ALJDEC decisions subject to certification as final

06F-T1118-ROC · Registrar of Contractors · 2006-12-12

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: December 7, 2006, at 9:00 a.m. APPEARANCES: The Complainants appeared through Tito Armenta. The Respondent failed to appear. ADMINISTRATIVE LAW JUDGE: M. Douglas

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

FINDINGS OF FACT 1. Respondent is the holder of a Class B-03 License issued by the Registrar of Contractors. 2. This is a residential matter where the Complainants entered into a written Agreement with the Respondent for the construction of a new garage and the remodeling of the Complainants’ existing garage into a family room. 3. Pursuant to the terms of the Agreement the Complainants paid the Respondent $7,000.00 as a down payment. 4. The Respondent then delivered trusses and started work on the foundation for the new garage. 5. The Respondent then stopped work at the construction project and failed to return. 6. The Complainants were dissatisfied with the Respondent’s workmanship and with the Respondent’s failure to return to the Complainants’ residence and properly complete the construction project despite repeated requests that it do so. 7. When the Respondent failed to comply with the Complainant’s repeated requests, the Complainants filed a formal Complaint, against the Respondent, with the Registrar of Contractors. 8. Pursuant to the filing of the formal Complaint, an assigned Agency Inspector conducted an on-site inspection and issued a written Corrective Work Order directing the Respondent to perform designated corrective work on the Complainant’s residence. 9. The Corrective Work Order provides, in pertinent part, as follows: “Ensure that the slab elevation is correct and complete this project according to all agreements, contract, good workman like practices, industry standards, manufacturer’s instructions, per all codes, etc.” 10. There was no dispute that the Respondent did not perform any corrective work in response to the Corrective Work Order. 11. There was no dispute that the wood trusses and the wood form for the foundation of the garage have been exposed to the elements for several months and the wood has deteriorated to the point where it may not be salvageable. 12. The Respondent’s actions, in failing to perform its work in a professional and workmanlike manner and in abandoning a construction project leaving it in an unprotected and unfinished condition, are found to constitute a wrongful act. 13. Notice is taken of the Respondent’s prior License record with the Registrar of Contractors. CONCLUSIONS OF LAW 1. The credible evidence of record established violations by the Respondent of the provisions of A.R.S. (32-1154 (A) (Abandonment), (7) (Wrongful Act), (23) (Failure to take appropriate corrective action) and (3); namely, Rule R4-9-108 (Failure to perform work in a professional and workmanlike manner)

RECOMMENDEd oRDER In view of the foregoing, it is recommended the Respondent’s Class B- License be revoked. In the event of certification of this Administrative Law Judge Decision by the Director of the Office of Administrative Hearings, the effective date of the Order will be 40 days from the date of the certification. Done this day, December 7, 2006.

______________________________________ M. Douglas Administrative Law Judge

Original transmitted by mail this ____ Day of ____________, 2006, to:

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

By ___________________________ -----------------------

Office of Administrative Hearings 100 North Stone Avenue, Suite 704 Tucson, Arizona 85701 (520) 628-5488