Vacate: Settlement Recommendation

07F-1253-ROC · Registrar of Contractors · 2007-10-24

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: October 24, 2007 APPEARANCES: Complainant appeared on his own behalf and Respondent was represented by its attorney, Richard Gramlich. ADMINISTRATIVE LAW JUDGE: Mark A. Silver ________________________________________________________________

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 commencement of the instant hearing, the parties concluded 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. Respondent will remove the swimming pool water-line tile and install a brown coat on the bond beam, using elastomeric mortar in said area, up to the pool deck. After completing this work, Respondent will then install new 6 x 6 tiles in said area, in a proper workmanlike manner. The parties further agree and understand that other than meeting workmanship standards in the installation of the new tile, Respondent will provide no warranty on said work or materials and Complainant agrees that after he accepts the initial installation on the new tile, he will not file any further Registrar of Contractors’ Complaints regarding said area of his pool. b. Respondent agreed to secure the pool light onto the wall of the pool. Complainant is responsible for the electrical wiring providing the necessary electricity to the light. c. Respondent will lower the pool skimmer. d. Respondent will complete all of the remedial work in this settlement agreement on or before Wednesday, November 21, 2007. e. Complainant will pay Respondent the sum of $800.00 upon completion of the above-described remedial work. f. 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, October 24, 2007.

_________________________________ Mark A. Silver 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 _______________________________

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