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31A-156 (3) 61 MAYNARD RD BP-2019-0680 GIS#: COMMONWEALTH OF MASSACHUSETTS MV.-Block: 31A- 156 CITY OF NORTHAMPTON Lot:-001 PERSONS CONTRACTING WITH UNREGISTERED CONTRACTORS Permit: Building DO NOT HAVE ACCESS TO THE GUARANTY FUND (MGL c.142A) Categoa:Bath reno BUILDING PERMIT Permit# BP-2019-0680 Proiect# JS-2019-001112 Est.Cost: $74000.00 Fee$481.00 PERMISSION IS HEREB Y GRANTED TO: Const,Class: Contractor: License: Use Group: KEITER BUILDERS 102457 Lot Size(sg.ft.): 7056.72 Owner: SHATZ LAUREN J&AMY Zoning:URB(100)/ Applicant: KEITER BUILDERS AT: 61 MAYNARD RD Applicant Address: Phone: Insurance: 35 MAIN ST (413) 586-8600 (�_ WC FLORENCEMA01062 ISSUED ON:12/10/2018 0:00:00 TO PERFORM THE FOLLOWING WORK.-REMODEL 2 BATHROOMS, UPGRADE FLOORING IN BASEMENT* NO CHANGE TO EXISTING FOOTPRINT* POST THIS CARD SO IT IS VISIBLE FROM THE STREET Inspector of Plumbing Inspector of Wiring D.P.W. Building Inspector Underground: Service: Meter: Footings: Rough: Rough: House# Foundation: Driveway Final: Final: Final: Rough Frame: Gas: Fire Department Fireplace/Chimney: Rough: Oil: Insulation: Final: Smoke: Final: THIS PERMIT MAY BE REVOKED BY THE CITY OF NORTHAMPTON UPON VIOLATION OF ANY OF ITS RULES AND REGULATIONS. Certificate of Occupancy Signature: FeeType: Date Paid: Amount: Building 12/10/2018 0:00:00 $481.00 212 Main Street,Phone(413)587-1240,Fax:(413)587-1272 Louis Hasbrouck—Building Commissioner File#BP-2019-0680 APPLICANT/CONTACT PERSON KEITER BUILDERS ADDRESS/PHONE 35 MAIN ST FLORENCE (413)586-8600 Q PROPERTY LOCATION 61 MAYNARD RD MAP 31A PARCEL 156 001 ZONE URB(100)/ THIS SECTION FOR OFFICIAL USE ONLY: PERMIT APPLICATION CHECKLIST ENCLOSED REQUIRED DATE ZONING FORM FILLED OUT Fee Paid /U1 lul Building Permit Filled out Fee Paid T eof Construction: REMODEL 2 BAT PGRADE FLOORING IN BASEMENT New Construction Non Structural interior renovations Addition to Existing Accessory Structure 6 Building Plans Included: / Owner/Statement or License 102457 IV 15111 3 sets of Plans/Plot Plan -.—------77: —NV THE FOJLLOWING ACTION HAS BEEN TAKEN ON THIS APPLICATION BASED ON ITF AVIATION PRESENTED: Approved Additional permits required(see below) PLANNING BOARD PERMIT REQUIRED UNDER:§ Intermediate Project: Site Plan AND/OR Special Permit With Site Plan Major Project: Site Plan AND/OR Special Permit With Site Plan ZONING BOARD PERMIT REQUIRED UNDER: § Finding Special Permit Variance* Received&Recorded at Registry of Deeds Proof Enclosed Other Permits Required: Curb Cut from DPW Water Availability Sewer Availability Septic Approval Board of Health Well Water Potability Board of Health Permit from Conservation Commission Permit from CB Architecture Committee Permit from Elm Street Commission Permit DPW Storm Water Management D Signa of Build g Official Date Note:Issuance of a Zoning permit does not relieve a applicant's burden to comply with all zoning requirements and obtain all required permits from Board of Health,Conservation Commission,Department of public works and other applicable permit granting authorities. *Variances are granted only to those applicants who meet the strict standards of MGL 40A.Contact Office of Planning&Development for more information. Department use only . City of Northampton Status of Permit: Building Department Curb Cut/Driveway Permit { } 212 Main Street Sewer/Septic Availability Room 100 Water/Well Availability Northampton, MA 01060 Two Sets of Structural Plans phone 413-587-1240 Fax 413-587-1272 PlotfSite Plans _... Other Specify APPLICATION TO CONSTRUCT,ALTE_LMR, REPAIR, RENOVATE OR DEMOLISH A ONE OR TWO FAMILY DWELLING SECTION 1 -SITE INFO ATI VEL 1.1 Property Address: This section to be completed by office DEC 6 2018 Map �lA _ Lot LY6 Unit 61 Maynard Rd Zone Overlay District DEPT.OF 6UILDIN('a INSPECTIONS NORTHAMPTON,MA 01060 Elm St.District CB District SECTION 2-PROPERTY OWNERSHIP/AUTHORIZED AGENT 2.1 Owner of Record: Lauren Shatz 61 Maynard Rd Name(Print) p,QL(. o, - n _ 1 Current Mailing Address: N Z�-l� ��'X.- n �1�1W-,( Telephone Signature 2.2 Authorized Agent: Keiter Builders, Inc. 35 Main Street Florence, MA 01062 Nam rint) Current Mailing Address: PN J, er 413-586-8600 Si ature Telephone SECTION 3-ESTIMATED CONSTRUCTION COSTS Item Estimated Cost(Dollars)to be Official Use Only completed by permit applicant 1. Building :�jJ qj, �t1, 6-6 (a) Building Permit Fee 2. Electrical (b)Estimated Total Cost of Construction from 6 3. Plumbing Building Permit Fee t000 4. Mechanical(HVAC) (Rdo 5. Fire Protection — 6. Total=0 +2+3+4+5) Check Number This Section For Official Use Only Building Permit Number: Date Issued: Signature: Building Commissioner/Inspector of Buildings Date BGrant @ KeiterBuilders.com EMAIL ADDRESS (REQUIRED; EITHER HOMEOWNER OR CONTRACTOR) Section 4. ZONING All Information Must Be Completed. Permit Can Be Denied Due To Incomplete Information Existing Proposed Required by Zoning This column to be filled in by Building Department Lot Size Frontage Setbacks Front Side L: R: L R: Rear Building Height Bldg.Square Footage % Open Space Footage % (Lot area minus bldg&paved parking) #of Parking Spaces Fill: (volume&Location) A. Has a Special Permit/Variance/Finding ever been issued for/on the site? NO 0 DON'T KNOW (D YES 0 IF YES, date issued:' IF YES: Was the permit recorded at the Registry of Deeds? NO Q DON'T KNOW Q YES 0 IF YES: enter Book Page' and/or Document# B. Does the site contain a brook, body of water or wetlands? NO Q DON'T KNOW 0 YES 0 IF YES, has a permit been or need to be obtained from the Conservation Commission? Needs to be obtained 0 Obtained Q , Date Issued: C. Do any signs exist on the property? YES 0 NO (D IF YES, describe size, type and location: D. Are there any proposed changes to or additions of signs intended for the property? YES 0 NO Q IF YES, describe size, type and location: E. Will the construction activity disturb(clearing, grading,excavation, or filling)over 1 acre or is it part of a common plan that will disturb over 1 acre? YES 0 NO 0 IF YES,then a Northampton Storm Water Management Permit from the DPW is required. SECTION 5-DESCRIPTION OF PROPOSED WORK(check all applicable) New House ❑ Addition ❑ Replacement Windows Alteration(s) Roofing ❑ Or Doors 0 Accessory Bldg. ❑ Demolition ❑ New Signs [O] Decks [Q Siding[O] Other[01 Brief Descriptio�n�Off�ropo ed �/ i J � t 1 n� Work:�C� l�e1r5LL/� Va) 't�tYw�'lS U ll a& +U00~?( � 124krin Alteration of existing bedroom Yes x No Adding new bedroom Yes x No Attached Narrative Renovating unfinished basement c/ Yes (f _No Plans Attached Roll -Sheet 6a. If New house and or addition to existin`a housina, complete the'followina: a. Use of building : One Family Two Family Other b. Number of rooms in each family unit: Number of Bathrooms c. Is there a garage attached? d. Proposed Square footage of new construction. Dimensions e. Number of stories? f. Method of heating? Fireplaces or Woodstoves Number of each g. Energy Conservation Compliance. Masscheck Energy Compliance form attached? h. Type of construction i. Is construction within 100 ft. of wetlands? Yes No. Is construction within 100 yr. floodplain Yes No j. Depth of basement or cellar floor below finished grade k. Will building conform to the Building and Zoning regulations? Yes No . I. Septic Tank City Sewer Private well City water Supply SECTION 7a-OWNER AUTHORIZATION-TO BE COMPLETED WHEN OWNERS AGENT OR CONTRACTOR APPLIES FOR BUILDING PERMIT I, Lauren Shatz as Owner of the subject property hereby authorize KPitPr Builders., Inc to act on my behalf, in all matters relative to work authorized by this building permit application. . � 12 03 18 Signature of Owner Date I, Keiter Builders. Inc as Owner/Authorized Agent hereby declare that the statements and information on the foregoing application are true and accurate,to the best of my knowledge and belief. Signed under the pains and penalties of perjury. Scott Keiter Print N PN , eL 12.03.18 Sign re of Owner/Agent Date SECTION 8-CONSTRUCTION SERVICES 8.1 Licensed Construction Supervisor: Not Applicable ❑ Name of License Holder: Scott Keiter CS-102457 License Number 51 A Hatfield St Northampton, MA 01062 6.20.20 Addre Expiration Date P-,-Z4 ��� 413-586-8600 Signature Telephone 9. Registered Home;imnrovement Contractor: Not Applicable ❑ Keiter Builders, Inc. 175168 Company Name Registration Number 35 Main St Florence MA 01062 4.28.19 Address Expiration Date Skeiter@KeiterBuilders.Com Telephone 413-586-8600 SECTION 10-WORKERS'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....... M No...... ❑ City of Northampton Massachusetts - DEPARTMENT OF BUILDING INSPECTIONS 212 Main Street •Municipal Building j w Northampton, MA 01060 r1, Debris Disposal Affidavit In accordance of the provisions of MGL c 40, S54, I acknowledge that as a condition of the building permit all debris resulting from the construction activity governed by this Building Permit shall be disposed of in a properly licensed solid waste disposal facility, as defined by MGL c 111, S 150A. The debris from construction work being performed at: 61 Maynard Rd (Please print house number and street name) Is to be disposed of at: i (Please prtht name and Vcation 0 facility) Or will be disposed of in a dumpster onsite rented or leased from: Duseau Trucking (Company Name and Address) &;V R - 4 t -4-= 12.3.18 gnature of Permit Applicant or Owner Date If, for any reason, the debris will not be disposed of as indicated, the Applicant or Owner shall notify the Building Department as to the location where the debris will be disposed. The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 1 Congress Street,Suite 100 Boston,MA 02114-2017 www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Keiter Builders, Inc Name (Business/Organization/Individual): Address: 35 Main Street City/State/Zip: Florence, MA 01062 Phone #:413.586.8600 Are you an employer? Check the appropriate box: Type of project(required): 1.9 1 am a employer with 20 4. 0 1 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. 7. 0 Remodeling ship and have no employees These sub-contractors have 8. ® Demolition working for me in any capacity. employees and have workers' 9. 0 Building addition [No workers' comp. insurance comp. insurance.* required.] 5. 0 We are a corporation and its 10.0 Electrical repairs or additions 3.® I am a homeowner doing all work officers have exercised their 11.0 Plumbing repairs or additions myself. [No workers' comp. right of exemption per MGL 12.0 Roof repairs insurance required.] t c. 152, §1(4),and we have no employees. [No workers' 13.® Other comp. insurance required.] *Any applicant that checks box#1 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 additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. If the sub-contractors have employees,they must provide their workers'comp.policy number. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name:AIM Mutual Policy# or Self-ins. Lic. #: MCC20020005382018A Expiration Date:6.11 .2019 61 Maynard Rd Easthampton, MA 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 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. I do hereby rtify�the pains and penalties of perjury that the information provided above is true and correct. 12.03.18 Si nature: President, Keiter Builders, lite. Date: Phone #: 413.586.8600 Official use only. Do not write in this area,to be completed by city or town official. 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 6.Other Contact Person: Phone#: A RD05/17/22018018® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/ ) THIS CERTIFICATE IS ISSUED ASA 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Cynthia Henderson CISR Elite NAME: Webber 8 Grinnell PHOIAC. o (413)586-0111 FAC No): (413)586-6481 8 North King Street E-MAIL chenderson@webberandgrinnell.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC p Northampton MA 01060 INSURER A: Selective Ins Co of S Carolina INSURED INSURER B: A.I.M.Mutual/A.I.M. Kelter Builders,Inc. INSURER C: Attn:Scott Keiter INSURER D: 35 Main Street INSURER E: Florence MA 01062 INSURER F: COVERAGES CERTIFICATE NUMBER: Master Exp 2019 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 ADDLSUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE POLICYNUMBER MMIDD/YYYY W MM/DD/YY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE OCCUR PREM SES Ea ocwDAMAGE T E ence $ 500,000 MED EXP(Any one person) $ 15,000 A S2265567 06/01/2018 06/01/2019 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ❑PRO ❑LOC PRODUCTS-COMP/OPAGG $ 2,000,000 JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident ANY AUTO BODILY INJURY(Per person) $ A OWNED X SCHEDULED A9105217 06/01/2018 06/01/2019 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ X AUTOS ONLY X AUTOS ONLY Per accident Medical payments $ 5,000 X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LIAB HCLAIMS-MADE S2265567 06/01/2018 06/01/2019 AGGREGATE $ 5,000,000 DED I X1 RETENTION$ 10,000 $ WORKERS COMPENSATION X1 PER I X STATUTE ORTH- AND EMPLOYERS'LIABILITY YIN 1,000,000 B ANY PROPRIETOR/PARTNER/EXECUTIVE NJ N/A MCC20020005382018A 06/11/2018 06/11/2019 E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If Yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if 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 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Additional Work. Contractor to supervise. coordinate, and charge 15% profit and overhead on the following: all Additional Work under this Agreement, Additional Work caused by concealed conditions, all overages on AL,I-OWANCE work, all Owner-furnished materials, and all work of Owner's separate contractors who are working on site at same time as Contractor. The amount of the Additional Work will be reasonably determined by the Contractor, and will be subject to Contractor's profit and overhead as noted above. Contractor's profit and overhead, and any supervisory labor will riot be credited back to Owner with any deductive Change Orders (work deleted from Agreement by Owner). RATES CHARGED FOR ALLOWANCE-ONLY AND TIME-AND-MATERIALS WORK Project Manager: $85 per hour: Site Supervisor: $75 per hour; Journeyman Carpenter: $65 per hour; Subcontractor: Amount charged by Subcontractor. Note: Contractor will charge for profit and overhead at the rate of 15% on all work performed on a Time-and-Materials basis (ort both materials and labor rates set forth in this Agreement) and on all costs that exceed specifically stated ALLOWANCE estimates in the Agreement. PEOPLE AUTHORIZED TO SIGN CHANGE ORDERS The following people are authorized to sign Change Orders: (Please till in line(s)above at time of sionino Agreement) PERMITS To perform this work, Keiter Builders, Inc., or subcontractors hired by Keiter Builders, Inc., will obtain, on Owner's behalf, the followimy permits (if required): x_ Building Permit x Electrical Permit Smoke Certificate N Plumbing Permit Demolition Permit Certificate of Occupancy IT IS THE OBLIGATION OF CONTRACTOR TO OBTAIN THESE PERMITS AS YOUR AGENT. IN THE EVENT THAT CONTRACTOR DOES NOT OBTAIN THESE PERMITS, AND THE OWNER OBTAINS THEM, OR IF CONTRACTOR IS NOT REGISTERED WITH THE BOARD OF BUILDING REGULATIONS, OWNER WILL NOT BE ENTITLED TO OBTAIN ANY BENEFITS FROM THE GUARANTEE FUND ESTABLISHED UNDER MASSACHUSETTS GENERAL LAWS CHAPTER 142A. Contractor's obligation to obtain permits is limited to those permits directly related to performing the work Contractor a,rees to do. To the extent that other permits or governmental or regulatory agency approvals, such as, but not limited to. zone changes. variances. special permits, site plan approvals,or approvals of conservation commissions, are required to be obtained before Contractor can obtain their permits, it is the Owner's obligation to satisfy such requirements and to meet those requirements at the Owner's cost. PAYMENT SCHEDULE AND PAYMENT TERMS The total price for performing the work and supplying the materials under this Agreement is Eighty Nine Thousand, Six Hundred ($89,600.00) DOLLARS. Payments against work completed and materials delivered will be made within 2 days from when Contractor notifies Owner that Contractor has reached different completion stages. Payments will be made in the amounts as described in the addendum named "Payment Schedule". ^\ `k 4 Contractor °` £ Owner_- I RIGHT TO TERMINATE CONTRACT If the work is stopped or delayed, either in whole or substantial part, for a period of thirty (30) days under an order of any court or other public authority having jurisdiction, or as a result of an act of government and due to your fault or negligence, or as a result of an act within Owner's control; or if the work shall be stopped or delayed either in whole or substantial part• for a period of thirty (30) days due to Owner's failure to make a payment on time, or make Contractor feel insecure, or if Owner should commit a material breach of any of Owner's responsibilities or obligations under this Agreement, then Contractor may. upon giving Owner seven (7)days written notice, terminate this Agreement and recover from Owner payment for all work performed; for any unpaid costs of and lees for the work; for any liability, obligations, damages, commitments, and/or claims that Contractor may have incurred or might incur in good faith in connections with this Agreement, as well as receiving payment for Contractor's attorney's and legal fees and all lost anticipated gross profits on the work not performed as of the date of the termination. NOTICE Notice will be deemed if delivered in hand or if sent by certified mail, return receipt requested, to the address listed on the front page of this Agreement. ARBITRATION THE CONTRACTOR AND THE HOMEOWNER HEREBY MUTUALLY AGREE IN ADVANCE THAT IN THE EVENT THE CONTRACTOR HAS A DISUPUTE CONCERNING THIS CONTRACT, THE CONTRACTOR MAY SUBMIT SUCH DISPUTE TO A PRIVATE ARBITRATION SERVICE WHICH HAS BEEN APPROVIED BY THE SECRETARY OF THE EXECUTIVE OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATIONS AND THE CONSUMER SHALL BE REQUIRED TO SUBMIT TO SUCH ARBITRATION AS PROVIDED IN MASS. GENERAL LAWS, C.142A. KEITER BUILDERS, tNC. (CONTRACTOR) OWNER \By Scott K e er, President Date Date ► Date NOTICE THE SIGNATURES OF THE PARTIES ABOVL APPLY ONLY TO THE AGREEMENT OF THE PARTIES TO ALTERNATIVE DISPUTE SETTLEMENT INITIATED BY TETE CONTRACTOR. THE OWNER MAY INITIATE. ALTF.,RNATIVE DISPUTE RESOLUTION EVEN WHERE THIS SECTION IS NOT SEPARATELY SIGNED BY THE PARTIES. THE RIGHT TO INITIATE ALTERNATIVE DISPUTE RESOLUTION SHALL END TWO YEARS AFTER THE DATE OF THIS AGREEMENT. DISPUTE RESOLUTION AND ATTORNEY'S FEES Anv controversy or claim arising out of or related to this Agreement involving an amount less than $5.000 (or the maximum limit of the Small Claims court) must be heard in the Small Claims Division of the Municipal Court in the county where.jhe Contractors office is located. Any dispute over the dollar limit of the Small Claims COUrt 10 Contractor ___ Owner arising out of this Agreement shall be submitted to an experienced private construction arbitrator that shall be mutually selected by the parties to conduct a binding arbitration in accordance with the arbitration laws of the state where the project is located. The arbitrator shall be either a licensed attorney or retired judge who is familiar with construction law. If the parties can not mutually agree on an arbitrator within 30 days of written demand for arbitration, then either of the parties shall submit the dispute to binding arbitration before the American Arbitration Association in accordance with the Construction Industry Rules of the American Arbitration Association then in effect. 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 post-judgment interest at the legal rate. ENTIRE AGREEMENT, SEVERABILITY, AND MODIFICATION This Agreement represents and contains the entire agreement and understanding between the parties. Prior discussions or verbal representations by Contractor or Owner 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 should be made in writing and executed by Owner and Contractor. MISCELLANEOUS This agreement is a Massachusetts contract.. contains the entire agreement between us, any representations or warranties not expressly contained in it are not a part of the Agreement, and it is binding upon our heirs, executors, successors and assigns. This Agreement may be modified only by an instrument in writing signed by both of us. This agreement is subject to and is intended to comply with the provisions of Chapter 142A of the Massachusetts General Laws and its corresponding regulations. YOU MAY CANCEL THIS AGREEMENT IF IT HAS BEEN SIGNED BY A PARTY THERETO BY FORWARDING YOUR INTENT TO CANCEL IN WRITING BY ORDINARY MAIL POSTED, BY TELEGRAM SENA' OR BY DELIVERY. NOT LATER THAN MIDNIGHT OF THE THIRD BUSINESS DAY FOLLOWING THE SIGNING OF THIS AGREEMENT. By signing this Agreement, you acknowledge that you have received a complete and original signed copy of the entire Agreement and attached Addenda. Contractor inay not start work until after this Agreement has been signed. DO NOT SIGN THIS CONTRACT IF THERE ARE ANY BLANK SPACES. THIS IS A LEGALLY BINDING AGREEMENT. IF THERE ARE ANY PRO117SIONS WHICH YOU DO NOT UNDERSTAND, YOU SHOULD CONSUL T WITH AN A TTORNE Y BEFORE SIGNING. KFITER BUILDERS, INC. (CONTRACTOR) OWNER by, Seott Keiter, President Date Date Date Contractors-, f Owner