ALJDEC

01F-M1523-ROC · Registrar of Contractors · 2002-01-11

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: January 11, 2002 APPEARANCES: Complainants Robert and Christine Hakes appeared on their own behalf. Respondent Jeffrey Alan Middleton, dba Middleton Construction, appeared on his own behalf. ADMINISTRATIVE LAW JUDGE: Daniel G. Martin _____________________________________________________________________

FINDINGS OF FACT This matter came on for hearing on January 11, 2002, pursuant to a Notice of Hearing issued by the Registrar of Contractors on November 2, 2001. After the commencement of the hearing, but prior to the presentation of any evidence, the parties entered into a discussion outside of the Administrative Law Judge’s presence in which they concluded the terms of a settlement agreement. The terms of the settlement agreement, which were read into the record of this matter by the Administrative Law Judge and thereafter confirmed by both parties, are as follows: d. Respondent Jeffrey Alan Middleton, dba Middleton Construction (“Middleton”), shall have until February 1, 2002 to pay to Complainants Robert and Christine Hakes (the “Hakes”) the sum of Six Thousand Five Hundred Dollars and No Cents ($6,500.00) in full settlement of the Hakes’ complaints as they pertain to the wood flooring in the Hakes’ home. Upon payment of the aforementioned sum, Middleton shall have no further liability to the Hakes with respect to the wood flooring in the Hakes’ home. e. Middleton shall take appropriate corrective action with respect to the following numbered items as set forth on page 3 of the Corrective Work Order issued by the ROC on June 21, 2001 (a copy of which is attached hereto for reference): items 10, 13-16, and 19-36. f. Middleton shall perform the foregoing corrective work between Monday, January 21, 2002 and Friday, January 25, 2002, between the hours of 8:30 a.m. and 1:30 p.m. Ms. Hakes shall be present in the home during the foregoing dates and times. g. On January 14, 2002, at 8:30 a.m., Mr. Middleton shall conduct an inspection and evaluation of the Hakes’ home with regard to the corrective work items identified in paragraph b., above. h. Prior to January 21, 2002, Middleton shall advise the Hakes, through written work orders provided to the Hakes via facsimile, of the names of each contractor scheduled to perform work in the Hakes’ home between January 21, 2002 and January 25, 2002, the date on which each such contractor is scheduled to perform work, and the work to be performed. i. The parties acknowledge that Middleton may not be able to complete all of the required corrective work during the time allotted between January 21, 2002 and January 25, 2002. Therefore, the parties agree that after January 25, 2002, to the extent that corrective work remains to be performed, Middleton shall give the Hakes at least 24 hours prior notice before performing such work. j. Middleton shall complete all of the corrective work identified in paragraph b., above, not later than February 15, 2002. The parties agreed that all rights and defenses were to be merged into the settlement agreement, and that if either party sought to re-open the complaint that gave rise to this matter, the sole issue for determination would be whether the parties performed their respective obligations under the terms of the settlement agreement. The Administrative Law Judge finds that the terms of the settlement agreement described herein are reasonable under the circumstances, and that the agreement was the product of knowing and voluntary action on the part of each party. CONCLUSIONS OF LAW The policy of the law favors settlements of disputes, and adverse parties should be free to adjust their differences by entry into agreements or stipulations of settlement which should be recognized and given effect by all tribunals. The settlement reached and submitted during the hearing of this matter, having been found to be reasonable and voluntarily made, warrants the termination of the instant hearing. RECOMMENDED ORDER It is recommended that Citation No. M01-1523, together with the Complaint upon which it is based, be dismissed. Done this day, January 11, 2002.

______________________________________ Daniel G. Martin Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2002, to:

Michael P. Goldwater, Director Registrar of Contractors ATTN: Joyce Armijo 800 West Washington, 6th Floor Phoenix, AZ 85007

By ___________________________ -----------------------

Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826