ALJDEC

00F-1518-ROC · Registrar of Contractors · 2000-07-31

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: July 27, 2000 APPEARANCES: Complainant was represented by his attorney, J. Greg Coulter and Respondent was represented by its attorney, Eric Mark. ADMINISTRATIVE LAW JUDGE: Mark A. Silver _____________________________________________________________________ Based upon the entire record in this matter, the following Findings of Fact, Conclusions of Law, and Recommended Order are made:

FINDINGS OF FACT

1. Following a very prolonged discussion between the parties, prior to commencing the instant hearing, the parties concluded a settlement agreement, the essential terms of which were read upon the record.

2. Pursuant to the terms of the aforementioned settlement agreement, Respondent agreed to pay Complainant the total sum of $1,000.00 on or before August 4, 2000. It was agreed that said payment would effectively resolve the issue of the height, only, of the perimeter fence constructed by Respondent on Complainant’s property. All warranties on Respondent’s workmanship are to remain in full force and effect. Moreover, the parties are aware that a one year punch list still remains to be completed by Complainant and thereafter properly addressed by Respondent. Complainant agreed to withdraw the filed complaint.

3. The parties agreed that all rights and defenses were to be merged into the settlement agreement and if any petition for rehearing of this matter was to be filed and granted, or if any new complaint was filed, the sole issues for determination shall be whether the parties have performed their respective obligations under the terms of the aforesaid settlement agreement.

4. The terms of the forgoing settlement appeared to be reasonable under all the circumstances and the agreement was determined to be the product of knowing and voluntary action on the part of each party. CONCLUSIONS OF LAW

1. The policy of the law favors settlements of disputes and adverse parties should be free to adjust their differences by entry into agreements or stipulations of settlement which should be recognized and given effect by all tribunals.

2. The settlement reached and submitted during the hearing of this matter, having been found to be reasonable and voluntarily made, warrants the termination of the instant hearing.

RECOMMENDED ORDER

In view of the foregoing, it is recommended that Citation No. 00- 1518, together with the Complaint upon which it is based, be closed.

Done this day, July 31, 2000

______________________________________ Mark A. Silver 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