Contractor Information:
Contractor Name: D&G Exteriors LLC
Contractor Principals: Shane Dorsey and John Gill
Business Address: 82 Wendell Ave, STE 100, Pittsfield, MA 01201
Phone: (781) 328-4063
Federal ID #: 92-2437749
HIC Reg. Number: 210073
HIC Expiration Date: 10/22/25
This agreement (the “Agreement”) is between D&G EXTERIORS LLC, a Massachusetts Limited Liability Company (the “Contractor”) and an individual referred to in the Quote (also referred to as “You” or the “Homeowner”). The Homeowner is the owner of the property located at the address provided in the Quote (the “Property”).
The Homeowner wishes to engage the Contractor to perform certain work (the “Work) as defined in the Quote, on the Property in accordance with the specifications detailed in the Quote. The Agreement represents the entire and integrated agreement between the parties and supersedes prior negotiations, representations or agreements, either written or oral.
SUBCONTRACTORS. The Contractor agrees to be responsible for completion of the Work as described in the Quote regardless of the actions of any third party/subcontractor utilized by the Contractor. The Contractor further agrees to be responsible for all payments to his subcontractors performing work on Contractor’s behalf in completing the Work detailed in the Quote. The Homeowner shall communicate with the Contractor’s subcontractor only through the Contractor.
CHANGES TO THE WORK (CHANGE ORDERS). No changes to this Agreement or the Quote may be made unless such changes are agreed to by all parties and made in writing on a separate change order form signed by the Homeowner and the Contractor (the “Change Order”). If there is a discrepancy between this Agreement and a Change Order, the Change Order shall be the governing document.. Payment for any additional Change Order work is due upon execution of the Change Order. The Contractor may, in the Contractor’s sole discretion, require the Homeowner to provide an additional deposit toward any increased cost associated with the Change Order. The Homeowner acknowledges that he/she/it shall be personally responsible for any changes which are not included in any applicable insurance settlement. The Contractor shall have the right to stop all Work at such time as a change is requested or required until such time as the Change Order is executed by the Contractor and the Homeowner. The Contractor may reasonably decline any requested change made by the Homeowner.
CONCEALED CONDITIONS. The price in the Quote is based solely on the observations of the Contractor at the time of entering into this Agreement. If once the Work has commenced any additional concealed conditions are discovered by the Contractor, which conditions were not foreseeable by the Contractor at the time of entering into this Agreement, the Contractor will identify the unforeseen conditions, and the Homeowner and the Contractor may execute a Change Order for any additional work. If the Work detailed in this Agreement or the Quote is being performed under an insurance claim made by the Homeowner to the Homeowner’s insurance carrier, the Contractor acknowledges that a Change Order for additional unforeseen work may need approval by the Homeowner’s insurance carrier. The Homeowner agrees that if the insurance carrier does not agree to pay for unforeseen or unanticipated extra costs, then the Contractor may terminate this Agreement and the Contractor shall be entitled to payment for all Work completed through the date of termination. If the Homeowner wishes to proceed with the unforeseen additional work as detailed in the Change Order without payment from the Homeowner’s insurance carrier, the Homeowner will be responsible for all additional costs as detailed in the Change Order. Such Change Order work may also extend the time for completion of the agreed to Work under this Agreement.
HOMEOWNER SITE VISITS. Because of hazards which may exist on the Work site during the Contractor’s presence on the Property, the Homeowner is required to first consult with the Contractor and receive permission to enter the Work site. During the time of Work on the Property, conditions may exist that will be hazardous to the Homeowner and the Homeowner’s family, friends, and guests. The Homeowner waives all claims against the Contractor and agrees to indemnify, defend and hold the Contractor harmless for any and all injuries or damages that the Homeowner or any member of the Homeowner’s family, friends, or guests may suffer while on or around the Property during the time the Work is being performed.
USE OF LIKENESS AND PROPERTY. Before, during, or after Contractor’s performance of the Work, Contractor may take photographs and videos, or create other media depicting the likeness of the Property (together, “Media”). You agree that Contractor may do so and further agree that Contractor may use any or all Media for any lawful purpose, including but not limited to publicity, advertising, and marketing purposes. You agree that you have no right to inspect, approve, or require payment of any kind for any Media and that Contractor owns all Media free and clear of any encumbrance by you or those acting on your behalf. You release Contractor (and all persons acting under its permission or authority) from all claims for libel, slander, invasion of privacy, infringement of copyright or right of publicity, or any other claim related to the Media. You represent that you are duly authorized or possess other legal authority to provide the consent given in this paragraph.
USE OF DUMPSTER. The Homeowner acknowledges and agrees that the Contractor may place a dumpster on the Property for collection of construction waste materials (the “Dumpster”). The Homeowner agrees that the Homeowner and/or the Homeowner’s family, friends, or guests will not place any materials in the Dumpster whatsoever or otherwise interfere with, enter into, or move the Dumpster. The Homeowner waives all claims against the Contractor (and agrees to indemnify, defend, and hold the Contractor harmless) for property damage or injuries or other damages that the Homeowner or any member of the Homeowner’s family, friends, or guests may suffer as a result of the Dumpster. Should the Homeowner or any member of the Homeowner’s family, friends, or guests place any materials in the Dumpster, the Homeowner agrees that it shall be responsible for any increased costs associated with such actions.
DISCOVERY OF HAZARDOUS MATERIALS. In the event that any hazardous materials, waste, or asbestos (“Hazardous Materials”) are discovered at the construction site where the Work is being conducted, the Homeowner agrees to promptly engage, or grant permission to the Contractor to engage on their behalf, a properly licensed and qualified hazardous material contractor to address and remediate the discovered Hazardous Materials. Costs incurred as a result of the discovery, management, and remediation of Hazardous Materials will be borne by the Homeowner, and any additional work required by the Contractor in relation to the discovered Hazardous Materials will be documented and invoiced as a separate Change or additional order.
WAIVER OF LIABILITY. If the Contractor is injured while performing the Work, the Homeowner will be exempt from liability for those injuries to the fullest extent allowed by law, unless it is found that the Homeowner is at fault for the Contractor’s injuries.
INDEMNIFICATION – CONTRACTOR. The Contractor shall indemnify the Homeowner against all third-party damages, liabilities, reasonable costs, expenses, claims, or judgments, including, without limitation, reasonable attorney’s fees and disbursements, that the Homeowner may suffer from or incur, and to the extent arising or resulting from (a) any gross negligence or willful misconduct of the Contractor arising from or in connection with the Contractor’s performance of the Work as detailed in this Agreement, or (b) the Contractor’s breach of any of its obligations, agreements, or duties under this Agreement.
INDEMNIFICATION – HOMEOWNER. The Homeowner shall indemnify the Contractor and each of its members, employees, subcontractors, and other representatives against all third-party damages, liabilities, reasonable costs, reasonable expenses, claims, or judgments, including, without limitation, reasonable attorneys’ fees and disbursements, that any of them may suffer from or incur and to the extent arising or resulting from (a) any negligence or willful misconduct of the Homeowner, or (b) the Homeowner’s breach of any of its obligations, agreements, or duties under this agreement.
NATURE OF RELATIONSHIP. The Contractor is not an employee of the Homeowner; the Contractor is working in its capacity as an independent contractor.
LIMITATIONS. The express warranties set forth in this Agreement shall constitute the only warranties applicable to the Contractor’s performance under this agreement. The Contractor expressly disclaims any and all other warranties, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, or non-infringement of third party rights. The Contractor shall not be liable for any indirect, special, incidental, punitive, exemplary or consequential damages, whether or not the Contractor should have know the possibility of such damages. In no event shall the Contractor’s liability under this Agreement exceed the total contract amount. This provision of the Agreement shall not apply to the extent prohibited by applicable law.
FINAL PAYMENT. Upon the Homeowner’s remittance of the final payment to the contractor, it is understood and agreed by the Homeowner that the work performed by the Contractor under this contract is deemed complete and accepted by the Homeonwer in its entirety. The Homeowner acknowledges and agrees that they have inspected and approved all work completed under the contract, and found the same to be satisfactory, finished in a workmanlike manner, and in full compliance with the contract terms.
SEVERABILITY. If any provision or part-provision of this Agreement is or becomes invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Agreement.
MODIFICATION OF TERMS. The Contractor reserves the right to modify these terms and conditions at any time at its sole discretion. It is the Homeowner’s responsibility to regularly review and stay informed of any changes. Continued engagement with the Contractor after any modifications indicates the Homeowner’s acknowledgment and acceptance of such changes. While the Contractor may choose to notify the Homeowner of updates through various means, including but not limited to email, postal mail, or postings on the Contractor’s website, it is under no obligation to do so.
CONTRACT ACCEPTANCE. Upon signing, this Agreement becomes a binding contract under the laws of Massachusetts. Unless otherwise noted, this Agreement shall not imply that any lien or other security interest has been placed on the Property. This Agreement constitutes the entire agreement between the Contractor and the Homeowner and supersedes any and all prior representations, understandings, undertakings, or agreements (whether oral or written and whether expressed or implied) of the parties with respect to the Work contracted for as detailed in Exhibit A hereto. This Agreement may not be altered, modified, or amended unless such alteration, modification, or amendment is in writing and signed by the Contractor and the Homeowner.
NOTE: Don’t be pressured into signing the contract. Take time to read and fully understand it. Ask questions if something is unclear.
NOTE: Make sure the contractor has a valid Home Improvement Contractor Registration. The law requires most home improvement contractors and subcontractors to be registered with the Director of Home Improvement Contractor Registration. You may inquire about contractor registration by writing to the Director at 10 Park Plaza, Room 5170, Boston, MA 02116 or by calling 617-973-8787 or 888-283-3757.
NOTE: Does the contractor have insurance? Ask the Contractor for his insurance company information so that you can confirm coverage, or ask to see a copy of a “proof of insurance” document.
NOTE: Know your rights and responsibilities. Read the Important Information on the reverse side of this form and get a copy of the Consumer Guide to the Home Improvement Contractor Law.
Contractor Arbitration
The Home Improvement Contractor Law provides homeowners with the right to initiate an arbitration action (as an alternative to court action) if they have a dispute with a contractor. The same right is not automatically afforded to a contractor, however. The contractor would have to resolve any dispute he/she has with a homeowner in court unless both parties agree to the optional clause provided below. This clause would give the contractor the same right to arbitration as is afforded to the homeowner by the Home Improvement Contractor Law.
Homeowner’s Rights
A homeowner’s rights under the Home Improvement Contractor Law (MGL chapter 142A) and other consumer protection laws (i.e. MGL chapter 93A) may not be waived in any way, even by agreement. However, homeowners may be excluded from certain rights if the contractor they choose is not properly registered as prescribed by law. Homeowners who secure their own building permits are automatically excluded from all Guaranty Fund provisions of the Home Improvement Contractor Law. The contractor is responsible for completing the work as described, in a timely and workmanlike manner. Homeowners may be entitled to other specific legal rights if the contractor guarantees or provides an express warranty for workmanship or materials. In addition to guarantees or warranties provided by the contractor, all goods sold in Massachusetts carry an implied warranty of merchantability and fitness for a particular purpose. An enumeration of other matters on which the homeowner and contractor lawfully agree may be added to the terms of the contract as long as they do not restrict a homeowner’s basic consumer rights. If you have questions about your consumer/homeowner rights, contact the Consumer Information Hotline (listed below).
Execution of Contract
The contract must be executed in duplicate and should not be signed until a copy of all exhibits and referenced documents have been attached. Parties are also advised not to sign the document until all blank sections have been filled in or marked as void, deleted, or not applicable. One original signed copy of the contract with attachments is to be given to the owner and the other kept by the contractor. Any modification to the original contract must be in writing and agreed to by both parties. Contracted work may not begin until both parties have received a fully executed copy of the contract, and the three day rescission period has expired.
Accelerated Payments
A contractor may not demand payments in advance of the dates specified on the payment schedule in cases where the homeowner deems him/herself to be financially insecure. However, in instances where a contractor deems him/herself to be financially insecure, the contractor may require that the balance of funds not yet due be placed in a joint escrow account as a prerequisite to continuing the contracted work. Withdrawal of funds from said account would require the signatures of both parties.
Additional Information
If you need additional information about the Home Improvement Contractor Law or other consumer rights, or if you wish to obtain a free copy of “A Massachusetts Consumer Guide to Home Improvement,” contact:
Consumer Information Hotline
Office of Consumer Affairs and Business Regulation
501 Boylston St, Suite 5100, Boston, MA 02116
(617) 973-8787 or 1-(888) 2833757
If you want to verify the registration of a contractor or if you have questions or need additional information specifically about the contractor registration component of the Home Improvement Contractor Law, contact:
Director of Home Improvement Contractor Registration
Office of Consumer Affairs and Business Regulation
1000 Washington St, Room 710, Boston, MA 02118
617-973-8787, 888-283-3757 or visit the HIC website at http://www.mass.gov/ocabr/
Go online to view the status of a Home Improvement Contractor’s Registration:
http://db.state.ma.us/homeimprovement/licenseelist.asp
For assistance with informal mediation of disputes or to register formal complaints against a business, call:
Consumer Complaint Section
Office of the Attorney General
(617) 727-8400
AND/OR
Better Business Bureau
(508) 652-4800, (508) 755-2548, (413) 734-3114
Feel free to reach out to us anytime. We're here to help!
781-328-4063
john@dandgexteriors.com
