ALJDEC

00F-P0026-ROC · Registrar of Contractors · 2000-03-31

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: March 21, 2000, at 11:00 a.m. APPEARANCES: The Complainant appeared on his own behalf. The Respondent appeared through its authorized representative, Julian Tucker. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for hearing on March 21, 2000. The Complainant appeared on his own behalf and the Respondent appeared through its authorized representative, Julian Tucker. Evidence and testimony were presented and, based upon the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order are made:

FINDINGS OF FACT

1. Respondent is the holder of a Class KB-02 License issued by the Registrar of Contractors. 2. This is a residential matter where the Respondent performed construction work on the Complainant’s residence. 3. The Complainant was dissatisfied with the Respondent’s workmanship and failure to correct its work despite repeated requests that it do so. The Complainant then filed a formal complaint, against the Respondent, with the Registrar of Contractors. 4. Pursuant to the filing of the formal complaint, an assigned Agency Inspector conducted an on-site inspection and issued a written corrective work order directing the Respondent to perform designated corrective work on the Complainant’s residence. 5. The Respondent performed corrective action on the Complainant’s residence but failed to substantially comply with the terms and conditions of the corrective work order. 6. The following items were shown to constitute unacceptable workmanship, attributable to, and requiring the proper accomplishment of corrective action by, the Respondent: g) There are numerous drywall cracks throughout the interior of the residence, including drywall cracks in the family room, dining room, child’s (“Amber’s”) bedroom, living room, master bedroom, master bath, master retreat and child’s (Brandon’s) bathroom. The Respondent shall properly correct all interior drywall cracking and cause all interior drywall repairs to be properly touched-up. h) Previous interior repairs have not been properly touched-up. The Respondent shall properly touch-up all interior repairs that have been performed on the Complainant’s residence. i) There are nail holes and nail pops in the drywall along the floor throughout the residence. Credible evidence established that these nail holes and nail pops were caused by the Respondent’s actions. The Respondent shall cause all nail holes and nail pops along the floors to be properly corrected. j) The Respondent inadvertently splashed paint onto the Complainant’s window drapes and curtains. The Respondent shall cause the damaged window drapes and curtains to be properly cleaned or replaced. k) Baseboard has not been installed along all of the walls where vinyl flooring has been installed. The Respondent shall properly install the baseboard. l) The parties’ agreement calls for the Respondent to cause the residence to be pre-treated for termites. The Respondent has not caused this to be done. The Respondent shall, utilizing a properly licensed contractor, cause the Complainant’s residence to be properly pre- treated for termites. 13. Notice is taken of the Respondent’s prior License record with the Registrar of Contractors.

CONCLUSIONS OF LAW

1. The credible evidence of record established violations by the Respondent of the provisions of A.R.S. (32-1154 (A) (23) and (3); namely, Rule R4-9- 108.

RECOMMENDED ORDER

In view of the foregoing, it is recommended that the Respondent’s Class KB-02 License shall be suspended until the Registrar of Contractors receives proof that the Respondent has properly caused the accomplishment of the corrective actions set forth above in Finding of Fact Nos. 6(a) through 6(f), inclusive. It is further recommended that if the Respondent properly accomplishes the above described corrective action, on or before the effective date of this Order, then the above provided License suspension shall not take place and Citation No. P00-0026 shall be closed. Done this day, April 5, 2000.

______________________________________ M. DOUGLAS 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 100 N. Stone Ave., Suite 704 Tucson, Arizona 85701 (520) 628-5488