Vacate: Settlement Recommendation

06F-M2011-ROC · Registrar of Contractors · 2006-11-14

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: November 9, 2006 APPEARANCES: Complainant appeared on his own behalf and Respondent appeared through its president and qualifying party, Sam Aston. ADMINISTRATIVE LAW JUDGE: Mark A. Silver ________________________________________________________________

Evidence and testimony were presented and, based upon the entire record in this matter, the following Findings of Fact, Conclusions of Law, and Recommended Order are made:

FINDINGS OF FACT

1. Following a prolonged discussion between the parties, prior to concluding the instant hearing, the parties reached a settlement agreement, the essential terms of which were read upon the record.

2. Pursuant to the terms of the aforementioned settlement agreement, the parties agreed as follows:

a. The cracked section of the granite kitchen countertop will be replaced by Respondent. b. Respondent will retain the original subcontractor on the granite countertop installation to remove the back splash. b. The subcontractor will use the back splash to locate a new granite slab that will closely match the granite previously installed in Complainant’s home. c. Once the subcontractor locates the new granite, he will notify Complainant to come to the material supplier’s place of business to approve the granite for replacement of the previously cracked section of the granite installed in Complainant’s kitchen. d. Once Complainant approves the new granite, as representing an acceptable match with the existing granite, the subcontractor will fabricate a replacement section of the granite installation and will install the new granite either abutting an existing seam in the kitchen sink section of the countertop or if that is not possible, then the entire kitchen sink area of granite will be replaced from end to end. e. The granite subcontractor will unhook the plumbing for Complainant’s sink and remove the sink. Once the new granite section is installed, Respondent will cause a licensed plumber to reinstall the sink.

f. The new granite replacement work shall be completed on or before December 9, 2006. g. The parties shall work together in a spirit of cooperation, in order to accomplish the remedial work in an expeditious manner. h. Complainant agreed to withdraw the filed Complaint.

3. The parties agreed that all rights and defenses were to be merged into the settlement agreement and if any petition for rehearing of this matter was to be filed and granted, or if any new complaint was filed, the sole issues for determination shall be whether the parties have performed their respective obligations under the terms of the aforesaid settlement agreement.

4. The terms of the forgoing settlement were determined to be the product of knowing and voluntary action on the part of each party.

5. Based on the settlement agreement, 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, it is recommended that this matter be vacated from the calendar of the Office of Administrative Hearings and remanded to the referring Agency for appropriate disposition.

Done this day, November 14, 2006.

_________________________________ Mark A. Silver Administrative Law Judge

Copy transmitted by mail this _____ day of _________, 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