Vacate: Settlement Recommendation

08F-G0261-ROC · Registrar of Contractors · 2008-10-21

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The hearing of this matter convened on October 21, 2008. Julie Kriegh, Deputy City Attorney for the City of Surprise, represented Complainant City of Surprise. Joel Sannes, Esq. represented Respondent PFG Construction, Inc. Based upon the entire record in this matter, the following Findings of Fact, Conclusions of Law, and Order are submitted to the Director of the Arizona Registrar of Contractors. FINDINGS OF FACT 1. Prior to the commencement of the hearing, outside the presence of the Administrative Law Judge, the parties concluded a settlement agreement, the terms of which were read upon the record. 2. The terms of the aforementioned settlement agreement are as follows: a. Respondent will supply the manufacturer’s warranty for the one-ply roofing; b. Respondent will provide and install a new gasket on the large air compressor; c. Regarding Item #10 on the filed complaint, Respondent will repair the threshold to not allow water to seep into the storage room; d. Regarding Item #32 on the filed complaint, Respondent will remove the epoxy from the floor in the livable areas; e. The above delineated items will be performed within thirty (30) days of the hearing date; f. Within ninety (90) days of the hearing date, Respondent will pay the sum of $15,000.00 to the City of Surprise for the re- installation of a floor covering; and g. The parties have stipulated that an issue not contained in the filed complaint, involving the electrical can lights, will be addressed at a later date by the parties. 3. The Administrative Law Judge finds the terms of the foregoing settlement to be the product of knowing and voluntary action on the part of each party. 4. Based on the settlement agreement between the parties, the hearing was vacated. CONCLUSIONS OF LAW 1. The policy of the law favors settlements of disputes and adverse parties should be free to adjust their differences by entry into agreements or stipulations of settlement which should be recognized and given effect by all tribunals. 2. The settlement reached and submitted during the hearing of this matter, having been found to be voluntarily made, warrants the termination of the instant hearing. ORDER In view of the foregoing, the hearing in this matter is vacated and the matter is hereby remanded to the Registrar of Contractors for appropriate disposition.

Done this day, October 21, 2008.

_________________________________ Sondra J. Vanella Administrative Law Judge

Copy transmitted by mail this _____ day of October, 2008 to:

Armando Contreras, Director Registrar of Contractors 3838 North Central Avenue Phoenix, AZ 85012

By _______________________________

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