Vacate: Settlement Recommendation

06F-M2029W-ROC · Registrar of Contractors · 2006-12-04

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The Hearing convened as scheduled, both parties present. Having read and considered the entire record, the following Findings of Fact are made, Conclusions of Law rendered, and DECISION AND RECOMMENDED ORDER is issued. FINDINGS OF FACT 1. The Hearing convened as scheduled on December 4, 2006 at 9:00 A.M. at the Office of Administrative Hearings in Phoenix, Arizona. At the outset of the Hearing, it was manifest that the parties might move in the direction of a resolution of the issues that had resulted in Complainants having filed their Complaint. Discussion ensued by and between the parties and their Counsel. Thereafter, the parties were afforded the opportunity to craft a STIPULATION AND AGREEMENT, the essential terms of which were read into the record and a copy of which is attached hereto as Exhibit A. For purposes of determining this matter, the obligations of the parties under the STIPULATION AND AGREEMENT set forth below, if accepted by the Director of the Arizona Registrar of Contractors, are binding on one other. 2. In accordance with the terms of the parties’ STIPULATION AND AGREEMENT, Respondent Caliber Holdings Company, L.L.C. has agreed to pay $7,000. in attorney’s fees within fifteen (15) days hereof; and (2) to make all corrections listed on Attachment 1 of the STIPULATION AND AGREEMENT by the close of business January 31, 2007. Further, both parties have acknowledged that the Novaks reserve to themselves the right to litigate civilly any remaining contest over the subject trusses, as well as any effect that alleged deficiencies in the trusses may have been manifested vis-a-vis the flooring surfaces and the kitchen countertops. 3. Complainants, in turn, have agreed to withdraw their Complaint denominated M06-2029-ROC. Further, the Novaks hereby give notice of their desire to withdraw their related ROC filed Complaints designated respectively as M06-2030; M06-2030W; and M07-0682. 4. Respondent Caliber Holdings Company, L.L.C. acknowledges that, following ROC policy, the resolution of this matter shall be identified on the ROC website and its records as: “Closed Complaints – Resolved/Settled/Withdrawn.” 5. Both parties acknowledge that they have entered into their STIPULATION AND AGREEMENT voluntarily and upon a presumption of good faith. 6. The parties have agreed that all rights and defenses relating to this matter are merged into the STIPULATION AND AGREEMENT and that should, hereafter, any Petitions for Rehearing be filed and granted, or new Complaints filed related hereto, the sole issue for determination shall be whether the parties have performed their respective obligations under the terms of the STIPULATION AND AGREEMENT executed by them at the Hearing. 7. The terms of the foregoing STIPULATION AND AGREEMENT appear reasonable under all of the circumstances and the AGREEMENT is hereby determined the product of knowing and voluntary action by each party.

CONCLUSIONS OF LAW 1. The law favors the settlement of disputes and adverse parties should be free to adjust their differences by entry into agreements and stipulations of settlement that should be recognized and given effect by the tribunal with jurisdiction over the issues and that possesses statutory enforcement authority. 2. The settlement reached and crafted by the parties during the Hearing of this matter and that has been submitted into the record as a STIPULATION AND AGREEMENT is found to be reasonable and voluntarily made. . . . RECOMMENDATION IT IS RECOMMENDED that the Registrar acknowledge the STIPULATION AND AGREEMENT entered into by the parties hereto and that the Registrar make further disposition of Complaint No. M06-2029-ROC (and, M06-2030; M06- 2031; and M07-0682)[1] in a manner as may be appropriate in the premises.

Done this 4th day of December 2006.

____________________________________ Gary B. Strickland Administrative Law Judge

Copy transmitted by mail this 4th day of December 2006 to:

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

By _______________________________ ----------------------- [1] See FINDINGS OF FACT ¶3, above.

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