ALJDEC

01F-2448-ROC · Registrar of Contractors · 2001-09-11

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

On September 11, 2001, a hearing was scheduled to determine if the Respondent had violated provisions of A.R.S. §32-1154(A). Raul De Anda appeared on behalf of the Complainant. Paul Manivilovich appeared on behalf of the Respondent. After convening this disciplinary hearing, the parties reached a settlement in this matter. FINDINGS OF FACT 1. Raul De Anda is the Complainant’s president. Paul Manivilovich is the Respondent’s managing member and qualifying party. On December 12, 2000, the parties entered into a written contract (“Contract”) for the Complainant to perform masonry work at a house (“Home”) located at 15510 E. Thistle Drive, Fountain Hills, Arizona. The Contract amount was $25,500.00 to be paid “upon completion.”

2. The Complainant requested that the Respondent pay 95% of the Contract amount for masonry work performed by the Complainant. The Respondent refused. The Respondent cited several perceived workmanship problems at the Home. On April 9, 2001, the Complainant filed a complaint against the Respondent for nonpayment. The Respondent subsequently filed a complaint against the Complainant for poor workmanship. However, it appears that a Notice of Hearing has not yet been issued regarding the Respondent’s complaint. 3. The parties settled this manner. The Settlement Agreement is as follows:

a. By September 19, 2001, the Respondent shall pay the Complainant $21,500.00; b. By September 19, 2001, the Complainant shall sign or have signed all applicable lien waivers submitted by the Respondent to the Complainant; c. The Complainant agrees to the dismissal of its complaint upon receipt of the $21,500.00; and d. The Respondent shall request the dismissal of its complaint filed against the Complainant upon receipt of the signed lien waivers.

CONCLUSIONS OF LAW 1. Public policy favors the settlement of disputes. Therefore, the undersigned Administrative Law Judge accepts the Settlement Agreement as set forth in Finding of Fact #2. The undersigned Administrative Law Judge further concludes that this Settlement Agreement is both fair and reasonable under the circumstances.

2. The Settlement Agreement reached and submitted during the hearing in this matter warrants the termination of this hearing. However, the Settlement Agreement does not bar the Complainant from requesting a Compliance Hearing if the Respondent fails to timely and properly perform pursuant to the terms of the Settlement Agreement.

RECOMMENDED DECISION In view of the foregoing, it is recommended that the Registrar of Contractors accept and approve the aforementioned Settlement Agreement between the parties. The undersigned Administrative Law Judge further recommends that this matter be remanded to the Registrar of Contractors for case dismissal or closure. . . . . . . . . .

Done this day, September 11, 2001.

______________________________________ Casey J. Newcomb Administrative Law Judge

Original transmitted by mail this ____ day of September, 2001, to:

Michael P. Goldwater Registrar of Contractors 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