Vacate: Settlement Recommendation

06F-M2255W-ROC · Registrar of Contractors · 2007-11-13

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The hearing of this matter convened on October 30, 2007. Complainants Chad and Tammy Ash appeared on their own behalf. Richard Gramlich, Esq. represented Respondents Superior Pool Construction, Inc. and Superior Custom Concrete, 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: a. Respondents will remove and replace a 12’ x 12’ section of driveway concrete from joint to joint; b. The parties agree to a 12 month warranty on this work and Complainants specifically waive the additional 12 month jurisdiction of the Registrar of Contractors; c. Respondents do not guarantee a color match because new concrete will abut existing concrete; d. Respondents will remove and replace the tile on top of the spillway and the bullnose on the spillway; e. Respondents will plaster fill the joint line below the spillway and to the right, for a total of 12 feet; Respondents do not guarantee the color match, however, Respondents will utilize the same 3M product; f. Respondents will replace 6’ of loose tile around the island and one missing tile on the table; and g. Respondents will re-texture and re-acrylic lace all existing deck around the pool and Jacuzzi. 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, November 14, 2007.

_________________________________ Sondra J. Vanella Administrative Law Judge

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

Fidelis V. Garcia, 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