Vacate: Settlement Recommendation

07F-M0424-ROC · Registrar of Contractors · 2007-09-05

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The hearing of this matter convened on August 27, 2007. Complainant Ann Koleszar appeared with her husband, John Koleszar, and their son, Jim Koleszar. Craig Verweer and Mike Richards appeared on behalf of Respondent Golden Heritage Construction, Inc. 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. Regarding the casita, Respondent will install a fresh air intake system into the existing air conditioning system, as well as a timed thermostat to control the amount of fresh air flow; b. Respondent will set up the initial programming of the thermostat and instruct Complainants on how the thermostat functions; c. The parties will allow the system to operate as programmed by Respondent for a period of thirty days, and then the parties will re-evaluate the programmed settings for the thermostat; d. Respondent will perform, within the thirty day evaluation period, any necessary drywall repair and painting resulting from the work performed to the system; e. Respondent will re-landscape the front yard to include a landscape wall made of CMU block and faced with stone veneer; f. Respondent will restore the landscaping per the diagram attached hereto as Exhibit “A”, at no charge to Complainants; g. Completion will be within thirty days of homeowner association approval; and h. Respondent gives Complainants a ten year warranty against catastrophic landscape failure due to water intrusion from the public right of way; the ten year warranty will commence upon completion of the work. 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, September 10, 2007.

_________________________________ Sondra J. Vanella Administrative Law Judge

Copy transmitted by mail this _____ day of September, 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