ALJDEC

02F-T0325-ROC · Registrar of Contractors · 2002-02-21

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 20, 2002; at 8:30 a.m. APPEARANCES: The Complainant appeared through its authorized representative, Karl Watson. The Respondent appeared through its authorized representative, John Meeks. 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 L-48 License issued by the Registrar of Contractors. The Respondent’s named partners have ended their business relationship and the Respondent is no longer functioning as a business entity. Respondent’s License was suspended on December 1, 2001. 2. This is a commercial matter where the Respondent installed new floor tile on the concrete patio that leads to the Complainant’s place of business. 3. Shortly after the completion of the tile floor, the floors began to buckle and separate from the concrete surface. 4. Credible evidence established that the Respondent made several different repair attempts on the tile floor and that all of the repair attempts were unsuccessful. 5. The Complainant then decided to have the floor repaired by someone else. 6. Credible testimony established that Mr. Knope, Mr. Meeks’ partner, agreed to the retention of an alternative contractor by the Complainant to correct the tile floor. 7. The Complainant was dissatisfied with the Respondent’s workmanship and failure to correct its work despite repeated requests that it do so. The Complainant then filed a formal complaint, against the Respondent, with the Registrar of Contractors. 8. The Complainant then had the tile floor corrected by an individual identified as “Gustavo Moreno.” There was no dispute that the Complainant paid this individual $11,589.00 for his corrective work on the Complainant’s tile floor. 9. Mr. Moreno does not appear as a licensed contractor in Registrar of Contractors’ licensing records. 10. The floor was corrected before the assigned agency inspector could complete an on-site inspection. 11. The Respondent’s actions in constructing the tile floor in an unworkmanlike manner and then failing to correct the tile floor despite repeated requests that it do so, are found to constitute a wrongful act. 12. 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) (7) (Wrongful Act), and (3); namely, Rule R4-9-108. RECOMMENDED ORDER In view of the foregoing, it is recommended that the Respondent’s Class L-48 License be revoked. Done this day, March 1, 2002.

________________________________ M. Douglas Administrative Law Judge

Original transmitted by mail this ____ day of March, 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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Office of Administrative Hearings 100 N. Stone Ave., Suite 704 Tucson, Arizona 85701 (520) 628-5488