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Building Permit #518-11 - 38 GILMAN LANE 1/4/2011
Permit N Date Issued: /-�'` o" - BUILDING PERMIT TOWN OF NORTH ANDOVER APPLICATION FOR PLAN EXAMINATION Date Received A/m/ TYPE OF IMPROVEMENT PROPOSED USE Resid Non- Residential New Building One family Addition Two or ore family Industrial Alteration No. of units: Commercial epair, replacement Assessory Bldg Others: Demalition Other Well Floodplain Vlletlands V1(atershed District; . Wate ewer _ - DESCRIPTION OF WORK TOB BE PREFORMED: •. f►4s r-onv►� R&Yn L t. I jee okn." PxkSf- kif, T Fkocn-;04 a r-j1LAL mo s�'�%g�C�,a.►c�e S Please Type or Print Clearly) OWNER: Name: Address: 38 G,'/n-,per ko-"-e- ©49•err. IM ARCHITECT/ENGINEER QJA Phone: IJ f fA Address: PLA Reg. No. 13AA FEE SCHEDULE: BOLDING PERMIT: $12.00 PER $1000.00 OF THE TOTAL ESTIMATED COST BASED ON $125.00 PER S.F. Total'Project Cost: $ s O a FEE: $ Check No.: Ok Receipt No.: d���-- NOTE: Persons contracting with unregi red ontractors do not have access to the guaranty fund Location�--:;,� / �YYtGi ,,, No. ._,�i�� Date / TOWN OF NORTH ANDOVER Certificate of Occupancy $ Building/Frame Permit Fee $ Foundation Permit Fee $ Other Permit Fee TOTAL Check #0- -J 23L, 62 Building Inspector Plans Submitted Plans Waived Certified Plot Plan Stamped Plans TYPE OF SEWERAGE DISPOSAL Public Sewer Tannin Tanning/Massage/Body eBod Art g/M g y Swimming Pools ' �- �.� r f> t N Well Tobacco Sales Food Packaging�Sales'��`>� Private (septic tank, etc. Permanent Dumpster on Site , THE FOLLOWING SECTIONS FOR OFFICE USE ONLY INTERDEPARTMENTAL SIGN OFF-4J,FORM DATE REJECTED PLANNING & DEVELOPMENT COMMENTS S DATE APPROVED CONSERVATION Reviewed on Signature COMMENTS HEALTH Reviewed ori Signature COMMENTS Zoning Board of Appeals: Variance, Petition No: Zoning Decision/receipt submitted yes 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 MGL Chapter 166 Section 21A—F and G min.$100-$1000 fine NOTES and DATA — (For department use 0 Notified for pickup - Date Doc.Building Permit Revised 2008 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: INSPECTIONAL SERVICES DEPARTMENT:BPFORM07 Revised 2.2008 0 ; 0' z. I t�S R" a co O E a L � O �+ s O co Z fl. O h CO O C I Com_ (a O� co.� y O O �FE m m CL CD �3 CD 0 0 O O d �Q c CO2 -6-0 c cc CJ J .� d O ) � C Z CD CL V CO) c C C _cc Q 0 Y/ LU Y♦ 19 W W U) o as C • c � o = L C y O C cc O V z :ac ev �i o c • o CO ca E �•3 w° Cl) m� w° a�' U cd w a°' w c n�' ) w �Jom 4 —Cd w q cn cn R" a co O E a L � O �+ s O co Z fl. O h CO O C I Com_ (a O� co.� y O O �FE m m CL CD �3 CD 0 0 O O d �Q c CO2 -6-0 c cc CJ J .� d O ) � C Z CD CL V CO) c C C _cc Q 0 Y/ LU Y♦ 19 W W U) o as C • c � o = L C y O C cc O V :ac ev �i o c • o CO ca E �•3 m� s o a c �Jom O O `s Q! m c M_ CD m L '/�`///��' o �' \` \II= ; y m 3 C C � .O 'C Q) O y Em C o aC.3 �: CDlo = t o y ' dCt m O V H ciZ O O w d O O = O m O OF— a " yZ,r y W m y.+ .y ...r C Cc .L. CL= C = 4- 'y ®cm V O O ;� C co .= _ � y a, -m R" a co O E a L � O �+ s O co Z fl. O h CO O C I Com_ (a O� co.� y O O �FE m m CL CD �3 CD 0 0 O O d �Q c CO2 -6-0 c cc CJ J .� d O ) � C Z CD CL V CO) c C C _cc Q 0 Y/ LU Y♦ 19 W W U) rn Q -rnrn� Lo C% - tnn OMz-00 rtI Uo � Z U3 T �o�zo rn 70�QON -n�rrnz n Ul /ii C U rn � rn � z .. n rn O N CT1 C Ul _ > r � m n r > rn rn z rn -o O r d lf� rn r -� • - rn O - -o rn -i :jC-1W 3: (P T -( rn_MM (1 m �z��n� �O�zv 700pON -n � m C% C U3 rn L rn rn z CN � rn m _ O m ul D D O M v r- 4 rn rn z who � G O r d � iD �rn rn w 1 O � O rn l CPJ�v.-+AWN ulUl 000 v U) k� MN� �woVip�-.w � .f _ N�tiuJirnN� rn ;a rnctpu -(nrn a n -0 -n N r- > 13' 0K)UW zXr �o -00 �70�rnD.=> Cz ozr�z�0 AM Az t7>n � rn�zo-I rNz -�� rnrnU3 3 13Trnrn{z z Orn zOA p rn rnrn>itn0rn �' 0 rM rn 070 rn i= C rn O (N� zp 3 7C N :ncP-4a,0-IN. Dan 7CN7�7C7C7� �_� {{{ rUZ NWN rn_d ,rn�nrn,w =rnrn > m u m Co O M -n io rn O rn JCP NrUtCP" -n �a'� Zr �Z:20" Z-x{r rte— z 0-iG1 oc -n r -0Z n�3 rnnAn ,r-- T'3� 0zrnNw 70�lrniv � ,rnDrn O rnrn��rn� ,ri-�Nrrnn� zrnrn N3�--�r--� -� -o prn=rn rn Z =03 T— C 70 zrnz � rnOrn-irn>Z rn&Nrn r--CiO rn#o-i -jrn �' r03: oa-c r JrcnO CSO M �P <N>�O 000 r0 >C www rno cN-NZ -4 rn tP N = N T (CO rn Q —rnrnrn nvrn>-0 �ZZ-00 Arnzip� =3�Lo H i N k C F -i �O�zv irn rnOpON n C:rnz n C � rn d CNrnrn CN � O r r O � c rn d C z rn .. -o -n O r d cS� > rn �i r m W -gyp► � N O - rn a T LA 8.. s i a T LA 8.. a University of Cincinnati Occupational Health & Safety Continuing Education Program Co -Sponsored by Environmental Training Institute, LLC TIMOTHY WILLIAMS 7 RahartU stem VH 030 79 Has Successfully Completed the Lead Safety for Renovation, Repair and Painting Initial Course P ram Dire Course Principal Instructor R-1-18459-10.01387 m j .8 Certificate Number Continuing Education Units April 28. 2010 April 14, 2010 Issue Date Language — English Course Date Occupational Health & Safety Contiuulo; Educadon. UC Reading Campo, 2180 E. Galbraith Rd„ bH. 0510, Clacamad. OH 45137-1625.(513)55&1730, —eh.uc.eduiluce Maw:lachusetts Department or'Public-Salety 1 Board of Building Regulations And Standards I r5ttIq; Supervisor 4i pease '4tcense:, CA 94513 iricte MOH ,272 CRE QAD t , 1 � =RQCHe 86 o= Expiration: 8/28i2011 ('ornnirl in to i, 1.1 Tr#: 5624 .L\ bMJr 1M4��tOy IU��NT dtlNTRAC.'�(�R : •;� � _ G v - „p„ avb, skaa3G„'J 1 Salem, NH 03079 en, "�" Vaderiec�etaty i , The Conranonwealtli ofMassacl:usetts - .Department ofliidustrial Accidents Office oflnvestigations 600 Washington Street Boston, AM 02111 www.mass gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Anylicant Information Please Print Legibly NaMe (Business/Org//ani2ation/iudividual): CLG / s Address: r) i&roo ftr l City/State/Zip: Sca../1 Y-1 t"4 03 U 9 Phone #: 63" 8598- oOM Are you an employer? Check k the appropriate box: I. X I am a employer with c./ 4. ❑ I am e general contractor and I Type of project (required): employees (full and/or part-time). : have hired the sub -contractors 6. ❑ New construction 2. ❑ I am a sole proprietor or partner- listed on the attached sheet 7. ❑ Remodeling ship and have no employees These sub -contractors have g. ❑ Demolition working for me in any capacity. employees and have workers' g [3 Building addition [No workers comp. insurance required.] comp. insurance.i P• 5. ❑ We are a corporation and its 10.❑ Electrical repairs or additions 3. ❑ I am a homeowner doing all work officers have exercised their 1 I .❑ Plumbing repairs or additions myself '[No workers' comp, right of exemption per MGL 12.0 Roof repairs insurance required.] t C. 152, § I (4), and we have no employees. [No workers' 13.[] Other COMP. insurance reauired.l Any applicant that checks box #1 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 a new affidavit indicating such tContractors that check this box must attar -had an additional sheet showing the name of the sub -contractors and state whether or not those entities have employees. Irthe sub -contractors have employees, they must provide their workers' comp. policy number. I am an employer that is providing workers' compensation Insurance for my employees. Below is the policy and job site information. J Insurance Company Name: /19 #1n► 16 -J,y_,<uro nw!C6;rouQ Policy # or Self -ins. Lic. #: &OCIA 909-6,574c-01 Expiration Date: 'IZO / Job Site Address: 3 8 Gt t I m prJ 1 -►J city/state/zip: M . /4n mpq— /ii 1q , 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 ofperjury that the information provided above is true and correct. Official use only. Do not ivrite in this area, to be 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 Cleric 4. Electrical Inspector 5. Plumbing Inspector 6. Other Contact Person- Phone #- ACORD' CERTIFICATE OF LIABILITY INSURANCE1 DATE (MMIDD/YWY) 07/09/2010 PRODUCER Phone: (978) 562-5652 Fax: 978-562-7120 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION WELSH & PARKER INSURANCE AGENCY, INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 131 COOLIDGE STREET, SUITE 100 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR HUDSON MA'01749 ATR THE COVERAGE AFFORDEDY THE POLICIES BELOW. LIMITS AUTHORIZED REPRESENTATIVE Karen Gedenber INSURERS AFFORDING COVERAGE NAIC # INSURED BLACKDOG BUILDERS, INC. INSURER A: Merchants Insurance Group INSURER B: 7 RED ROOF LANE #1 SALEM NH 03079 INSURER C: INSURER D: GENERAL LIABILITY INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD' INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTNE POLICY EXPIRATION LIMITS AUTHORIZED REPRESENTATIVE Karen Gedenber Attention: DATE MM/DD DATE MWDD GENERAL LIABILITY CMP9149773 07/01/10 07/01/11 EACH OCCURRENCE $ 1,000.000 DAMAGE TO NTED PREMISES EaEoccurence $ 100,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR MED. EXP (Any one person) $ 5,000 PERSONAL 8 ADV INJURY $ 1,000,000 A GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 X POLICY PRO LOC AUTOMOBILE LIABILITY CAP9265878 07/01/10 07/01/11 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ A BODILY INJURY HIRED AUTOS NON -OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) i GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGG $ EXCESS / UMBRELLA LIABILITY CUP9139768 07/01/10 07/01/11 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 OCCUR 0 CLAIMS MADE $ A $ DEDUCTIBLE OxRETENTION $ 10,000 $ WORKERS COMPENSATION AND WCA9095570 07/01110 07/01/11 WC STATIJ- TORY LIMITS OTHER EMPLOYERS' LIABILITY YIN E.L. EACH ACCIDENT $ 1,00„000 A ANY PROPRIETORIPARTNERIEXECUTIVE a E.L. DISEASE -EA EMPLOYEE $ 1,00„000 OFFICERIMEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE -POLICY LIMIT $ 5,00„000 Edescries ube nder SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS Evidence of Insurance rGRTIFIreTF Hnl nFR CANCFLLATION BLACKDOG BUILDERS, INC. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS 7 RED ROOF LANE #1 WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO SALEM NH 03079 DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Karen Gedenber Attention: ACORD 25 (2009/01) Certificate # 40930 ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD BUSINESS CONDITIONS TO THIS CONSTRUCTION CONTRACT This Contract, dated 11/10/2010 is by and between: Mr. and Mrs. Douglas Bate 38 Gilman Lane North Andover, MA 01845 Blackdog project code BATE -9516 (Hereafter referred to as OWNER), and Blackdog Builders, Inc. 7 Redroof Lane, Unit #1 Salem, NH 03079 (603) 898-0868 (Hereafter referred to as CONTRACTOR). Work will be performed at: 38 Gilman Lane, North Andover, MA 01845 (Hereafter referred to as PROPERTY) 1. GENERAL This CONTRACT is for the following work and materials to be performed by the CONTRACTOR on the PROPERTY address shown above. The project is generally described as follows: Remodel two baths (Hereafter !referred to as WORK) The CONTRACT consists of this document, any plans, the specifications, the Blackdog client package and the Construction Contract. (Hereafter collectively referred to as the "CONTRACT') 2. PRICE The total price for the WORK agreed upon is $23,303.86. Payment terms are set out below in Paragraph 6. This proposal may be withdrawn by us if not accepted within thirty (30) days. 3. STARTING AND SUBSTANTIAL COMPLETION PROVISIONS The WORK will begin on approximately 1/2011 and will be substantially completed, on 2/2011, absent unusual or unforeseen circumstances beyond the control of the CONTRACTOR, and providing this CONTRACT and any related CONTRACT documents are accepted when presented. Projects requiring two contracts (one for construction work and one for bath or kitchen product) will not be slotted into the schedule until both agreements have been executed. The aforementioned dates reflect our present workload. Projects are assigned a slot in our work schedule as they are accepted, on a first come first served basis. These dates may move based on the completion time of the project that immediately preceded yours. 4. PERMITS AND APPLICABLE CODES: COMPLIANCE WITH LOCAL LAW All work to be done under this CONTRACT will be in accordance with local, state and county building code. The CONTRACTOR shall obtain all necessary permits and pay all required permit and plan fees from the CONTRACT sum, unless otherwise agreed. The CONTRACT price does not include any fees, which may be incurred to obtain a variance, if required. The CONTRACT price does not include any unbid items required by any local building official toibring the project into compliance with any relevant local, state and county building code. S. SPECIFIC REQUIREMENTS FOR MATERIALS AND WORKMANSHIP a. This CONTRACT will be completed by the CONTRACTOR in a good and workmanlike manner, using quality 11/24/2010 Contract Proposal - Page 4 of 21 materials. b. If applicable, the CONTRACT price includes the following allowances: See allowances under specifications. 6. PAYMENT a. Timely payment by the OWNER of all sums due under this CONTRACT is of the essence to this CONTRACT. The parties agree to the following schedule of payments: Deposit with this contract: $1,165.19 b. Payment Schedule Start of project $6,789.00 Start of plumbing rough -in $6,789.00 Start of Tile work $6,789.00 Substantial Completion $1,107.00 Completion, of Punch List $664.67 c. Allowances for Owner Selected Components None d. The CONTRACTOR may cease operations if any payment is not made by the OWNER as required herein, and proceed to collect any balance due through any remedy provided by law. Payments are due when the aforementioned progress milestones have been reached. It is understood that minor adjustments to the payments schedule may be necessary due to the flow of work or delays beyond the control of the CONTRACTOR. e. Delays in payment in excess of thirty (30) days shall be subject to interest charges of 18% per annum, and no event higher than the maximum interest rate provided by law. If the CONTRACTOR is required to engage the services of a collection agency or an attorney, the OWNER agrees to reimburse the CONTRACTOR for any reasonable attorney's fees and expenses expended in order to collect the unpaid balance. f. DEFINITIONS Substantially complete - The space or project is substantially complete when the space or project can be used for its intended purpose and only punch list items remain. Punch list - Work or product that has not been performed or provided. Warranty item - A product or service that has been provided or performed that does not meet or exceed industry standards. THESE CONDITIONS MUST'BE ACCOMPANIED BY THE CONSTRUCTION CONTRACT 11/24/2010 Contract Proposal — Page 5 of 21 Section II Construction Contract of the Contract/Proposal for Mr. and Mrs. Douglas Bate 11/24/2010 Contract Proposal— Page 6 of 21 CONSTRUCTION CONTRACT ( This Contract is by and between: Mr. and Mrs. Douglas Bate hereafter referred to as "OWNER", and Blackdog Builders, Inc hereafter referred to as "CONTRACTOR" for work at 38 Gilman Lane, North Andover, MA 01845 dated 11/10/2010. This CONTRACT consists of this document, any plans, the Specifications and Business Terms that are enclosed and the Blackdog Builders Client Package. (Hereafter collectively referred to as the "CONTRACT") 1. CONTRACTOR'S DUTIES -- GENERAL a. To direct and control the work contracted for in accordance with the terms of this CONTRACT and all applicable codes, laws, and regulations, and as the building permits issued for this project, if any, require. b. To inspect the site, examine the plans and specifications, if any, and supervise all of CONTRACTOR's employees, and to direct the work of all subcontractors selected by CONTRACTOR. c. To maintain the work site in a safe and clean condition, to the extent consistent with the CONTRACT. d. To advise the OWNER promptly if concealed conditions are ascertained which require additional or different work, and to proceed in such event in accordance with this CONTRACT. e. To provide locked storage for any equipment, tools, or other PROPERTY used in the performance of this CONTRACT, unless otherwise agreed in writing. 2. OWNER'S DUTIES — GENERAL a. To provide adequate utilities for the work agreed upon. b. To advise the CONTRACTOR of any condition of the PROPERTY which affects CONTRACTOR's ability to I perform. c. To provide secure storage areas for materials delivered to the work site d. OWNER shall be entitled to make periodic inspections of the work site, provided such inspections do not interfere with the work and can, in the judgment of the CONTRACTOR, be made safely. Any other entry onto the construction site shall be at OWNER's risk. e. OWNER shall notify his insurance agent of the execution of this agreement and obtain any necessary riders to his current coverage or any locally customary forms of coverage, such as builders risk, to cover OWNER's interests and liabilities during the construction process. f. To perform no work on the project without a written agreement with the CONTRACTOR. g. To make no agreements with any trades person, subcontractor, or CONTRACTOR'S employees outside the scope of this CONTRACT without the written consent of the CONTRACTOR. 3. MATERIAL SUBSTITUTION CONTRACTOR reserves the right to substitute other materials, products and/or labor of equal or superior quality, utility, or similar color. 4. DELAY CONTRACTOR shall not be responsible for delays caused by events beyond the control of the CONTRACTOR, including but not limited to: strikes, war, acts of God, riots, governmental regulations and restrictions. Delays caused by OWNER's failure to make allowance materials selections or caused by the performance by CONTRACTOR of extras or necessary work (as described in Paragraph 6) shall likewise be excusable delays. S. INSURANCE CONTRACTOR agrees to maintain all necessary forms of insurance to protect the OWNER from liability for any occurrence arising from the performance of this Contract. CONTRACTOR agrees that he shall cover his own employees for worker's compensation and carry general liability insurance, and that all forms of insurance referenced herein shall be with reputable companies licensed to do business in the state where the project is 11/24/2010 Contract Proposal — Page 7 of 21 located. S. HIDDEN, CONCEALED and UNFORESEEN CONDITIONS a. The parties agree that in the event CONTRACTOR discovers a hidden, concealed or unforeseen condition I requiring an extra cost that they shall proceed as follows: The CONTRACTOR shall notify the OWNER verbally to expedite agreement as to any charge necessary to correct or cure such condition, and provide a written Work Order (as described in paragraph 7a) as soon as practicable. The parties must agree to such extra charges, or agree to a resolution method, or this CONTRACT may be cancelled by either of them. b. For purposes of this section, a "hidden, concealed and unforeseeable condition" shall mean a condition not readily observable to a prudent CONTRACTOR inspecting the subject PROPERTY for the purpose of performing this Contract. Examples of such conditions can include, but are not limited to; rot under siding; ledge below grade; pre-existing plumbing or electrical work not performed to code and pre-existing mold. c. Any change in the WORK required by building officials assigned to this project, including structural and/or any environmental hazards will be billed as an EXTRA charge to this CONTRACT and paid for by the OWNER as a Work Order. CONTRACTOR may cease operations if OWNER refuses to pay. 7. EXTRAS a. Any extra work or materials desired by the OWNER shall be agreed upon in writing and such extras shall become a part of this CONTRACT as if fully set forth herein. Unless otherwise agreed, extra work shall be paid for as performed. Failure of the OWNER to sign a Work Order shall not preclude recovery for any work performed by CONTRACTOR, and acceptance of said extra work or materials shall be presumed, unless there is written notice to the contrary. b. CONTRACTOR shall advise OWNER, at the time of agreement on an extra, as to any additional time required to perform this CONTRACT. CONTRACTOR may cease operations if OWNER refuses to pay. 8. ESCALATION CONTRACTOR reserves the right to pass on additional costs to OWNER resulting from the escalation of the cost of lumber or lumber byproducts. This cost may be passed on only, if after the CONTRACT is signed but before the construction commences, an increase in lumber costs is experienced. The CONTRACTOR must substantiate the change with evidence of the difference between lumber costs at the time of the CONTRACT and lumber costs at the time of construction. Only direct cost differences may be passed on, no allowances for overhead and profit shall be included. Any additional costs will be collected per Work Order (as described in paragraph 7a.). 9. EXCESS MATERIALS ON SITE CONTRACTOR routinely stores extra materials on site to improve efficiency and reduce the likelihood of running out of stock in the middle of a task. Unless otherwise specified in writing all excess materials on site at the end of the project are the PROPERTY of CONTRACTOR. 10. SUBCONTRACTORS a. CONTRACTOR shall select subcontractors as required to complete this CONTRACT. OWNER acknowledges that subcontractors will do various portions of the work. Any subcontractor selected by the CONTRACTOR shall have all requisite licenses for the work to be done by such subcontractor. b. It shall be the duty of the CONTRACTOR to use reasonable care in the selection of subcontractors. Absent objectionable performance by any subcontractor, the selection of subcontractors shall be an exclusive right of the CONTRACTOR. The CONTRACTOR shall require all subcontractors to have workmans compensation and liability insurance in force. c. CONTRACTOR agrees to be solely responsible for the completion of the work described herein regardless of the actions of any third party/subcontractor utilized by the CONTRACTOR. The CONTRACTOR further agrees to be solely responsible for all payments to all subcontractors for materials and labor under this agreement. 11. TERMINATION AND CANCELLATION The CONTRACTOR may terminate and cancel this CONTRACT if any payment called for hereunder is not received as scheduled, provided that notice is given to the OWNER as provided below. Upon such termination, the CONTRACTOR shall have all remedies provided by law, including such lien rights as then apply. The OWNER may terminate this CONTRACT upon the following conditions: 11/24/2010 Contract Proposal — Page 8 of 21 a. Failure of the CONTRACTOR, or his subcontractors, to pursue the work contracted for, absent excusable delay, as provided in Paragraph 4 above, for a continuous period of fourteen (14) days, without a written (� agreement permitting same, such agreement may be satisfied by a single notation to this CONTRACT. b. Failure of the CONTRACTOR to rectify any condition for which building code enforcement authority has issued a citation of violation notice, within fourteen (14) days notice of such violation, unless OWNER and CONTRACTOR otherwise agree. c. Any other failure to perform this CONTRACT required by the terms of this CONTRACT. d. No termination shall be effective unless 10 days written notice of OWNER'S intent is given as required below, during which time the default may be cured by the CONTRACTOR. e. Deposit monies - Cancellation of this CONTRACT prior to the commencement of work shall result in the forfeiture of any and all deposit monies collected. All deposits are non-refundable. The parties hereby agree that upon such cancellation, the CONTRACTOR shall suffer damages including but not limited to the cost associated with designing and preparing the project for commencement. f. You may cancel this agreement by observing the requirements of The Notice of Cancellation attached hereto. 12. DISPUTE RESOLUTION If a dispute arises out of or is related to this Contract, or the breach thereof, the parties shall endeavor to settle the dispute first through direct discussions. If the dispute cannot be settled though direct discussions, the parties agree the dispute shall be settled by arbitration as follows: New Hampshire Consumers: If the dispute with a New Hampshire customer cannot be settled through direct discussions, the parties agree the dispute shall be settled by arbitration administered by the American Arbitration Association under its Construction Industry Arbitration Rules. In the event that arbitration is necessary, the parties agree that arbitration proceedings shall be conducted by a mutually agreed upon arbitrator in Rockingham County, New Hampshire. If the parties cannot agree on an arbitrator, either party may file a written demand for arbitration in accordance with the rules of the American Arbitration Association. The arbitration award shall be final and judgment on the award may be entered in any court having jurisdiction thereof. This CONTRACT shall be governed and interpreted in accordance with the laws of the State of New Hampshire. The parties acknowledge that this agreement to arbitrate shall be governed by Chapter 542 of the New Hampshire Revised Statutes Annotated. Either party may, without waiving any remedy under this CONTRACT, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or PROPERTY of that party, including but not limited to the right to seek liens or attachment. The prevailing party in any dispute arising out of or relating to this CONTRACT or its breach that is resolved by a binding dispute resolution process shall be entitled to recover from the other party reasonable attorneys' fees, costs and expenses incurred by the prevailing party in connection with such dispute resolution process. Massachusetts Consumers: If a dispute with a Massachusetts customer cannot be settled through direct discussions, the parties agree the dispute shall be settled by arbitration administered by the Massachusetts Home Improvement Contractor Law ( MGL.c142A). This law provides homeowners with the right to initiate an arbitration action (as an alternative to court action) if they have a dispute with a contractor. The same right is not automatically afforded to a contractor. The contractor would have to resolve any dispute it has with a homeowner in court unless both parties agree to the following optional provision. This provision gives the contractor the same rights to arbitration as is afforded to the homeowner by the Home Improvement Contractor Law. The CONTRACTOR and OWNER, residing in Massachusetts, hereby mutually agree in advance that in the event the CONTRACTOR has a dispute concerning this CONTRACT, the CONTRACTOR may submit the dispute to a private arbitration firm approved by the Secretary of the Executive Office of Consumer Affairs and Business 1 Regulation and the OWNER shall be required to submit to such arbitration as provided in Massachusetts Laws, chapter, 142A. Either party may, without waiving any remedy under this CONTRACT, seek from any court having jurisdiction any. 11/24/2010 Contract Proposal — Page 9 of 21 interim or provisional relief that is necessary to protect the rights or PROPERTY of that party, including but not limited to the right to seek liens or attachment. The prevailing party in any dispute arising out of or relating to this CONTRACT or its breach that is resolved by a binding dispute resolution process shall be entitled to recover from the arty reasonable attorneys' fees, costs and expenses incurred by the prevailing party in Muglgs Ja4 avid Bryan, 06R President Anne Bate Blackdog Builders, Inc. Notice: The signature of the parties above constitutes an acknowledgement of the agreement between the parties to alternative dispute resolution. Massachusetts consumers may have the right to initiate alternative dispute resolution even where this section is not signed by the parties. h. Unless otherwise agreed in writing, CONTRACTOR shall continue the WORK and maintain the agreed work schedule during any dispute resolution proceedings. CONTRACTOR's obligation -to continue to perform is conditioned upon OWNER's timely payments in accordance with terms of this Contract. 13. ENVIRONMENTAL HAZARDS a. The CONTRACTOR is NOT responsible for the inspection, discovery, abatement or removal of any environmental hazard including, but not limited to: asbestos; mold; lead; radon; ground water or environmental pollution at the work site, unless specifically covered in the specifications. b. In the event that any hazardous material is discovered during the course of construction, the testing, abatement and/or removal shall be the sole responsibility of the OWNER. c. Any additional costs incurred on account of suspension of the construction or changes to the specifications due to a hazard or its removal are the responsibility of the OWNER and will be handled by a Work Order. d. In the event that work does not resume within 30 days of the stoppage, OWNER agrees to immediately pay the CONTRACTOR the pro rated amount of the CONTRACT price applicable to work done up to that point pursuant to the Contract. WARRANTY OWNER warrants that as of the date of this CONTRACT: (1) the PROPERTY (including the land, surface water, ground water, and improvements to the land) is, and will continue to be, free of all contamination, including (a) "oil, petroleum products, and their by-products" (b) any "hazardous waste" as defined by the Resource Conservation and Recovery Act of 1976, as amended from time to time, and regulations promulgated thereunder; (c) any "hazardous substance" as defined by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended from time to time, and regulations promulgated thereunder, specifically including asbestos and mold; and (d) any other "hazardous substance" (2) the PROPERTY is in compliance with all environmental laws and regulations; and (3) there are no underground tanks on the PROPERTY [i 1C1 3hW1 111 OWNER expressly acknowledges and agrees that it will reimburse, defend, indemnify and hold harmless CONTRACTOR, all Sub -contractors, their successors, assigns and employees from and against any and all liabilities, claims, damages, penalties, expenditures, losses or charges (including, but not limited to, all costs of investigation, monitoring, legal fees, remedial response, removal, restoration or permit acquisition) which may, now or in the future, be undertaken, suffered, paid, awarded, assessed, or otherwise incurred as the result of: (a) any contamination, existing in, on, above or under the PROPERTY (including, but not limited to, contaminated soil, mold, buildings, facilities and/or ground water); (b) any investigation, monitoring, clean up, removal, restoration, remedial response or remedial work undertaken on the PROPERTY; and (c) OWNER'S breach of any warranty given herein. 14. WARRANTIES a. The work of the CONTRACTOR, including materials and labor, shall be warranteed for a period of three (3) 11/24/2010 Contract Proposal — Page 10 of 21 years, during which period CONTRACTOR shall at its own expense correct any defect arising from its work unless it is a non -warrantable condition as set out in the Blackdog Builders Client Package. That package shall become a part of this CONTRACT as if fully set forth herein. b. Any and all warranties for appliances or mechanical systems shall be delivered to OWNER as the CONTRACTOR receives them. Owner agrees to hold manufacturers solely responsible for all warranties for appliances or mechanical systems and agrees that no action may be brought against the CONTRACTOR on this Contract as a result of manufactures warranties. c. The quality of any work in question will be held to the standards issued in the Residential Construction Performance Guidelines — Third Edition published by the NAHB. 15. SEVERABILITY If any portion of this agreement is found invalid or unenforceable by any court, the remaining provisions shall remain in force between the parties. 16. ENTIRE AGREEMENT Upon signing this document becomes a binding CONTRACT under law. Unless otherwise noted within this document, this contract shall not imply that any lien or other security interest has been placed on the residence. This CONTRACT consists of the documents defined herein, and constitutes the entire agreement of the parties. It can be modified only by a written document. OWNER acknowledges that he has read and received a legible copy of this agreement signed by CONTRACTOR, before any work was done, and that he has read and received a legible copy of every other document that OWNER has signed during the negotiation of this Contract.. 17. THREE DAY RIGHT TO CANCEL THIS CONTRACT You may cancel this agreement if it has been signed at a place other that the CONTRACTOR'S normal place of business, provided you notify the CONTRACTOR in writing by not later than midnight of the third business day following your signing of this agreement. See the notice of cancellation form attached hereto for an explanation of this right. i 18. Massachusetts Home Improvement Contractor Law l MGL.c142A► All home improvement contractors/subcontractors working in the Commonwealth of Massachusetts must be licensed and registered by the Office of Consumer Affairs and Business Regulations. All inquiries concerning the CONTRACTOR should be transmitted to those offices. In Massachusetts Blackdog Builders, Inc. operates under License number CSO48847 and Registration number 106877. Federal Tax ID. Number 02-0477778. a. Massachusetts homeowners securing their own permits will be excluded from the Guaranty Fund provisions of MGL c. 142A. b. In Massachusetts the deposit shall not exceed 1/3 of the total contract price, or the cost of any special equipment or custom made material which must be special ordered in advance to meet the completion schedule, whichever is greater. PLEASE DO NOT SIGN THIS -CONTRACT IF THERE ARE ANY BLANK SPACES Two identical copies of this contract must be completed and signed. One copy shall go to the OWNER with the second copy being retained by the CONTRACTOR. NO WORK shall commence until this contract is fully executed. SUBMITTED: David Bryan, CG President Blackdog Builders, Inc. ACCEPTED: DATE 11J�t2010 11/24/2010 Contract Proposal — Page 11 of 21 DATE:10 0I10 DougloT3atd 61 &1 e-. ?0j� DATE: 11�30��c7 Anne Bate 11/24/2010 Contract Proposal — Page 12 of 21 Blackdog Builders, Inc. Notice of Cancellation Received on this day: 11J02010 Mr. and Mrs. Douglas Bate You may cancel this transaction, without any penalty or obligation, within three business days of the aforementioned transaction date. If you cancel any property traded in, any payments made by you under the agreement, and any negotiable instruments executed by you will be returned within 10 business days following receipt by the CONTRACTOR of your cancellation notice. Any security interest arising out of the transaction will be cancelled. If you cancel, you must make available to the CONTRACTOR, at your residence, in substantially as good condition as when received, any goods delivered to you under this agreement. Alternatively you may comply with the instructions of the CONTRACTOR regarding the return shipment of goods at the CONTRACTOR's expense and risk. If you do make the goods available to the CONTRACTOR and the CONTRACTOR does not pick them up within twenty (20) days of your notice of cancellation, you may retain or dispose of the goods without further obligation. If you fail to make the goods available to the CONTRACTOR or you agree to return the goods to the CONTRACTOR and fail to do so, then you remain liable for performance of all obligations under the agreement. To cancel this transaction, mail or deliver a signed and dated copy of this Notice of Cancellation or any other written notice or send a telegram to: Blackdog Builders, Inc. 7 Redroof Lane, Unit #1 Salem, NH 03079 603 898-0868 Not later than midnight of which will be the third day after the aforementioned transaction date. I hereby cancel this transaction. Mr. and Mrs. Douglas Bate Date 11/24/2010 Contract Proposal — Page 21 of 21 7 RED ROOF LANE, L SALEM, NH PH: 603.89E FX: 603.89E BLACKDOGBUILDERS PRODUCT SALE AGREEMENT David Bryan, CGR Client: Home Address: Phone Number: Delivery Address: City/State/Zip: Mr. and Mrs. Douglas Bate 38 Gilman Lane North Andover, MA 01845 (978)687-7493 38 Gilman Lane North Andover, MA 01845 Blackdog project code: BATE -9516 1. BLACKDOG Kitchen & Bath Remodeling Center, hereafter referred to as "Seller', agrees to furnish the materials and services set forth in the drawings dated and specifications annexed hereto. The Purchaser agrees to make payment therefore in accordance with the schedule of payment. Contract Price: $8,649.11 6.25% Massachusetts $540.57 Sales Tax: Installation: $0.00 Total Contract Price: $9,189.68 Less Partner Plan: NIA Deposit Amount: $0.00 Total Balance Due: $9,189.68 Schedule of Pa menta Deposit $4,594.84 Upon Delivery $4,594.84 This agreement includes the terms and provisions set forth herein. Please read and sign where indicated. 2. The standard form of warranty shall apply to the service and equipment furnished (except where other warranties of purchased products apply). The warranty shall become effective when signed by the Seller and delivered to the Purchaser. The warranty is for three years on materials and labor. (Should the Purchaser not contract with the Seller for installation services, then the three-year warranty is for materials only and any product failures due to installation errors shall not be covered under the warranty.) 3. The delivery, date, when given, shall be deemed approximate and performance is subject to delays caused by strikes, fires, acts of God or other reasons not under control of the Seller, as well as the availability of the product at the time of delivery. 11/24/2010 9:39 AM Page 1 of 9 4. The Purchaser agrees to accept delivery of the products when the products are ready. The risk of loss, as to damage or destruction, shall be upon the Purchaser upon delivery and receipt of the product. If the Purchaser is unable to accept delivery when the products are ready, payment per the terms of this Agreement shall still be due. Storage facilities and means of redelivery will be made available to the Purchaser by the Seller; any cost associated with storage and.redelivery service will be paid by the Purchaser. 5. The Purchaser understands the products described are specifically designed and custom built and that the Seller takes immediate steps upon execution of the agreement to design, order and construct those items set forth herein; therefore, this agreement is not subject to cancellation by the Purchaser for any reason. 6. No installation, plumbing electrical, flooring, decorating or other construction work is to be provided unless specifically set forth herein. In the event the Seller is to provide the installation, it is understood that the price agreed upon herein does not include possible expense entailed in coping with hidden or unknown contingencies found at the job site. In the event such contingencies arise and the seller is required to furnish labor or materials or other work not provided for or contemplated by the Seller, the additional cost will be calculated and agreed upon in writing by both the Seller and Purchaser before the work is to be performed. In the event that a cost cannot be determined before the work is to be completed, then the work will be paid for by the Purchaser at the following rates: $75.00/hour for design services, $45.00/hour for carpentry services (with the exception of specialty trades whose rates'will be quoted and agreed upon in advance) and materials at Seller's cost plus 20%. Contingencies include, but are not limited to: Inability to reuse existing water vent and waste pipes; air shafts, ducts, grilles, louvers and registers; the relocation of concealed pipes, wiring or conduits, the presence of which cannot be determined until the work has started; or imperfections, rotting or decay in the structure or parts thereof necessitating replacement. 7. Title to the item (s) sold pursuant to this Agreement shall not pass to the Purchaser until the full price as set forth in the Agreement is paid to the Seller. 8. Delays in payment shall be subject to.interest charges of 18% per annum, and in no event higher than the maximum interest rate provided by law. If the Seller is required to engage the services of a collection agency or an attorney, the Purchaser agrees to reimburse the Seller for any reasonable expense expended in order to ( i collect the unpaid balance. 9. If any provision of this Agreement is pronounced invalid by any tribunal, the remaining provisions of the agreement shall not be affected thereby. 10. This Agreement sets forth for the entire transaction between the parties; any and all prior agreements, warranties or. representations made by either party are superseded by this Agreement. All changes in this Agreement shall be made in a separate document and executed with the same formalities. No agent of the Seller, unless authorized in writing by the Seller, has any authority to waive, alter or enlarge this Agreement, or to make any new or substituted or different contracts, representations or warranties. 11. The Seller retains the right upon breach of this Agreement by the Purchaser to sell those items in the Seller's possession. In effecting any resale or breach of this Agreement by the Purchaser, the Seller shall be deemed to act in the capacity of agent for the Purchaser. The Purchaser shall be liable for any net deficiency on resale. 12. The Seller agrees that it will perform this Agreement in conformity with customary industry practices. The Purchaser agrees that any claim for adjustment shall not be reason or cause for failure to make payment of the purchase price in full. Any unresolved controversy or claim arising from or under this Agreement shall be settled by Arbitration and judgment upon the award rendered may be entered in any court of competent jurisdiction. 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