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HomeMy WebLinkAboutBuilding Permit #Exception - 85 CARLTON LANE 5/1/2018 (2) TOWN OF NORTH ANDOVER APPLICATION FOR PLAN EXAMINATION Permit NO. Date Received Date Issued: 3,, ,J IlVIPORTANT:Applicant must complete all items on this page LOCATION 35 Cacuoh-) Lh rv� - Print PROPERTY OWNER r i J 5bacea Le mmeol Print "NO: 4 PARCEL ZONING DISTRICT: Historic District yes no Machine Shop Village yes n TYPE OF IMPROVEMENT PROPOSED USE Residential Non-Residential ❑ New Building PKOne family ❑Addition ❑Two or more family ❑Industrial teration No. of units: ❑ Commercial epair, replacement ❑Assessory Bldg ❑ Others: ❑Demolition ❑Other ® Septic' '®Floodplain� ,,_4 Wetlands '® WatershedDistrict; a_ 4 i 1 x } •y,[ t .Y __! '°Lr �s.rra� . , ,.°srl:�G.1'1f } �' ®�Wate_r/Sewers DESCRIPTION OF WORK TO BE PERFORMED: 4}« bl Re-VV0oatwNs INc1.x1 d k�lcti w C1J amltn Identification Please Type or Print Clearly) OWNER: Name: c114 5ince1 I.en,Moto Phone: 9%.)SF•038C Address: 1?5 Ca(i+ar, L tJ CONTRACTOR Name: Sb- n� kc, ,«, Phone: g7'5;. (>FF.M3L Address: 153 ►Ylaok S i- V Supervisor's Construction License: C5 7 y 4 19 Exp. Date: I - Zy - c71013 Home Improvement License: H 5 Oy-L Exp. Date: I?-- 2- e101 Z ARCHITECT/ENGINEER Phone: Address: Reg. No. FEE SCHEDULE:BULDING PERMIT:$12.00 PER$1000.00 OF THE TOTAL ESTIMATED COSTBASED ON$925.00 PER S.F. Total Project Cost: $ 9",,9yo FEE: $ Check No.: S�9 Receipt No.: A 347 NOTE: persons contracting with unregistered contractors do not have acc ss to the guaranty fund Signature:"of A ent/Owner;, '= Signature of contractot 4_ 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 o Building Permit Application o Workers Comp Affidavit o 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 o Building Permit Application ❑ Certified Surveyed Plot Plan ❑ Workers Comp Affidavit ❑ Photo Copy of H.I.C. And C.S.L. Licenses ❑ Copy Of Contract o 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 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 TOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit ri all cases if a variance or special permit was required the Town Clerks office must stamp the decision from the Board of Appeals tat the appeal period is over. The applicant must then get this recorded at the Registry of Deeds. One copy and proof of recording rust be submitted with the building application Doc: Doc.Building permit Revised 2008mi Plans Submitted.0- 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 i DATE REJECTED DATE APPROVED PLANNING &DEVELOPMENT ❑ ❑ COMMENTS CONSERVATION Reviewed on Signature COMMENTS HEALTH Reviewed on Signature COUVENTS 4 Zoning Board of Appeals:Variance, Petition No: Zoning Decision/receipt submitted yes Planning Board Decision: Comments Conservation Decision: Comments Water&Sewer onnection/Signature&Date Driveway Permit DPW Town Engineer: Signature: Located 384 Osgood Street FIRE DEPARTMENT -Temp Dumpster on site yes_, _ no Located at 124 Main Strut Fire Department signature/datez COMMENTS 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 U Notified for pickup- Date Doc:.Building Permit Revised 2008 Location No. 2 Date NORTH TOWN OF NORTH ANDOVER O ~ A 9 * ; ; Certificate of Occupancy $ E<'<'' Building/Frame Permit Fee $ • �_ -2 CHUS Foundation Permit Fee $ r Other Permit Fee $ TOTAL $ Check # ✓ � 2397 '2) Building Inspector � pRTF-1 ToVM of p over No. haGo '� dover, Mass., �• /J11 COC KIC ME w ICK 1" !�S RATED `�C S BOARD OF HEALTH PERMIT T DFood/Kitchen Septic System BUILDING INSPECTOR THIS CERTIFIES THAT.....` •� ... ..............................................:................... Foundation has permission to erect........... ......................... ildings on...6C...-.0 r'.�.I.... .4...... Rough t0 be occupied as........ ;... ........ .. �.A. .... fi�tl� .......... ....... Chimney provided that the person accepting this per s in everyrespect conform to the terms of the application 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 I I ' Final PERMIT EXPIRES IN 6 THS ELECTRICAL INSPECTOR UNLESS CONSTRUCON S Rough ................ Service . ... .............................. BUILDING INSPECTOR Final Occupancy Permit Required to Ocatpy Building GAS INSPECTOR Display in a Conspicuous Place on the- Premises — Do Not Remove RoughFinal No Lathing or Dry Wall To Be Done FIRE DEPARTMENT Until Inspected and Approved by the Building Inspector. Burner'. Street No. SEE REVERSE SIDE Smoke Det. a Steeplechase CONSTRUCTION CONTRACT A. Date of Execution March 5,2011 B. Parties Contractor: Steeplechase Builders,Inc. 153 Maple Street,Methuen,MA 01844 (978)688-5036 MA Home Improvement Contractor Registration#145042 Federal Identification#20-1906118 Contract executed by: Christopher D.Smith Joseph M.Clementi Principal,Director of Planning Principal, Director of Operations Steeplechase Builders,Inc. Steeplechase Builders,Inc. Owner: Jerry and Stacey Lemmon 85 Carlton Lane North Andover,MA 01845 C. Project Address 85 Carlton Lane,North Andover,MA 01845 D. Project Summary 1. Kitchen Renovations 2. Family Room Renovations 3. Dining Room Renovations 4. Foyer Renovations E. Project Cost $96,940.00 X Owneer/si ature(s) Date V 3/9/)' Contract(r Si aures Date ' CONSTRUCTION CONTRACT Contract prepared 3/18/2011 F. Contract Agreement The parties agree that this contract,together with documents listed in Section G below,represent the entire understanding of the parties,and neither party is relying on any representations or provisions not contained herein. G. Additional documents which form part of this agreement The parties agree that the following documents,referenced in this contract and signed concurrently with this contract,form part of this agreement: 1. Plan drawings prepared by David Beaulieu The parties acknowledge that they have received,read,signed and retained copies of each of the documents referenced above. H. Prosect Specifications The following,listed by construction phase,are the work specifications that the parties agree to: 1. Plans and permits: a) The Contractor,or its subcontractors,will act as the owner's agent to obtain the following permits,which are required by the Commonwealth of Massachusetts and/or the Town of North Andover: L Building Permit ii. Electrical Permit iii. Plumbing Permit Note: The building permit fees are determined by the local building authority and will be billed to the owner separately as the fees are incurred by the contractor. b) The Contractor,or its subcontractors,will act as the Owner's agent to coordinate and be present for all Building Department inspections required for all contractual work. 2. Project preparation: a) Place dumpster and portable restroom as required throughout the duration of the project b) Place dust barriers and floor protection as required throughout the duration of the project Notes: L The Owner shall cooperate with the Contractor to facilitate the performance of the work on site,including but not limited to providing keys and/or entry codes as necessary for Contractor to access the site. ii. The Owner shall permit the Contractor to use existing utilities,including but not limited to light,heat,water,and electricity,at no cost to Contractor,when necessary to perform or complete the work. Contractor Initials Page 2 of 14 wner Initials CONSTRUCTION CONTRACT Contract prepared 3/18/2011 iii. Dumpsters are budgeted for the project based on the anticipated requirements of the contractual work. No additional household materials are to be placed in dumpsters throughout the duration of the project without the prior written approval of the Contractor. Disregard for this policy will result in extra charges to the Owner. iv. See also Owner's obligations with regard to personal items in paragraph"N"below. 3. Selective demolition: a) Remove and dispose of existing appliances and fixtures in kitchen and hutch area. ** Set aside existing cooktop and microwave for owners to reuse. b) Remove and dispose of existing countertops and cabinets in kitchen and hutch area. ** Set aside selected cabinetry for owners to reuse. c) Remove and dispose of existing light fixtures in kitchen and hutch area. d) Remove and dispose of existing pantry door and shelves. e) Remove and dispose of existing kitchen/dining room door. f) Remove and dispose of existing sliding patio door in kitchen. 4. Framing: a) Frame wall openings between foyer and dining room. b) Frame opening and install track for new pocket door at dining room. c) Frame opening for larger pantry door. 5. Exterior doors: a) Install new storm/screen door at front entry($300.00 door allowance to include hardware). b) Replace existing kitchen patio door with a new Andersen 400 Series Frenchwood Gliding patio door with sliding insect screen(use existing rough opening). c) Patio door will be installed with the manufacturer's standard hardware offering (optional styles and finishes are available by change order upon request). 6. Exterior trim: a) Install new trim around new patio door(adjust width of trim as necessary to accommodate new unit without disturbing existing siding). 7. Sundeck: a) (NO changes or rework to sundeck are included.) 8. Electrical: a) Relocate thermostat in foyer to accommodate new opening in wall. b) Reuse existing circuits for the following appliances: i. Oven ii. Refrigerator iii. Dishwasher iv. Garbage disposal c) install new circuits as necessary for the following appliances: Contractor Initials Page 3 of 14 bwne�r Ind CONSTRUCTION CONTRACT Contract prepared 3/18/2011 L Convection oven ii. Microwave iii. Downdraft and blower iv. Wine refrigerator d) Install(9)new 5"recessed lights in the kitchen. e) Install(1)new 5"recessed light in the pantry(door-activated switch optional). f) Replace ceiling track and light fixture heads at the hutch area(owner to supply new track and heads). g) Replace surface mount ceiling light fixture in hallway between kitchen and foyer with a 5"recessed light. h) Install new light fixture over kitchen table area in corner(owner to supply new fixture). i) Install new light fixture over dining room table(owner to supply new fixture). j) Install new light fixture at foyer ceiling(owner to supply new fixture). k) Install new light fixture at ceiling near main stairway(owner to supply new fixture). 1) Install a total of(5)new halogen under-cabinet lights in kitchen and hutch area. m) Install(4)vertical low voltage lighting strips behind glass doors in hutch. n) Install dimmers on all lighting circuits. o) Install outlets throughout kitchen to meet code. 9. Plumbing: a) Relocate kitchen plumbing to the back wall to serve the new sink,faucet and dishwasher location. b) Cap existing plumbing feeds,drains and vents at kitchen island and at hutch. c) Install new undermount sink and faucet($1,200.00 total fixture allowance). d) Install new garbage disposal($250.00 allowance). e) Provide feed and drain for new dishwasher. f) Install new cold water feed for refrigerator in floor as required for specified model. g) Run a line from existing natural gas source in basement to new gas cooktop location and make connection. 10. Heating,Ventilation,Air Conditioning(HVAC): a) Install ductwork for kitchen downdraft vent and connect to remote blower. L Core hole in concrete foundation wall for 10"duct to pass through. ii. Downdraft unit and blower to be purchased and supplied by owner. b) Remove existing ductwork for downdraft vent and block up hole in rim joist. c) Reconfigure and/or extend existing heat/AC register as required due to new cabinetry in kitchen. 11. Insulation: a) Replace insulation in exterior wall that maybe disturbed by new plumbing. 12. Wall and ceiling coverings: a) Install blue board and plaster in reworked doors in dining room and kitchen,and in wall openings between foyer and dining room. b) Patch walls and ceilings as required following electrical and plumbing rough-ins. c) Match and blend ceiling texture as required in patched areas. Contractor Initials Page 4 of 14 Owner Initials CONSTRUCTION CONTRACT Contract prepared 3/18/2011 d) Patch all ceilings and walls affected by selective demolition. 13. Floor coverings: a) Patch wood flooring in reworked doorways and as necessary following removal of existing island. b) Sand and refinish wood floors in kitchen and sitting area(include pantry and small hallway adjacent to pantry). 14. Wall or specialty tile: a) Install porcelain field tile with sanded grout at kitchen backsplash,per plans($300.00 total material allowance for tile and grout;based on approximately$10.00 per square foot for tile,plus waste and grout). *Note:Unless otherwise noted,all wall tile is to be installed in straight patterns parallel to the floor. Some stone tile,such as marble,granite or slate may incur extra costs due to the additional labor required. Diagonal or other custom patterns may incur extra costs due to the additional labor required. Unless otherwise specified,sealing of tile or grout is not provided for in the contract. 15. Interior doors: a) Install custom red birch full-lite pocket door between kitchen and dining room(finished to match cabinetry on kitchen side and painted to match woodwork on dining room side). b) Install new solid-core,paint-grade,six-panel double door in pantry,installed with ball catches at top of doors($30.00 total knob allowance). 16. Interior trim: a) Install red birch casing around pocket door on kitchen side. b) Install/replace/adjust baseboard trim and casing as necessary to match existing trim. 17. Painting: General: a) Sand,caulk,prime and otherwise prepare for painting all new surfaces and surfaces affected by demolition. b) Fill and sand holes or gouges in existing walls before painting. Exterior: c) Paint new trim around new patio door with two coats of latex finish. First Floor: d) Paint all new interior trim with two coats of latex finish. e) Paint walls throughout kitchen,pantry and fireplace/hutch sitting area with two coats of latex finish. f) Paint all dining room walls with two coats of latex finish. g) Paint one foyer wall with new openings to dining room. h) Paint ceilings with one clean-up coat of latex finish in following locations: Contractor Initials Page 5 of 14 wner Initials i CONSTRUCTION CONTRACT Contract prepared 3/18/2011 i. In kitchen and sitting area,down hall and through foyer area to ceiling under balcony(across entire unbroken ceiling plane). ii. In pantry. iii. In dining room. i) Paint new double door at pantry with two coats of latex finish. j) Paint dining room side of birch pocket door with two coats of latex finish;finish kitchen side to match cabinetry. k) Paint all remaining existing trim in the kitchen and fireplace/hutch sitting area with one clean-up coat of latex finish. 18. Cabinetry and countertops: a) Install all kitchen and hutch cabinetry,countertops and pantry shelves per plans and per j Beaulieu Cabinetry proposal dated January 26,2011($46,496.00 total allowance). Note: The owner is responsible to supply all pertinent appliance specifications to the contractor. The contractor will be responsible for providing cabinetry built so as to be suitable to the appliances per the specifications;however,the contractor will not be responsible for problems that arise due to incorrect or insufficient information provided by the owner,the appliance dealer or the manufacturer. Any incorrect or insufficient information may result in additional costs to owner. 19. Appliances: a) Install all appliances per plan. Note: The owner is responsible to supply all appliances. The contractor provides no warranty with respect to any appliance. The agreement to install appliances shall not be construed as to require the contractor to program,test,troubleshoot or service the appliance. All concerns with respect to any appliance will be a matter between the owner and the appliance dealer or manufacturer. i 20. Cleanup: I a) Removal of dumpster and all construction debris b) Final cleanup of project areas to broom clean condition The parties acknowledge that they have read and understand the Project Specifications listed above and that they have been afforded the opportunity to discuss any possible misunderstandings related the specifications. I. Allowance Items Items designated in the Project Specifications with allowances are to be selected at the owner's discretion following the signing of this contract. Selections are to be reported to the Contractor(see Section J below),and the Contractor will purchase the item through its selected vendor. Contractor Initials Page 6 of 14 Owner Initials CONSTRUCTION CONTRACT Contract prepared 3/18/2011 A variation in cost for an allowance item will be reflected appropriately as a charge or credit in subsequent invoicing,or will be reflected in an Allowance Reconciliation Report prior to final invoicing at the completion of the project. The owner may elect to purchase an allowance item and supply that item to the Contractor for installation. In such cases,the following will apply: i. The entire allowance amount will be credited in subsequent invoicing ii. The Contractor will not warranty the item or service the manufacturer's warranty J. Design Specifications and Product Selections The owner will be provided with a list of Design Selection Deadlines for each phase of construction to facilitate the timely completion of the project. The owner is responsible to confirm and submit design specifications and product selections in writing(or e-mail)to the contractor before the deadlines indicated. �I The contractor will provide general assistance or advice as a courtesy to the owner;however,the contractor will not be held responsible for delays to the project schedule which may arise due to incomplete or untimely submission of the selections to the contractor. Should the owner resort to verbal transmission of information related to the design specifications and request that the contractor proceed without written instructions,the owner shall assume all responsibility for any errors in selections or design that may arise. If,in such cases,the owner requests corrective action,the contractor will inform the owner of the cost to make the corrections and no correction will be made until a change order has been approved with the owner's signature and payment in full for the corrections has been made. K. Change Orders i. Concealed Conditions Change Order The parties recognize that the contractor reviewed and bid the project based solely on observation of the existing site and structure in their current state at the time this contract was signed prior to any excavation or selective demolition prescribed by this contract. Any conditions in the site or structure which cannot be observed prior to excavation or selective demolition are considered"Concealed Conditions". Concealed Conditions may include,but are not limited to the following: 0 Soil conditions a Ledge • High water table • Hazardous materials Contractor Initials Page 7 of 14 Owner Initials CONSTRUCTION CONTRACT Contract prepared 3/18/2011 • Rot or mold within the structure • Infestation within the structure or surrounding soils • Acceptability of existing plumbing,electrical wiring or other existing utilities • Routing of existing plumbing or electrical wiring that does not accommodate the proposed project renovations • Existing structural members that do not accommodate the proposed project renovations Upon discovery of Concealed Conditions,the contractor shall stop work and notify the owner of the conditions. No related work will resume until the parties have agreed upon a course of action and a Change Order has been drafted and signed by both parties which clearly specifies the new work ordered and the entire additional cost of that work. I ii. Discretionary Change Order Any change or addition to the Project Specifications listed in Section H which does not derive from the discovery of adverse Concealed Conditions will be classified as a Discretionary Change Order. In such cases,a Change Order will be drafted and signed by both parties which will clearly specify the change or addition to the Project Specifications and indicate the total amount of the change in cost,if applicable. No related work will begin until the Change Order has been signed and payment has been made,as required by Contractor. iii. Invoicing instructions,including payment terms or credits,will be specified on the written Change Order and be approved by both parties before performing the work. iv. The contractor will make every reasonable effort to expedite Change Orders; however,the parties recognize that Change Orders may result in delays to the project schedule,and the parties agree that the contractor will not be held responsible for such delays. L. Payment The payment schedule outlined below is not intended to represent the exact cost of each of the items indicated. Rather,it is a convenient breakdown of the total sum to be paid,with"milestone"events establishing the schedule for payment. An invoice will be provided by the Contractor for each payment in the schedule below. Payments are due within(48)hours of delivery of the invoice. The owner shall pay the contractor,in consideration of the work and materials described herein,the sum of Ninety Six Thousand Nine Hundred Forty Dollars and No cents($96.940.00),subject to additions and deductions as provided for in Sections I and K above,to be paid as follows: Contractor Initials Page 8 of 14 caner Initials CONSTRUCTION CONTRACT Contract prepared 3/18/2011 Pymt. "Payment due"event Pymt.Amnt. 1 Design Service payment applied to Construction Contract $1,000.00 2 Upon signing Construction Contract $10,000.00 3 Upon ordering of cabinetry $20,000.00 4 Upon completion of framing and installation of patio door $10,000.00 5 Upon completion of rough plumbing and electrical $12,000.00 6 Upon completion of plaster $5,000.00 7 Upon delivery of cabinetry $20,000.00 8 Upon installation of all countertops $10,000.00 9 Upon completion of painting $7,000.00 10 Upon completion of final inspection and punch list $1,940.00 Total of all payments $96,940.00 Acceptance of final payment by Contractor,including any payment for change orders,shall constitute a representation by the Contractor that any mechanics liens and or materialman's liens arising from said Contract have been or will be timely released and/or discharged and that all subcontractors and suppliers have been paid in full for labor and materials provided. Said representation shall not take effect until the final payment has actually been received by Contractor. If final payment is made by check,this shall occur upon posting of the check to Contractor's account. If final payment is made by cash,this shall occur upon Contractor's receipt of payment. It is understood and agreed that bills are due and payable in full as indicated herein. Owner agrees to pay a finance charge of 1.5%per month(annual percentage rate of 18%)on any unpaid balance. All costs and expenses of collection,including but not limited to reasonable attorneys'fees and recording fees,shall be paid by Owner should collection efforts be initiated. If Owner should fail to make a payment in accordance with the schedule herein,Contractor has the option to cease work on the project until payment is made. The total number of days that work is stopped due to a late payment by Owner shall be added on to the completion date for the project plus an additional thirty(30)days so as to allow contractor to coordinate rescheduling of subcontractors. M. Proiect Schedule The anticipated project schedule is as follows: Commencement of contractual work To begin approximately 3 weeks prior to receiving ordered cabinetry to minimize disruption and use of kitchen. A scheduled time to receive ordered cabinetry will be given when cabinetry is signed off on by the client and the deposit is given. Approximate order time for cabinetry is 8 weeks but will be confirmed by Beaulieu Cabinetry. Contractor Initials Page 9 of 14 bwner Initials . CONSTRUCTION CONTRACT Contract prepared 3/18/2011 No work shall begin prior to the signing of the contract and transmittal to the owner of a copy of the contract. No work shall begin prior to the receipt of a Building Permit and receipt of any required deposit set forth at Section L. Substantial Completion*of contractual work Within(10)weeks of commencement *The term"Substantial Completion"is prescribed by the Home Improvement Contractor Registration Program and is intended to recognize the potential for delays in backordered products or other minor punch list items that may be subject to scheduling or weather considerations. The AIA definition of"Substantial Completion",as follows,shall be the definition for the purposes of this agreement: "Substantial completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that Client can occupy or utilize the Work for its intended use." The contractor will provide written notification of Substantial Completion to the owner. Punch List Items The owner agrees to provide a final written Punch List of incomplete items within(5)days of notification of Substantial Completion. The owner further agrees not to occupy or utilize the project areas prior to supplying the final written Punch List to the contractor. The contractor will make every reasonable effort to expedite completion of the Punch List items. N. Personal Property The owner is responsible to have all personal items removed prior to the commencement of work. The contractor will not be responsible for the removal of any of the owner's personal belongings from the work area. Such belongings may include,but are not limited to,the following: • Furniture(indoor or outdoor) • Appliances • Window treatments or other decorative accessories The Contractor,or its subcontractors may,as a courtesy,agree to move an item at the owner's request;however,the Contractor will not be held responsible for damage to any item under such circumstances. The owner agrees not to move personal items back in to the work areas prior to notification of Substantial Completion and submission of the final written Punch List. O. Driveway Waiver Contractor Initials Page 10 of 14 bwner Initials CONSTRUCTION CONTRACT Contract prepared 3/18/2011 The parties acknowledge that there is a normal risk of damage when driving trucks and heavy equipment,such as is normally used in construction,over paved surfaces. The parties also acknowledge that it is impractical to confirm the suitability of the substrate of a previously installed driveway or to guarantee that a previously installed driveway will not sustain damage when subjected to any given load. The owner agrees to hold the contractor harmless for normal wear and tear to the driveway. The owner also agrees to hold the contractor harmless for any damage that arises not because of neglect or abuse,but due to the unsuitability of the existing driveway to sustain heavy loads. The contractor agrees to repair damage to the existing driveway that arises out of neglect or abuse by the contractor or any of its subcontractors. The inability of the Contractor to determine the weight bearing capacity of the driveway shall not be construed as neglect. Repair shall not include a new driveway but shall be limited to patching or other required work and the contractor is not required to match the color of the repairs to the existing driveway. P. Promotion.Photography and Publication Owner agrees to placement of the Contractor's company sign on the front lawn,near the street for the duration of the project. The Contractor is free to photograph the jobsite before the project begins and throughout the duration of the project. Following completion of the project,the Owner agrees to provide a minimum of one opportunity for the Contractor to photograph the finished project,including the interior after the project spaces have been furnished and the exterior after landscaping has been completed. Owner agrees that Contractor may publish any photographs in its private portfolio,promotional materials or advertisements provided neither the Owners'names nor project address are identified, except the town or city the project is located in. Published photographs may include those taken before,during or after the project is complete. No compensation shall be due to owner for such publication. Q. Termination Owners'Statutory Right to Cancel The Owner has a three day cancellation right under Massachusetts General Laws Chapter 93, Section 48,Chapter 255D,Section 14,or Chapter 140D,Section 10 as may be applicable. The Owner may cancel this contract without penalty or obligation within three business days of the date of the contract. If the Owner cancels this contract within three business days of the date of the contract,any payments made by Owner under the contract will be returned within ten(10) business days following receipt by Contractor of the cancellation notice. If Owner cancels this contract within three business days of the date of the contract,Owner must make available to the Contractor,in substantially as good condition as when received,any goods Contractor Initials Page 11 of 14 bwner Initials CONSTRUCTION CONTRACT Contract prepared 3/18/2011 or materials delivered to Owner under this Contract. If Contractor does not pick them up within twenty days of the date of cancellation pursuant to this paragraph,Owner may retain or dispose of the goods or materials without further obligation. if Owner does not make the goods or materials available to the Contractor or if Owner agrees to return the goods or materials to Contractor but fails to do so,Owner remains liable for performance of all of the obligations under the contract. To cancel this contract pursuant to this provision,the Owner must send by certified mail or hand- deliver a signed and dated copy of a cancellation notice not later than midnight of the third business day following the date of this contract. Termination under Other Circumstances Either party may terminate this Contract if the other party materially breaches any of its obligations hereunder and fails to cure said breach within fifteen(15)days of the date of the breach. The Owner understands and recognizes that the Contractor may have declined or failed to pursue other jobs as a result of this Contract. The Owner understands that if the Owner terminates or abandons this Contract for any reason other than the statutory right to cancel or Contractor's material breach of the contract,Contractor will be entitled to the profit that it lost on the project plus the costs of collection as permitted herein,if applicable. R. Warranty The Contractor agrees to warranty all work and materials for(36)months from the completion of substantial work. Repair of the following items is specifically excluded from the warranty: • Damages resulting from owner neglect • Damages due to normal wear and tear • Minor cracks in concrete(%"or less) • Minor fractures in plaster board due to curing of lumber(%"or less) • Minor warping or deflection of wood(%"or less) • Minor shrinking or cracking of grout(1/8"or less) • Minor shrinking or gapping of hardwood flooring(1/8"or less) • Minor shrinking or gapping of interior trim boards(1/8"or less) • Fading of paint and finish exposed to sunlight Within 48 hours of discovering any alleged defect,the Owner agrees to notify the Contractor in writing by certified mail of any alleged defects,whether within the scope of any warranty or whether outside the scope of any warranty. if said defects are within the scope of any warranty,the Owner shall provide Contractor a reasonable opportunity to remedy any defect and mitigate damages accordingly. The Contractor will service the warranty item or subcontract it at its discretion. The Contractor Initials Page 12 of 14 Owner Initials • CONSTRUCTION CONTRACT Contract prepared 3/18/2011 Contractor will not accept bills submitted by the Owner for warranty work performed by a third party without the Contractor's prior written approval. If a manufacturer has provided a warranty with regard to a product used to complete the work,the Owner agrees to exhaust his remedies first with the manufacturer for any problems with that product. Only if the manufacturer has provided written denial of coverage under the warranty may the Owner seek redress against Contractor. However,by virtue of this paragraph,Contractor does not agree to assume liability. Any issues reported subsequent to the Owner's submission of the written Punch List(referenced in Section M above)will be addressed as warranty items. S. Statutory Disclosures The following disclosures are required by the Massachusetts Home Improvement Contractor Registration Program: All home improvement contractors and subcontractors shall be registered. Any inquiries about a contractor or subcontractor relating to a registration should be directed to the administrator of the Board of Building Regulations and Standards,One Ashburton Place,Room 1301,Boston,MA 02108, (617)727-3200. To the Contractor's knowledge,as of the date of the execution of this Contract,there are no liens or security interests on the residence as a consequence of this Contract,however,Contractor may file a mechanics lien on the property if it deems necessary. In the event that it becomes necessary for the Contractor to file a mechanics lien on the property as security for payment from the Owner or an attachment of real estate,Owner agrees to be responsible for the costs and legal fees associated with perfecting that mechanics lien and/or attaching said real estate. Owners who secure their own construction related permits or who deal with unregistered contractors shall be excluded from access to the Guarantee Fund. No contract shall contain an acceleration clause under which any part or all of the balance not yet due may be declared due and payable because the holder deems himself to be insecure. However, where the contractor deems himself to be insecure,he may require as a prerequisite to continue said work,that the balance of funds due under the contract,which are in the possession of the owner, shall be placed in a joint escrow account requiring the signatures of the home improvement contractor and owner for withdrawal. T. Dispute Resolution The contractor and the owner hereby mutually agree in advance that in the event that the contractor has a dispute concerning this contract,the contractor may submit such dispute to a private arbitration service which has been approved by the Office of Consumer Affairs and Business Regulation and the consumer shall be required to submit to such arbitration as provided in MGL c Contractor Initials Page 13 of 14 Owner Initis i CONSTRUCTION CONTRACT Contract prepared 3/18/2011 142A. Any controversy or claim arising out of or related to this Contract involving an amount which is equal to or less than the dollar limit of the Small Claims Court shall be heard in the Small Claims Division of the District Court in Lawrence,Massachusetts. Any controversy or claim arising out of or related to this Contract which is over the dollar limit of the Small Claims Court must be settled by binding arbitration administered by a private arbitration service which has been approved by the Office of Consumer Affairs and Business Regulation and said arbitration shall proceed in accordance with the Construction Industry Arbitration Rules,unless the parties agree to some other arbitration or arbitrator. Judgment upon the award may be entered in any Court having jurisdiction thereof. The parties agree that arbitration shall be the sole and exclusive remedy for any controversy or claim arising out of or related to this Contract that exceeds the small claims monetary limit,except that the Contractor may file the necessary documents with the Registry of Deeds and/or applicable Court to secure and/or perfect a mechanics lien pending resolution of the arbitration. Contractor's InitialsOwner's Initials U. Miscellaneous It is agreed by the parties that no modifications may be made to this contract unless the modification is in writing and signed by both parties. This Contract shall be governed by the laws of the Commonwealth of Massachusetts. In the event that any provision of this Contract shall be deemed invalid,unreasonable or unenforceable by any court of competent jurisdiction,such provision shall be stricken from the Contract or modified so as to render it reasonable,and the remaining provisions of this Contract or the modified provision as provided above shall continue in full force and effect and be binding upon the parties so long as such remaining or modified provisions reflect the intent of the parties as of the date of this Contract. V. Approval By signing below,the parties agree to be legally bound by this agreement in its entirety. DO NOT SIGN THIS CONTRACT IF THERE ARE ANY BLANK SPACES. X rner Signature(s) ate Contractor Signature Date Contractor Initials Page 14 of 14 bwner Initials Alassachusetts- nepartmcnt of PubliC Safety Borud of Buildinlg Re-,dations and Standards Lam- Construction Supervisor License License: CS 74478 JOSEPH M CLEMENTI 153 MAPLE ST METHUEN, MA 01844 c Expiration: 1/24/2013 ('oiurois.iuncr Tr#: 8281 lee 165a iieo�uaec i aaacleueelta__.. Office of Consumer Affairs&Bu2iness Regulation _ ( TOME IMPROVEMENT CONTRACTOR Registration;.145042 Type: j Expiration'`1/2f20,12 Supplement Ce. STEEPLE CHASE BUILDERS;INd: JOSEPH CLEM' TI 153 MAPLE ST METHUEN,MA 01844 - Undersecretary \ \ \ _ leland DlmenWone: Lower 87"w x 45"d Upper 5ectlon 87"w x 49"+/-Exact dlmensione to be determined at time of template. Utenail Tr !Vder Spice Drawer /� re,e-4 Two Pull Outs(small appliance.,ect) DeP3aos.a5.nso ILI I I TEP1.590-25D a f 101"(Confirm) ku �-u------ ---- 3 yy 22" 57"j— 22„ tf I -24- d F1 -----8765"-24D L816,5"-240,----- Fl 46"Clear i TEP7.590-25D "�_BFHD21-21D BFHD27-21D_ o- .~. I �� 61"Clear+/- F1 - Frosted Glass -1 Ft. N BEPL5 o' 052154-150 W18W-121) W3836-12D W052154-15DI II m u� N d d IL Drawer Paneled Back 57"wx 18"h�_Drawer J @ N � I .1P � Deco Panel End n �c 0 3 F o' 38"Clear Tray Dividers(cookie sheets,plaa stones,-1. — —-—-I =� R g3 817-240 80031-240 WOC3190-25D WBC3336-129 W4236-120 W357.5-12D F 33.75" 42 nll te.vn" 'I I Pocket Deur \ — —� " � / 75.750" 35"+/- 31" 2" 143,75"Overall Wall Length Steeplechase Builders, Inc. BEAULIEU CABINETRY,INC. Date: Drawn By: Plan Number: 153 Maple Street 3 Westville Road Lemmon Residence Jan 24,2011 David Beaulieu LN012411 >' Methuen,MA 01844 ��V��il CA71�A�� Plaistow,N14 03865 Kitchen Renovation �r1 Phone 978.688.5036 1 ?� 603-382-4038 Page- Fax �2 978.688.4098 : • www.beaulieucabiuetry.corn Revision# 12-410/7 Futal ' W .: 7 85 Carlton Lane/North Andover, MA 9 -.r�iitrsnrv�N s1 LI• baba]: The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston,MM 02111 www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name (Business/OrganizationAndividual): Steeplechase Builders, Inc. Address: 153 Maple Street City/State/Zip: Methuen, MA 01844 Phone#: (978) 688-5036 Are you an employer?Check the appropriate box: Type of project(required): 1.❑ i am a employer with 4. ® I am a general contractor and 1 6. ❑New construction employees(full and/or part-time).* have hired the sub-contractors 2.❑ I am a sole proprietor or partner- listed on the attached sheet.$ 7. 19"kemodeling ship and have no employees These sub-contractors have 8. ❑Demolition working for me in any capacity. workers' comp. insurance. g. E Building addition [No workers'comp.insurance 5. X We are a corporation and its required.] officers have exercised their 10.[]Electrical repairs or additions 3111 am a homeowner doing all work right of exemption per MGL 11.❑Plumbing repairs or additions myself. [No workers' comp. c. 152, §1(4),and we have no 12.❑Roof repairs insurance required.]t employees. [No workers' comp.insurance required.] 13.0 Other "Any applicant that checks box#1 must also rill 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 attached an additional sheet showing the name of the sub-contractors and their workers'comp.policy information. I am an employer that is providing workers'compensation insurance for my employees Below is the policy and job site information. Insurance Company Name: Policy#or Self-ins.Lic.#: Expiration Date: Job Site Address: City/State/Zip: 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 e. 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 the pains and penalties of perjury that the information provided above is true and correct. Si nature: 0 Date: 9 I Phone#: Official use only. Do not write in this area,to be completed by city or town official. I City or Town: Permit/License# Issuing Authority(circle one): 1.Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector j 6.Other Contact Person: Phone#: i Subcontractor Insurance List Mike O'shea OES Electrical WC8634496 Mike Burke Powerhouse Plumbing&Heating 04WECIT2480 Niko Zafirakis Candia Tile WC131S373447-0109 Eric Lee Lee Carpentry WC1-31S-373195-019 Nassar Jabour Nassar Jabour Excavation 6KUB-9520L186 Clairmont Labonte Progress Drywall Incl. 04WEIW2682 Fred Johnson Wood Flooring Design WOWC802902 Dave Beaulieu Beaulieu Cabinetry P0003900344502 ,aco CERTIFICATE OF LIABILITY INSURANCE 3/DAT>:`MM'D 18/201111 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terns 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). PRODUCER CONTACT Commercial Lines NAME: Prescott and Son Insurance Agency,Inc. PHONE , (781)322-2350 FAX No: 963 Eastern Avenue ADDRIESS, PRODUCERCUSTOMeRiDtp0038097 Malden MA 02148 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A:Western World Insurance Co INSURER B: Steeplechase Builders, Inc INSURER C� 153 Maple St INSURER D: INSURER E: Methuen MA 01844 INSURER F: COVERAGES CERTIFICATE NUMBERCL1131810097 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADD POLICY EFF POLICY EXP LIMITS LTR SR WVD PODCY NUMBER MM/DD/YYYY MM/DD/YYYY GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence) $ 50,000 A CLAIMS-MADE I—XI OCCUR NPP1204073 4/21/2010 /21/2011 MED EXP(Any one person) $ 5,000 PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $ 2,000,000 X POLICY E LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ HIRED AUTOS (Per accident) NON-OWNED AUTOS $ $ UMBRELLA LIAR HOCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNERIEXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ Rigs describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,H more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Town of North Andover ACCORDANCE WITH THE POLICY PROVISIONS. Town Hall North Andover, MA AUTHORIZED REPRESENTATIVE J S Scholnick/SJG ;-;7 "ems [Vlassachusetts IIome IM-Moyem.ent' Sample Coy Mass �ra.ct This Form satisfies all basic requirements of the state's Tome imp ,vemmit'Contractor Law(MGL chapter]q� language to protect homeowners. Seek legal advice if necessary. Anson P .-A),but tsIdoes not'include standard Massachusetts consumer guide to home improvement"before agr eing to any work on ypurre ide�npG you m.gysob obtain br calling the Offic afConsumer Allaire and Business Regulation's Co°sumerIrtfarmation Hot[ino at 617-973-876'7°r]=888-283-375a free 7, copy cf"a Rotneo'wner Infor ation - �eZ� Y", 1 S (q,y,K� . Contractor InforlCttitlOp ame A. 1 6-. L✓,>NQ °mp�y ame 5treeE Address(don°t use a post Office Hox address - �n 1'^'`- ��e�c r- �ivr_ Contractor!S esPe1'swn/Owner Nome No264' ,,,. . • City/Town. State � Zip Codeultiness Ad ss(must include a street address) ,Daytime phone 13venfng Phone S Mo, � C` (14 Lf'�+un r- 01�� • 'iY1 L0Wn State ZipC. Mailing Address(lt different frm abII '6 S� 6 aG — / /d�. Business Phone11 edetalEmployerlD arS.S.Number lawtequBtcat6almanhmnEim- HomeptovemaLCe¢aactatae�.N,ua6er • Pmvcmat eontmetan h•va a 'I axph cm date The Contractor agrees to do tire*folio Wing worts for the Homeo Here nEcanau naroha • cn e m e w r comp e e specs e e ran s o e a Oil ' K1�he tv l�e+�va�1 rjn ece s Regrilred.'lsermlts-The followigbuilaingpermits are required JrMPOaed Start and Completlon Schedule-The following schedule will and`}'til be secured by the contractor as the homeowner's agent, be adJnered to unless circumstances beyo8d the contractor's control arise (Ol�+ners who secure their own permits will be exclpded from the Guarant3i Fund provisions'of O1 MGL chapter 142Abate when contractor will begin contractedwork .)' ' to �,/ Date when contracted work will be substantially completed. Total Contract t gr ce'and dorm t Schedule 1eq�••, e fan+iae.+ lrrf �� viL The Contractor agrees to perforin the worl: furnish the matenal and labor specified above for the tataI sum of: PaMents will bemade according to the following schedule: (*) upon signing'contract(not to exceed 1/d of tbe'total contract rice ,oar � ' • p the cost of•special order items,whichever is greater) by !�/ or upon compladon-of S by -or upon completion of --� -- upon completion of the contiacL (Law forbids demanding full pamentuntil contract is eompletad to both Tho fnllowiag mparty's satisfaction)ateriallequipment must be special $ ' ordered before the contracted work begins in order S to be paid for to meet the completion schedule,(**) to be paid for NOTES:(*)Including ail finance charges(**)Law requires that an depositor ar do not exceed the of the to4a contract any 1 can-payment required by the contractor before work bogjns may Which must be special oftlereMn l dvaace o meet the compl�ehon schedule¢otual cost of any specie]equipment or custom made ma ttnial PxPressW¢ aoh Isattexpresswa,r!KIi rbeine„+ videdtrothecontractar? No Yes 3ubc6ntractore The"contracor agrees to be solely responsible for comlvJetion of the work described regardless us the actions of any Hurd all farms of Eha warr¢n must he attar ed a the contrnet paily(subcontrnctor utilized by the contractor. The contractor further egree$to be solely'responsible for all a materials and agreement Contract Acce tance. p Yments to all subcontractors for P that an ig en o this r security a binding canuact under law. Uuless otherwise noted within this document,the contract shall not imply that any lien or other security interesthas been placed on the residence. Review the following cautions and notices carefully before signing this contract • Don't be pressured into signing the contract,Take timo to read and fully understand it Ask questions if something is unclear. • ' Make sure}n;•I I In rnr how I.. lid Hem r _ subconhactors to be register11 1ed with the Director ofHome Improvement Contractor Registration 'You may inquire about contractor eni°treti°n• The law requires most home improvement contractors and registration by;wridngto the Directorat One Ashburton Place,Room 1301,Boston, eg 02108 orb calling inquire 1:800-223-0933. • Does the contractor have insurance? Y g 727-3200 or Check to see that your coutractor•is properly insured. Know your rights and respansibilides. $earl t}te Important Infotigation on the reyerse side of this form and get a coeY of the Consumer Guide to the Home•Improvement Contractor I..aw. You may cancel this agreement if it has been signied at a place o tier•than ilre conhactnr's.normal lace of b contractor in writing at his/her main office or branch oidice by orddinary mnit'Posted,by tele third business day following.the signing of this agreemenk Seethe attached notice of cancrgMM n form forannexplanaot lel f t ha right. hthe gram sent orby delivery,not later.than midnight of the DO NOT SIGN THIS CONTRACT IF T]ETEItE Two identical copies of the•conhactmus[hccomptetedandsi a ARE`4d x B'+-�li.NK' SPACES!!! �''1 t]ne copy should ge to fhb bcft cWner.The other co py Should be Rept by the:connaetot. Ham caner' ignature m Contractor's spa. e Date Contractor Arbitt•ation - The Home Improvement Contractor Law provides homeowners witir the right to initiate an arbitration action(as an. alternative to-court actiou)'if they have a dispute'with at contractor. The same right is not automatically afforde�to a' contractor,however. The contractorwould have to resolve any dispute he/she has with a homeowner in court uriless both parties agree to the optional clause provided below. This clause would give the contractor the same right to arbitration as'is afforded to the homeowner by the Home Improvement Contractor Law. The contractor and the homeowner hereby mutually agree iii.advance that in'the event the contractor has a dispute concerning this-contract,the contractor may submit the dispute to'a private arbitration flim which has been apprpved.by the Secretary"of the-Executive Off ee.of Consumer Affairs and Business Regulation and the consumer shall.be required to submit to such arbitration•as p vided In Massachusetts General Laws,chapter 142A. Home is Signature- `— Contractor's Signature NO C :The signatures of the parties above apply only to the agreement of the parties.to alternative dispute resolution ini'a by the contractor. The homeown6r may initiate alternative dispute resolution even where this section is not :is Lely signed by the parties. Romeowner!s Rights •A.homeowner's rights under the Home Improvement C.otriractor Law(MGL chapter 142A)and other consumer protection laws'(i.e.MGL chapter 93A).may not be waived in any way,.edeir by agreement: However,homeowners may be excluded from certain rights if the contractor they choose is no.t properly registered as prescribed by law'. Homeowners who secure their own building permits are automatically excluded from all Guaranty.Pund provisions of the Home Improvement Contractor Law. The contractor is responsible for completing the work as described,in a timely and workmanlike manner. Homeowners may be entitled'to other specific Ipgal rights if the contractor guarantees or provides an express warraniy for worlananship or materials. In addition to guarantees or warranties provided,by the contractor,all goods sold in Massachusetts carry an it apIied warranty of merchantability and fitness for a particular purpose; An enumeration of other matters on which the homeowner and contractor lawfully agree may be added to the terms of the contract as long its they do not restrict a homeowner's basic consumer rights. If you have questions about your consuam6r/homeowner rights,contact the Consumer Piofor.xnation Hotline(listed below). Exeeution of Contract .. The oontract must be executed'in du licate and should not be signed until•a copy of all exhibits and referenced documents have been.attach6d Parties are-also advised not to sign the document until all'blank sections have been filled.in or marked as°oid,deleted,or not applicable. One original signed copy of the contract with attachments is to- be given to the owner°and the other kept by the contractor. Any modification to the original contract must be in Writing and agreed to by both parties.Contracted work may not begin until both parties have received a fully executed copy o£ the contract,.and the three day recission period has expired. Accelernted Payments A contractor may not demand'payments in advance of the dates specified on the payment schedule in casds where the homeowner deems him/herself to be fi iancially insecure. TIowever;iu instances where a contractor deems liirn/1;erself to be financially insecure,the contractor may require that the balance of funds not yet due be placed hi a joint escrow account as a prerequisite to continuing the contracted work.. Withdrawal of funds from said account would require the signatures ofbothparties, Additional Information If you have general questions or need additional informadon about the Home Improvement Contractor Law or other consumer rights,or'tf you wish to obtain a free copy.of A Consumer Guide to the Home Impravenaent Contractor Law,"t ontact: Consumer Information Hotline Office of Consumer Affairs and Business*? egulatior< .10 Park Plaza,Room 5170,Boston MA 02116 (617)973-8787'or 1-(888)2833757 Yx If YOU want to verify the registration of a contractor or if you have questions or need additional information Spec ' about the contractor registration component of the Rome'ImprovementCorstractor Law,contact: *ally Direct&of Romelmprovement Contractor Registration ' Bureau of Building Regulations and Staridards One Ashburton Place,koom.1301,Boston,MA 02108 (617)727-3200 or 1-800-223-0933. For assistance with informal mediation of disputes or to register formal complaints against a business,call: Consumer Complaint Section Office of the Attorney General °r (617)727-8400 AND/OR •BeEterBusiness Bureau (508)652-4800 .(508)755-2548 (413)734-3114