Vacate: Settlement Recommendation

07F-2459-ROC · Registrar of Contractors · 2008-02-04

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The hearing of this matter convened on January 22, 2008. Complainants Stephen and Jo Ellen O’Bryant appeared on their own behalf. Derrick Daba appeared on behalf of Respondent Charlevoix Homes General Contracting, L.L.C. 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. The parties stipulated that developer Meridian Hills, L.L.C. is the owner of subdivision Buena Vista III, wherein Complainants purchased a home; b. Complainants have canceled their purchase contract and have requested the reimbursement of their earnest money deposit; c. Respondent does not dispute that Complainants are entitled to such reimbursement, however, Meridian Hills, L.L.C. has filed a petition for Chapter 11 bankruptcy; d. Respondent has agreed to have Complainants placed on Meridian Hills, L.L.C.’s list of creditors and to provide Complainants with a Proof of Claim form to be completed and submitted by Complainants; e. The parties agree that in the event Complainants’ claim is not satisfied in Meridian Hills L.L.C.’s bankruptcy re-organization, that Complainants may request that the Registrar of Contractors re- open this matter for full evidentiary hearing; and f. Respondent acknowledged that Meridian Hills L.L.C.’s bankruptcy proceeding does not act as a bar to this proceeding against Respondent. 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, February 4, 2008.

_________________________________ Sondra J. Vanella Administrative Law Judge

Copy transmitted by mail this _____ day of February, 2008 to:

Fidelis V. Garcia, Director Registrar of Contractors 3838 North Central Avenue Phoenix, AZ 85012

By _______________________________

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