On May 11, 2021 a
Exhibit,Appendix
was filed
involving a dispute between
Executive Risk Indemnity Inc Aso Jeremy Glick And Rebecca Glick,
and
Chefalo Carpentry & Construction Llc,
Stephan Conklin,
for Torts - Other (Property Damage)
in the District Court of Putnam County.
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FILED: PUTNAM COUNTY CLERK 03/30/2022 01:22 PM INDEX NO. 500661/2021
a a
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 03/30/2022
CONSTRUCTION CONTRACT
This Construction Contract (the "Contract") is made as of this_23rd day of January 2020, by and
between Hearthstone Property Maintenance Inc. who desires to provide Construction
services to Rebecca & Jeremy Glick and Rebecca & Jeremy Glick desires to obtain such
services from Hearthstone Property Maintenance Inc.
WITNESSETH:
In consideration for the mutual promises set forth below, the parties agree as follows:
1) Scope of Work
Hearthstone Property Maintenance inc will provide allmaterials included in pricing, services, and
labor for the construction of Home Renovations from Drawings All pricing based on drawing by ben
fuqua architect named -property-1 1 forest philipstown Ny. owners - rebecca & glick,
lane, jeremy
For repairs listed as construction document guest house allpages and elevations. For
new construction home all pricing based on drawing listedas construction document -guest
house plans and elevations A-101.00. Also pricing provided in Invoice #1029
from Hearthstone Property maintenance Inc. pricing includes all labor, allmaterials unless other than
items listed in estimate provided as not included. Also original and most updated
drawing items listed as (owner supplied items) not included.
This includes necessary labor and site security, building and construction materials, and all required
tools and machinery needed for completion of construction.
2) Contract Price
The owner shall pay Hearthstone Property Maintenance Inc the sum of 656,565.88 dollars ($ ) for
the material and labor to be performed under the Contract, subject to any additions and/or
deductions made pursuant to authorized change orders.
3) Completion Time
The parties agree that time is ofthe essence, and therefore the work to be performed under
00 472
FILED: PUTNAM COUNTY CLERK 03/30/2022 01:22 PM INDEX NO. 500661/2021
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 03/30/2022
CONSTRUCTION CONTRACT
This Construction Contract (the "Contract") ismade as of this _23rd day of January 2020, by and
between Hearthstone Property Maintenance Inc. who desires to provide Construction
services to Rebecca & Jeremy Glick and Rebecca & Jeremy Glick desires to obtain such
services from Hearthstone Property Maintenance Inc.
WITNESSETH:
In consideration for the mutual promises set forthbelow, the parties agree as follows:
1) Scope of Work
Hearthstone Property Maintenance Inc will provide all materials included in pricing, services, and
labor for the construction of Home Renovations from Drawings All pricing based on drawing by ben
fuqua a chitect named -property-1 1 forest philipstown Ny. owners - rebecca &
lane, jeremy glick,
For repairs listed as construction document guest house allpages and elevations. For
new construction home all pricing based on drawing listedas construction document -guest
house plans and elevations A-101.00. Also pricing provided in Invoice #1029
from Hearthstone Property maintenance Inc. pricing includes all labor, allmaterials unless other than
items listed in estimate provided as not included. Also original and most updated
drawing items listed as (owner supplied items) not included.
This includes necessary labor and sitesecurity, building and construction materials, and all required
tools and machinery needed for completion of construction.
2) Contract Price
The owner shall pay Hearthstone Property Maintenance Inc the sum of 656,565.88 dollars ($ ) for
the material and labor to be performed under the Contract, subject to any additions and/or
deductions made pursuant to authorized change orders.
3) Completion Time
The parties agree thattime isof the essence, and therefore the work to be performed under
00b473
FILED: PUTNAM COUNTY CLERK 03/30/2022 01:22 PM INDEX NO. 500661/2021
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 03/30/2022
this Contract shall be commenced on or before the 5th day of february, 2020 , and shall
be substantially completed on or before the 31st day of august , 2020.
Payments of the Contract price shall be paid in the following manner:
Payments- 1/3 payment due at second 1/6 payment due at 25% complete, third ¼
4) start,
payment due at 50% complete, 1/8 payment due at 75% complete, fall balance due upon
completion day. Every 30 days late a 10% fee applies for an A.P.R. of 120%.
a
If Rebecca & Jeremy Glick fails to pay for the services when due,
Hearthstone Property Maintenance Inc has the option to treat such failure to pay as a material breach
of this Contract, and may seek legal remedies and/or cancel this Contract.
5) Cotopliance
Hearthstone Property Maintenance Inc shall provide the Services in a workmanlike manner, and
in compliance with all applicable federal, state and local laws and regulations, including, but not
limited to all provisions of the Americans with Disabilities Act, the Fair Labor Standards Act, and
the Federal Family and Medical Leave Act.
6) Insurance
Hearthstone Property Maintenance Inc warrants itis adequately insured for
injury to its employees and any others incurring loss or injury as a result of the acts of Contractor or
itsemployees and subcontractors.
7) Subcontractors
Hearthstone Property Maintenance Inc may engage subcontractors to perform work at
itsdiscretion hereunder, provided Hearthstone Property Maintenance Inc shall fully pay said
subcontractor and in all instances remain responsible for the proper completion of this Contract.
.
000474
2
FILED: PUTNAM COUNTY CLERK 03/30/2022 01:22 PM INDEX NO. 500661/2021
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 03/30/2022
8) Modifications
All changes to Services shall be in writing and signed by both Rebecca or Jeremy Glick and
Heartlistone Property Maintenance Inc. Any additional work or modifications can and will add
to length of project and extend the finishdate.
9) Arbitration
All disputes hereunder shall be resolved by binding arbitrationin accordance with the rules of
the American Arbitration Association.
10) Integration
This Contract contains the entireContract of the parties,and there are no other promises or
conditions in any other contract whether oralor written concerning the subject matter of
this Contract. Any amendments must be in writing and signed by each party. This Contract
supersedes any prior written or oral agreements between the parties.
Signed this 23rd day ofjanuary, 2020.
Construction Company Signature Print
Owner Signature Print
000 5
Document Filed Date
March 30, 2022
Case Filing Date
May 11, 2021
Category
Torts - Other (Property Damage)
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FILED: PUTNAM COUNTY CLERK 03/30/2022 01:22 PM INDEX NO. 500661/2021 a a NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 03/30/2022 CONSTRUCTION CONTRACT This Construction Contract (the "Contract") is made as of this_23rd day of January 2020, by and between Hearthstone Property Maintenance Inc. who desires to provide Construction services to Rebecca & Jeremy Glick and Rebecca & Jeremy Glick desires to obtain such services from Hearthstone Property Maintenance Inc. WITNESSETH: In consideration for the mutual promises set forth below, the parties agree as follows: 1) Scope of Work Hearthstone Property Maintenance inc will provide allmaterials included in pricing, services, and labor for the construction of Home Renovations from Drawings All pricing based on drawing by ben fuqua architect named -property-1 1 forest philipstown Ny. owners - rebecca & glick, lane, jeremy For repairs listed as construction document guest house allpages and elevations. For new construction home all pricing based on drawing listedas construction document -guest house plans and elevations A-101.00. Also pricing provided in Invoice #1029 from Hearthstone Property maintenance Inc. pricing includes all labor, allmaterials unless other than items listed in estimate provided as not included. Also original and most updated drawing items listed as (owner supplied items) not included. This includes necessary labor and site security, building and construction materials, and all required tools and machinery needed for completion of construction. 2) Contract Price The owner shall pay Hearthstone Property Maintenance Inc the sum of 656,565.88 dollars ($ ) for the material and labor to be performed under the Contract, subject to any additions and/or deductions made pursuant to authorized change orders. 3) Completion Time The parties agree that time is ofthe essence, and therefore the work to be performed under 00 472 FILED: PUTNAM COUNTY CLERK 03/30/2022 01:22 PM INDEX NO. 500661/2021 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 03/30/2022 CONSTRUCTION CONTRACT This Construction Contract (the "Contract") ismade as of this _23rd day of January 2020, by and between Hearthstone Property Maintenance Inc. who desires to provide Construction services to Rebecca & Jeremy Glick and Rebecca & Jeremy Glick desires to obtain such services from Hearthstone Property Maintenance Inc. WITNESSETH: In consideration for the mutual promises set forthbelow, the parties agree as follows: 1) Scope of Work Hearthstone Property Maintenance Inc will provide all materials included in pricing, services, and labor for the construction of Home Renovations from Drawings All pricing based on drawing by ben fuqua a chitect named -property-1 1 forest philipstown Ny. owners - rebecca & lane, jeremy glick, For repairs listed as construction document guest house allpages and elevations. For new construction home all pricing based on drawing listedas construction document -guest house plans and elevations A-101.00. Also pricing provided in Invoice #1029 from Hearthstone Property maintenance Inc. pricing includes all labor, allmaterials unless other than items listed in estimate provided as not included. Also original and most updated drawing items listed as (owner supplied items) not included. This includes necessary labor and sitesecurity, building and construction materials, and all required tools and machinery needed for completion of construction. 2) Contract Price The owner shall pay Hearthstone Property Maintenance Inc the sum of 656,565.88 dollars ($ ) for the material and labor to be performed under the Contract, subject to any additions and/or deductions made pursuant to authorized change orders. 3) Completion Time The parties agree thattime isof the essence, and therefore the work to be performed under 00b473 FILED: PUTNAM COUNTY CLERK 03/30/2022 01:22 PM INDEX NO. 500661/2021 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 03/30/2022 this Contract shall be commenced on or before the 5th day of february, 2020 , and shall be substantially completed on or before the 31st day of august , 2020. Payments of the Contract price shall be paid in the following manner: Payments- 1/3 payment due at second 1/6 payment due at 25% complete, third ¼ 4) start, payment due at 50% complete, 1/8 payment due at 75% complete, fall balance due upon completion day. Every 30 days late a 10% fee applies for an A.P.R. of 120%. a If Rebecca & Jeremy Glick fails to pay for the services when due, Hearthstone Property Maintenance Inc has the option to treat such failure to pay as a material breach of this Contract, and may seek legal remedies and/or cancel this Contract. 5) Cotopliance Hearthstone Property Maintenance Inc shall provide the Services in a workmanlike manner, and in compliance with all applicable federal, state and local laws and regulations, including, but not limited to all provisions of the Americans with Disabilities Act, the Fair Labor Standards Act, and the Federal Family and Medical Leave Act. 6) Insurance Hearthstone Property Maintenance Inc warrants itis adequately insured for injury to its employees and any others incurring loss or injury as a result of the acts of Contractor or itsemployees and subcontractors. 7) Subcontractors Hearthstone Property Maintenance Inc may engage subcontractors to perform work at itsdiscretion hereunder, provided Hearthstone Property Maintenance Inc shall fully pay said subcontractor and in all instances remain responsible for the proper completion of this Contract. . 000474 2 FILED: PUTNAM COUNTY CLERK 03/30/2022 01:22 PM INDEX NO. 500661/2021 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 03/30/2022 8) Modifications All changes to Services shall be in writing and signed by both Rebecca or Jeremy Glick and Heartlistone Property Maintenance Inc. Any additional work or modifications can and will add to length of project and extend the finishdate. 9) Arbitration All disputes hereunder shall be resolved by binding arbitrationin accordance with the rules of the American Arbitration Association. 10) Integration This Contract contains the entireContract of the parties,and there are no other promises or conditions in any other contract whether oralor written concerning the subject matter of this Contract. Any amendments must be in writing and signed by each party. This Contract supersedes any prior written or oral agreements between the parties. Signed this 23rd day ofjanuary, 2020. Construction Company Signature Print Owner Signature Print 000 5