ALJDEC

00F-RF0119-ROC · Registrar of Contractors · 2000-02-15

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 15, 2000, at 8:30 a.m. APPEARANCES: The Plaintiffs appeared through Javier Blanco. The Defendant appeared through his attorney, Brenda Lee. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for hearing on February 15, 2000. The Plaintiffs appeared through Javier Blanco. The Defendant appeared through his attorney, Brenda Lee. 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. The Plaintiffs are found to be an “injured person” as defined by statute and are found to be entitled to receive payment from the Contractors’ Recovery Fund for damages sustained as a result of the Defendant’s acts or omissions. 2. The Defendant’s contracting license has been previously revoked by Order of the Registrar of Contractors. Such revocation is determined to render this Defendant unable to remedy the violations of the State’s contracting laws which gave rise to the instant claim for damages. 3. Based upon credible evidence produced at hearing, it is found that a proper and reasonable amount payable to the Plaintiffs from the Contractors’ Recovery Fund, for the Plaintiffs’ actual damages, is the sum of $10,196.36 representing the lowest complete bid for the drilling of a new water well. Credible testimony, presented at hearing, established that the bid for salvage was incomplete in that there was no guarantee that the salvage attempt could be completed for the estimated price nor was there any guarantee that any salvage attempt would be successful. 4. Credible testimony established that, while there was no guarantee that a new well would be successful, there was a strong probability that a new well would be successful and that the drilling of a new water well is the only available option that will completely resolve the Plaintiffs’ damages.

CONCLUSIONS OF LAW

1. A.R.S. §32-1132(A) provides, in part, as follows: “There is established the residential contractors’ recovery fund,…, from which any person injured by an act, representation, transaction or conduct of a residential contractor, which is in violation of this chapter or the rules adopted pursuant to this chapter, may be award in the county where the violation occurred an amount of not more than twenty thousand dollars for damages sustained by the act, representation, transaction or conduct. An award from the fund is limited to the actual damages suffered by the claimant as a direct result of the residential contractor’s violation but shall not exceed an amount necessary to complete or repair a residential structure or appurtenance within residential property lines…,” 2. Under the facts and circumstances of this matter, the Registrar of Contractors is empowered to determine and award proper payment to the Plaintiffs from the Contractors’ Recovery Fund pursuant to A.R.S. §32- 1154(E). 3. The credible evidence of record supports an award from the Contractors’ Recovery Fund to the Plaintiffs in the sum of $10,196.36 all of which shall be appropriately chargeable against the Defendant and/or persons on the Defendant’s license as set forth in A.R.S. §32-1139(B)

RECOMMENDED ORDER

In view of the foregoing, it is recommended that the Registrar of Contractors shall commence and finalize payment procedures from the Contractors’ Recovery Fund to the Plaintiffs in the total amount of $10,196.36 for damages. Done this day, February 18, 2000.

______________________________________ M. DOUGLAS Administrative Law Judge

Original transmitted by mail this ____ day of February, 2000, to:

Michael P. Goldwater, Director Registrar of Contractors 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