Vacate: Settlement Recommendation

05F-M0278-ROC · Registrar of Contractors · 2007-01-29

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The hearing of this matter convened on January 16, 2007. Complainant Carolyn Beckford appeared with her daughter Tia Beckford. Patrick Funk appeared on behalf of Respondent Legacy Cabinets and Millworks, Inc. 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. Procedural Matter At the commencement of the hearing, Ms. Beckford requested that her daughter, Tia, be added as a named complainant in this matter. Mr. Funk did not object to the request. As such, the caption has been amended to reflect Tia Beckford as a named complainant. FINDINGS OF FACT 1. Prior to the commencement of the hearing, outside the presence of the Administrative Law Judge, 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. Respondent will perform the following work at Complainants’ residence: 1. Respondent will hire at its sole expense an electrical subcontractor to re-route the cable by the bookcase next to the electrical outlet that has been installed, prior to the skin being installed; Complainants will schedule this electrical subcontractor;

2. Respondent will repair the hole and re-install the screw in the warming drawer; 3. Respondent will re-veneer over the exposed melamine at the cook top and Respondent’s finisher will stain it to match; 4. Regarding the cabinet door to the right of the hood, if it is warped and cannot be adjusted, Respondent will replace the door; 5. Regarding the bowing in the cook top shelf, Respondent will install a hardwood support horizontally underneath in order to strengthen this area; 6. Regarding the doors over the microwave, Respondent will either adjust the doors to Complainants’ satisfaction or will re-manufacture the doors for a tighter fit; 7. At the corner diagonal wall shelves, Respondent will install a thicker molding at the front of the shelves to match the bookcase shelves in the kitchen; 8. Regarding the cabinet doors to the left of the hood, Respondent will adjust those doors so that they are no longer crooked; 9. Respondent’s finisher will touch-up minor items requested by Complainants while present at the jobsite; 10. Regarding the vent liner that is too small for the hood opening, Respondent will construct a support inside the hood to fit the vent liner; 11. Respondent will reimburse Complainants for the modification of the cabinets that had to be performed for the installation of the ovens, in the amount of $400.00, by deducting this amount from Complainants’ contract balance; Complainants will provide a receipt to Respondent for this expense; 12. Respondent will reimburse Complainants for the installation of an electrical outlet by the bookcase, in the amount of $200.00, by deducting this amount from Complainants’ contract balance; Complainants will provide a receipt to Respondent for this expense;

13. Respondent will reimburse Complainants for the light kit for the hood, in the amount of $200.00, by deducting this amount from Complainants’ contract balance; 14. Complainants give permission to Respondent to take photographs during the course of the corrective work; 15. Respondent will perform an inspection of the jobsite on January 22, 2007, and Respondent will perform whatever work can be performed on that day between the hours of 9:30 a.m. and 2:00 p.m.; 16. Respondent will bring whatever additional materials are necessary for the performance of corrective work, on February 2, 2007, and such work will be performed between the hours of 9:30 a.m. and 2:00 p.m.; this work includes the constructing of the support inside the hood for the vent liner; Mr. Funk will personally inspect the corrective work at 1:30 p.m. on February 2, 2007 and perform a final walk-through with Complainants; should anything be unsatisfactory to Complainants, such work will be completed on February 9, 2007 between 9:30 a.m. and 2:00 p.m. and another walk-through will be conducted with Mr. Funk and Complainants. 3. The Administrative Law Judge finds the terms of the foregoing settlement to be the product of knowing and voluntary action on the part of each party. 4. 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 that 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 voluntarily made, warrants the termination of the instant hearing.

ORDER In view of the foregoing, the hearing in this matter is vacated and the matter is hereby remanded to the Registrar of Contractors for appropriate disposition.

Done this day, January 31, 2007.

_________________________________ Sondra J. Vanella Administrative Law Judge

Copy transmitted by mail this _____ day of January, 2007 to:

Fidelis V. Garcia, Acting Director Registrar of Contractors Legal Department 800 West Washington, 6th Floor Phoenix, AZ 85007

By _______________________________ -----------------------

Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826