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HomeMy WebLinkAboutBuilding Permit #234-11 - 287 FOREST STREET 5/2/2011 TOWN OF NORTH ANDOVER APPLICATION FOR PLAN EXAMINATION r Permit NO: I Date Received ///1 Date Issued: " IMPORTANT:Applicant must complete all items on this page LOCATION zK ho cis PaO Print �n nPROPERTY OWNER l cs- 5�2-� V V aq h© Print MAP NO:�PARCEL: ZONING DISTRICT: Historic District yes no Machine Shop Village yes no TYPE OF IMPROVEMENT PROPOSED USE Residential Non- Residential ❑ New Building One family ddition El Two or more family ❑ Industrial Alteration No. of units: ❑ Commercial ❑ Repair, replacement ❑Assessory Bldg ❑ Others: ❑ Demolition ❑ Other Sep-tie D Well [I Floodplain 0 Wetlands p Watershed,Di`strlct . J Water/Sewer DESCRIPTION OF ,ORRK TO BE PARFORMED: S . 1q&tificatiop Please Type or PriptClearly) OWNER: Name: V v ` Y_ S e-1'-� Phone: Address: Z� �' S c9 A (� CONTRACTOR Name: �S Nn V ti`l Phone: Address: 3 C YVU4 &u, S yo - Supervisor's Construction License: Exp. Date: - 1 Home Improvement License: 0&f 2-3 Z Exp. Date: ARCHITECT/ENGINEER Phone: Address: Reg. No. FEE SCHEDULE:BULDING PERMIT:$12.00 PER$1000.00 OF THE TOTAL ESTIMATED COST BASED ON$925.00 PER S.F. CA Total Project Cost: $ 71p ,100 , FEE: $ Check No.: 0 .101 Receipt No.: NOTE: Persons contracting with unregistered contractors do not have access to a guaranty nd Signatureof�Agent/®wner ~Signature wof,contractor Location No. Date 's / TIr TOWN OF NORTH ANDOVER f • i � Certificate of Occupancy $ � rel •� • Budding/Frame/Frame Permit Fee $ JncNusa 9 . Foundation Permit Fee $ Other Permit Fee $ TOTAL $ f.� Check # 24113 _ - Building Inspector Plans Submitted ❑ Plans Waived ❑ Certified Plot Plan ❑ Stamped Plans ❑ TYPE OF SEWERAGE DISPOSAL Public Sewer ❑ Tanning/Massage/Body Art ❑ Swimming Pools El Well ❑ Tobacco Sales ❑ Food Packaging/Sales ❑ � Private(septic tank,etc. ❑ Permanent Dumpster on Site ❑ ` I f THE FOLLOWING SECTIONS FOR OFFICE USE ONLY ` INTERDEPARTMENTAL SIGN OFF - U FORM DATE REJECTED DATE APPROVED PLANNING & DEVELOPMENT ❑ ❑ COMMENTS I CONSERVATION Reviewed on Signature COMMENTS �� HEALTH Reviewed on Signature COMMENTS 01 i Zoning Board of Appeals: Variance, Petition No: Zoning Decision/receipt submitted yes Planning Board Decision: Comments Conservation Decision: Comments Water & Sewer Connection/Signature&Date Driveway Permit DPW Town Engineer: Signature: Located 384 Osgood Street FIRE DEPARTMENT - Temp Dumpster on site yes no Located at 124 Main Street Fire Department signature/date COMMENTS 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 21A—F and G min.$100-$1000 fine NOTES and DATA— For department use I i ® Notified for pickup - Date Doc:.Building Permit Revised 2008 Ili I 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: Doc.Building Permit Revised 2008mi ORTH TONM 0 D 6 ,kndover 0 ti" 4•. No. ..�... ,� zo 4 LAK _0 lover, Mass., S • Z • COCHICMEWICK s 1 �J BOARD OF HEALTH PERMIT T D , Food/Kitchen Septic System BUILDING INSPECTOR THIS CERTIFIES THAT...... .... 041..10p,......�#.CwI.............................................................................................. Foundation has permission to erect........................................ buildings on ...a � ........ ............� .... Rough to be occupied as.....I�.l,�.s�o►M�► �r. i' Chimney ...p. . provided that the person accepting this p mit shall in every r pect conform to the terrd5 of the application on file in Final this office, and to the provisions of the Co es 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 3 1 40 PERMIT EXPIRES IN 6 MONTHS UNLESS CONSTRUC STARTS ELECTRICAL INSPECTOR Rough ............................ Service BUILDING INSPECTOR Final Occupancy Permit Required to Occupy Building GAS INSPECTOR Rough Display in a Conspicuous Place on the Premises — Do Not Remove Final No Lathing or Dry wall To Be Done FIRE DEPARTMENT Until Inspected and Approved by the Building Inspector. Burner Street No. SEE REVERSE SIDE Smoke Det. ti f NORTH � m A y �9SSwCHU t�9 CONSERVATION DEPARTMENT Community Development Division April 29, 2011 Paulo Jorge&Sheri Lynn Marnoto 287 Forest Street North Andover,MA 01845 287 Forest Street, North Andover 30 x 72" Stone Chimney Conservation Conditions of Approval,NACC #82 Pursuant to section 4.4.2 Q) of the North Andover Wetlands Protection Regulations,Lawrence K. Howell (applicant) filed for a small project on behalf of Paulo Jorge&Sheri Lynn Marnoto (owners) for work proposed at 287 Street, North Andover. The proposed work includes the installation of footings and construction of a 30 x 72"masonry chimney more than 50' from the edge of Bordering Vegetated Wetland (BVD as shown on the herein referenced plan and confirmed by the Conservation Department. During the April 27, 2011 public meeting, the North Andover Conservation Commission (NACC) voted unanimously to approve this project. The following conditions are hereby mandated: RECORD DOCUMENTS: Small Project Application Including: Site Plan with hand edits and Application Checklist Prepared by: Lawrence K. Howell Received April 25 2011 CONDITIONS: 1. Prior to the start of construction the owners shall ensure that the site contractor has reviewed the small project permit and is aware of the wetland resource area and the limits of the proposed work. 2. Construction access shall be off of the existing driveway. 3. Excess material shall be properly disposed of offsite. 1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web www.http://www.townofnordiandover.com/conservel.htm 4. Upon completion of the approved project and site stabilization,please contact the Conservation Department for a final inspection. 5. This permit shall expire six months from the date of issue Should you have any question or comments regarding the contents of this letter,please do not hesitate to contact the undersigned at 978.688.9530 at your earliest convenience. Thanking you in advance for your anticipated cooperation with this matter. Respectfully, O&en R,TH ANDOVER CO SERVATION DEPARTMENT ferA. Hu heservation Administrator 1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web www.http://www.townofnorthandover.com/conservel.htm iv OA� Sk -tt Law, 2-t 4; 11-1,AVI : y . I% Wi1 G�c� ����— X43 ,., '! ooa. -4w tv Cr..tAl,11-e 6w Lt VA e9 vw,. --------------- .......... (01 E _ F i r 2 4+ c f' �j' l It Vttl`' SS A I r Ick x l(D co y ` x _ 47eX,47eVk1.U\,Q �� - �r� �N _- J k o 6 �} uoall(ex j v) a ' I I x (O 2 h Lo �bZS�'� Cly-(. hk � Len ', YA- Fl \ J�J G 'ti E 7`� f CONSTRUCTION SERVICES AGREEMENT (short form) Contractor: Owner: Date: Howell Custom Building Group,Inc. Paulo&Sheri Marnoto October 30,2010 360 Merrimack St.Bldg 5 287 Forest Street Lawrence,MA 01843 North Andover_MA 01845 Project Address: Phone: 978-989-9440 Project: (same) C.S.L.#068232 Fireplace&Chimney H.I.C.#123237 I. PARTIES&DATE OF AGREEMENT This contract(hereinafter referred to as "Agreement")is made and entered into on this 301h day of October,2010,by and between Paulo&Sheri Marnoto, (hereinafter referred to as"Owner");and Howell Custom Building Group,Inc.,(hereinafter referred to as"Contractor"). H. SCOPE OF WORK DESCRIPTION&CONTRACT SUM In consideration of the mutual promises contained herein,Contractor agrees to perform the"Work"on the structures and grounds at the project address per the following Scope of Work: 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 following Work areas: c Family Room(fireplace wall) Permits &Inspections • Contractor to prepare building permit application,file application,and post permit on-site. • Allotment Iters: Town of North Andover Building Permit Fee. • Except for permits and fees noted above,the Owner shall secure and pay for-other necessary approvals, easements,assessments and charges required for construction,use or occupancy of permanent structures or for permanent changes in existing facilities..__ • 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. Page 1 of 9 Initials: S Demolition General Notes: • Owner shall notify Contractor and mark locations of all known underground water/sewer pipes,gas lines, electrical conduits/wires,irrigation pipes,dog fence wires,etc.that may be in the area of demolition or construction. • Contractor to disconnect electrical,cable,phone and plumbing as required in affected areas prior to demolition. • Owner to coordinate disconnection and removal of existing propane tank and gas lines to fireplace insert in Family Room prior to start of work. • Where Contractor is removing and saving an item,he will use his best efforts to remove that item with minimal damage. Storing&protecting the saved items is the responsibility of the Owner. Re-installation of the saved items is not included unless otherwise specified. • Where Contractor is removing existing tile,assume tile is laid on plywood or gypsum wall board Removal of cement board underla}anent or a mud base would be extra. • The abbreviations R/S=remove&save,R/DNS=remove and do not save. • Contractor to perfonm demolition work-per the following notes: • R/S (1)section of gutter&downspout(to be re-installed) • RfDNS-gas fireplace insert in family room including ductwork,hearth,mantel and surround t • - R/DNS chimney framing on exterior of house • Cut back existing soffit and asphalt roofing as needed to accommodate new chimney ;;`;"�` Excavation/Sitework General Notes: • Contractor to contact Dig Safe 3 days prior to start of excavation • Strip loam,if any,in areas of excavation and stockpile on site. • Backfill exterior of foundation walls with stockpiled materials from the excavation(assume stockpiled materials are suitable,clean and well draining). If substitute or additional materials are required,the extra g q , costs shall be handled by Change Order. • After backfilling,rough grade the disturbed areas around new foundations to within 6"of finish grade (allowing for settlement)as shown on Plans. • Final grading,spreading of loam and seeding of lawn is not included. • Excess materials from excavations not used for backfill or grading,to be hauled off-site. • Contractor to perfionn Sitew ork per thefollowin notes. • Excavate to existing footing depth for new chimney footing and block foundation walls • Infill new foundation walls with stockpiled materials and minimum 12"of crushed stone Concrete General Notes&Specifications: • Concrete: 3000 psi w/3/4"aggregate • Footings:20"w x 10"h Reith 2 rows of #5 rebar _ . • Foundation Walls:.-10"w x 8"h cored-concrete-block to grade • Walls 10"thick,block set in Type S mortar with tooled joints,wire reinforcement on alternating courses, every fourth cell filled with mortar and reinforced with#4 rebar • New block foundation walls to be pinned to existing foundation walls with rebar — • Slabs to be reinforced with welded wire mesh • Mote:-Con-cretepumping-has_not been-included=at-this-ime.==lf-due-to severe=weather-conditions- clr;is heav}r.rains.causing-soft--soils inking=access by�oncrete_trucks=to.ilie-back.-yardiinpossible-pumping-of the.,concret",ould,be necessary-and-would-be an-additional_cost to Owner. • Supply and install Concrete in the following areas: • Form&pour footings drilled and pinned into existing footing • Construct concrete block foundation walls for new chimney to existing foundation wall height Page 2 of 9 Initials:'''i"' / / • Form and pour 8"thick reinforced concrete slab formed over new&existing walls alis with cantilevered section extending into new opening in family room floor to support hearth Masonry General Notes&Specifications: • Veneer stone to match existing wall stone in driveway • Veneer Stone to be set in Type S mortar with tooled mortar joints tied into block chimney with aluminum masonry ties drilled and screwed into chimney block with Tapcon fasteners • Hearth stone to be selected&approved by Owner • Chimney Dimensions: • Width: 6'Ride lower face with 30 sides narrowing to a 3'wide upper face • Height: 2'above any portion of the building ii4thin 10' (per MA building code). • Flue size:8"xl2" • Shoulder Caps: 1 '/2"patten bluestone with thermalled face • Chimney Cap: Portland cement with brushed finish;stainless steel chimney cap attached to top of clay flue liner • Fireplace Dimensions: • 6'wide x 7'6"high(floor to ceiling) • Firebox: 38"wide x 30"high with 14"side cheeks • Raised Hearth: 72"wide x 12"high x 20"deep • Supply and install the followingAdasonry: • Construct concrete block chimney with single flue,veneered with 6"of stone on all visible sides • Construct floor to ceiling stone fireplace(match chimney stone)with raised hearth&arched opening* o *Custom arched fireplace door sets are available for order,or if Owner has selected arched doors prior to start of fireplace work,Mason can template the arch from the existing door set • Options: • Substitute flush hearth stone for raised hearth ($950) • Substitute brick for stone veneer on chimney ($2,000) • Substitute herringbone pattern for running bond in firebox $1,200 Framing/Roofing/Gutters General Notes&Specifications: • All framing materials to be#2 KD SPF unless otherwise noted. • Supply and install the following Framing/Roofing/Critters: • Cut&frame 72'wide opening in existing family room floor for concrete pad to support stone fireplace and hearth;head off existing floor joists with new engineered header beam tied into existing joists • Cut&frame-56'--'wide x 48"-high opening-with new structural header in existing exterior wall - • Frame chimney"cricket"overlaid on existing roof to allow for roof runoff at chimney penetration through cave overhang • Install new roofing to match existing on cricket;flash into new chimney • Re-install existing gutter with(1)new downspout on either side of new chimney Insulation/Plaster • Existing insulation to remain • Patch wall plaster as needed for new fireplace opening Interior Trim & Millwork Page 3 of 9 Initials General Notes&Specifications: • Mantel: 5/4"paint grade mantel screwed to blocking vdth crown moulding below • Baseboards: match existing • Stipply and install the following Interior Trini&Millwork: • New mantel above Family Room fireplace • Patch existing baseboard trim as needed • Option: • Substitute rough cut Fir timber mantel set on horizontal stone blocks ($350) Floor Coverings • Relocate floor vent • Install oak perimeter border around 3 sides of new hearth • Patch existing hardwood flooring as needed Painting • Painting by Owner Clean-up General Clean-up notes: • Jobsite to be cleaned up daily. • All construction debris to be removed from site. • At completion of the Work,the Contractor shall remove construction equipment tools,machinery and surplus materials from site. • The house shall be left"broom clean"upon completion. (Additional Scope of Work page(s)or Plans attached: Yes X No) CONTRACT SUM (lump sum price for all Work described above): $26,800 OPTIONS(not included in Contract Sum): • Subtract Options: o Delete Raised Hearth ($ 850) o Substitute Brick Chimney for Stone Veneer ($2,000) o Substitute Simple Fir Mantel ($ 350) • Add Options: o Substitute Herringbone Firebox $ 1,200 III. GENERAL CONDITIONS FOR THE AGREEMENT ABOVE A. DATE OF WORK COMMENCEMENT AND SUBSTANTIAL COMPLETION Commence Work on or aboutApril18`h,2010. Contractor to achieve substantial completion of all Work in this Agreement on or about the 6 week after the start of work not including delays and adjustments� e is for delays caused g y J y by:inclement weather,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: 4. -Fees for design or engineering-v,ork°including'any-additional D&E work required by building.inspectors. — - Page 4 of 9 Initials., / / '!- 2. Surveying that may be required to establish accurate propeq boundaries for setback purposes 3. Temporary sanitation,power,or fencing 4. Moving Owner's property around the site 5. Repair or replacement of Owner-supplied materials 6. Public or private utility connection fees 7. Repair of unforeseen and concealed conditions including;but not limited to,repair of concealed underground utilities not located on prints or physically staked out by Owner which are damaged during construction 8. Testing,removal and disposal of any materials containing asbestos(or any other hazardous material as defined by the EPA) 9. Removal of filled ground or rock or any other materials not removable by ordinary hand tools or other heavy equipment already on-site 10. Any digging or excavation below the grades shown on the plans in the event that soils unsuitable for supporting the specified footings are discovered 11. De-watering of excavations 12. Frost protection for open excavations 13. Cold weather additives to concrete or insulation of concrete forms if required due to cold weather conditions 14. Correction of existing out-of-plumb or out-of-level conditions in existing structure 15. Correction of concealed substandard framing. 16. Removal and replacement of existing rot or insect infestation 17. 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. 18. 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. 19. 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 20. 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. 21. Final construction cleaning(Contractor Nvill leave site in"broom swept"condition) 22. Landscaping and irrigation work of any kind. 23. Any item on the Plans marked"Not in the Contract'or"NIC". C. CHANGE ORDERS 1. 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 ALLOWANCE Work 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 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). Page 5 of 9 Initials: / / A PAYMENT SCHEDULE AND PAYMENT TERMS 1. PAYMENT SCHEDULE: 1 Initial Deposit due when Agreement is signed and returned to Contractor $ 2,000 2 Demolition $ 2,000 3 Excavation $ 2,000 4 Concrete/Block work $ 6,000 5 Masonry $ 13.000 6 Millwork&Patching $ 800 7 Final Payment: Balance of contract sum due upon Substantial Completion of $ 1,000 all Work under contract: Total of Payments S26,800 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" thin 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 shutdoivn, delay and start-up,plus interest as provided for in the Contract Documents. 5. 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 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. 2. THIS LIMITED WARRANTY CONTAINS ALL EXPRESS WARRANTIES OF CONTRACTOR;ALL OTHER WARRANTIES EXPRESS OR IMPLIED ARE III 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. Ill 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 Page 6 of 9 Initials / / . Superior Court. 3. 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. I Damage due to abuse, improper or insufficient maintenance,improper operation,alteration, modification or normal wear and tear under normal usage. 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 Page 7 of 9 Initials`: 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 flus 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. L 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 Rdthout 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 vidth 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 lint of the Small Claims Court shall be settled by binding arbitration administered by the American 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. L. 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. M. OWNER'S 3-DAY RIGHT OF RECISION Page 8 of 9 Initials:' r The Owner may cancel this agreement with no further obligations by notifying the Contractor in waiting 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. Date Lawrence K.Howell,Project Manager Howell Custom Building Group,Inc. Date Owner ' Date Owner Page 9 of 9 Initials:'