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HomeMy WebLinkAboutBuilding Permit #446-15 - 22 LINDEN AVENUE 11/6/2014 L BUILDING PERMIT O �NORTp . � t�ac 16q� t. TOWN OF NORTH ANDOVER 3� y ,. __ ° 0 PLICATION FOR PLAN EXAMINATION ~ _ H Permit No#: T Date Received �Ssgre c►+u5r`t�y Date Issued:. IMPORTANT:Applicant must complete all items on this page LOCATION 20 P*. PROPERTY OWNER not 10o Year Structure Vires n° CEL: _ ZONING DISTRICT: Historic District yes MAP =PAR. Mac lime Shop Village: . yes no TYPE OF IMPROVEMENT PROPOSED USE Residential Non- Residential ❑ New Building ❑ One family ❑Addition ❑Two or more family ❑ Industrial Alteration No. of units: ❑ Commercial ❑ Repair, replacement ❑Assessory Bldg ❑ Others: ❑ Demolition ❑ Other ❑ Septic 0 Well° ❑floodplain ❑Wetlands. q, Watershed District _Water/Sevver DESCRIPTION OF WORK TO BE PERFORMED: Identification- Please Type or Print Clearly OWNER: Name: Z�q CDAo Z6Z'd3c-- Phone: 5)g-go� � aq Address: Phone: Contractor Name: c �- Address: ­/ Supervisors Construction Llcense: .�_ 0.5'9 z'V�'- Exp. Date Home lm p roverrment License: 1S-73. Exp: Date: ARCHITECT/ENGINEER Phone: Address: Reg. No. FEE SCHEDULE:BOLDING PERMIT:$12.00 PER$1000.00 OF THE TOTAL ESTIMATED COST BASED ON PER S.F. Total Project Cost: $ /2 zoo O FEE: $ la�3 I , Check No.: 3a,:�--) Receipt No., DW "Z)� NOTE: Persons contracting with unregistered contractors do not have access uaran fund i Signatufe of Agent/Owner_ __�__ ____ __ Signature of contrac } r, Plans Submitted ❑ Plans Waived 0 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 PLANNING & DEVELOPMENT Reviewed On Signature_ COMMENTS f CONSERVATION Reviewed on Signature COMMENTS HEALTH Reviewed on Siqnature i COMMENTS Zoning Board of Appeals: Variance, Petition No: Zoning Decision/receipt submitted yes I Planning Board Decision: Comments Conservation Dacision: Comments 4 Water & Sewer Connection/Signature& Date Driveway Permit DPW Town Engineer: Signature: Located 384 Osgood Street E DEPAR MENT - Temp Dumpster on site yes ho Located,at 124,Main Street - — Fire'Department signatur..e/date _ COMMENTS _ v - i Dimension , Number of Stories: Total square feet of floor area, based on Exterior dimensions. Total land area, sq. ft.: ELECTRICAL: Movement of Meter location, mast or service drop requires approval of Electrical Inspector Yes No DANGER ZONE LITERATURE: Yes No MGL� Chapter 166 Section 21 _I p A-F and G min.$100 $1000 fine NOTES and DATA — For department u ( p se) ❑ Notified for pickup Call Email 3 Date Time Contact Name _ I Doc.Building Permit Revised 2014 - - r Building Department The following is a list of the required forms to be filled out for the appropriate permit to be obtained. ,1 Roofing, Siding, Interior Rehabilitation Permits u Building Permit Application Workers Comp Affidavit Photo Copy Of H.I.C. And/Or C.S.L. Licenses o Copy of Contract o Floor Plan Or Proposed Interior Work o Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit Addition Or Decks o Building Permit Application o Certified Surveyed Plot Plan o Workers Comp Affidavit a Photo Copy of H.I.C. And C.S.L. Licenses o Copy Of Contract o Floor/Cross Section/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) u Building Permit Application u Certified Proposed Plot Plan o Photo of H.I.C. And C.S.L. Licenses o Workers Comp Affidavit o Two Sets of Building Plans (One To Be Returned) to Include Sprinkler Plan And Hydraulic Calculations (If Applicable) u Copy of Contract u Mass check Energy Compliance Report o Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg. Permit l y 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 I Doc:Building Permit Revised 2014 Location-22— ► ,�ti� e,.) No. Date l (o JY o • TOWN OF NORTH ANDOVER" Certificate of Occupancy $ Building/Frame Permit FeeA $ e Foundation Permit Fee Other Permit Fee $ ��� TOTAL $ Check# W i `� n 2j "`� 9 Building Inspector Enter construction cost for fee cal - North Andover Fee Cakulation Construction Cost $ 199600.00 m $ - $ 235.20 Plumbing Fee $ 29.40 Gas Fee 100 comm: $ 100.00 Electrical Fee $ 29.40 Total fees collected $ 394.00 i 22 Linden Avenue 445-15 on 11/6/2014 Winterize 3 Season Porch 10 �, RT" Town of �. : :. Andover 0 .Y` to 2z" r Ma � o h ver, ss, COC HICMCWKK S U BOARD Of,HEALTH Food/Kitchen PERMIT T L.. D Septic System THIS CERTIFIES THAT �.a►SGA... 0.00V .. .......................... BUILDING INSPECTOR .... . ... . ................................... Foundation has{permission to erect .......................... buildings on 2 .......L1".D.A.so....... ............................ Rough .....5......S. ex a. 'qb.al to be occupied as ................ ................... � ...r ..................... Chimney provided that the person accepting this permit shall in every respect conform to the terms of the application Final on file in this office, and to the provisions of the Codes and By-Laws relating to the Inspection, Alteration and Construction of Buildings in the Town of North Andover. PLUMBING INSPECTOR VIOLATION of the Zoning or Building Regulations Voids this Permit. Rough Final PERMIT EXPIRES IN gMONT - ELECTRICAL INSPECTOR UNLESS CONSTRUCS Rough Service ............ .. ............................................ Final BUILDING INSPECTOR GAS INSPECTOR Occupancy Permit Required to Occupy Building Rough Display in a Conspicuous Place on the Premises — Do Not Remove Final No Lathing or Dry Wall To Be Done FIRE DEPARTMENT Until Inspected and Approved by the Building Inspector. Burner Street No. Smoke Det. I The Commonwealth of Massachusetts - Department oflndustrialAccidents Office of Investigations 600 Washington Street Boston,MA 02111 www.mass gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly NaMe (Business/Organization/Individual): /` / �� Address: 2 ` 4-5 _ City/State/Zip:1406; d'd t/C—A. 4 `/cS'Phony Are ypu an employer?Check the appropriate box: Type of project(required): 1. 1 am a employer with 7i 4. ❑ 1 am a general contractor and 1 6. 0 New construction F employees(fall and/or part-time).* have hired the sub-contractors 2.❑ I am a sole proprietor or partner- listed on the attached sheet. 7. ❑Remodeling ship and'have no employees These sub-contractors have 8. []Demolition working .for me in any capacity. workers'comp.insurance. 9. El Building addition [No workers' comp.insurance 5. El We are a corporation and its required.] officers have exercised their 10.F1 Electrical repairs or additions 3.❑ I am a homeowner doing all work right of exemption per MGL 11.❑Plumbing repairs or additions myself. [No workers' comp. c. 152,§1(4),and we have no 12.[]Roofrepairs insurance required.]t 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. i Homeowners who submit this affidavit indicating they ate doing all work and then hire outside contractors must submit anew affidavit indicating such. TContractors that checkthis box must attached an additional sheet showing the name of the sub-contractors and their workers'comp.policy information. I am an employer that is providing workers'compensation insurance for my employees: Below is the policy and job site information. Insurance Company Name:. S� Policy##or Self-ins.Lie.#: Expiration Date: Job Site Address: Z Z iC.• - City/State/Zip: ®- Of, 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 cert! er the in nd penalties of perjury tliat the information provldod ahv is true and correct. - Signature: Date: ye, ' Phone#: Official use only. Do not write in this area,to he completed by city or town official. City or Town: Permit/License# Issuing Authority(circle one): 1.Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.PIumbing Inspector 6.Other - - - Contact Person: Phone#: Informati®n and Instructions Massachusetts General Laws chapter 152 requires all employers to provide workers'compensation for their employees. Pursuant to this statute,an employee is defined as"...every person in the service of another under any contract of hire,- express ire,-express or implied,oral or written." An employer is defined as"an individual,partnership,association,corporation or other legal entity,or any two or more of the foregoing engaged in a joint enterprise,and including the legal representatives of a•deceased employer,or the receiver or trustee of an individual,partnership,association or other legal entity,employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein,or the occupant of the dwelling house of another who employs persons to do maintenance,construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be.deemed to be an employes." MGL chapter 152,§25C(6)also states that"every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not producedacceptable evidence of compliance with the insurance coverage required." Additionally,MGL chapter 152,§25C(7)states"Neither the commonwealth nor any of its political subdivisions shalt enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority." Applicants Please fill out the workers'compensation affidavit completely,by checking the boxes that apply to your situation and,if necessary,supply sub-contractors)name(s),address(es)and phone number(s)along with their certificate(s)of insurance. Limited Liability Companies(LLC)or Limited Liability Partnerships(LLP)with no employees other than the members or partners,are not required to carry workers'compensation insurance. If an LLC or LLP does have employees,a policy is required. Be advised that this affidavit maybe submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested,not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy,please call the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate line. City or Town Officials Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permit/license number which will be used as a reference number. In addition,an applicant that must submit multiple permit/license applications in any given year,need only submit one affidavit indicating current policy information(if necessary)and under"Job Site Address"the applicant should write"all locations in (city or town)."A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each year.Where a home owner or citizen is obtaining a license ox permit not related to any business or commercial venture (i.e.a dog license or permit to burn leaves etc.)said person is NOT required to complete this affidavit. The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address,telephone and fax number: The GoMM0U reajtbL of Massa.,cl,usP�s Department of Industrial,Accidents ()ffiee of Intyestxgatioris 600 Wasbdngtoa Street Boston,MA 02111 TQJ,#617-7-274900 eyt 406 ox 1-877-MASSAFE Revised 5-26-05 Fax 4 617-727-7749 www.mass,gov/dia RSHEB-1 OP ID:JY CERTIFICATE OF LIABILITY INSURANCE rATE(MM/DDNYYY) 11/06/14 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER Phone: 978 688 8829 NAME: Michaud,Rowe And Ruscak Ins. Fax: 978 557 2130 PHONE FAX P.O.Box 188 A/C No Ext): A/c No): North Andover,MA 01845 E-MAIL Lawrence R.Michaud,CIC ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:NorGuard INSURED R S Hebert Const 8r Remod, Inc. INSURER B:Commerce Insurance Company 34754 102 Adams Avenue N Andover, MA 01845 INSURERC: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 DAMAGE TO RENTED A X COMMERCIAL GENERAL LIABILITY RSBP404812 05/11/14 05/11/15 PREMISES Ea occurrence $ 50,00 CLAIMS-MADE FXI OCCUR MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,00 JECT X POLICY PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,OOU B ANY AUTO BBCM08 12/19/13 12/19/14 BODILY INJURY(Per person) $ ALL OWNED rx SCHEDULEDBODILY INJURY(Per accident $ AUTOS AUTOS )X HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATIONX TWO STATU- OTH- AND EMPLOYERS'LIABILITY TORY LIMITS ER A ANY PROPRIETOR/PARTNER/EXECUTIVE Y/❑N RSWC588683 01/01/14 01/01/15 E.L.EACH ACCIDENT $ 100,00 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 100,00 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Jason Wedge THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN g ACCORDANCE WITH THE POLICY PROVISIONS. North Andover, MA 01845 AUTHORIZED REPRESENTATIVE'�o�-, ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD • i Massachusetts -Department of Public Safety �f Board of Building Regulations and Standards Construction Supervisor ( _ License: CS-058.241 RONALD S HEBE*T i 102 ADAMS AVE: N ANDOVER Mk 01 Expiration Commissioner 01/08/2016 �-rparn�r�aoaua o�C/�aeeaclucael,�a Office of Consumer Affairs&Business Regulation VME IMPROVEMENT CONTRACTOR e;gistration: 153$1 fi TyReE xpiration: 1Oa5- Privtls Corpottai R.S.HEBERT CO &RIM'I 1 :INC. RONALD HEBERT \� rr�. W2 ADAMS AVE. I NO ANDOVER,MA 01845 Undersecretet • 1 I i li R.S. HEBERT Construction & Remodeling Inc. 102 Adams Ave. No. Andover Mass. 01845 (978) 686-0786 Phone / Fax Lic. #:058241 Reg. #:153811 OWNER'S NAME: Mr. & Mrs. Jason Wedge Tel.# 978-804-5924 22 Linden Ave. No. Andover Ma. 01845 Date 1/1x/14 Job: Convert 3 season room to heated space. I. PARTIES This contract (hereinafter referred to as "Agreement") is made and entered into on this 1St of November by and between Jason Wedge (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 Supply and install all material and labor required to complete The following work. 1. Supply building permit. 2. Demo interior walls and ceiling. 3. Frame in basement stairwell. 4. Frame in exterior walls for new windows. S. Insulate ceiling , walls and floor. 6. Extend bathroom vent to exterior. 7. Install 7 recessed lights S. Install 1 exterior wall light near door. 9. Install 2 exterior spot lights . 10. Sheetrock walls and ceiling. 11. Install 4 new Harvey windows. 12. Install new front and side entry doors 13. Remove sliding door and install French doors. Contractor weer Owner 14. Close in bathroom and kitchen window. 15. Replace kitchen door with cased opening. 16. Add electrical receptacles to code. 17. Install door at top of basement stairs. 18. Add 1 new heat zone to existing boiler. 19. Add 1 new cable outlet. 20. Install new vinyl flooring. A. LUMP SUM PRICE FOR ALL WORK ABOVE* $ 19,600.00 Nineteen Thousand Six Hundred Dollars 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 W Contractor Owner Owner i 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 B. DATE OF WORK COMMENCEMENT AND SUBSTANTIAL COMPLETION Commence work The week of Nov.10 Construction time through substantial completion: Approximately,5 weeks 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 design professional, Owner'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. 4!lz 4� qW— Contractor Owner Owner D. PAYMENT SCHEDULE AND PAYMENT TERMS 1. PAYMENT SCHEDULE: * First Payment:$2000.00 due when Agreement is signed and returned to the Contractor. 2nd payment:$6000.00 due when work starts. 3rd payment :$6000.00 due when framing and insulation are complete * Final Payment: Balance of contract amount $5600.00 when work is complete. 2. PAYMENT OF CHANGE ORDERS/ADDITIONAL WORK: Payment I 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, Y 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 I 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 :1(/A) Contractor O er 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. 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 Contractor's 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, he parties agree that all other provisions of this y lnl Contractor Owner Owner 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. Customer has three days from signing this contract to cancel the contract. I have read and understood, and I agree to, all the terms and conditions contained in the Agreement above. DATE TRA OR'S SIGNATURE DA[JE W � S NATURE DATEJ OWN R'S SIGNATURE Contractor Owner Owner