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HomeMy WebLinkAboutBuilding Permit #653 - 132 PLEASANT STREET 3/14/2012 TOWN OF NORTH ANDOVER APPLICATION FOR PLAN EXAMINATION Permit N0: Date Received Date Issued: IMPORTANT:Applicant must complete all items on this page LOCATION -3 Prin PROPERTY OWNER Unit# MAP NO: ©1 Print PARCEL: Wt ZONING DISTRICT: Historic District yes no Machine Shop Village yes n 100 year-old structure yes n TYPE OF IMPROVEMENT PROPOSED USE Residential Non- Residential ❑New Building Vone family , ❑Addition ❑Two or more family ❑ Industrial ❑Alteration No. of units: ❑Commercial Repair, replacement ❑Assessory Bldg ❑ Others: ❑Demolition ❑ Other j ; �S�pc ® Weill r ®. oodplaui ® UJe lams m' Al (j Wa�`d rshe 1S ct -`01" - r/Sewer gz` ` x 11 �� m ESC NOF WORK TO B PERFORMED: ow (IdentificatiqX Plea a Type or Print Clearly) ; OWNER: Name: "o Phone: -,96 Address: CONTRACTOR Name: , �. /���/ Phone: 02 86 Address: A4, Z 14d,9/21t v _ /.� G/ .S Supervisor's Construction License., �',$ -b,� Z�/� Exp. Date: / /V Home Improvement License: � 3 8// Exp. Date: /nk G J 3 ARCHITECT/ENGINEER Phone: • Address: Reg. No. FEE SCHEDULE:BOLDING PERMIT:$92.00 PER$9000.00 OF THE TOTAL ESTIMATED COST BASED ON$125.00 PER S.F. Total Project Cost: $-.... ..'!r FEE: $_ O /� Check No.: J( Receipt No.: NOTE: Persons contracting with unregistered contractors do not have access tot. e a nd �ign�atureof.:Agent/.Qwner• ..:., . .'.; -.Signatureof�cont�actor=-. _t,; i Plans Submitted ❑ Plans Waived ❑ Certified Plot Plan ❑ Stamped Plans ❑ TYPE OF SEWERAGE DISPOSAL Public Sewer SwimmingPools ❑ ❑' Tanning/Massage/Body Art ❑ 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 r CONSERVATION Reviewed on Signature COMMENTS p HEALTH Reviewed on Siqnature 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 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 21A—F and G min.$10041000 fine NOTES and DATA— For department use ® Notified for pickup - Date L Doc:.Building Permit Revised 20117une/mi 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 o 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 gnust be submitted with the building application Doc: Doc.Building Permit Revised 2008mi Location No. Dat ! `/— /2�— • ' TOWN OF NORTH ANDOVER '3 e Certificate of Occupancy $01 i Building/Frame Permit Fee $ � L, Foundation Permit Fee $ �. Other Permit Fee $ TOTAL $ Check 25097 :h Building Inspector T 3 AORIHTO" � F ® .1:.:.`_ _ ' Andover . ....... o , dover, Mass., COCMICMEWICK RATEO 11 BOARD OF HEALTH Sur— Food/Kitchen Septic System R M I T BUILDING INSPECTOR THIS CERTIFIES THAT............. 54.*14....................S .. .... .......................................:............. Foundation has permission to erect........... ....... buildings on ......(4& ..... r!!!T �.�..� Rough ...................... ..... .... ............... `-� Chimney to be occupied as.... .-- 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 MON ELECTRICAL INSPECTOR. UNLESS CONSTRUCTIO T S Rough ........................ ...... ................................. Service BUILDING INSPECTOR Final Occupancy Permit Required to Occupy Building GAS INSPECTOR Rough Display in a Conspicuous Place on the Premises — Do, Not Remove Final No Lathing or Dry (Nall To Be Done FIR_ E_DEPARTMENT. Until Inspected and Approved by the Building Inspector., Burner Street No. SEE REVERSE SIDE Smoke Det. The Commonwealth of Massachusetts Department oflndustria[Accidents Office of Investigationg 600 Washington Street Boston,MA 02111 U www<massgov1d1a Workers' Compensation insurance Affidavit:Builders/Contractors/Electricians/Plumbers Applicant-Information please Print Legibly Name(Business/Organization/individual): .s k� Address: .City/State/Zip: � 40r/ �,L �Phone AFu an employer?Check the appropriate box: _ 1. am a employer with / 4. ❑I am a general contractor and I Type of project(required): employees(full and/or part-time).* have hired the sub-contractors 6. ,❑,New construction 2.❑I am a sole proprietor or partner- listed on the attached sh5et.t 7• M Remodeling ship and have no employees These sub-contractors have 8. []Demolition working for me is any capacity, workers'comp,insurance. [No workers comp. om .insurance 5. 9. ❑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.1522§1(4),and we have no 12.[]Roofrepairs in required.]f employees.[No workers' comp,insurance required.] 13.[]Other *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information. 7 Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit anew 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. lam an employer tliat isproviding workers'compensation insurancefor my employees. Below is thepolicy and jab site infoPmation. //'' Insurance Company Name: (yv S , O Policy#or Self-ins.Lie.#: ���,(; Y� Y Expiration Date: ! ) J Job Site Address: /?7 ��f�.4 J.4a+r� �'� City/State/Zip:_& aygS Attach a copy of the workers'compensation policy declaration page(showing the policy number and expiration date). 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 ofthis statement maybe forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certify r the pains a Wattles ofperjury tlzat the information provided ab ve isrue and correct. Si ature• Date: ?hone Official use only. -Do not write in this area,to be completed by city or town offrciaZ City or Town: Permit/License# Issuing Authority(circle one): I.Board of Health 2.Building Department 3.City/Town Clerk 4.EIectrical Inspector 5.Plumbing Inspector 6.Other - - - ContactPerson: Phone#: Information and Instructions °c 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 apartinents 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 shallnot 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'w.ithhold 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 ofpublic 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 phonenumber(s)along with their certificate(s)of insurance. Limited Liatility 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 andprinted 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. PIease 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(ifnecessary)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 periiits 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: `he Coraiuonwearth of Aflassaclawetts Department of Jadustxzal Accidents O ce Of Investigations _ 600 Washington Street Boston;MA,02111 Tol.#617727-4900 ext 4406 ox-1-877-1V1'k4.SS.FB Revised 5-26-05 Fax#617-727-7749 Www-mass.govoa. U3/13/201-,' 21,03 FAX 9785572130 MICHAUD WiE RUSCAK 4001/001 CERTIFICATE OF LIABILITY INSURANCE OP ID IP D (MUMONYYY) RSt&I-1 03/14/12 uceR - THIS CERTIFICATE IS ISSUED F INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.1.chavid, Rowe And Rusaak ins, HOLDEIL THIS CIRTIFIGATE DOES NOT AMEND,EXTEND OR P.D. Box 288 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. North Andover IKEA 01845 i Fhona: 978_698 9929 Fax-;978 557 2138 INSUIRERSAFFORDING COVERAGE NAIC0 INSURED ® �.,®. :.:,:•:, ___ _ INSURER A: PrelArred Mutual Enenuanoe Co. ...--- 15024- . INSURER E, Guard Insurance Group R S Hebert Const L Iaod, Inc. INSURER C: Comme ao TnsuraaCe Company 34754 w 0 Avenue NIP. 01845 INSURER INSURER E, COVERAGES — — THF.POLICIES OF INSURANCE I_iSTE 0 9ELjW HAVE BEr+4 ISSUED TO THIS!NSURI;O"MM ASOVt FOR TAE POLICY PERIOD%400.7Ep NG`TWffHSTANOING ANT IREOUAREMENT,TERM oR CONDITION OF ANY CONTRACT OR O'o?1ER DOCUMENT WITH REBPECT YO NUHICH THIS CERTIFICATE GMAY BF.ISbUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLIWE3 DESCR15CO HEREIN;S'PiAJKT TO ALL THE TERf8,EACLU310NS ANU GOIJ0fTi0NS OF SUCH POLICIES.AWRAGATh LIMITS SHOWN 31S7it M.AY HAVE BEEN REDUOU DY PAIL CLAIM:$. R -- ,_ � 18 ._. ._. ii�r ' DAT —"" LTR TYPE Cr INSUpANCe PLK ICY NUMBERllC$FFFECYISIE ----1-- -- -- !(UWDDtrM) YIdAOGiTtYT} �p UNITS 3ENBRAI.LUlBIIITY EACH OCCURRENCE 6](pfl0000 A i X I CONWRCIALGENERALLIA31LI Y CFPO110600584 04/14/11 ' 44/14/12 E6s16EESE a ur — 100000 �- -� _ i - CLANS MADE ),x OCCUR I _MEDEXP(Mpana�,eeon) ($5000 �_—_, `.•_j -PERSONAL 6ADV INJURY 51000000 GENERAL AGGREGATE 5 2000000 QtN'L AGGREGATE LMT APPLIES PER _ ( I ;PRT- ODUCTS-COMP/OFAGa 1 s 2000000 I'GtICY JEC f LOG I AUTOMMLE LIA11U." I CCk�apINEDSINGLELIMIT $1000000 C .... TO $1 09 1 12/19/11 12/19/12 (Eaa=derlf) i ALL OYYNED AUTGS ROOILY INJURY �7C 'sCUEpULEpAUTOS (Perperaon) $ $ HIREDAUTO3 I I BODILY INJURY NON-OLYNED ALTOS li (Per 000wwl j 5 PROPERTY DA MACE $ -T �. GARAGE LIABILITY + I AUTO ONLY•EA ACCIDENT j ANY AUTO I I OTHER THAN EA AGC $ I A11G S ... AUTO ONLY•: -- EXCESS 1 UUFJKGLLA L D%ITY i EACH OCCURRENCE OCCUR MLAIAtlS MADE I f AGGREGATE $` DEDUCTIBLE 1 i i ,.•—� h St _....--- �_ RETENIYJN �_ Yri7 5 A2 f0 - $ IAND WWPLOYERV LIABILITY• y;N i TSS UM ILL ER AWYPROPRfETOR/PART'NRP.UECU'nV Raj'C346459 I 01/01/12 01/01/13 E.L.EP,G.4ACCIpF,WT 13100000 _ (Mmal9 taryin BER rXGLUDE7? R.L DISEASE-EA PJ1tPLOVE 11100000 (t If Y4M,dQ TIn row) 9PfCALPROVI91pN$hplpw E.LDISEA-SE.POLICY LAAIT,S&)0000 OTHER I I j i OL'`SCI7iPTiON Of OPEWITIONS!LOiK4TgNTy 1 VEHICLES I EXCLUSIONS ADDED BY ENDORSELIENT f BPECdAL PROYI5fOnS i CERTIFICATE HOLDER CANCELLATION SHOULD ANY 0V TNF ABOVE DESCRIBED POUC16$QE CANCq"I;®fiFORE TK EXPIAA"ON STET1E1 DA`R TH€R6OE,THE;SS1ANa INSUPER WILL ENDEAVOR TO MAIL 10 DAYS YUR•IrMN NOTICE TO THE CERTIFICATE HOLOER NAM90 TO THE LEFT,BUT FAILURE:TQ DO SO SHALL JenniferSCCtt Stei.n�sure� IMPOSE NO OBLIGATff7N OR LIABILITY OF ANY KINHE D UPON TINSUREIR,ITS AGGANTS GR & 132 Pleasant Street t3ePIEsexTATRrEa Horth Andover M 01845 AUT R�dFE3lNTaT1 ACORD ZS(2 9ffrQ 01) AVRON. All-rights reserved, The ACORD name and logo are registered mark*v€ACORD Office of Consumer Affairs&Business Regulation HOME IMPOVEMENTCONTRACTOR Type. k RegistratioW{ 153811 Expiration. =11912013 Private Cbrpor-af 0 R. .HEBERT G ,r R,ONALD 'HEBERT s l 102 ADAMS AVE. � a NO ANDd�ik MA [Jndersetretary Massachusetts-Department of Public Safety Board of Building Regulations and Standards 1 Construction Supen-isor r'^�License: CS-058241 1 RONALD S fl9fiRT 102 ADAMSfVE-y © �> N ANDOVE) MA 01845 -r ��►-�f r'a Expiration icommissioner 01/08/2014 r R.S. HEBER'T' Construction & Remodeling Inc. 102 Adams Ave. No. Andover Mass. 01845 (978) 686-0786 Phone / Fax Lic. #:058241 Reg. #:153811 DATE: 3/4/12 OWNER'S NAME: MR. & Mrs. Steinberg 132 Pleasant St. No. Andover Mass.01845 JOB. 2"d Floor Bath I. PARTIES This contract (hereinafter referred to as "Agreement") is made and entered into on this 4th day of March by and between Mr.& Mrs. Steinberg (hereinafter referred to as "Owner"); and R.S.Hebert Construction & Remodeling Inc., (hereinafter referred to as "Contractor"). In consideration of the mutual promises contained herein, Contractor agrees to perform the following work, subject to the terms and conditions below: II. GENERAL SCOPE OF WORK DESCRIPTION 1. Remove Toilet and vanity , toilet to be reused . 2. Remove sheetrock from walls and existing flooring. 3. Install new moisture resistant sheetrock to walls. 4. Install PVC beadboard to walls 4ft. up. S. Install new cement board to floor area and prep for tile. 6. Install new marble tile to bath floor, tile supplied by owner. 7. Install owner supplied vanity, top, mirror and light fixture. 8. Paint walls, ceiling and trim, color chosen by owner. 9. Reinstall toilet. — - Contractor Owner Owner A. LUMP SUM PRICE FOR ALL WORK ABOVE*$ 5100.00 III. GENERAL CONDITIONS FOR THE AGREEMENT ABOVE 2. STANDARD EXCLUSIONS: Unless specifically included in the "General Scope of Work" section above, this Agreement does not include labor or materials for the following work: Plans, engineering fees, Testing, removal and disposal of any materials containing asbestos (or any other hazardous material as defined by the EPA). Labor or materials required to repair or replace any Owner-supplied materials. Repair of concealed underground utilities not located on prints or physically staked out by Owner which are damaged during construction. Surveying that may be required to establish accurate property boundaries for setback purposes (fences and old stakes may not be located on actual property lines). Final construction cleaning (Contractor will leave site in "broom swept" condition). Landscaping and irrigation work of any kind ,correction of existing out-of-plumb or out-of-level conditions in existing structure. Correction of concealed substandard framing. which may be discovered in the removal of walls or the cutting of openings in walls. Removal and replacement of existing rot or insect infestation. Failure of surrounding part of existing structure, despite Contractor's good faith efforts to minimize damage, such as plaster or drywall cracking and popped nails in adjacent rooms or blockage of pipes or plumbing fixtures caused by loosened rust within pipes. Exact matching of existing finishes. Public or private utility connection fees. Repair of damage to roadways, driveways, or sidewalks that could occur when construction equipment and vehicles are being used in the normal course of construction. Cost of/testing/remediating mold/fungus/mildew and organic pathogens unless caused by the sole and active negligence of Contractor as a direct result of a construction defect that caused sudden and significant water infiltration into a part of the structure. Cost of removing ponding ground water or other unusual concealed site Contractor Owner Owner conditions during excavation B. DATE OF WORK COMMENCEMENT AND SUBSTANTIAL COMPLETION Commence work:3/20/12. Construction time through substantial completion: Approximateiy,3/27/12 not including delays and adjustments for delays caused by: holidays; inclement weather; accidents; shortage of labor or materials; additional time required for Change Order and additional work; delays caused by Owner, Owner's design professionals, agents, and separate contractors; and other delays unavoidable or beyond the control of the Contractor. C. CHARGES FOR ADDITIONAL WORK: CONCEALED CONDITIONS, DEVIATION FROM SCOPE OF WORK, AND CHANGES IN THE WORK 1. CONCEALED CONDITIONS: This Agreement is based solely on the observations Contractor was able to make with the project in its condition at the time the work of this Agreement was bid. If additional concealed conditions are discovered once work has commenced or after this Agreement is executed which were not visible at the time this Agreement was bid, Contractor will point out these concealed conditions to Owner, and these concealed conditions will be treated as Additional Work under this Agreement. Contractor and Owner may execute a Change Order for this Additional Work. Contractor is released, held harmless, and indemnified by Owner from all pre-existing mold, fungus, mildew, and organic pathogen problems and is not responsible for costs or damages associated with correcting, containing, testing, or remediating the same. . DEVIATION FROM SCOPE OF WORK: Any alteration or deviation from the Scope of Work referred to in this Agreement involving extra costs of materials or labor (including any overage on ALLOWANCE work and any changes in the Scope of Work required by Owner, Owner's desi nprofessional, wn g O er s agent, or building inspectors) will be treated as Additional Work under this Agreement resulting in an additional charge to Owner. Contractor and Owner may execute a Change Order for this Additional Work. D. PAYMENT SCHEDULE AND PAYMENT TERMS 1. PAYMENT SCHEDULE: Contractor Owner Owner * First Payment: due when Agreement is signed and returned to Contractor: $500.00 2nd Payment when work starts. $2000.00 * Final Payment: Balance of contract amount $2600 when work is complete. 2. PAYMENT OF CHANGE ORDERS/ADDITIONAL WORK: Payment for Additional Work is due upon completion of either all or part of the Additional Work and submittal of invoice by Contractor. E. WARRANTY Thank you for choosing our company to perform this work for you. Your satisfaction with our work is a high priority for us, however, not all possible complaints are covered by our warranty. Contractor does provides a limited warranty against material defects on all Contractor- and subcontractor-supplied labor and materials used in this project for a period of one year following substantial completion of all work. This warranty covers normal usage only. You must contact the Contractor upon discovering an item in need of warranty service. Additionally, Owner's hiring of others or direct actions by Owner or Owner's separate contractors to repair a warranty item are not covered by this warranty and will not be reimbursed by Contractor. No warranty is provided by Contractor on any materials furnished by the Owner for installation. No warranty is provided on any existing materials that are moved and/or reinstalled by the Contractor within the dwelling or the property (including any warranty that existing/used materials will not be damaged during the removal and reinstallation process). One year after substantial completion of the project, the Owner's sole remedy (for materials and labor) on all materials that are covered by a manufacturer's warranty is strictly with the manufacturer, not with the Contractor. Repair of the following items and related damages of every kind are specifically excluded from Contractor's warranty: problems caused by lack of Owner maintenance; problems caused by Owner abuse, Owner misuse, vandalism, Owner modification, or alteration; and ordinary wear and tear. Damages resulting from mold, fungus, and other organic pathogens are excluded from this warranty unless caused by the sole and active negligence of contractor as a direct result of a construction defect which caused sudden and significant amounts of water infiltration Contractor Owner Owner into a part of the structure. Deviations that arise such as the minor cracking of concrete, stucco, and plaster; minor stress fractures in drywall due to the curing of lumber; warping and deflection of wood; shrinking/cracking of grouts and caulking; fading of paints and finishes exposed to sunlight are all typical (not material) defects in construction, and are strictly excluded from Contractor's warranty. F. WORK STOPPAGE AND TERMINATION OF CONTRACT FOR DEFAULT Contractor shall have the right to stop all work on the project and keep the job idle if payments are not made to Contractor strictly in accordance with the Payment Schedule in this Agreement, G. DISPUTE RESOLUTION AND ATTORNEY'S FEES Any controversy or claim arising out of or related to this Agreement involving an amount less than $5,000 (or the maximum limit of the Small Claims court) must be heard in the Small Claims Division of the Municipal Court in the county where the Contractors office is located. Any dispute over the dollar limit of the Small Claims Court arising out of this Agreement shall be submitted to an experienced private construction arbitrator that shall be mutually selected by the parties to conduct a binding arbitration in accordance with the arbitration laws of the state where the project is located. The arbitrator shall be either a licensed attorney or retired judge who is familiar with construction law. If the parties can not mutually agree on an arbitrator within 30 days of written demand for arbitration, then either of the parties shall submit the dispute to binding arbitration before the American Arbitration Association in accordance with the Construction Industry Rules of the American Arbitration Association then in effect. Judgment upon the award may be entered in any Court having jurisdiction thereof. H. ENTIRE AGREEMENT, SEVERABILITY, AND MODIFICATION This Agreement represents and contains the entire agreement and understanding between the parties. Prior discussions or verbal representations by Contractor or Owner that are not contained in this Agreement are not a part of this Agreement. In the event that any provision of this Agreement is at any time held by a Court to be invalid or unenforceable, the parties agree that all other provisions of this Agreement will remain in full force and effect. Any future modification of this Agreement should be made in writing and executed by Owner and Contractor. Contractor Owner Owner I have read and understood, and I agree to, all the terms and conditions contained in the Agreement above. DATE NTRACTOR'S SIGNATURE CZXnNtd MD-11-A DAtt OWNER'S SIGNATU E DA E OWNER'S SIGNATURE Contractor Owner Owner