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HomeMy WebLinkAboutBuilding Permit #689 - 808 GREAT POND ROAD 5/1/2018 BUILDING PERMIT o*No DT 6gti TOWN OF NORTH ANDOVER or 0 APPLICATION FOR PLAN EXAMINATION A 70 Permit NO: Date Received ��AA h �SSACHUS Date Issued: IMPORTANT: Applicant must complete all items on this page ,LOCATION A w Pnnt . Pa s - PROPERTY OWNERP.u'V) SEc,�CP�i P nt , MAP 210 ` PARCEL:. ZONING:DISTRICT: Historic Distr�c# . s _ yes :Machine Shop'Village y s n TYPE OF IMPROVEMENT PROPOSED USE Residential Non- Residential New Building One family Addition Two or more family Industrial Alteration No. of units: Commercial Repair, replacement Assessory Bldg Others: Demolition Other Septic Well --J Floodplain "Wetlands. Watershed District�r, Water/.Sewei DESCRIPTION OF WORK TO BE PREFORMED: 1 S'- Le�}- A- C4.1stm" M AL e4.*rk- Identification Please Type or Print Clearly) OWNER: Name: Sieg Phone: Address: QV9V 6 onsL9 Al CONTRACTORa Narrae: Phone: .r &1 Address: 1-11 Ar I h�GIG - Supervisor's Construction License: Epp. Date: ,01131961c r . .date: Horne--improvement License: exp ARCHITECT/ENGINEER Phone: Address: Reg. No. FEE SCHEDULE:BULDING PERMIT:$12.00 PER$1000.00 OF THE TOTAL ESTIMATED COST BASED ON$125.00 PER S.F. Total Project Cost: $ 1�s33�i, �S FEE: $ ��U 2Z�X 2-- Check No.: f��{N Receipt No.,6 13s NOTE: Persons contracting with unregistered contractors do not have access a gua my fund Sgnature"of Agent/Owner - Signature of contrac# Plans Submitted Plans Waived Certified Plot Plan Stamped Plans TYPE OF SEWERAGE DISPOSAL Public Sewer Tanning/Massage/Body Art Swimming Pools Well Tobacco Sales Food Packaging/Sales Private(septic tank,etc. Permanent Dumpster on Site THE FOLLOWING SECTIONS FOR OFFICE USE ONLY INTERDEPARTMENTAL SIGN-'OFF - U FORM' DATE REJECTED DATE APPROVED PLANNING & DEVELOPMENT COMMENTS CONSERVATION Reviewed on Signature •r t' COMMENTS HEALTH Reviewed on . Signature COMMENTS ' 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 =mTerrrp Durrips er'iQn3site yes' _ ', ono,* ocatedat 124 Main Street ' , . w Fire Department sinnatuare/date .. COMMENTS . ;. 1 .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 j I. ❑ Notified for pickup - Date .._.............................................................................................._............................._..............................................................._...................................................__...__.._...._....................._.................................................................................................................._.__....................................._._................................... ......_. Doc.Building Permit Revised 2010 I 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 U. 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 o Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit Addition Or Decks ❑ 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 o Photo of H.I.C. And C.S.L. Licenses ❑ Workers Comp Affidavit o 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:Building Permit Revised 2008 Locationy� No. Date _lo NORTH TOWN OF NORTH ANDOVER 3?O�t•`•o �•,�O�L f 9 + Certificate of Occupancy $ + � , Lof SSA[NUSEt Building/Frame Permit Fee $ '. Foundation Permit Fee $ Other Permit Fee $ Vr TOTAL $ Check # /5 23'i `3 5 Building Inspector The Commonwe¢lth of Afassachusetts Department o f Industrial Accidents Office of I-nvestig ins u. 600 ffrashington Street Boston, M4 0211, www.Massgov/dia Workers' Compensation Insurance.Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print LeQlibl Name (Business/Orgmization/individual): 4&_t�w. Address: City/State/Zip:-_� x �'t. Q �/i Phone#: (5 - 3, J, GbOIJ Ar you an employer?Check the appropriate boxc 1• I am a employer with 4. ❑ I am a Q Type of project(required): . employees(full and/or part-time).* have hired the sub-contras tor d 1 tors 6• ❑New construction 2• I an a sole proprietor or partner- listed on the attached sheet 1 7• ❑Remodeling ship and have no employees These sub-contractors have working for me in any capacity. workers' comp.insurance. 8' ❑Demolition [No workers' comp.. inarrran 5. 9. Building p ce ❑ We are a c ❑ addition corporation and its n 3.❑ required.] officers have exercised their 10•0 Electrical repairs I am a homeowner doing all work right of ex additions per MGL myself. 11.❑Plumbing repairs or additions f [No workers' comp. C. 152,§1(4),and we have no in required.] t employees. [N o workers, 12.0 Roof repairs rkers Pomp.insurance required.] 13 ❑Other `=ny EP;alicant that chi box AQ must also RK'oat the section belo� hot W., Homeowners who summit this affidavit indicating the},are dciag aL'work and then'hire outside ontractozs must submit a new affidavit indicating such. +Contractors that check this box must attached an additional sheet showing the name of the sub-contractors and their workers'comp,policy information. I am an employer that is providing workers'compensation insurance for information. my employees Below is the policy and job site Insurance Company Name: Policy#or Self-ins.Lie.#.--c 2 4 41�17 Expiration Date: 2,1 Job Site Address: Attach a copy of the workers' kK::City/State/Zip: /V 4n compensation policy declaration nae(showing P b .(. wing the policy number and expiration date). Failure to secure coverage as required under Section 25A ofMGL c. 152 fine up to$1,500.00 and/or one-year imprisonment,as Well as civil penalties an tlaetf rme imposition a STOP WORKcriminal aRDgZ penalties of of a of up to $250.00 a day against the violator. Be advised that a copy o f this sem. Investigations tement mayb ions ofe g the DIA for insurance overage verification. forwarded to the Office of I do hereby c fy under the p enalties o P fPerjurJ'thQt the information.provided above is true and correct Si store: Phone#. ! Official use only. Do not write in this area, to be completed Zy city or town o�ciaL City or Town Permit/License# Issuing Authority(circle one): 1.Board of Health 2.Building Department 3.Cityl own Clerk 4.Electrical Inspector 5.Plumbing 6. Other b Inspector Contact Person: Phone#: .A Information an- d Instructions Massachusetts General Laws chapter 152 requires all employers to provide workers comPensation for their employees. s. Pursuant to this statute,an employee is defined as"...every person in the service of another under any contract of hire, express or implied,oral or written." An employer is defined as"an individual,,partnership,association,corporation or other legal entity, or any two or more of the foregoing engaged in a joint enterprise,and including t1lae legal representatives of a deceased employer, or the receiver or trustee of an individual,partnership,association ox-other legal entity,employing employees. However the owner of a dwelling house having not more than three.apartrLents and who resides therein,or the occupant of the dwelling house of another who employs persons to do maintemance,.construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152,§25C(6)also states that"every state or local Iicensing_;agency.shall withhold the issuance or renewal,of a license or'permit to operate a business or to t✓onstruct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required." Additionally,MGL chapter 152, §25C(7)states"Neither the commonwealth nor,any of it's political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the.incu_rance requirements of this chapter have been presented to the contracting authority." Applicants Please fill out the workers' compensation affidavit completely,by checking the boxes that apply to your situation and,if necessary,supply sub-contractors)name(s),address(es)and phone number(s)along with their certificate(s)of insurance. Limited Liability Companies(LLC) or Limited Liability partnerships(LLP)with no employees other than the members or partners;are not required to carry workers'compesation insurance. If an LLC or LLP does have employees,a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. .Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the pertaitor license is beingg requested,not the Depa.*tTMent.of Industrial Accidents. Should you have any questions regardirxg the law or if you ere requited to obtain,a workers' compensation policy,please call the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate line. City or Town Officials Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant Please_ e be sure io fill in the permit/licemnumber which will be used as a reference number: In addition,an applicant that must submit multiple permit/license applications in any given year,need only submit one affidavit indicating current policy information(if necessary) and under`.`Job Site Address"the applicant should write"all locations in (city.or town)."A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each . year.Where a home owner or citizen is obtaining a license or permit not related to any business.or commercial venture (i.e.a dog license or permit to burn leaves etc.) said person is NOT required to complete this affidavit The Office of Investigations would like to than you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call The Department's address,.telephone and:fax number._... The Commonwealth of Ma.ssaahusetts Department of Industrial Accidents Office of lnvestfgations 600 Washington Street Boston,MA 0.2111 Tel. # 617-727-4900 e l406 or 1-877-MASSAFE Revised 5-26-05 Fax# 617-72.7-7749 uc'WW-mass._aov/dia. i , �,yORTH �. , over x 0 DA �O ►- L A E - dover, Mass., f e ' 0 COCHICHEWICK y� ADRATE D `S BOARD OF HEALTH Food/Kitchen PER MIT Septic System T BUILDING INSPECTOR THIS CERTIFIES THAT............. � ......6 ........................ ............ .................. ............ Foundation has permission to erect..................................... .. buildings on .... .. ............ ..................v....... ...�..... ... .... Rough to be occupied as......... 0010.lG. j Chimney provided that the person accepting this permit sha I in every respect conform to the terms of the app cation on file in Final this office, and to the provisions of the Codes and By-Laws relating to the Inspection, Alteration and Construction of Buildings in the Town of North Andover. PLUMBING INSPECTOR VIOLATION of the Zoning or Building Regulations Voids this Permit. Rough PERMIT EXPIRES IN 6 MONTHS Final � UNLESS CONSTRtJTO. T TS ELECTRICAL INSPECTOR Rough 500 ...... .................. ...... .............. Service BUILDING INSPECTOR Final Occupancy Permit Required to Occupy Building GAS INSPECTOR Rough Display in a Conspicuous Place on � T the Premises — Do Not Remove Final No Lathing or Dry Wall 1 o Be Done FIRE DEPARTMENT Until Inspected and Approved by the Building Inspector. Burner Street No. SEE REVERSE SIDE Smoke Det. r� ACORDTM CERTIFICATE OF LIABILITY INSURANCEDATE(MM/DD/YYYY) 2/23/2010 PRODUCER Phone: 508-746-0055 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Rogers & Gray Ins. Plymouth ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 341 Court Street HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. Box 3700 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Plymouth MA 02361-3700 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A:Endurance American Specialty I Able Restoration, Inc wsURERB:ACE American Insurance Com Able Construction Services, Inc. 14 Longwater Drive INSURERc:Acadia Insurance B1325 Rockland MA 02370 INSURER D: INSURER E: COVERAGES 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 ADDI POLICY EFFECTIVE POLICY EXPIRATION LTR NSRD TYPEOFINSURANCE POLICYNUMBER DATE MM DD DATE MM/DD LIMITS A GENERAL LIABILITY ECC10100874700 8/25/2009 8/25/2010 EACH OCCURRENCE $1,000,000 X DA GETO NTED COMMERCIAL GENERAL LIABILITY PREMISES Ea occurence $50, 000 CLAIMS MADE R:1 OCCUR MED EXP(Any one person) $5, 000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2.000,000 GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $2, 000,000 POLICYX jE LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANYAUTO (Ea accident) $ ALL OWNED AUTOS' BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EAACCIDENT $ ANYAUTO EAACC $ i EOTHERTHAN 1AUTOONLY: AGG $ A EXCESS/UMBRELLA LIABILITY EXS10100874800 8/25/2009 8/25/2010 EACH OCCURRENCE _$5000,000 X I OCCUR El CLAIMS MADE AGGREGATE $5,000, 000 $ DEDUCTIBLE $ X RETENTION $10,000 $ B WORKERS COMPENSATION AND 045824688 8/25/2009 8/25/2010 X oRSLIATTs O R EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1.000, 000 OFFICERIMEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $1 0 0 O 0 0 0 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT 1$ 1 000 000 OTHER A OECC10100874700 8/25/2009 8/25/2010 $1,000,000 EA OCCURRENCE C Contractors Pollution CIM0312070 9/10/2009 9/10/2010 $2,000,000 AGGREGATE Bailment Coverage $500,000 BLANKET LIMIT DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS when required by signed contract, additional insured status is provided on the General & Excess liability policies on a primary & non-contributory basis. Waiver of Subrogation applies when required by contract. 30 day notice of cancellation is provided except for non-pay cancellation, which is 10 days by state statute. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER Able Construction Services, Inc. WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE 14 Longwater Drive CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO Rockland MA 02370 • SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25(2001/08) ©ACORD CORPORATION 1988 r IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ;.ORD 25(2001/08) Able Construction Services, Inc. 14 Longwater Dr•Rockland,Massachusetts 02370 •Telephone(781)335-0000 •FAX(781)335-9226 TOLL FREE(888)ABLE-911 or(888)225-3911 CONSTRUCTION AGREEMENT This CONSTRUCTION AGREEMENT is made as of this February 8th,2010 and is by and between(i) (°°Contractor")Able Construction Services, Inc., a Massachusetts corporation having a usual place of business at 14 Longwater Drive,Rockland MA 02370 with a contractor registration number of 128430, Exp. April 7t', 2011, through its authorized representative Gavin A. Miles, and (ii) ("Owner"), Dr. Stephen Scully, residing at 808 Great Pond Rd in North Andover, MA. Now therefore, Contractor and Owner agree as follows: 1. Engagement. Owner hereby hires Contractor to provide Owner with reconstruction and rehabilitation services of Dr. Stephen Scully's property located at 808 Great Pond Rd. North Andover, MA, which sustained casualty loss due to water damage from severe ice damming. 2. Scope of Work. a. The scope of work shall include general conditions, procurement, contracting, subcontracting, quality control, and construction gree_ment administration and other services as specifically described on the page of this agreement titled `Exhibit A- Work Scope.' b. It is also expressly understood and agreed that Contractor shall not be responsible for rendering any services or furnishing or installing any items not specifically on the page of this agreement titled `Exhibit A - Work Scope.' C. Owner understands that this is not a contract of insurance:Owner agrees that Contractor is working for the Owner and not the insurance company, insurance company's agent or adjuster, or public adjuster. Owner understands and agrees that neither his insurance company nor any of its agents has the right to cancel this Agreement. 3. Materials. All materials shall be new and of industry standard quality. Owner may request specific brands of materials, for which Contractor shall make every reasonable effort to provide, if the cost(s) for which are reasonably comparable to those contained in Work Scope. All equipment and materials for permanent installation shall be the products of recognized manufacturers and shall be new, without blemish or defect. You may cancel this agreement if it has been signed by a party thereto at a place other than an address of the seller,which may be his main office or branch thereof,provided you notify the seller in writing at his main office or branch by ordinary mail posted,by telegram sent or by delivery, not later than midnight of the third business day following the signing of this agreement. See the attached notice of cancellation form for an explanation of this right. r 2 4. Commencement of Work and Substantial Completion. Contractor shall commence the work as set forth below. Contractor understands that Owner intends to sign this Agreement and send in its deposit immediately, and therefore Contractor anticipates a start date of February 9th, 2010. Contractor estimates that the work shall be substantially complete no later than March 26th,2010. Substantial completion of the work pursuant to this Agreement shall be deemed to have occurred when at least 95% of the work is complete and, if a building permit is necessary, there has been a final sign-off by the North Andover Building Inspector. Any change orders that may be issued may change the substantial completion date. Upon substantial completion of work, Contractor shall obtain a certificate of occupancy on the Owner's behalf. 5. Termination. This Agreement may be terminated by either party in the event of breach or default of any material obligation in this Agreement by the other party, provided that such breach or default is not cured within ten (10) business days of written notice from non-defaulting party. Upon termination, Owner shall remain obligated to pay Contractor for all work performed. 6. Contract Price. Owner agrees to pay Contractor and Contractor agrees furnish all permits, equipment, machinery, tools and labor inclusive of payroll taxes, and furnish, deliver and install all materials inclusive of delivery charges and sales tax, required to be furnished, delivered and installed in accordance with the Work Scope for the price of $ 18,339.25. The Contract Price is subject to change only pursuant to written authorized change orders signed by both parties, or as may be required by governmental authorities having jurisdiction over the work, or as may become necessary due to unforeseen Property conditions such as mold damage. i. Payment Terms; Finance Charges and Collection Costs. a. Payments of the Contract Price shall be made in the following manner: (i) An initial deposit shall be due within five (5) business days of execution of this Agreement, totaling an amount of$6,200.00. Work shall not cormnence until the initial deposit has been received by Contractor. (ii) A second installment in the amount of $6,069.62 shall be due upon completion of the gypsum board systems. (iii) A third and final installment in the amount of $6,069.63 shall be due upon substantial completion of the project. b. Contractor invoices shall be submitted for payment to Owner'.s billing address at: 808 Great Pond Rd. North Andover, MA 01845 3 C. Owner shall make payments within seven (7) business days of receipt of each invoice. Owner shall bring any billing dispute to the attention of Contractor in writing within three (3) business days of receipt of each disputed invoice. d. If any payment is more than thirty(3 0) days late, Owner agrees to pay interest at I%per annum per month and to reimburse Contractor for all court costs, reasonable attorneys' fees, other costs of collection and for Contractor's administrative and staff costs associated with collection activities. Such administrative and staff costs shall be billed to Owner at the rate of seventy-five dollars ($75.00) per hour. e. In the event that Owner is seeking reimbursement from his insurance company for all or a portion of the Contract Price, Owner agrees that he will instruct the insurance company to include Contractor as an additional named payee on any payments when issued. If for any reason the check should come to or be made payable to Owner, Owner agrees to pay Contractor immediately upon receipt of the check from the insurance company. Owner understands and agrees that he is personally and fully responsible for any and all deductibles, depreciation, and any costs not covered by the insurance company. Owner agrees that immediately upon receipt of any insurance proceeds, Contractor's outstanding invoices shall be paid first in their entirety before any other contractors or suppliers are paid. 8. Acceleration of Payment. If Contractor reasonably believes that Owner may be unable to make any payment when due Contractor may require as a prerequisite to continuing the work that the balance of funds due under this Agreement, which are in possession of Owner, be placed in a joint escrow account requiring the signatures of both Contractor and Owner for withdrawal. 9. Enforceability of Agreement; Work,Scope and Estimate Preparation Fee. This Agreement shall become binding and fully enforceable by Contractor after Owner's cancellation rights as set forth in the Notice of Cancellation attached to this Agreement have expired. In the event that Owner is seeking reimbursement from his insurance company for all or a portion of the Contract Price, this Agreement will become binding and fully enforceable by Contractor when the insurance company substantially approves the Work Scope. If Owner attempts to terminate this Agreement prior to substantial completion for any reason other than an uncured breach or default by Contractor as set forth in Section 5, Owner agrees that in addition to any other damages that may be due and owing to Contractor, Owner shall be responsible for a Work Scope and Estimate preparation fee equal to eight percent (8%) of the Contract Price if the Contract Price is equal to or less than one hundred thousand dollars($100,000.00) or five percent (5%) if the Contract Price is greater than one hundred thousand dollars $100 000.00 . This provision shall not be construed as a waiver of an other rights that ( ) p Y g Contractor may have, including, but not limited to, it's right to seek specific enforcement of this Agreement. 10. Required Permits: Contractor shall obtain any and all required permits to complete the work Scope as Owner's agent. If Owner elects to secure his/her own construction-related permits he will be excluded from access to the Guarantee Fund under the Massachusetts Home Improvement Contractor Law, M.G.L. c. 142A. 4 1 l. Subcontracting. Contractor shall have the right to subcontract a part of the work. Contractor shall be fully responsible for the negligent acts and omissions of its subcontractors. Owner has the right to reject subcontractors who, in Owner's reasonable judgment, are unacceptable. An employee of Contractor shall act as the daily on site supervisor of all subcontractors, therefore, shall direct performance of all work. 12. Owner's Project Manager. Owner names as the day-to-day point of contact for Owner for project administration and for all issues arising under this Agreement (the "Owner's Project Manager"). 13. Change Orders. a. Owner may request changes to the Work Scope. Changes including, but not limited to, alterations or deviations involving additional material and/or labor costs, will be performed only upon receipt of fully executed change orders for same, signed by both Owner and Contractor. b. Payments for change orders shall be due as follows: One-hundred percent (100%) of the value of the change order at the time of its execution. C. Changes caused by factors beyond Contractor's control, such as changes (i) mandated by Governmental authorities having jurisdiction over the work or Property, (ii) in building code regulations, or (iii) due to property conditions which were unforeseen and unpredictable, may result in additional charges. Contractor shall notify Owner of any such changes and provide a written change order for each. Changes of this nature shall be considered mandatory in order to meet the requirements of applicable governmental authorities. 14. Insurance Requirements. Contractor shall maintain adequate insurance coverage (including a policy of comprehensive general liability insurance in the amount of One Million Dollars and workers' compensation insurance) during the term of this Agreement. Owner shall maintain adequate homeowners and builders risk insurance coverage(s) during the term of this Agreement. 15. Owner's Responsibilities. Owner agrees thatt it shall notify all interested parties that they will not have access to the Property until substantial completion and that any party desiring access must communicate its request for access to Project Manager. Project Manager may request access from Contractor and the terms of Section 15 above shall control. 16. Warranty. Contractor shall warrant all work to be free from defects of material and workmanship for a period of one (1) year following substantial completion of the work. Contractor shall obtain and submit equipment and material warranties offered by manufacturers in Owner's name. Items discovered with latent defects within the warranty period shall be replaced at no additional cost to Owner. Any warranties made by Able in connection with this Agreement shall be null and void in the event of a breach by Customer of any of his payment obligations. 17. Contractor's Indemnification. Contractor shall indemnify, defend and hold harmless Owner from and against any and all costs, claims, liabilities, damages, expenses (including reasonable attorneys' fees), causes of action, suits or judgments, incurred by Owner to the extent arising from or in connection with: (i) actions or omissions taken or made by Contractor or its subcontractors in r 5 connection with performance of the work; and (ii) any breach by Contractor of its obligations under this Agreement. 18. Limitation of Liability. Iii no event shall Contractor be liable for any sum or damages in excess of the Contract Price. Owner waives all claims for consequential damages. For the purposes of this Agreement, "consequential damages" shall mean indirect losses or injuries which are not the direct result of an action or failure to act by Contractor. For example, extra storage fees or other incidental costs that Owner may incur if the completion date is delayed would constitute consequential damages. 19. Owner's Indemnification. Owner shall indemnify, defend and hold harmless Contractor and its directors, officers, employees, agents and subcontractors from and against any and all costs, claims, liabilities, damages, expenses (including reasonable attorneys' fees), causes of action, suits or judgments, incurred by Contractor to the extent arising from or in connection with: (i) any breach by Owner of its obligations under this Agreement; (ii) the negligent acts of Owner; (iii) Owner's interference with the work; and(iv) the activities of other contractors, subcontractors or agents hired by Owner. 20. Owner's Representations and Warranties. Owner represents and warrants to Contractor as follows: (i)this Agreement will constitute the legal, valid and binding obligation of Owner enforceable in accordance with its terms; (ii) if applicable, the execution, delivery and performance of this Agreement are within Owner's powers, have been duly authorized by all necessary action and do not violate any of the terms or conditions in its governing instruments (including its bylaws or master condominium deed); (iii) the execution, delivery and performance of this Agreement do not violate any contract to which he is a party; (iv) he has the financial means to perform his obligations under this Agreement; and (v) none of the documents or other written information furnished to Contractor in connection with this Agreement contains any untrue statement of a material fact or omits to state any material fact. 21. Confidential Business Information. At times, Contractor may share certain confidential business information with Owner. This includes information regarding pricing and business methods and specifically includes the Work Scope. This information may not be disclosed by owner to other parties without the advance written consent of Contractor. Owner's insurance company may use this information ONLY to process Owner's claim. It may not disclose any of this information to Contractor's competitors or any other third-party under any circumstances. Owner is responsible for any losses or damages that Contractor incurs as a result of disclosure of Contractor's confidential information. 22. Choice of Law,Arbitration. The parties hereby mutually agree in advance that in the event that either party, Contractor or Owner, has a dispute concerning this Agreement, either party may submit such dispute to a private arbitration service which has been approved by the Secretary of the Executive Office of Consumer Affairs and Business Regulations and opposing party shallbe required to submit to such arbitration as provided in the Massachusetts Home Improvement Contractor Law, M. G.L. c. 142A. Injunctive relief(a court order) may be sought by either party without resorting to arbitration to prevent irreparable harm. Any lawsuit filed in connection with this Agreement must be filed in Plymouth County Superior Court and the "Prevailing Party" shall be entitled to payment from the opposing party 6 of its reasonable costs and fees, including, but not limited to, attorneys' fees arising from the civil action. "Prevailing Party" means the party who most substantially prevails in its claims or defenses in the civil action. Contractor Owner Date: Date: i 23. Registration of Contractor. All home improvement contractors and subcontractors shall be registered and any inquiries about Contractor or any subcontractor relating to a registration should be directed to: Director, Home Improvement Contractor Registration One Ashburton Place, Room 1301 Boston, Massachusetts 02108 (617) 727-8598 24. Liens and Security Interests. Unless otherwise set forth specifically herein, this Agreement shall not imply that any lien or other security interest has been place on the Property. This provision shall not be construed as waiving any rights that Contractor or its subcontractors may have under the Massachusetts Mechanic's Lien Law, M.G.L. c. 254. 25. Release of Liens. Payment by Owner upon substantial completion of thero'ect is contingent p J b upon receipt by Owner of.Release of Liens in a form satisfactory to Owner executed by the Contractor, any subcontractors who have performed work on the project, and all material providers for the project. 26. Headings. The headings in this Agreement are inserted for convenience only and shall not be used to define, limit or describe the scope of this Agreement or any of the obligations herein. 27. Final Agreement. This Agreement constitutes the final understanding and agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, understandings and agreements between parties, whether written or oral. This Agreement may be amended, supplemented or changed only by an agreement in writing signed by both of the parties. 28. Notices. Any notice required to be given or otherwise given pursuant to this Agreement shall be in writing and shall be hand delivered, mailed by certified mail, return receipt requested, or sent by recognized overnight courier to the addresses set forth below the signatures of each party below. 29. ,Severability. If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid unenforceable term had never been included. 30. Non-Recourse. None of Contractor's directors, officers, employee or affiliates shall have any liability for the obligations of Contractor under this Agreement. 7 31. Use of Pronouns. As used herein, all pronouns and any variation thereof and all defined terms shall be deemed to refer to the masculine, feminine, neuter, singular or plural, as the identity of the person, persons, entity or entities or the circumstances may require. 32. Effect of Waiver. If either party waives one of the provisions of this Agreement, it will not mean that he or it waives any other provision in this Agreement. A waiver will not affect any party's right to enforce the other provisions contained in this Agreement. Also, a party may agree to waive a breach of this Agreement, but if a party does so, it does not mean that such party waives any prior or subsequent breach of this Agreement by the other party, even if the other breach is of the same kind and nature. 33. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which shall constitute a single agreement. This Agreement may also be executed in duplicate originals. DO NOT SIGN THIS AGREEMENT IF THERE ARE ANY BLANK SPACES. For: Able Construction Services, Inc. For: Owner Home Improvement Contractor Registration 4128430, Exp. April 7t'' 2011 Federal ID#: 04-3 31763 5 14 Longwater Drive Rockland MA 02370 Dr. Stephen Scully Phone: (781) 335-0000 Fax: (781) 335-9226 Date: Date: OWNER IS TO SIGN TWO ORIGINALS AND RETURN ONE TO CONTRACTOR You may cancel this agreement if it has been signed by a party thereto at a place other than an address of the seller,which may be his main office or branch thereof,provided you notify the seller in writing at his main office or branch by ordinary mail posted, by telegram sent or by delivery, not later than midnight of the third business day following the signing of this agreement. See the attached notice of cancellation form for an explanation of this right. • Able Construction Services, Inc. 14 Longwater Dr•Rockland, Massachusetts 02370•Telephone(781)335-0000 •FAX(781)335-9226 TOLL FREE(888)ABLE-911 or(888)225-3911 Exhibit A Work Scope *Provide means: furnish and install, complete and ready to use. *Furnish means: supply and deliver, ready for unloading, unpacking, assembly, installation, and similar operations. The work of this contract is specific to the reconstruction of all areas throughout the home caused by water infiltration due to ice damming, and includes the following: ➢ Provide the complete repair of framing where required, including sub-flooring. ➢ Provide and install all required insulation, including sound attenuation material where required to bring home back to pre-loss condition. ➢ Provide skim coat of plaster over V2" blue board where required. ➢ Provide the replacement of all wiring and electrical devices that were damaged or removed as part of the demolition or as mandated by the North Andover wiring inspector. ➢ Provide closet doors in master bedroom where required to bring the home back to pre-loss condition. ➢ Provide the complete replacement of damaged trim work where required, including but not limited to architectural mill work, custom closet storage, crown molding, baseboard molding, and door and window stops, sills and casings. ➢ Provide the complete priming and painting of all walls, ceilings, mill work, and doors in the rooms affected by the water infiltration to bring the home back to pre-loss condition. ➢ Provide on-going and post construction cleaning of the house, including debris removal. NOTICE OF CANCELLATION Duplicate Notice (as required by law) 9 (Enter date of transaction) (Date) You may cancel this transaction,without any penalty or obligation,within three business days from the above date. If you cancel, any property traded in, any payments made by you under the agreement, and any negotiable instrument executed by you will be returned within ten business days following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be cancelled. If you cancel,you must make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you under this agreement; or you may if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller's expense and risk. If you do make the goods available to the seller and the seller does not pick them up within twenty days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract. To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice or any other written notice, or send a telegram to Able Construction Services, Inc. 14 Longwater Drive Rockland, MA 02370 not later than midnight of ( Date) I hereby cancel this transaction. (Date) (Buyer's signature) a a Able Construction Services, Inc. 14 Longwater Dr• Rockland, Massachusetts 02370•Telephone(781)335-0000 o FAX(781)335-9226 TOLL FREE(888)ABLE-911 or(888)225-3911 NOTICE OF CANCELLATION (Enter date of transaction) (Date) You may cancel this transaction, without any penalty or obligation,within three business days from the above date. If you cancel, any property traded in, any payments made by you under the agreement, and any negotiable instrument executed by you will be returned within ten business days following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be cancelled. If you cancel,you must make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you under this agreement; or you may if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller's expense and risk. If you do make the goods available to the seller and the seller does not pick them up within twenty days of the date of your notice of cancellation,you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract. To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice or any other written notice, or send a telegram to Able Construction Services, Inc. 14 Longwater Drive Rockland, MA 02370 not later than midnight of ( Date) I hereby cancel this transaction. (Date) (Buyer's signature) dl ►rilrlln�, t r;,construct . Re:trl.rtir ab,iC S tti el cO uctio tns; Lice n SuPervisor lYri1 ' t,ir°tl:►,d:� License: cs 90017 lic RAstr�cteC to_ er►se 00 ilq�;•;EL P 5 224 E SAV�T � xx ABINGTON AN02351 ty ,4g Expiration: 12/13/2010 Tri: 7602 . t ulalions and Standards Board of Building Reg CONTRACTOR HOME IMPROVEMENT Reg►Strat►on. 1.28430 Expiration,;41712011 ent Card TYpe�:�SUpplem C" L. ABLE RESTORATION INC DA -f SAULT ONGWATER 14 L023. OCK Mp,02370 :>.dminislt alor RLAND, i