ALJDEC

00F-RF0278-ROC · Registrar of Contractors · 2000-10-18

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: October 16, 2000, at 8:30 a.m. APPEARANCES: The Plaintiff appeared on his own behalf. The Defendant appeared on his own behalf. ADMINISTRATIVE LAW JUDGE: M. Douglas _____________________________________________________________________ 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 Plaintiff is found to be an “injured person” as defined by statute and is 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. The Defendant strongly opposed any pay-out from the Contractors’ Recovery Fund which would exceed the cost of re-coating the Plaintiff’s roof. 4. There was no dispute that the Plaintiff’s original complaint was based on the failure of the coating of the roof of his residence. However, credible evidence, produced at hearing established that because of the failure of the roof coating the underlying roof system suffered damage and that the replacement of the roof is necessary. 5. Credible evidence, presented at hearing, established that all of the licensed contractors that examined the Plaintiff’s roof declined to submit bids for repairs to the roof and instead submitted bids for the replacement of the roof. 6. Based upon credible evidence produced at hearing it is found that a proper and reasonable amount payable to the Plaintiff from the Contractors’ Recovery Fund, for the Plaintiff’s actual damages, is the sum of $5,691.00 representing the lowest complete bid for corrective action on the Plaintiff’s roof.

CONCLUSIONS OF LAW

1. A.R.S. Section 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 awarded 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 Plaintiff from the Contractors’ Recovery Fund pursuant to A.R.S. Section 32-1154(E). 3. The credible evidence of record supports an award from the Contractors’ Recovery Fund to the Plaintiff in the sum of $5,691.00 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. Section 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 Plaintiff in the total amount of $5,691.00 for damages.

Done this day, October 19, 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