ALJDEC

00F-M1727-ROC-rhg · Registrar of Contractors · 2001-03-02

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 21, 2001; March 2, 2001; Phoenix, Arizona APPEARANCES: Force Contracting of Arizona Corporation: Marshall C. Sanders, Esq. J.A.C., Inc.: Michael A. Georgopapadakos, Corporate Representative ADMINISTRATIVE LAW JUDGE: George A. Schade, Jr.

This is a proceeding involving payment for labor and materials brought pursuant to Arizona Revised Statutes (“A.R.S.”) § 32-1154. A hearing was held on February 21, 2001, and a further hearing was held on March 2, 2001. During the hearing held on March 2, 2001, the parties recessed and conferred in private at length. As a result of their discussions, the parties reached a mutual resolution. Parties may resolve a contested case by agreed settlement.[1] Based upon the agreement of the parties, Administrative Law Judge George A. Schade, Jr. submits this Recommended Decision and Order to the Arizona Registrar of Contractors (“Registrar”). The terms of the agreement were formalized in the record of the hearing. The terms of the agreement are: 1. Both parties agree to dismiss with prejudice any and all claims that each party may have against the other arising out of the following five contracts: A. Tempe High Schools Ballfields (four High Schools). B. Chandler Senior Center. C. Phoenix Civic Plaza. D. Mesa Community College Ballfields and Dugouts. E. City of Chandler Hoops and Shawnee Public Park. 2. J.A.C., Inc. (“J.A.C.”) will pay the amount of Five Thousand Dollars and No Cents ($5,000.00) to Force Contracting of Arizona Corporation (“Force”), by corporate check, on or before Thursday, March 8, 2001, at 5:00 P.M. 3. Mr. Georgopapadakos will call Mr. Sanders’ office to make the arrangements for a messenger to pick up the check at J.A.C.’s office. 4. J.A.C. waives payment of the amount of $4,608.00 which the Registrar directed Force to pay to J.A.C. arising out of Citation and Complaint No. 00F-M1727-ROC. 5. Force withdraws Complaint No. M00-1727 that Force filed against J.A.C. 6. J.A.C. withdraws Complaints No. M00-1829 and M00-1829X that J.A.C. filed against Force. 7. Each party shall bear its own attorney’s fees and costs. RECOMMENDED ORDER It is recommended that the Registrar: 1. Accept and approve the agreement of the parties. 2. Dismiss Citations and Complaints No. M00-1727, M00-1829 and M00- 1829X, as these matters have been mutually resolved. 3. Lift the stay of the suspension of Force’s License No. 152614, Class K-02, and License No. 151418, Class K-57, and vacate any imposition of a suspension arising out of Cases No. 00F-M1829-ROC and 00F-M1829X-ROC. SUBMITTED this 2d day of March, 2001.

George A. Schade, Jr. Administrative Law Judge The original Recommended Decision and Order of the Administrative Law Judge was mailed on March 5, 2001, for distribution to the parties, to:

Michael P. Goldwater Arizona Registrar of Contractors 800 West Washington, 6th Floor Phoenix, Arizona 85007

George A. Schade, Jr. ----------------------- [1] A.R.S. § 41-1092.07(F)(5).

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