Vacate: Settlement Recommendation

04F-2344-ROC · Registrar of Contractors · 2004-10-08

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Based upon the entire record in this matter, the following Findings of Fact, Conclusions of Law, and Order are submitted to the Director of the Arizona Registrar of Contractors. FINDINGS OF FACT 1. During the course of the hearing, the parties concluded a settlement agreement, the terms of which were read upon the record. 2. The terms of the aforementioned settlement agreement are as follows: a. Within forty-five days of the hearing date, Respondent will repair the ceiling insulation using Mesa Insulation. Such work will be performed to minimum workmanship standards and Respondent will bear the entire cost thereof; b. Respondent will pay to Complaint the sum of $2,540.00 within sixty days of the hearing date as full satisfaction of the wood flooring issue; c. As to the rubberized flooring, the parties agree that: i) a standard 1/8” gap is allowable; ii) any gap greater than 1/8” will be repaired; iii) any loose flooring will be re- glued; iv) any bubbling will be repaired; and v) Complainant will supply any necessary additional rubberized flooring and/or adhesive at Complainant’s expense; d. The half wall issue is no longer in dispute; e. Respondent will repair the loose tile in the walkways; f. The drain issue is no longer in dispute; g. Every other outstanding issue has been resolved; and h. Upon the completion and payment of the above-delineated items, the parties agree to mutually release each other from any and all claims arising from or relating to the parties’ construction agreement dated October 15, 2002 and any addenda or amendments thereto. 3. The Administrative Law Judge advised the parties that as a result of the settlement agreement, the Registrar of Contractors would close the complaints that gave rise to this proceeding and that such closure would be reported on the Registrar of Contractors website as part of Respondent’s license history with the notation that the complaints have been resolved, settled or withdrawn. 4. The Administrative Law Judge finds the foregoing terms to be reasonable under the circumstances presented, and the product of knowing and voluntary action on the part of each party. 5. Based on the settlement agreement between the parties, the hearing was vacated. CONCLUSIONS OF LAW 1. The policy of the law favors settlements of disputes and adverse parties should be free to adjust their differences by entry into agreements or stipulations of settlement which should be recognized and given effect by all tribunals. 2. The settlement reached and submitted during the hearing of this matter, having been found to be reasonable and voluntarily made, warrants the termination of the instant hearing. ORDER In view of the foregoing, the hearing in these matters is vacated and the matters are hereby remanded to the Registrar of Contractors for appropriate disposition.

Done this day, April 14, 2004.

_________________________________ Sondra J. Vanella Administrative Law Judge

Copy transmitted by mail this _____ day of April, 2004 to:

Israel G. Torres, Director Registrar of Contractors ATTN: Jennifer Brown 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