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HomeMy WebLinkAboutBuilding Permit #631-12 - 193 LACY STREET 3/5/2012TOWN OF NORTH ANDOVER APPLICATION FOR PLAN EXAMINATION Permit NO: �31-12_ Date Issued: ' SS, 12 Date Received IMPORTANT: Applicant must complete all items on this pa-ae LOCATION &3 4& 4 Z55 _ _ Print PROPERTY OWNER �5Ar DS- �SSfC4 Pbf-TT G� L Unit # Print MAP NO: P5�PARCEL: ZONING DISTRICT: Historic District ye no Machine Shop Village ye no 100 year-old structure ye no TYPE OF IMPROVEMENT PROPOSED USE Residential Non- Residential ❑ New Building KOne family ❑ Addition 0 Two or more family ❑ Industrial Alteration No. of units: ❑ Commercial ❑ Repair, replacement ❑ Assessory Bldg ❑ Others: ❑ Demolition ❑ Other DTSepQW, �®Well ® loodplam © e s 0 Wa shed D' n t . D Water /Sewer DESCRIPTION OF WORK TO BE PERFORMED: r 1'6-6 /IIPw _ / � � T ,—' /1e�r� Ue���L •43oue 4�7el (Identification Please Type or Print Clearly) OWNER: Name: �",4do(_3�- ;ZVfss<<4- PL4TrA-1eK Phone: 2Z?-663—�_3� Address: /g3 C y ST CONTRACTOR Name: P / N'i Phone: Address:0 • 5 S���e� Supervisor's Construction License: Exp. Date: /a3 r��I 2 -- Home Home Improvement License: f�f de �� iel Exp. Date: o 43 ARCHITECT/ENGINEER _ _. Phone: Address: Reg. No. FEE SCHEDULE. BULDING PERMIT. $92.00 PER $9000.00 OF THE TOTAL ESTIMATED COSTBASED ON $925.00 PER S.F. Total Project Cost: $ FEE: $ Check No.: llqg Receipt No.: NOTE: Persons contracting with unregistered contractorsle-rt�t igvf� guaranty fund 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 PLANNING & DEVELOPMENTEl COMMEN DATE APPROVED CONSERVATION Reviewed on Signature COMMENTS HEALTH Reviewed on Signature COMMENTS Zoning Board of Appeals: Variance, Petition No: Zoning Decisionfreceipt submitted yes Planning Board Decision: Comments Conservation Decision: Comme Water & Sewer Connection/Signature & Date Driveway Permit DPW Town Engineer: Signature: Located 384 Osgood Street FIRE DEPARTMENT - Temp Dempster 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.$100-$1000 fine NOTES and DATA — For department use ❑ Notified for pickup - Date 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 ❑ 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) o 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: Doc.Building Permit Revised 2008mi Location O�) 1&!�, .�r L No. 01— Iz-- Date TOWN OF NORTH ANDOVER Certificate of Occupancy $ Building/Frame Permit Fee $ 1. C A, Foundation Permit Fee co Other Permit Fee $ TOTAL Check # N 25065 Building Inspector 2/4n0, 2 2/4no12 93 �" - Xa 2/4n072 iaiLrd,/ ve AJ -e �e rg� /1'ldtc9 7-e � Avew C✓1c7w.v j'ltoLAn�% 7 2e `-Ilu (sk tc)oop-> /C-Zoo�S , 6 `v V Lull 0 CL z rA s? x av b O w 2 cn O w O w .G U G w a a p w G w o w ►� p c� c� _ C13as w p u p cL' G u: w c4 ° z cn Q cn N t r�+ N O N ClC cm m Cf c 32 m O C_ �C N m t Z 0 4 U OI FLI 2 O as O co L O v Z co O. O CO) o c co cm ClCA CDL4 w — •E m m CD O O O' a CM< co c CD c O CD c Z ts ai L.i CO) c c c cc LU 0 LU cc W W 19 W cn c c a o c v o` 'C co _O C n-� O CJ C.7 :ac _ ca as CO c o � C13 'ECLa � t N :...�: E C m C3 o !!+ cm v m C .mm F" O N m N cm m m O A 'O 't C N R E m ,c m o av az L con, CL m o� y La Z . CL H r coo W C 0 O=..�.0 •N � O.Z � C v .m .. 40 o c CL o FEca 1 2 _4— ar=.. m N t r�+ N O N ClC cm m Cf c 32 m O C_ �C N m t Z 0 4 U OI FLI 2 O as O co L O v Z co O. O CO) o c co cm ClCA CDL4 w — •E m m CD O O O' a CM< co c CD c O CD c Z ts ai L.i CO) c c c cc LU 0 LU cc W W 19 W cn The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street itiru / g Boston, MA 02111 r 'Ia www.massgov/dia . Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information �-�/ /� Please Print LW&N Name (Business/Organization/Individual): 14M M C 1t) S7�/ L< T lD�' Address: 7U City/State/Zip: L4,4_1 V s / e. 4 b 4) � Phone #: 60 3 r- 32 Are you an employer? Check the appropriate box: Type of project (required): 1. ❑ 1 am a employer with 4. ❑ 1 am a general contractor and i 6. n New construction employees (full and/or part-time),* 2. F1 I am a sole proprietor or partner- have hired the sub -contractors listed on the attached sheet. I �• � Remodeling ship and have no employees These sub -contractors have 8. [] Demolition working for me in any capacity. workers' comp. insurance. 9. ❑ Building addition [No workers' comp. insurance 5. rk We are a corporation and its 10. [Z Electrical repairs or additions required.] officers have exercised their 3. ❑ i am a homeowner doing all work right of exemption per MGL 1 I.0 Plumbing repairs or additions myself. [No workers' comp. c. 152, § 1(4), and we have no 12.1 Roof repairs insurance required.] t .employees. [No workers' 1311 Other comp. insurance required.] *Any applicant that checks bort # I must also fill out the section below showing their workers' compensation policy information, t homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit anew affidavit indicating such. $Contractors that check this box must attached an additional sheet showing the name of the sub-contractots and their workers' comp. policy information. I am an employer that is providing workers' compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name: Policy # or Self -ins. Lic. #: Expiration Date: Job Site Address: City/State/Zip: 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 of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certify under the pt rns andpP�talti s of perjury that the information provided above is true and correct / D__ Phone #: 603 -- -39? - 6-05? Ofltcial use only. Do not write in this area, to be completed by city or town of ciaL City or Town: Permit/License # Issuing Authority (circle one): 1. Board of Health 2. Building Department 3. City/Town Clerk 4. Electrical Inspector 5. Plumbing Inspector 6.Other Contact Person: Phone #: Office of Consumer Affairs and Business Regulation Plaza -Suite 5170 L11 p, Bostoni Massachusetts 02116 Contractor Registration Home Improvement Contr� Reqistration: 169901 Type: Private corporatioOn 215954 T Expiration: 8/16/20133 L&M CRDSMR CHELL IONINC. RICHA P. 0. BOX 556 HAMPSTEAD, AMPSTEAD, NH 03841 d. Mark reason for change, Address and return car Update Renewal [] ErnploYment Lost Card Aeoress SGA I �o 20M-05/11 husetts - Department of public SafetN Nlass;tc l(lin-, Reg J�jfions and Standards Board of Bui �u Construction Suoer'/Isc' License License: CS 96471 RICHARD MITCHELL 21 BLUEBERRY CIRCLE HAMPSTEAD, NH 03841 Expiration: 1012312012 Tr#-. 6030 L&M CONSTRUCTION INC. - A NH Corporation PO BOX 556 - Mailing Address 21 Blueberry Circle - Office Location HAMPSTEAD, NH. 03841 603-329-5099 E-MAIL: ImrmlC@comcast.net WEB: www.landmconstructioninc.com LIC #: MA. CS. 96471 MA. HIC # 169901 MA. DOS. Lead Safe Waiver # LW000777 DATE: February 27, 2012 OWNER'S NAME: Jacob & Jessica Plattner, 193 Lacy St., N. Andover, MA. 01845 PROJECT ADDRESS: Same as above I. PARTIES This contract (hereinafter referred to As "Agreement's is made and entered into on this 27th day of February 20 12 , by and between Jacob & Jessica Plattner, (hereinafter referred to as "Owner"); and L&M Construction Inc. a NH. Registered Corporation , (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 Remodel Den - Remove the existing casing from the two windows and the two door openings. Release the baseboard heat from the walls so that the existing T&G wainscoting can be removed from the walls. Re -attach the baseboard to a trim board behind the baseboard radiation to fill in the void from the wainscoting. Remove the existing drywall from the ceiling and walls. Remove the existing mantel and demo the existing brick veneer from the wall above the fireplace mantel height. Supply and install new 1/2" drywall on the walls and ceiling. Seal the walls and ceiling with primer sealer and apply two coats of latex paint (eggshell or flat finish) to the walls and one coat of flat ceiling white to the ceiling. Supply and install new 5 1/4" speed base molding. Supply and install new 2 1/4" casing to the windows and door openings. Supply and install a new wood mantel (paint grade) on the fireplace (based on the photos that Jessica provided). Supply and install new tile surface over the Contractor1"er ner 2 existing brick on the face and hearth of the fireplace. Paint all of the new woodwork as well as the door jambs and windows with 2 coats of white latex semi gloss paint. Sand, stain and re finish the existing hardwood floor in the den. Clean up daily and remove all demolition debris from the jobsite. Final cleaning to include vacuuming, dusting and cleaning of the two windows (interior). The home was built prior to 1978. Owners were given EPA Renovate Right Booklet. Owners have chosen to have Titan Lead Testing LLC do a comprehensive lead test in the entire house for a cost of $325.00. L&M will apply $185.00 toward the testing and deduct it from the total cost of the job. Additional Work Provided: Hardwood Floors - Sand, stain and refinish all of the remaining hardwood floors including the stairs. TV and speaker wiring including 35' HDMI cable. 4 new recessed can lights with 2 new 3way switches. One at the foyer entrance and one at the kitchen entrance. Cost for Electrical permit to be added to the total. Grand Total: $15,956.26 (Additional Scope of work pages) attached: X Yes No) See pages 1,2,3 & 4 below - Titled Estimate: PLATTNER REV1 A. LUMP SUM PRICE FOR ALL WORK ABOVE* $ 15,956.26 * This Agreement will expire 15 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. —`� Contractor��er er V/ 1 LM CONSTRUCTION L&M Construction Inc., PO Box 556, Hampstead, NH. 03841 PO Box 556 Hampstead, NH. 03841 603-329-5099 InirmI@comcast.net www.landmeonstructioninc.com Client: Jacob & Jessica Plattner Home: 193 Lacy St North Andover, MA 01845 Property: 193 Lacy St N. Andover, MA 01845 Operator Info: Operator: RICK Estimator: Rick Mitchell Business: PO Box 556 Hampstead, NH 03841 Date Entered: 2/13/2012 2:39 PM Date Job Began: 2/13/2012 2:00 PM Price List: MAEM7R_FEB 12 Labor Efficiency: Remodel Estimate: PLATTNERREVI Date Job Contracted: 2/13/2012 Date Job Completed: Home: (978) 683-4839 Business: (603) 329-5099 ESTIMATE SUBMITTED TO: Jacob & Jessica Plattner, 193 Lacy st., N.Andover, MA. 01845 FOR WORK PERFORMED AT: Same as above. SCOPE OF WORK: Remodel Den - Remove the existing casing from the two windows and the two door openings. Release the baseboard heat from the walls so that the existing T&G wainscotting can be removed from the walls. Re -attach the baseboard to a trim board behind the baseboard radiatiion to fill in the void from the wainscotting. Remove the existing drywall from the ceiling and wails. Remove the existing mantel and demo the existing brick veneer from the wall above the fireplace mantel height. Supply and install new 1/2" drywall on the walls and ceiling. Seal the walls and ceiling with primer sealer and apply two coats of latex paint (eggshell or flat finish) to the walls and one coat of flat ceiling white to the ceiling. Supply and install new 5 1/4" speed base molding. Supply and install new 2 1/4" casing to the windows and door openings. Supply and install a new wood mantel (paint grade) on the fireplace (based on the photos that Jessica provided). Supply and install new tile surface over the existing brick on the face and hearth of the fireplace. Paint all of the new woodwork as well as the door jambs and windows with 2 coats of white latex semi gloss paint. Sand, stain and re finish the existing hardwood floor in the den. Clean up daily and remove all demolition debris from the jobsite. Final cleaning to include vacuuming, dusting and cleaning of the two windows (interior). The home was built prior to 1978. Owners were given EPA Renovate Right Booklet. Owners have chosen to have Titan Lead Testing LLC do a comprehensive lead test in the entire house for a cost of $325.00. L&M will apply $185.00 toward the testing and deduct it from the total cost of the job. W 1 L&M CONSTRUCTION L&M Construction Inc., PO Box 556, Hampstead, NH. 03841 PO Box 556 Hampstead, NH. 03841 603-329-5099 ImnnI@comcast.net www.landmconstructioninc.com Additional Estmates Provided: Hardwood Floors - Sand, stain and re finish all of the remaining hardwood floors including the stairs. TV and speaker wiring including 35' HDMI cable. 4 new recessed can lights with 2 new 3way switches. One at the foyer entrance and one at the kitchen entrance. PLATTNERREV 1 2/25/2012 Page: 2 tlz�\ LM CONSTRUCTION L&M Construction Inc., PO Box 556, Hampstead, NH. 03841 PO Box 556 Hampstead, NH. 03841 603-329-5099 Imrml@comeast.net www.landmconstructioninc.com PLATTNERREVI Den DESCRIPTION QNTY 1. Contents - move out then reset - Large room 1.00 EA 2. Dust control barrier per square foot 70.00 SF 3. Peel & seal zipper 1.00 EA 4. Remove casing - Den side of both cased openings and both windows. 70.00 LF 5. Detach & Reset Baseboard heat - steam or hot water - Release baseboard heat and re -attach anfter new 16.00 LF drywall is installed. 6. Remove T & G paneling - Remove wainscott paneling from walls. 125.00 SF 7. Remove drywall up to 5/8" 558.00 SF 8. Remove fireplace face - brick or stone 15.00 SF 9. Remove fireplace mantel - wood beam or shelf only (per LF) 5.00 LF 10. 1/2" drywall - hung, taped, floated, ready for paint 670.00 SF 11. Fireplace mantel - paint grade - custom 1.00 EA 12. Ceramic tile - Fireplace hearth & wall up to mantel. Prep for tile on brick, apply tile and grout. $250.00 24.00 SF allowance to purchase tile, grout and mastic. 13. Casing - 2 1/4" - trim out both windows and the den side of the cased openings. 70.00 LF 14. Crown molding - 3 1/4" 58.00 LF 15. Baseboard - 5 1/4" - Pre primed speed base. 32.00 LF 16. Trim board - V x 8" - installed (pine) - Install behind baseboard heat after the new drywall is installed. 16.00 LF 17. Seal/prime then paint the surface area (2 coats) - Ceiling 207.00 SF 18. Seal/prime then paint twice (3 coats) - Walls- One coat of primer sealer and 2 coats of latex paint. 352.00 SF Eggshell finish. 19. Paint baseboard, 5 1/4" - two coats - White semi gloss. 32.00 LF 20. Paint crown molding - two coats - White semi gloss. 58.00 LF 21. Paint door trim & jamb - 2 coats (per side) Two cased openings - both sides. 4.00 EA 22. Paint window trim & jamb - 2 coats (per side) - Two windows. 1.00 EA 23. Paint wood window (per side) - Two windows - Interior only. 2.00 EA 24. Seal & paint fireplace mantel 13.00 LF 25. Seal & paint trim - two coats - trim board behind the baseboard radiation. 16.00 LF 26. Electrical - Special Systems - Mount Owners flat screen TV over the fireplace mantel on the Owner 1.00 EA supplied bracket. 27. Sand, stain, and finish wood floor 207.00 SF 28. Clean window unit (per side) 10 - 20 SF - Interior only. 2.00 EA 29. Final cleaning - construction - Residential 207.00 SF 30. Single axle dump trailer - per load - including dump fees 1.00 EA Floor Coverings DESCRIPTION QNTY 31. Sand, stain, and finish steps - Remove carpet and discard. Sand, stain (one coat) and apply 2 coats of 36.00 LF polyurethane. 32. Sand, stain, and finish wood floor - 1 coat of poly/stain and 2 coats of polyurethane. 1,174.00 SF PLATTNERREVI 2/25/2012 Page: 3 t<PN L&M Construction Inc., PO Box 556, Hampstead, NH. 03841 LMHa Box 556, Hampsteadd, NH. 03841 corvsrnucriory 603-329-5099 Ininnl@comcast.net www.landmconstructioninc.com Electrical DESCRIPTION QNTY 33. 110 volt copper wiring run, box and outlet - Install 110 outlet above fireplace. 1.00 EA 34. CATV outlet - Install cable outlet at new AV location. 1.00 EA 35. HDMI cable from AV location to new TV location above the fireplace mantel - Maximum 35' run. 1.00 EA 36. 12/2 high strand speaker wiring run, box and terminal - 6 new home runs from the AV location. 6.00 EA 37. Speaker outlet 6.00 EA 38. 110 volt copper wiring run and box - rough in only - 110 feed for the new recessed lights. we are 1.00 EA assuming we can pick up a feed in the room for the power to the new recessed lights. If we have to run a new circuit back to the electrical panel the cost will be higher. 39. Switch - 3 way - two switch locations for the new recessed can lights. 2.00 EA 40. Recessed light fixture - High grade 4.00 EA Grand Total 15,956.27 Rick Mitchell EXCLUSIONS: Building Permit Fees, We are assuming that all lead paint tests in the work area will be negative for lead. Moving of personal property during floor refinish. We did not include removing personal property from the closets or moving and storing furniture. We will help move large furniture as necessary. LUMP SUM: $15,956.26 PRICE BREAKDOWN: Den - $8617.66 Remainder of the wood flooring/stairs - $5623.66 Electrical TV & speakers - $1005.91 Recessed cans - $709.03 Sincerely, Rick Mitchell, President L&M Construction Inc PLATTNERREVI 2/25/2012 Page: 4 3 All materials supplied by the contractor and not used in connection with the performance of the work hereunder, are and remain the property of the contractor, (except for allowance items) and may be removed from the premises of the owner with out the permission of the same. In no event will an adjustment in the contract price be made unless agreed to in advance of such removal by the parties hereunder. B. NOTES AND CLARIFICATIONS If any conflict should arise between the plans, specifications, addenda to plans, and this Agreement, then the terms and conditions of this Agreement shall be controlling and binding upon the parties to this Agreement. III. GENERAL CONDITIONS FOR THE AGREEMENT ABOVE A. EXCLUSIONS This Agreement does not include labor or materials for the following work: I. PROJECT -SPECIFIC EXCLUSIONS: Building Permit Fees. Lead paint RRP procedures for demolition. Home will be tested for lead by Titan Lead Testing LLC. We are assuming that the results will be negative for lead paint in the work areas. In the event that there is lead paint then we will have to use EPA Lead Paint RRP precautions and additional cost will be incurred. 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, or governmental permits and fees of any kind. Additional work required by governmental plan checkers on final "Red Lined" Job copy of plans that are yet to be issued. Testing, removal and disposal of any materials containing asbestos (or any other hazardous material as defined by the EPA). Custom milling of any wood for use in project. Moving Owner's property around the site. 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. Temporary sanitation, power, or fencing. Removal of soils under house in order to Contractor O ner O r E! obtain 18 inches (or code -required height) of clear space between bottom of joists and soil. Removal of filled ground or rock or any other materials not removable by ordinary hand tools (unless heavy equipment is specified in Scope of Work section above), removal from jobsite of excess soil or fill after the excavation for footings or foundations, correction of existing out -of -plumb or out -of -level conditions in existing structure. Correction of concealed substandard framing. Rerouting/removal of vents, pipes, ducts, structural members, wiring or conduits, steel mesh 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. Construction of a continuously level foundation around structure (if lot is sloped more than 6 inches from front to back or side to side, Contractor will step the foundation in accordance with the slope of the lot). 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 correcting errors and omissions by the Owner's design professionals and separate contractors. Cost of correcting/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 conditions during excavation. Extra costs associated with refusal of caisson drilling, cave- ins, etc. Cost to modify and/or remanufacture custom brackets and other custom -fabricated materials that are manufactured per plans and/or specifications but do not fit properly into the structure. B. DATE OF WORK COMMENCEMENT AND SUBSTANTIAL COMPLETION Commence work: on or before March 12, 2012 . Construction time through substantial completion: Approximately 3 weeks,(den remodel) 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. 7 RVLni_ Contractor er O r A 5 Completing the additional wood floor throughout the entire home will be scheduled separately. 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. 2. 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 design professional, Owner's agent, or governmental plan checkers or field building inspectors) will be treated as Additional Work under this Agreement resulting in an additional charge to Owner as set forth herein. Contractor and Owner may execute a Change Order for this Additional Work. Contractor to supervise, coordinate, and charge NA % profit and overhead on the following: all Additional Work under this Agreement, Additional Work caused by concealed conditions, all overages on ALLOWANCE work, all Owner -furnished materials, and all work of Owner's separate contractors who are working on site at same time as Contractor (any time in between when Contractor has commenced work and when the work is 100% complete by Contractor). The amount of the Additional Work will be reasonably determined by the Contractor. 2a. Exceptions to the Contractor charging profit and overhead on Owner - supplied materials and Owner's separate contractors are strictly limited to the following: NA –— Contractor O ner ON er 2 2b. 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). 3. RATES CHARGED FOR ALLOWANCE -ONLY AND TIME -AND - MATERIALS WORK: Carpenter: $_ IA per hour; Apprentice Carpenter: $ NA per hour; Laborer: $ NA per hour; Contractor: $ NA per hour; Subcontractor: Amount charged by Subcontractor. Note: Contractor will charge for profit and overhead at the rate of NA % on all work performed on a Time -and -Materials basis (on both materials and labor rates set forth in Section III.C. of this Agreement) and on all costs that exceed specifically stated ALLOWANCE estimates in the Agreement. D. PAYMENT SCHEDULE AND PAYMENT TERMS 1. PAYMENT SCHEDULE: * First Payment: $1600.00 due when contract is signed and returned to Contractor. $1600.00 - $185.00(lead test) = $1415.00 * Second Payment: Upon substantial completion of the demolition, Rough wiring & drywall hung. $3566.00 * Third Payment: Upon substantial completion of drywall, finish carpentry including the mantel. 3566.00 * Fourth Payment: Upon substantial completion of the painting, finish electrical, and wood floor (den) finished, town electrical inspection complete. $1600.60 * Fifth Payment: Upon start of the remaining wood floor sand & finish. $1875.00 * Sixth Payment: Upon first floor completion or at least 50% of the remaining wood floor complete. $1875.00 * Final Payment: Upon completion of all wood floors including stairs. $1873.66 Contractor O#nlr O er * Interest in the amount of 1% per month will be charged on all late payments under this Agreement. All payments due within 3 business days of a written or verbal request upon substantial completion of each of the work phases listed above. 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. 3. ADDITIONAL PAYMENTS FOR ALLOWANCE WORK AND RELATED CREDITS: Payment for work designated in the Agreement as ALLOWANCE work has been initially factored into the Lump Sum Price and Payment Schedule set forth in this Agreement. If the final amount of the ALLOWANCE work exceeds the line item ALLOWANCE amount in the Agreement, the difference between the final amount and the line item ALLOWANCE amount stated in the Agreement will be treated as Additional Work and is subject to Contractor's profit and overhead at the rate of NA %. If the final amount of the ALLOWANCE work is less than the ALLOWANCE line item amount listed in the Agreement, a credit will be issued to Owner after all billings related to this particular line item ALLOWANCE work have been received by Contractor. This credit will be applied toward the final payment owing under the Agreement. Contractor profit and overhead and any supervisory labor will not be credited back to Owner for ALLOWANCE work. 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 at the address on page one of this Agreement in writing for warranty service immediately upon discovering an item in need of warranty service. If the matter is urgent, you must also call the Contractor and send written notice of the need for warranty service. Failure to notify the Contractor of the need for warranty service within ten days of discovery — V - Contractor er O er E:3 of a warranty item may void this warranty. 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 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. THE EXPRESS WARRANTIES CONTAINED HEREIN ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, HABITABILITY, OR FITNESS FOR A PARTICULAR USE OR PURPOSE. THIS LIMITED WARRANTY EXCLUDES CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES AND LIMITS THE DURATION OF IMPLIED WARRANTIES TO THE FULLEST EXTENT PERMISSIBLE UNDER STATE AND FEDERAL LAW. SOME STATES RESTRICT LIMITATIONS ON VARIOUS WARRANTIES, AND SO A CONSUMER'S RIGHTS UNDER THIS WARRANTY MAY VARY. THIS LIMITED WARRANTY MAY NOT BE VERBALLY MODIFIED BY ANY PERSON. THIS LIMITED WARRANTY IS GOVERNED BY THE LAWS OF THE STATE WHERE THE WORK WAS PERFORMED. De- -_IContractor ner O ner Y � . ti 11 � 0 F. INSURANCE Owner shall pay for and maintain "Course of Construction" or "Builder's Risk" or any other insurance that provides the same type of coverage to the Contractor's work in progress during the course of the project. It's the Owner's express responsibility to insure the dwelling and all work in progress against all damage caused by fire and Acts of God such as earthquakes, floods, etc. (ie. Homeowners Insurance) Contractor shall carry all insurance as required by law including, Public Liability, Workman's Comuensation, and motor vehicle insurance. G. 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, or if 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 material breach of this Agreement and must also give the Owner a 14 -day period in which to cure this breach of contract. Owner to follow this same notice procedure with Contractor if Owner alleges Contractor is in material breach of this Agreement. 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 reasonable loss sustained by Contractor, including Contractor's Profit and Overhead at the rate of NA % on the balance of the incomplete work under the Agreement. Thereafter, Contractor is relieved from all other contractual duties, including all Punch List and warranty work. H. 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 Contractor's office is located. �/V Vr Contractor O r O er 10 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. The prevailing party in any legal proceeding related to this Agreement shall be entitled to payment of reasonable attorney's fees, costs, and post -judgment interest at the legal rate. CONTRACTS FOR WORK IN MASSACHUSETTS: The Contractor and the Owner hereby mutually agree in advance that in the event that the contractor has a dispute concerning this contract, the contractor may submit such dispute to a private arbitration service which has been approved by the Office of Consumer Affairs and Business Regulation and the consumer shall be required to submit to such arbitration as provided in Notice: The signatures of the parties above apply only to the agreement of the parties to alternate dispute resolution initiated by the contractor. The Owner may initiate alternative dispute resolution even where this section is not signed separately by the parties I. 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 Contractor O ner Twner 11 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. J. ADDITIONAL LEGAL NOTICES REQUIRED BY STATE OR FEDERAL LAW See page(s) attached: X Yes No Three Day Right Of Rescission - Notice of Cancellation of Contract Confirmation of receipt of the EPA - RENOVATE RIGHT BROCHURE - Lead Safe Building Practices. You must sign this form prior to the start of any work. OWNER: Date: 2-P61/2— K. -Z6 2— K. ADDITIONAL TERMS AND CONDITIONS See page(s) attached: Yes X No I have read and understood, and I agree to, all the terms and conditions contained in the Agreement above. DO NOT SIGN THIS CONTRACT IF THERE ARE ANY BLANK SPACES. ,. DATE CONTRACTOR'S SIGNATURE Z Z Z C_ _ DATE OW R'S SIGNATURE -L 124 I'L fA3a�: DATE OW R'S SIGNATURE Contractor O er 01. er �1 . t 12 NOTICE OF RIGHT TO CANCEL UNDER REGULATION Z To: Jacob & Jessica Plattner, 193 Lacy St., North Andover, MA. 01845 Re: Your right to cancel Project You are entering into a transaction that will result in a security interest being placed on your home. You have a legal right under federal law to cancel this transaction, without cost, within three business days from whichever of the following events occurs last: (1) The date of the transaction, which is 2/27/2012, or (2) The date you receive your Truth in Lending disclosures, or (3) The date you receive this notice of your right to cancel. If you cancel this transaction, the security interest is also cancelled. Within 20 calendar days after we receive your notice, we must take the steps necessary to reflect the fact that the security interest on your home has been cancelled, and we must return to you any money or property you have given us or to anyone else in connection with this transaction. You may keep any money or property we have given you until we have done the things mentioned above, but you must then offer to return the money or property. If it is impractical or unfair for you to return the property, you must offer its reasonable value. You may offer to return the property at your home or at the location of the property. Money must be returned to the address below. If we do not take possession of the money or property within 20 calendar days of your offer, you may keep it without further obligation. How to cancel: If you decide to cancel this transaction, you may do so by notifying us in writing at: L&M Construction Inc PO Box 556 Hampstead, NH. 03841 603-329-5099 You may use any written statement that is signed and dated by you and states your intention to cancel, or you may use this notice by dating and signing below. Keep one copy of this notice because it contains important information about your rights. > � (V — 1 r Contractor er O er 13 If you cancel by mail or telegram, you must send the notice no later than midnight of 3/2/2012 (midnight of the third business day following the latest of the three events listed above). If you send or deliver your written notice to cancel some other way, it must be delivered to the above address no later than that time. I WISH TO CANCEL. Signature Date See the next page for important information about what happens if this agreement is cancelled. Notice Required by 12 Code of Federal Regulation Section 226.15(d), Effects of Rescission (1) When a consumer rescinds a transaction, the security interest giving rise to the right of rescission becomes void, and the consumer shall not be liable for any amount, including any finance charge. (2) Within 20 calendar days after receipt of a notice of rescission, the creditor shall return any money or property that has been given to anyone in connection with the transaction and shall take any action necessary to reflect the termination of the security interest. (3) If the creditor has delivered any money or property, the consumer may retain possession until the creditor has met its obligation under paragraph (d)(2) of this section. When the creditor has complied with that paragraph, the consumer shall tender the money or property to the creditor or, where the latter would be impracticable or inequitable, tender its reasonable value. At the consumer's option, tender of property may be made at the location of the property or at the consumer's residence. Tender of money must be made at the creditor's designated place of business. If the creditor does not take possession of the money or property within 20 calendar days after the consumer's tender, the consumer may keep it without further obligation. V—VContractor O her O er 14 NOTICE OF RIGHT TO CANCEL UNDER REGULATION Z To: Jacob & Jessica Plattner, 193 Lacy St., North Andover, MA. 01845 Re: Your right to cancel Project You are entering into a transaction that will result in a security interest being placed on your home. You have a legal right under federal law to cancel this transaction, without cost, within three business days from whichever of the following events occurs last: (1) The date of the transaction, which is 2/27/2012, or (2) The date you receive your Truth in Lending disclosures, or (3) The date you receive this notice of your right to cancel. If you cancel this transaction, the security interest is also cancelled. Within 20 calendar days after we receive your notice, we must take the steps necessary to reflect the fact that the security interest on your home has been cancelled, and we must return to you any money or property you have given us or to anyone else in connection with this transaction. You may keep any money or property we have given you until we have done the things mentioned above, but you must then offer to return the money or property. If it is impractical or unfair for you to return the property, you must offer its reasonable value. You may offer to return the property at your home or at the location of the property. Money must be returned to the address below. If we do not take possession of the money or property within 20 calendar days of your offer, you may keep it without further obligation. How to cancel: If you decide to cancel this transaction, you may do so by notifying us in writing at: L&M Construction Inc PO Box 556 Hampstead, NH. 03841 603-329-5099 You may use any written statement that is signed and dated by you and states your intention to cancel, or you may use this notice by dating and signing below. Keep one copy of this notice because it contains important information about your rights. -V Contractor er r er M, If you cancel by mail or telegram, you must send the notice no later than midnight of 3/2/2012 (midnight of the third business day following the latest of the three events listed above). If you send or deliver your written notice to cancel some other way, it must be delivered to the above address no later than that time. I WISH TO CANCEL. Signature Date See the next page for important information about what happens if this agreement is cancelled. Notice Required by 12 Code of Federal Regulation Section 226.15(d), Effects of Rescission (1) When a consumer rescinds a transaction, the security interest giving rise to the right of rescission becomes void, and the consumer shall not be liable for any amount, including any finance charge. (2) Within 20 calendar days after receipt of a notice of rescission, the creditor shall return any money or property that has been given to anyone in connection with the transaction and shall take any action necessary to reflect the termination of the security interest. (3) If the creditor has delivered any money or property, the consumer may retain possession until the creditor has met its obligation under paragraph (d)(2) of this section. When the creditor has complied with that paragraph, the consumer shall tender the money or property to the creditor or, where the latter would be impracticable or inequitable, tender its reasonable value. At the consumer's option, tender of property may be made at the location of the property or at the consumer's residence. Tender of money must be made at the creditor's designated place of business. If the creditor does not take possession of the money or property within 20 calendar days after the consumer's tender, the consumer may keep it without further obligation. (-Yy �1, Contractor er Or er