ALJDEC decisions subject to certification as final

07F-S0255-ROC · Registrar of Contractors · 2008-04-24

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: April 21st, 2008; 1:30 p.m. APPEARANCES: Complainant, JLM Roofing Company, Inc., doing business as Littleton Roofing Co. of AZ, was represented by Mr. Gary D. Goble, Secretary/Comptroller. Respondent, Alleare, LLC, was represented by Mr. Manuel Molera, owner. ADMINISTRATIVE LAW JUDGE: Grant Winston _____________________________________________________________________ The administrative hearing of this matter was held in the Office if Administrative Hearings, Tucson. Testimony was heard and other evidence admitted to the record, and, based on the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order are made.

FINDINGS OF FACT 1. Respondent herein, Alleare, LLC, is, and during all time material hereto was, a contractor licensed by and doing business in the State of Arizona, holding Class KB-01 License number 168465. 2. Complainant, JLM Roofing Company, Inc., doing business as Littleton Roofing Co. of AZ, contracted with Respondent in writing on or about October 17th, 2005, for the roofing of an apartment complex in Nogales, Arizona, for an amount exceeding $150,000.00. 3. Complainant filed the instant Complaint in the Registrar of Contractors on June 20th, 2007, alleging an unpaid amount owing on a change order to the contract of $6,464.50. 4. Citation and Complaint issued from the Registrar of Contractors on October 23rd, 2007, citing Respondent with possible violations of A.R.S. 32-1154.A.7, and 11. 5. Respondent filed a Written Answer to the Citation and Complaint on November 6th, 2007, stating that the change order was never properly approved or executed, and is therefore invalid. 6. A copy of the change order relied on by Complainant was entered into evidence and it bears the signature of Complainant’s General Manager, Mr. Daniel Bobbitt, but the space provided for a signature by the Respondent indicating Respondent’s approval is blank. Respondent’s testimony was that this project being federally funded it is legally required for the contract and all change orders to be in writing. 7. Complainant contends that the work in question was properly performed; Respondent denies this. 8. Testimony was given at the administrative hearing by Mr. Bobbitt, Complainant’s Secretary/Comptroller Mr. Gary D. Goble, and Respondent’s Owner Mr. Manuel Molera. It appeared form their respective testimonies that the parties cannot agree on what work was agreed, or whether the agreed work was performed. 9. The parties have a good faith monetary and/or contract dispute which should be more properly resolved, if at all, in a civil court of competent jurisdiction.

CONCLUSIONS OF LAW 1. This administrative hearing was held under authority of and pursuant to A.R.S. 32-1156, and A.R.S. 41-1092. 2. Respondent is charged in the instant Citation and Complaint with possible violations of A.R.S. 32-1154.A.7 and 11. 3. A good faith monetary and/or contract dispute, absent evidence of other wrongdoing, does not warrant disciplinary action upon a licensee. See: Bentivegna v. Powers Steel & Wire Products, Inc., 206 Ariz. 581, 81 P.3d 1040 (Ariz. App. Div. 1, 2003).

RECOMMENDED ORDER The parties have a good faith monetary and/or contract dispute which should be more properly resolved, if at all, in a civil court of competent jurisdiction. Wherefore, it is hereby recommended that Citation and Complaint No. S07-0255, be dismissed on the effective date of this Order (40 days after the date of service appearing on the Registrar’s certification on the Order). In the event of certification of the Administrative Law Judge’s Decision and Order by the Director of the Office of Administrative Hearings, then the effective date of the Order shall be 40 days after the date of that certification. Done this day, April 21, 2008.

______________________________________ Grant Winston 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 N. Stone Ave., Suite 704 Tucson, Arizona 85701 (520) 628-5488