Vacate: Settlement Recommendation

08F-G0251-ROC · Registrar of Contractors · 2009-07-09

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Findings of Fact This matter came on for hearing as scheduled. Prior to the receipt of formal testimony, the parties entered negotiations resulting in the following Settlement Agreement (Agreement). The essential terms of the Agreement are that the Respondent shall address and correct the following. 1. Tile Roof System: The Complainant’s inspector and the Respondent’s installer will meet to determine the problems to be corrected. The Respondent’s installer will make necessary corrections which will then be re-inspected by the Complainant’s inspector. 2. Garage: The Respondent will install BATT insulation as required in the detached garage. 3. Home Insulation: The Respondent will evaluate the condition and ensure air baffles are correctly installed, install or replace any missing insulation, and perform infrared testing to ensure the insulation is satisfactory. 4. Microwave Exhaust Vent: The Respondent shall ensure the exhaust opening (vent) for the microwave is properly sized and functioning as required. 5. Garage And Entry Door Paint: the Respondent shall repaint to the color scheme originally selected by the Complainants. 6. Masonry Pilaster: The Respondent will reinforce the wall to prevent excessive movement of he pilaster. 7. Cabinetry: The parties will attempt to resolve the issue by: a. Respondent’s payment to the Complainant in the amount of $3,300.00, or b. The Respondent replacing the cabinet doors and drawer fronts with solid wood, or c. Warranty work on the current cabinets by the cabinet manufacturer, or e. Any combination of the above alternatives or such other remedy as is mutually agreed upon by the parties. 8. Chip in the Master Bathtub: Respondent shall again repair the chip so that it will not reappear. 9. Loft Ceiling: the Respondent is to repair the crack and properly match ceiling paint. 10. Sliding Door: The Respondent is to repair the automatic slider so that it does not continue to fail. 11. Stair Railing: The Respondent is to match the stain on the stair railings. The parties further agree this Agreement resolves the issues raised in this case. Conclusions of Law 1. The law presumes the parties will act reasonably and perform their respective obligations in good faith in accomplishing the final resolution of this case. 2. By virtue of the Agreement, all the rights and defenses of the parties are merged therein and if any petition for further hearing or for a rehearing is to be filed and granted, or if any new complaint is filed against the Respondent, the sole issue for determination will be whether the parties performed their respective obligations under the terms of the Agreement. 3. The law favors the settlement of disputes. Adverse parties are free to adjust their differences by entering settlements which should be recognized and given effect by all tribunals. 4. The Agreement as set forth, having been found to be reasonable and voluntary, warrants the termination of the hearing and a closing of the case. Order In view of the foregoing it is Ordered the hearing is vacated and the matter is remanded to the Registrar of Contractors for final disposition.[1]

Done this day, July 9, 2009.

_________________________________ Allen Reed Administrative Law Judge

Copy transmitted by mail this _____ day of _________, 2009 to:

William A. Mundell, Director Registrar of Contractors c/o Legal Department 3838 N. Central Ave. Phoenix, AZ 85012

By _______________________________

----------------------- [1] The decision in the case shall be effective forty (40) days from the date of the decision, or if certified by the Director of the Office of Administrative Hearings, forty (40) days from the date of certification.

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Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826