HomeMy WebLinkAboutBuilding Permit #581 - 90 LACY STREET 5/4/2009 BUILDING PERMIT ViORTIi
0Ftt,
TOWN OF NORTH ANDOVER or
APPLICATION FOR PLAN EXAMINATION '' I 7°
Permit NO:. Date Received 74�044roo
�SSACNt1SE�
Date Issued: J J
IMPORTANT:Applicant must complete all items on this page
LOCATION L-�,, L J -
Print
PROPERTY OWNER( V--.a. tea - ✓may"
Print
MAP NW- OS-d- PARCEL:- ZONING DISTRICT: Historic District ye o
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 Floodplain Wetlands Watershed District
Water/Sewer
5 L DESCRIPTIO OF WOR O BE PREFORMED: .
L'i ly tlll0 P - �We
5wq
Identification
entification Please Type or Print Clearly)
OWNER: Name: e- o et' Phone:( C C Q
Address: I -ccc-,-( r -
CONTRACTOR Name: Phone: 2zz V5�c
0�4r —
Address: 3 '/°rV, r ( ( .11�
--1 -I� ..
Supervisor's Construction License: �J rExP. Date: f
Home ImprovementLicense: Exp. Dater f
ARCHITECT/ENGINEER Phone:
Address: Reg. No.
FEE SCHEDULE:BULDING PERMIT.$12.00 PER$1000.00 OF THE TOTAL ESTIMATED COST BASED ON 125.0 ER
Total Project Cost: $ Od `161K $ Zoz x Z : m
Check No.: /// *- Receipt No.:
NOTE: Persons contracting with unregiste ed contractors do not have access to the g aranty fund
Signature of Agent/Owner Signature of contractor_ ,
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
COMMENTS
HEALTH Reviewed on Signature
COMSAIENTS
Zoning Board of Appeals: Variance, Petition No: Zoning Decision/receipt submitted yes
Planning Board Decision: Comments
Conservation Decision: Comments
Water & Sewer Connection/Signature & Date Driveway Permit
DPW Town Engineer: Signature:
Located 384 Osgood Street
FIRE DEPARTMENT -Temp Dumpster on site yes no
Located at 124 Main Street
Fire Department signature/date
COMMENTS
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
Ll Notified for pickup - Date
Doc.Building Permit Revised 2008
Building Department
The following is a list of the required forms to be filled out for the appropriate permit to be obtained.
Roofing, Siding, Interior Rehabilitation Permits
❑ Building Permit Application
❑ Workers Comp Affidavit
❑ Photo Copy Of H.I.C. And/Or C.S.L. Licenses
❑ Copy of Contract
❑ Floor Plan Or Proposed Interior Work
❑ Engineering Affidavits for Engineered products
NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit
Addition Or Decks
❑ Building Permit Application
❑ Certified Surveyed Plot Plan
❑ Workers Comp Affidavit
❑ Photo Copy of H.I.C. And C.S.L. Licenses
❑ Copy Of Contract
❑ Floor/Crossection/Elevation Plan Of Proposed Work With Sprinkler Plan And
Hydraulic Calculations (If Applicable)
❑ Mass check Energy Compliance Report (If Applicable)
❑ Engineering Affidavits for Engineered products
NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit
New Construction (Single and Two Family)
❑ Building Permit Application
❑ Certified Proposed Plot Plan
❑ Photo of H.I.C. And C.S.L. Licenses
❑ Workers Comp Affidavit
❑ Two Sets of Building Plans (One To Be Returned) to Include Sprinkler Plan And
Hydraulic Calculations (If Applicable)
❑ Copy of Contract
❑ Mass check Energy Compliance Report
❑ Engineering Affidavits for Engineered products
NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit
In all cases if a variance or special permit was required the Town Clerks office must stamp the decision from the Board of Appeals
that the appeal period is over. The applicant must then get this recorded at the Registry of Deeds. One copy and proof of recording
must be submitted with the building application
Doc:INSPECTIONAL SERVICES DEPARTMENT:BPFORM07
Revised 2.2008
Location 9 4�e G� 1-)
No. Date ' O S
NOR,h TOWN OF NORTH ANDOVER
' Certificate of Occupancy $ 4a "
*'�s'•»•''.'�'
Building/Frame/Frame Permit Fee $ x�l`
s+c,wss 9
Foundation Permit Fee $
Other Permit Fee $ '
TOTAL $
Check #
21 9L
Building Inspector
XAORTIy
own of
VO
No. %,rs I
_ O
__ = dower, Mass.,
O _ LAKE
I� COCMICHEWICK V
7,95 RATED PPS`
E BOARD OF HEALTH
PERMIT T D - Food/Kitchen
Septic System
• BUILDING INSPECTOR
THISCERTIFIES THAT......DIl.. ! ......................��' ....................................................................... Foundation
has permission to erect......................................... buildings o .....7.a................. 94.�. ........... ................. Rough
to be occupied as... .'.... /I. .. O I.I�i............. I.�i�.I . Act.. ........... ............................... Chimney
provided that the person accepting this permit shall in every respect 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
Final
201 X Z PERMIT EXPIRES IN 6 MONTHS
ELECTRICAL INSPECTOR
YMN aY UNLESS CONSTR S ARTS Rough
.......................
................... ....:::... Service
BUILDING INSPECTOR
Final
Occupancy Permit Required to Occupy Building GAS INSPECTOR
Rough
Display in a Conspicuous Place on the Premises — Do Not Remove Final
No Lathing or Dry wall To Be Done FIRE DEPARTMENT
Until Inspected and Approved by the Building Inspector. Burner
Street No.
SEE REVERSE SIDEJ1 Smoke Det.
Residential Property Record Card
PARCEL_ID:210/024.0-0001-0000.0 MAP:024.0 BLOCK:0001 LOT:0000.0 PARCEL ADDRESS:18 COTUIT STREET FY:2009
PARCEL INFORMATION Use-Code: 101 Sale Price: 75,000 Book: 03296 Road Type: T Inspect Date: 63/23/2608
Tax Class: T Sale Date: 08/04/91 Page: 0225 Rd Condition: P Meas Date: 03/23/2008
Owner: Tot Fin Area: 1920 Sale Type: P Cert/Doc: Traffic: M Entrance: C
LYNCH,JOSEPH W,JR Tot Land Area: 0.33 Sale Valid: H Water: Collect Id: RRC
MARGARET A LYNCH - -
Address: Grantor: EDNA Bw
OGLE'ESTATE' Seer: ��'Inspect Reas: C `
18 COTUIT STREET Exempt-B/L% / Resid-B/L% 100/100 Comm-B/LP/o Indust-B/L% / Open Sp-B/L% /
NORTH ANDOVER MA 01845
RESIDENCE INFORMATION LAND INFORMATION
Style: CL Tot Rooms: 7 Main Fn Area: 1344 Attic: NBHD CODE: 5 NBHD CLASS: 5 ZONE: R4
Story Height: 2.00 Bedrooms: 3 Up Fn Area: 576 Bsmt Area: 1200 Seg Type Code Method Sq-Ft Acres Influ-Y/N -Value Class
Roof: G Full Baths: 2 Add Fn Area: Fn Bsmt Area:'
- 1 P 101 S 14242 0.330 180,258
Ext Wall: WS Half Baths: Unfin Area: Bsmt Grade: DETACHED STRUCTURE INFORMATION
Masonry Trim: Ext Bath Fix: 0 Tot Fin Area: 1920 Str Unit Msr-1 Msr-2 "E-YR-Bit'Grade Cond"IoGood PIF/E/R Cost Class
Foundation: CN Bath Qual: T RCNLD: 148107
Kitch QuaL T Eff Yr Built: 1962 Mkt Adj G1 S 280 0.00 1988 A A 50///50 5,500
Heat Type: FA Ext Kitch: Year Built: 1935 Sound Value: S1 S 120 0.00 2003 A A ///98 800
Fuel Type: O ` Grade: A Cost Bldg: 148,100 VALUATION INFORMATION
Fireplace:
lace: 0 ap
CentAC: N a Bsmt 5F " Pct Complete: Att Str Val1: Current Total: 334,700 Bldg: 154,400 Land: 180,300 MktLnd: 180,300
Att Gar SF: %Gootd P/F/E/R:A /100/100/73 1Prior Total: 339,500 Bldg: 159,200 Land: 180,300 MktLnd: 180,300
i
Porch Type Porch Area Porch Grade Factor
W 275
SKETCH PHOTO
275 Sq1)29%1
A.y
FM \ "t
$ 144 Sq.Ft
FMIB FUIFMIB � s
624 Sq.Ft 576 Sq.Ft n48Sq
24 24
26 24
18 COTUIT STREET -R
Parcel ID:210/024.0-0001-0000.0 as of 5/4/09 Page 1 of 1
The Commonwealth of Massachusetts
nitkj i Department of Industrial Accidents
Office of Investigations
600 Jf ashin�on Street
b
Boston, MA 02111
c;1 www nxass.gov/dia .
Workers' Compensation Insetrance Affidavit. Builders/Contractors/Eleetricians/plumbers
Applicant Information Please Print Leeibl
Nanle (Business/Organization/individual): 9 G-(
Address: ��-
City/State/Zip: It `42JJv 4--- a Phone #: .
Are you an employer?Check the appropriate box: 7--]
Type of project(requires:
I.[� I am a employer with 4. ❑ I am a general contractor and I
employees(full and/or part-time).* have Dred the sub-contractors 6. ❑New construction
2r] i am a:sole proprietor or partner. listed on the attached sheet.$ 7• ❑Remodeling
\ship and have no employees These sub-contractors have 8. ❑Demolition
working for mem" any capacity, workers' comp.insurance.
[No workers'comp. insurance 5. 9• M Building addition
p ❑ We are a corporation and its
required.) officers have exercised their 10.0 Electrical repairs or additions
3.❑ 1 am a homeowner doing all work right of exemption per MGL I I.❑ Plumbing repairs or additions
myself.[No-workers'comp. c. 152, §I(4),and we have no 12. Roof
insurance required.]t ❑ repairs
requ ] .employees. [No workers'
comp. insurance required.] I3.❑.Other
'Any applicant that checks boo i must also fill out the section below showing their workers'compensation policy information.
t homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such.
Contractors that check this box must attached an additicwl beer showing the name of the sub-contractors and their workers'comp•pelic;information.
I am an employer that is promding:workers'compensation insurance for my.employees: Below is the o '
information. P N'andjob site
Insurance Company Name: `r(,-,Ye-
Policy#or Self-ins.Lie.#: /r Expiration Date:
L
Sob Site Address: t� aCity/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 c. 152 can lead to the imposition of criminal penalties of a
fine up to$1,500.00 and/or one-year imprisonment;as well as civil penalties in the form of a STOP WORK ORDER and a fine
of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of
Investigations of the DIA for insurance coverage verification.
do hereby c
ent under the pains a na&ks•of perjury that the urformadon provided above is
plue and correct
Si tore: Date: tl
Phone#:
Of,j`'cW ue only. Do not write in tits area,to be completed by city or town official
City or Town: Permit/License#
Essuing Authority(circle one):
1. Board of Health 2. Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector
6.Other
Contact PePhone#:
p� 7
�\ Board of Building Regulatio sand Standards
i HOME IMPROVEMENT CONTRACTOR
Registration: 155649
Explration: .4/30/2011 Tr# 282955
a T�rpe intlivrdual
z � f_
STEPHEN MC C�iL01JGH - I:
STEPHEN MCCULLQUGH; ��
t 1
90 ABBOTT ST
NO ANDOVER,MA 0184 �tl Administrator
i
�omvnw�euiecr�,,,,��.. �aaacic�ivae�fa
BOARD'OF BiJILDINQ'REC�ULATIONS
License: CONSTRUCTION"SUPERVISOR-
jg .
j r Number:��S 0'94338
t Birthdate -09/08/_x_962
i� Exp�irs 09/08i2Q0;9' Tr. no: 94338
s Rest�i� L�
STEPHEN q MCCUL=
90 ABBOTT STREET, e�
NORTH"ANDOVER,.`11' @1•$.45 f �//
Commissioner
Section III
Attached Booklet I
to the
Contract/Proposal
for
Diane McGarvey
5/4/2009 Contract Proposal- Page 12 of 12
S�ell■i 1
Construction Contract
of the
Contract/Proposal
for
Diane MeGarvey
CONSTRUCTION CONTRACT
This Contract is by and between:
Diane McGarvey referred to as "OWNER", and Red Tail as the "CONTRACTOR" for work at 90 Lacy Street Street N.
Andover, MA
1.CONTRACTOR'S DUTIES--GENERAL
a.To direct and control the work contracted for in accordance with the terms of this CONTRACT and all applicable codes,
laws, and regulations, and as the building permits issued for this project, if any, require.
b. To inspect the site, examine the plans and specifications, if any, and supervise all of CONTRACTOR's employees,and
to direct the work of all subcontractors selected by CONTRACTOR.
c.To maintain the work site in a safe and clean condition,to the extent consistent with the CONTRACT.
d.To advise the OWNER promptly if concealed conditions are ascertained which require additional or different work,and to
proceed in such event in accordance with this CONTRACT.
e.To provide locked storage for any equipment,tools, or other PROPERTY used in the performance of this CONTRACT,
unless otherwise agreed in writing.
2.OWNER'S DUTIES --GENERAL
a. To provide adequate utilities for the work agreed upon.
b. To advise the CONTRACTOR of any condition of the PROPERTY which affects CONTRACTOR's ability to perform.
c.To provide secure storage areas for materials delivered to the work site.
d. OWNER shall be entitled to make periodic inspections of the work site, provided such inspections do not interfere with
the work and can, in the judgment of the CONTRACTOR, be made safely. Any other entry onto the construction site shall
be at OWNER's risk.
e. OWNER shall notify his insurance agent of the execution of this agreement and obtain any necessary riders to his current
coverage or any locally customary forms of coverage, such as builder's risk, to cover OWNER's interests and liabilities during
the construction process.
f. To perform no work on the project without a written agreement with the CONTRACTOR.
g. To make no agreements with any trades person, subcontractor, or CONTRACTOR'S employees outside the scope of this
CONTRACT without the written consent of the CONTRACTOR.
3. MATERIAL SUBSTITUTION
CONTRACTOR reserves the right to substitute other materials, products and/or labor of equal or superior quality, utility, or
similar color.
5/4/2009 Contract Proposal- Page 7 of 7
4. DELAY
CONTRACTOR shall not be responsible for delays caused by events beyond the control of the CONTRACTOR, including
but not limited to: strikes, war, acts of God, riots, governmental regulations and restrictions. Delays caused by OWNER's
failure to make allowance materials selections or caused by the performance by CONTRACTOR of extras or necessary work
(as described in Paragraph 6)shall likewise be excusable delays.
& INSURANCE
CONTRACTOR agrees to maintain all necessary forms of insurance to protect the OWNER from liability for any
occurrence arising from the performance of this Contract. CONTRACTOR agrees that he shall cover his own employees for
worker's compensation and carry general liability insurance, and that all forms of insurance referenced herein shall
be with reputable companies licensed to do business in the state where the project is located.
6. HIDDEN. CONCEALED and UNFORESEEN CONDITIONS
a. The parties agree that in the event CONTRACTOR discovers a hidden, concealed or unforeseen condition requiring an
extra cost that they shall proceed as follows: The CONTRACTOR shall notify the OWNER verbally to expedite agreement as
to any charge necessary to correct or cure such condition, and provide a written Work Order (as described in paragraph
7a) as soon as practicable. The parties must agree to such extra charges, or agree to a resolution method,or this CONTRACT
may be cancelled by either of them.
b. For purposes of this section, a "hidden, concealed and unforeseeable condition" shall mean a condition not readily
observable to a prudent CONTRACTOR inspecting the subject PROPERTY for the purpose of performing this Contract.
Examples of such conditions can include, but are not limited to; rot under siding; ledge below grade; pre-existing plumbing or
electrical work not performed to code and pre-existing mold.
c. Any change in the WORK required by building officials assigned to this project, including structural and/or any
environmental hazards will be billed as an EXTRA charge to this CONTRACT and paid for by the OWNER as a Work
Order. CONTRACTOR may cease operations if OWNER refuses to pay
7. EXTRAS
a. Any extra work or materials desired by the OWNER shall be agreed upon in writing and such extras shall become a part
of this CONTRACT as if fully set forth herein. Unless otherwise agreed, extra work shall be paid for as performed. Failure of
the OWNER to sign a change order shall not preclude recovery for any work performed by CONTRACTOR, and acceptance
of said extra work or materials shall be presumed, unless there is written notice to the contrary.
b. CONTRACTOR shall advise OWNER, at the time of agreement on an extra, as to any additional time required to perform
this CONTRACT.
8. ESCALATION
CONTRACTOR reserves the right to pass on additional costs to OWNER resulting from the escalation of the cost of lumber
or lumber byproducts. This cost may be passed on only, if after the CONTRACT is signed but before the construction
commences, an increase in lumber costs is experienced. The CONTRACTOR must substantiate the change with evidence
of the difference between lumber costs at the time of the CONTRACT and lumber costs at the time of construction. Only
direct cost differences may be passed on, no allowances for overhead and profit shall Abe included.Any additional costs will be
collected per Work Order(as described in paragraph 7a.).
5/4/2009 Contract Proposal- Page 8 of 8
9. EXCESS MATERIALS ON SITE
CONTRACTOR routinely stores extra materials on site to improve efficiency and reduce the likelihood of running out of stock
in the middle of a task. Unless otherwise specified in writing all excess materials on site at the end of the project are the
PROPERTY of CONTRACTOR.
10.SUBCONTRACTORS
a. CONTRACTOR shall select subcontractors as required to complete this CONTRACT. OWNER acknowledges that
subcontractors will do various portions of the work. Any subcontractor selected by the CONTRACTOR shall have all
requisite licenses for the work to be done by such subcontractor.
b. It shall be the duty of the CONTRACTOR to use reasonable care in the selection of subcontractors.Absent objectionable
performance by any subcontractor, the selection of subcontractors shall be an exclusive right of the CONTRACTOR. The
CONTRACTOR shall require all subcontractors to have workman's compensation and liability insurance in force.
c. CONTRACTOR shall pay subcontractors in a timely manner and obtain from subcontractors any necessary
documentation required to release their liens, if any, as the work proceeds.
11.TERMINATION AND CANCELLATION
The CONTRACTOR may terminate and cancel this CONTRACT if any payment called for hereunder is not received as
scheduled, provided that notice is given to the OWNER as provided below. Upon such termination, the CONTRACTOR
shall have all remedies provided by law,including such lien rights as then apply.
The OWNER may terminate this CONTRACT upon the following conditions:
a. Failure of the CONTRACTOR, or his subcontractors, to pursue the work contracted for, absent excusable delay, as
provided in Paragraph 4 above, for a continuous period of fourteen (14) days, without a written agreement permitting
same,such agreement may be satisfied by a single notation to this CONTRACT.
b. Failure of the CONTRACTOR to rectify any condition for which building code enforcement authority has issued a citation
of violation notice, within fourteen (14) days notice of such violation, unless OWNER and CONTRACTOR otherwise
agree.
c.Any other failure to perform this CONTRACT required by the terms of this CONTRACT.
d. No termination shall be effective unless 10 days notice of OWNER's intent is given as required below, during which
time the default may be cured by the CONTRACTOR.
e. Deposit monies- Cancellation of this CONTRACT prior to the commencement of work shall result in the forfeiture of any
and all deposit monies collected. All deposits are non-refundable. The parties hereby agree that upon such cancellation,
the CONTRACTOR shall suffer damages including but not limited to the cost associated with designing and preparing the
project for commencement.
f. You may cancel this agreement by observing the requirements of The Notice of cancellation you have received.
g. If a dispute arises out of or is related to this Contract, or the breach thereof, the parties shall endeavor to settle the
dispute first through direct discussions. If the dispute cannot be settled though direct discussions, the parties agree the
dispute shall be settled by arbitration administered by the American Arbitration Association under its Construction Industry
Arbitration Rules. In the event that arbitration is necessary, the parties agree that arbitration proceedings shall be
5/4/2009 Contract Proposal-Page 9 of 9
conducted by a mutually agreed on arbitrator in Middlesex county, Massachusetts. If the parties cannot agree on an
arbitrator, either party may file a written demand for arbitration in accordance with the rules of the American Arbitration
Association. The arbitration award shall be final and judgment on the award may be entered in any court having
jurisdiction thereof. This CONTRACT shall be governed and interpreted in accordance with the laws of the State of
Massachusetts. Either party may, without waiving any remedy under this CONTRACT, seek from any court having
jurisdiction any interim or provisional relief that is necessary to protect the rights or PROPERTY of that party, including but
not limited to the right to seek liens or attachment. The prevailing party in any dispute arising out of or relating to this
CONTRACT or its breach that is resolved by a binding dispute resolution process shall be entitled to recover from other
party reasonable attorneys' fees, costs and expenses incurred by the prevailing party in connection with such dispute
resolution process. Consumers in Massachusetts shall be required to submit to such arbitration as provided in MGL c. 142A.
Diane McGarvey Steve McCullough—Owner Red Tail Construction
Notice: The signature of the parties above constitutes an acknowledgement of the agreement between the parties
to alternative dispute resolution. Massachusetts consumers may have the right to initiate alternative dispute resolution
even where this section is not signed by the parties.
h. Unless otherwise agreed in writing, CONTRACTOR shall continue the WORK and maintain the agreed work schedule
during any dispute resolution proceedings. If CONTRACTOR continues to perform, Owner shall continue to make
payments in accordance with this Contract.
12. ENVIRONMENTAL HAZARDS
a. The CONTRACTOR is NOT responsible for the inspection, discovery, abatement or removal of any environmental hazard
including, but not limited to: asbestos; mold; lead; radon; ground water or environmental pollution at the work site, unless
specifically covered in the specifications.
b. In the event that any hazardous material is discovered during the course of construction,the testing, abatement and/or
removal shall be shall be the sole responsibility of the OWNER.
c.Any additional costs incurred on account of suspension of the construction or changes to the specifications due to a hazard
or its removal are the responsibility of the OWNER and will be handled by a Work Order.
d. In the event that work does not resume within 30 days of the stoppage,OWNER agrees to immediately pay the CONTRACTOR
the pro rated amount of the CONTRACT price applicable to work done up to that point pursuant to the Contract.
WARRANTY
OWNER warrants that as of the date of this CONTRACT:(1)the PROPERTY(including the land,surface water,ground water,
and improvements to the land)is,and will continue to be,free of all contamination,including(a)"oil,petroleum products,and
their by-products"(b)any"hazardous waste"as defined by the Resource Conservation and Recovery Act of 1976,as amended
from time to time,and regulations promulgated thereunder,(c)any"hazardous substance"as defined by the Comprehensive
Environmental Response,Compensation,and Liability Act of 1980,as amended from time to time,and regulations promulgated
thereunder,specifically including asbestos and mold;and(d)any other"hazardous substance"(2)the PROPERTY is in
compliance with all environmental laws and regulations;and(3)there are no underground tanks on the PROPERTY
5/4/2009 Contract Proposal-Page 10 of 10
INDEMNITY
OWNER expressly acknowledges and agrees that it will reimburse,defend,indemnify and hold harmless CONTRACTOR,all Sub-
contractors,their successors,assigns and employees from and against any and all liabilities,claims,damages,penalties,expenditures,
losses or charges(including,but not limited to,all costs of investigation,monitoring,legal fees,remedial response,removal,restoration
or permit acquisition)which may,now or in the future, be undertaken, suffered, paid, awarded, assessed, or otherwise incurred
as the result of:
(a)any contamination,existing in,on,above or under the PROPERTY(including,but not limited to,contaminated
soil, mold, buildings,facilities and/or ground water);
(b)any investigation,monitoring,dean up,removal,restoration,remedial response or remedial work undertaken
on the PROPERTY; and
(c)OWNER'S breach of any warranty given herein.
13.WARRANTIES
a.The work of the CONTRACTOR, including materials and labor, shall under warranty for a period of one(1)year, during
which period CONTRACTOR shall at its own expense correct any defect arising from its work unless it is a non-warrantable
condition.
b. Any and all warranties for appliances or mechanical systems shall be delivered to OWNER as the CONTRACTOR
receives them.
c. Notwithstanding any manufacturer's warranty of any component, appliance, or system, no action may be brought against
the CONTRACTOR on this CONTRACT for the performance of this work, except as provided above.
14.SEVERABILITY
If any portion of this agreement is found invalid or unenforceable by any court,the remaining provisions shall remain in force
between the parties.
15. ENTIRE AGREEMENT
This CONTRACT consists of the documents defined herein, and constitutes the entire agreement of the parties. It can be
modified only by a written document. OWNER acknowledges that he has read and received a legible copy of this agreement
signed by CONTRACTOR, before any work was done, and that he has read and received a legible copy of every other
document that OWNER has signed during the negotiation of this Contract.
SUBMITTED:
DATE: Sltl U1
Steve IKCCUIlough
Red Tail Construction
AC PTSD:
ATE:
Diane McGarvey
5/4/2009 Contract Proposal-Page 11 of 11
SPECIAL SERVICES CUSTOMER INVOICE - Continued Last Name: MCGARVEY Page 2 of 5 NO. 2663-387759
TOTAL CHARGES OF ALL MERCHANDISE & SERVICES
11willawalcolcim $757.94
SALES TAX $37.90
TOTAL $795.84
BALANCE DUE $795.84
END OF ORDER No.2663-387759
i
Page 2 of 5 No. 2663-387759 Customer Copy
SPECIAL SERVICES CUSTOMER INVOICE Page 1 of 5 No. 2663-387759
Store 2663 DANVERS Phone: (978)774-0400 VALIDATION
92 NEWBURY ST Salesperson: TG0240
DANVERS, MA 01923 Reviewer:
This is onlya QUOTE for the merchandise and services printed below. This becomes an Cut 7ew U41,
Agreemenupon payment and an endorsement by a HomDepot register validation.
Name Home Phone
MCGARVEY DIANE (978)685-7695
Address 90 LACY ST Work Phone (978)790-0890
� A 15%restocking fee will be charged on
Company Name returned or canceled Special Order
°iry NORTH ANDOVER Job Description NRTS BATH Merchandise.Custom Orders are not
refundable.
state MA Zip 01845 coin`' ESSEX QUOTE is valid for this date:04/06/2009
CUSTOMER PICKUP #1 MERCHANDISE AND SERVICE SUMMARY swe the r
odrtoc stomershttolimitthequantities handise
REF# W02 SKU# 515-664 Customer Pickup/Will Call
S.O. MERCHANDISE TO BE PICKED UP: S/O YOUR OTHER REF# S01 ESTIMATED ARRIVAL DATE:
WAREHOUSE
REF# SKU QTY UM DESCRIPTION RICE EACH EXTENSION
S0101 285-286 2.00 EA K-3511-0/K-3511-0 WHITE MEMOIRS/STATELY TOIL/K-3511-0 MEMOI S $228.09 $456.18
STATELY TOILET COMFORT HEIGHT ROUND BOWL 12 INCH ROU
COLOR WHITE
S0102 374-473 1.00 EA K-2344-4-0/K-2344-4-0 WHITE/MEMOIRS PEDEST�12�1,
- HITE Y $301.76 $301.76"
MEMOIRS PEDESTAL WITH STATELY DESIGN 244 4 INCH
CENTER
SCHEDULED PICKUP DATE: Will be scheduled upon arrival of all S/O Merchand' • • $757.94
o END OF CUSTOMER PICKUP-REF#W02
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WILL-CALL MER CHA P FOR WILL CALL
Will-Call items m t store for 7 days only. MERCHANDISE PICK-UP
Check your current order status online at PROCEED TO WILL CALL OR
www.homedepot.com/orderstatus SERVICE DESK AREA
(Pro Customers, Proceed To The Pro Desk) (9801) 0100345633
Indicates item markdown
Page 1 of 5 NO. 2663-387759 Customer Copy
Page 3 of 5 No. 2663-387759
Home Improvement Agreement
PLEASE READ THIS
Important additional information regarding Customer's rights may be contained in an attached State Supplement
Scope: This "Agreement" consists of this page, the following General Terms and Conditions, the Invoice, the State
Supplement if applicable, and any drawings or Change Orders expressly made a part of this Agreement. The Agreement is
between the Customer identified on the Invoice and The Home Depot (including EXPO Design Center). Any installation
services provided under this Agreement shall be performed by a licensed and insured third party Authorized Service
Provider. The Home Depot does not perform architectural or engineering services, nor does it make structural changes to
dwellings or other structures. The Home Depot and its Authorized Service Provider will perform installation services in
accordance with applicable law.
Payment Schedule: Payment is required immediately as follows:
Payment: $ 7R,7 AA Due in full immediately.
Sales Tax: $ g7 An If applicable.
Total Amount of Sale: $ 7A.9; 84 Includes all applicable discounts, rebates,and
taxes. Excludes finance charges.*
*Any interest payments or other finance charges will be determined by Customer's separate cardholder or loan agreement,to which The
Home Depot is NOT a party,and will be in addition to Customer's payment under this Agreement. Customer is subject to the terms and
conditions of the cardholder or loan agreement,as applicable. No funds should be made payable to Authorized Service Provider;
however,Authorized Service Provider may collect Customer's payment(s)made payable to The Home Depot.
Anticipated Delivery/Installation Schedule
Delivery Date: TBD Start Date: Finish Date:
Acceptance and Authorization: Customer authorizes The Home Depot to order and arrange for the delivery of all goods
and services included on the Invoice. Customer further agrees and understands that this Agreement is the entire
agreement between Customer and The Home Depot with regard to said goods and services and supersedes all prior
discussions and agreements, either oral or written relating to said goods and services. This Agreement can not be
assigned or amended except by a writing signed by Customer and The Home.Depot. Customer acknowledges and agrees
that Customer has read, understands, voluntarily accepts the terms of and is entitled to and has received a complete copy
of this Agreement at the time Customer signs the Agreement. Do not sign if blank or incomplete.
Electronic Sianature: The parties to the Agreement agree that the digital signatures of the parties included in this
Agreement are intended to authenticate this writing and to have the same force and effect as the use of manual signatures.
Customer acknowledges that he or she is the person named on The Home Depot contract number identified on the point of
sale device.
CANCELLATION: CUSTOMER MAY CANCEL THIS AGREEMENT WITHOUT PENALTY OR
OBLIGATION BY DELIVERING WRITTEN NOTICE TO THE HOME DEPOT BY MIDNIGHT ON THE
THIRD BUSINESS DAY AFTER SIGNING THIS AGREEMENT. THE STATE SUPPLEMENT
ATTACHED HERETO CONTAINS A FORM TO USE IF ONE IS SP IFICALLY PRESCRIBED BY
LAW IN CUSTOMER'S STATE. Under such circumstances, Customer'sWte
returned within ten (10)
business days after The Home Depot's receipt of Customer's notice.
Accepted by:
X
Customer's Si ature
AuthorizedSery e P i ers Full Business/Trade Name,Address and Ussle'0790-ffo-rized
License No. s ap ''abllee: Service Providers Full Signature
Associate: Please print your salesperson's license number,if applicable.
License No(s).
Authorized Service Providers Tel.No.
Questions? If The Home Depot store and Authorized Service Provider are unable to answer Customer's questions,
Customer may contact The Home Depot Customer Care Department at 1-800-553-3199 or use the address below.
b
Home Depot U.S.A.Inc.,2455 Paces Ferry Road,N.W.,Bldg B.3,Atlanta,Georgia 30339
11/2007
Page 3 of 5 No. 2663-387759 Customer Copy
Page 4 of 5 No. 2663-387759
Home Improvement Agreement
General Terms and Conditions
Rewonsibilities:
The Home Depot:will provide the products identified on the Invoice and make arrangements to have the Authorized Service
Provider perform the installation services in a professional and workmanlike manner. Unless otherwise expressly provided for
herein, Authorized Service Provider will obtain required permits and provide permit numbers if required.
Customer:will identify any property lines, easements, covenants, underground or overhead utility lines, pre-existing physical
or environmental hazards, building code violations or other legal encumbrances that could affect the installation services prior
to the installation. Customer shall keep posted permits on display at all times. Customer is responsible for any delays or
interference caused to installation by Customer or third party under Customer's direction or control.
Changes and Change Orders: Any changes to the installation, including but not limited to changes necessitated by
undisclosed, unidentified or unforeseen conditions on the site, are subject to a written Change Order signed by Customer and
The Home Depot and any additional products or services included in such Change Order will be paid for in full before any
such change is made. The Home Depot or Authorized Service Provider has no obligation to attempt to remediate any such
conditions and may immediately discontinue the installation or ask for a Change Order. Please note, The Home Depot or
Authorized Service Provider will not remediate any mold, asbestos and lead-based paint. Neither The Home Depot nor the
Authorized Service Provider is responsible for delays caused by events beyond either party's control including but not limited
to acts of nature, governmental actions, delivery delays or damages caused by third parties, labor strikes, Customer's credit
or financing, or any incorrect information or non-compliance with this Agreement by Customer.
Liens: Security Interests: If Customer makes all payments as required under this Agreement, no security interest will be
placed against Customer's property by The Home Depot. After paying on any completed distinct phase of the installation,
Customer may request from Authorized Service Provider a signed lien release and waiver of any right to place any claim
against Customer's property applicable to the work then completed. Customer should also refer to the State Supplement for
specific State requirements, if any.
LIMITED WARRANTY: TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE HOME DEPOT WARRANTS
THE WORKMANSHIP OF THE INSTALLATION FOR ONE (1) YEAR FROM ITS COMPLETION DATE. PROVIDED
CUSTOMER NOTIFIES THE HOME DEPOT DURING THE WARRANTY PERIOD, THE HOME DEPOT WILL ARRANGE
FOR REPAIR AT NO CHARGE TO CUSTOMER FOR ANY DEFECTS DUE TO FAULTY WORKMANSHIP. THE HOME
DEPOTS WARRANTY DOES NOT COVER DAMAGE CAUSED BY ACTS OF GOD, INSTALLATION OR REPAIRS MADE
BY PERSONS OTHER THAN THE HOME DEPOT OR AUTHORIZED SERVICE PROVIDER, ABUSE, MISUSE, NEGLECT,
OR NORMAL WEAR AND TEAR. °MERCHANDISE AND MATERIALS ARE COVERED EXCLUSIVELY BY THE
MANUFACTURER'S WARRANTY, IF ANY. THIS LIMITED WARRANTY GIVES CUSTOMER SPECIFIC LEGAL RIGHTS
AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS THAT MAY VARY FROM STATE TO STATE.
WAIVER OF CERTAIN DAMAGES: EACH OF CUSTOMER AND THE HOME DEPOT HEREBY WAIVES ANY CLAIMS
AGAINST THE OTHER FOR LOST USE, LOST PROFIT, LOST REVENUE, INDIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES RELATING TO THE INSTALLATION, THE MATERIALS OR SERVICES OF THE HOME
DEPOT OR OF AUTHORIZED SERVICE PROVIDER OR THIS AGREEMENT. TO THE EXTENT CUSTOMER'S STATE
DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THIS
SECTION MAY NOT APPLY.
Termination: If Customer breaches this Agreement or declines a reasonable Change Order request, The Home Depot may
immediately terminate the Agreement without further obligation. In the event of such termination, Customer agrees to pay
The Home Depot the costs of materials, labor, expenses and services provided by The Home Depot or Authorized Service
Provider through the date of termination, plus any other amounts set forth in this Agreement or allowed under applicable law.
THE HOME DEPOT MAY WITHHOLD AMOUNTS OWED TO THE HOME DEPOT FROM THE DOWN PAYMENT OR
OTHER PAYMENTS MADE, WITHOUT LIMITING THE HOME DEPOT'S OTHER REMEDIES FOR RECOVERY OF SUCH
AMOUNTS.
License or Registration Number(s)held by or on behalf of Home Depot U.S.A.,Inc.and/or EXPO Design Center(an enterprise of Home Depot U.S.A.,Inc.)
Service provided by The Home Depot authorized independent Authorized Service Providers. License numbers held by or on behalf of Home Depot,U.S.A.,Inc.:AK#25084,
ANCHORAGE#1745;AL#11253(HB),#3010(HVAC),BALDWIN #23728 EAST BREWTON#42052(CL)HUNTSVILLE#17306(G/C}AZ#092581(B-03),CA#602331(B-HOME
DEPOT),#785444(B-EXPO);CT#533772;DC#50002899;DE#1997116469(331),BETHANY BEACH#06301(BL),REHOBOTH BEACH#15514(BL),DEW EY BEACH#57(B/L),
ELSMERE#1260(8/L);FL#CGC1506093,#CGC1506911(HOME DEPOT),#CGC035846(EXPO)#CGC1509909(EXPO),#EC0000109, #CAC042609,CAC1813767#CFC1425636,
CFC1426021,#6083,#0408240 G/C,#04-04861,#3001-0076396,#180-0005573, #160001242,#IB0001243,#IB0001250,#OB0008009,#0829610;HI#C-22120(C68LA)C-23378;IA
#91302-06;ID#RCE-19683;IL#058-169244 LEXINGTON/LAFAYETTE,KY#11517;LA#LMP-2977(MSTR) CCL#43960;MA#112785;MD#42144(5),OCEAN CITY#32682;MI
#2102-119069,DETROIT#LIC2001-07767;MN#BC-20147263;MS#R-00304;MT#37730;NE#26085;ND#29073(A);;NM#86302(GB98,MM01,MM02,MM03,MM04);NV
#0038686 C12-03993-K 106743;NY-NASSAU#H1771050000,NYC#900457,#900458,#900456,#1152032,#1003822,#920734,#910621,#910622,#1152040,#922474,
#1026224,#1003830,#1003828,#1152039,#968605,#1003833,#1003823,#1133444,#1003825,#1152038,#1152036,#1133445,#1152035,#1129617,#1129557,#1129556,
#1129562,#1154293,#1129555,#1129564,#1129559,#1129562,#1178447,#1186042,PUTNAM#PC-689-A,SUFFOLK#21,818-H,ROCKLAND#H-6464,EAST HAMPTON#4499,
LONG BEACH#4917,YONKERS#1987,NIAGARA FALLS#971,BUFFALO#524355,SOUTH HAMPTON#002056-0,TONAWANDA#10258,NORTH TONAWADA#368-04,
TONAWANDA TOWN CN2324,WESTCHESTER#WC-12540-H02;OH-CLEVELAND HEIGHTS#3897,SHAKER HEIGHTS#7223,LAKE COUNTY#20050131;OK#91910,
LAWTON#75419,NORMAN#06-08027,EDMOND#463;OR#95843;PA-PHILA#842,LANCASTER#2779,PLUMSTEAD#C04-2190,JOHNSTOWN#486;RI#9480;SC
#CB000019(COA),#008151,#019654,#017285,#20035,#M-104779(PB5);TN#00047781(BC-2/4/6),4149;TX-#M-36192,#M-16451,#TACLA001574C,DALLAS#20951,#20950,
#21389,#23818,#22088,#22090,#22091;UT#286936-5501(B-100 LRF);VA#2710019977(HIC,HVA)#2705-068841A;WA#HOMED"088RH(2719);WI#940283;WV#WV036104,
#63802;WY-CHEYENNE#04-09550,#04-13313.
Home Depot U.S.A.Inc.,2455 Paces Ferry Road,N.W.,Bldg B.3,Atlanta,Georgia 30339
11/2007
Page 4 of 5 No. 2663-387759 Customer Copy
Page 5 of 5 No. 2663-387759
Massachusetts Supplement
The terms and conditions of this Massachusetts Supplement apply to, and are expressly made a part of,
the attached Agreement between You and Home Depot U.S.A., Inc. (interchangeably referred to as "The
Home Depot", "Home Depot", or"Expo Design Center").
NOTICE TO BUYER
TAX IDENTIFICATION NUMBER FOR HOME DEPOT U.S.A., INC.: 58-1853319
NO WAIVER OF RIGHTS: Your rights under the Home Improvement Contract Laws(MGL chapter 142A)
and other consumer protection laws (i.e., MGL chapter 93A) may not be waived in any way, even by this
Agreement. However, You may be excluded from certain rights if the service provider You choose is not
properly registered as prescribed by law.
REQUIRED PERMITS: Home Depot U.S.A., Inc. and/or Installation Professional is/are obligated to
inform You of any and all permits necessary to complete the work contemplated by this Agreement, and it
is the obligation of Home Depot U.S.A., Inc. and/or Installation Professional to obtain said permits. If You
secure their building permits, You are automatically excluded from any Guaranty Fund provisions of the
Home Improvement Contractor Law.
WARRANTIES: Home Depot U.S.A., Inc. may guarantee or provide an express warranty for
workmanship or materials. Apart from any guaranties or warranties that may be provided by Home Depot
U.S.A., Inc., all goods sold in Massachusetts carry no implied warranty of merchantability and fitness for a
particular purpose. Any enumeration of these matters on which You and Home Depot U.S.A., Inc.
lawfully agree may be added to the terms of this Agreement as long as they do not restrict Your basic
consumer rights.
REGISTRATION: All contractors or subcontractors that will perform the work under this Agreement must
be registered. If You want to verify the registration of Home Depot U.S.A., Inc. and/or Installation
Professional or if You have additional questions or need additional information specifically about the
registration component of the Home Improvement Contract Law, contact the Director of Home
Improvement Contractor Registration at: Bureau of Building Regulations and Standards, One Ashburton
Place, Room 1301, Boston, MA 02108, (617)727-3200.
PAYMENTS: Any deposit made prior to the commencement of the work must not exceed the greater of:
(i) one-third of the total contract price or (ii)the purchase price of any materials or equipment of a special
order or custom-made nature that must be ordered in advance. Though You may choose to pay the total
contract price prior to completion of the work to be performed under this Agreement;Home Depot U.S.A.,
Inc. may not require that You do so.
ACCELERATED PAYMENTS: Home Depot U.S.A., Inc. may not demand payments in advance of the
dates specified on the payment schedule in cases where You deem Yourself to be financially insecure.
However, in instances where Home Depot U.S.A., Inc. deems itself to be financially insecure, Home
Depot U.S.A., Inc. may require the balance of funds not yet due be placed in a joint escrow account as a
prerequisite to continuing the contracted work. Withdrawal of funds from said account would require the
signatures of both parties.
ARBITRATION:The Home Improvement Contract Law provides You with the right to initiate an arbitration
action (as an alternative to court action) if You have a dispute with Home Depot U.S.A., Inc. and/or
Installation Professional.
ADDITIONAL INFORMATION: If You have general questions or need additional information about the
Home Improvement Contractor Law or other consumer rights, or if You wish to obtain a free copy of A
Consumer Guide to Home Improvement Contractor Law, contact the Office of Consumer Affairs and
Business Regulation, 10 Park Plaza, Suite 5170, Boston, MA 021166 (617) 973-8787. For assistance
with informal mediation of disputes or to register formal complaints against a business, call: Consumer
Complaint Division, Office of the Attorney General, (617) 727-8400.
4
Page 5 of 5 No. 2663-387759 Customer Copy
Job Specific'ations
The following paragraphs show the breakdown of the individual phases(rooms,areas,or activities such as site preparation)of the
project detailing each principle task. Each phase of the project is defined by a phase heading.The project the specifications
have been consolidated and are listed in the order of the work.
These specifications outline your entire project as priced in this proposal.If there is work that you want periomied and it is not listed
in this proposal it is not included and you have not paid for it in the contract price. Please review these specifications carefully.
7�� Client initials Client initials
Red Tail will create 2 new remodeled baths; includes removing all existing fixtures and replacing them with new bathroom
fixtures, in both the master bath and the common bath areas. Includes a dumpster on site and removal of all debris from
site. The entire project will be left broom swept clean and it will also be broom swept cleaned daily.
Red Tail Red Tail will be thorough and will coordinate delivery of all necessary materials to the site as if it were engaging in
its typical mode of bath remodeling in which it usually supplies all materials/fixtures for the remodel. In an effort to meet
budgetary objectives Red Tail will supply all the labor and will install the customer supplied fixtures for this project. Included
from Red Tail is the labor for electrical, plumbing, and tile installation. The labor and materials is included for all demo work,
for all the carpentry, and for all prime, paint and patching.
Master bath:
Install a new Neo angle shower, a new pedestal sink, a new toilet, a new recessed medicine cabinet, and create and install
a shelf/cabinet above the new toilet. Includes installing floor tiles over the existing tiles, new baseboard trim and patching,
priming, painting of all walls, ceiling and trim. Includes a new exhaust fan supplied and installed by Red Tail in this bath.
Common bath:
Install a new tub/shower combination, a new vanity and sink, a new toilet, a new recessed medicine cabinet. Includes
installing floor tiles, new baseboard trim and patching, priming, painting of all walls, ceiling and trim. Includes a new exhaust
fan supplied and installed by Red Tail in this bath.
The bath fixtures will be purchased and supplied by the homeowner. These fixtures include:the shower stall and door,
tub/shower combination, along with their faucetry, shower heads, drain kits, mixing valves, hand held fixture and diverter
valve; also included in this list: new toilets, new sinks and their faucetry, new vanity and their tops, medicine cabinet(s),
and/or mirror(s), bath accessories.
5/4/2009 Contract Proposal-Page 13 of 13