision: Comments_ -- ater& Sewer Connectionisi nature& Date nrivewaV Permit DPW TownEngineer: Signature: .______ - Located 384 Osgood Street FIDEPARTMENT - Temp Dumpster on site yes no Located at 124 Main Street ` Fir& epar mentJ ignatureldate COMMENTS Dimension Number of Stories: Total square feet of floor area, based on Exterior dimensions. Total land area, sq. ft.:_ ELECTRICAL: Movement of Meter location, mast or service drop requires approval of Electrical Inspector Yes No-- DANGER ZONE LITERATURE: Yes No MGL Chapter 166 Section 21 A—F and G min.$100-$1000 fine NOTES and DATA — (For qppart ment usq) UY\ U Notified for pickup - Date Doc.Building Permit Revised 2008 Enter construction cost for fee cal - North Andover Fee Calcu anion i Construction Cast Ak i 2299200.00 m % $ 2,750.40 Plumbing Fee $ 343.80 $ 100 00 Gas Fee 100 comm. $ 343.80 Electrical Fee $ 3,538.00 Total fees collected 38 He atica Drive 681-2017o 12/29/2016 Single Family home I i i 1 Enter construction cost for fee cal - North Andover Fee Calculation Construction Cost $ 2,750.40 1 Plumbing Fee $ 343.80 Gas Fee 100 comm. $ 100.00 Electrical Fee $ 343.80 Total fees collected $ 3,538.00 36 He atica Drive 680-2017 on 12/29/16 Single Family home i I t i 1 i NORTH Town of � TAndover. ® .>1. No. , h ver, Mass . 32 o ' A— tocn�cnewIcK � 7�pp�R='ED s � BOARD OF HEALTH Food/Kitchen PERMIT T LD Septic System THIS CERTIFIES THAT ....... ... o. .. �F&.... .. ... .. .. � BUDDING INSPECTOR ..... _­ has permission to erect .£ ' .,.. ,r ... ... �N� Foundation p �.......................... buildings on ...........�. .,......, Rough to be occupied as . ... .. ......,. �.. .. ........ .,..�` �.... N'. Chimney provided that the person accepting this permit shall in every respect conform to the terms of the application Final on file in this office, and to the provisions of the Codes and By-Laws relating to the Inspection,Alteration and Construction of Buildings in the Town of North Andover. PLUMBING INSPECTOR VIOLATION of the Zoning or Building Regulations Voids this Permit. Rough Final PERMIT EXPIRES IN 6 MONTHS ELECTRICAL INSPECTOR UNLESS CONSTRUCT, STA Rough Service ........ .. ......... .. . .. ......................... Final BUILDING INSPECTOR GAS INSPECTOR Occupancy Permit Required to Occupy Building Rou'gh Display in a Conspicuous Place on the Premises — Do Not Remove Fina' No Lathing or Dry Wall To Be Done FIRE DEPARTMENT Until Inspected and Approved by the Building Inspector. Burner Street No. Smoke Det. The Commonwealth of Massachusetts Department of lndusfrialAccldents a Office ofInvestigations 600 Washington Street Boston,MA 02111 s� www.massgovlydia 'W'orkers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Alicant Ilnformation please Print Legibly NaMe(73usiness/Organization/Individural): I'trjC r\d p� -2)i � deLl Address: u4nt City/State/Zip: JGll1�I A,� Phone#: Ldp q9 ~- O 041 Are you an employer?Check the appropriate box: Type of project(required}: 1..� am a employer with �-r-/ 4. ❑ T am a general cantractox and) employees(hall and/or—part—Stame),* have hired the sub-contractors 6 ❑New construction 2.❑ I am a sole proprietor or partner- listed on the attached sh%et. 7• ®Remodeling ship and have no employees These sub-contractors have 8. ❑1]emblition working for ane in any rapacity. workers'camp.insurance. 9, Building addition [No workers' comp.insurance 5. ❑ We are a corporation and its u required.] nifzcers have exercised their 10.❑Electrical repairs or additions 3.❑ I am a homeowner doing all work right of exemption per MGL 11.❑Plumbing repairs or additions myself [Na workers' camp. c. 152,§1(4),and we have no 12.❑Roof repairs insurance required.]f employees. [No workers' comp,insurance required.) I3.0 Other Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information. T Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. Contractors that check this box must attached an additional sheet showing the name of the sub-contractors and(heir workers'camp.policy information. I am an employer ilial is providing workers'compensation insurance for my employees. Below is the policy and job site information. Insuranco Company Name: Xj Policy#or Self-ins.Lic.#• J t'0,1 _. II .. _ Expiration Date: Job Site Address: ��i L� l C�iaaL , / ` v�� /✓� City/StatelZip: ��'✓'d / D/o) Attach a copy of the workers'compensation policy declaration page(showing the policy number and expiration elate). Failure to secure coverage as required uhder Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORTS ORDER and a fine of up to$250.00 a day against the violator. Bo advised that a copy of this statement may be forwarded to the Office of [nvestigations of the DIA for insurance coverage verification, rdo hereby certify nder fl epain n penalfies ofperjury that the inforniation provided above is true and correct. ton ture: /� �c�c� Date:#: d D ! Official use only. Do not write in this area,to he completer)by city or town official. City or Town: PermitlLicense# Issuing Authority(circle one): 1.Board of health 2.Building Department 3.City/Tg vn Clerk 4.Electrical Inspector 5.Plumbing Inspector '; 6. Other THE NFERS NO TE THS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY TEND OR ALTER TIRE COVERAGE A FORDEDABY FHEDPOLIC EIS GHTS UPON CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED,the policy(les) must be endorsed. If SUBROGATION IS WAIVED,subject to require an endorsement. A statement on this certificate does not confer rights to the the terms and conditions of the policy, certain policies may certificate holder In lieu of such endorsement s. coNTAcr PRODUCER Phone:603-424-9901 NAME: PAX l. Brown&Brown(Merrimack) Fax:866-848-1223 AIC No Ext: Arc No 309 Daniel Webster Highway E-MAIL Merrimack,NH 03054 ADDRESS: Chris McPhail INSURE 5 AFFORDING GOVERAGE NAIL k 18333 i 1NsuRERA:Peeriess indemnity Ins Co I s Indemnity Ins Co 18333 INSURED Blackdog Builders, Inc, 1NsuR1=RB:Peerles Blackdog Builders INSURER C Investment Holdings,LLC Total Bsmnt Finishing Systems SURER 1) 7 Red Roof Lane Unit#1 INSURER E Salem,NH 03079-2984 INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAIR CLAIMS. tlDL UER 70710112016 Y EFF POLICY EXP LIMITS ILS TYPE OF INSURANCE POLICY NUMBERDIYYYY MMIDDlYYYY 1,DOO,000 EACH OCCURRENCE $ GENERAL LIABILITY D A TO N 300,000 BKSBSS11614 07/01/2017 PREMISES Ea occurrence $ A X COMMERCIAL GENERAL LIABILITY 15,00 CLA€MS MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ 1,000,000 V GENERAL AGGREGATE $ Z,DOO,QOO PRODUCTS-COMPIOPAGG $ 2,000,000 i GEN'LAGGREGATE LIMIT APPLIES PER: $ POLICY PRO LOC COMBINED OSINGLE€.IMIT $ 1,000,000 AUTOMOBILE LIABILITY A X ANY AUTO BAS65511614 0710112016 07/0112017 BODILY INJURY(Per person) $ ALLOWNED X SCDULI D BODILY INJURY(Per accident) $ AUTOS AU THEOS PROPERTY DAMAGE $ NON-OWNED Per accident X HIRED AUTOS X AUTOS $ EACH OCCURRENCE $ 1,000,000 X UMBRELLA L€AB X OCCUR B EXCESS LIAS CLAIMS-MADE USO55511514 07!01!2016 07101/2017 AGGREGATE $ DFD X RE;EN3ION$ 10000 WCSTATU- OTH- WORKERS COMPENSATION Y L E AND EMPLOYERS'LIABILITYY N XWO55511514 0710112016 0710112017 E.L.EACH ACCIDENT $ 500,000 B ANY PROPRIETORIPARTNERIEXECUTIVE NIA500,000 OFFICER/MEMSER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ (Mandatory In NH) 500,000 If yes,describe under E-L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS below 0710112016 07101/2017 Property 272,041 A Property Coverage BKS55511514 Deductibl 2,500 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) *David Bryan, is excluded from 'Worker's Compensation coverage. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF', NOTICE WILL BE DELIVERED IN The Town of North Andover ACCORDANCE WITH THE POLICY PROVISIONS, 120 Main Street North Andover,MA 01845 AUTHORIZED REPRESENTATIVE PIwPIWI ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD BLACK-1 OP ID: BB DATE(MMIDD/YYYY) CERTIFICATE OF LIABILITY iNSURANCEj 07107/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT: If the�certif��Bt��ol�10r is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, curtain policies may require an endorsement. A statement on this certificate does not confer rights to the Certificate holder in lieu of such endorsemeritis). CONTACT PRODUCER FFIOne: 'a�3424­9901_NAME: Brown&Brown(Merrimack) PHONE FA 309 Daniel Webster Highway Fax:866-843-1223_jA/CNo,ffXW._ E-MAIL Merrimack,NH 03064 A40—RE�S. Chris McPhail INSURER(§I�r 9RIDINq,qOVER�MGE., ACitL_ INSURER A:Peerless Indern n(LjnsCO 18333 INSURED Blackdog Builders, Inc, INSURER B:Peerless IndemniVns Co 18333 Blackdog Builders I SURER C Investment Holdings,LLC Total Bsrnnt Finishing Systems INSURER D 7 Red Roof Lane Unit#1 INSURER E: Salem,NH 03079-2984 INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFF POLICY EXP Ask XUDL I, LIMITS LTR TYPE OF INSURANCE POLICY NUMBER MIDDIYYYYIM EACH OCCURRENCE $ 1,000,000 NERAL LIABILITY BKS55511514 07101/2016 07/01/2017 PREMISES(EAoccuqenceL NAVAUE TO-ROTTF07"' $ 300,000 A X COMMERCIAL GENERAL LIABILITY MED EXP(Any one Person) 16,000 CLAIMS-MADE F*1 OCCUR ­­.—1,.000,,,.,_100.000,-0 1 00 PERSONAL.&ADV INJURY GENERAL AGGREGATE 2,000,000 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $ PR $ 0 POLICY D jECj D LOC COMBINED SINGLE LIMIT $ 1,000,000 AUTOMOBILE LIABILITY Eapocident)— A X ANY AUTO BAS55611514 07101/2016 07101/2017 BODILY INJURY(per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS _X_ AUTOS PROPERTY DAMAGE $ NON-OWNED SPer acciden HIRED AUTOS X AUTOS EACH OCCURRENCE $ 1,000,000 X UMBRELLA LIAB, X OCCUR USO66511514 07/01/2016 07/0`112017 AGGREGATE $ B EXCESS LIAB CLAIMS-MADE �900 U,L"C")1�x' E FE A'U1 OTH L1N T I $ 10000 WC S Ta -WORK,ERS COMPENSATION R LMj_r5 Y AND EMPLOYERS'LIABILITY YIN $ 600,000 XWO55511514 07/01/2016 07/0112017 E L EACH ACCIDENT B ANY PROPRLETOR/PARI NFRIEXECUTIVE Dy N/A 500,000 OFFICER/MEME3ER EXCLUDED? E L.DISEASE-EA EMPL.OYEfj_L_ (mandatory in NH) If -s describe under E.L.DISEASE-POLICY LIMIT 600,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) *David Bryan is excluded from Worker's Compensation coverage. CERTIFICAT HOLDVACANCELLATION " SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Informational Purposes Only ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE .......... Q 1988-2010 ACORD CORPORATION. All rights reserved. 111111 );z ignininni The ACORD name and logo are registered marks of ACORD 11131i I nil Massachusetts-Department of Public Safety ward of Buiidiing Regu;at;ons and Standards --.--_ —.:_--, Restricted-One-and two-family dwellings or any l.Vll?Ll uiilll Yl 7u]rel vl?111 1 4]t L i'aillrl� �nrna License: GSFA-075668 accessory building thereto,iffespective of size. `\". 57 KOOK RD Auburn NK 03032 r ' 1 � Expiration Failure to possess a current edition of the Massachusetts Commissioner 04/29/2017 State 13uilding Code is cause for revocation of this license. For DPS Licensing information visit: www.Mass.Gov/DPS r''%/r`fr rvuinr+nnrrr�/�c�r'�lri,�s�rr�nlr/%, Office of consumer Affairs&Business Regulation r ylpE IMPROVEMENT CONTRACTTy e• License or registration valid for individual use only Registration: 1851$3 before the expiration date. If found return to: Expiration: 5/9/2018 Corporation Office of Consumer Affairs and Business Regulation BLACK DOG BUILDERS, INC. 16 Park Pla;Valid 5170 DBA TOTAL BASEMENT FINISHING ]Boston,MA DAVID BRYAN 7 RED ROOF L.N. SALEM,NH 03L179 Undersecretary N ' gnature Section of the uontract/ Proposal for Ted Lewis and Susan Sabia Business Conditions Contract Proposal—Page 3 of 29 08/16/2016 BUSINESS CONDITIONS TO THIS d CONSTRUCTION CONTRACT This Contract, dated 08/13/2016 is by and between: Ted Lewis and Susan Sabia 92 Bridges Lane North Andover, MA 01845 Blackdog project code LEWIS-16731 (hereafter referred to as OWNER), and Blackdog Builders, Inc. 7 Redroof Lane, Unit#1 Salem, NH 03079 (603) 898-0868 (Hereafter referred to as CONTRACTOR). Work will be performed at: 92 Bridges Lane, North Andover, MA 01845 (Hereafter referred to as PROPERTY) 1. rENERAL This CONTRACT is for the following work and materials to be performed by the CONTRACTOR on the PROPERTY address shown above. The project is generally described as follows: Whale house renovation (Hereafter referred to as WORK) The CONTRACT consists of this document, any plans, the specifications, the Blackdog client package and the Construction Contract. (Hereafter collectively referred to as the"CONTRACT") 2. PRICE The total price for the WORK agreed upon is$229,745.59. Payment terms are set out below in Paragraph 6. This proposal may be withdrawn by us if not accepted within thirty (30) days. 3. STARTING AND SUBSTANTIAL COMPLETION PROVlSiON0 The WORK will begin on approximately 9/2016 and will be substantially completed, on 1/2017, absent unusual or unforeseen circumstances beyond the control of the CONTRACTOR, and providing this CONTRACT and any related CONTRACT documents are accepted when presented. Projects requiring two contracts (one for construction work and one for bath or kitchen product)will not be slotted into the schedule until both agreements have been executed. The aforementioned dates reflect our present workload. Projects are assigned a slot in our work schedule as they are accepted, on a first come first served basis. These dates may move based on the completion time of the project that immediately preceded yours. 4, PERMITS AND APPLICABLE CODES' COMPLIANCE WITH LOCAL LAW All work to be done under this CONTRACT will be in accordance with local, state and county building code. The CONTRACTOR shall obtain all necessary permits and pay all required permit and plan fees from the CONTRACT sure, unless otherwise agreed. The CONTRACT price does not include any fees, which may be incurred to obtain a variance, if required. The CONTRACT price does not include any unbid items required by any local building official to bring the project into compliance with any relevant local, state and county building code. 5. SPECIFIC REQUIREMENTS FOR MATERIALS AND WORKMANSHIP Contract Proposal—Page 4 of 29 08/16/2.016 the CONTRACTOR in a good and workmanlike manner, using quality a. This CONTRACT will be completed by materials. b. If applicable, the CONTRACT price includes the following allowances: See allowances under specifications. 6. PAYMENT a. Timely payment by the OWNER of all sums due under this CONTRACT is of the essence to this CONTRACT. The parties agree to the following schedule of payments: Deposit with this contract: $34,461.84 b. payment Schedule $22,285.00 Start of footings $22,285.00 Start of framing $22,285.00 Start of window installation $22,285.00 Start of electrical or plumbing trim $22,285.00 Start of electrical rough-in $22,285.00 Start of drywall hanging $22,285.00 Start of trim $22,285.00 Start of floor covering $g 689,00 Substantial Completion $5,814.75 Completion of Punch twist 3'. c. Allowances for Owner Selected Components $2,570.00 Closet Systems $3,075.00 Carpet d. The CONTRACTOR may cease operations if any payment is not made by the OWNER as required herein, and proceed to collect any balance due through any remedy provided by law. Payments are due when the aforementioned progress milestones have been reached. it is understood that minor adjustments to the payments schedule may be necessary due to the flow of work or delays beyond the control of the CONTRACTOR. e. Delays in payment in excess of thirty (30) days shall be subject to interest charges of 18% per annum, and no event higher than the maximum interest rate provided by law. If the CONTRACTOR is required to engage the to services of a collection agency or an attorney, the OW oEa order collectrthe reimburse balance.TRACTOR for any ees reasonable attorney's fees and expenses expend f. DEFINITIONS Substantially complete -The space or project is substantially complete when the space or project can be used for its intended purpose and only punch list items remain. Punch list-Work or product that has not been performed or provided. Warranty item -A product or service that has been provided or performed that does not meet or exceed industry standards. THESE CONDITIONS MUST BE ACCOMPANIED BY THE CONSTRUCTION CONTRACT Contract Proposal—Page 5 of 29 08/16/2016 Section II uonsticrtion Contract of the Contract/ Proposal for Ted Lewis and Susan Sabia CONSTRUCTION CONTRACT This Contact is by and between: Ted Lewis and Susan Sabia hereafter referred to as "OWNER", and pi 845 datd Builders.08/13/2016. This CONTRACT as"CONTRACTOR" for work at 92 Bridges Lane, North Andover, M consists of this document, any plans, the Specifications and Business Terms that are enclosed and the Blackdog Builders Client Package. (Hereafter collectively referred to as the"CONTRACT") 1. CONTRACTOR'S DUTIES--GENERAL a. To direct and control the work contracted for in accordance with the terms of this CONTRACT and all applicable codes, laws, and regulations, and as the building permits issued for this project, if any, require. b. To inspect the Site, examinesellections, if any, and ted by CONTRACTOR,supervise all of CONTRACTOR'S employees, and to direct the work fall subcdntractors c. To maintain the work site in a safe and clean condition, to the extent consistent with the CONTRACT. d. To advise the OWNER promptly if concealed conditions are asceained which require additional or different work, and to proceed in such event in accordance with this CONTRACT. e. To provide locked storage for any equipment, tools, or other PROPERTY used in the performance of this CONTRACT, unless otherwise agreed in writing. 2. OWNER'S DUTIES --GENERAL a. To provide adequate utilities for the work agreed upon. b. To advise the CONTRACTOR of any condition of the PROPERTY which affects CONTRACTOR's ability to perform. c. To provide secure storage areas for materials delivered to the work site. d. OWNER shall be entitled to make periodic inspections of the work site, provided such inspections do not interfere with the work and can, in the judgment of the CONTRACTOR, be made safely. Any other entry onto the construction site shall be at OWNER's risk. e. OWNER shall notify his insurance agcessary riders to ent of the execution overage agreement such s builders obtain ri k,ytoecoverr OWNER's his current coverage or any locally customary forms of coverage,, interests and liabilities during the construction process. #. To perform no work on the project without a written agreement with the CONTRACTOR. g. To make no agreements with any trades person, subcontractor, or CONTRACTOR'S employees outside the scope of this CONTRACT without the written consent of the CONTRACTOR. 3. MATERIAL SUBSTITUTION CONTRACTOR reserves the right to substitute other materials, products and/or labor of equal or superior quality, utility, or similar color. DELAY of the CONTRACTOR shall not be responsible for delays caused bybeyond regulations and restrictions.including but not limited to. strikes, war, acts of God, riots, governmental caused by OWNER's failure to make o allowance( sr bed in Paragmaterials sraph aph 6) shall likewise be excusable delays ections or caused by the performance by CONTRACTOR of extras or necessary w { 5 INSURANCE CONTRACTOR agrees to maintain all necessary i CONTRACTOR nsurance to protagreesO W E sh II lcovlery for any occurrence arising from the performance of this Contra own ion and carry general liability insurance, and that all farms of insurance employees for worker's compensat referenced herein shall be with reputable companies licensed to do business in the state where the project is located. f. HIgDEN CONCEALED and UNFORESEEN CONDITIONS Contract Proposal—Page 7 of 29 08/16/2016 a. The parties agree that in the event CONTRACTOR discovers a hidden, concealed or unforeseen condition requiring an extra cost that they shall proceed as follows: The CONTRACTOR shall notify the OWNER verbally to expedite agreement as to any charge necessary to correct or cure such condition, and provide a written Work Order (as described in paragraph 7a) as soon as practicable. The parties must agree to such extra charges, or agree to a resolution method, or this CONTRACT may be cancelled by either of them. b. For purposes of this section, a "hidden, concealed and unforeseeable condition" shall mean a condition not readily observable to a prudent CONTRACTOR inspecting the subject PROPERTY for the purpose of performing this Contract. Examples of such conditions can include, but are not limited to; rot under siding; ledge below grade; pre-existing plumbing or electrical work not performed to code and pre-existing mold. c. Any change in the WORK required by building officials assigned to this project, including structural and/or any environmental hazards will be billed as an EXTRA charge to this CONTRACT and paid for by the OWNER as a Work Order.CONTRACTOR may cease operations if OWNER refuses to pay. 77.EXTRAS a. Any extra work or materials desired by the OWNER shall be agreed upon in writing and such extras shall become a part of this CONTRACT as if fully set forth herein. Unless otherwise agreed, extra work shall be paid for as performed. Failure of the OWNER to sign a Work Order shall not preclude recovery for any work performed by CONTRACTOR, and acceptance of said extra work or materials shall be presumed, unless there is written notice to the contrary. b. CONTRACTOR shall advise OWNER, at the time of agreement on an extra, as to any additional time required ka perform this CONTRACT. CONTRACTOR may cease operations if OWNER refuses to pay. ESCALATION CONTRACTOR reserves the right to pass on additional costs to OWNER resulting from the escalation of the cost of lumber or lumber byproducts, This cost may be passed on only, if after the CONTRACT is signed but before the construction commences, an increase in lumber costs is experienced. The CONTRACTOR must substantiate the change with evidence of the difference between lumber costs at the time of the CONTRACT and lumber costs at the time of construction. Only direct cost differences may be passed on, no allowances #or overhead and profit shall be included. Any additional costs will be collected per Work Order(as described in paragraph 7a.). 9. EXCESS MATERIALS ON SITE CONTRACTOR routinely stores extra materials on site to improve efficiency and reduce the likelihood of running out of stock in the middle of a task. Unless otherwise specified in writing all excess materials on site at the end of the project are the PROPERTY of CONTRACTOR. 1p. SUBCONTRACTORS _a CONTRACTOR shall select subcontractors as required to complete this CONTRACT. OWNER acknowledges that subcontractors will do various portions of the work. Any subcontractor selected by the CONTRACTOR shall have all requisite licenses for the work to be done by such subcontractor. b. It shall be the duty of the CONTRACTOR to use reasonable care in the selection of subcontractors. Absent ubcontractor, the selection of subcontractors shall be an exclusive right of objectionable performance by any s the CONTRACTOR. The CONTRACTOR shall require all subcontractors to have workman's compensation and liability insurance in force. c. CONTRACTOR agrees to be solely responsible for the completion of the work described herein regardless of the actions of any third party/subcontractor utilized by the CONTRACTOR. The CONTRACTOR further agrees to be solely responsible for all payments to all subcontractors for materials and labor under this agreement. 1 t. TERIVIiNATION AND CANCELLATION The CONTRACTOR may terminate and cancel this CONTRACT if any payment called for hereunder is not received as scheduled, provided that notice is given to the OWNER as provided below. Upon such termination, the CONTRACTOR shall have all remedies provided by law, including such lien rights as then apply. The OWNER may terminate this CONTRACT upon the following conditions: a. Failure of the CONTRACTOR, or his subcontractors, to pursue the work contracted for, absent excusable delay, as provided in Paragraph 4 above, for a continuous period of fourteen(I4)days, without a written agreement permitting same, such agreement may be satisfied by a single notation to this CONTRACT. b. Failure of the CONTRACTOR to rectify any condition for which building code enforcement authority has issued a citation of violation notice, within fourteen(14)days' notice of such violation, unlesWNER and contracSPrOosal Page n of 29 08/1612016 CONTRACTOR otherwise agree. C. Any other failure to perform this CONTRACT required by the terms of this CONTRACT. d. No termination shall be effective unless 10 days written notice of OWNER'S intent is given as required below, during which time the default may be cured by the CONTRACTOR. e. Deposit monies - Cancellation of this CONTRACT prior to the commencement of work shall result in theilected. Al1 ee that forfeiture f any and all deposit moniesco OR shall sulffee dasmages its in°luding bubnot liare nn-refundale. �mitedrto the coies ot as ociat d upon such cancellation, the CONTRACT with designing and preparing the project for commencement. f. You may cancel this agreement by observing the requirements f The Notice of Cancellation attached hereto. 12. DISPUTE RESOLUTION If a dispute arises out of or is related to this Contract, or the breach thereof, the parties shall endeavor to settle the dispute first through direct discussions. If the dispute cannot be settled through direct discussions, the parties i agree the dispute shall be settled by arbitration as follows: New Ham shire Consumers: If the dispute with a New Hampshire customer cannot be settled through direct discussions, the parties agree the dispute shall be settled by arbitration administered by the A ericessann theltrarties agreefthat arbitration p oceeditngs Industry Arbitration Rules. 1n the event that arbitration is nec 1, p of shall be conducted by a mutually agreed upon arbitrator in Rockingham County, New Hampshire, If the parties cannot agree on an arbitrator, either party may file a written demand for� aaarbitration men{ronnthece waward mayith the sbe the American Arbitration Association. The arbitration award shall be j 9 entered in any court having jurisdiction thereof. This CONTRACT shall be governed and interpreted in accordance with the laws eement to of the State ies ackno f New Hampsh>re � Revrised Statut sl Annotated. Either edge that this rparty may, arbitrate shall be governed by Chapter 542 of the New Hampshire without waiving any remedy under this CONTRACT, seek from any court having jurisdiction any interim or imited to the provisional relief that is necessary to protect the rights or PROPERTY R Ya arising u t of or rty including to this but not (CONTRACT right to seek liens or attachment. The prevailing party in any p g or its breach that is resolved by a binding dispute resolution process shall be entitled to recover from the other es incurred by the prevailing party in connection with such party reasonable attorneys` fees, costs and expens dispute resolution process. Massachusetts Consumers: If a dispute with a Massachusetts customer cannot be thesettled ass chusetHomeimprovemen through direct discussions, Contraarties ctor agree the the Law dispute shall be settled by arbitration administered by (MGL.c142A). This law provides homeowners with the right to initiate an arbitration action (as an alternative to court action) if they have a dispute with a contractor. Thew{ a llomeowneght is not aintcourt unlesslboth parties orded to a nag agree to The contractor would have to resolve any dispute it has the following optional provision. This prnenit Couctorthe Law.contractor the same rights to arbitration as is afforded to the homeowner by the Home Improve that in the The CONTRACTOR and OWNER, residing in Massachusetts , hereby the CONTRIACTOR ly mayagree indvance submit the dispute tona the CONTRACTOR has a dispute concerning this CONTRACT, private arbitration firm approved by the Secretary of the Executive office of Consumer Affairs and Business Regulation and the OWNER shall be required to submit to such arbitration as provided in Massachusetts Laws, chapter, 142A. Either party may, without waiving any remedy under this CONTRACT, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or PROPERTY of that party, including but not limited to the right to seek liens or attachment. The prevailing party in any dispute arising out of or relating to this CONTRACT or its breach that is resolved by a binding dispute resolution process shall be entitled to recover from the other party reasonable attorneys' fees, costs and expenses incurred by the prevailing party in connection with such dispute resolution process. Consumers in Massachusetts shall be required to submit to such arbitration as provided in MGL c. 142A. Contract Proposal—Page 9 of 29 08116!2016 Ted Lewis abina lig nn Design Susan Sabia Blackdog Builders, Inc. parties Notice: The signature of the parties above constitutes an acks maedg a the right the goinitiate reement balte nativeetween edispute to alternative dispute resolution. Massachusetts consume y i resolution even where this section is not signed by the parties. g. Unless otherwise agreed in writing, CONTRACTOR shall continue the WORK and maintain the agreed work schedule during any dispute resolution proceedings. CONTRACTOR's obligation to continue to perform is conditioned upon OWNER's timely payments'in accordance with terms of this Contract. 13, ENVIRONMENTAL HAZARDS a. The CONTRACTOR is NOT responsible for the inspection, discovery, abatement or removal of any environmental hazard including, but not limited to: asbestos; mold; lead; radon; ground water or environmental pollution at the work site, unless specifically covered in the specifications. b. In the event that any hazardous material is discovered during the course of construction, the testing, abatement and/or removal shall be the sole responsibility of the OWNER. c. Any additional costs incurred on account of suspension of the construction or changes to the specifications due to a hazard or its removal are the responsibility of the OWNER and will be handled by a Work Order. d. In the event that work does not resume within 30 days of the stoppage, OWNER agrees to immediately pay the CONTRACTOR the pro-rated amount of the CONTRACT price applicable to work done up to that point pursuant to the Contract. WARS TY OWNER warrants that as of the date of this CONTRACT., (1)the PROPERTY{including the land, surface water,ground water, and improvements to the land) is, ands willcontinue za"hafree of all zardous waste" as defined byn, including (a)"oil, petroleum products,and their by-76, as ( ) Y the Resource Conservation and Recovery Act of 1976, as amended from time to time, and regulations promulgated thereunder; (c)any"'hazardous substance"rase���idnf omythe time to Comprehensive me, and r Environ Response, Compensation, and Liability Act of 1980, as a promulgated thereunder, specifically including asbestos and mold; and (d) any other"hazardous substance" (2)the PROPERTY is in compliance with all environmental laws and regulations; and (3) there are no underground tanks on the PROPERTY INDEMNITY OWNER expressly acknowledges and agrees that it will reimburse, defend, indemnify and hold harmless CONTRACTOR, all Sub-contractors, their successors, assigns and employees from and against any and all liabilities, claims, damages, penalties, expenditures, losses or charges (including, but not limited to, all costs of rmit investigation, monitoring, legal fees, remedial respons ad d assessedr or otherwise incugrredltionas he result of: now or in the future, be undertaken, sual, restoation or pe ffered, paid, awn (a) any contamination, existing in, on, above or under the PROPERTY (including, but not limited to, contaminated soil, mold, buildings, facilities and/or ground water); (b) any investigation, monitoring, clean up, removal, restoration, remedial response or remedial work undertaken on the PROPERTY; and (c) OWNER'S breach of any warranty given herein. 14. WARRANTIES a. The work of the CONTRACTOR, including all materials ow Iexpen ea co ectaanytdefectrarisingaffromtiis work years, during which period CONTRACTOR shall p n as set out in the Blackdog Builders Client Package. That package shall unless it is a non-warrantable conditio become a part of this CONTRACT as if fully set forth herein. b. Any and all warranties for appliances or mechanical systems shall be delivered to OWNER as the CONTRACTOR receives them. Owner agrees to hold manufacturers solely responsible for all warranties for appliances or mechanical systems and agrees that no action may be brought against the CONTRACTOR on this Contract as a result of manufactures warranties. Contract Proposal--Page 10 of 29 08/16/2016 c. The quality of any work in question will be held to the standards issued in the Residential Construction Performance Guidelines— Fourth Edition published by the NAHB. 15. SEVERABILITY If any portion of this agreement is found invalid or unenforceable by any court, the remaining provisions shall remain in force between the parties. 18. ENTIRE AGREEMENT Upon signing this document becomes a binding CONTRACT under law. Unless otherwise noted within this � document, this contract shall not imply that any lien or other security interest has been placed on the residence. This CONTRACT consists of the documents defined herein, and constitutes the entire agreement of the parties. It can be modified only by a written document. OWNER acknowledges that he has read and received a legible ore any work was done, and that he has read and received copy of this agreement signed by CONTRACTOR, bef a legible copy of every other document that OWNER has signed during the negotiation of this Contract.. 17.THREE DAY RIGHT TO CANCEL THIS CONTRACT You may cancel this agreement if it has been signed at a place other that the CONTRACTOR'S normal place of business, provided you notify the CONTRACTOR in writing by not later than midnight of the third business day following your signing of this agreement. See the notice of cancellation form attached hereto for an explanation of this right. 1a. massachusetts Home Im rovement Contractor Law MGL.c142A All home improvement contractorstsubcontractors working in the Commonwealth of Massachusetts must be licensed and registered by the Office of Consumer Affairs and Business Regulations. All inquiries concerning the CONTRACTOR should be transmitted to those offices. In Massachusetts Blackdog Builders, Inc. operates under License number CSO48847 and Registration number 106877. Federal Tax ID. Number 02-0477778. a. Massachusetts homeowners securing their own permits will be excluded from the Guaranty Fund provisions of MGL c. 142A. b. in Massachusetts the deposit shall not exceed 1/3 of the total contract price, or the cost of any special equipment or custom made material which must be special ordered in advance to meet the completion schedule, whichever is greater. PLEASE DO NOT SIGN THIS CONTRACT IF THERE ARE ANY BLANK SPACES Two identical copies of this contract must be completed and signed. One copy shalt go to the OWNER with the second copy being retained by the CONTRACTOR. NO WORK shall commence until this contract V is fully executed. 0 SUBMITTED: R � h _ DATE : S abina Seli n 0 ! ta1 � / Desicgne Slackdog Builders, Inc. ACCEPTED: CP DATE: V/ -C-b ' Ted Rawl DATE: Susan Sabia contract Proposal—Page 11 of 29 08/1612016 Blackdog Builders, Inc. Notice of Cancellation Received on this day: 08/13/2016 Ted Lewis and Susan Sabia You may cancel this transaction, without any penalty or obligation, within three business days of the aforementioned transaction date. If you cancel any property traded in, any payments made by you under the agreement, and any negotiable instruments executed by you will be returned within 10 business days following receipt by the CONTRACTOR of your cancellation notice. Any security interest arising out of the transaction will be cancelled. If you cancel, you must make available to the CONTRACTOR, at your residence, in substantially as good condition as when received, any goods delivered to you under this agreement. Alternatively you may comply with the instructions of the CONTRACTOR regarding the return shipment of goods at the CONTRACTOR's expense and risk. If you do make the goods available to the CONTRACTOR and the CONTRACTOR does not pick them up within twenty (20) days of your notice of cancellation, you may retain or dispose of the goods without further obligation. If you fail to make the goods available to the CONTRACTOR or you agree to return the goods to the CONTRACTOR and fail to do so, then you remain liable for performance of all obligations under the agreement. To cancel this transaction, mail or deliver a signed and dated copy of this Notice of Cancellation or any other written notice or send a telegram to: Blackdog Builders, Inc. 7 Redroof Lane, Unit#1 Salem, NM 03079 603 898-0868 Not later than midnight of which will be the third day after the aforementioned transaction date. I f�ereh cancel thus transaction. Ted Lewis and Susan Sabia Date 0 u u Contract Proposal—Page 29 of 29 is 08/16/2016