ALJDEC

00F-0324-ROC · Registrar of Contractors · 2000-01-21

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: January 21, 2000 APPEARANCES: Complainant : The Homeowners, Luis and Jose Gonzalez, appeared at the hearing pro se. Respondent : Jeffrey Paul Shearon, Owner of J S P Construction, appeared pro se. Interpreter Services: Esther Vaglio, a Friend of the Gonzalez family, and Luciana Gonzalez, the Homeowners’ Sister-in Law, provided Spanish language interpreter services. ADMINISTRATIVE LAW JUDGE: Gary B. Strickland _____________________________________________________________________

FINDINGS OF FACT

1. The hearing convened as scheduled on January 21, 2000 at 9:00 A.M. at the Office of Administrative Hearings in Phoenix, Arizona. During the hearing, the parties manifested movement in the direction of a resolution of the issues that had resulted in Complainants having filed their complaint. The parties were, therefore, afforded the opportunity to craft a settlement agreement, the essential terms of which were read into the record. For purposes of determining this matter, the obligations of the parties under the settlement agreement set forth below, if accepted by the Director of the Arizona Registrar of Contractors, are binding on each other. 2. Pursuant to the parties’ stipulation and agreement, Respondent agrees as follows: (1) To complete the rehabilitation repairs which he/it has undertaken at the residence situated at 6040 South 10th Street, Phoenix, Arizona pursuant to the Allstate Insurance Company itemized estimate, Hearing Exhibit A; (2) to pay Complainants the sum of $800.00 on the day of hearing; (3) that all repair work will be completed within 30 days from the hearing date; (4) that the Respondent contractor will pay an additional $3,200.00 to Complainants prior to the end of the 30 day period within which all necessary repair will be completed. The $800.00 and $3,200.00 represents satisfaction of Respondent’s verbal agreement to reimburse Complainants for monthly rental payments made by Complainants (September 1999 through January 2000) for alternative living arrangements necessitated by the Contractor’s delay in the completion of the project. Complainants, in turn, agree (1) to cooperate in efforts made to complete the job; (2) to withdraw their complaint in consideration for Respondent’s payment and agreement to finish the rehabilitation of the home within the established time frame. The parties stipulate that by this agreement neither party has, in any particular or to any effect, waived respective contractual rights. Both parties acknowledge that they enter into this stipulation and agreement voluntarily and upon a presumption of good faith. 3. The parties have agreed that all rights and defenses relating to this matter are merged into the stipulation and agreement and should any petitions for rehearing be filed and granted, or new complaints filed, the sole issue for determination shall be whether the parties have performed their respective obligations under the terms of the stipulation and agreement executed by them at the hearing. 4. The terms of the foregoing stipulation and agreement appear reasonable under all the circumstances and this agreement is hereby determined the product of knowing and voluntary action on the part of each party.

CONCLUSIONS OF LAW

1. The law favors the settlement of disputes and adverse parties should be free to adjust their differences by entry into agreements and stipulations of settlement which should be recognized and given effect by relevant tribunal(s). 2. The settlement reached and crafted by the parties during the hearing of this matter and which has been submitted into the record at hearing is found to be reasonable and voluntarily made.

RECOMMENDATION

IT IS RECOMMENDED that the stipulation and agreement entered into by the parties hereto be approved and that Citation No. 00-0324, together with the Complaint upon which it is based, be closed.

Set forth this 21st day of January in the year 2000.

______________________________________ Gary B. Strickland Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2000, to:

Registrar of Contractors Michael P. Goldwater ATTN: Joyce Armijo 800 West Washington, 6th Floor Phoenix, AZ 85007

By ___________________________

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Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826