Pam and Keith Condon 62 PARK DRIVE BROOKLYN, YARMOUTH, N.S. 31 MARCH 2023

SIGNED CONTRACT

P.O. Box 166 Tusket, Nova Scotia B0W 3M0

Phone (902) 648-3307 Fax (902) 648-0167 [email protected] www.garian.ca January 3, 2023

This Construction Contract is being entered into between Keith Condon & Pam Condon (“Owner”) and Garian Construction Ltd. (“Contractor”) (collectively, the “Parties”). The effective date of this Construction Contract will be the last date of signature below. This Construction Contract, along with incorporated documents referenced herein, sets forth the terms and conditions agreed to between the Parties relating to construction of a new house by Contractor for Owner. Owners Keith Condon and Pam Condon are individuals, the legal owners of the property on which construction will be completed under this Construction Contract, with contact information as follows: Name

Cell

Email

Mailing Address

Keith Condon

902-749-6060

[email protected]

PO Box 674 Stn Main Yarmouth, NS B5A 4B6

Pam Condon

902-749-6113

[email protected]

PO Box 674 Stn Main Yarmouth, NS B5A 4B6

Garian Construction Ltd. is a duly licensed general contractor in good standing, with contact information as follows: Ian McNicol

President

[email protected]

Cell # 902-648-7642

Alex Dennis

Project Coordinator/Estimator

[email protected]

Cell # 902-240-2733

Shelley Nickerson Office Manager Civic Address

[email protected] Cell # 902-740-4251

4200 Highway 308, Tusket Nova Scotia, B0W 3M0

The site for the construction to be completed under this Construction Contract is as follows: •

PID 90318262, 62 Park Drive, Brooklyn Nova Scotia

P.O. Box 166 Tusket, Nova Scotia B0W 3M0

Phone (902) 648-3307 Fax (902) 648-0167 [email protected] www.garian.ca

Garian Construction Ltd. agrees to provide all the necessary labor, equipment, and materials in accordance with the attached Project Details and Drawings and additional specifications as may be needed and initiated by the parties and attached hereto. Work shall occur within thirty (30) days after receipt by contractor of all necessary building permits. Any alteration or deviation from the attached details, specifications and drawings which involve additional costs, will become an extra charge over and above the cost of the original agreement. Contractor cannot be held responsible for any delays that may occur caused by weather or by outside sources by which the contractor has no control over. Scope of Work See attached proposal dated October 25, 2022. Acknowledgements Owner acknowledges that he/she has read and received a legible copy of this agreement signed by the Contractor, including Terms and Conditions, before any work has been performed, and that he/she has read and received a legible copy of every other document that the Owner has signed during the negotiation. Quality All material is guaranteed to be as specified. All work shall be performed in a good and workmanlike manner per industry standards and shall follow the drawings issued for construction and scope of work. Insurance The contractor shall always carry the following insurance coverage: Public Liability (minimum $5,000,000) and Workers Compensation. The Contractor shall also require each of its subcontractors to carry liability insurance and Worker's Compensation, or, if the subcontractor is unable to carry Worker's Compensation, the Contractor shall require the subcontractor to be covered under Contractor's Worker's Compensation policy. The contractor will maintain an all risk (builder’s risk insurance policy) once an occupancy permit is received from the local building official, the Contractor will notify the Owner to place their home insurance policy in place. Liens The Contractor shall promptly pay all sums owed to laborers, subcontractors, and suppliers who supply labor and/or materials for the work and shall indemnify, hold harmless, and defend the Owner and the property on which the work is located from mechanic's and materialmen's liens.

P.O. Box 166 Tusket, Nova Scotia B0W 3M0

Phone (902) 648-3307 Fax (902) 648-0167 [email protected] www.garian.ca

Payments The Owner agrees to pay all payments according to the payment schedule detailed below. Should said payment(s) not be made, or if satisfactory arrangements for payment have not been made, the Contractor reserves the right to stop all work until such time as payment is rendered or satisfactory payment arrangements have been made. Total completion price for this project: $ 966,995.00 Plus HST The owner will make payment to the contractor, minus a 10% Holdback as required by provincial construction lien legislation, as follows

Payment 1 – $250,000.00 – January 31, 2023 – Sitework, Foundation, Exterior Walls Framed, Trusses Installed Payment 2 – $320,000.00 – March 31, 2023 – Exterior Finishes (Half), Slabs/Underground, Windows/Doors Payment 3 – $320,000.00 – April 30, 2023– Exterior Complete, Insulations, Interior Finishes (Some) Payment 4 – $222,044.25 – June 30, 2023 – Estimated Completion Date Payment 5 - $ Extras & Credits – Due Upon Substantial Completion Date of Project Payment of holdback upon substantial performance of the work.

Guarantee The Contractor hereby guarantees that the work shall be free from defects in workmanship for one (1) year from the date of completion of the project. The guidelines of the warranty are as per Atlantic Home Warranty Program (AHWP), the Owner will receive a copy of this at the completion of the project. Materials are warranted as specified by individual manufacturers and not by the Contractor.

Building Codes All work performed under this agreement shall comply with applicable building codes. Any additional work required by the Building Department beyond the agreement of this contract is not the responsibility of the Contractor.

P.O. Box 166 Tusket, Nova Scotia B0W 3M0

Phone (902) 648-3307 Fax (902) 648-0167 [email protected] www.garian.ca

Change Orders The Owner may, from time to time during the progress of work, request changes in the work specified above. If the Owner agrees to an appropriate increase or decrease in the contract amount because of the requested change(s), the work shall be performed. Agreements made by the Owner with vendors or subcontractors on the job are not recognized. All changes in the work requested by the Owner should be directed to the project manager. Independent Contractors The relationship of Owner and Contractor created by this agreement shall be that of independent contractors and not one of joint venture, partnership, or employment. Completion Date The contractor shall complete all work required by this agreement by June 30, 2023. If the Contractor is prevented from his obligations by reason of fire, flood, rain, windstorm, strike, shortage of materials and/ or labour forces, or other event beyond the control of the Contractor, the time for completion set forth above shall be extended by a period equal to the period in which the Contractor is so prevented from performing. Finance Charges Any contract payment or invoice amount not paid by the due date shall be considered delinquent and shall bear interest at the rate of one and one-half percent (1 1/2%) per month on the outstanding balance. If steps shall be taken, whether by suit or otherwise, to collect any sum including interest which has become delinquent, the Owner agrees to pay all costs thereby incurred, including any reasonable collector's fees, attorney fees, and court costs. Existing Conditions We make no representation of existing conditions and assume no responsibility of condition for any of the Owner's equipment that may or may not be relocated or affected by our work, unless such conditions are caused by an act of negligence on our part.

P.O. Box 166 Tusket, Nova Scotia B0W 3M0

Phone (902) 648-3307 Fax (902) 648-0167 [email protected] www.garian.ca

Underground Inspections It is unknown by all parties, if any underground obstructions other than those stated in the text of this contract exist. If any such obstructions are found and must be removed from the site work area, the movement of which obstructions caused an increase in the cost of the contract, then those costs shall be incurred by the Owner. This provision shall not apply to anticipated roots of trees. It is acknowledged that there has been no soil stabilization test done on the subject site. If a test is requested by the Owner, or by local authorities (for example, the Building Department), the Contractor shall have such a test performed by a licensed engineer. All costs involved in this testing shall be the responsibility of the Owner. Deliveries It is acknowledged that the Contractor shall need to have heavy trucks picking up and delivering materials for the above-described work. The Owner acknowledges this fact and releases the Contractor from liability for possible damage to landscape; sprinklers; driveways (e.g., cracking or sinking); or sidewalks, where applicable. Advertising It is acknowledged that the Contractor shall install a yard sign to facilitate delivery of materials, as well as advertise. The Contractor shall have the right to photograph its work and use the photographs for promotional purposes and other advertising media. The Contractor shall not advertise client names unless prior approval has been obtained from the client. We shall add client names to the current Past Clients List, to be provided to potential clients, on request, as references. Utilities The Contractor has included costs for temporary electrical set up, water, toilet and telephone. The Owner is responsible for electrical poles if required and power to site and for the cost of power incurred during construction. Materials Selection We ask that selections of finishes, fixtures, and all other material be provided when required by the contractor. Not providing selections within the required time frame will extend the life of the project and may increase the Owner's contract price. We assume no responsibility for any delays caused by selection of materials that are not locally and immediately available.

P.O. Box 166 Tusket, Nova Scotia B0W 3M0

Phone (902) 648-3307 Fax (902) 648-0167 [email protected] www.garian.ca

Other Owner Responsibilities As a homeowner, you can help to ensure that your project goes smoothly by doing the following: A) Designate one person to be the Owner's point of contact. This person shall be kept informed of the job's progress and shall be provided answers to questions as they arise. B) Direct all questions to the Contractor's project manager or site foreman and avoid trying to resolve questions or problems with workers, subcontractors, vendors, or other individuals on or off the job site. C) Make all changes to the original contract in writing and ensure that an "Additional Work Request" form is completed and signed before those changes are made. Site visits made by the owner during the regular work schedule are to be coordinated with the project manager. Owner Supplied Items All materials supplied by the Owner are to be on site when specified by the project manager. It is the responsibility of the Owner to ensure that owner-supplied items are in good and sufficient condition to be installed and that all necessary parts to install such items are present. The Owner bears all responsibilities pertaining to the condition, performance, and warranties of owner-supplied items. The Contractor shall install owner-supplied items "as is" and shall bear no responsibility, either explicit or implied, for the item or for its condition, performance, or warranty. Final Cleaning by Contractor Remove waste products and construction debris (other than that caused by the Owner). Remove surplus products, tools, construction machinery and equipment. Remove stains and dirt from decorative work, electrical and mechanical fixtures, furniture fitments, walls, and floors and ceilings. Vacuum and broom clean. Clean up and make good exterior grades and surfaces after removal of temporary access and facilities. Remove visible labels left on materials, components, and equipment. A “professional” cleaning service by a recognized cleaning company is not included Demonstration of Systems & Equipment Give a complete demonstration of all systems and equipment in the presence of the Owner. Responsible personnel representing the Subcontractor responsible for the Work being demonstrated shall be present at each demonstration. Specifications We hereby propose to furnish all materials, except as noted, and perform all labor necessary for completion of the project as indicated in the above description, attached details, specifications and drawings.

P.O. Box 166 Tusket, Nova Scotia B0W 3M0

Phone (902) 648-3307 Fax (902) 648-0167 [email protected] www.garian.ca

Disclosure The above prices, specifications, terms, and conditions are satisfactory and are hereby accepted. The Contractor is hereby authorized to perform the work as specified. Payment shall be made as outlined above.

It is recognized by both parties that the primary residence of Keith and Pam Condon is listed for sale. In the event there is no sale by March 31st 2023, it is understood that construction delays may be necessary and that the payment schedule will be adjusted accordingly. These changes will be mutually agreed with sufficient notice.

SIGNATURES

January 2023. DATED this ____ 3rd day of ___________ ______________________________________ CONTRACTOR

DATED this 3rd day of January 2023. ______________________________________ OWNER