ALJDEC

01F-L0182-ROC · Registrar of Contractors · 2001-07-30

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: July 12, 2001; at 1:30 p.m. APPEARANCES: The Complainant appeared through it authorized repre- sentative, David Turner. The Respondent 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. Respondent is the holder of a Class B- License issued by the Registrar of Contractors. The Respondent’s Class B- License is delinquent and suspended. 2. This is a residential matter where the Complainant performed construction work as a roofing subcontractor on a new residence that the Respondent was constructing. 3. There was no dispute that the Complainant examined copies of at least two sheets of the blueprints for the residence and submitted a written bid to perform the roofing work for the new residence in the sum of $3,720.00. Nor was there any dispute that when the Complainant arrived at the job-site to perform its roofing work the Respondent asserted that the project, as being constructed, was different from the plans and more roofing work would be required. 4. The Complainant then informed the Respondent that it would need an additional sum of $1,695.00 in order to complete the roofing project. The Respondent declined the Complainant’s offer and insisted that the Complainant comply with its written bid and complete the construction project for the total sum of $3,720.00. 5. The parties are in agreement that they then entered into an oral agreement and that the Complainant then completed the roofing work for the new residence. 6. The parties are in sharp disagreement as to the terms of their oral agreement. The Complainant asserts that the Respondent agreed to pay it for its additional construction work in the sum of $1,695.00. The Respondent asserts that it agreed to give the Complainant additional work on future construction projects but denied that it had agreed to pay any additional sums for the project at issue. 7. The parties agree that the Complainant has received $2,000.00 for the construction work that it has performed. 8. There is no dispute that the Respondent owes the Complainant the sum of $1,720.00 under the parties’ written agreement. The Respondent’s failure to pay this sum to the Complainant, in an unconditional manner, is found to constitute a violation of A.R.S. §32-1154A (11). 9. The parties’ dispute, regarding the terms of their oral amendment to their written contract and the Complainant’s claim for an additional sum of $1,695.00 for its roofing work, is found to constitute a good faith dispute which will necessarily involve a monetary adjudication and which should be resolved, if at all, in a civil court of competent jurisdiction. 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 a violation, by the Respondent, of the provisions of A.R.S. (32-1154 (A) (11). RECOMMENDED ORDER In view of the foregoing, it is recommended that the Respondent’s Class B- License be revoked unless the Registrar of Contractors receives proof that the Respondent has properly, without condition, paid the sum of $2,000.00 due to the Complainant for its roofing work on the construction project pursuant to the parties’ written agreement. It is further recommended that if the Respondent properly, and unconditionally, pays the above stated sum of $2,000.00 to the Complainant on or before the effective date of this Order, then the above provided License revocation shall not take place and Citation No. L01-0182 shall be closed. Done this day, July 31, 2001.

________________________________ M. Douglas Administrative Law Judge

Original transmitted by mail this ____ day of July, 2001, 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