ALJDEC

01F-R012010-BFS · Department of Building and Fire Safety · 2001-10-30

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: October 26, 2001. APPEARANCES: The Complainant, Nicholas G. Cuilty, appeared personally. Respondent did not appear. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ The commencement of the scheduled hearing was delayed for 15 minutes to allow for the late arrival of Respondent’s representative. 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. The Respondent, Sun Venture Manufactured Homes, Inc., is the holder of License No. 5908, a Class D-8 license, issued by the Arizona State Department of Building and Fire Safety (“Department”). 2. On or about April 11, 2000, Complainant entered into a written agreement with Respondent for the purchase of a 2000 Marlette Desert Villa double- wide manufactured home. The contract price was $80,583.82, which was paid to Respondent by Complainant. 3. Pursuant to the parties’ written agreement, Respondent agreed to supply and install an additional window over a desk in the dining room. Complainant paid Respondent the sum of $190.00 for that work. 4. Respondent promised Complainant that it would take care of any cracks in drywall for a period of one year. 5. Approximately 3 months after the delivery and setup of Complainant’s home, cracks began to appear in drywall. Despite numerous attempts to contact Respondent by telephone and mail, Complainant never heard back from Respondent. 6. There is credible evidence that Respondent is no longer in business. 7. The additional window has not been installed in the dining room. 8. Complainant filed a claim for an administrative payout from the Consumer Recovery Fund (“Fund”) administered by the Board of Manufactured Housing (“Board”) for the drywall damages that Respondent failed to repair under warranty and reimbursement in the amount of $190.00 for the window paid for but not installed. 9. Complainant obtained three bids to repair the damaged drywall from properly licensed contractors. The amounts of those bids were:

a) Del’s Drywall Repair: $895.00 b) Show Low Drywall: $885.00 c) White Mountain Drywall, Inc.: $580.00

10. It is determined that the sum of $580.00 represents a proper and reasonable amount to repair the damaged drywall. 11. Complainant has established an entitlement to payment in the additional amount of $190.00 for the dining room window that was not installed.

CONCLUSIONS OF LAW

1. Pursuant to the provisions of A.R.S. § 41-2188(A), the Board administers the Fund. 2. Pursuant to the provisions of A.R.S. § 41-2190(D), the Board is authorized to pay from the Fund proven claims for damages caused by licensees. Any such licensee’s license shall remain suspended until the administrative payout has been repaid to the Fund with statutory interest. 3. The evidence of record supports an award to Complainant in the total amount of $770.00.

RECOMMENDED ORDER

In view of the foregoing, it is recommended on the effective date of the entered Order in this matter the Board of Manufactured Housing shall commence and finalize payment procedures from the Consumer Recovery Fund to Complainant in the amount of $770.00 for damages. It is further recommended that Respondent’s Class D-8 license be suspended until the licensee has repaid in full, plus interest at the rate of ten per cent per year, the amount paid from the Consumer Recovery Fund on the licensee’s account. Done this day, October 31, 2001

______________________________________ Brian Brendan Tully Administrative Law Judge

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

Department of Building and Fire Safety N. Eric Borg, Director ATTN: Shawna Blank East Virginia, Suite 100 Phoenix, AZ 85004

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

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