Loading...
24A-130 (6) 33 PROSPECT AVE BP-2022-0085 GIS#: COMMONWEALTH OF MASSACHUSETTS Map:Block:24A- 130 CITY OF NORTHAMPTON Lot:-001 PERSONS CONTRACTING WITH UNREGISTERED CONTRACTORS Permit: Building DO NOT HAVE ACCESS TO THE GUARANTY FUND (MGL c.142A) Category: ROOF BUILDING PERMIT Permit# BP-2022-0085 Project# JS-2022-000151 Est.Cost:$2123.00 Fee: $40.00 PERMISSION IS HEREBY GRANTED TO: Const.Class: Contractor: License: Use Group: RENE GAUTHIER 098654 Lot Size(sq.ft.): 7143.84 Owner: BANJAMIN MARA Zoning: URA(100)/ Applicant: RENE GAUTHIER AT: 33 PROSPECT AVE Applicant Address: Phone: Insurance: 1 ARCH RD SUITE 11 (413) 455-5580 WC WESTFIELDMA01085 ISSUED ON:7/26/20210:00:00 TO PERFORM THE FOLLOWING WORK:ROOF REPAIR 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 Siguatnri � . Ti.. . FeeType: Date Paid: Amount: Building 7/26/2021 0:00:00 $40.00 212 Main Street, Phone(413)587-1240,Fax:(413)587-1272 Louis Hasbrouck—Building Commissioner The Commonwealth of Massa hus 4, c9 Board of Building Regulations and n ' a. FO Massachusetts State Building Code, 780 e/,� <9O�J ' ICI ALITY Building Permit Application To Construct, Repair,Renovate • t• ' h a Revi d Mar 2011 One-or Two-Family Dwelling -Io o6Ti0 Jl J This Section For Official Use Only BuildingPermit Number: 6 p-a 4).- CJ Date Applied: �v,n) /Ila�s ____4(jZ 7-Z3-ZoZI Building Official(Print Name) Signature Date SECTION 1:SITE INFORMATION 1.1 Property Address: 1.2 Assessors,Map&Parcel Number 33 Prospect Ave p'l c1' 1q 130 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 0 Private 0 Zone: Outside Flood Zone? _ Municipal 0 On site disposal system 0 Check if yes❑ SECTION 2: PROPERTY OWNERSHIP' 2.1 Owner'of Record: Mara Banjamin Northampton,MA oio6o Name(Print) City,State,ZIP 33 Prospect Ave 212-666-9232 mara.benjamin@gmail.com No.and Street Telephone Email Address SECTION 3:DESCRIPTION OF PROPOSED WORK2(check all that apply) New Construction 0 Existing Building 0 Owner-Occupied 0 Repairs(s) la Alteration(s) 0 Addition 0 Demolition 0 Accessory Bldg. 0 Number of Units Other 0 Specify: Brief Description of Proposed Work': roof repair.reflash chimney.Please see estimate for details. SECTION 4:ESTIMATED CONSTRUCTION COSTS Item Estimated Costs: Official Use Only (Labor and Materials) 1.Building $ 2,123.00 1. Building Permit Fee:$ Indicate how fee is determined: 2.Electrical $ ❑ Standard City/Town Application Fee ❑Total Project Cost (Item 6)x multiplier x 3. Plumbing $ 2. Other Fees: $ 4. Mechanical (HVAC) $ List: 5. Mechanical (Fire $ Suppression) Total All Fees: $ at°Check No.15P ) Check Amount: Cash Amount: 6. Total Project Cost: $ 2,123.00 0 Paid in Full 0 Outstanding Balance Due: SECTION 5: CONSTRUCTION SERVICES 5.1 Construction Supervisor License(CSL) CS-o98654 08/19/2021 Rene Gauthier License Number Expiration Date Name of CSL Holder 1 Arch Road Suite 11 List CSL Type(see below) U No.and Street Type Description Westfield,MA o1085 U Unrestricted(Buildings up to 35,000 cu.ft.) City/Town,State,ZIP R Restricted l&2 Family Dwelling nM Masonry RC Roofing Covering WS Window and Siding SF Solid Fuel Burning Appliances 413-579-5798 info@nextgen413.net I Insulation Telephone Email address D Demolition 5.2 Registered Home Improvement Contractor(HIC) NextGen Construction Service Inc. 196063 06/27/2023 HIC Registration Number Expiration Date HIC Company Name or HIC Registrant Name I Arch Road Suite it info@nextgen413.net No.and Street Email address Westfield,MA oto85 413-579-5798 City/Town,State,ZIP Telephone SECTION 6: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 . 121 No 0 SECTION 7a:OWNER AUTHORIZATION TO BE COMPLETED WHEN OWNER'S AGENT OR CONTRACTOR APPLIES FOR BUILDING PERMIT I,as Owner of the subject property,hereby authorize Rene Gauthier to act on my behalf,in all matters relative to work authorized by this building permit application. Rene Gauthier 07/19/2021 Print Owner's Name(Electronic wne ( ect onic Signature) Date SECTION 7b:OWNER'OR AUTHORIZED AGENT DECLARATION By entering my name below,I hereby attest under the pains and penalties of perjury that all of the information contained in this application is true and accurate to the best of my knowledge and understanding. Rene Gauthier 07/19/2021 Print Owner's or Authorized Agent's Name(Elefonic Signature) Date 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 can be found at www.mass.gov/oca Information on the Construction Supervisor License can be found at www.mass.gov/dps 2. When substantial work is planned,provide the information below: Total floor 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" City of Northampton i Massachusetts :?it 1� DEPARTMENT OF BUILDING INSPECTIONS• 212 Main Street • Municipal Building ''f Ittle • Northampton, MA 01060 sSr 1,-)\, CONSTRUCTION DEBRIS AFFIDAVIT (FOR ALL DEMOLITION AND RENOVATION PROJECTS) In accordance of the provisions of MGL c 40, S54, a condition of Building Permit Number is that all 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 disposed of in: Location of Facility: Casella Waste 686 Main Street Holyoke,MA oio4o The debris will be transported by: Name of Hauler: NextGen Construction Service Inc. Signature of Applicant: g.� Date: 07/19/2021 A"' The Commonwealth of Massachusetts Department of Industrial Accidents 1 Congress Street,Suite 100 Boston,MA 02114-2017 www.mass.gov/dii U takers'Compensation Insurance Affidavit:BuilderslCootractor►tE lectrkianslPlumbers. It)BE FILED WITH THE PERMiI'ITINCALITH/)RI'l . Antillean!Information Please Print l.eeibh Name( Inuits idu:alb:NextGen Construction Service Inc. Address: r Arch Road Suite it City/Statt/Zip: Westfield,MA o1085 Phone#: 413-579-5798 Mr ius as o■p yee Check the appropriate hot: Type of project(required): 1.©(am a cmpkuyor with 5 empk"yecs dull and or pan-trmel.' 7. New construction lam a sole proprietor in partnership and base no employers working fur me m K. 0 Remodeling any capacity,rro worker,'comp.insurance required.) 9. Ei Demolition 1 am a bunions net doing all work myself I to workers'comp.rnwrance required.r 4.0 I am mn,a him and will be luring ountrador,to conduct all work tin my poverty. I will 10 Building addition endure that all cuNractors either have wukea'compeinatrun insurance or arc stile 111:1 Electrical repairs or additions prupr.rt°"with no employees. 12.0 Plumbing repairs or additions 5l 1 am a general contractor and I have hired the sub-r(antra:ton listed on the attached sheet. I 3.0 Roof repairs These sew-contractors hair a'mployeea and have workers carry,.uuurance. 6.0 we are a cuiporation and its officer,hair:exaeiscd their right of excn ,tin per SR it c. 14.❑Otherofficer, 152.§11a).and we base nu anpkiytves.INw,workers'comp.resonance requned.1 •Any applicant that checks box el must also fill out the section below showing their*sulkers'compensation policy iafarotatiroa. f Ikurrrn,wnrn.whu submit this affidavit indicating they are doing all wank and then hire outside eantrart ra must submit a sew affidavit mdicvung such.. ontracwrs that cheek this hot must attached an additional%beet showing the anima of die wand tame whether or out those entities hair employees. It the sub-contractors hair cinployoes,they mist provide their workers"Lump.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 Insurance Co Policy#or Self-ins.Lic.#:VWC-too-6023118-2o21A Expiration Date:°7/14/2022 lob Site Address: 33 Prospect Ave City'Stat&Zip:Northampton,MA 01060 Attach a copy of the workers'compensation polky declaration page(showing the policy number and eipiradon date). Failure to secure coverage as required under MGL c. 152.§25A is a criminal violation punishable by a tine up to$1,500.00 andlor one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a line of up to S250.00 a day against the violator.A copy ot'this statement may be forwarded to the Office of Investigations of the DIA fur insurance coverage verification. I do hereby certify.under the pains and penalties of perjury that the information provided above is true and correct Signature: i� uG/� Date 07/19/202r Phone#: 413-579-5798 Official use only. Do not write in this area.to be completed by,city or town ofciaL tit:* or Town: Permit/License# Issuing Authority(circle one): 1.Board of ilealth 2.Building Department 3.City/i'own Clerk 4.Electrical Inspector 5.Plumbing Inspector 6.Other Contact Penes: Phone#: ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) �..- 07/12/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) 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 CONTANAME:CT Jeffrey Brochu Brochu Insurance Agency Inc A/c.PHONE (413)536-3311 (a/c,Nol: (413)536-0900 • 725 Grattan Street EMAIL ADDRESS: )eff@a brochuinsurance.com INSURER(S)AFFORDING COVERAGE NAIC• Chicopee MA 01020 INSURER A: Atlantic Casualty Insurance Company 00000 INSURED INSURER B: Commerce I nsurance Company 34754 Nedgen Construction Service Inc INSURER C: Aim Mutual Insurance Co 0075 82 Pequot Rd INSURER D: INSURER E: _ Southampton MA 01073 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTRWan wvn POLICY NUMBER IMMIDDIYYYYI IMM/DDIYYYYI X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR PREM PREMISES(Ea occurrence) $ 100,000 MED EXP(Any one person) $ 5,000 A N N L307000923 10/16/2020 10/162021 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRO- X POLICY JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accidenU ANY AUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED AUTOS ONLY AUTOS N N RPL082 10/04/2020 10/042021 BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY _ AUTOS ONLY (Per accident) UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER V OTH- AND EMPLOYERS'LIABILITY STATUTE /� ER Y/N ANY PROPRIETOR/PARTNERIEJ(ECUTIVE E.L.EACH ACCIDENT $ 1,000,000 C OFFICERMIEMBER EXCLUDED? LY N/A N VWC 100 60231 1 8-2021-A 07/14/2021 07/14/2022 (Mandatory In NH) E.LDISEASE-EAEMPLOYEE $ 1,000,000 E yes.describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Construction&Remodeling General Liability applies for use of equipment rented from certificate holder CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN Nextgen Construction Service Inc ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Fax: Email: ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Construction Supervisor Unrestricted -Buildings of any use group which contain less than 35,000 cubic feet(991 cubic meters) of enclosed space. Failure to possess a current edition of the Massachusetts State Building Code is cause for revocation of this license. For information about this license Call(617)727-3200 or visit www.mass.gov/dpl ---------------------------------------- Commonwealth of Massachusetts Division of Professional Licensure Board of Building Regulations and Standards Construction Supervisor CS-098654 Expires:08/1912021 RENE E GAUTHIER, JRR.. r 32 PEQUOT RD .. SOUTHAMPTO,N MA 01073 N. Commissioner 4,14.L4-cy+`" — Office of Consumer Affairs&Business Regulation HOME IMPROVEMENT CONTRACTOR TYPE:Corporation Ro 11 tr tti.4Q EARirtition 196063 06!27/2021 NEXTGEN CONST. C "tON;SERVICE INC. RENE E.GAUTHIER -- '4' i 301 N.ELM ST ''V% u/s°'" •'-z .c6 P.O.BOX 1959 Undersecretary WESTFIELD,MA 01085 ESTIMATE NextGen Construction Service Inc./NextGen Roofing Matt Talbot 1 Arch Rd, matt@nextgen413.net -' Suite 11 EXTGEN Westfield, MA 01085 NEXTGEN C111STR11'T1U1 SLR%IC S (413)579-5798 n1 www.nextgen413.net CS#098654 Ma REG#176989 Mara Benjamin Estimate# E-2825 Job#J-2778 - Benjamin - Roof Repair 33 Prospect Ave Date 7/13/2021 Northampton, MA 01060 Item Description Qty Amount Removal of Shingles Remove existing 1 layer of shingles,and underlayment 1.00 $146.00 around chimney. ili 4 i . . y1 Ice and water barrier Install ice and water barrier around chimney. 1.00 $212.00 Chimney flashing Grind out the old flashing and re-flash the chimney 1.00 $1,347.00 properly with new lead counter flashing. Install shingles We will install new shingles in the affected area. (we will 1.00 $318.00 try to get as close of a shingle match as possible. Usually the color difference is noticeable) Disposal We will remove of all construction debris and bring it to a 1.00 $100.00 recycling facility. Sub Total $2,123.00 Total $2,123.00 ADDITIONAL NOTES Mara, I believe this a good place to start judging from the photographs. Document ID:4993A732-DA6E-4571-96F8-9BEC846FC2AA Page 1 of 1 HOME IMPROVEMENT CONTRACT Construction Contract dated day of 7/15/2021, by and between Mara Benjamin PROPERTY OWNER, having a mailing address at 33 Prospect Ave Northampton MA 01060, (hereinafter collectively referred to as "Owner") and NEXTGEN Construction Services Inc. (hereinafter referred to as "Contractor"), a Massachusetts corporation with a usual place of business at 1 Arch Road Suite 11, Westfield, Massachusetts 01085 Phone 413-579-5798, email: info@nextgen413.net. ADDRESS WHERE WORK IS TO BE PERFORMED:33 Prospect Ave Northampton, MA 01060 (hereinafter"Premises"). Property Owner Phone:(212) 666-9232 Owner hereby warrants that the person or persons signing this contract are authorized to sign this contract and that such Owners own the above described Premises. Building A COMPLIANCE This Construction Contract is in compliance with the Seventh Edition of the Massachusetts State Building Code 780 CMR 110.R6.5 as adopted by the Massachusetts State Board of Building Regulations and Standards. a. Contractor shall comply with all building code and sanitary laws and federal, state, county, and municipal laws, rules, ordinances, and regulations, including the provisions of Massachusetts General Laws (M.G.L.) Chapter 142A, (Regulation of Home Improvement Contractors) and Massachusetts Residential Code 780 CMR 110.R6 (Regulation and Enforcement of Home Improvement Contractor Program), with the exception of requirements of inspectors and/or officials that exceed documented requirements. Any such requirements that create additional cost shall be considered a change order and billed separately from the provisions of this contract. b. ALL HOME IMPROVEMENT CONTRACTORS AND SUBCONTRACTORS SHALL BE REGISTERED BY THE DIRECTOR. ANY INQUIRIES ABOUT A CONTRACTOR OR SUBCONTRACTOR RELATING TO A REGISTRATION SHOULD BE DIRECTED TO DIRECTOR HOME IMPROVEMENT CONTRACTOR REGISTRATION ONE ASHBURTON PLACE, ROOM 1301 BOSTON, MA 02108 (617) 727-8598 c. Licenses and Registrations: 1) Massachusetts Construction Supervisor License: CSL-098654 2) OSHA 002368979 3) Massachusetts Home Improvement Contractors License No. 196063 4) Corporate Tax Identification No. 82-2537203 d. IN ACCORDANCE WITH THE SEVENTH EDITION OF THE MASSACHUSETTS STATE BUILDING CODE 780 CMR, IT SHALL BE THE OBLIGATION OF THE CONTRACTOR TO OBTAIN ALL NECESSARY CONSTRUCTION- RELATED PERMITS AS THE OWNER'S AGENT. e. Required construction-related permits to be obtained by the Contractor are checked below: _X_building permit roofing permit plumbing permit Highway Department driveway permit sewer entrance permit electrical permit water entrance permit Board of Health permit demolition permit certificate of occupancy Any permits not checked are not the responsibility of the Contractor, and Owner shall obtain at its cost and expense such permits such as variances, special permits and Conservation Commission Orders of Condition. Any delays in obtaining any permits required to be obtained by Owner will delay the performance commencement date and completion date by the additional time it takes Owner to obtain such permits and for the expiration of all appeal periods related to such permits. If Owner is unable to obtain such permits all obligations of the parties hereunder shall cease and this contract will become null and void. It is understood that Contractor is not a licensed lead paint removal contractor or a licensed lead safe contractor and that the Owner at its option can have the Premises remodeled hereunder tested by a licensed lead paint inspector for the presence of lead paint at their expense or have the Contractor hire a licensed lead paint inspector to conduct such lead paint inspection and the costs for such licensed inspector inspection will be billed at cost to Owner in the event that Contractor hires a licensed lead paint inspector. In the event that lead paint is found in any of the areas where remodeling or Document ID: 97F99FB7-5 B1-41B5-AEC1-94787D8CB724 Nextgen Construction Services Inc. at 301 N. Elm St. P.O. Box 1959 Westfield MA 01085, not later than midnight of . (Date) I hereby cancel this transaction. (Date) (Owner's signature) By signing below the Owner acknowledges receipt of this Notice of Cancellation this day of 20 Owner Forms and notices of the right to cancel prescribed by rules of the Federal Trade Commission may be substituted for the forms and notices required by this subsection. C. Notice of cancellation under this section shall be given in writing to the Contractor at the place of business as set forth in the agreement by ordinary mail posted, by telegram sent or by delivery, not later than midnight of the third business day following execution of the agreement. D. In the event of cancellation pursuant to this section the Contractor shall within ten business days of the receipt of any valid notice of cancellation (i) refund all payments made, including any down payment made under the agreement; (ii) return any goods or property traded in to the Contractor on account of or in contemplation of the agreement, in substantially as good condition as when received by the Contractor; (iii) cancel and return any copies of the agreement and any negotiable instrument signed by the Owner with a notation indicating that it has been cancelled; and (iv) take any action necessary or appropriate to terminate promptly any security interest created in connection with the agreement. The Contractor shall be entitled to reclaim and the Owner shall return whenever possible or hold at the Contractor's disposal any goods received by the Owner under the agreement. The Owner may, at his option, comply with the instructions of the Contractor regarding the return shipment of the goods at the Contractor's expense and risk. If the Owner does make the goods available to the Contractor and the Contractor does not pick them up within twenty days of the date of the Owner's notice of cancellation, the Owner may retain or dispose of the goods without any further obligation. If the Owner fails to make the goods available to the Contractor, or if the Owner agrees to return the goods to the Contractor and fails to do so, then the Owner shall remain liable for performance of all obligations under the contract. The Contractor shall within ten business days of receipt of the Owner's notice of cancellation notify the Owner whether the Contractor intends to repossess or to abandon any shipped or delivered goods. E. Whoever violates any provision of this section shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than six months, or both. F. A violation of this section shall constitute a violation of chapter ninety three A. G. An agreement subject to this section shall not contain any waiver of the Owner's rights provided under this section. H. The Contractor shall inform the Owner orally, at the time he signs the agreement, of his right to cancel and shall not misrepresent in any manner such right. I. The Contractor shall not negotiate, transfer, sell, or assign any agreement or other evidence of indebtedness to a finance company or other third party prior to midnight of the fifth business day following the day the agreement was signed. No negotiation, transfer, sale or assignment of any agreement or other evidence of indebtedness shall defeat or limit the Owner's right to cancel the agreement because of failure to include a required or an agreed term or to deliver an accurate copy of the agreement, as provided in subsection B. J. A Contractor of services shall not commence such service during the three business day cancellation period, and the Owner shall not be responsible for the value of work performed during such period, in the event of cancellation. K. This section shall not apply to a transaction in which the Owner is accorded the right to rescission by the provisions of chapter one hundred and forty D, or in which the Owner has initiated the transaction and the goods or services are needed to meet a bona fide immediate personal emergency of the Owner, and the Owner furnishes the Contractor with a separate dated and signed personal statement in the Owner's handwriting describing the situation requiring immediate remedy and expressly acknowledging and waiving the right to cancel the sale within three business days. NOTICE OF CANCELLATION (Enter date of transaction)(_CONTRACT DATE ) You may cancel this transaction, without any penalty or obligation, within three business days from the above date. If you cancel, any property traded in, any payments made by you under the agreement, and any negotiable instrument executed by you will be returned within ten business days following receipt by the Contractor of your cancellation notice, and any security interest arising out of the transaction will be cancelled. If you cancel, you must make available to the Contractor at your residence, in substantially as good condition as when received, any goods delivered to you under this agreement; or you may if you wish, comply with the instructions of the Contractor regarding the return shipment of the goods at the Contractor's expense and risk. If you do make the goods available to the Contractor and the Contractor does not pick them up within twenty days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the Contractor, or if you agree to return the goods to the Contractor and fail to do so, then you remain liable for performance of all obligations under the contract. To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice or any other written notice, or send a telegram to: Nextgen Construction Services Inc. at 301 N. Elm St. P.O. Box 1959 Westfield MA 01085, not later than midnight of . (Date) I hereby cancel this transaction. Document ID: 97F99FB7-57B1-41B5-AEC1-94787D8CB724 Page 10 of 11 (Date) (Owner's signature) By signing below the Owner acknowledges receipt of this Notice of Cancellation this day of 20 Owner Forms and notices of the right to cancel prescribed by rules of the Federal Trade Commission may be substituted for the forms and notices required by this subsection. C. Notice of cancellation under this section shall be given in writing to the Contractor at the place of business as set forth in the agreement by ordinary mail posted, by telegram sent or by delivery, not later than midnight of the third business day following execution of the agreement. D. In the event of cancellation pursuant to this section the Contractor shall within ten business days of the receipt of any valid notice of cancellation (i) refund all payments made, including any down payment made under the agreement; (ii) return any goods or property traded in to the Contractor on account of or in contemplation of the agreement, in substantially as good condition as when received by the Contractor; (iii) cancel and return any copies of the agreement and any negotiable instrument signed by the Owner with a notation indicating that it has been cancelled; and (iv) take any action necessary or appropriate to terminate promptly any security interest created in connection with the agreement. The Contractor shall be entitled to reclaim and the Owner shall return whenever possible or hold at the Contractor's disposal any goods received by the Owner under the agreement. The Owner may, at his option, comply with the instructions of the Contractor regarding the return shipment of the goods at the Contractor's expense and risk. If the Owner does make the goods available to the Contractor and the Contractor does not pick them up within twenty days of the date of the Owner's notice of cancellation, the Owner may retain or dispose of the goods without any further obligation. If the Owner fails to make the goods available to the Contractor, or if the Owner agrees to return the goods to the Contractor and fails to do so, then the Owner shall remain liable for performance of all obligations under the contract. The Contractor shall within ten business days of receipt of the Owner's notice of cancellation notify the Owner whether the Contractor intends to repossess or to abandon any shipped or delivered goods. E. Whoever violates any provision of this section shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than six months, or both. F. A violation of this section shall constitute a violation of chapter ninety three A. G. An agreement subject to this section shall not contain any waiver of the Owner's rights provided under this section. H. The Contractor shall inform the Owner orally, at the time he signs the agreement, of his right to cancel and shall not misrepresent in any manner such right. I. The Contractor shall not negotiate, transfer, sell, or assign any agreement or other evidence of indebtedness to a finance company or other third party prior to midnight of the fifth business day following the day the agreement was signed. No negotiation, transfer, sale or assignment of any agreement or other evidence of indebtedness shall defeat or limit the Owner's right to cancel the agreement because of failure to include a required or an agreed term or to deliver an accurate copy of the agreement, as provided in subsection B. J. A Contractor of services shall not commence such service during the three business day cancellation period, and the Owner shall not be responsible for the value of work performed during such period, in the event of cancellation. K. This section shall not apply to a transaction in which the Owner is accorded the right to rescission by the provisions of chapter one hundred and forty D, or in which the Owner has initiated the transaction and the goods or services are needed to meet a bona fide immediate personal emergency of the Owner, and the Owner furnishes the Contractor with a separate dated and signed personal statement in the Owner's handwriting describing the situation requiring immediate remedy and expressly acknowledging and waiving the right to cancel the sale within three business days. Document ID: 97F99FB7-57B1-41B5-AEC1-94787D8CB724 Page 11 of 11