ALJDEC

00F-T0019-ROC · Registrar of Contractors · 2000-02-23

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 23, 2000, at 8:30 a.m. APPEARANCES: The Complainants appeared through Todd Case. The Respondent appeared through its president, Wissam Kaddoura. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for hearing on February 23, 2000. The Complainants appeared through Todd Case and the Respondent appeared through its president, Wissam Kaddoura 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 B- License issued by the Registrar of Contractors. 2. This is a residential matter where the Complainants purchased a new residence constructed by the Respondent. 3. The Complainants were dissatisfied with the Respondent’s workmanship and failure to correct its work despite repeated requests that it do so. The Complainants 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 Complainants’ residence. The Complainants then added items to their complaint and the assigned Agency Inspector conducted an on-site inspection and issued a second written corrective work order directing the Respondent to perform corrective work on the Complainants’ residence. 5. On November 3, 1999, the Complainants filed an addendum to their complaint adding 4 additional items. The assigned Agency Inspector conducted another on-site inspection for the added items 6. Credible evidence, presented at hearing, established that the Respondent did perform adequate corrective action on all of the items set forth in the complaint, as amended, with the exception of the driveway. 7. The Complainants’ driveway is a large (approximately 3000 square feet) concrete driveway. Credible evidence, presented at hearing, established that the concrete driveway displays unacceptable cracking, compound cracking, deflection of concrete sections, and that the concrete driveway has failed structurally and that it does not comply with applicable minimum industry standards. 8. A homeowner need not suffer through a seemingly endless succession of inadequate and/or ineffective repair efforts by a contractor. 9. The Respondent shall properly replace the concrete driveway. 10. 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) (3); namely, Rule R4-9-108. . . . . . . RECOMMENDED ORDER

In view of the foregoing, it is recommended that the Respondent’s Class B-License shall be suspended until the Registrar of Contractors receives proof that the Respondent has properly caused the replacement of the Complainants’ concrete driveway. 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. T00-0019 shall be closed. Done this day, March 2, 2000.

______________________________________ M. DOUGLAS Administrative Law Judge

Original transmitted by mail this ____ day of March, 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