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37 SUMMIT AVE - BUILDING INSPECTION (3) The Commonwealth of Massachusetts v a Board of Building Regulations and Standards CITY OFSALEM '1 \ h J Massachusetts State Building Code,780 CMR, 7`h edition RevvisedJanuary IV Building Permit Application To Construct, Repair, Renovate Or Demolish a 1, 2008 One-or Two-Family Dwelling This Section For Official Use Only Building Permit N er: Date Applied: Signature: - (e-1 Bu m8 Commissionerl Inspector of Buildings Date SECTION 1:SITE INFORMATION 1.1 Property Address: AVe 1.2 Assessors Map&Parcel Numbers 1.1 a Is this an accepted street?yes no Map Number Parcel Number 1.3 Zoning Information: 1.4 Property Dimensions: Zoning District Proposed Use Lot Area(sq ft) Frontage(ft) 1.5 Building Setbacks(ft) Front Yard Side Yards Rear Yard Required Provided Required Provided Required Provided 1.6 Water Supply: (M.G.L c.40,§54) 1.7 Flood Zone Information: 1.8 Sewage Disposal System: Public CtT Private❑ Zone: Outside Flood Zone? p p y Check if yes❑ Municipal�'lSn site disposal system ❑ SECTION 2: PROPERTY OWNERSHIP' 2.1 Ownert of Record: �5 ., CICwuttikQAAlr SAI-*" 3--) Svc t ,, i {avid 5w7,�)o ^ Name(Printl Address for Service: Signature Telephone SECTION 3: DESCRIPTION OF PROPOSED WORK'(check all that apply) New Construction ❑ Existing Building❑ Owner-Occupied ❑ Repairs(s) ❑ Alteration(s) Addition ❑ Demolition ❑ . Accessory Bldg. ❑ Number of Units Other ❑ Specify: Brief Descritp�tiionn of Proposed Work 2:... IZ. Ce�L//mil(i:S A)^J SECTION 4: ESTIMATED CONSTRUCTION COSTS Item Estimated Costs: Official Use Only Labor and Materials) I_ Building $ 3 Q�o 1. Building Permit Fee: $ Indicate how fee is determined: 2. Electrical $ 6-000 ❑Standard City/Town Application Fee ❑Total Project Cost (Item 6)x multiplier x 3. Plumbing $ aOoo o. Other Fees: $ 4. Mechanical (HVAC) $ 1 000 List: 5. Mechanical (Fire Suppression) $ Total All Fees:$ �J Check No. Check A ount: Cash Amount: 6.Total Project Cost: $ —1 I PW ❑Paid in Full 0 Outstanding Balance Due: SECTION 5: CONSTRUCTION SERVICES 5.1 Licensed Construction Supervisor(CSL) p,C 5 1 v.3oqp o' [WV, fLy H V Gtt�zeu License Number 1 Expiration Date T�amolder eIW k� Q c(y U List CSL Type(see below) ess TXP9. Description U Unrestricted(up to 35,000 Cu. Ft.) Si � Restricted 1&2 FamilyDwelling M Mason Only A RC Residential Roofing Coveting Telephone WS Residential Window and Siding SF Residential Solid Fuel Burning Appliance Installation D Residential Demolition 5.2 Rem_ist red'H�o m �� t Contractor(HIC) HIC CCgtt)g,p Name or I11 e istraot'IName Registration N mber Addr I`(! c(vcp ✓► /A vi°�2I q �3- y Expiration Ex nation Date Signature Telephone SECTION 6: ORKERS'COMPENSATION INSURANCE AFFIDAVIT(M.G.L.c.152.§ 25C(6)) Workers Compensation Insurance affidavit must be completed and submitted with this application. Failure to provide this affidavit will result in the denial of the Issuance of the building permit. Signed Affidavit Attached? Yes ..........B-- No...........❑ SECTION 7a: OWNER AUTHORIZATION TO BE COMPLETED WHEN OWN R'S1AGE/N^T`O,,R CONTRACTOR APPLIES�F1OR BUILDING PERMIT l.(Jf1I I AN , NLCJV///V/9nI as Owner of the subject property hereby authorize Cr cirtyw 1-1 to act on my behalf,in all matters relative to work authorized by this building permit application. Signature of Owner Date /� SECTION 7b:OWNER' OR AUTHORIZED AGENT DECLARATION I, ( -ri�C1n (/��i ffnA22L� ,as Owner or Authorized Agent hereby declare that the tateme ts�nformation on the foregoing application are true and accurate,to the best of my knowledge and beh Print Nam `Pi I J Signature of Owner or Auth riz d Age te Da (Si ned under the ain nd penalties of a u NOTES: 1. An Owner who obtains a building permit to do his/her own work,or an owner who hires an unregistered contractor (not registered in the Home Improvement Contractor(HIC)Program),will not have access to the arbitration program or guaranty fund under M.G.L.c. 142A. Other important information on the HIC Program and Construction Supervisor Licensing(CSL)can be found in 780 CMR Regulations 110.R6 and 110.R5,respectively. 2. When substantial work is planned,provide the information below: Total floors area(Sq. Ft.) (including garage,finished basement/attics,decks or porch) Gross living area(Sq. Ft.) Habitable room count Number of fireplaces Number of bedrooms _ Number of bathrooms Number of half/baths Type of heating system Number of decks/porches Type of cooling system Enclosed Open 3. "Total Project Square Footage"may be substituted for"Total Project Cost" i CITY OF SM.F.M. INLkSSACHUSETTS BL'II.DL\IG DEP4RT\I&NT 120 W tSHIINGTON STREET, 3" FLOOR "6 TEL. (978) 745-9595 FA..c(978) 7440.9846 KI\tBERLEY DRISCOLL MAYOR THomAs ST.PtERRB DIRECTOR OF PUBLIC PROPERTY/sunmLNG CO\MUSSIONER Construction Debris Disposal Affidavit (required for all demolition and renovation work) In accordance with the sixth edition of the State Building Code, 780 CMR section 111.5 Debris, and the provisions of MGL c 40, S 54; Building Permit # is issued with the condition that the debris resulting from this work shall be disposed of in a properly licensed waste disposal facility as defined by MGL c 111, S 150A. The debris will be transported by: (name of hauler) The debris will be disposed of in (name of facility) g =NqJ SM t Az- l JD1y 1 H �t vvva (address of facility) C—f� U/ signature fpermi applicant date dcbriviCdoc i CITY OF Sall.&.. NL3SSACHUSETTS BuII INIG DEPARTMIUNT • 120 WASHINGTON STREET, 3so FLOOR TEL. (978)745-9595 FAX(978) 740-9846 KINIBERI.EY DRISCOLL MAYOR THomtAs Sr.PtERne DIRECTOR OF PUBLIC PROPERTY/BUILDING CO,\LvtISSIONER Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name(BusinessOrganiizatioNindividmi): Address: S� WC'LWOOF-3 Ur,:i PO City/State/Zip: Xr."t M11 0/R2 Phone #: 490 0 —IdV Are you an employer?Check the appropriate box: Type of project(required): 110-1 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.❑ 1 am a sole proprietor or partner- listed on the attached sheet.: Remodeling ship and have no employees These subcontractors have ❑Demolition working for me in any capacity. workers'camp.insurance. 9, ❑ Building addition [No workers'comp. insurance 5. ❑ We are a corporation and its required.] officers have exercised their 10.❑Electrical repairs or additions 3.❑ I am a homeowner doing all work right of exemption per MGL I L❑Plumbing repairs or additions myself.(No workers'comp. C. 152,§1(4),and we have no 12.❑Roof repairs insurance required.)t employees.LNo workers' Other— comp. insurance required.] 13.❑.Other •Any appbraM that check.box if 1 must also fill out the section below showing their workers'compensation policy information. 'I hxneuwmns who submit this affidavis indicting they are doing all work and then hire outside contractors most submit a rtew amdavil indicting such. =Cmtmcmn that check this box most attached an additio,W sheet showing the none of the subs atmcuxs and their workers'comp.policy information. I am an employer that Is providing workers'compensation insarancefor my employees. Below Is the policy and fob site information. Insurance Company Name:- Policy #orSelf-ins.s.LieC#`: _� �}�,U� - I I-7 -C 5 ExpirvationDatec: 1(n,,,,- [ Job Site Address: . J�&VV,%�[ �r "'�% City/State/Zip: Y/""�( �� ����J 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 I, fine up to S1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to S250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of(" fth A for insurance cove g verification. 1 do hereby cerr fy ay der th s rd s of perjury that the infarmadan provided above tra and correct Date, P Official use only. Do not write in this urea,to be completed by city or town official City or Town: PermidLicense# Issuing Authority(circle one): 1. Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5. Plumbing Inspector 6.Other Contact Person: Phone#: ] I ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDI Y TM Ol/28/2010 PRODUCER 979.987.4900 FAX 979.887.2404 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Edward F. Sennott Insurance Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 16 South Main Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. 0. Box 457 Topsfield, MA 01993 INSURERS AFFORDING COVERAGE NAIC# INSURED Fishhrook Builders LLC INSURER A: Merchants Insurance Group 51 Lockwood Lane INSURER B'. Hartford PO BOX 194 INSURER C: Boxford, MA 01921 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DO'U TYPE OFINSURANCE POLICY NUMBER POLICYEFFECTIVE POLICYEXPIRATION LIMITS LTR NSRd DATE MMIDDIYYVY DATE MMIDOIYYVV GENERAL LIABILITY BOPI044920 01/01/2010 01/01/2011 1 EACHOCCURRENCE $ 1,000,00 X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ 50,00 CLAIMS MADE OCCUR MED EXP(Any one person) $ 5,00 A PERSONAL B ADV INJURY $ 1,000,00 GENERAL AGGREGATE S 2,000,00 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $ 2,000,00 POLICY jE O- LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per acadenp $ PROPERTY DAMAGE $ (Peranatlent) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGO $ EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR G CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION S $ WORKERS COMPENSATION 6S60UB-4114P14-5-10 01/14/2010 01/14/2011IAIU AND EMPLOYERS'LIABILITY TORV LIMITS ER B OFFICERMEMBOER ANY /EXCNER/EECUTIVEY E.L.EACH ACCIDENT $IN 100,00 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 100,00 If SPELnder CIAL PROVISIONS below El DISEASE-POLICY LIMIT S 500,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. EVIDENCE OF INSURANCE AUTHORIZED REPRESENTATIVE Sennott Ins. Agency ACORD 25(2009101) ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Massachusetts_- Department oP puhlic S O. a 5 Board of Building Regulations and St-andards, Construction Supervisor License License: CS 103099 Restricted to:. 00 GARY CHURCH 51 LOCKWOOD LANE BOXFORD, MA 01921 Expiration: 8/8/2012 Tr#: 103099 ' ('unnnissioncr _ 1 .fly. Office of Consumer Affairs and usiness Regulation 10 Park Plaza - Suite 5170 Boston, Massac)usetts 02116 Home Improvementoiractor Registration Registration: 164756 ( Type: LLC Expiration: 1111212011 Tr4 290498 PORTCITY BUILDERS & RENOVK1 {7f ,LL� 7 C i GARY CHURCH i„{ 3. 1 P.O. BOX 194 4 f f 7 - BOXFORD, MA 01921 l w;tf Update Address and return card.Mark reason for change. Address ❑ Renewal E] Employment L] Lost Card DPS-CA1 25 5OM-04104-GG/IO12166 ✓� "l/�OOIVIIzo9#IM.a�[IE O�✓UI.QJd/�+//OG�d _ - - -. __ -- Office of Consumer Affairs&Business Regulation License or registration valid for individul use only HOME IMPROVEMENT CONTRACTOR before the expiration date. If found return to: o Registration 164756 Office of Consumer Affairs and Business Regulation Expiraton 11%12(2011 TrB 290498 10 Park Plaza-Suite 5170 Tp x Boston,MA 02116 Type, �� PORTCITY BUILDERS&'F# NOVATORS, LLC. GARY CHURCF# " '- 51 LOCKWOOD BOXFORD,MA 01921 Undersecretary -- Not valid without signature i� CONTRACTOR'S NAME: FISHBROOK BUILDERS, LLC ADDRESS: PO Box 194 Boxford, MA 01921 PHONE: 978423-3694 FAX: 978-887-1277 LIC#: CS 103099& HIC 164756 FEDID#: 27-0559459 DATE: March 30, 2010 OWNER'S NAME: Stan & Gayle Cahill ADDRESS: 37 Summit Ave, Salem, MA PROJECT ADDRESS: 37 Summit Ave, Salem, MA I. PARTIES This contract(hereinafter referred to as"Agreement") is made and entered into on this the 1s' day of June, 2010 by and between Stan & Gayle Cahill, (hereinafter referred to as"Owner"); and Fishbrook Builders, LLC (hereinafter referred to as "Contractor"). In consideration of the mutual promises contained herein, Contractor agrees to perform the following work: II GENERAL SCOPE OF WORK DESCRIPTION: • Refer to attached spreadsheet LUMP SUM PRICE FOR ALL WORK ABOVE: $42,880 III. GENERAL CONDITIONS FOR THE AGREEMENT ABOVE A. EXCLUSIONS This Agreement does not include labor or materials for the following work (unless Owner selects one of these items as an Additional Alternate): 1. PROJECT SPECIFIC EXCLUSIONS: • Permit Fee • Cabinet hardware 2. STANDARD EXCLUSIONS: Unless specifically included in the "General Scope of Work"section above, this Agreement does not include labor or materials for the following work: Plans, engineering fees, or governmental permits and fees of any kind. Testing, removal and disposal of any materials containing asbestos(or any other hazardous material as defined by the EPA). Custom milling of any wood for use in project. Moving Owner's property around the site. Labor or materials required to repair or replace any Owner-supplied materials. Repair of concealed underground utilities not located on prints or physically staked out by Owner which are damaged during construction. Surveying that may be required to establish accurate property boundaries for setback purposes (fences and old stakes may not be located on actual property lines). Final construction cleaning (Contractor will leave site in "broom swept" condition). Landscaping and irrigation work of any kind. Temporary sanitation, power, or fencing. Removal of soils under house in order to obtain 18 inches (or code- required height) of clear space between bottom of joists and soil. Removal of filled ground or rock or any other materials not removable by ordinary hand tools(unless heavy equipment is specified in Scope of Work section above), correction of existing out-of-plumb or out-of-level conditions in existing structure. Correction of concealed substandard framing. Rerouting/removal of vents, pipes, ducts, structural members, wiring or conduits, steel mesh which may be discovered in the removal of walls or the cutting of openings in walls. Removal and replacement of existing rot or insect infestation. Failure of surrounding part of existing structure, despite Contractor's good faith efforts to minimize damage, such as plaster or drywall cracking and popped nails 1 1 in adjacent rooms, or blockage of pipes or plumbing fixtures caused by loosened rust within pipes. Exact matching of existing finishes. Public or private utility connection fees. Repair of damage to roadways, driveways, or sidewalks that could occur when construction equipment and vehicles are being used in the normal course of construction. B. DATE OF WORK COMMENCEMENT AND SUBSTANTIAL COMPLETION Commence work following receipt of approved building permit and/or June 21, 2010. Construction time through substantial completion: Approximately 6-8 weeks, not including delays and adjustments for delays caused by: inclement weather, accidents, additional time required for performance of Additional Work Order Authorization work (as specified in each Additional Work Order Authorization), delays caused by Owner, and other delays unavoidable or beyond the control of the Contractor. Delays caused by owner, resulting in Contractor'pulling off the job' due to Contractor's ability to perform the work under this Agreement may be charged a re-mobilization fee based upon the discretionary decision of Contractor. C. EXPIRATION OF THIS AGREEMENT This Agreement will expire 10 days after the date at the top of page one of this Agreement if not accepted in writing by Owner and returned to Contractor within that time. D. WORK PERFORMED BY OWNER OR OWNER'S SEPARATE SUBCONTRACTORS Any labor or materials provided by the Owner's separate Subcontractors while Contractor is still working on this project will not be supervised by Contractor. Contractor has the right to qualify and approve Owner's Subcontractors and require evidence of work experience, proper licensing, and insurance. Contractor is NOT responsible for Owner's subcontractors in any manner. E. ADDITIONAL WORK ORDER AUTHORIZATIONS: CONCEALED CONDITIONS, ADDITIONAL WORK,AND CHANGES IN THE WORK 1. CONCEALED CONDITIONS: This Agreement is based solely on the observations Contractor was able to make with the structure in its current condition at the time this Agreement was bid. If additional concealed conditions are discovered once work has commenced which were not visible at the time this proposal was bid, Contractor will stop work and point out these unforeseen concealed conditions to Owner so that Owner and Contractor can execute an Additional Work Order Authorization for any Additional Work. 2. CHANGES IN THE WORK: During the course of the project, Owner may order changes in the work (both additions and deletions). Contractor will determine the cost of these changes and the cost of this Additional Work will be added to this Agreement. 3. DEVIATION FROM SCOPE OF WORK: Any alteration or deviation from the Scope of Work referred to in the Contract Documents involving extra costs of materials or labor (including any overage on ALLOWANCE work)will be executed upon a written Additional Work Order Authorization issued by Contractor and should be signed by Contractor and Owner prior to the commencement of Additional Work by the Contractor. This Additional Work Order Authorization will become an extra charge over and above the Lump Sum Price referred to at the beginning of this Agreement. 2 I 1 ' 4. CHANGES REQUIRED BY PLAN CHECKERS OR FIELD INSPECTORS: Any increase in the Scope of Work set forth in these Contract Documents which is required by plan checkers or field inspectors with city or county building/planning departments will be treated as Additional Work to this Agreement for which the Contractor will issue an Additional Work Order Authorization. F. PAYMENT SCHEDULE AND PAYMENT TERMS 1. PAYMENT SCHEDULE: * First Payment: Deposit is due when Agreement is signed and returned to Contractor: $12,000 * Second Payment: Due upon start of rough framing $12,000 * Third Payment: Due upon start of cabinets: $12,000 * Fourth Payment: Due upon substantial completion of project: $6,880 Total Payment: $42,880 2. SUBSTANTIAL COMPLETION PAYMENT: Substantial completion is defined as the Contractor having substantially completed the scope of work as contracted. A punch list of'incomplete'or 'repair' items shall be compiled during the final walk through and a dollar value assigned to each item. The 'Substantial Completion' payment less the punch list dollar value is due promptly after final walk through. 3. HOLD BACK FROM FINAL PAYMENT FOR PUNCH LIST WORK: At time of making the final contract payment, Owner may hold back 150% of the value of all Punch List work. Owner and Contractor will place a fair and reasonable value on each Punch List item at time of Punch List walk-through with Owner. Contractor and Owner will then execute the Punch List form. This 150% hold back for Punch List work assures Owner that all Punch List work will be completed by Contractor in a timely manner. 4. PAYMENT FOR COMPLETED PUNCH LIST WORK: Payment for completed Punch List items is due and payable upon submittal of invoice for those completed items, even though entire Punch List is not completed. 5. PAYMENT OF ADDITIONAL WORK ORDER AUTHORIZATIONS: Payment for Additional Work Order Authorizations is due upon substantial completion of each individual unit and submittal of invoice by Contractor. 6. ADDITIONAL PAYMENTS FOR ALLOWANCE WORK AND RELATED CREDITS: Payment for work designated in the Agreement as ALLOWANCE work has been initially factored into the Lump Sum Price and Payment Schedule set forth in this Agreement. If the actual cost of the ALLOWANCE work exceeds the line item ALLOWANCE amount in the Agreement, the difference between the cost and the line item ALLOWANCE amount stated in the Agreement will be written up by Contractor as an Additional Work Order Authorization subject to Contractor's profit and overhead. If the cost of the ALLOWANCE work is less than the ALLOWANCE line item amount listed in the Agreement, a credit will be issued to Owner after all billings related to this particular line item ALLOWANCE work have been received by Contractor. This credit will be applied toward the final payment owing under the Agreement. Contractor profit and overhead and any supervisory labor will not be credited back to Owner for ALLOWANCE work. 3 -1 1 7. INTEREST CHARGES: Interest in the amount of 1.5% per month will be charged on all late payments under this Agreement. "Late Payments"are defined as any payment not received within 7 business days of receipt of invoice from Contractor. G.WARRANTY Contractor provides a limited warranty on all Contractor-and Subcontractor-supplied labor and materials used in this project for a period of one year following substantial completion of all work. No warranty is provided by Contractor on any materials furnished by the Owner for installation. No warranty is provided on any existing materials that are moved and/or reinstalled by the Contractor within the dwelling (including any warranty that existing/used materials will not be damaged during the removal and reinstallation process). One year after substantial completion of the project, the Owner's sole remedy(for materials and labor) on all materials that are covered by a manufacturers warranty is strictly with the manufacturer, not with the Contractor. Repair of the following items is specifically excluded from Contractors warranty: Damages resulting from lack of Owner maintenance; damages resulting from Owner abuse or ordinary wear and tear; deviations that arise such as the minor cracking of concrete, stucco and plaster; minor stress fractures in drywall due to the curing of lumber; warping and deflection of wood; shrinking/cracking of grouts and caulking; fading of paints and finishes exposed to sunlight. THE EXPRESS WARRANTIES CONTAINED HEREIN ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, HABITABILITY, OR FITNESS FOR A PARTICULAR USE OR PURPOSE. THIS LIMITED WARRANTY EXCLUDES CONSEQUENTIAL AND INCIDENTAL DAMAGES AND LIMITS THE DURATION OF IMPLIED WARRANTIES TO THE FULLEST EXTENT PERMISSIBLE UNDER STATE AND FEDERAL LAW. H. CONFLICT OF DOCUMENTS If any conflict should arise between the plans, specifications, addenda to plans, and this Agreement, then the terms and conditions of this Agreement shall be controlling and binding upon the parties to this Agreement. I. MATCHING EXISTING FINISHES Where Contractor's work involves the"matching of existing finishes or materials," Contractor will use reasonable efforts to match existing finishes and materials. However, Contractor does not guarantee an exact match due to such factors as discoloration due to the aging process, difference in dye lots, and difficulty of exactly matching certain finishes, colors, and planes. J. WORK STOPPAGE, TERMINATION OF CONTRACT FOR DEFAULT, AND INTEREST Contractor shall have the right to stop all work on the project and keep the job idle if payments are not made to Contractor in accordance with the Payment Schedule in this Agreement, or if Owner repeatedly fails or refuses to furnish Contractor with access to the job site and /or product selections or information necessary for the advancement of Contractors work. Simultaneous with stopping work on the project, the Contractor must give Owner written notice of the nature of Owners default and must also give the Owner a 14-day period in which to cure this default. 4 r 1 If work is stopped due to any of the above reasons (or for any other material breach of contract by Owner) for a period of 14 days, and the Owner has failed to take significant steps to cure his default, then Contractor may, without prejudicing any other remedies Contractor may have, give written notice of termination of the Agreement to Owner and demand payment for all completed work and materials ordered through the date of work stoppage, and any other loss sustained by Contractor, including Contractor's Profit and Overhead on the balance of the incomplete work under the Agreement. Thereafter, Contractor is relieved from all other contractual duties, including all Punch List and warranty work. K. DISPUTE RESOLUTION AND ATTORNEY'S FEES Any controversy or claim arising out of or related to this Agreement involving an amount of less than $5,000 (or the maximum limit of the court) must be heard in the Small Claims Division of the Municipal Court in the county where the Contractor's office is located. Any controversy or claim arising out of or related to this Agreement which is over the dollar limit of the Small Claims Court must be settled by binding arbitration administered by the American Arbitration Association in accordance with the Construction Industry Arbitration Rules. Judgment upon the award may be entered in any Court having jurisdiction thereof. The prevailing party in any legal proceeding related to this Agreement shall be entitled to payment of reasonable attorney's fees, costs, and expenses. L. ENTIRE AGREEMENT,SEVERABILITY, AND MODIFICATION This Agreement represents and contains the entire agreement between the parties. Prior discussions or verbal representations by the parties that are not contained in this Agreement are not a part of this Agreement. In the event that any provision of this Agreement is at any time held by a Court to be invalid or unenforceable, the parties agree that all other provisions of this Agreement will remain in full force and effect. Any future modification of this Agreement must be executed in writing in order to be valid and binding upon the parties. M. INSURANCE Owner shall pay for and maintain "Course of Construction" or"Builder's Risk" or any other insurance that provides the same type of coverage to the Contractor's work in progress during the course of the project. It is Owner's express responsibility to insure dwelling and all work in progress against all damage caused by fire and Acts of God such as earthquakes, floods, etc. The Contractor represents that it has purchased and agrees that it will keep in force for the duration of the performance of the work or for such longer term as may be required by this agreement, in a company or companies lawfully authorized to do business in the State of Massachusetts, such insurance as will protect Stan &Gayle Cahill and the owner of the site, if the site is not owned by Stan & Gayle Cahill from claims for loss or injury which arise out of a result from the Contractor's operations under this project, whether such operations by the Contractor or by a subcontractor or its subcontractors. The Contractor represents and agrees that said insurance is written for and shall be maintained in an amount not less than the limits of the liability specified below or required by law, whichever coverage is greater. The Contractor certifies that coverage written on a "claims made"form will be maintained without interruption from the commencement of work until the expiration of all applicable statues of limitation. 1) Worker's Compensation $500,000.00 5 2 Comprehensive General Liability with limits of not less than P Y $1,000,000.00 per occurrence and $2,000,000 aggregate N. LICENSES All work shall be completed in a workman-like manner and in compliance with all building codes and other applicable laws. To the extent required by law all work shall be performed by individuals duly licensed and authorized by law to perform said work. The contractor and it's subcontractors shall be registered, and that any inquiries about the contractor or subcontractor relating to a registration should be directed to: Director, Home Improvement Contractor Registration, PO Box 871, Taunton, MA 02780-0871, Telephone # (508) 821-9375. O. ADDITIONAL TERMS AND CONDITIONS See page(s)attached: X Yes _No P. RIGHT OF CANCELLATION Be advised that under Massachusetts General Law c.93, § 48; MGL c. 140D, § 10 or MGL c. 255D § 14 you have three (3)days to rescind your decision and cancel this agreement. DO NOT SIGN THIS CONTRACT IF THERE ARE ANY BLANK SPACES I have read and understood, and I aazee to, all the terms and conditions contained in the Agreement above _ </ Date JttarVCahill 4 tra (a d4UA, J Dte Gaye Date Gary Chur h is rook Builders, LLC 6