Fill and Sign the State of Massachusetts Hereinafter Referred to as the Trustor and the Trustee Form

- 1 - CONSTRUCTION CONTRACT THIS CONTRACT IS ENTERED INTO THIS THE ____ DAY OF _______________, 20___, by and between ________________________________________________, hereafter "Contractor" and ________________________________________________ hereafter "Owner". For valuable consideration the parties do hereby agree as follows: 1. SCOPE OF WORK: Contractor shall provide all labor and materials, and shall construct for Owners the residence as described by the plans and specifications (hereafter "the Project") selected by Owners and more particularly described as __________________________________ ______________________________________________________________________________. Copies of said plans and specifications have been executed by Contractor and Owner on the date hereof and are hereby made a part of this contract. 2. WORK SITE: The Project shall be constructed on the property of Owner located at _______________________________________________________________________ and more particularly described as ___________________________________________________________ (hereafter "the Work Site"). Owner hereby authorizes Contractor to commence and complete the usual and customary excavation and grading on the Work Site as may be required in the judgment of the Contractor to complete the Project. Unless called for in the specifications no landscaping, finish grading, filling or excavation is to be performed at the Work Site by the Contractor except as is so required. 3. PERMITS: Contractor shall apply for and obtain such permits and regulatory approvals as may be required by the local municipal/county government, the cost thereof shall be an expense of the Project. 4. SOIL CONDITIONS: Contractor shall have no responsibility for the condition of the soils at the Work Site. Any excavation, filling or other work required by the Owner other than the usual and customary excavation and grading shall be an additional expense of the Owner. Owner shall determine before construction begins if additional site work is required because of the soil conditions at the Work Site and shall provide Contractor written specifications as to such additional site work. Contractor shall not be responsible for any damages suffered by Owner as a result of the soil conditions at the Work Site.
5. Costs, estimates or rates: this will be a contract of contract, the actual cost incurred by contractor shall be at contractor's discretion, and the owner shall pay no part thereof in cash, with respect to which the costs, estimates, or rates of such work to be performed by contractor on behalf of owner shall be at or around contractor's costs, estimates, or rates. Contractor is entitled to reasonable notice of any material change in the materials or scope of work on or about work site on or about which the parties are bound. The contractor is further entitled to a minimum of three months advance notice of any material change in the materials or scope of work that affects the date of completion in the amount of one hundred twenty-three dollars () to thirty-two dollars (). Any notice of material change made to contractor shall be dated and shall be given to contractor by certified mail at the address indicated above, together with a completed copy of the materials and scope of work changes and notification on such changed documents that notice to contractor of the material change has been given to owner, which notice shall be sufficient, together with the material change notice as certified by the party giving it, to give notice to other parties at the location of the project at which notice should have been given if a written notice of material change was given by a party, or by the party responsible for the materials change if written notification was received by contractor. If any parties has not received written notice by the date specified in the notice of material change, the party responsible for the material change shall notify the party that failed to receive written notice of material change prior to the date prescribed in the notice. All charges for services performed before the date of commencement of work on said residence shall be at the rates and in the manner herein provided from the date the work commences until completion of said work. 6. Contractual fees: this will be a contract of contract, there shall be an expense of the project of the amount of seven dollars (), and this is to be paid by owners at a rate mutually agreed upon in writing between owner and contractor at that time of commencement of work of the project, but owner is responsible that the contractor shall have the right to deduct any amounts from the rate agreed to be paid by owner to contractor for service of notices, for notices of material change made to contractor by the parties, as necessary to satisfy any debt owed by owner at the time of construction of the project. 7. Contractual penalties: this will.