ALJDEC

02F-RF0323-ROC · Registrar of Contractors · 2002-05-02

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: Thursday, April 25th, 2002; 1:45 p.m. APPEARANCES: The plaintiff, Mr. Steve Kunz, appeared and represented himself. The defendant, R G C Tucson, LLC, failed to appear. ADMINISTRATIVE LAW JUDGE: Grant Winston. _____________________________________________________________________ The administrative hearing of this matter was held in the Office of Administrative Hearings, Tucson, Arizona. Testimony was heard and other evidence admitted to the record, and, based on the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order are made. FINDINGS OF FACT 1. The defendant herein, R G C Tucson, LLC, was a contractor licensed by and doing business in the State of Arizona, holding Class B License number 136916. Defendant was so licensed at the time the plaintiff contracted with defendant for the latter to perform the work on plaintiff’s home which is the subject matter of plaintiff’s claim for recovery from the registrar’s residential contractors’ recovery fund. 2. Defendant’s Arizona contractor’s license was current in April, 1999, when these parties contracted. The contract was for the construction of plaintiff’s residence in Tucson, Arizona. 3. Construction on plaintiff’s home was completed by the defendant in April, 2000. 4. Plaintiff was dissatisfied with the construction of the block wall at the rear of his house, and with the condition of the solar hot water unit. Plaintiff filed two administrative complaints against the defendant’s license with the Arizona Registrar of Contractors regarding these items; Complaint Number T00-0818, he filed on May 2nd, 2000, and Complaint Number T02-0340 he filed on October 9th, 2001. 5. The second filed complaint, T02-0340, is the basis for this claim. That claim was closed by the registrar on October 12th, 2001, owing to this defendant’s license being revoked by order of the registrar. Plaintiff then proceeded to pursue relief by filing this claim for recovery from the fund on November 9th, 2001. 6. The claim seeks recovery in the sum of $2,950.00 for replacement of the defective solar hot water heater, and completion of the block wall to the height called for by the parties’ contract (5 feet). 7. The job-site was inspected by Registrar of Contractors Inspector James R. Morris on January 18th, 2002. He testified at the hearing. By his testimony plaintiff’s claims were corroborated. The inspector verified that the block wall was approximately one foot too short in comparison to what the contract stated. He could not inspect the solar hot water heater because the defendant had removed it from the premises. 8. Plaintiff obtained three bids for replacement of the hot water heater, and, though he made diligent effort to obtain three bids for completing the block wall, could obtain only two. Plaintiff seeks recovery in a sum equal to the two lowest bids totaled. The lowest bid to replace the hot water heater came from Sunpower of Arizona, Inc., in the amount of $2,950.00, and the low bid for finishing the block wall came from The Block Construction Company, in the amount of $450.00. Thus plaintiff seeks $3,400.00. Claimant has not recovered any portion of this total from any other source. 9. Inspector Morris recommended a payout be made from the fund to the plaintiff in that amount, and the evidence supports such a payment. CONCLUSIONS OF LAW 1. This hearing was held under authority of and pursuant to A.R.S. §32- 1156, and A.R.S. §41-1092. 2. Plaintiff is an injured person within the meaning of A.R.S. §32-1131.3.

3. Under the facts and circumstances of this case, the registrar is authorized to determine and award proper payment to the plaintiff from the residential contractors’ recovery fund. A.R.S. §32-1154.E. 4. The record evidence supports an award to the plaintiff in the amount of $3,400.00, all of which shall be appropriately chargeable against the defendant and/or persons appearing on the Class B License 136916. A.R.S. §32-1139.B. RECOMMENDED ORDER Wherefore, it is hereby recommended that on the effective date of this order (40 days after the date of service appearing on the registrar’s certificate of service on the order) the registrar shall commence and finalize payment procedures from the residential contractors’ recovery fund to the plaintiff in the amount of $3,400.00 for actual damages. Done this day, May 14th, 2002.

________________________________ Grant Winston Administrative Law Judge

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

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

By _______________________________

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