ALJDEC decisions subject to certification as final

07F-P0275-ROC · Registrar of Contractors · 2008-02-07

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 6, 2008, at 9:00 at 9:00 a.m. APPEARANCES: The Complainants appeared on their own behalves. The Respondent failed to appear. ADMINISTRATIVE LAW JUDGE: M. Douglas

Evidence and testimony were presented and, based upon the entire record; the following Findings of Fact, Conclusions of Law and Recommended Order are made:

FINDINGS OF FACT 1. Mrs. Michelle Weaver is a co-owner of the residential property at issue and, without objection, was added as a named Complainant in this matter. 2. This is a residential matter where the Respondent entered into a Construction Agreement with the Complainants wherein the Respondent agreed to construct a concrete foundation for the Complainants’ manufactured residence for the total sum of $14,600.00. 3. There was no dispute the Complainants then paid the Respondent a deposit of $7,000.00 and the Respondent started work on the construction project. 4. There was no dispute the Respondent performed very little construction work and then abandoned the construction project. 5. The Complainants then repeatedly requested the Respondent to return to the construction project and complete the agreed upon construction work. 6. When the Respondent failed to comply with the Complainants’ repeated requests, the Complainants retained an alternative contractor to complete the construction project and filed a formal Complaint, against the Respondent, with the Registrar of Contractors. 7. Undisputed credible evidence, presented at hearing, established the completion of the construction work was necessary for the installation of the Complainants’ manufactured residence. 8. The Complainants actions in retaining an alternative contractor to complete the construction project prior to the hearing of this matter were shown to be reasonable and justified under the circumstances. 9. Undisputed credible testimony and evidence, presented at hearing, established the Complainants received no value for the $7,000.00 that the Complainants paid the Respondent. 10. Undisputed credible testimony and evidence established the Complainants paid their alternative contractor $24,041.20 to complete the construction project. 11. The sum of $24,041.20 was shown to be a reasonable and justified sum for the construction work that was required to complete the construction project and to be substantially in excess of the sum set forth in the parties’ Construction Agreement. 12. Credible testimony and evidence established the Respondent abandoned the construction project and placed the Complainants in a position where they were forced to expend additional funds to complete the agreed upon construction project. 13. Credible testimony and evidence established the small amount of work actually completed by the Respondent failed to comply with applicable industry and workmanship standards and the Complainants received no value for the work performed by the Respondent. 14. The Respondent’s actions, in failing to perform its work in a professional and workmanlike manner and in abandoning a construction project causing the Complainants several thousand dollars in additional expenses, are found to constitute a wrongful act. 15. Notice is taken of the Respondent’s prior License record with the Registrar of Contractors.

CONCLUSIONS OF LAW 1. The credible evidence of record established violations by the Respondent of the provisions of A.R.S. (32-1154 (A) (Abandonment), (7) (Wrongful Act) and (3); namely, Rule R4-9-108 (Failure to perform work in a professional and workmanlike manner).

RECOMMENDed order In view of the foregoing, it is recommended the Respondent’s Class KB- License be revoked. In the event of certification of this 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 the certification. Done this day, February 6, 2008.

______________________________________ M. Douglas Administrative Law Judge

Original transmitted by mail this ____ Day of ____________, 2008, to:

Registrar of Contractors Fidelis V. Garcia 3838 N. Central Ave., Ste. 400 Phoenix, AZ 85012-1906

By ___________________________ -----------------------

Office of Administrative Hearings 100 North Stone Avenue, Suite 704 Tucson, Arizona 85701 (520) 628-5488