ALJDEC decisions subject to certification as final

07F-Y0018-ROC-RES · Registrar of Contractors · 2007-06-29

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: June 28, 2007, at 9:00 a.m. APPEARANCES: The Complainant appeared on his own behalf. 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. This is a residential matter where the Respondent entered into an agreement with the Complainant to construct a custom swimming pool for the sum of $28,200.00. 2. There was no dispute that the Complainant paid the Respondent the sum of $14,100.00 and the Respondent began construction work on the swimming pool. 3. The Respondent then stopped work on the swimming pool and abandoned the construction site leaving the Complainant with an unfinished, unprotected and dangerous hole in the ground. 4. The Respondent’s Class KA-05 License was revoked by the Registrar of Contractors on March 13, 2007. 5. The Complainant then obtained bids from three separate swimming pool contractors for the completion of the swimming pool. 6. The Complainant retained the low biding contractor which then finished the swimming pool for $27,504.00 which added the sum of $13,404.00 to the cost of constructing the Complainant’s swimming pool. 7. The Respondent’s actions, in failing to perform its work in a professional and workmanlike manner and in abandoning the construction site leaving the Complainant with a dangerous, unfinished swimming pool, are found to constitute a wrongful act. 8. 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) (1) (Abandonment) and (7) (Wrongful Act).

RECOMMENDed order In view of the foregoing, it is recommended the Respondent’s Class KA- 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, June 28, 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 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826