Vacate: Settlement Recommendation

06F-M2230-ROC-rhg · Registrar of Contractors · 2007-06-08

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

This matter convened for hearing on June 7, 2007. Stephanie Strobel appeared on her own behalf. Jay Graif, an attorney, appeared on behalf of Respondent and Caliber Holdings Company, LLC, dba MJL Homes. James Kaufman also appeared on behalf of Respondent, and Mike Holmes also appeared on behalf of Caliber Holdings Company. Prior to commencement of the hearing, the parties reached a settlement agreement. Each of the parties acknowledged on the record that the agreement had been voluntarily made. The agreement, which was marked as Exhibit 1, is incorporated verbatim into this Order as follows:

This Agreement is entered into by and between: Robert and Stephanie Strobel; Caliber Holdings Company, LLC dba MJL Homes; and JK Homebuilders, Inc.

In resolution of AZ ROC Case Nos. M06-2084[1] and M06-2230, the parties agreed to perform 23 items in Strobel’s home. JK and Caliber have performed all but 4 items. JK and Caliber agree to complete the remaining 4 items as listed below.

1. Repair the cracking in the shower pan in the master bathroom; 2. Repair drywall under basement stair rail; 3. Repair/replace discolored roof tile: Tiles have been repaired; Strobel to receive a warranty on repair to equal 30-year warranty on roof; and 4. Install ordered door with lockable door handle on entryway to Northwest basement bedroom.

Following the completion of all repairs, Caliber shall apply for, purchase and obtain a 2-10 home warranty for Strobel.

In exchange for the performance of the above items, Strobel agrees to vacate the June 7, 2007 hearing before the OAH.

If JK and Caliber do not complete the above repairs before June 15, 2007, Strobel can request a compliance hearing. The 2-10 warranty shall be obtained as soon as possible after June 15, 2007.

Once all of the items are performed, ROC Case Nos. M06-2084 and M06-2230 shall be dismissed/withdrawn by Strobel.

ORDER

In view of the foregoing, the hearing in this matter is vacated and the matter is remanded to the Registrar of Contractors for appropriate disposition. Done this day, June 11, 2007.

_________________________________ Michael K. Carroll Administrative Law Judge

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

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

By _______________________________

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Done this day, June 8, 2007.

_________________________________ Michael K. Carroll Administrative Law Judge

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

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

J K Home Builders Inc. 26007 N. 101st Ave. Peoria, AZ 85383

By _______________________________

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Done this day, June 8, 2007.

_________________________________ Michael K. Carroll Administrative Law Judge

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

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

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

By _______________________________

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Done this day, June 8, 2007.

_________________________________ Michael K. Carroll Administrative Law Judge

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

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

Jay R. Graif, Esq. Harper Christian Dichter & Graif PC 2700 N. Central Ave., Ste. 1200 Phoenix, AZ 85004

By _______________________________

----------------------- [1] This matter was previously the subject of an Order Vacating Hearing Due to Settlement issued on March 7, 2007.

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