ALJDEC

01F-1847-ROC · Registrar of Contractors · 2001-11-26

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: November 21, 2001 APPEARANCES: Art Bourque, Esq., on behalf of the Complainant Dan Campbell, Esq. on behalf of the Respondent ADMINISTRATIVE LAW JUDGE: Allen Reed _____________________________________________________________________ Findings of Fact 1. During the course of the hearing but before the close of the evidentiary record, the parties concluded a settlement of the issues raised in the complaint. 2. Under the general terms of the a Settlement Agreement (Agreement), the parties give full and complete mutual releases to each other. The Complainant withdraws its complaint and releases the Respondent from any warranty claim for work done by the Respondent or the Respondent’s subcontractors. The Respondent releases the Complainant from any claims for money owed to the Respondent, its subcontractors or material suppliers (the application of the provision as to subcontractors or material suppliers is more properly in the context of indemnification). 3. By virtue of the Agreement, all rights and defenses of the parties are merged therein and if any petition for further hearing or rehearing is to be filed and granted, or if any new complaint is filed, the sole issue for determination will be whether the parties have performed their respective obligations under the terms of the Agreement. 4. The Agreement appears fair and reasonable under the circumstances and was the product of knowing and voluntary action by the parties. The Agreement is incorporated into this Recommended Decision by reference, as if fully set forth herein. Conclusions of Law 1. The law favors settlement of disputes and parties should be free to enter into such settlements, which should be given effect by all tribunals. 2. The Agreement is found to be reasonable and voluntarily made. It warrants a closing of the hearing and the Citation and Complaint. Recommended Order In view of the foregoing it is recommended that the Citation and Complaint upon which it is based, be closed.

Done this day, November 26, 2001

______________________________________ Allen Reed Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2001, 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 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826