Vacate: Settlement Recommendation

06F-1123-ROC · Registrar of Contractors · 2006-12-12

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The hearing of this matter convened on December 4, 2006. Complainant David Isaac appeared on his own behalf. Dominica Minore, Esq. represented Respondent Gumar, 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. 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 and correspond with the items as enumerated on the Corrective Work Order dated February 14, 2006: a. Item # 3 - Respondent will replace any missing grout and repair any cracks in the grout surrounding the bathtub; the complaint regarding the baseboard crack has been resolved; b. Item # 5 - Respondent will replace 1 tile in the hallway and 2 tiles in the laundry room; there is no longer an issue pertaining to lippage; Respondent will repair areas identified where the grout has pulled away from the surface area of the tile; Respondent will buff out the numbers on the tiles in the laundry room; c. Item # 6 - Respondent will seal the tiles that have been replaced and that will be replaced; Respondent will fill in the area next to the tile line where the master bedroom meets the master bathroom; d. Item # 8 - Respondent will send its subcontractor to replace and/or repair filler spots in the travertine tile; e. Item # 10 - The parties will obtain a second opinion from a granite subcontractor; if the miter joint can be repaired, Complainant will inform Respondent as to the cost for repair and the parties will mutually agree to the amount Respondent will pay for said repair; if the miter joint cannot be repaired, Complainant will assume responsibility for any work to be performed; f. Item # 14 - Complainant’s electrician will show Respondent’s electrician what work was performed to the electrical outlet and Respondent’s electrician will inspect and determine how the situation can be rectified; g. Item # 19 - Complainant will measure the gable vents; if 16.1 square feet of ventilation does not exist, Respondent will inspect the venting to determine if an issue exists, and should an issue exist, Respondent will resolve; h. All other items enumerated in the Corrective Work Order have been resolved and are no longer at issue; i. Respondent has agreed to inspect certain other issues that Complainant has raised that are not within the scope of the instant complaint; j. Respondent will diligently perform the above agreed upon work commencing after January 1, 2007. 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 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 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, December 12, 2006.

_________________________________ Sondra J. Vanella Administrative Law Judge

Copy transmitted by mail this _____ day of December, 2006 to:

Fidelis V. Garcia, Acting Director Registrar of Contractors Legal Department 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