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HomeMy WebLinkAboutBuilding Permit #776 - 184 CARLTON LANE 6/2/2010BUILDING PERMIT TOWN OF NORTH ANDOVER APPLICATION FOR PLAN EXAMINATION Permit N0: i Date Received V Date Issued: IMPORTANT: Applicant must complete all items on this pate TYPE OF IMPROVEMENT PROPOSED USE Residential Non- Residential New Building One family Addition Two or more family Industrial Alteration No. of units: Commercial e air, re lacement Assessory Bldg Others: Demolition Other ' Septic Well Floodplain Wetlands Watershed District Water/Sewer DESCRIPTION OF WORK TO BE PREFORMED: Identification Please Type or Print Clearly) OWNER: Name: WAIL 16N Superdisor's Construction License,.`_� (af2�2 Exp. [late: z(f�ltZar2 . Home Improvement License: la3a� - Exp. -Dates '� (1o�2Att ARCHITECT/ENGINEER Phone: Address: Reg. No. FEE SCHEDULE: BOLDING PERMIT: $12.00 PER $1000.00 OF THE TOTAL ESTIMATED COST BASED ON $125.00 PER S.F. Total Project Cost: $ FEE: $�j�l� Check No.: l- G L No.: �� 2,Z4 --- Receipt NOTE: Persons contracting with unregistered contractors do not have access to the guaranty fund re of co Location M. 0 F. j M M - Check # l r✓ 23L,:.� Date TOWN OF NORTH ANDOVER Certificate of Occupancy $ j Building/Frame Permit Fee $ Foundation Permit Fee Other Permit Fee TOTAL Building Inspector 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 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 - Tem,p Dempster ---on site. yes no Located at 124 Main Street Fire Department signature/date COMMENTS Dimension Number of Stories Total land area, sq. ft.: Total square feet of floor area, based on Exterior dimensions. ELECTRICAL: Movement of Meter location, mast or service drop requires approval of Electrical Inspector Yes No DANGER ZONE LITERATURE: Yes MGL Chapter 166 Section 21A -F and G min.$100-$1000 fine NU I E5 and DA I A — ( For department use ❑ Notified for pickup - Date Doc.Building Permit Revised 2010 No 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: Building Permit Revised 2008 w w A O ca ar u u La 41 cin Cd U � z z G ;r. w° v U m w U a v� a � u. a o w u U a w w�' cn w U o o: G w" w a A w cA z cn v cn LLJ o m c . c V o � O y O V V •dam CL c e0 O m c O 40 m `Ea o c y o= :C.3 CD �b a= mm L � 0 3 y cm m m Cc ' y e CCU I-- y _L m T 00 CLU W O CD •C O Qc C. 0 0� �Z c o a a m :ora F- y 0y0..~ W c 4;r=•+ L H •' C ui •E ca -0 v y CO C3 a o� o H .0. a w m N 45 y 45O N c ca m IE CD c m 0 co c �c N CD t 0 z O O I UU 0 Q a� 0 L v � Z C Q. O y O Om i O O .� y p)CD O m m �3 � � L !O O d CL CMQ c y 0 y=•+ C O CD CD y Z 5 co CL V CO) C O— • C COD W 0 U) U) W. W W. W U) CONSTRUCTION SERVICES AGREEMENT (short form) Contractor: Owner: Date: Howell Custom Building Group, Inc. Iden -i Sally Heffron May 25, 2010 360 Merrimack St. Bldg 5 184 Carlton Way Lawrence, MA 01843 North Andover, MA 01845 Phone: 978-989-9440 Project: C.S.L. #068232 Powder Room Renovation H.I.C. #123237 I. PARTIES & DATE OF AGREEMENT This contract (hereinafter referred to as "Agreement") is made and entered into on this 25th day of May, 2010, by and between �p46en=&Sally Heffron, (hereinafter referred to as "Owner"); and Howell Custom Building Group, Inc., (hereinafter referred to as "Contractor"). In consideration of the mutual promises contained herein, Contractor agrees to perform the following Work: II. SCOPE OF WORK DESCRIPTION & CONTRACT SUM General Notes • All Work includes labor and materials unless otherwise noted Owner Responsibilities • Owner to attend weekly project meetings on-site with Contractor. Meetings to be scheduled at a mutually agreed upon time on a weekday between the hours of 7:30am-4:00pm. • Owner to coordinate with Contractor on planning the detailed sequence of work. • Owner to provide information, selections and decisions to Contractor as requested by Contractor in a timely manner so as not to delay progress of the Work. • Owner to remove all personal items and furniture from the Powder Room Permits & Inspections • Contractor to prepare building permit application, file application, and post permit on-site. • Allotment Item: $226 for Town of North Andover Building Permit Fee. • Plumbing Permit to be obtained, and the fee paid, by Contractor's Plumbing Subcontractor. • Electrical Permit to be obtained, and the fee paid, by Contractor's Electrical Subcontractor. • Contractor to schedule and coordinate the various inspections required to complete the Work as described in this Scope of Work. Site Prep General Notes: • Contractor to provide and maintain a Portajohn on site during construction. • Contractor to seal off existing rooms adjacent to the areas affected by demolition and construction during the project with plastic sheeting and/or temporary wood -framed walls. • Contractor to protect existing finishes in affected areas, if those finishes are to remain. Existing finishes to be protected with plastic sheeting, cardboard or other padding. • Supply and Install Site Protection per the following notes: • Protect hardwood floor in powder rm, hallway and front entry. • Remove and save powder room door; protect jambs to remain Page 1 of 8 InitialA*1. / Demolition General Notes: • Contractor to disconnect electrical, cable, phone and plumbing as required in affected areas prior to demolition. • The abbreviations R/S = remove & save, R/DNS = remove and do not save. • Contractor to perform demolition work per the following notes: • R/DNS: toilet, pedestal sink & faucet, light fixture, exhaust fan, wood trim, bb heat covers • R/DNS: wall/ceiling paper (see Painting Allotment) • Items to Remain: wall & ceiling plaster, hardwood floor, entry door & jambs, window & jambs Plumbing & Heating • Remove and cap existing plumbing fixtures. • New fixtures to be installed in same location as existing; re -use existing rough plumbing. • Plumbing Fixtures to be selected by Owner; supplied and installed by Plumbing Subcontractor. • Allotment Item (materials only): $1000 for Pedestal Sink • Allotment Item (materials only: $500 for Faucet • Allotment Item (materials only: $500 for Toilet • Prep baseboard heat for new wood covers Electrical • Decorative Electrical Fixtures: selected by Owner, supplied by Contractor, installed by Electrician • Allotment Item (materials only): $300 for (2) Wall Sconses • Supply and install the following Electrical Work: • (1) GFCI outlet at pedestal sink • (1) 4" Recessed Light: with slotted aperture trim • (2) Wall Sconces (see allotment above) • (1) Panasonic Exhaust fan (same location as existing — reuse existing ductwork) • (1) Switch for Exhaust Fan (single pole, no timer) • (1) Dimmer Switch for Vanity Lights and Recessed Light (together) Insulation • None Plaster • Patch existing ceiling and wall plaster as needed. Tile • None Interior Doors • None Interior Trim & Millwork General Notes & Specifications: • All moldings and trim to be poplar unless otherwise noted • Molding profiles selected from Blue Anchor Woodworks, Marblehead, MA • Window Casing: (match existing) approx 2" flat casing, mitered; 5/4" bullnose stool, and apron. • Door Casing: (match existing) approx. 2" flat casing, mitered • Baseboards: 2 -pc as follows: • 1x10 Base (3/4" x 9-1/4" actual) Page 2 of 8 Initials: 41) // • BA1498 3/4" x 1-1/2" Base Cap • Crown: 3 -pc build-up as follows: • BA 1108 15/16" x 5-3/16" Crown • BA1440 5/8" x 5-1/2" Base (upside down against wall) • BA803 9/16" half -round molding • Chair Rail: below mirrored panels only • BA918 1-1/4" x 2-3/4" • Rail & Style: around mirrored panels • 1x6/1x8 square -edged stock applied to walls; pocket hole joinery • Panel Molding: applied inside rail & styles and directly on plastered walls below • BA289 1/2" x 1-3/16" • Mirrors: 3/8" glass with edges beveled to 1/8" • Supply and install Interior Trim & Millwork as follows: • (1) window casing • (1) door casing (powder room side) • Baseboard & Crown around the room • Wood Baseboard Heat Cover: approx 9" high x 7'-6" long; furniture style base; vent slots along top. Exact design TBD with approval of Owner and Owner's Designer. • Valence around upper portion of window to allow Crown to wrap around window without interfering with window casing or future window treatment. Valence to be fabricated from 1x8 poplar with a routed bottom edge. Coordinate design with Owner and Owner's Designer. • Mirrored rail & style paneling on upper portion of (3) walls; (2) walls to have one panel; (1) wall to have two panels. Total of (4) Mirrors. • Panel Moldings on Lower Portion of Walls: applied directly on plaster on (3) walls • Chair Rail Molding: applied on (3) walls below mirrored rail & styles. Specialties • Allotment Item (materials only): $200 for Bath Accessories (towel bars, tp dispenser, etc) Floor Coverings • None — assume existing wood floor does not have to be patched or refinished • Note: in the event that the new pedestal sink and/or toilet have a smaller footprint than the existing fixtures, floor patching/refmishing will be priced as an extra. Painting • Allotment Item (materials & labor): $2000 to include the following work: • Strip existing wall paper from all walls & ceiling • Prep and prime walls for new wallpaper & paint • (2) Finish Coats Paint on all woodwork, ceiling and wall sections not being wall papered • Installation of Wall Paper Clean-up • Jobsite to be cleaned up daily. • All construction debris to be removed from site. • The house shall be left "broom clean" upon completion. (Additional Scope of Work page(s) or Plans attached: Yes _X No) Page 3 of 8 Initials:/ CONTRACT SUM (lump sum price for all Work described above): $ 17,426 TOTAL ALLOTMENTS (included in Contract Sum): $ 4,726 (Listed above in Scope of Work Description) III. GENERAL CONDITIONS FOR THE AGREEMENT ABOVE A. DATE OF WORK COMMENCEMENT AND SUBSTANTIAL COMPLETION Commence Work on or about June 15, 2010. Contractor to achieve substantial completion of all Work in this Agreement on or about July 16, 2010 not including delays and adjustments for delays caused by::nelement we., accidents, additional time required for performance of Change Order Work (as specified in each Change Order), delays caused by Owner, and other delays unavoidable or beyond the control of the Contractor. B. EXCLUSIONS Unless specifically included in the Scope of Work described above, this Agreement does not include labor or materials for the following Work: 1. Fees for design or engineering work including any additional D&E work required by building inspectors. 2. Moving Owner's property around the site 3. Repair or replacement of Owner -supplied materials 4. Testing, removal and disposal of any materials containing asbestos (or any other hazardous material as defined by the EPA) 5. Correction of existing out -of -plumb or out -of -level conditions in existing structure 6. Correction of concealed substandard framing. 7. Removal and replacement of existing rot or insect infestation 8. Re-routing/removal of vents, pipes, ducts, wiring, conduits, structural members, or steel mesh which may be discovered in the removal or cutting of openings in the existing structure. 9. 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. 10. Repair of damage to existing roadways, driveways, sidewalks, or grass areas that could occur when construction equipment and vehicles are being used in the normal course of construction 11. Exact matching of existing finishes. Where Contractor's Work involves the "matching of existing finishes or materials," Contractor will use his best efforts to match existing finishes and materials. However, an exact match is not guaranteed due to such factors as discoloration due to the aging process, difference in dye lots, and difficulty of exactly matching certain finishes, colors, and planes. 12. Final construction cleaning (Contractor will leave site in "broom swept" condition) C. CHANGE ORDERS CONCEALED CONDITIONS: If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ from those indicated in the Contract Documents or (2) unknown physical conditions which differ from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then the contract price shall be equitably adjusted in accordance with the change order provisions set forth herein for such concealed or unknown conditions upon claim by the Contractor. 2. CHANGES IN THE WORK: Any change from the Scope of Work referred to in the Contract Documents involving extra costs of materials or labor (including any overage on ALLOTMENTS and any changes in the Scope of Work required by governmental plan checkers or field building inspectors) will be performed upon a written CCO (Contract Change Order) issued by Contractor and signed by Contractor Page 4 of 8 Initials3Pq/ and Owner prior to the commencement of Additional Work by Contractor. Contractor's profit and overhead, and any supervisory labor will not be credited back to Owner with any deductive Change Orders (Work deleted from Agreement by Owner). D. PAYMENT SCHEDULE AND PAYMENT TERMS 1. PAYMENT SCHEDULE: 1 Initial Deposit due when Agreement is signed and returned to Contractor $ 4,000 2 Due upon ordering of Plumbing Fixtures $ 2,000 3 Due upon completion of Interior Trim & Millwork $ 6,000 4 Due upon completion of Painting & Wall Papering $ 2,000 5 Due upon installation of Plumbing & Electrical Fixtures $ 2,000 6 Final Payment: Balance of contract sum due upon Substantial Completion of all Work under contract: $ 1,426 2. PAYMENT OF CHANGE ORDERS: Payment for each Change Order is due upon completion of the Change Order Work, and submittal of invoice by Contractor. 3. INVOICES AND PAYMENT: Invoices shall be prepared by Contractor and submitted to the Owner as the Work is completed and according to the Payment Schedule above. The Owner shall make payment within three (3) days of the Invoice Date. 4. FAILURE OF PAYMENT: If the Owner does not pay the Contractor within three (3) days of the Invoice Date, then the Contractor may, upon seven (7) additional days' written notice to the Owner, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shutdown, delay and start-up, plus interest as provided for in the Contract Documents. PAYMENTS/CREDITS FOR ALLOTMENT OVERAGES/UNDERAGES: The cost of items designated in the Agreement as Allotments and Contractor's associated overhead and profit have been initially factored into the Contract Sum and Payment Schedule. If the actual cost of an item exceeds the Allotment amount, the difference between the actual cost including taxes and delivery charges and the Allotment amount will be added to the Contract Sum via Change Order. Contractor overhead and profit will not be added to material only Allotment overages as long as the scope of work to receive, handle, install, and warrant such materials has not increased. For Allotment items that include materials and installation labor, fifteen percent (15%) overhead and ten percent (10%) profit will be added to the labor portion of an Allotment overage. If the actual cost of an item is less than the Allotment amount, a credit will be issued to Owner after all billings related to this particular Allotment have been received by Contractor. This credit will be issued via Change Order prior to calculating the final payment owing under the Agreement. The amount of the credit will be the difference between the Allotment and the actual cost of the item including taxes and delivery charges. Contractor overhead and profit will not be credited back to owner on Allotment underages. 6. INTEREST ON OVERDUE PAYMENTS AND ATTORNEY'S FEES: Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate of one percent (1%) per month.The Owner shall be responsible for reasonable attorney's fees incurred by Contractor in collecting any sums due hereunder. F. WARRANTY Page 5 of 8 Initials!_*/�/ 1. Upon final payment by Owner of the entire contract sum including all change orders and allotment overages (if any) due to Contractor, Contractor warrants to the Owner that the Work performed under the Agreement is free from defects, not inherent in the quality used, in materials, equipment and workmanship for a period of two (2) years after the date of substantial completion as described in the Agreement. THIS LIMITED WARRANTY CONTAINS ALL EXPRESS WARRANTIES OF CONTRACTOR, ALL OTHER WARRANTIES EXPRESS OR IMPLIED ARE EXCLUDED AND HEREBY DISCLAIMED, INCLUDING WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY, HABITABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Except for any warranties implied by law and not subject to exclusion, there are no warranties that extend beyond the express warranties set forth herein. The term of any warranties implied by law and not subject to exclusion shall end upon the termination of this Limited Warranty. In the event of breach by Contractor, the Owner's recovery shall be limited to the actual cost to repair any defect or deficiency covered by this Limited Warranty. The Owner waives any and all claims for incidental, consequential, special and consumer protection damages. The parties agree that Massachusetts law shall control this Limited Warranty and jurisdiction is proper in the Massachusetts Superior Court. The Owner shall notify the Contractor in writing, within 30 days after the discovery of any failure, defect or damage, otherwise the claim shall be deemed waived. In the event of an emergency failure (i.e. roof or plumbing leak), Owner should contact Contractor immediately by telephone or fax at the numbers listed above. If Owner gives Contractor proper notification and if the condition is covered by this Limited Warranty, Contractor or subcontractors chosen by Contractor will replace or repair the defect (the decision to repair or replace is Contractor's sole decision) at no charge or cost to Owner within a reasonable time, not to exceed sixty days, unless weather conditions, labor problems or shortages causes delays. Any steps taken by Contractor to correct defects under this Limited Warranty shall not extend the time of this Limited Warranty. 4. Owner acknowledges that the following, as applicable, are EXCLUDED from this Limited Warranty: A. Defects which are the result of characteristics common to materials used, such as, but not limited to, warping or deflection of wood; fading, chalking and/or checking of paint due to sunlight; cracks in concrete, plaster, brick, masonry, grouts and caulking due to drying and/or curing. B. Hairline cracks and seams in plaster and drywall other than those caused by structural defects, provided that joints are properly located to minimize cracking. Any repair of plaster or wallboard, caused by structural defects, may not completely blend with surrounding materials. C. Shrinkage, swelling, or leakage of doors and windows attributable to weather conditions. D. Occasional dents of interior woodwork and twisting, and hairline checking of wood framing, plywood, exterior siding and wood trim. E. Shrinkage or separation of hardwood flooring. F. Damage to roofs caused by snow or ice backing up under shingles or damage, if any, caused by windblown rain or snow through roof, gable or soffit vents, or louvers into attic space, unless caused by negligent workmanship or defective material. It is Owner's obligation to insure free passage in gutters and downspouts at all times. G. Fading or darkening of paints, stains and other finishes exposed to sunlight. H. Defects in items supplied or installed by Owner, or anyone other than Contractor or its subcontractors acting at the Contractor's order. I. Defects in materials or equipment that are covered by manufacturer's warranties including labor to repair same, even if such labor cost is not warranted by manufacturer. The Contractor, at the Owner's written request and at no expense to the Owner, shall act as the Owner's agent in pursuing the manufacturer for any defects in materials supplied and installed by Contractor. J. Damage due to abuse, improper or insufficient maintenance, improper operation, alteration, modification or normal wear and tear under normal usage. LLr Page 6 of 8 Initials:7}% /G K. Contractor assumes no liability for damages to personal property of Owner. L. Loss or damage which the Owner has not taken timely action to minimize. M. The presence or development of radon and mold are products of environmental conditions that are beyond the control of Contractor, therefore Contractor does not warrant and expressly disclaims any responsibility for the presence or development of radon or mold. G. OWNER'S SEPARATE SUBCONTRACTORS Owner shall not hire separate Subcontractors to work on the site at same time as Contractor without prior written consent from Contractor. Contractor reserves the right to not allow uninsured, unlicensed or unqualified subcontractors to work on the site at the same time as Contractor. Owner may hire separate Subcontractors to work on the site either before Contractor's date of Work Commencement or after final completion of the Work. H. WORK STOPPAGE, TERMINATION OF CONTRACT BY CONTRACTOR Contractor shall have the right to stop all Work on the project and keep the job idle if (1) payments are not made to Contractor in accordance with the Payment Terms in this Agreement, or if (2) Owner repeatedly fails or refuses to furnish Contractor with access to the job site and /or product selections or information necessary for the advancement of Contractor's Work. Simultaneous with stopping Work on the project, the Contractor must give Owner written notice of the nature of Owner's default and must also give the Owner a fourteen (14) day period in which to cure this default. If Work is stopped due to any of the above reasons (or for any other material breach of contract by Owner) for a period of 14 days, and the Owner has failed to take significant steps to cure his default, then Contractor may, without prejudicing any other remedies Contractor may have, give written notice of termination of the Agreement to Owner and demand payment for all completed Work and materials ordered through the date of Work Stoppage, and any other loss sustained by Contractor, including Contractor's overhead and profit at the rate of 25% on the balance of the incomplete Work under the Agreement. Payment for this final invoice is due within 7 days of submittal of invoice by Contractor. Thereafter, Contractor is relieved from all other contractual duties, including all Punch List and Warranty Work. If the contract is terminated and Owner pays all outstanding balances owed to Contractor, then materials ordered through the date of Work Stoppage become the property of Owner. I. TERMINATION OF CONTRACT BY OWNER The Owner shall have the right to initiate termination this Agreement if (1) the job remains idle for longer than fourteen (14) consecutive days after the Work has been started without reasonable written notification of the cause of the Work Stoppage by Contractor to Owner, or if (2) the Contractor repeatedly fails to perform the Work according to the Contract Documents. The Owner must give the Contractor written notice of the nature of the Contractor's default and must also give the Contractor a 14 -day period in which to cure this default. If the Contractor fails to take significant steps to cure his default within the 14 -day period, the Owner may give written notice to Contractor of Owner's desire to terminate this Agreement. Upon receipt of the Owner's written notice of desire to terminate this Agreement, the Contractor has 14 days to respond with an invoice for payment for all Work completed and materials ordered through the date of Work Stoppage. Payment for this final invoice is due within 7 days of submittal of invoice by Contractor. After payment of final invoice Owner may terminate this Agreement and Contractor is relieved from all other contractual duties, including all Punch List and Warranty Work. If the contract is terminated and Owner pays all outstanding balances owed to Contractor, then materials ordered through the date of Work Stoppage become the property of Owner. The Contractor shall not be responsible for any incidental or consequential damages incurred by Owner as a result of such termination. J. DISPUTE RESOLUTION The parties agree that Massachusetts law shall control this Agreement and jurisdiction is proper in the Massachusetts Superior Court. Any controversy or claim arising out of or related to this Agreement involving an amount of less than the maximum limit of the small claims court must be heard in the Small Claims Division of the district where the Contractor's office is located. Any controversy or claim arising out of or related to this Agreement which is over the dollar limit of the Small Claims Court shall be settled by binding arbitration administered by the American Page 7 of 8 InitialsJ�4zg�& Arbitration Association in accordance with the Construction Industry Arbitration Rules. The parties agree that mediation administered by the American Arbitration Association in accordance with the Construction Industry Arbitration Rules shall be a condition precedent to arbitration. Judgment upon the award may be entered in any Court having jurisdiction thereof. K. ENTIRE AGREEMENT, SEVERABILITY, AND MODIFICATION This Agreement represents and contains the entire agreement between the parties. Prior discussions or verbal representations by the parties 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 must be executed in writing in order to be valid and binding upon the parties. M. EXPIRATION OF THIS AGREEMENT This Agreement will expire 30 days after the date at the top of page one of this Agreement if not accepted in writing by Owner and returned to Contractor within that time. O. OWNER'S 3 -DAY RIGHT OF RECISION The Owner may cancel this agreement with no further obligations by notifying the Contractor in writing that they wish to cancel the agreement within 3 business days of the date they signed the agreement. I have read and understood, and I agree to, all the terms and conditions contained in the Agreement above. ate Stephen . Howell, President Howell Custom Building Group, Inc. a ate Owne 1a4 teOwnr Page 8 of 8 ' Initials3,Pt ,;�- — Boar uildin keg R,6 end S` an l rd� g g One Ashburton Place - Room 1301 Boston, Massachusetts 02108 Home Improvement Contractor Registration HOWELL DESIGN & BUILD STEPHEN HOWELL 360 MERRIMACK ST. LAWRENCE, MA 01843 DPS-CA1 0 50M-07/07-PC8490 Boa�'d�ofB'ffegula ioZ d%4e dardP HOME IMPROVEMENT CONTRACTOR 360 MERRIMACK ST,,,Q LAWRENCE, MA 01843 Administrator Registration: 123237 Type: Public Corporation Expiration: 1/10/2011 Tr# 278817 Update Address and return card. Mark reason for change. E] Address F� Renewal F� Employment F—] Lost Card License or registration valid for individul use only before the expiration date. If found return to: Board of Building Regulations and Standards One Ashburton Place Rm 1301 Boston, Ma. 02108 of valid without signature N9assacbusetts - Department of Public S"tfeth Board of Builclin�g Regulations and Standards _ Construction Supervisor License License: CS 68232 Restricted to: 00 STEPHEN D HOWELL 15 MT VERNON RD BOXFORD, MA 01921 (bmmissioner Expiration: 2/14/2012 Tr#: 18110 ACM CERTIFICATE OF LIABILITY INSURANCE OP ID KG HOWEL-2 DATE(MMIDD/YYYY) 05/27/10 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Thomas Gregory Associates Inc. 601 Edgewater Drive S235 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Wakefield MA 01880 LIMITS Phone: 781-914-1000 Fax:781-246-2601 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Harleysville Ins. 26182 INSURER B: Atlantic Charter Insurance Co. Howell Custom Building Group Steve Howell 360 Merrimack Street Bldg 5 4N Lawrence MA 01843 INSURER C: INSURER D: INSURER E: X COMMERCIAL GENERAL LIABILITY CLAIMS MADE X❑ OCCUR 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 CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER OLICY E FECTI E DATE MMIDD POLICY EXPIRATION DATE MWDDIYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE X❑ OCCUR NPA0000095617C 06/01/10 06/01/11 PREMISES Eaoccurence $ 500,000 MED EXP (Any one person) $5,000 PERSONAL &ADV INJURY $1,000,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG s2, 0 00,000 PRO- X I POLICY 7 JECT LOC EBL 1,000 000 AUTOMOBILE LIABILITY A ANY AUTO BA0000095618C 06/01/10 06/01/11 COMBINED SINGLE LIMIT $ 1 000 000 (Ea accident) > > ALL OWNED AUTOS X SCHEDULED AUTOS BODILY INJURY (Per person) $ X X HIRED AUTOS NON -OWNED AUTOS BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ . (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ A EXCESSIUMBRELLA LIABILITY OCCUR CLAIMSMADE CNB0000095620C 06/01/10. 06/01/11 EACH OCCURRENCE 1$1,000,000 AGGREGATE $1,000,000 $ ODEDUCTIBLE $ x RETENTION $10,000 $ B WORKERS COMPENSATION ANDX EMP LOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE WCA00120707 06/01/10 06/01/11 TORY LIMITS ER E.L. EACH ACCIDENT $ 500 000 r OFFICERIMEMBEREXCLUDED? If yes, describe under 10 DAYS NOTICE CANCEL E.L. DISEASE -EA EMPLOYEE $500 000 E.L. DISEASE - POLICY LIMIT $ 500 , 00 0 SPECIAL PROVISIONS below OTHER vraa.Rir i wiv 0r 0FERN i i0NS i L 0CAT i0NS i VEHICLES !EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Evidence of insurance. CERTIFICATE HOLDER CANCELLATION Town of North Andover Building Dept. 978-688-9542 1600 Osgood Street North Andover MA 01845 ACORD 25 (2001108) NANDOVE, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ©ACORD CORPORATION 1988