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HomeMy WebLinkAboutBuilding Permit #493 - 80 OLD FARM ROAD 1/5/2007TOWN OF NORTH ANDOVER NORTF► APPLICATION FOR PLAN EXAMINATION Of t<,..o 06.6 3? e� 4. ...., 0 yPermit NO: Date Received �o Date Issued: �9SSACHUS '��5 IMPORTANT: Applicant must complete all items on this page LOCATION S�o o LD r4 d"i-1 e-rq , print PROPERTY OWNER Print MAP NO.: PARCEL: ZONING DISTRICT: TYPE AND USE OF BUILDING HISTORIC DISTRICT YES ❑ TYPE OF IMPROVEMENT PROPOSED USE Resid ntial Non- Residential ❑ New Building ne family ❑ Addition ❑ Two or more family ❑ Industrial alteration No. of units: ❑ Repair, replacement ❑ Assessory Bldg ❑ Commercial ❑ Demolition ❑ Moving (relocation) ❑ Other ❑ Others: ❑ Foundation only DESCRIPTION OF WORK TO BE PREFORMED � d-04.Oy2 � -t'lff[ ,d cf- 72 L/C tri/ �d 7 ' Q U G z Ke : C�!/�.✓. d FL ~ ✓2 V/ oe Off- C I NDu ./I ✓ p S; .w n cc js i1 fL ! r7rG� Identification Please Type or Print Clearly) OWNER: Name: .� /f r7 2 s ../ f J/305,� Phone: 92b-- 7g -/-9E y6 Address: FC OC -r> 1A,,ePn 4P CONTRACTOR Name: Phone: 03- PIP- OT -4 9 - Address: 030 7� Supervisor's Construction License: D 1 `/S�/3� Exp. Date: ,)-3-/o Home Improvement License: / 0 G P 7 ;;� Exp. Date: % JC -, 0 F - - ARCHITECT/ENGINEER Name: Phone: Address: Reg. No. FEE SCHEDULE: BULDING PERMIT: $12.00 PER $1000.00 OF THE TOTAL ESTIMATED COSTBASED ON 5125.00 PER S.F. Total Project Cost :$- /, SrS-, a 7 xI2.00=FEE:$ Check No.:Receipt No.: Page lol'4 TYPE OF SEWERAGE DISPOSAL Public Sewer Tanning/Massage/Body Art E]Swimming Pools ❑ Well ❑ Tobacco Sales ❑ Food Packaging/Sales ❑, Private (septic tank, etc. ❑ Permanent Dumpster on Site ❑ Electric Meter location to project ATlITT _ ■ • runs contracring wtut unregistered contractors do not have access to the guarantyfitnd Signature of Agent/Owner Signature of contractor Plans Submitted Plans Waived ❑ Certified Plot Plan ❑ Stamped Plans ❑ THE FOLLOWING SECTIONS FOR OFFICE USE ONLY INTERDEPARTMENTAL SIGN OFF - U FORM DATE REJECTED PLANNING & DEVELOPMENT ❑ U ❑Water Shed Special Permit ❑ Site Plan Special Permit ❑ Other COMMENTS DATE REJECTED CONSERVATIONEl 7 COMMENTS t� DATE REJECTED HEALTH ❑ ❑ COMMENTS Zoning Board of Appeals: Variance, Petition No: Zoning Decision/receipt submitted yes Planning Board Decision: Conservation Decision: Comments Comments DATE APPROVED DATE APPROVED DATE APPROVED Water & Sewer connection/Signature & Date Drivewav Permit �� Temp Dumpster on site yes no_ Fire Department signature/date Building Setback (ft.) Front Yard Side Yard Rear Yard Required Provided Required Provides Required Provided Dimension Number of Stories: Total land area, sq. ft.: ivv i ca unu u/A i A — l ror Page 3 ot'4 Total square feet of floor area, based on Exterior dimensions. Doc: INSPECTIONAL SERVICES DEPARI'MENT BITORN105 Crented JMC. Jan 2006 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 e�Building Permit Application cr'Workers Comp Affidavit Photo Copy Of H.I.C. And/Or C.S.L. Licenses Copy of Contract Floor Plan Or Proposed Interior Work Addition Or Decks ❑ Building Permit Application ❑ 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) 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 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 DEPAR'rMEV'r:BPF0RNI05 Pma• 4 W4 Locationy 4)�� No. Date J �oRT� TOWN OF NORTH ANDOVER Qf �ao .• 1,y. f • OL 9 Certificate of Occupancy $ J�cNus Building/Frame Permit Fee $ Foundation Permit Fee $ Other Permit Fee $ TOTAL $ Check # / 19 915 ",N86ilding Inspector r PQ y ECD ti %V4 m c E 0 � ` o Z' 3 O CD C C C m O • i � W C C o �� m o cm3 om o z cmc m - O • :CD m _` J `�' Z o : L. o vi -�d O - C m M m C o ell�_ m :m`3 N ~ca CLO- Q� Wlb UJ o, a go •- Z v m ca *0 o CLca *0 c g --� ti a m ' o .� _go I.- z s aw m U O O CD Z O D CO2 CD CO) O CL 0 CD w cc M CO2 O O �O. CO2 C O O L �O 6.7 a� CL H s CD C! C C QCD■� m m H =_ 3� �+ CD C* CL � C O 'v O Z ts CD C. COD C _ LLI 0 U) LU Y/ W W I% W U) I S.. o w S S.a W C �■ a w ll,� Q� W Ix `. O a a o� iv Q cc o Z o r PQ y ECD ti %V4 m c E 0 � ` o Z' 3 O CD C C C m O • i � W C C o �� m o cm3 om o z cmc m - O • :CD m _` J `�' Z o : L. o vi -�d O - C m M m C o ell�_ m :m`3 N ~ca CLO- Q� Wlb UJ o, a go •- Z v m ca *0 o CLca *0 c g --� ti a m ' o .� _go I.- z s aw m U O O CD Z O D CO2 CD CO) O CL 0 CD w cc M CO2 O O �O. CO2 C O O L �O 6.7 a� CL H s CD C! C C QCD■� m m H =_ 3� �+ CD C* CL � C O 'v O Z ts CD C. COD C _ LLI 0 U) LU Y/ W W I% W U) I S.. V_ o. c o m c W C �■ S.` ll,� Q� W Ix `. O o� Z Y iv Q r PQ y ECD ti %V4 m c E 0 � ` o Z' 3 O CD C C C m O • i � W C C o �� m o cm3 om o z cmc m - O • :CD m _` J `�' Z o : L. o vi -�d O - C m M m C o ell�_ m :m`3 N ~ca CLO- Q� Wlb UJ o, a go •- Z v m ca *0 o CLca *0 c g --� ti a m ' o .� _go I.- z s aw m U O O CD Z O D CO2 CD CO) O CL 0 CD w cc M CO2 O O �O. CO2 C O O L �O 6.7 a� CL H s CD C! C C QCD■� m m H =_ 3� �+ CD C* CL � C O 'v O Z ts CD C. COD C _ LLI 0 U) LU Y/ W W I% W U) k'A c o m c �vV •C dC Z O ' �Ea O U E c r PQ y ECD ti %V4 m c E 0 � ` o Z' 3 O CD C C C m O • i � W C C o �� m o cm3 om o z cmc m - O • :CD m _` J `�' Z o : L. o vi -�d O - C m M m C o ell�_ m :m`3 N ~ca CLO- Q� Wlb UJ o, a go •- Z v m ca *0 o CLca *0 c g --� ti a m ' o .� _go I.- z s aw m U O O CD Z O D CO2 CD CO) O CL 0 CD w cc M CO2 O O �O. CO2 C O O L �O 6.7 a� CL H s CD C! C C QCD■� m m H =_ 3� �+ CD C* CL � C O 'v O Z ts CD C. COD C _ LLI 0 U) LU Y/ W W I% W U) C4 D =m u y N 0 A "Wm we m A f v m Z n m v O 0 o 0 �• �-* UG O 0 O � � v� O CD CD CD m a. . ol• • CD a o � o oov4 o v4 d . �a N O � N o0 II C� rn C4 D =m u y N 0 A "Wm we m A f v m Z n m N r c n ty c D (1 A 3 =gym ASN 'm N H =-,v 0 m 'Z �mm 0 c i� o Q. r+ N O tD O N n O �. N L O (D o'VP 0 r. O w 0 11 Mu • M • �a O o �• O 0 ¢, o aA v4 (D a `� p - w c� (�tD° o �(D ~ d (D aQ cn ~ �a O ~ N � � N N � O o II �o N r c n ty c D (1 A 3 =gym ASN 'm N H =-,v 0 m 'Z �mm 0 c it N The Commonwealth of Alassachusetts Department of IndustrialAccidents Office of Investigations 600 Washington Street Boston,V14 02111 l www.mnss.gov/dia Workers' Compensation Insurance ,affidavit: Guilders/Contractors/Electricians/Plumbers ADDlicant Information Please Print Legibly Name tl)usiness;Ur�aniialit�Nlntli�i�tuul): �jL/r�'/%�� carr 6wLbr4LS C_ \ddress: 1 29-0/ L.v City; State., Zip: S%l CI'C el" /l//I 0397? Phone #• l0o - tr? ikre you an employer? Check the appropriate box: 1. E�l am a employer with q. ❑ 1 am a general contractor and I employees (full and`or part -tune).* have hired the sub -contractors 2. ❑ 1 am a sole proprietor or partner- J listed on the attached sheet. ship and have no employees These sub -contractors have working for me in any capacity. workers' comp. insurance. [No workers' comp. insurance 5. ❑ We are a corporation and its required.] officers have exercised their 3. ❑ 1 am a homeowner doing all work right of exemption per,VIGL myself. [No workers' comp. c. 152, 31(4), and we have no insurance required.] employees. [No workers' comp. insurance required.] Type of project (required): 6. ❑ New construction ?. ❑ Remodeling 3. ❑ Demolition 9. ❑ Building addition 10.❑ Electrical repairs or additions I I .❑ Plumbing repairs or additions 12.0 Roof repairs 13.❑ Other '.\ny applicant that checks box,'! I must also fill out the section below showing their workers compensation policy information. ` Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating auch. Contractors that check this hox most attached an additional Acet showing the name of the sub -contractors and their workers comp. policy information. I (tin un employer thal is providing workers' compensation insurtinc•e far my etnphcyees. Below is the policy unci job site information. Insurance Company Name:___ e4*0 1,4 I/i/S•— -- --- ___-- Policy 't or Self -ins. Lic. f:_ G�(90 `� a �5//S` __ —__ Expiration Date: ��// Job Site Address: 6`10 QLD %�e� R� City-Statt'Zip:_ / . Attach a copy of the workers' compensation policy declaration page (showing the policy number and expiration date). FBlore to secure coverage as required under Section 25,\ of b1GL c. 152 can lead to the imposition ofcriminal penalties ora tine up to $1,500.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP \k ORK ORDER and a tine ot'up to $250.00 a clay against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investioations of the DIAfor insurance coverage verification. I do hereby c'ertif'y under the -pons and penalties of perjury that they information provided above is true and correct. Photic ' �-,p_?- '�- f'F- o,.P 66 � _ ?C /11 - -- c)ffic•ird ase only. 1)u rzrn xr•ite itt chis urs a, n, bc�'nmp/ctc•d by c•itp nr rnwn ,rjfic•iu/. City or Tow n: Permit/License # Issuing Atithority (circle one): 1. Board of Health ?. Building Department 3. City/T-twn Clerk A. Electrical inspector 5. Plumbing Inspector 6. Other Cont:act ncc-•:r,n: —^---None ll: .---------------------------- - - �„ CERTIFICATE OF LIABILITY INSURANCE of/11/2006' PRODUCER (603)669-0704 FAX (603)669-6831 Infantine Insurance, Inc. P.O. Box 5125 Manchester, NH 03108 Joyce Dunlap THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Blackdog Builders, Inc. 7 Red Roof Lane Unit 1 Salem, NH 03079 INSURERA: Peerless Insurance 24198 INSURERB: Acadia Insurance Co. 31325 INSURER C: INSURER D: INSURER E: CAVFRCGFS 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 ADDIH TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY CBP9869957 07/01/2006 07/01/2007 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 100,0001 CLAIMS MADE I OCCUR MED EXP (Any one person) $ 5,000 A PERSONAL &ADV INJURY b 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS • COMP/OP AGG S 2,000,000 POLICY PR i JECT LOC AUTOMOBILE LIABILITY BA9860458 07/01/2006 07/01/2007 COMBINED SINGLE LIMIT X ANY AUTO cc (Ea accident) 1,000,000 1,000,00 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) S A BODILY INJURY X HIRED AUTOS X NON -OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ L ANY AUTO � AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY CU8145733 07/01/2006 07/01/2007 EACH OCCURRENCE $ 1,000,00 X OCCUR FICLAIMS MADE AGGREGA7F $ 1,000,000 A $ $ HDEDUCTIBLE X RETENTION $ 10,000 1$ WORKERS COMPENSATION AND WCA006920415 07/01/2006 07/01/2007 X I �C STATU-MITS 'O TH- R B EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYE9 $ 500,000 OFFICERIMEMBER EXCLUDED? If yes. describe under E.L. DISEASE - POLICY LIMIT 1 $ 500,000 SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER AGENTS OR REPRESENTATIVES. For Informational Purposes AUTHORIZED REPRESENTATIVE ACORD 25 (2001108) FAX: 898-0821 ©ACORD CORPORATION 1988 License or rggbjMtjQU vaUd for liudiviclul U39 only before the oxolratbu date. If fouad return to: >ioard al a4ildlog Reguiatto -as and Standards Oise -4@ Asliburtou Mace Am 1301 Bustou"Ma. 02108 Nat valid withnu -9, turn BLACKDOGIBU DAMID BRYAN 7 R13D ROOF LNI. Salem, NH 03079 Deptiv AdmWistram 71. BOARD OF BUILDING REGULATIONS License: CONSTRUCTION SUPERVISOR Number`: CS 094515 Birthdate: 02/03/1959 Expires: 0210312010 Resfricted; '00 THOMAS E CARR 7 WESTWOOD DRIVE LONDONDERRY, NH 03053' Tr. no: 94515 Commissioner Section II Construction Contract of the Contract/Proposal for Andrew and Debbie James 12/18/2006 Contract Proposal — Page 6 of 25 BUSINESS CONDITIONS TO THIS CONSTRUCTION CONTRACT This Contract, dated 12/19/2006 is by and between: Andrew and Debbie James 80 Old Farm Road North Andover, MA 01845 Blackdog project code JAMES -5679-K (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: 80 Old Farm Road, 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: Kitchen Remodel (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 $51,888.27. 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 COMPLETION PROVISIONS The WORK will begin on approximately 1/2007 and will be completed, absent unusual or unforeseen circumstances, on 4/2007 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 a. 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 to bring the project into compliance with any relevant local, state and county building code. 12/18/2006 Contract Proposal - Page 4 of 25 CONSTRUCTION CONTRACT This Contract is by and between: Andrew and Debbie James hereafter referred to as "OWNER", and Blackdog Builders, Inc hereafter referred to as "CONTRACTOR" for work at 80 Old Farm Road, North Andover, MA 01845 dated 12/19/2006. 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 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. 12/18/2006 Contract Proposal — Page 7 of 25 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. 5. 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 located. 6. HIDDEN. CONCEALED and UNFORESEEN CONDITIONS a. The parties agree that in the event CONTRACTOR discovers a hidden, concealed or unforeseen condition 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 change 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. 12/18/2006 Contract Proposal — Page 8 of 25 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 shall pay subcontractors in a timely manner and obtain from subcontractors any necessary documentation required to release their liens, if any, as the work proceeds.. 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: 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. 12/18/2006 Contract Proposal — Page 9 of 25 d. No termination shall be effective unless 10 days 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 you have received. g. 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 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 on 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 frorrr 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 other party reasonable attorneys' fees, costs and expenses incurred by the prevailing party in connection with such dispute resolution process. Consumers in Massachusetts shall be required to submit to such arbitration as provided in MGL c. 142A. Andrew and bbie James 4AM am Ara ger 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. If CONTRACTOR continues to perform, Owner shall continue to make payments in accordance with this Contract. 12/18/2006 Contract Proposal — Page 10 of 25 12. 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 INDEMNITY 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. 13. WARRANTIES a. The work of the CONTRACTOR, including materials and labor, shall be warranteed for a period of three (3) 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. 12/18/2006 Contract Proposal — Page 11 of 25 c. Notwithstanding any manufacturer's warranty of any component, appliance, or system, no action may be brought against the CONTRACTOR on this CONTRACT for the performance of this work, except as provided above. d. 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. 14. 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. 15. ENTIRE AGREEMENT 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.. ACCEPTED: ager DATE: /2 • D 12/1 /2006 DATE: Andrew J es ,C/ �' _ DATE: 4,11 Debbie James 12/18/2006 Contract Proposal — Page 12 of 25