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RC-0011-2023 Office Use Only Vs ,i ADDITION/ALTERATION PERMIT Permit#: EC -CO\I'2O'Z �r Town ofcZ�bur, APPLICATION c� , Permit Fee:$ 2-0 742 Bay Road,Queensbury,NY 12804 P:518-761-8256 www.queensburv.net Invoice#: -D . u4)Flood Zone? Y Reviewed Bg--V Project Location: 'if LLiez v r I ?/a c e. , at e.el?Stbc.t 7 y NY l Z..?"u q Tax Map ID#: 2:1LQ•6 '\ --5(0•' - , Subdivision Name: PROJECT INFORMATION: I fiimnvji JATYPE: ® Residential ❑ Commercial, Proposed Use: / fIIIII7 ILDliVG�� CCD�,ENSPU�RY ❑ Single-Family 0 Two-Family 0 Multi-Family(#of units_) El Townhouse ❑ Business Office 0 Retail 0 Industrial/Warehouse 0 Garage (#of cars ) ❑ Other(describe ) ADDITION SQUARE FOOTAGE: ALTERATION SQUARE FOOTAGE: 1st floor: 1st floor: - 2nd floor: 2nd floor: 3rd floor: 3rd floor: Basement(habitable space): Basement (habitab e space): -7d Total sq ft: Total sq ft: .D See 47-fa c- j If Cre-n-ere,( .,JG v pe_of wo- -k 'R-0- t 7C 77-2 0'/ Co 17S k1 Cr1L Scope of work to be done: 61 t:Sla 4We co l o:k',1,�c_ . 7e nvQcf� k 1�h e.,2. ,s.h,e c 0 u,-7 tfir iG bti c iC s /4sh 5101-er1ne.P- Frim /Z 12a/�ctb uSpnr-f��iii;Q;� r-neclian ca/z' re cret -eyicc/) ;s-/sLc/g./r ot[,4T'44/(j eX/ec,v"r h4"�' / -i e p€sc %ram;naidz1-s . ie 4•,�hivaIll / tc4!,/ ,sip ' z#eiuL .. 1/ 4, /,`- cx1?4cy/siA2,�%/1 • Via_%/way �-v✓� euis��`l J y � � �= / Qnet #ovc'-Ji2yz: -To c%-rM-e-f4 I2?aowe;A,a.r'c�, -4:/e flo ov) f I . new 1,/l7/714 .1a(p/�` �'c%urr� /ism Va /;rrx;� WW1/7 /ivyh�� eXhv �trs�, -i/Gc -i-r.Wn Ma S�j'T$K t /�/��'PY"'id ire- -eX/ `i L.bc2'1h Alr6or1-z •¢'K/4teiTs �rG bnn.e74 , -fr,m,S%Utci<<v,s;r„, Cord co✓�Yt4er10f. %e2,,..,5",.f 7z) fez ..,,Irr57-4.ii 7,a"n c%7 7"Grc� /6/{!� Ve,z Ter 4�.30,e, nerti �`iovJc r- /foc hs�a/ /i fn.`�s, �%z.r►,,�i; -4�' � - ��'o ve ��-�j 1yn�fzi/������pr 5,67D&)a,Y-.Gt,ki Egli[ Gd4///�'!e/hf4'icci/!.ej,S1Jc�6J --Thor-a yr 1 404// / i/e.', .htt c✓�E�2- ,ec?n r - ;r i 'Cfx .be rCe,-,, M A,—alid f"/ie • .Js9s�i( .1-4IJr.J2.,, oaes. J 75 1 .f 1/llrJ.7y c.;C , •/r/#4/ojjr arrd Le // ivsz a�/��UJ ' r'e4rtc,,e kse /rih2 exi CGil ..2 /i1J;rz ,rOD1",.1ns7lff/� 1 ha rd ttv�Ted #-/6'c,-,41, 1 base :rn �r/6, - / hf h /y' s rear- eX>< iirreAk,oeVan pole gild fa rafe / , pi)c- r Revised June 2022 ADDITIONAL PROJECT INFORMATION: 1. Estimated Cost of Construction:$ . /OOC) - ` �NI ACC 2. Source of Heat(circle one): [$Gas ❑ Oil El Propane ❑ Solar ❑ Other: Fireplaces/inserts need a separate Fuel Burning Appliances &Chimney Application 3. Are there any structures not shown on the plot plan? ❑ YES NI NO Explain: 4. Are there any easements on the property? El YES El NO SITE INFORMATION: • Is this a corner lot? ❑ YES El NO • Will the grade be changed as a result of the construction? ❑ YES 2l NO • What is the water source? © PUBLIC 0 PRIVATE WELL • What type of wastewater system is on the parcel? N1 SEWER ❑ PRIVATE SEPTIC DECLARATION: 1. I acknowledge that no construction shall be commenced prior to the issuance of a valid permit and will be completed within a 12 month period.Any changes to the approved plans prior to/during construction will require the submittal of amended plans,additional reviews and re-approval. 2. If,for any reason,the building permit application is withdrawn,30%of the fee is retained by the-Town of Queensbury.After 1 year from the initial application date, 100%of the fee is retained. 3. If thework is not completed by the 1 year expiration date the permit may be renewed, subject to fees and department approval. 4. I certify that the application, plans and supporting materials are a true and a complete statement and/or description of the work proposed,that all work will be performed in accordance with the NYS Building Codes,local building laws and ordinances, and in conformance with local zoning regulations. 5. I acknowledge that prior to occupying the facilities proposed I, or my agents, will obtain a certificate of occupancy. 6. I also understand that I/we are required to provide an as-built survey by a licensed land surveyor of all newly constructed facilities prior to issuance of a certificate of occupancy. I have read and agree to the above:Oar /L ` PRINT NAME: / SIGNATURE Jja7a;dd '/ 01Jit-2_4e h, -<i DATE: //DA 3 Addition/Alteration Application Revised June 2022 CONTACT INFORMATION: PLEASE PRINT LEGIBLY OR TYPE, PLEASE INCLUDE AN EMAIL • Applicant:Name(s): Crory oSchp//�T/ ('c I4erin-e 5�imf Mailing Address, C/S/Z: 6 g (lt V9r ly f/ Qra ce . tepn,sbit-r y AJ. /z6501( Cell Phone: ( S/S'' ) S—v Land Line: 0-7£s' ) -793 r)/0 Email: _ry pse-jimr /tt y`1cO.cr vyr • Primary Owner(s): Na rne(s): Lri v'y 56,17 r,41 , C rtit e r'i h..e rvr l l/ Mailing Address, C/S/Z: (.t) tl?r/ F/ C'-e' J Ofr/er�eSbt K y Al V I28a'1 9"l0 Cell Phone: (5'g ) 7 -O(�S Z / Land Line: (s/S' ) 719 3 - S2//C Email: gaYyp Soh ni( (..rd . C�jvi ❑ Check if all work will be performed by property owner only • Contractor(s): (List all additional contr ctors on the back of this form) Contact Name(s): h7r/Df Cor-iS7//1'GtcT/Oki C 7147te NNecc, Contractor Trade: L" �tG�l v rrs� r 'C Mailing Address, C/S/Z: 117 --J;f1-5e V �://�ornl , ,4m5I r'cIa vie, v�I Y /2v/ Cell Phone: ( ) / Land Line: (5/s ) S)'2 -9'R Email: wfr, cv-Ap Qtr.urca.-i -7 z y, co w **Workrs' Comp documentation /must be submitted with this application**- rntoe • Architect(s)/Engineer(s): Business Name: Contact Name(s): Mailing Address, C/S/Z: Cell Phone: ( ) Land Line: ( ) Email: Contact Person for Compliance in regards to this project: :Tae-k syol -__ Cell Phone: ( ) Land Line: ( 5/ ' ) '?- Email: WWMI. 0Cr. oi-c i?5/-YY7�I.dnr7 y, Cvv►I irkk1C`.L l Addition/Alteration Application Revised June 2022 • , A i t 1". - i " I'. .1 r I• .1 .1 i 1 •i . 1. - I., • I. . 1. .1.. .-1. -41..,_,A.,-......' .......1.. i...-.[...i. __I..._.i_...1.._ 1.,-i...._.i...._.t .i i t I, ., I 1 i 1 I 4 • . , . 1 • ‘1 -•'` I 1-. 1 • .' .i. 1 •` 1 t • - •1 .1. -.L__.1.. -___,...L.-__ .-___..-.1._ 1 14 111 .111111 , I ,1 i , 1. 11: , • .-,....... .1 '• . . 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J . .f....___1........f.....,...i.__ -1,....1..._.,:::...._.,..1.._._1::.,...1.J.,.,. kl: .: 'L 1,..., 1,..._,...L1 j.-...,_::„....„,1,....c())/ERLEJ) B....Y1.._A. ,15i.M 1111 UT., E, .1 I 1.• 1 i I 1 ._i. . . . , (Patr iOt Co zst CtY n OJ- 'Upstate mew (York, Inc. 4789 Jersey Hill Road Amsterdam,New York 12010 518-882-9185 , Website: www.Patriotconstructionnv.com DATE: November 10,2022 OWNER'S NAME Gary and Cathe Schmitt 68 Waverly Place Queensbury,NY 12804 I.PARTIES This contract(hereinafter referred to as"Agreement")is made and entered into on this 10th day of November by and between, Gary and Cathe Schmitt(hereinafter referred to as"Owner"); and Patriot Construction of Upstate New York Inc., (hereinafter referred to as "Contractor"). In consideration of the mutual promises contained herein, Contractor agrees to perform the following work, subject to the terms and conditions below: II. GENERAL SCOPE OF WORK DESCRIPTION: Remodel of interior/exterior as indicated below: Kitchen= Ait) lisizer07-1 walls 1. Removal of faucet, sink, countertop and backsplash for template to be done. a. Reinstallation of sink,faucet and countertop for temporary use,while new countertop is being fabricated. b.Removal of the sink(to be saved), countertop and faucet at a time prior of new installation. 2. Furnish and installation of new countertop with existing sink. (Allowance $5,000.00 Furnished and Installed) To be chosen by homeowner. 3. Furnish and installation of new kitchen faucet (Allowance $ 300.00) To be chosen by homeowner. - 4. Furnish and installation of new backsplash(Allowance $ 242.00 tile and grout) To be chosen by til' homeowner. 5. Furnish and installation of homeowner provided vent hood,vented per code. (Labor and Material=-~ included in Electrical allowance at the end of scope of work.) 6. Furnish and installation of 3 homeowner provided light fixtures. (Labor and Material included in Electrical allowance at the end of scope of work.) Basement: 7. Removal of existing wall insulation as needed for new framing. 8. Furnish and installation of wall framing as per design discussed-with'homeowner. Framing of interior wall to be adjacent with lally columns and existing beam, so as not to interfere with existing mechanicals. a. 2 x 4 pressure treated bottom plate b. 2 x 6 wall framing, 16 inches on center c. 2 x 4 top plate d. Insulation:R 19 Kraft faced insulation on exterior walls. 9. Furnish and installation of two new interior six panel pine doors,one for furnace room access, and one to your left as you come to the bottom of the stairs to the unfinished storage area. r (Allowance $ 600.00 Doors and Hardware) To be chosen by homeowner. °- . .. '' 10. Electrical:As per NYS Building code a. Furnish and installation of lighting,outlets and baseboard heat. All to be determined with homeowner. (Labor and Material included in Electrical allowance at the end of scope of work.) 11.Furnish and installation of drywall on finished room walls and ceiling,tape and float and ready for paint. a. Access panels for mechanicals as needed. 12. Furnish and installation of 3 1/2 primed base(WM 623) and 2 1/4 primed(WM327)door and window trim. Trim to be added-to existing stairs in area of drywall for a finished look. 13. Painting: As per standard painting procedures,walls, ceilings,trim and doors in finished room. (Does not include any stair finishing(tread/riser) 14. Furnish and Installation of engineered vinyl plank flooring in remodel finished room. (Allowance $3,180.00 Flooring and transitions) To be chosen by homeowner. Hallway Bathroom 15. Removal of existing vanity, sink and faucet, lighting, exhaust fan,trim,toilet and flooring: - 16. Furnish and installation of cement backerboard to accommodate new floor tile. • 17. Furnish and installation of new floor tile (Allowance $ 197.00 Tile and Grout) To be chosen by homeowner. 18. Plumbing: As per NYS Building code • a. Furnish and installation of new toilet with seat(Allowance $ 250.00)To be chosen by homeowner. b. Supply/drain line for new vanity sink/faucet. (Labor and Material included in Plumbing/IP AC allowance at the end of scope of work.) 19. Electrical: a. Installation of homeowner provided vanity light. b. Furnish and installation of exhaust fan/light,vented per code. (Allowance $335.00 Exhaust fan/light)To be chosen by homeowner. (Labor and Material included in Electrical allowance at the end of scope of work.) 20. Furnish and installation of vanity, sink and countertop (Allowance $ 1,000.00 Vanity, sink and countertop) To be chosen by homeowner. 21. Furnish and installation of vanity faucet(Allowance $ 150.00)To be chosen by homeowner. 22. Furnish and installation of bathroom base and door trim(WM623/327)(bath interior only). 23. Painting: Using standard painting procedures,bath walls,ceilings as needed,newly installed trim work. Does not include painting of door. Master Bath 24. Removal of existing bathroom fixtures, including cabinetry (linen closet to saved and installed in laundry area),trim,shower area and flooring. 25. , a. Wall blocking for grab bars, exact location to be determined with homeowner. b. Furnish and installation of moisture resistant drywall in areas needed due to wall remodifcation, including the complete ceiling areas. Tape and float and ready for paint. 26. Electrical: As per NYS Building code a. Furnish and installation of exhaust fan/light,vented per code (Allowance $ 335.00 Exhaust fan/light) To be chosen by homeowner. b. Installation of homeowner provided lights (Labor and Material included in Electrical allowance at the end of scope of work.) • 27. Plumbing: As per NYS Building code a. Supply/drain lines for new shower,vanity,toilet. (Above subfloor) • (Labor and Material included in plumbing allowance at the end of scope of work.) 28. Furnish and installation of waterproof shower pan and shower wall membrane with°i2x-20_nich. a. Furnish and installation of shower floor tile (Allowance $ 109.00 Tile and Grout) To be chosen by homeowner b. Furnish and installation of shower wall tile (Allowance $ 545.00 Tile and Grout)To be chosen by homeowner. 29. Furnish and installation of shower faucet with anti-scold valve and drain cover. (Allowance $ 400.00 Faucet system/drain cover)To be chosen by homeowner. 30. Furnish and installation of shower doors (Allowance $ 1,200.00 Furnished and Installed) To be chosen by homeowner. 31. Furnish and installation of cement backerboard to accommodate new main floor tile 32. Furnish and installation of floor tile (Allowance$ 385.00 Tile and Grout)To be chosen by homeowner. 33. Furnish and installation of new toilet with seat (Allowance $250.00) To be chosen by homeowner. 34. Furnish and installation of new vanity, sink and countertop (Allowance $ 1,200.00 vanity, sink and countertop).To be chosen by homeowner 35. Furnish and installation of vanity faucet(Allowance $ 150.00) To be chosen by homeowner. 36. Furnish and installation of bathroom base and door trim(WM623/327)(bath interior only). 37. Painting: Using standard painting procedures,bath walls, ceilings and newly installed trim work. Does not include painting of door. 38. Installation of homeowner provided accessories,mirror,towel bars etc... Living Room 39. Removal of existing base trim work,in living room, dining,kitchen and foyer, including door trim. All window and half wall trim to remain. 40. Removal of existing carpet in living room area. 41. Furnish and Installation of new hardwood floors to match existing as close as possible(3 1/4") (Allowance $ 2,309.00 Flooring)To be confirmed with homeonwer. 42. Furnish and installation of 3 %primed base(WM 623)and 2 %4 primed(WM327)door and window trim. Trim to be added to existing stairs in area of drywall for a finished look. 43. Painting: Using standard painting procedures, wall touch ups as needed and painting of newly installed trim work. Does not include doors. Exterior Lighting 44. Installation of homeowner provided pole light,garage light,porch light and rear exterior light. (Labor and Material included in Electrical allowance at the end of scope of work.) 45. Plumbing/HVAC: As per NYS building code for all above plumbing/HVAC needs • (Allowance $ 4,800.00 Furnished and Installed) 46. Electrical: As per NYS Building code for all above electrical work. (Allowance $ 4,500.00 Furnished and installed) 47. All job-related debris removed from site. LUMP SUM FOR ABOVE MENTIONED WORK$105.868.00 This Agreement will expire 7 days after the date at the top of page one of this Agreement if not accepted in writing by Owner and returned to Contractor within that time. * Any alteration from above specifications involving extra costs will be executed only upon a written order and will become an extra charge over and above the estimate. B.NOTES AND CLARIFICATIONS - — — - ----------- If any conflict should arise between the plans, specifications, addenda to plans, and this Agreement,then the terms and conditions of this Agreement shall be controlling and binding upon the parties to this Agreement. ***NOTE:Homeowner to obtain permit,Patriot will provide Building Department with necessary insurance documents directly. ***NOTE All personal effects need to be removed from all work areas prior to commencement. ***NOTE: Homeowners are to always provide a safe and clear pathway to the home,all snow removal,ice and so forth are the responsibility of the homeowner. III.GENERAL CONDITIONS FOR THE AGREEMENT ABOVE A.EXCLUSIONS This Agreement does not include labor or materials for the following work: 1.PROJECT-SPECIFIC EXCLUSIONS:. 1. Does not include any mechanical work code upgrades,unless noted. 2. Does not include any concrete work. 3. Does not include any rotten framing or re leveling of framing,unless noted. 4. Does not include any stair work or stair coverings,unless noted. 5. Does not include any trenching of exterior for electrical. 2.STANDARD EXCLUSIONS: Unless specifically included in the"General Scope of Work"section above, this Agreement does not include labor or materials for the following work: Plans, engineering fees,or governmental permits and fees of any kind.Additional work required by governmental plan checkers on final "Red Lined"Job copy of plans that are yet to be issued. Testing,removal and disposal of any materials containing asbestos(or any other hazardous material as defined by the EPA). Custom milling of any wood for use in project.Moving Owner's property around the site.Labor or materials required to repair or replace any Owner-supplied materials.Final construction cleaning(Contractor will leave site in"broom swept" condition). Correction of existing out-of-plumb or out-of-level conditions in existing structure. Correction of concealed substandard framing.Rerouting/removal of vents,pipes, ducts, structural members,wiring or conduits,steel mesh which may be discovered in the removal of walls or the cutting of openings in walls. Removal and replacement of existing rot or insect infestation.Failure of surrounding part of existing structure, despite Contractor's good faith efforts to minimize damage,such as plaster or drywall cracking and popped nails in adjacent rooms or blockage of pipes or plumbing fixtures caused by loosened rust within pipes. Exact matching of existing finishes. Cost of correcting errors and omissions by the Owner's design professionals and separate contractors. Cost of correcting/testing/remediating mold/fungus/mildew and organic pathogens unless caused by the sole and active negligence of Contractor as a direct result of a construction defect that caused sudden and significant water infiltration into a part of the structure. B.CHARGES FOR ADDITIONAL WORK: CONCEALED CONDITIONS,DEVIATION FROM SCOPE OF WORK,AND CHANGES IN THE WORK 1.CONCEALED CONDITIONS: This Agreement is based solely on the observations Contractor was. able to make with the project in its condition at the time the work of this Agreement was bid.If additional concealed conditions are discovered once work has commenced or after this Agreement is executed which were not visible at the time this Agreement was bid, Contractor will point out these concealed conditions to Owner, and these concealed conditions will be treated as Additional Work under this Agreement. Contractor and Owner may execute a Change Order for this Additional Work. Contractor is released,held harmless, and indemnified by Owner from all pre-existing mold,fungus, mildew, and organic pathogen problems and is not responsible for costs or damages associated with correcting, containing,testing,or remediating the same. 2.DEVIATION FROM SCOPE OF WORK: Any alteration or deviation from the Scope of Work referred to in this Agreement involving extra costs of materials or labor(including any overage on ALLOWANCE work and any changes in the Scope of Work required by Owner, Owner's design professional,Owner's agent, or governmental plan checkers or field building inspectors)will be treated as Additional Work under this Agreement resulting in an additional charge to Owner as set forth herein. Contractor and Owner may execute a Change Order for this Additional Work. 3. RATES CHARGED FOR ALLOWANCE-ONLY AND TIME-AND-MATERIALS WORK: $ 85.00 per hour per man. (PLEASE NOTE TIME-AND-MATERIAL WORK FOR PLUMBING IS AT$110.00 per man hour) 4.ESCALATION CLAUSE FOR BUILDING MATERIALS: The contract price for this residential construction project has been calculated based on the current prices for the component building materials.However,the market for the building materials that are specified is considered to be volatile, and sudden price increases could occur. The Builder agrees to use his best efforts to obtain the lowest possible prices from available building material suppliers but should there be an increase in the prices of these materials in lump sum over 4%that are purchased after execution of contract for use in this residential construction project,the Owner agrees to pay that cost increase to the Builder.Any claim by the Builder for payment of a cost increase, as provided above, shall require written notice delivered by the Builder to the Owner stating the increased cost,the building material or materials in question, and the source of supply, supported by invoices of bills of sale. C.PAYMENT SCHEDULE AND PAYMENT TERMS 1.PAYMENT SCHEDULE (Does not represent the amount of said items) $ 11,700.00-due upon signing of contract/ordering materials '' ' y� `7 $ 12,000.00-due upon commencement of work/demo $ 8,800.00-due upon commencement of Countertop template $ 7,400.00-due upon commencement of electrical $ 8,800.00-due upon commencement of plumbing/Hvac $ 4,500.00 - due upon commencement of master bath shower system $ 3,800.00 -due upon commencement of master bathroom tile $ 3,400.00-due upon commencement of master bathroom fixtures $ 5,800.00 -due upon commencement of framing of basement $ 4,800.00-due upon commencement of drywall basement $ 6,400.00-due upon commencement of basement flooring $ 3,800.00 -due upon commencement of basement painting $ 3,200.00 - due upon commencement of basement trim 2,800.00-due upon commencement of hall bath tile $ 2,000.00 -due upon commencement of hall bath fixtures $ 7,400.00-due upon commencement of living room flooring $ 4,800.00 -due upon commencement of main level trim work $ 4,468.00 -due upon completion * Interest in the amount of 1%per month will be charged on all late payments under this Agreement. • 2.PAYMENT OF CHANGE ORDERS/ADDITIONAL WORK: Payment for Additional Work is due upon completion of either all or part of the Additional Work and submittal of invoice by Contractor. 3.ADDITIONAL PAYMENTS FOR ALLOWANCE WORK AND RELATED CREDITS: Payment for work designated in the Agreement as ALLOWANCE work has been initially factored into the Lump Sum Price and Payment Schedule set forth in this Agreement. If the final amount of the ALLOWANCE work exceeds the line item ALLOWANCE amount in the Agreement,the difference between the final amount and the line item ALLOWANCE amount stated in the Agreement will be treated as Additional Work. If the final amount of the ALLOWANCE work is less than the ALLOWANCE line item amount listed in the Agreement, a credit will be issued to Owner after all billings related to this particular line item ALLOWANCE work have been received by Contractor. This credit will be applied toward the final payment owing under the Agreement. 4.DEPOSITS: If Patriot Construction of Upstate New York receives payments under this contract from Owner prior to substantial completion of work,as required in Subdivision 4 of Section 71-A of the Lien Law,we will deposit such payment in an escrow account within five business days, and we will use the deposits for the purposes of this Contract and for other purposes permitted by law. You are hereby advised the name of the depositary where the funds will be placed is The Key Bank, State Rte 30,Amsterdam,New York 12010. In Lieu of the escrow deposits,however,we have the option to post a bond or other contract indemnity with you guaranteeing the return or proper application of such payments to the purpose of this Contract. D.WARRANTY-Thank you for choosing our company to perform this work for you. Your satisfaction with our work is a high priority for us; however,not all possible complaints are covered by our warranty. Contractor does provides a limited warranty against material defects on all Contractor-and subcontractor-supplied labor and materials used in this project for a period of one year following substantial completion of all work. This warranty covers normal usage only,not manufacture defects, recalls or problems due to manufacturing. Material defects will be handled by manufacturers, and homeowner will be responsible for labor charges due to change. You must contact the Contractor at the address on page one of this Agreement in writing for warranty service immediately upon discovering an item in need of warranty service. If the matter is urgent,you must also call the Contractor and send written notice of the need for warranty service. Failure to notify the Contractor of the need for warranty service within ten days of discovery of a warranty item may void this warranty. Additionally,Owner's hiring of others or direct actions by Owner or Owner's separate contractors to repair a warranty item are not covered by this warranty and will not be reimbursed by Contractor. No warranty is provided by Contractor on any materials furnished by the Owner for installation.No warranty is provided on any existing materials that are moved and/or reinstalled by the Contractor within the dwelling or the property(including any warranty that existing/used materials will not be damaged during the removal and reinstallation process). One year after substantial completion of the project,the Owner's sole remedy (for materials and labor)on all materials that are covered by a manufacturer's warranty is strictly with the manufacturer,not with the Contractor. Repair of the following items and related damages of every kind are specifically excluded from Contractor's warranty: problems caused by lack of Owner maintenance;problems caused by Owner abuse,Owner misuse,vandalism, Owner modification, or alteration; and ordinary wear and tear. Damages resulting from mold,fungus,and other organic pathogens are excluded from this warranty unless caused by the sole and active negligence of contractor as a direct result of a construction defect which caused sudden and significant amounts of water infiltration into a part of the structure. Deviations that arise such as the minor cracking of concrete, stucco,and plaster;minor stress fractures in drywall due to the curing of lumber;warping and deflection of wood; shrinking/cracking of grouts and caulking;