ALJDEC

00F-L0023-ROC · Registrar of Contractors · 2000-03-10

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: March 8, 2000 APPEARANCES: Bryan and Donna Baker, Complainants, in their own behalf

Martin Dreager, Respondent, in his own behalf ADMINISTRATIVE LAW JUDGE: Allen Reed _____________________________________________________________________

Findings of Fact

1. On October 12, 1998, the Complainants and Respondent entered a contract whereby the Respondent would build the Complainant’s home in Lake Havasu City, according to plans submitted by the Complainants. 2. The home was built and a certificate of occupancy was issued on June 24, 1999. The Complainants moved in shortly thereafter. 3. The Complainants noted numerous problems with the home and on August 24, 1999, filed a complaint with the Registrar of Contractors (Registrar). The complaint had an attachment with 65 items listed as problems. 4. On September 15, 1999, Inspector, Cliff Corlett (Corlett), inspected the home and noted 23 items which needed correction. Corlett issued a Corrective Work Order (CWO), to the Respondent on September 17, 1999. 5. The Respondent corrected some of the items but others remain to be done. According to the Respondent, he has had a difficult time getting the responsible subcontractors to do the work. 6. Items which remain to be corrected include: G. A stain in the bedroom ceiling due to a roof leak; H. Stucco needs to be completed on the sun deck; I. Finish the painting of the parapet and sun deck; J. Repair and finish painting the outside spiral staircase; K. Correct the weather seal gap and movement at the bedroom French doors which activates the alarm; L. Properly repair or replace the chipped kitchen countertop tiles; M. Replace the bathroom sinks and toilet in the guest or master bathroom so that they will match. This was corrected but when the guest bath sinks and toilet were replaced, they were different than the master bath. (The Complainants are informed that any replacement for the sinks and toilet must be reasonably available so that any corrective work can be done in the time frame of the Registrar’s Order). N. Adjust or repair the by pass doors so that they will not slide open by themselves; O. Locate the cable outlet on the sun deck and make it accessible; P. Work has been done on the leak under the door into the garage. A new seal was put on the door. At this time it is unknown if this corrective action is effective. It is unknown if it was water tested; Q. The garage slab does not require any correction at this time although mesh was to have been used to reinforce the concrete and give the floor extra strength. The parties are informed that the slab must be able to support the Complainant’s “fifth wheel” trailer which they will place on the slab. Any failure of the garage floor to provide the required support is subject to a new complaint; R. The parties have agreed to split the cost of a propane tank (175 gallon minimum). Conclusions of Law The allegations in the Citation and Complaint concern A.R.S.32- 1154(A)(3), violation of any rule, specifically A.A.C.R4-9-108 relating to workmanship, (A)(7), a wrongful or fraudulent act with substantial injury to another person, and (A)(23), failure to take appropriate corrective action.

1. The Respondent does not contest the facts as presented in the above findings. He contends that the corrective work was not completed because of problems with subcontractors but asserts that it will be completed within thirty days. 2. The Complainants are also in agreement with the findings and simply want the work completed. 3. Violations of A.R.S. §32-1154(A)(3) and (A)(23) are proven. No violation of A.R.S.§32-1154(A)(7) is found.

Recommended Order

In view of the foregoing, it is recommended commencing on the effective date of the Order entered in this matter that the Class B license of the Respondent shall be suspended until the Registrar of Contractors receives written proof that the Respondent has corrected the items as set forth in paragraph 6 (A-L) of the Findings of Fact;

It is further recommended that if the Respondent accomplishes the corrective work as required by the Registrar’s Order in this case, then the aforementioned suspension shall not take place and the Citation and Complaint upon which it is based shall be closed. Done this day, March 13, 2000

______________________________________ Allen Reed 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