ALJDEC decisions subject to certification as final

07F-T0119-ROC · Registrar of Contractors · 2007-07-12

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: May 21, 2007, at 1:30 p.m. APPEARANCES: The Complainants appeared through Federico Martinez. The Respondent appeared through its attorney, Randall Sammons. 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. During the hearing the parties entered into an agreement to hold the record in this matter open to allow the Respondent sufficient time to cause appropriate corrective action to take place on the Complainants’ residence. 2. There is no dispute that the Respondent caused no corrective action to occur on the Complainants’ residence as required by the parties’ Agreement to hold the record open. 3. This is a residential matter where the Respondent constructed a new residence for the Complainants utilizing a product identified as “Mikey” block for the exterior walls of the residence. 4. The Complainants experienced repeated water leaks through the block walls and front exterior door of the residence.

5. The Complainants repeatedly notified the Respondent of the water leakage and the Respondent has repeatedly attempted unsuccessful corrective attempts to stop the unacceptable water leakage. 6. When the Respondent failed to correct the unacceptable water leakage the Complainants filed a formal Complaint, against the Respondent, with the Registrar of Contractors. 7. Pursuant to the filing of the formal Complaint, an assigned Agency Inspector conducted an on-site inspection and issued a written Corrective Work Order directing the Respondent to perform designated corrective work on the Complainant’s residence. 8. The Corrective Work Order provides, in pertinent part as follows: “1. Contractor to correct leaks and damage from leaks and repair work on floors, walls and ceiling, as shown at the jobsite inspection in: a) Kitchen, south wall, west of door. b) Kitchen, south wall, east of door. c) Master bedroom ceiling. d) Master bedroom south wall and floor. e) Hall outside bath, floor. f) Office, west wall. g) Casita, east wall and south wall and floors. h) Hall bath floor. i) Master bath floor. j) Hall to kitchen from bath, floor. k) Laundry room floor. l) At all French doors, floor. m) Living room lintel work, damage. n) Living room floor, east and south wall. o) Front entry door leak at floor level.” 9. There was no dispute that the Respondent had only corrected the office, west wall and the remaining items had not been corrected. 10. The Respondent’s actions, in failing to perform its work in a professional and workmanlike manner, to comply with the terms and conditions of a Corrective Work Order and in entering into an agreement to cause the performance of corrective action on the Complainants’ residence and then failing to cause any corrective action to occur, are found to constitute a wrongful act. 11. 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) (7) (Wrongful Act), (23) (Failure to take appropriate corrective action) 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 Registrar’s Class B- 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, July 12, 2007.

______________________________________ M. Douglas Administrative Law Judge

Original transmitted by mail this ____ Day of ____________, 2007, to:

Registrar of Contractors Fidelis V. Garcia Legal Department 800 West Washington, 6th Floor Phoenix, AZ 85007

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

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