ALJDEC decisions subject to certification as final

03F-L0123-ROC · Registrar of Contractors · 2003-06-23

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: June 3, 2003 at 8:30 a.m. APPEARANCES: The Complainants appeared through Phillip Nugent. The Respondent appeared through its authorized representative, Richard Traub. 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-05 License issued by the Registrar of Contractors. 2. This is a residential matter where the Respondent constructed a new swimming pool and swimming pool decking for the Complainants.

3. The Complainants were dissatisfied with the Respondent’s workmanship and failure to correct and complete its work to their satisfaction despite repeated requests that it do so. The Complainants then filed a formal complaint, against the Respondent, with the Registrar of Contractors. 4. Pursuant to the filing of the formal complaint, an assigned Agency Inspector conducted an on-site inspection and issued a lengthy written corrective work order directing the Respondent to perform designated corrective work on the Complainant’s residence. 5. There were only four items remaining in dispute at the time of the hearing. The Respondent’s very obvious attempt to remedy its past construction errors by attempting to correct all of the items on the written corrective work order is to be commended. However, credible testimony and evidence, produced at hearing, established that the following items still fail to comply with applicable industry and workmanship standards and require proper corrective action by the Respondent: a) There are still unacceptable gouges or groves in the swimming pool plaster. The Respondent shall properly repair or replace the swimming pool plaster. b) There is still a small hole, caused by the Respondent, in the side of the Complainants’ residence. The Respondent shall, utilizing a properly licensed contractor, cause the hole to be properly corrected. c) The block wall has not been corrected to within applicable workmanship standards. Credible testimony and evidence established that the Respondent inadvertently damaged the block wall during the construction of the swimming pool. The Respondent, utilizing a properly licensed contractor, shall cause the block wall to be properly corrected. 6. The credible evidence of record was insufficient to support a finding that the Respondent is responsible for the discoloration of the swimming pool plaster evidently caused by a chemical imbalance in the swimming pool water. No corrective action is required. 7. The Respondent’s actions, in performing its initial construction work in an unworkmanlike manner and in failing to fully comply with the terms and conditions of a written corrective work order, are found to constitute a wrongful act. 8. 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), (23) and (3); namely, Rule R4-9-108.

RECOMMENDED ORDER In view of the foregoing, it is recommended that the Respondent’s Class B-05 License be suspended until the Registrar of Contractors receives proof that the Respondent has properly repaired or replaced the swimming pool plaster in the Complainants’ swimming pool and has, utilizing a properly licensed contractor, caused the proper correction of the hole in the Complainant’s wall and the proper correction of the Complainants’ block wall. It is further recommended that if the Respondent properly accomplishes the above described corrective action, on or before the effective date of this Order, then the above provided License suspension not take place and that this matter be closed.

Done this day, June 23, 2003

______________________________________ M. Douglas Administrative Law Judge

Original transmitted by mail this ____ Day of ____________, 2003, to:

Registrar of Contractors Israel G. Torres ATTN: Jennifer Brown 800 West Washington, 6th Floor Phoenix, AZ 85007

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