Vacate: Settlement Recommendation

06F-2422-ROC · Registrar of Contractors · 2006-12-20

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The hearing of this matter convened on December 12, 2006. Stanley Lerner, Esq. represented Complainant Shell Food Mart. Gordon Bueler, Esq. represented Respondent Viejo Construction and Electric, 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 memorialized in writing (Exhibit 1) and read upon the record. 2. The terms of the aforementioned settlement agreement are as follows: a. Respondent will perform the following work at Shell Food Mart located at 9853 North 19th Avenue, in Phoenix, Arizona: 1. Respondent will repair and certify a Stage 2 Vapor Recovery System for a cost not to exceed $4,000.00, deposited into an escrow account; 2. Respondent will account for its costs to include labor (at its hourly rate plus 10% burden), materials (with invoices for job), and equipment rental (sawcut, bobcat, breaker, truck, and disposal fee with invoices for the job); 3. Costs do not include cost of testing and certification which will be paid for by Respondent; 4. If costs are less than $4,000.00, the difference will be refunded to Complainant; 5. $4,000.00 shall be deposited into the Bueler/Jones IOLTA Trust Account 48 hours prior to the commencement of the work; 6. Respondent will contact Complainant to arrange for the scheduling of the work; 7. Completion of the work will be as soon as is reasonably possible, but not more than sixty (60) days from December 12, 2006; and 8. The parties understand that the reasonable down time is two consecutive days, but the project may take up to four to five days. 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 20, 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