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HomeMy WebLinkAbout937989 l/V WHEN RECORDED MAIL TO: RECEIVED 4/3/2008 at 10:59 AM RECEIVING # 937989 BOOK: -' ~q/ PAGE: 125 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Law Offices Of Ray G. Martineau 3098 Highland Drive, Suite 450 Salt Lake City, UT 84106 NOTICE OF CLAIM OF LIEN NOTICE IS HEREBY GIVEN that the undersigned Lien Claimant hereby claims, and by virtue of the provisions of Chapter 1 of Title 29 of Wyoming Code Annotated, intends to hold and claim a lien for labor and services rendered for improvements to or upon the real estate more particularly described below, lying in and a part of Uinta County, State of Wyoming, as follows: NAME & ADDRESS OF LIEN CLAIMANT: WESTERN HOMES P.O. Box 217 Grover, WY 83122 $208,557.00, less 189.030.00 draws/payments $19,527.00 balance due and owing AMOUNT CLAIMED DUE AND OWING: NAME & ADDRESS OF PERSON AGAINST WHOSE PROPERTY THE LIEN IS FILED: Robert Amos & Victoria Amos 1170 North Main Orem, UT 84057 ITEMIZED STATEMENT MATERIALS DELIVERED & WORK PERFORMED: NAME & ADDRESS OF PERSON(S) AGAINST WHOM LIEN IS CLAIMED: General Contractor in Constructing Amos' Home at Star Valley Ranch LEGAL DESCRIPTION OF WHERE MATERIALS WERE FURNISHEDfWORK PERFORMED Robert and Victoria Amos 1170 North Main Orem, UT 84057 Stewart Country Club Estate, Phase 2 Lot 53 Lincoln County, Wyoming a/k/a 669 Country Club Way, Thayne, WY 82127 COpy OF CONTRACT: FIRST LABOR AND SERVICES PROVIDED: LAST LABOR AND SERVICES PROVIDED: See Exhibit "A" attached hereto June 6, 2007 February 29, 2008 Notice is hereby provided in accordance with § 29-2-111 of Wyoming Statute that under Wyoming law a contractor and materialman claims a lien under this title and is hereby providing fonnal written notice of its right to claim a lien under the prime contract. TIris notice of claim of lien is being provided to the owner of the property and the project owner by certified mail. Notice of WESTERN HOMES' lien is effective on the date this notice is mailed. DATED this _5th_ day of March, 2008. ...__~RN HOMES, a Wyoming Corporation rLd-e 0· ¡ ~ H - - ~President STATE OF WYOMING ) :ss COUNTY OF LINCOLN ) On the ~ day of March, 2008, personally appeared before me Russ Reinhart, whose identity is known to me, and who by me duly sworn, did say that he is the President of WESTERN HOMES, a Wyoming Corporation, and that the foregoing instrument was signed by him as said President. My Commission Expires (, -IL¡'''O~ ~ 0h 1/.(4. J. /'Notary Public fìeaend CoIIInd __.... ....... w...... Ho... INt. ..d Owner . 000126 TlßS agreement made as of the Sdl day of August, 1007, by aDd between the Contrtlctor, WESTERN HOMES, INC., P.O. BOX 409, Thayne, WY 83127, and the Ownø, Jiehard and VICtoria AlDOl. whOle address is Lot 53~ Stewart COHn a.b Estate.. TbaYlle.. WJ .It? . for tile foDowùI& Project. Ih.-...... ......111 Western Homes, Inc. will build the model Casita, a 1396 Square foot home with a 2 car garage, built upon a ( 1396 square foot) finished basement, as shown on the approved plans. The home will be built according to the plans and specifications herein attached. Both Exhibit "A" Specifications Sheet, and budget allowances, and the plans are hereby incorporated into this Project. This is a prime Contract that provides for the furnishing of labor, materials, equipment and services in connection with the construction for the Project. The Contract Price is Two Hundred and Two Thousand Six Hundred and Seventeen Dollars and No/Cents ($202,617.00), for the Project, which is more particularly described'under Addendum "A" included herewith. I. ARCIßTEClIENGINEER: Construction of the residence is based upon a set of approved plans prepared by ADS. Ammon ID 83406 / DraftinszServices The architect will not be actively involved with this Project, will not visit the site nor monitor the job, win not control construction means, methods, techniques, sequences or procedures of the work. Western Homes, Inc., as the General Contractor, shall supervise, manage and oversee construction of the Project and supervise, manage and oversee all Subcontractors and workers in regard to the Project. n. OWNER: The Owner is the entity identified as such in the Owner/Contractor Agreement. The tenn Owner superficially means the Owner or his authorized representative, and is generally referenced as singular in number and male in gender in the documents. The Owner is directly responsible for making· the financial arrangements for the Project and is required to provide by the Contract to show that such evidence of financing is in effect. Absent that evidence, the General Contractor shall be relieved of execution of the Contract. 1 ITIHt(-~'(-¿~~ö 1¿; ¿ö t"'.~( OOO~27 The Owner shall furnish all necessary legal description surveys, describing the physical characteristics, legal limitations and utility locations for the site of the Project. The Owner shall secure and pay for necessary approvals, easements and charges required for construction, use or occupancy necessary to the Project's cons1ruction, to include all temporary and permanent utility hook-up fees. InfoIDlation or services under Owner's control shall be furnished to Contractor with reasonable promptness to avoid delay in the orderly progress of the work. The foregoing are in addition to the duties and responsibilities of the Owner as enumerated herein and made a part of this Agreement. If defective or incorrect work is observed by the Owner, he shall immediately notify the Contractor. The Owner has the right to insist that portion of the work be stopped until the matter is resolved. The Owner has the ultimate authority in the construction of the dwelling, as it is reflected in the plans, contract documents, and agreed upon and signed addendums. m CONTRACTOR The Contractor means the prime or general and is the Contractor identified as such in this Agreement and/or his authorized representative. The Contractor is liable for the construction of the Project according to the building plans, approved change orders according to applicable codes and conditions. He shall provide the supervision necessary to direct and complete the work and shall coordinate all portions of the job. The Contractor sba1l at all times enforce good order at the job site and shall not employ any unfit or unskilled in the task assigned to him. Contractor shall have ultimate responsibility for maintaining the premises in a clean and orderly fashion and may withhold payments fÌ'om offending Subcontractors or surcharge for payment of expenses involved in the cleanup associated with waste or rubbish so caused. The Contractor bas immediate responsibility for the quality of materials, equipment or products delivered to the site and may reject such, as he deems necessary. IV. LABOR AND MATERIALS: The Contractor shall be responsible for payment of all labor, materiaJs, authorized equipment or products delivered to the site and may reject such as he deems necessary. 2 t;OO~28 v. CONTRACT SUM AND.PAYMENTS The contract sum is stated in this Agreement and subject to. mutually agreed upon adjustments (written addendums signed by parties) is the total amount payable by Owner to. the Co.ntractor for perfo.rmance o.f Wo.rk under co.ntract documents. Co.ntractor shall submit a breakdown o.f costs o.n the Project. Progress payments by Owner to. Can tractor shall be submitted and paid bi- mo.nthly, based upon the breakdo.wn, according to. the percentage o.f o.verhead, management, progress and specific wark completed during each fifteen (15) day interval. Co.ntractor shall apply fo.r progress payment at least three (3) days befare the date af the expected progress payment. All payments must be paid within seven (7) days o.f submittal o.f said payment. Any o.bjectio.n to. a progress payment o.r portion thereof requires two. (2) days no.tice by Owner in advance af expected progress payment. Co.ntractor may withho.ld retainage from any Subco.ntracto.r per his agreement with that Subcontractor to. insure proper completio.n o.f the Project. The Owner shall provide that an escrow draw account has been provided in the full amo.unt o.f the Project and is maintained by Owner's lending institutio.n and subject to mo.nthly draw requests by the Co.ntracto.r. VI. INSPECTIONS: Co.ntractor and Subcontractors shall call fo.r, and keep a record o.f all required inspectio.ns upo.n the Project. Co.ntractor shall keep a copy of required building pennits far the Pro.ject. VD. SUBCONTRACTORS: A Subcontracto.r is a perso.n o.r entity who. has a direct contract with the Co.ntracto.r to. perfo.rm any o.fthe wo.rk at the site. Each Subcontracto.r shall· be directly bound to. the Co.ntracto.r to. the extent o.f the work he co.ntracts to. perfarm in light o.f the o.verall contract plans, specificatio.ns, applicable codes and his subcontract. Since the Co.ntractor has entered into. a' specific agreement with his Subcantractors, the Co.ntracto.r has the right and duty to enfarce the terms o.f each subco.ntract, the need to o.versee the progress o.f the Subcontractor and the responsibility to. regulate that Wo.rk. 3 TIHK-IO-r-¿lOlOö 1¿',)1O I.U.J' vm. SAFETY AND INSURANCE: lJ00129 The Contractor shall be responsible for overseeing the initiation, maintenance and supervising of safety precautions of the Project. The Contractor shall coordinate the work with his Subcontractors to insure the safety of employees, material men, the public and the property at the site and directly adjacent to it. The Owner shall be responsible for pmchasing and maintaining his own premises liability insurance, and must purchase and maintain operations coverage. The Owner shall purchase property coverage for his own benefit, the interest of the Contractor, Subcontractors and others shall insure against the perils of fire and extended coverage and shall maintain "All Risk" coverage including physical loss or damage, theft, vandalism and malicious mischief. Contractor and his Subcontractors shall carry contractor's general liability and required workmen's compensation coverage for their particular trades under this Contract. Owner shall have no responsibility to insure Contract and/or Subcontractor's equipment and tools. Neither Contractor nor Owner shall have any responsibility for loss of use in the event of loss. Contractor and his Subcontractors shall indemnify and hold owner hann1ess from any and all claims, to include attorney's fees, relating to this Project and the respective work perfonned on the Project resulting in loss or damage to any party as a result of Contractor of Subcontractor's negligence. IX. CHANGE ORDERS A change order is a written order signed by both the Owner and Contractor issued after execution of the Contract authorizing a change or adjustment to the Contract. A change order mayor may not adjust the contract price and must be indicated on the ord~r itself. Charge for Change Orders will be $100 per hour on any change after commencement of Project. Minor changes in the work, agreed upon by the parties beforehand, require acknowledgement by the parties perfonning that work in writing, whether or not a change order is issued. ' Any changes to the home will add time to the completion of the home. x. CONCEALED CONDmONS Any concealed or unknown conditions discovered relating to the Project, whether unforeseen or unknown to the parties at the execution of this Agreement, shall not be the responsibility of the Contractor or Subcontractors. This includes physical conditions below the ground that may be found after co~encement of the 4 ~""O¡;"'1' 30 v v,."..,!! Contract. Solution to such matters ICquires a decision by Owner and Contractor within thirty (30) days of discovery to shut down of the Project. XI. TERMINATION OF TIlE CONTRACT: Prior to the termination by any party, he first must contact the other party in regard to claims justifying such action and discuss possible alternatives to such actions. Tennination of the Contract may be initiated by either Contractor or Owner for good cause shown, if either party determines with reasonable certainty that the Project cannot be completed as agreed, according to the terms of this Agreement. In the event of a dispute arising as to whether temúnation may be allowed, it shall first be subject to mediation, the parties mutually agreeing to a mediator, the costs of which are to be divided equally between Contractor and Ownèr. XII. SUCCESSORS AND ASSIGNS: The Owner and Contractor each binds himself, his partners, successors, assigns and legal representatives to the other party hereto and to the partners, successor's assigns and legal representatives 0 such other party in respect to all covenants, agreements, change orders, and obligations obtained in the Contract documents. Neither party to the Contract shall assign the Contract or sublet it as a whole without written consent of the other party. XIII. COMPLETION OF CONTRACT: Contractor shall submit written Notice of Substantial Completion to the Owner at least fifteen (15) days in advance of anticipated completion of the Project. Owner shall immediately make arrangements with Contractor to perform a walk through of the dwelling and complete a "Final Punch List" of items that need completion, corrections, or adjustments. Contractor shall see that these punch items are addressed as quickly as possible. Contractor' estimates the time of substantial completion to be one hundred, eighty (180) days to two hundred, ten (210) days from commencement of the Project. The Contractor agrees to redo any work performed that does not conform to the drawings, specifications and applicable building codes. 5 ÙOû13j. XIV. WARRANTY: Contractor warranties that all work peñormed by Contractor and Subcontractors shall be completed in a good and workmanlike manner. Contractor warranties for a period of one (1) year from the date of substantial completion that all plumbing, heating, electrical and all other work on the Project shall be free from defects and shall operate properly and agrees to remedy any defects. Voluntarily entered into by both Owner and Contractor 85 referenced below. Signed and Acknowledged: OWNER: Name of Company Name of Indhiduals B...~·..d Victoria ÅJ80I BY: Date: BY: Date: CONTRACTOR: WESTERN HOMES, INC. RUSSELL E. REINHART B;~~~~ Dale, au, ð{ µOr ð//~/~1 /I1.ud WI'~ MJ ~5, ~ ~ ~ I r"e.- øl-f- A- ~ ~.I"3~ ~§: ~/ ~ ~ ../..ð -6~ by' ø1F à ~~ ~nØl A;,f ~ ~ ~~ µJ. W-~ ~~ r ~t,¥R~w¡'· '..~ /d/;-ç./I'f ;mMt ~.~ ~ ~~Jff~ ~. tÞ-/; ~.,¡ýt ~ ~þ ~,,mtJ.¡Jö µlv ~ ~ I/~;;:tð ~ ~ tJ-..., ~ (JPt(}Y' eJM.k 6f~, ~ ~ þ ~ w v-- Þ . -4 J.IlA:r \ 6-o4<:_-jÞ..L~ ~..~r ~ ð-I6Pf-, ~~ ~ EXTINCTIONS OF CONTRACT AGREEMENT Extinction of contract for labor and material $5,940.00 Extinction for Stewart Country Club Estates Phase 2 Lot 53. f~t¿~~.. Russell E. Reinhart WESTERN HOMES P. O. Box 217 Grover' WY 83122 VUV1~¡'~ 1 MRR-0~ ---- 12:35 '.13 Bid Sheet Western Homes 000133 Name RIck Amos Date 03I04I08 Bids Is good for 30 days from date Coat DnIwa 1.Matertal Packaae $ 4,059.00 2. Trusses 3. Dercent on NC heating $ 1.140.00 4. Plains StBwart 5. Power TemD 6. AlC Heating 7. Mirrors 8. Front door 9. exterior WlT:idows 10. exterior Doors 11. Interior Doors 12. Garage Door 13. Ba8ement Windows 14. ShqwerdOor & glass 15. BulldlliQ Dennlt 16. Inspection by County 17. Excavating 18. Foundatton $ 3.641.00 $ 2.423.00 19. Framing 20. Seøtlc I System 21. Waterproofing- 22.Floor and title $ 8.304.00 23. Roofing Labor 24. InsulatlonLaborlMaterial 25. Plumbing Labor $ 1428.00 26. Sump-Pump 27. Electrical (Cove)heat $ 1840.00 - 28; Drvwal Labor/Materiel 29. Paint Interior $ 1 000.00 30. Paint exterior (Sain) 31. Flniah Caraentv $ 500.00 32. Sldin«: labor 33.Soffet a$Ol8 Labor 34 .Front Deck 35. Beck Deck pine $ 1.000.00 36. Clean $ 600.00 37.percent on flooring $ 800.00 38._ EaulDment Rental . 39. DumD8ter 40. Water Closet Tiolet 41. Ryan LloYd,bllllng $ 750.00 42,Sale Tax Materials 43.Gasllnes no allowance 44. FireDlace Mantle no allowance 45. Fireplace gas no ellow8nce 46. Door Haråwàre $ 360.00 allowance 47. Counter TODS $ 1 700.00 allowance 48. Flooring 2.000.00 allowance 49. Vanities & Mirrors 900.00 allowance 50. EIecbic Fixture 760.00 allowance 51. Appliances 900.00 allowance 52. Plumbing Fixture allowance 53. Shower door aUowance 54. Cabinets $ 3 600.00 allowance 55. x Contractor Comminsslon $ 6.193.00 57;Water & Sewer hook UD Total $ 11.869.00 $ 26.009.00 ,$ - $ - Plains Stewart redraw $350.00 Heat & AlC $8544.00 76% of bid TnTClI p 1~