Preview
FILED: WESTCHESTER COUNTY CLERK 11/17/2023 11:16 AM INDEX NO. 50684/2023
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/17/2023
. 000534291
.
NOTICE OF MECHANIC'S LIEN UNDER LIEN LAW
To the Clerk of the County of W#rbrú #5-b and all others whom it may concem:
PLEASE TAKE NOTICE, that Ñ Ft21A CAarhm Cone. .as iienor has and claims
a lien on the real property hereinafter described as follows:
ut2taÛnsdrache
DP.- ar¥n
(1) The and resid es of the lienor are
5 Ñf $2 TSF hitLNew York f , being a corporation composed of
shareholders, whose business address is at I 3M og dia . .
shh { L-L, . , New York 2 52.4, and whose principa0 place f
(
business is at AAAF T wk 52. h5 Kl LL , New York /252
If a partnership, the names and addresses of the partners are
The name and address of lienor's attorney if applicable is
(2) The owner of the real property is Î-.)vy A 02: o n C and the in i rest of the
owner, upon information and belief of the lienor, is fee simple
(3) The name of the person by whom the lienor was employed is b/nda O Z I Zp0nC
(4) The name of the person to whom the lienor furnished or is to fumish material or for whom
the lienor performed or is to perform professional services is Z-indth 0021 000 , .
(5) The name of the person with whom the contract was made is ld 02-(Apo
(6) The labor performed and material furnished was (6 CC
(7) The materials actually manufactured for but o elivered to the real property are
(8) e p c and value of the labor performed and the material fumished is
The agreed price a d value of the material actually manufactured but not delivered to the real
property is S .
The total agreed price and value is 5
(9) The a ount unpaid to the lienor for said labor performed and materials fumished is
$ 116 ,32.
RLED
DCT 1 0 2023
marre.eac2os
FILED: WESTCHESTER COUNTY CLERK 11/17/2023 11:16 AM INDEX NO. 50684/2023
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/17/2023
for material manufactured but not delivered to the real
The amount unpaid to the lienor actually
property is $
The total amount unpaid is S 1,l 55.31
is $ | gl55.32-
The total amount claimed for which this lion is filed
(10)
of work was performed and material furnished was
(11) The µme when the first item
of work was performed and material furnished was
(12)1he e hen the last item
(13) The roperty subject to the lien is situated in the Coun of Ô (41tMsfFA , City of
300 otsd erest . Ap1F.362.
Ms.mr .5co , and known by the address Ln
Block O O , Lot 2.., .
Section
performed and furnished for and used in the improvement of
That said labor and materials were
described. That 8 months (4 months if a single family dwelling) have not
the real property hereinbefore
or from the last i me of materials furnished, or
elapsed dating from the last item of work performed,
or since the final of the work, or since tha final
since the completion of the contract, p
furnishing o the terials for which this lien is claimed.
Dated:
FILED: WESTCHESTER COUNTY CLERK 11/17/2023 11:16 AM INDEX NO. 50684/2023
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/17/2023
VERIFICATION - CORPORATION
as.:
be
STATE OF NEW YORK,
COUNTY OF E SS
(Af LA
being duly sworn, says that deponent is the f r5idMt of
that deponent has read
the foregoing notice of lien and knows the contents
is true to deponent's own knowledge, except as to the matters therein stated to
thereof, and that the same
upon information and belief, and that as to those matters deponent believes it to be true. The
be alleged
d
de deponent is that deponent is an ofHeer, to wit, the
reason why this verification is by
which is a domestic corporation, and deponent is
rd5'yl oC l u r2ia on44welrD
familiar with the facts and circumstances berein.
deponent's information and the gro t's belief as to all matters
Ýhe source of
deponent's knowledge are as follo . oks and reconis the oration.
therein stated upon
Sworn to before me on this AO
day of
MARY ELLEN O'LEARY
State of New York
Notary Public,
Registration No. 0 10L6376538
N lic Qualified la Dutchess Coun
Commission Expires June 11,
VERIFICATION - IND AL
STATE OF NEW YORK, ss.:
COUNTY OF
being duly sworn, says
the within notice of lien and) the lienor(s)
that deponent is (one of the co-partne p onmed in
" has read the said notice and knows the contents
mentioned in the foregoing notice of li that deponent
onent's own knowledge, except as to the matters therein stated to
thereof, and that the same is tme to
matters deponent believes it to be true.
be alleged on information and b ·ef, and that as to those
Swom to before m n this
day of
Notary blic
FILED: WESTCHESTER COUNTY CLERK 11/17/2023 11:16 AM INDEX NO. 50684/2023
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/17/2023
DocuSign Envelope (D 7D24A089-61FF-4EBB-A3F9-2F62F7771EA1
1348 ROUTE 52
FISHKILL, NEW YORK 12524
R IZ AN
(845) 897-9400
(845)
PHONE
897-9490 FAX
="uª= "s auen° ==
CONSTRLICTIONCORPORATION
Putnam County Home Improvement Westchester County Home (mpmvement
Contractor's Registration # PC 2155-A Contractor License # WC-23756-H11
CF Home Improvement Reg.# NC.0672965 CT New Home Reg.#NHC-0009770
Date:0313/2023
PROPOSAL
Property Location: Lozupone -300 Woodcrest Lane, Apt 302 Mount Kisco, NY 10549
Scope: Provide all labor and materials to repair water damage for Nationwide claim #323315-GO. Any work outside
of the attached scope will be considered extra, and to be approved by the owner under a separate proposal.
****Any additional damage found during the course of repairs that is related to the claim will be
estimated as a supplemental and reviewed with the insurance carrier for re imbursement****.
ROOM/LOCATION:
" Living room:
" Repair drywall 64 sf
" Replace batt insulation 64 sf
" Replace 10 If base trim
" Detach & reset base trim in room
" Paint base trim 2 coats
" Replace snap lock laminate flooring, (pricing subject to change pendmg ltel test of sample piece)
" Vapor barrier on floor
" Seal/prime & paint walls & ceiling 2 coats
" Kitchen:
" Seal/prime & paint ceiling and wall 94 sf
Page 1 of 8
FILED: WESTCHESTER COUNTY CLERK 11/17/2023 11:16 AM INDEX NO. 50684/2023
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/17/2023
1348 ROUTE 52
FISHKILL, NEW YORK 12524
N "="uª==""nuar°ª =
(845) 897-9400
(845) 897-9490
PHONE
FAX
CONSTRUCTION CORPORATION
AIRZI
" Hallway:
" Replace soap lock laminate flooring, (pricing subject to change pending Itel test of sample piece)
" Detach & reset base trim
" Install vapor barrier on floor
" Paint base trim 2 coats
" Seal/prime & paint walls 2 coats
" Closet:
" Detach & reset base trim
" Paint base trim 2 coats
" Replace subject to change Itel test of sample
snap lock laminate flooring. (pricing pending piece)
" Install vapor barrier on floor
" Seal/prime & paint walls & ceiling 2 coats
" Front entrance:
" Paint base trim 2 coats
" Utility room:
" Drywall patch repair
Page 2 of 8
FILED: WESTCHESTER COUNTY CLERK 11/17/2023 11:16 AM INDEX NO. 50684/2023
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/17/2023
FF-4EBB-A3F9-2F62F7771EA1
DocuSign ˆnvelope ID: 7D24A089-61
1348 ROUTE 52
N
FISHKILL, NEW Y ORK 12524
PHONE
Z
897-94.
(845)
I AN (845)
897-9490 FAX
="u=>^ NsTauenoN.cO-
CONSTRUCTION CORPORATION
Total Project Price: $8898.47
Discounted Cash/Check Payment:
47/100....................................S8898.47
eight hundred - eight dollars and
Eight thousand ninety
Credit Card Payment
.............................................$9165.42
one hundred sixty five dollars and 42/100
Nine thousand
Deductible Due Upon Signed Agreement
Financing:
date scheduled (before start date)
50% due when job start
50% at Final Completion
are accepted (Nurzia Venmo ID: @PAYNCC)
Users: Payments for up to $5000.00 per project
For Venmo
"contractor" from all vendors. Selections
Clients receive NCC pricing
Builder Markup on Allowances:
amount plus 20% to builder. Example:
allowances will be billed the overage
made in excess of speci1ed
Client is responsible for an additional
allowance $10,000; actual countertop cost is $10,250.
Countertop
- $10,000 = $250, plus 20% = $50 additional to builder)
$300.00 ($10,250
Page 3 of 8
FILED: WESTCHESTER COUNTY CLERK 11/17/2023 11:16 AM INDEX NO. 50684/2023
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/17/2023
.. ..
DocuSign Envelope D: 7D24A089-61FF-4EBB-A3F9-2F62FT 1EA1
N
1348 ROUTE 52
FISHKILL, NEW YORK I2524
ZI AN
(845) 897-9400
(845) 897-9490
PHONE
FAX
CONSTRUCTION CORPORATION ="un²²^ "sraum°" =
****Substantial completion = Work complete with the exception of minor punch list items and weather-related items,
Walk through and punch-list will be conducted and executed by Project Manager and Client. Maximum retainage for
punch-list items is S 1,500.00.
Anticipated Start Date: TBD
Completion Date: Approximately 12 days (wcather permitting)
Exclusions: Plywood, Engineering, Surveying, Permit Fees, Utility fees and any work not specified
in proposal
TERMS
1. The work outlined in this proposal and its terms shall become a binding agreement between the person signing this proposal
("Customer") and Nurzia Construction Corporation. ("Contractor"), as described within this proposal. This agreement may
be cancelled for any reason, within three days of signing. Cancelation form attached.
2. The Contractor shall furnish all of the materials and pedorm all of the work shown on the Drawings and/or described in the
proposal unless otherwise noted. If discrepancy between plans and proposal, proposal shall prevail.
3- Time of Commencement and Completion
a. Commencement of this work shall be the date when all three of the following items have been met: 1. proposal is
accepted. 2. Deposit received and 3. All required permits have been issued.
b. Substantial completion of this work wd1 be when the space is habitable, or the temporary certificate of occupancy is
granted.
c. Contractor is not responsible for delays due to natural disasters; fire; pandemic; govermnent orders such as shut-downs
or shelter-in-place; act or neglect of Owner or Architect, or an employee of either, or a separate contractor employed
by the owner; changes ordered in the work; unusual delays in deliveries; weather; or any other causes beyond the
Contractor's control. In such cases, Contract Time shall be extended by Change Order for such reasonable time as the
Contractor may determine.
d. Completion of this work is when the scope of work outlined in the proposal and change orders are complete.
e. There are NO liquidated damages associated with this agreetnent.
4. Payments
a. Deposits will be due upon commencement of this agreement.
b. Progress payments of the contract price shall be paid upon substantial completion of items per proposal, unless
stipulated otherwise m this agreement. Payments are due within one week of invoice.
c. Additional work order payments are due at time of signature.
d. Additional allowance overages are due at time of signature.
e. Final payment shall be due per financing portion of this proposal.
f. Full payrnent for the job is required at substantial completion, and prior to owner occupancy and/or contents being
moved in. Substantial completion is defined as when the project is complete and usable with the exception of punch
list items. The value of the punch list items will be detennined by the Contractor and may be withheld from full
payment until cornpleted, but shall not exceed 51,500.00.
g. Late payments shall be any payment issued more than 30 days old from the invoice date. All late payments over 30
days will be considered passed due and will be charged a finance charge of 1.5% per month-
b. Proposal amount has been discounted to reflect payment by cash or check. Proposal amount will be undiscounted for
payments made by credit card.
i. The Customer is responsible for all payments due under this agreement, regardless of whether insurance coverage
applies.
5. General Provisions
Page 4 o f 8
FILED: WESTCHESTER COUNTY CLERK 11/17/2023 11:16 AM INDEX NO. 50684/2023
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/17/2023
1348 ROUTE 52
FISHKILL, NEW YORK 12524
(845) 897-9400 PHONE
I AN
(845) 897-9490 FAX
ww=== "Saua= =
CONSTRUCTION CORPORATION
his agreement can only be amended in a writing signed by both parties. Notwithstanding the foregoing, the parties
acknowledge that there may be instances where a change order may require oral authorization due to circumstances. The
parties hereby agree to promptly confirm any verbal change orders in writing.
If payment is not made when due, Contractor may suspend work on the job until such time as all payments due have been
made. Failure to make payment more than 15 days (as set forth in section 4 above) from the due date of the payment shall be
deemed a material breach of this contract.
In addition, the following general provisions apply:
a. All work shall be completed in a workman-like manner and in compliance with all building codes and other applicable
laws.
b. The Contractor shall furnish a description of the work to be done and description of the materials to be used and the
equipment to be used or installed, and the agreed consideration for the work.
c. To the extent required by law all work shall be performed by individuals duly licensed and authorized by law to
perform said work.
d. The Contractor may at its discretion engage subcontractors to perform work hereunder, provided Contractor shall fully
pay said subcontractor and in all instances remain responsible for the proper completion of this agreement
e. If the Contractor is delayed at any time in the commencement of work or during the course of work by change orders,
labor disputes, fire, unusual delay in deliveries, abnormal adverse weather conditions or any causes beyond the
Contractor's control or set forth in section 3c above, the Contractor shall not be liable, and this will justify a delay and
the contract time extended for such reasonable time.
f. All change orders shall be in writing and signed both by the Customer and Contractor, and shall be incorporated in, and
become a part of this agreement, before proceeding with said change order, unless circumstances require the change
order to be immediately addressed after verbal agreement by the Customer, in which case the change order shall later
be reduced to writing at the earliest opportunity.
g. Contractor warrants it is adequately insured for injury to its employees and others incurring loss or injury as a result of
the acts of Contractor or its employees or subcontractors.
b. Contractor agrees to remove all debris and leave the premises in broom clean condition.
i. In the event the Customer shall fail to pay any periodic or installment payment due bereunder, the Contractor may
cease work without breach pending payment or resolution of any dispute.
j. Contractor warrants all work for a period of twelve months following completion. Materials fumished by others are not
covered in this warranty unless the failure is due to a faulty installation by the contractor.
k. Contractor is an EPA Certified Lead Renovator Firm only and is not qualified to perform abatement of any bazardous
material. All hazardous material is the responsibility of the Customer.
l. Customer gives permission to Contractor to place job signs on property for the duration of the work.
m. Custorner gives permission to Contractor to post pictures without reference to name or address before, during and after
construction.
6. The following items are EXCLUDED from scope of work unless otherwise indicated on documents:
Architectural, Engineering or Survey Fees, Permit Fees, Expenses related to inadequate soil conditions, Lead paint testing or
mitigation, Asbestos testing or mitigation, Mold testing or mitigation, Radon testing or mitigation, unforeseen conditions,
rot, insect or rodent damage, Bedrock (ledge) removal, Built in shelving or cabinets, Field "Mack-ups", Paint samples,
Landscaping, Imported topsoil, watering, Hardscapes, Financing, appraisal or banking fees, Coordination or supervision of
Non-Nurzia Construction employees or vendors, Utility connection fees, modifying purchased products, HVAC duct
cleaning, Power washing, Cleaning of exterior windows, Any work or Materials that are not indicated on construction
documents or specifications.
7. he parties hereto agree that any and all disputes arising out of, in connection with, or relating to this agreement and/or the
transactions and relationships among the parties contemplated by this agreement shall be govemed by the laws of the State
of New York. The aforementioned choice of law is intended by the parties to be mandatory and not permissive in nature.
Each party hereby waives any right he/she/it may have to assert the doctrine of forum non conveniens and stipulates that the
State and Federal courts located in the State of New York shall have in personam jurisdiction and venue over each of them
for the purpose of litigating any dispute. If the dispute involves a failure of the Customer to issue payment under this
agreement, than Contractor may issue appropriate liens or address its legal remedies in local courts, as well as through
Arbitration, at its sole discretion. In addition to the amount owed and any applicable late fees, the Customer shall be liable to
Page 5 of 8
FILED: WESTCHESTER COUNTY CLERK 11/17/2023 11:16 AM INDEX NO. 50684/2023
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/17/2023
DocuSign Envelope ID: 7D24A089-61FF-4EBB-A3F9-2F62F7771EA1
N
1348 ROUTE 52
FISHKILL, NEW Y ORK 12524
Z AIN
(845) 897-9400 PHONE
(845) 897-9490 FAX
CONSTRUCTION CORPORATION w="uª= "Sau«= =
Contractor for any fees and costs it incurs, includmg without limitation, reasonable attorneys'
fees, in connection with the
enforcement of Contractor's rights under this agreement,
8. In the event that any dispute arises out of this contract, the parties agree not to post
any derogatory infortuation about the
other party on the world wide web, social media or any other internet site, or to commit
any act on or off the intemet that
would serve to damage the internet reputation of any of the parties to the agreement.
9. Contractor is not responsible for household contents. Contractor will make best effort to protect
any items (furniture,
personal belongings, etc.) during construction, however it is owners'
responsibility to move, re-locate, protect or store all
possessions and does so at owners' risk.
10. Contractor is not responsible for damaged driveway. Contractor will make best effort to protect
driveway but there is an
inherent risk from dumpsters, delivery trucks and manpower. Owner acknowledges and will not hold contractor
responsible
for any damage to driveway.
1J. Contractor to provide all materials, however, should owner or owners representative decide to provide
materials, they must
meet the following criteria:
" Owner responsible for all aspects ofordering, scheduling, and delivering.
" Owner responsible to provide documentation including speciBcations and purchase orders to Nurzia Construction Corp.
" Owner responsible for all materials being readily available prior to installation
" Owner responsible for construction delays due to delayed materials.
" Owner responsible for subsequent delays in subcontractors scheduling due to delayed materials.
" Owner responsible for all d=ged material including re-ordering.
" Owner responsible for all missing parts or components.
" Owner responsible for incorrect items.
" Owner responsible for all manufacturers' warranties.
" Owner responsible for time invested by Nurzia Constmetion and/or its subcontractors to mediate issues
regarding
material provided by homeowner (as per an additional cost change
order, rainimum fee is $75.00 per bour).
I2. Wall Finish Descriptions:
Level O For temporary construction - no taping
Level 1 Used above ceilings and other concealed areas, one coat of compound on paper tape- Fasteners not
covered,
corner beads not required. Sometimes called fire taping but does not meet all fire ratings so caution is called for when
using this level.
Level 2 Tape is applied as in Level 1 plus corners and fasteners are covered. Typical for garages and warehouses.
Level 3 The same as level 2 plus another layer of compound. This finish is suitable for heavy textured finishes after
priming.
Level 4 A standard 3 coat tape job for painted surfaces that are not to be coated with gloss, semi-gloss, or enamel or
where shinny wall covering will not be used.
Level 5 is a level 4 tape job with one thin coat of compound spread over the surface to minimize texture and even out
the surface for shinier finishes. This is the "skim coat" in the specification.
13. Unless otherwise noted, existing floors, walls and eeilings that are out of level or plumb, will NOT be addressed.
14. Quality and warranty items per National Association of Home builder's quality standards.
Page 6 of 8
FILED: WESTCHESTER COUNTY CLERK 11/17/2023 11:16 AM INDEX NO. 50684/2023
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/17/2023
DocuSign Envelope 10: 7D24A089-61FF-4EBB-A3F9-2F62F7771EA1
N
1348 ROUTE 52
FISHKILL, NEW YORK 12524
(845) 897-9400 PHONE
ZU I AN
(845) 897-9490 FAX
"="uª= "Saum¹°"· =
CONSTRUCTION CORPORATION
SaleS Tax Clause
Capital Improvement:
A capital improvement to real property is defined by the New York State Department of Taxation and
Finance in Publication 862. NCC will not charge sales tax on contracts that qualify as a Capital
Improvements. NCC will request that the owner provide a completed ST-124 Certificate of Capital
Improvement.
Taxable Services:
When NCC provides repairs, maintenance, or installation services to real property as defmed by the New
York State Department of Taxation and Finance Publication 862, these services will be taxable, and the
appropriate sales tax will be included on each invoice.
Cabinets:
NCC is a reseller of Crystal Cabinets and Fabuwood Cabinets. As a reseller, NCC is required to collect
sales tax when cabinets are sold to the end user. NCC will provide an invoice for such cabinet purchases
with the sales tax clearly stated.
d * 3/16/2023
Accepted by: moosamomes .
Client Signature Transaction Date
°""*""*
3/16/2023
Offered
Preview
FILED: WESTCHESTER COUNTY CLERK 11/17/2023 11:16 AM INDEX NO. 50684/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/17/2023 . 000534291 . NOTICE OF MECHANIC'S LIEN UNDER LIEN LAW To the Clerk of the County of W#rbrú #5-b and all others whom it may concem: PLEASE TAKE NOTICE, that Ñ Ft21A CAarhm Cone. .as iienor has and claims a lien on the real property hereinafter described as follows: ut2taÛnsdrache DP.- ar¥n (1) The and resid es of the lienor are 5 Ñf $2 TSF hitLNew York f , being a corporation composed of shareholders, whose business address is at I 3M og dia . . shh { L-L, . , New York 2 52.4, and whose principa0 place f ( business is at AAAF T wk 52. h5 Kl LL , New York /252 If a partnership, the names and addresses of the partners are The name and address of lienor's attorney if applicable is (2) The owner of the real property is Î-.)vy A 02: o n C and the in i rest of the owner, upon information and belief of the lienor, is fee simple (3) The name of the person by whom the lienor was employed is b/nda O Z I Zp0nC (4) The name of the person to whom the lienor furnished or is to fumish material or for whom the lienor performed or is to perform professional services is Z-indth 0021 000 , . (5) The name of the person with whom the contract was made is ld 02-(Apo (6) The labor performed and material furnished was (6 CC (7) The materials actually manufactured for but o elivered to the real property are (8) e p c and value of the labor performed and the material fumished is The agreed price a d value of the material actually manufactured but not delivered to the real property is S . The total agreed price and value is 5 (9) The a ount unpaid to the lienor for said labor performed and materials fumished is $ 116 ,32. RLED DCT 1 0 2023 marre.eac2os FILED: WESTCHESTER COUNTY CLERK 11/17/2023 11:16 AM INDEX NO. 50684/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/17/2023 for material manufactured but not delivered to the real The amount unpaid to the lienor actually property is $ The total amount unpaid is S 1,l 55.31 is $ | gl55.32- The total amount claimed for which this lion is filed (10) of work was performed and material furnished was (11) The µme when the first item of work was performed and material furnished was (12)1he e hen the last item (13) The roperty subject to the lien is situated in the Coun of Ô (41tMsfFA , City of 300 otsd erest . Ap1F.362. Ms.mr .5co , and known by the address Ln Block O O , Lot 2.., . Section performed and furnished for and used in the improvement of That said labor and materials were described. That 8 months (4 months if a single family dwelling) have not the real property hereinbefore or from the last i me of materials furnished, or elapsed dating from the last item of work performed, or since the final of the work, or since tha final since the completion of the contract, p furnishing o the terials for which this lien is claimed. Dated: FILED: WESTCHESTER COUNTY CLERK 11/17/2023 11:16 AM INDEX NO. 50684/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/17/2023 VERIFICATION - CORPORATION as.: be STATE OF NEW YORK, COUNTY OF E SS (Af LA being duly sworn, says that deponent is the f r5idMt of that deponent has read the foregoing notice of lien and knows the contents is true to deponent's own knowledge, except as to the matters therein stated to thereof, and that the same upon information and belief, and that as to those matters deponent believes it to be true. The be alleged d de deponent is that deponent is an ofHeer, to wit, the reason why this verification is by which is a domestic corporation, and deponent is rd5'yl oC l u r2ia on44welrD familiar with the facts and circumstances berein. deponent's information and the gro t's belief as to all matters Ýhe source of deponent's knowledge are as follo . oks and reconis the oration. therein stated upon Sworn to before me on this AO day of MARY ELLEN O'LEARY State of New York Notary Public, Registration No. 0 10L6376538 N lic Qualified la Dutchess Coun Commission Expires June 11, VERIFICATION - IND AL STATE OF NEW YORK, ss.: COUNTY OF being duly sworn, says the within notice of lien and) the lienor(s) that deponent is (one of the co-partne p onmed in " has read the said notice and knows the contents mentioned in the foregoing notice of li that deponent onent's own knowledge, except as to the matters therein stated to thereof, and that the same is tme to matters deponent believes it to be true. be alleged on information and b ·ef, and that as to those Swom to before m n this day of Notary blic FILED: WESTCHESTER COUNTY CLERK 11/17/2023 11:16 AM INDEX NO. 50684/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/17/2023 DocuSign Envelope (D 7D24A089-61FF-4EBB-A3F9-2F62F7771EA1 1348 ROUTE 52 FISHKILL, NEW YORK 12524 R IZ AN (845) 897-9400 (845) PHONE 897-9490 FAX ="uª= "s auen° == CONSTRLICTIONCORPORATION Putnam County Home Improvement Westchester County Home (mpmvement Contractor's Registration # PC 2155-A Contractor License # WC-23756-H11 CF Home Improvement Reg.# NC.0672965 CT New Home Reg.#NHC-0009770 Date:0313/2023 PROPOSAL Property Location: Lozupone -300 Woodcrest Lane, Apt 302 Mount Kisco, NY 10549 Scope: Provide all labor and materials to repair water damage for Nationwide claim #323315-GO. Any work outside of the attached scope will be considered extra, and to be approved by the owner under a separate proposal. ****Any additional damage found during the course of repairs that is related to the claim will be estimated as a supplemental and reviewed with the insurance carrier for re imbursement****. ROOM/LOCATION: " Living room: " Repair drywall 64 sf " Replace batt insulation 64 sf " Replace 10 If base trim " Detach & reset base trim in room " Paint base trim 2 coats " Replace snap lock laminate flooring, (pricing subject to change pendmg ltel test of sample piece) " Vapor barrier on floor " Seal/prime & paint walls & ceiling 2 coats " Kitchen: " Seal/prime & paint ceiling and wall 94 sf Page 1 of 8 FILED: WESTCHESTER COUNTY CLERK 11/17/2023 11:16 AM INDEX NO. 50684/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/17/2023 1348 ROUTE 52 FISHKILL, NEW YORK 12524 N "="uª==""nuar°ª = (845) 897-9400 (845) 897-9490 PHONE FAX CONSTRUCTION CORPORATION AIRZI " Hallway: " Replace soap lock laminate flooring, (pricing subject to change pending Itel test of sample piece) " Detach & reset base trim " Install vapor barrier on floor " Paint base trim 2 coats " Seal/prime & paint walls 2 coats " Closet: " Detach & reset base trim " Paint base trim 2 coats " Replace subject to change Itel test of sample snap lock laminate flooring. (pricing pending piece) " Install vapor barrier on floor " Seal/prime & paint walls & ceiling 2 coats " Front entrance: " Paint base trim 2 coats " Utility room: " Drywall patch repair Page 2 of 8 FILED: WESTCHESTER COUNTY CLERK 11/17/2023 11:16 AM INDEX NO. 50684/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/17/2023 FF-4EBB-A3F9-2F62F7771EA1 DocuSign ˆnvelope ID: 7D24A089-61 1348 ROUTE 52 N FISHKILL, NEW Y ORK 12524 PHONE Z 897-94. (845) I AN (845) 897-9490 FAX ="u=>^ NsTauenoN.cO- CONSTRUCTION CORPORATION Total Project Price: $8898.47 Discounted Cash/Check Payment: 47/100....................................S8898.47 eight hundred - eight dollars and Eight thousand ninety Credit Card Payment .............................................$9165.42 one hundred sixty five dollars and 42/100 Nine thousand Deductible Due Upon Signed Agreement Financing: date scheduled (before start date) 50% due when job start 50% at Final Completion are accepted (Nurzia Venmo ID: @PAYNCC) Users: Payments for up to $5000.00 per project For Venmo "contractor" from all vendors. Selections Clients receive NCC pricing Builder Markup on Allowances: amount plus 20% to builder. Example: allowances will be billed the overage made in excess of speci1ed Client is responsible for an additional allowance $10,000; actual countertop cost is $10,250. Countertop - $10,000 = $250, plus 20% = $50 additional to builder) $300.00 ($10,250 Page 3 of 8 FILED: WESTCHESTER COUNTY CLERK 11/17/2023 11:16 AM INDEX NO. 50684/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/17/2023 .. .. DocuSign Envelope D: 7D24A089-61FF-4EBB-A3F9-2F62FT 1EA1 N 1348 ROUTE 52 FISHKILL, NEW YORK I2524 ZI AN (845) 897-9400 (845) 897-9490 PHONE FAX CONSTRUCTION CORPORATION ="un²²^ "sraum°" = ****Substantial completion = Work complete with the exception of minor punch list items and weather-related items, Walk through and punch-list will be conducted and executed by Project Manager and Client. Maximum retainage for punch-list items is S 1,500.00. Anticipated Start Date: TBD Completion Date: Approximately 12 days (wcather permitting) Exclusions: Plywood, Engineering, Surveying, Permit Fees, Utility fees and any work not specified in proposal TERMS 1. The work outlined in this proposal and its terms shall become a binding agreement between the person signing this proposal ("Customer") and Nurzia Construction Corporation. ("Contractor"), as described within this proposal. This agreement may be cancelled for any reason, within three days of signing. Cancelation form attached. 2. The Contractor shall furnish all of the materials and pedorm all of the work shown on the Drawings and/or described in the proposal unless otherwise noted. If discrepancy between plans and proposal, proposal shall prevail. 3- Time of Commencement and Completion a. Commencement of this work shall be the date when all three of the following items have been met: 1. proposal is accepted. 2. Deposit received and 3. All required permits have been issued. b. Substantial completion of this work wd1 be when the space is habitable, or the temporary certificate of occupancy is granted. c. Contractor is not responsible for delays due to natural disasters; fire; pandemic; govermnent orders such as shut-downs or shelter-in-place; act or neglect of Owner or Architect, or an employee of either, or a separate contractor employed by the owner; changes ordered in the work; unusual delays in deliveries; weather; or any other causes beyond the Contractor's control. In such cases, Contract Time shall be extended by Change Order for such reasonable time as the Contractor may determine. d. Completion of this work is when the scope of work outlined in the proposal and change orders are complete. e. There are NO liquidated damages associated with this agreetnent. 4. Payments a. Deposits will be due upon commencement of this agreement. b. Progress payments of the contract price shall be paid upon substantial completion of items per proposal, unless stipulated otherwise m this agreement. Payments are due within one week of invoice. c. Additional work order payments are due at time of signature. d. Additional allowance overages are due at time of signature. e. Final payment shall be due per financing portion of this proposal. f. Full payrnent for the job is required at substantial completion, and prior to owner occupancy and/or contents being moved in. Substantial completion is defined as when the project is complete and usable with the exception of punch list items. The value of the punch list items will be detennined by the Contractor and may be withheld from full payment until cornpleted, but shall not exceed 51,500.00. g. Late payments shall be any payment issued more than 30 days old from the invoice date. All late payments over 30 days will be considered passed due and will be charged a finance charge of 1.5% per month- b. Proposal amount has been discounted to reflect payment by cash or check. Proposal amount will be undiscounted for payments made by credit card. i. The Customer is responsible for all payments due under this agreement, regardless of whether insurance coverage applies. 5. General Provisions Page 4 o f 8 FILED: WESTCHESTER COUNTY CLERK 11/17/2023 11:16 AM INDEX NO. 50684/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/17/2023 1348 ROUTE 52 FISHKILL, NEW YORK 12524 (845) 897-9400 PHONE I AN (845) 897-9490 FAX ww=== "Saua= = CONSTRUCTION CORPORATION his agreement can only be amended in a writing signed by both parties. Notwithstanding the foregoing, the parties acknowledge that there may be instances where a change order may require oral authorization due to circumstances. The parties hereby agree to promptly confirm any verbal change orders in writing. If payment is not made when due, Contractor may suspend work on the job until such time as all payments due have been made. Failure to make payment more than 15 days (as set forth in section 4 above) from the due date of the payment shall be deemed a material breach of this contract. In addition, the following general provisions apply: a. All work shall be completed in a workman-like manner and in compliance with all building codes and other applicable laws. b. The Contractor shall furnish a description of the work to be done and description of the materials to be used and the equipment to be used or installed, and the agreed consideration for the work. c. To the extent required by law all work shall be performed by individuals duly licensed and authorized by law to perform said work. d. The Contractor may at its discretion engage subcontractors to perform work hereunder, provided Contractor shall fully pay said subcontractor and in all instances remain responsible for the proper completion of this agreement e. If the Contractor is delayed at any time in the commencement of work or during the course of work by change orders, labor disputes, fire, unusual delay in deliveries, abnormal adverse weather conditions or any causes beyond the Contractor's control or set forth in section 3c above, the Contractor shall not be liable, and this will justify a delay and the contract time extended for such reasonable time. f. All change orders shall be in writing and signed both by the Customer and Contractor, and shall be incorporated in, and become a part of this agreement, before proceeding with said change order, unless circumstances require the change order to be immediately addressed after verbal agreement by the Customer, in which case the change order shall later be reduced to writing at the earliest opportunity. g. Contractor warrants it is adequately insured for injury to its employees and others incurring loss or injury as a result of the acts of Contractor or its employees or subcontractors. b. Contractor agrees to remove all debris and leave the premises in broom clean condition. i. In the event the Customer shall fail to pay any periodic or installment payment due bereunder, the Contractor may cease work without breach pending payment or resolution of any dispute. j. Contractor warrants all work for a period of twelve months following completion. Materials fumished by others are not covered in this warranty unless the failure is due to a faulty installation by the contractor. k. Contractor is an EPA Certified Lead Renovator Firm only and is not qualified to perform abatement of any bazardous material. All hazardous material is the responsibility of the Customer. l. Customer gives permission to Contractor to place job signs on property for the duration of the work. m. Custorner gives permission to Contractor to post pictures without reference to name or address before, during and after construction. 6. The following items are EXCLUDED from scope of work unless otherwise indicated on documents: Architectural, Engineering or Survey Fees, Permit Fees, Expenses related to inadequate soil conditions, Lead paint testing or mitigation, Asbestos testing or mitigation, Mold testing or mitigation, Radon testing or mitigation, unforeseen conditions, rot, insect or rodent damage, Bedrock (ledge) removal, Built in shelving or cabinets, Field "Mack-ups", Paint samples, Landscaping, Imported topsoil, watering, Hardscapes, Financing, appraisal or banking fees, Coordination or supervision of Non-Nurzia Construction employees or vendors, Utility connection fees, modifying purchased products, HVAC duct cleaning, Power washing, Cleaning of exterior windows, Any work or Materials that are not indicated on construction documents or specifications. 7. he parties hereto agree that any and all disputes arising out of, in connection with, or relating to this agreement and/or the transactions and relationships among the parties contemplated by this agreement shall be govemed by the laws of the State of New York. The aforementioned choice of law is intended by the parties to be mandatory and not permissive in nature. Each party hereby waives any right he/she/it may have to assert the doctrine of forum non conveniens and stipulates that the State and Federal courts located in the State of New York shall have in personam jurisdiction and venue over each of them for the purpose of litigating any dispute. If the dispute involves a failure of the Customer to issue payment under this agreement, than Contractor may issue appropriate liens or address its legal remedies in local courts, as well as through Arbitration, at its sole discretion. In addition to the amount owed and any applicable late fees, the Customer shall be liable to Page 5 of 8 FILED: WESTCHESTER COUNTY CLERK 11/17/2023 11:16 AM INDEX NO. 50684/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/17/2023 DocuSign Envelope ID: 7D24A089-61FF-4EBB-A3F9-2F62F7771EA1 N 1348 ROUTE 52 FISHKILL, NEW Y ORK 12524 Z AIN (845) 897-9400 PHONE (845) 897-9490 FAX CONSTRUCTION CORPORATION w="uª= "Sau«= = Contractor for any fees and costs it incurs, includmg without limitation, reasonable attorneys' fees, in connection with the enforcement of Contractor's rights under this agreement, 8. In the event that any dispute arises out of this contract, the parties agree not to post any derogatory infortuation about the other party on the world wide web, social media or any other internet site, or to commit any act on or off the intemet that would serve to damage the internet reputation of any of the parties to the agreement. 9. Contractor is not responsible for household contents. Contractor will make best effort to protect any items (furniture, personal belongings, etc.) during construction, however it is owners' responsibility to move, re-locate, protect or store all possessions and does so at owners' risk. 10. Contractor is not responsible for damaged driveway. Contractor will make best effort to protect driveway but there is an inherent risk from dumpsters, delivery trucks and manpower. Owner acknowledges and will not hold contractor responsible for any damage to driveway. 1J. Contractor to provide all materials, however, should owner or owners representative decide to provide materials, they must meet the following criteria: " Owner responsible for all aspects ofordering, scheduling, and delivering. " Owner responsible to provide documentation including speciBcations and purchase orders to Nurzia Construction Corp. " Owner responsible for all materials being readily available prior to installation " Owner responsible for construction delays due to delayed materials. " Owner responsible for subsequent delays in subcontractors scheduling due to delayed materials. " Owner responsible for all d=ged material including re-ordering. " Owner responsible for all missing parts or components. " Owner responsible for incorrect items. " Owner responsible for all manufacturers' warranties. " Owner responsible for time invested by Nurzia Constmetion and/or its subcontractors to mediate issues regarding material provided by homeowner (as per an additional cost change order, rainimum fee is $75.00 per bour). I2. Wall Finish Descriptions: Level O For temporary construction - no taping Level 1 Used above ceilings and other concealed areas, one coat of compound on paper tape- Fasteners not covered, corner beads not required. Sometimes called fire taping but does not meet all fire ratings so caution is called for when using this level. Level 2 Tape is applied as in Level 1 plus corners and fasteners are covered. Typical for garages and warehouses. Level 3 The same as level 2 plus another layer of compound. This finish is suitable for heavy textured finishes after priming. Level 4 A standard 3 coat tape job for painted surfaces that are not to be coated with gloss, semi-gloss, or enamel or where shinny wall covering will not be used. Level 5 is a level 4 tape job with one thin coat of compound spread over the surface to minimize texture and even out the surface for shinier finishes. This is the "skim coat" in the specification. 13. Unless otherwise noted, existing floors, walls and eeilings that are out of level or plumb, will NOT be addressed. 14. Quality and warranty items per National Association of Home builder's quality standards. Page 6 of 8 FILED: WESTCHESTER COUNTY CLERK 11/17/2023 11:16 AM INDEX NO. 50684/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/17/2023 DocuSign Envelope 10: 7D24A089-61FF-4EBB-A3F9-2F62F7771EA1 N 1348 ROUTE 52 FISHKILL, NEW YORK 12524 (845) 897-9400 PHONE ZU I AN (845) 897-9490 FAX "="uª= "Saum¹°"· = CONSTRUCTION CORPORATION SaleS Tax Clause Capital Improvement: A capital improvement to real property is defined by the New York State Department of Taxation and Finance in Publication 862. NCC will not charge sales tax on contracts that qualify as a Capital Improvements. NCC will request that the owner provide a completed ST-124 Certificate of Capital Improvement. Taxable Services: When NCC provides repairs, maintenance, or installation services to real property as defmed by the New York State Department of Taxation and Finance Publication 862, these services will be taxable, and the appropriate sales tax will be included on each invoice. Cabinets: NCC is a reseller of Crystal Cabinets and Fabuwood Cabinets. As a reseller, NCC is required to collect sales tax when cabinets are sold to the end user. NCC will provide an invoice for such cabinet purchases with the sales tax clearly stated. d * 3/16/2023 Accepted by: moosamomes . Client Signature Transaction Date °""*""* 3/16/2023 Offered