arrow left
arrow right
  • Amy Brown-Burgio v. Gsl Landscaping & Nursery, LlcCommercial - Other (Breach of Warranty) document preview
  • Amy Brown-Burgio v. Gsl Landscaping & Nursery, LlcCommercial - Other (Breach of Warranty) document preview
  • Amy Brown-Burgio v. Gsl Landscaping & Nursery, LlcCommercial - Other (Breach of Warranty) document preview
  • Amy Brown-Burgio v. Gsl Landscaping & Nursery, LlcCommercial - Other (Breach of Warranty) document preview
  • Amy Brown-Burgio v. Gsl Landscaping & Nursery, LlcCommercial - Other (Breach of Warranty) document preview
  • Amy Brown-Burgio v. Gsl Landscaping & Nursery, LlcCommercial - Other (Breach of Warranty) document preview
  • Amy Brown-Burgio v. Gsl Landscaping & Nursery, LlcCommercial - Other (Breach of Warranty) document preview
  • Amy Brown-Burgio v. Gsl Landscaping & Nursery, LlcCommercial - Other (Breach of Warranty) document preview
						
                                

Preview

FILED: ALBANY COUNTY CLERK 10/17/2022 01:18 PM INDEX NO. 907916-22 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/17/2022 EXHIBIT A FILED: ALBANY COUNTY CLERK 10/17/2022 01:18 PM INDEX NO. 907916-22 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/17/2022 numnu r usut Let 134 Depot Road ....Duancsbuqt.NY 12056 ($18) 506-1943 (518) 615-1943 info!gsilandscapinglic.com www.gsilandscapingile.com June 14, 2012 Rob and Amy Burpo 400 Gabriel 1.anc AP.anNnt, NY 12009 -- Ikar Rob arxiAmy. The IMlowing ius contractlorthe landscaping project thatyou requested and is inaccordance with the plai thatGSL 1.ardscaping & Nursery LLC discort The work will be perfonned in a ocofessiord manner and contpletelyoverseen by one of GSL Landscaping & Nursery's mpervisors. as well as rnyself,Matthew Baker. Eds contractis broken down intojob descriptimus tobetter helpyou understand thework tobe rer founed.The pricing forthispmject includesthe followüsp allhardmaterials, allplant inaterm:s,alllahir,alldeliveries and disposal charges.There is alsoa Iyear warranty on phats and a 15 y earwarranty on allstone work. Ifyou hwe questions about the or the job,please feelfreeto callme a1(518)506- . any pricing 1943. I kok forward to socing thisprojectcome together. Sincerely ymn FILED: ALBANY COUNTY CLERK 10/17/2022 01:18 PM INDEX NO. 907916-22 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/17/2022 Job Description: Stairs (2 Sets) Total: $í,800.00 Job Style: Natural Field Stone Riser Tread: Bluestone Cap Pattern: Randem To Upper Patio Stairs: 4' 4 Steps @ Wide From Patio to 20' Ex.isting Pool Patio: I Step @ Wide 1. Clear area of existing debris. 2. Layout area as to plan and verify with homeowner, 3. Excava:c arra to sufficient depth setting aside any topsoil for laterusc. 4. Water and compact exposed canh for maximum compaction. 10" 5. Lay of crusher nm. 6. Compact allcrusher run. 1" 7. l ay ofstone dust for base to be set in. 8. Installnatural stone step risers and bluestone treads. Job Description: Pillars (2) Job Totsk Style: Natural Field Stone Cap: Bluestone Pattern: Random 1. Clear area of existing debris 2. Layout area as toplan and verify with homeowner. 3. Excavate area to sufficiem depth setting aside any topsoil for lateruse. 4. Water and mechanically compact exposed carth for maximum compaction. 10" 5. of crusher run over wall areas. Lay 6. Compact allcrusher run and maintain 2% slope, . . 1" be setin. 7. Lay of stone dust for pillarsto 8. installpillarsusing natural field stone. 9. with bluestone. . Cap Lighting.System Job Totah $7,100.00 Job Description: Unique Landscaping 11 10 19 2 spools of 1, 1180 watt transformer emp, path, well, wire, 1. Setinnsformer box. . 2. Run wire to fixtures. . 3. Set alllighting fixtures. 4. Make all electricalconnections and tum on system. FILED: ALBANY COUNTY CLERK 10/17/2022 01:18 PM INDEX NO. 907916-22 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/17/2022 Job Description: Peel Patie and Spa Patio Job 519.350.00 Total: Sch Cambridge Ledgestone Remmissance 18" Pattern/Sfre: X I S"Randomly Placed Patters: B' 18" IS" Random, Insert Wide Sections of X from Steps to Pool (asshown inCambridge Color- brochure) Toffec/0nyx 1. Clearareaof debris. existing 2. layout area as toplanand with homeowner. verify 3. Excavate arca to sufEcientdeptit aside setting any topsoilkirlateruse. 4. Water and mechanically compact exposed carth 10" fbrrnaximurn coinpaction. 5 lay ofcrusher run over entirearea. 6 Cornpoc1all crusher runand rnnintain 2% slope. " 7. Iay J ofstone dost forstor4 tobe set in. S. hutallpano. 9. Swa:p in sand-lock tosecure sone placement. Job Description: Nazarsl Stone Retaining Wall with Waterfalls Job Total:5t1,5411+40 Style: Narnral FieldStone Cap: NatornI FieldSieme Patters: Random 1. CIcararea of existingdebris. 2. layout area as toplanand verifywith horneowner. 4" 16" 7. Construct X bhxk wall as wallframmg. 4. Install retainingwall using na:uralstone (tofollow pool edge). 5.kwtall waterfallplunibing. 6.Installwaterproof membrtine. 7. Install 3 waterfallsto into fall pool and anake allconnections. 4" 3. Lay blackdrain pipe behimi wall and backtillwith if2stone. 9. Cap wall with rtaturalfic:dstonecap. Job Description:Spill Over Spa Joh Totah AA6|MO Style- Stone Natural Field Cap:Bluestone Psitern: Ramdem 1. Clear area of debris. cxisting 2. Form walls with concreteblock around spa. 3. Construct naturalstone facing from pool deck to topof s;x 4.Cap vitbbluestone stone. FILED: ALBANY COUNTY CLERK 10/17/2022 01:18 PM INDEX NO. 907916-22 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/17/2022 Job Decsiptient and Planting with Makhing Boulders and SteppingStoMs 1.Clear area Job Tolsh St 6 fe.00 of debris. existing 2, Layout plant beds as to plan arid with verify horacowner- 3. Prepare plant beds whh soit and create berms. 4. Layout plant material and plant in accordance with tocol horticuitme gractices. 5. install boulders and stepping stones, 6dnstall fine ground dmic mukh into plant beds. Job Description: Fence J ob Totak 57,332.80 Stylb Black Ornamental Size: 216 Im, fr. gates-4' Gates: 3 1. install black omamental fence with three gates mound pool to plan ard as per code. according Job Descripties: Druinage System J ab Totah 5U00.45 1. Clear area of debris. existing 2.. Excavate soil for proper drainage. 3. Install pipe and pipe connectors to achiew proper dminage, 4. Install catch basins. 5. Backfill pipe with #2 round stone. 6. Gmde area and fine rake. Job Description: Grading and Ilydroseeding Job Totah $2,400.89 l. Spread topsoil and grade. 2. Fine rake topsoil 3. Hydrosced area. Cleaning: Upon the above work GSL will clean our debris and remove ithom the cornpleting fully property. I agree to the wod described above and allow GSL Landscaping & Nwsery By signing below, LLC to perfoun the above work. Signmure: b J ff f Date:_Ó 2. ..D Signature __ Drie: FILED: ALBANY COUNTY CLERK 10/17/2022 01:18 PM INDEX NO. 907916-22 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/17/2022 Burgio Plant List Common Name Varie Size Switch Grass 9 1 al. 3 Rose Double Knockout 3 gal. pink 57 Day Lil 1 gal. red/pink/yellow 10 S irea Neon Flash 3 gal. pink 2 Arborvitea 6' Dark American 3 PJM Rhododendron purple 5 gal. 5 Spider Wort 2 al. le p 3 Barberry Crimson 3 gal. crimson Pigmy 10 Cree ing Grass Blue Fescue 31 peach/purple 1 Summer Sweet 5 gal. white 3 St. John's Wort 3 gal. yellow 3 Juniper 3 gal. 5-6' 7 Arborvitea Techy 6 Viburnum Double File 5 gal. white 5 Inkberry 5 gal. white uanti Common Name I7 5 gal. white Inkberry 3 Ornamental Grass Fountain 3 gal. FILED: ALBANY COUNTY CLERK 10/17/2022 01:18 PM INDEX NO. 907916-22 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/17/2022 Burgio Plant List 6 Barberry Rose Glow 3 gal. crimson 5 Boxwood ------------- -.------.--- 3 Weigelia Wine and Rose 5 gal. _ 3 Shasta Daisy 2 gal. white 2 widte 5 gal. blue and 3 Red Dogwood 5 gal. Twig Varigated 1 6' Rose of Sharon 1 5' Juniper Rocket Sky FILED: ALBANY COUNTY CLERK 10/17/2022 01:18 PM INDEX NO. 907916-22 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/17/2022 TERMS AND CONDITIONS TERMS: Unless otherwise arranged, a deposit of 50% of the project total is due when the signed contract is received by GSL and final payment will Landscaping & Nursery, LLC be due upon completion of the project in its entirety. In a multi-phase project, after a 50% deposit, 1/4 of the final payment will be due upon the completion of the hardscape and the remaining balance will be due upon completion of the project in its entirety. CONDITIONS UnforeseeableCircumstances impact the completion of the project as The owner agrees that in the instance that unforeseeable circumstances arise that significantly planned, GSL Landscaping & Nursery, LLC originally and the property owner will work towards a resolution, which might include a change in design and or plan, and/or a decreaseor increase in pricing. Changes Changes in measurements, design, or landscaping features will not be allowed except at prices mutually agreed upon verbally or in writing, at the time those changes are made. General Allagreements are contingent upon the absence of strikes, lockouts, riots, fires, accidents, illness, acts of God, floods, war, insurrection, embargo restrictions, carrier delays, weather delays, or failure to receive raw materials deliveries, or by other causes, whether of the like or different nature beyond our control. The owner agreesthat the work to be done by GSL Landscaping & Nursery, LLC willbe done on lands of the owner or on lands that the owner has legal right to contract with GSL Landscaping & Nursery, LLC for such work to be performed. The owner further agreesto defend, hold harmless and indemnify GSL Landscaping & Nursery, LLC for any and all claims or damages of whatever kind arising from the location of the work to be performed. Owner agreesto indemnify & hold harmless GSL Landscaping & Nursery, LLC against any & all claims relating to damage of private utilities (electrical lines, gas lines, plumbing lines, sprinkler lines, drainage lines, etc...). Ifa private utility line is encountered during landscape installation, GSL Landscaping & Nursery, LLC will immediately owner. notify Repairs to damaged private utility lines are the responsibility of owner, unless otherwise arranged. Allmaterials, supplies and products, including work completed and installed, remain the property of GSL Landscaping & Nursery, LLCuntil full payment of this contract is made to GSL Landscaping & Nursery, LLC. Prices quoted herein are subject to change without notice until such time as both parties accept the proposal. WARRANTY GSL Landscaping & Nursery, LLC guarantees that if a defect arises in a hardscape feature due to faulty workmanship or minor settling or shifting, within GSL Landscaping & Nursery, LLC fifteen years of its installation, will repair the area at no additional charge. A hardscape feature that needsto be repaired due to significant of the earth or land, damage to a hardscape settling/shifting area caused by another person, object, and/or structure malfunction, willbe the responsibility of the owner. Paver/stone sealants and/ or paver/stone washing and its effects are not covered under warranty. Hardscapes features where natural stone is used is subject to the same warranty as described above; however, natural stone is natural to the earth and therefore, weathers naturally. Weathering of natural stone, including and/or fading or color change, and or staining of stone pieces will natural cracking, slivering/peeling not be covered under warranty. of the owner to notify In addition, it is the responsibility GSL Landscaping & Nursery, LLC of the area in need of repair when noticed, before significant damages occur. This warranty excludes coverage for a dislike in color or paver/stone once installed. guaranteesthat if a defect arises in plant material or its surrounding area, due to faulty GSL Landscaping & Nursery, LLC workmanship,incorrect planting, or a design flaw, within 1 year of its installation, GSL Landscaping & Nursery, LLC willrepair the area or replace the plant at no additional charge. Planting areas or plant material that needs to be repaired or replaced due drainage problems, lack of sufficient water, too much water, damage to a plant or planting area caused by another person, object, structure or overuse of an area, will malfunction, be the responsibility of the owner. In addition, it is the responsibility of the owner to notify of the area in need of repair when noticed before significant GSL Landscaping & Nursery, LLC damage occurs. This warranty excludes coverage for a dislike in color of plant material once installed or plant material that is transplanted. except in writing, This agreement may not be modified, and any mutually agreed modifications shall become a part of the contract and subject to all of the terms and conditions. This agreement shall be constructed under the laws of the State of New York, and the owner and GSL Landscaping, LLC agree that any legal action which shall arise from the work performed under this contract shall be bmught in a court of competent in the State of New York regardless of the work or the domicile jurisdiction or residence of the Owner. FILED: ALBANY COUNTY CLERK 10/17/2022 01:18 PM INDEX NO. 907916-22 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/17/2022 BUYER'S RIGHT to CANCEL You may cancel this transaction, without within any penalty or obligation,three business days from the contract date. If you cancel, you must make available to the seller, at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale. If you do not make the goods available to the seller, or if you agree to return the goods to remain liable for performance of all obligations under this contract. To cancel this transaction, the seller and fail to do so, you will mail or deliver a signed, written notice or telegram of cancellation to GSL Landscaping, LLC, at the address on this contract. FILED: ALBANY COUNTY CLERK 10/17/2022 01:18 PM INDEX NO. 907916-22 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/17/2022 GSL Landscaping &Nursery,LLC P.0 Box 604 Duanesburg, NY 12056 (518) 506-1943 Fax: (518) 615-1943 info@gsilandscapingllc.com www.gsilandscapingllc.com November 15, 2013 Rob and Amy Burgio 400 Gabriel Lane Altamont, NY 12009 Dear Rob and Amy, The following is a contract for the landscaping project that you requested and is inaccordance with the plan that GSL Landscaping & Nursery LLC discussed. The work will be performed in a professional manner and completely overseen by one of GSL Landscaping & Nursery's supervisors, as well as myself, Kevin Bradlinski. This contract is broken down into job descriptions to better help you understand the work to be performed. The pricing for this project includes the following: all hard materials, allplant materials, all labor, all deliveries and disposal charges. There is also a 1 year warranty on plants and a 15 year warranty on all stone work. If you have questions about the or the please feel free to call me at(518)577- any pricing job, 7598. I.look forward to seeing this project come together. Sincerely yours, Kevin Bradlinski FILED: ALBANY COUNTY CLERK 10/17/2022 01:18 PM INDEX NO. 907916-22 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/17/2022 Job Description: Waterfall Installation and Pond Renovation Job Total: $11,250.00 Style: Natural Stone Boulders with Multiple Drops + C 1. Clear area of existing debris. 2. Layout area as to plan and verify with homeowner. 3. Excavate area to sufficient depth setting aside any topsoil for later use. 4. Install waterfall with multiple drops, secondary stream and Biofall filtration. 5. Install boulders around perimeter of pond and perimeter of proposed marginal areas. 6. Create a wet well to house snorkel and Centepede Module, Aquablox, pump and filtration equipment as illustrated. 7. Grade and prep area surrounding waterfall area. Options/Add-ons System with 5 Fixtures Job T Cleaning: Upon completing the above work GSL will fully clean our debris and remove itfrom the property. By signing below, I agree to the work described above and allow GSL Landscaping & Nursery LLC to perform the above work. Signature: ) Date: Signature: Date: FILED: ALBANY COUNTY CLERK 10/17/2022 01:18 PM INDEX NO. 907916-22 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/17/2022 " b a - - ? a FILED: ALBANY COUNTY CLERK 10/17/2022 01:18 PM INDEX NO. 907916-22 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/17/2022 a d __ . 1 . FILED: ALBANY COUNTY CLERK 10/17/2022 01:18 PM INDEX NO. 907916-22 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/17/2022 Shadblow . " Serviceberry Meritage Birch .. Aquatic PLants For Filtration ®® Bog Waterfall Area Perernial Color MARGINAL WETLAND PLANTS I/2" 4" TO 3/ GRAVEL LAYER UP TO WATER LEVEL 1/2" 2" I TO GRAVEL LAYER (o" 4 TO THICK WATER LINE 4" To r" CENTIPEDE MODULE STONE LAYER WETLAND DETAIL (A) Aquatic Plants For Filtration Bay Inlet Overflow Remains The Same FILED: ALBANY COUNTY CLERK 10/17/2022 01:18 PM INDEX NO. 907916-22 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/17/2022 White Pine Rudbeckia a Tall Phlox Aquatic Plants For Filtration Accent Rocks . O byDyneSCAPE* Powered FILED: ALBANY COUNTY CLERK 10/17/2022 01:18 PM INDEX NO. 907916-22 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/17/2022 TERMS AND CONDITIONS TERMS: Unless otherwise arranged, a deposit of 50% of the project total is due when the signed contract is received by GSL Landscaping & Nursery, LLC of the project in its entirety. be due upon completion and final payment will In a multi-phase project, after a 50% deposit, 1/4 of of the hardscape and the remaining balance will be due upon the completion the final payment will of the project in its be due upon completion entirety. CONDITIONS UnforeseeableCircumstances The owner agreesthat in the instance that unforeseeable circumstances arise that significantly impact the completion of the project as originally planned, GSL Landscaping & Nursery, LLC and the property owner will work towards a resolution, which might include a change in design and or plan, and/or a decrease or increase in pricing. Changes not be allowed except at prices mutually Changes in measurements, design, or landscaping features will agreed upon verbally or in at the time those changes are made. writing, General Allagreements are contingent upon the absence of strikes, lockouts, riots, fires, accidents, illness, acts of God, floods, war, insurrection, embargo restrictions, carrier delays, weather delays, or failure to receive raw materials deliveries, or by other causes, whether of the like or different nature beyond our control. be done on lands of the owner or on lands that The owner agreesthat the work to be done by GSL Landscaping & Nursery, LLC will GSL Landscaping & Nursery, LLC the owner has legal right to contract with for such work to be performed. The owner further agreesto defend, GSL Landscaping & Nursery, LLC for any and all claims or damages of whatever kind arising from the location of hold harmless and indemnify the work to be performed. against any & all claims relating to damage of & hold harmless GSL Landscaping & Nursery, LLC Owner agrees to indemnify private utilities (electrical lines, gas lines, plumbing If a private utility lines, sprinkler lines, drainage lines, etc...). line is encountered during GSL Landscaping & Nursery, landscape installation, LLC willimmediately owner. notify Repairs to damaged private utility lines are the of owner, unless otherwise arranged. responsibility Allmaterials, supplies and products, including work completed and installed, remain the property of GSL Landscaping & Nursery, LLC until full Prices quoted herein are subject to change without notice payment of this contract is made to GSL Landscaping & Nursery, LLC. until such time as both parties accept the proposal. WARRANTY GSL Landscaping & Nursery, LLC guarantees that if a defect arises in a hardscape feature due to faulty workmanship or minor settling or shifting, within GSL Landscaping & Nursery, fifteen years of its installation, LLC willrepair the area at no additional charge. A hardscape feature that needs to be repaired due to significantof the earth or land, damage to a hardscape area caused by another settling/shifting willbe the responsibility person, object, and/or structure malfunction, Paver/stone sealants and/or paver/stone washing and its of the owner. Hardscapes features where natural stone is used is subject to the same warranty as described above; effects are not covered under warranty. however, natural stone is natural to the earth and therefore, weathers naturally. Weathering of natural stone, including natural cracking, and/or fading or color change, and or staining of stone pieces will slivering/peeling not be covered under warranty. it is the In addition, of the area in need of repair when noticed, before significant GSL Landscaping & Nursery, LLC of the owner to notify responsibility damages occur. in color or paver/stone once installed. This warranty excludes coverage for a dislike GSL Landscaping & Nursery, LLC guarantees that if a defect arises in plant material or its surrounding area, due to faulty workmanship, incorrect planting, or a design flaw, within 1 year of its installation, will GSL Landscaping & Nursery, LLC repair the area or replace the plant at no additional charge. Planting areas or plant material that needs to be repaired or replaced due drainage problems, lack of sufficient water, too much water, damage to a plant or planting area caused by another person, object, structure malfunction,