ALJDEC

02F-RF0242-ROC · Registrar of Contractors · 2002-03-14

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: March 1, 2002. APPEARANCES: Jim and Debby Crowser, Complainants; Salena Crowser and Sherri Eshkibok, observers. ADMINISTRATIVE LAW JUDGE: Dorinda M. Lang. _____________________________________________________________________ Jim and Debby Crowser hired a contractor, S W Custom Concepts Building and Construction (Corp.), to build an addition to their home. When the contractor’s license was revoked for violations of licensing statutes arising from the work done on that project, the Crowsers filed a claim with the Registrar of Contractors Recovery Fund. Although the contractor filed an appeal, he failed to appear at the hearing where the Crowsers established their entitlement to a pay-out from the fund. Based on this, the undersigned Administrative Law Judge recommends that this appeal be denied and that the Crowsers be awarded $2,710 from the fund. FINDINGS OF FACT 1. In June or July 1999, Jim and Debby Crowser contracted with S W Custom Concepts Building and Construction (Corp.) (hereinafter "S W") to build an addition on their home for $7220. The contract has been paid in full. S W built the addition but would not build the steps that were part of the plans. There were also several problems with the thresholds and door jambs. 2. Following a complaint filed with the Registrar of Contractors, S W was directed to correct the problems and construct the stairs pursuant to a Corrective Work Order dated December 6, 2000. The doors and thresholds were not properly corrected, however, and the stairs constructed by S W did not meet minimum workmanship standards. They were so poorly constructed, in fact, that the back steps fell apart and the front step landing is made from a sign that reads, "Beware of Dog, Keep Out". S W's license was revoked due to this complaint. 3. On October 4, 2002, the Crowsers filed a Recovery Fund Claim with the Registrar of Contractors and submitted three contractor’s bids to correct the deficiencies. The lowest bid was for $2,710. A Financial Loss Worksheet prepared by the Registrar of Contractors confirmed that this is the correct pay-out amount from the fund because the contract was paid in full and there were no other costs or deductions. 4. S W disputed the proposed pay-out but did not appear at hearing. The Crowsers appeared and submitted evidence and testimony in support of their claim. The weight of the evidence established that they are entitled to the $2,710 pay-out. CONCLUSIONS OF LAW 1. This matter is within the jurisdiction of the Registrar of Contractors pursuant to A.R.S. § 32-1154(E) and A.R.S. § 32-1132 et seq. 2. The Registrar of Contractors Residential Contractors' Recovery Fund was established to reimburse anyone injured by an act of a residential contractor in violation of its licensing statutes and rules up to $20,000. An award from the fund is limited to the actual damages suffered as a direct result of such violation. A.R.S. § 32-1132. 3. In this case, the Crowsers have established by a preponderance of the evidence that they incurred $2,710 in damages in that this will be the reasonable cost to complete the remaining corrective work. Therefore, it is recommended that the Registrar award the full amount of $2,710 to the Crowsers from the fund. RECOMMENDED DECISION Based upon the foregoing considerations, the undersigned Administrative Law Judge hereby recommends that this appeal be denied and that the Registrar of Contractors authorize payment of $2,710 to the Crowsers from the Recovery Fund.

Done this day, March 14, 2002. OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Dorinda M. Lang Administrative Law Judge

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

Registrar of Contractors Michael P. Goldwater 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