ALJDEC

00F-2068-ROC · Registrar of Contractors · 2000-09-18

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: September 13, 2000 APPEARANCES: Complainant was represented by his attorney, Alan Spragins and Respondent was represented by its attorney, Fred Davidson. ADMINISTRATIVE LAW JUDGE: Mark A. Silver _____________________________________________________________________

FINDINGS OF FACT

1. Following a prolonged discussion between the parties, at a recess during the scheduled hearing, the parties concluded a settlement agreement, the essential terms of which were read upon the record.

2. The salient terms of the settlement agreement were as follows:

a. Respondent agreed to relinquish any claim for payment of the remaining balance due under the original contract entered into between the parties.

b. Complainant agreed to withdraw the instant complaint. c. The parties agreed to execute a full and mutual release which, among other items, shall indicate that both parties waive any right to file other legal actions or complaints against the other in regard to the shutter project at issue in the instant matter. d. The parties agree that Respondent will have no present or future “warranty” responsibilities for the shutters installed in Complainant’s home.

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. RECOMMENDATION

In view of the foregoing, it is recommended that Citation No. 00- 2068, together with the Complaint upon which it is based, be closed.

Done this day, September 18, 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 ___________________________

-----------------------

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