ALJDEC decisions subject to certification as final

07F-L0193-ROC · Registrar of Contractors · 2007-05-01

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: April 12, 2007. APPEARANCES: Robert V. Garcia appeared personally. Terra Firma Builders and Developers, Inc., doing business as Dave Garringer’s Construction, was represented by its president and qualifying party, Dave Garringer. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ Based upon the evidence of record, the Administrative Law Judge makes the following Findings of Fact, Conclusions of Law and Recommended Order:

FINDINGS OF FACT

1. Terra Firma Builders and Developers, Inc., doing business as Dave Garringer’s Construction (“Respondent”), is the holder of License No. 144841, a Class B- contracting license issued by the Registrar of Contractors. 2. On or about December 3, 2004, Robert Garcia (“Complainant”) entered into a written agreement with Respondent for the construction of a new residence in Fort Mohave, Arizona. 3. Complainant subsequently filed a written complaint with the Registrar of Contractors alleging statutory and regulatory violations by Respondent. 4. Because Respondent’s contracting license was revoked at the time Complainant filed his complaint, no corrective work order was issued by the Registrar of Contractors. 5. On April 5, 2007, the Registrar of Contractors’ assigned inspector, Cliff Corlett, performed a prehearing jobsite inspection. Inspector Corlett found the following deficiencies:

a. Two sets of French doors need weather stripping repairs to properly seal. b. Pantry doors in the kitchen are out of alignment at the top. c. A bi-fold door in the hallway is off the track at the bottom. d. The pocket door in the master bathroom has no strike plates. e. The front door is missing a hindge.

6. Respondent failed to perform landscaping at Complainant’s residence. Included in the contract price, which was paid in full by Complainant, was a $1,200.00 landscape allowance. 7. Respondent also failed to clean Complainant’s front yard. Complainant had to pay someone $300.00 to clean it. 8. Respondent is found to have abandoned Complainant’s project. 9. Respondent’s abandonment and failure to perform its scope of work to minimum workmanship standards are wrongful acts that have substantially injured Complainant. 10. A review of the official records of the Registrar of Contractors reveals that Respondent’s License No. 144841 has been revoked since September 9, 2006. As a result of the revocation, Respondent can not perform, or cause to be performed, any required remedial repairs in this matter. The Registrar of Contractors’ records further reflect that there are five open complaints, six disciplined complaint, and seven resolved/settled/withdrawn complaints against Respondent’s license.

CONCLUSIONS OF LAW

1. The Registrar of Contractors has jurisdiction over Respondent and the subject matter in this case. 2. Pursuant to A.A.C. R2-19-119(B), Complainant has the burden of proof in this matter. The standard of proof is preponderance of the evidence. A.A.C. R2-19-119(A). 3. Respondent violated the provisions of A.R.S. § 32-1154(A)(1), as cited in the Citation and Complaint issued by the Registrar of Contractors. 4. Respondent violated the provisions of A.R.S. § 32-1154(A)(7), as cited in the Citation and Complaint issued by the Registrar of Contractors. 5. Respondent violated the provisions of A.R.S. § 32-1154(A)(3), specifically A.A.C. R4-9-108, as cited in the Citation and Complaint issued by the Registrar of Contractors. 6. Pursuant to A.R.S. § 32-1154(C), the revocation of Respondent’s Class B- contracting license does not deprive the Registrar of Contractors of authority to impose discipline against that license in this matter.

RECOMMENDED ORDER

Respondent’s License No. 144841 is revoked on the effective date of the Order entered in Case No. L07-0193. In the event of certification of the 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 that certification.

Done this day, May 1, 2007

______________________________________ Brian Brendan Tully Administrative Law Judge

Original 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