Vacate: Settlement Recommendation

07F-2623-ROC · Registrar of Contractors · 2008-03-13

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: March 12, 2008 APPEARANCES: Complainant appeared on his own behalf. Palmer Hart Building Group, Inc. (“Palmer”) was represented by its attorney, Everett Butler. Restoration Services Ltd. (“Restoration”) appeared through its qualifying party, Chuck Nechtman. ADMINISTRATIVE LAW JUDGE: Mark A. Silver ________________________________________________________________

Evidence and testimony were presented and, 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, during a recess in 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. Palmer will pay to Complainant the sum of $6,000.00 on or before March 17, 2008. Based on this payment, Complainant not only withdrew the instant filed Complaint against Palmer but he waived any right to file other claims, civil or administrative, against Palmer, known or unknown at the time of the hearing, except for any latent defects that may be discovered in his home. b. Restoration agreed to perform the necessary remedial work on the two leaking windows at issue in this matter and the billing to Complainant for said work shall at Restoration’s bare cost. Restoration also agreed to cause a mold investigation to occur and will pay the costs for not only said investigation but also any remediation that may be necessary. Complainant agreed to withdraw the filed Complaint against Restoration.

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, March 13, 2008.

_________________________________ Mark A. Silver Administrative Law Judge

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

Fidelis V. Garcia, Director Registrar of Contractors 3838 N. Central Ave. Phoenix, AZ 85012

By _______________________________

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