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HomeMy WebLinkAboutBuilding Permit #520 - 122 OLYMPIC LANE 2/19/2010 BUILDING PERMIT of p10RTFlt,r.o ,6gtio TOWN OF NORTH ANDOVER o? °�, APPLICATION FOR PLAN EXAMINATION 7D Permit NO:J Date Received 4 I ��SSACHUS'��y ' Date Issued: w IMPORTANT:Applicant must complete all items on this page LOCATION—' 122_ C�1 KAt . ccrt Print PROPERTY OWNERct, A � � aro`�czr� Print MAP NO:� PARCEL- 4 ZONING DISTRICT: Historic District yes o ; Machine ShopVillage g Yes ._ , o TYPE OF IMPROVEMENT PROPOSED USE Residential Non- Residential New Building One family Addition Two or more family Industrial Alteration No. of units: Commercial Repair, replacement Assessory Bldg Others: Demolition Other Septic,,, Well Floodplain WetlandsWatershed District Water/Sower DESCRIPTION OF WORK TO BE PREFORMED: Identification Please Type or Print Clearly) OWNER: Name: 5a�, <xr,,A be�6be__ Rogro►arN Phone:1?7g-682-57111 Address: 22 IN c ,sric,Phone:X178—q09 i 29';� CONTRACTOR Name: � 1e,.�r�cry Address: '-'- _300 Erick 1.r+an2 A 01310 Supervisor''s Construction License: CS 3351' 1 Exp. Date: 10 2$Z20/0 .Home Improvement License: g —Exp. Date: Owl �� ARCHITECT/ENGINEER Phone: I Address: Reg. No. FEE SCHEDULE:BOLDING PERMIT.$12.00 PER$1000.00 OF THE TOTAL ESTIMATED COST B SED ON$125.0?0 PER S.F. Total Project Cost: $ I �Q 2 FEE: $ Id Check No.: 3 3® Z-- Receipt No.: � NOTE: Persons contracting with unregistered contractors do not have access o he ua my fund atur e of A ent/Owner °' '�- ---•Si nature.of contract •�.. Plans Submitted Plans Waived Certified Plot Plan Stamped Plans TYPE OF SEWERAGE DISPOSAL Public Sewer Tanning/Massage/Body Art Swimming Pools Well Tobacco Sales Food Packaging/Sales Private(septic tank,etc. Permanent Dumpster on Site THE FOLLOWING SECTIONS FOR OFFICE USE ONLY INTERDEPARTMENTAL SIGN OFF - U FORM DATE REJECTED DATE APPROVED PLANNING & DEVELOPMENT COMMENTS CONSERVATION Reviewed on Signature COMMENTS HEALTH Reviewed on Signature t COMMENTS Zoning Board of Appeals: Variance, Petition No: Zoning Decision/receipt submitted yes Planning Board Decision: Comments Conservation Decision: Comments Water & Sewer Connection/Signature & Date Driveway Permit DPW Town.Engineer: Signature: Located 384 Osgood Street FIRE DEPARTMENT - Temp Dumpster on site yes no ,Located at=124°Main Street Fire Department signature/date o o COMMENTS X000 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 21A—F and G min.$100-$1000 fine I I NOTES and DATA— For department use) i i ❑ Notified for pickup - Date Doc.Building Permit Revised 2008 ••••• Building Department The following is a list of the required forms to be filled out for the appropriate permit to be obtained. Roofing, Siding, Interior Rehabilitation Permits ❑ Building Permit Application ❑ Workers Comp Affidavit ❑ Photo Copy Of H.I.C. And/Or C.S.L. Licenses ❑ Copy of Contract ❑ Floor Plan Or Proposed Interior Work ❑ Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit Addition Or Decks ❑ Building Permit Application ❑ Certified Surveyed Plot Plan ❑ Workers Comp Affidavit ❑ Photo Copy of H.I.C. And C.S.L. Licenses ❑ Copy.Of Contract ❑ Floor/Crossection/Elevation Plan Of Proposed Work With Sprinkler Plan And Hydraulic Calculations (If Applicable) ❑ Mass check Energy Compliance Report (If Applicable) ❑ Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit New Construction (Single and Two Family) ❑ Building Permit Application ❑ Certified Proposed Plot Plan ❑ Photo of H.I.C. And C.S.L. Licenses ❑ Workers Comp Affidavit ❑ Two Sets of Building Plans (One To Be Returned) to Include Sprinkler Plan And Hydraulic Calculations (If Applicable) ❑ Copy of Contract ❑ Mass check Energy Compliance Report ❑ Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit In all cases if a variance or special permit was required the Town Clerks office must stamp the decision from the Board of Appeals that the appeal period is over. The applicant must then get this recorded at the Registry of Deeds. One copy and proof of recording must be submitted with the building application Doc:INSPECTIONAL SERVICES DEPARTMENT:BPFORM07 0ovo Revised 2.2008 11 O QOI0 0000 Location/2,z— 4 No. Date &O oT#f TOWN OF NORTH ANDOVER ►0. •` • Cw p • ; Certificate of Occupancy $ roe Building/Frame Permit Fee $ MU Foundation Permit Fee $ Other Permit Fee $ TOTAL $ Check # E. 2281 1 Building Inspector liasaachusDellartment of Public Safer} Board rrf Building Re_ulation%and Standards Construction Supervisor cense License: CS 83511 Restricted to. 00 CHRISTOPHER J MATEY +4. 32 WASHINGTON AVE ANDOVER, MA 01810 Expiration: 10128/2010 .nwi.�iner Trtf: 4178 Board of Building Regulations and Standards - License or registration valid for individul use only HOME IMPROVEMENT CONTRACTOR before the expiration date. If found return to: _ Registration: 138132 Board of Building Regulations and Standards r Expiration: 2/20/2011 Tr# 279536 One Ashburton Place Rm 1301 Type: Private Corporation Boston,Ma.02108 RED APPLE RENOVATIONS, INC. CHRIS MATEY 32 WASHINGTON AVE. ti +J ` ANDOVER,MA 01810 Administrator Not valid without signature I'�I i \TV RED APPLE RENOVATIONS laowe re modelittgpi-ofesslonals Construction Contract This construction contract (the "Contract"), dated �4){D is by and between the following homeowner(s) and contractor: Homeowner(s): Debbie &John Haroian Property address 122 Olympic Circle City; State, Zip North Andover, MA 01845 Contractor: Red Apple Renovations, Inc. Representative: Chris Matey, President Street 300 Brickstone Square, Suite 201 Andover, MA 01810 Telephone 978.409.1293 Federal Identification Number: 56-2309042 Massachusetts License Numbers: Construction Supervisor CS 083511 Home Improvement 138132 1. GENERAL In consideration of the mutual promises contained herein, Contractor agrees to perform the following work: furnish all labor, materials, tools, equipment, and supervision to construct or renovate the Homeowner's residence according to this Contract and the following documents (collectively with this Contract, the "Contract Documents"). The project is generally described as remodel the kitchen;half bath and laundry area (the `Project"). The Contract consists of this document, Exhibit I - General Conditions, and Exhibit II - the Project. Change orders and modifications shall be in writing and shall become part of this Contract. 2. PRICE L4 LAo' The total projected price for the work agreed upon is $4 Payment terms are set out below in Paragraph 6. 3. STARTING AND SUBSTANTIAL COMPL T ON PROVISIONS The work will begin on r about 5 Id-:) 10 . The work will be substantially completed on or about C Page 1 The Commonwealth of Massachusetts Department of Industrial Accidents Office ofInvestigations 600 Washington Street Boston, MA 02111 www mass.gov/dia Workers' Compensation Insurance Affidavit: B,udders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name(Business/Organization/Individual): V"i �1� 1Ii Address: City/State/Zip: Phone#: --�U I 3 Are you an employer?Check the appropriate boa: 1 y[ I am a employer with 4. Type of project(required): _ ❑ I am a general contractor and I employees(full and/orpart-time).* have hired the sub-contractors 6. ❑New construction [2.❑ 1 am a sole proprietor or partner- listed on the attached sheet. $ ?• remodeling ship and have no employees These sub-contractors have 8. ❑Demolition working for me in any capacity. workers'comp.insurance. [No workers comp. insurance 5. 9. E]Building addition ' p ❑ We are a corporation and its required.] officers 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. [No workers'comp. c. 152,§1(4),and we have no insurance required.]t 12.❑Roof repairs Q ] employees. [No workers' comp.insurance required.] 13.❑ Other *Any applicant that checks box#1 must also fill out the section below sno`.'.i z their wo&en co 'on i info,,,-tion. '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 their workers'comp.policy information. I am an employer that is providing workers'compensation i information. nsurance for my employees Below is the policy and job site Insurance Company Name: Policy#or Self-ins.Lic.#: N C C S w '3� Expiration Date: Job Site Address: �O�pG [�( P Gi � City/State/Zip:10t Attach a copy of the workers'compensation policy declaration page(showing the policy number and expiration date). U�S Failure to secure coverage as required under 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 WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby ce nd th pa' s and penalties of perjury that the information provided above is true and correct Si ature: Date: Phone#: [6. ficial use only. Do not write in this area, to be completed by city or town official, ty or Town: Permit/License# uing Authority(circle one): Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.PIumbing Inspector Otherntact Person: Phone#: Information and Instructions Massachusetts General Laws chapter 152 requires all employers to provide workers'compensation for their employees. Pursuant to this statute,an employee is defined as"...every person in the service of another under any contract of hire, express or implied,oral or written." An employer is defined as"an individual,partnership,association,corporation or other legal entity,or any two or_more of the foregoing engaged in a joint enterprise,and including the legal representatives of a deceased employer,or the receiver or trustee of an individual,partnership, association or other legal entity,employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein,or the occupant of the dwelling house of another who employs persons to do maintenance,construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152,§25C(6)also states that"every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required." Additionally,MGL chapter 152, §25C(7)states"Neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority." Applicants Please fill out the workers' compensation affidavit completely,by checking the boxes that apply to your situation and,if necessary,supply sub-contractor(s)name(s),address(es) and phone number(s)along with their certificate(s)of insurance. Limited Liability Companies(LLC) or Limited.Liability Partnerships(LLP)with no employees other than the members or partners,are not required to carry workers' compensation insurance. If an LLC or LLP does have employees,a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested,not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy,please call the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate line. City or Town Officials Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permit/license number which will be used as a reference number. In addition,an applicant that must submit multiple permit/license applications in any given year,need only submit one affidavit indicating current policy information(if necessary) and under"Job Site Address"the applicant should write"all locations in (city or town)."A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each year.Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e.a dog license or permit to bum leaves etc.)said person is NOT required to complete this affidavit. The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address,telephone and fax number: The Commonwealth of Massachusetts Department of Industrial Accidents Office gf Investigations 600 Washington Street Boston,IMA 02111 Tel. # 617-72.7-4900 ext 406 or 1-8.77-MASSAFE Revised 5-26-05 Fax# 617-72.7-7749 w ww.mass..gov/dia HOWE INSURANCE Fax:9784752171 Nov 12 2009 1800 P.01 ACORD DATE 0MODff" 'STM. CERTIFICATE OF LIABILITY INSURANCE i11/1212009 PROOUCER PIWne; (970)475-0400 Few (978)475-2171 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION THE HOWE INSURANCE AGENCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 4 PUNCHARO AVE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ANDOVER MA 01810 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING.COVERAGE NAC# INSURED INSURERA: National Grange Muhra� RED APPLE RENOVATIONS INCI... ...,. INSURER B: Travelers Insurance 30 SRICKSTONE SQUARE STE 209 --- — ----- -•------.._.__ .___...—_--•-}._ ____—. ANDOVER MA 01810 INSURER C: ACE PTI? R &Casualty INSURER D; �••------___.. INSURER E: COVERAGES 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 CONOITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, LTR TYPE OF INSURANCE POLICY NUMOIR POLICY�0� po4CY EXPIRATION UNITS DATE BATE MN GENERAL LIABILITY MPS76268 03/25109 03125/10 EACH OCCURRENCE X COMMERCIAL GENERAL LIABILITY a(ERENM m�_— — $ — �� CLAIMS MADEFX 1 OCCUR MED.EXP(Afry ane person) $ 10,000 A _._...__.._.... PERSONAL 8 ADV INJURY S 1,000,000 GENERAL AGGREGATE $ 2,000,000 j GEITL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG. $POLICY J2,QQQ QQQ ..... PECT _---.... 7 LOC I AU_TOM0131LE LIABILITY ! BA9551 N480 10113109 10/19/10 COMBINED SINGLE LIMIT $ ANY AUTO (Eo aaadeN 3 ALL OWNED AUTOS BODILY INJURY B X SCHEDULED AUTOS (Per Person) $ 250,000 X HIREO AUTOS BODILY INJURY X NON-OWNED AUTOS (Peraxment) $ (�aodd DAMAGE S 100,000 1 GARAGE UAINUYY AUTO ONLY-EA ACCIDENT_ $ ANY AUTO OTHER THAN EA ACC -w �_- AUTO ONLY, AGG EXCESS!UMBRELLA LIABILrTY EACH OCCURRENCE $ MADE OCCUR CLAIMS I � '. J AGGREGATE SY DEDUCTIBLE _......_ ..__..__..._� RETENTIONS WORKER$COMPENSATION AND NWCC45758235 06/08/09 0610811 O TORY Lim". OTMER EMPLOYERS'LIABILITY _......I-. I .. C E.L.EACH ACCIDENT $ __ _ 00.000 ANY PROPRIETORlPARTnERlEXEeUTIve 1 OFFICERleCMDER EXCLUDED? - - - GA,DISEASE-EA EMPLOYEE_ $."•• 100,000 If pw dowbe um" IMCKLPROVOIOMDaum E.L.DISEASE-POLICY LIMIT S. 500,000 !OTHER: DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES►EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS FOR PROPOSAL PURPOSES ONLY +««hf lffffAffffffMMwu� CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION THEREOF, TTEN NOTI E O THEG T CERTIFIENHOL HOLDERNAMEDS LEFT,WRITTEN FOR PROPOSAL PURPOSES ONLY TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILM OF ANY KIND UPON THE INSURER ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE L Attention: 878-845.2446 VI 0i ACORD 26(2001108) Certificate# 6066 @ ACORD CORPORATION 1988 FORTH T0VM oft 4Andover i No. 0 0 L A E ) dover, Mass., • ( C tL- COCHICHEWICK ORATED IT BOARD OF HEALTH Food/Kitchen PERMIT T D Septic System 4e,L'OIL-C BUILDING INSPECTOR THIS CERTIFIES THAT.........z4x..................... ............................. f�.O.A.e................................................ Foundation has permission to erect......................................... buildings an ...'.2.Z...... 4_1.....1 e. WNW ........................ Rough to be occupied as..... ......... ..... . Chimney provided that the person accepting this permit shall in every respect conform to the terms of the application on file in Final 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 CONSTRU�q _ TS Rough .............x......................................................................... ..... ....... Service BUILDING INSPECTOR Final Occupancy Permit Required to Occupy Building GAS INSPECTOR Rough Display in a Conspicuous Place on the Premises —r Do Not Remove Final No Lathing or Dry Wall To Be Done FIRE DEPARTMENT Until Inspected and Approved by the Building Inspector. Burner Street No. SEE REVERSE SIDE Smoke Det. 4. SPECIFIC REQUIREMENTS FOR MATERIALS AND WORKMANSHIP a. This Contract will be completed by the Contractor In a good and workmanlike manner, using good quality materials. b. If applicable, the Contract price includes the allowances listed in the Contract Details Section. S. EXPIRATION OF THIS CONTRACT This Contract will expire thirty (30) days after the date first written above if not accepted in writing by Homeowner and returned to Contractor within that time. 6. PAYMENT a. Timely payment by the Homeowner of all sums due under this Contract is of the essence to this Contract. The parti gree to the following schedule of payments: 1. Initial payment: . 00 due at time of Contract signing). 2. Progress payments: � (y� The Homeowner will be billed weekly for the work substantially completed through the end of that week. The deposit paid by the Homeowner will be applied to the final invoice. Billing milestones may be billed in a different order than they appear in the contract. Demolition Completed 4,000 Rough Electrical and Plumbing Complete 4,000 Floors Refinished 4,000 Cabinets Installed 4,000 Countertop Installed 4,000 Paint and Trim Complete 2,500 3. Final.payment: $3,000 Due at the completion of the project. The Contractor shall provide. the Homeowner with his own waiver or cumulative subcontractors'waivers equal to the amount paid for any progress payment. b. The Contractor may cease operations if the Homeowner as required herein does not make any.progress payment, and proceed to collect any balance due with any legal remedy. Alternatively, the Contractor may continue operations, as set forth in the attached. .7. SIGNATURE Attached hereto as EXHIBIT I are General Conditions governing the rights and obligations of the parties to .this Contract. The parties are further subject to the laws of Massachusetts governing contracts and mechanics' liens, and acknowledge the right of the Contractor to place a lien or security interest on the property of the Homeowner. IN WITNESS WHEPEOF, we have hereunto set our hands and seals this day of V eJVuixt,120 10 DO NOT SIGN THIS CONTRACT IF THERE ARE ANY BLANK SPACES J'] Homeowner(s) iJ� Contractor �y� Homeowner(s) b' Page 2 The Homeowner may cancel this Contract if it has been signed by the Homeowner at a place other than the office of the Contractor; provided that the Homeowner notifies the Contractor in writing at the Contractor's office by ordinary mail, telegram or personal delivery, not later than the midnight of the third business day following the signing of the Contract. See attached Notice of Cancellation for further explanation of this right. Page 3 - EXHIBIT I GENERAL CONDITIONS These General Conditions are part of the Contract between Debbie and John Haroian ("Homeowner") and Red Apple Renovations, I C. ("Contractor") for work at 122 Olympic Circle, North Andover, MA 01845, dated 2 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, if any, issued for this project require. b. To inspect the site, examine the plans and specifications, if any, and supervise all of Contractor's employees, and to direct the work of all subcontractors selected by Contractor. c. To maintain the work site in a safe and clean condition, to the extent consistent with the Contract. The worksite will be left in a "broom clean"condition. d. To advise the Homeowner promptly if concealed conditions are ascertained which require.additional or different work, and to proceed in such event in accordance with this agreement. 2. HOMEOWNER'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. To execute in a timely manner all permit applications and other documents necessary for the work to proceed. e. To perform no work on the project without a written agreement with the Contractor. f. To avoid interfering with workers. g. To make no agreements with any tradesperson, subcontractor, or Contractor's employee outside the scope of this Contract without the written consent of the Contractor. h.. Homeowner shall notify his insurance agent of the execution of this Contract and obtain any necessary Riders to his current coverage or any locally customary forms of coverage. 3. DELAY Contractor shall not be responsible for delays caused by events beyond the control of the Contractor, including but not limited to: strikes, war, acts of God, riots, governmental regulations and restrictions. Delays caused by Homeowner's failure to make allowance materials' selections or caused by the performance by Contractor of additional or necessary work shall likewise be excusable delays. Page 4 4. PERMITS The contract will obtain the following permits: Town of North Andover Building Permit It is the obligation of the Contractor to secure such permits as the Homeowner's agent. Note: if the Homeowner.secures its own permits or deals with unregistered contractors, the Homeowner is excluded from the Guaranty Fund provisions of MGL c. 142A. S. INSURANCE Contractor. agrees to maintain all necessaryforms of insurance to protect the Homeowner from liability for any occurrence arising from the performance of this Contract. Contractor agrees that he shall cover his own employees for worker's compensation and car ry general liability, and that all forms of insurance carried hereunder shall be with reputable companies licensed to do business in this state. Homeowner agrees to carry full coverage on the subject property covering Homeowner's risk of loss during the construction period, together with all special forms required by reason of the performance of this Contract. . 6. HIDDEN, CONCEALED and UNFORESEEABLE CONDITIONS The parties agree that in the_event Contractor discovers a condition requiring an extra cost that they shall proceed as follows: The Contractor shall notify the Homeowner verbally at once to expedite agreement as to the charge to correct or cure such condition, and provide a written estimate as soon as practicable. The parties must agree to such extra charges, or agree to a resolution method, or this Contract may be canceled by either of them. 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. 7. ADDITIONAL WORK Any additional work or materials desired by the Homeowner shall be agreed upon in writing and such extras shall become a part of this Contract. Unless otherwise agreed, any additional work shall be paid for as performed. Failure of the Homeowner to sign a change order shall not preclude recovery for same by Contractor, and acceptance of said additional work or materials shall be presumed, unless there is written notice to the contrary. Contractor shall advise Homeowner at.the time of.agreement on any additional work as to any additional time required to perform this Contract. S. TERMINATION and CANCELLATION Contractor shall have the right to stop all work on the project and keep the job idle if payments are not made to Contractor in accordance with the payment schedule set forth above, or if Homeowner repeatedly fails or refuses to furnish Contractor with access to the job site or product selections or information necessary for the advancement of the work. Simultaneous with stopping work on the project, Contractor shall give Homeowner written notice of the nature of Homeowner's default. If work is stopped due to any of the above reasons (or for any other material breach of Contract by Homeowner) for a period of seven (7) days after notice, and the Homeowner has failed.to cure the default, then Contractor may, without prejudicing any other remedies Contractor may have, give written notice of termination of the Contract to.Homeowner and demand payment for all completed work and materials ordered through the. date of work stoppage, and any other loss sustained by Contractor, Page 5 including the balance of the Contract. Thereafter, Contractor is relieved from all other contractual duties. Upon such termination, the Contractor shall have all remedies provided by law, including such lien rights as then apply. The Homeowner may terminate this Contract upon the following conditions: a. Any other failure to perform this Contract required by the terms of this Contract. c. No termination shall be effective unless 10 days notice of Homeowner's intent are given as provided below, during which time the default may be cured by the Contractor. 9. DISPUTE RESOLUTION AND ATTORNEYS' FEES a. Dispute Re tion. The Contractor and the Homeow hereby mutually agree in advance that in t event that the Contractor h dispute concerning this contract, the Contractor may. s mit such<0riv ate arbitration service which has been approved by the 0 of irs and Business Regulation and the consumer shall be required t arbitration as provided in M.G.L. c. 142A. Contractor: CJ YV Homeowner: Home:Zr: NOTICE: The signatures of the parties above apply only to the agreement of the parties to alternate dispute resolution initiated by the Contractor. The Homeowner may initiate alternative dispute resolution even where this section is not signed separately by the parties. . b. Small Claims Court. Any controversy or claim arising out of or related to this Contract involving an amount of less than $2,500.00 (or the maximum limit of the court) must be heard in the Small Claims Division of the District Court in Essex County. c. Attorneys' Fees. In the event of any litigation between the parties relating to this Contract, the party against . whom any adverse final judgment is entered (as specifically determined by the Court), following the expiration or exhaustion of all appeals, shall reimburse the other party for such party's costs and expenses (including, without limitation, all reasonable attorneys' fees, expenses and disbursements) of such litigation. d. Inquiries Regarding Contractor. All home improvement contractors and subcontractors shall be registered and that any inquiries regarding a contractor or subcontractor relating to a registration should be directed.to: Page 6 Registration Division, Program Coordinator One Ashburton Place, Room 1301 Boston, MA 02108 Tel: (617) 727-3000 ext. 25239 10. WARRANTIES a. The work of the Contractor, including materials and labor, shall be guaranteed for a period of two (2) years during which period Contractor shall at its own expense correct an defect arising from its work unless Paragraph 7 Y 9 of these General 9 P Conditions applies. This s provision is in lieu of all other warranties,-express or implied, and Homeowner has no action at law or in equity against the Homeowner after said date. b. Any and all warranties for appliances or mechanical systems shall be delivered to . . . Homeowner when Contractor's final payment is received. c. Notwithstanding any manufacturer's warranty of any component, appliance, or system, no action may be brought against the Contractor on this contract, for the performance of this work, except as provided above. . 11. OTHER ITEMS a. The Contractor may place a trash container, commonly called a dumpster, on your property during the course of the project. The Contractor will make every effort to locate the dumpster in a location that is convenient for the Homeowner. The Contractor is not responsible for any damage to your lawn or driveway caused by the delivery or removal of the dumpster. b. The Contractor may place a portable on your property during the course of the project. The Contractor will make every effort to locate the portable restroom in a location that is convenient for the Homeowner.. The Contractor is not responsible for any damage to your lawn or driveway caused by the delivery or removal of the portable restroom. a. The Contractor may place a lawn sign on your property during the course of the project. The Homeowner will notify the Contractor of any objections to the sign being placed prior to the start of the project. 12. NOTICES Notices may be sent to either party at the addresses shown above, or mailed by certified or registered mail. Any mailed notice shall be deemed given as of the date of mailing. 13. 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. 14. ENTIRE AGREEMENT This Contract consists of the documents defined above, and constitutes the entire agreement of the parties. It can be modified only by a written document. Page 7- NOTICE OF CANCELLATION You may cancel this Contract, without.penalty or obligation, within three (3) business days from the date this Contract is full executed. If you cancel an Y Y Y property traded in any payments made by you under the Contract,act, and any negotiable instruments executed by you will be returned within ten (10) business days following receipt by the Contractor of your Cancellation Notice, and any security interest arising out of the Contract 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 Contract; or you may, if you wish, comply with the instructions of the Contractor regarding the return shipment of the 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 the date of Cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the Contractor, or if you agree to return the goods to the Contractor and fail to do so, then you remain liable for performance of all obligations of the Contract. To cancel the Contract, mail or deliver a signed or dated copy of this Cancellation Notice or any other written notice, or send a telegram to RED APPLE RENOVATIONS at 9 BARTLET STREET, #332, ANDOVER, MASSACHUSETTS 01810 not later than midnight of the third (3dj business day after the execution of the Contract. I HEREBY CANCEL THIS CONTRACT. Date: Homeowner: Massachusetts State Law requires that all home remodeling contracts contain two copies of a cancellation notice. Please do not.sign this page unless you wish to cancel the contract. Page 8 NOTICE OF CANCELLATION You may cancel this Contract, without penalty or obligation, within three (3) business days from the date this Contract Is fully executed. If you cancel, any property traded in, any payments. made by you under the Contract, and any negotiable instruments executed by you will be returned within ten (10) business days following receipt by the Contractor of your Cancellation Notice, and any security interest arising out of the Contract 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 Contract; or you may, if you wish,.comply with the instructions of the Contractor regarding the return shipment of the 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 the date of Cancellation, you may retain or dispose. of the goods without any further obligation. If you fail to make the goods available to the Contractor, or if you agree to return the goods to the Contractor and fail to do so,. then you remain liable for performance of all obligations of the Contract. To cancel the Contract, mail or deliver a signed or dated copy of this Cancellation Notice or any other written notice, or send a telegram to RED APPLE RENOVATIONS at 9 BARTLET STREET, #332, ANDOVER, MASSACHUSETTS 01810 not later than midnight of the third (P) business day after the execution of the Contract. I HEREBY CANCEL THIS CONTRACT. Dater Homeowner: Massachusetts State Law requires that all home remodeling contracts contain two copies of a cancellation notice. Please do not sign this page unless you wish to cancel the contract. Page 9 rr \JV RED APPLE iiENOV ATIONS.7 lrowe remodeling professiar- als The Project The term "project area" in the scope below refers to the kitchen, first floor half bath, laundry room and connecting hallway. The following work will be done. Overall Obtain all necessary building permits and oversee all required inspections. The job site will be broom clean at the end of each day. All personnel will be on-site only during hours agreed upon with client. A portable restroom will be on-site during the project for use by the construction team. The front hallway of the house will not be used during this project. Demolition Install dust protection and floor projections as needed to separate the construction area from the rest of the house and to protect the floors. Remove all cabinets, countertops, fixtures and appliances from the kitchen. Remove the wallpaper from the walls of the project area. Properly dispose of all debris. All debris from Red Apple Renovations projects is currently recycled in accordance with LEED (Leadership in Energy and Environmental Design) standards. Heating No work on the heating or cooling system is included in this project. Page 10 Walls & Trim v Patch and repair the walls as needed. Install new door, window, crown molding and baseboard trim in the project area. v Patch the existing ceiling as needed and skim coat the ceiling to a smooth finish in the project area. Electrical and Lighting Install new lighting and outlets as developed in the kitchen plan. This contract includes an allowance of$400 for new lighting fixtures. Install smoke detectors as needed. The bathroom light fixture will be removed prior to demolition and reinstalled at the completion of the project. This contract does not include the cost of under cabinet lighting. Three sections of under cabinet lighting can be added to the project for an additional $1,350. Doors &Windows Replace the door between the hallway and laundry room and the door between the half bath and the hallway. The doors will be a six-panel wooden door to match the style of the existing doors. Flooring The existing oak floors may need to be patched based on the final layout of the cabinets. This contract include the patching of up to 15 square feet of flooring. The homeowner will approve any additional flooring repair over that I size. Refinish the existing hardwood floors in the project area. The oak floors will be sanded and three coats of satin finish polyurethane will be applied. Cabinets and Countertop Install new cabinets in the kitchen. This contract contains an allowance of $13,000 for new cabinets. The final cost of the cabinets will depend n h p o the material, finish and layout of the cabinets. Page 11 Install a new countertop. This contract contains an allowance of$3,000 for new countertop material. The final cost of the countertop will depend on the type of material, backsplash height and edge detail selected by the homeowner. Appliances Install and vent new appliances as needed. This contract does not include the cost of new appliances. The exhaust from the vent fan for the over the range microwave or range hood will be vented to the outside. Plumbing V Reinstall the sink in the same location. Install a new sink and faucet. This contract contains an allowance of$750 for a new sink, faucet and garbage disposal. V The water and drain connection for the washer will be adjusted to allow the washer to be closer to the wall. Also, the ductwork for the dryer will be adjusted to allow the dryer to move as well. Paint Paint all interior walls and trim with one coat of primer and two coats of finish paint in colors selected by the homeowner. Page 12 MOULDING ISSUE 1R"OFF SCRIB IN TO MOUDING 1111}" OR REPLACE MO LDING 581.' 141" 59;" 4 i" W3630BD ` SCW243OR Y . ALL EXPOSED ENDS HAVE DECORATIVE PANEL ?� BWB15- (9 1 BF3• SB LC FIELD INSTALLED 7...-.... .. . ........ ... �j' - i - 1/2'FILLER SEE ATTACHED CROWN SCISMATIC Beck of genre. O u 1/4"cross grain pe nel = I 0 w/decarathre dooi panels m (J i N O 3 Base boar!vnnpp ed 6o tro v i OCM C N m 6 OR ER MOULD � a ! BASE BOARD MOULDING WRAPP D _ i � �. SUB36.2D1 DW 2484)3084S. ,'4 -JaGs tt 1 i 1 I This wall need to be shortened 1 I � t ---� -3�---I- Ips 50" / b All dimensions-size designations given are (�.q/\�/� 4l� This is an original design and must not be Designed:2/2/2010 subject to verification on job site and rECI, LOGIES U released or copied unless applicable fee has Printed:2/4/2010 adjustment to fit job conditions. been paid or job order placed. mb53 haroian dyn J All Drawing#: 1 • rt