ALJDEC

01F-T0215-ROC · Registrar of Contractors · 2001-05-03

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: May 1, 2001; at 8:30 a.m. APPEARANCES: The Complainants appeared through DeeAnne Gibbons. The Respondent failed to appear. 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-03 License issued by the Registrar of Contractors. The Respondent’s Class B-03 License is delinquent and suspended. 2. This is a residential matter where the Respondent entered into an agreement to install custom cabinetry in the Complainants’ residence. 3. The Respondent started the installation of the custom cabinetry and the Complainants became increasingly dissatisfied with the quality of the cabinets and the Respondent’s workmanship. 4. Credible evidence established that the Respondent then abandoned the construction project in an unfinished condition. 5. The total contract price was the sum of $65,132.56. At the time of the abandonment of the construction project, the Respondent had been paid the sum of $58,619.31. Credible evidence, presented at hearing, established that the actual value of the work performed by the Respondent at the time of abandonment was less than $20,000.00. 6. Credible evidence, presented at hearing, established that the quality of the cabinetry installed by the Respondent does not comply with the parties’ written agreement and that the estimated cost of completing the project and correcting the Respondent’s deficient workmanship will substantially exceed the sum of $20,000.00 and that even when the cabinetry is corrected and completed it will still fail to comply with the standards set forth in parties’ written agreement. 7. When the Respondent abandoned the construction project, the Complainants filed a formal complaint, against the Respondent, with the Registrar of Contractors. 8. Pursuant to the filing of the formal complaint, an assigned Agency Inspector conducted an on-site inspection and issued a written corrective work order directing the Respondent to correct its deficient construction work and to properly complete the construction project. 9. The Respondent failed to comply with the terms and conditions of the written corrective work order. 10. The Respondent’s actions, in installing material that failed to comply with the parties’ written agreement and failing to correct its workmanship errors and in abandoning the construction project in an unfinished state and in failing to respond to a written corrective work order, are found to constitute a wrongful act. 11. 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 violations by the Respondent of the provisions of A.R.S. (32-1154 (A) (1), (2), (7) (Wrongful Act), (23) and (3); namely, Rule R4-9-108. . . . . . . . . . RECOMMENDED ORDER In view of the foregoing, it is recommended that the Respondent’s Class B-03 License be revoked. Done this day, May 11, 2001.

________________________________ M. Douglas Administrative Law Judge

Original transmitted by mail this ____ day of May, 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