Vacate: Settlement Recommendation

08F-L0264-ROC · Registrar of Contractors · 2008-12-04

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: December 3, 2008 APPEARANCES: Complainant was represented by its attorney, Donald Loose and Respondent was represented by its attorney, Alex Vakula. ADMINISTRATIVE LAW JUDGE: Mark A. Silver ________________________________________________________________ Based upon the entire record in this matter, the following Findings of Fact, Conclusions of Law, and Recommended Order are made:

FINDINGS OF FACT

1. Following a prolonged discussion between the parties, prior to commencement of the instant hearing, the parties concluded a settlement agreement, the essential terms of which were read upon the record.

2. Pursuant to the terms of the aforementioned settlement agreement, the parties agreed as follows:

a. Complainant will provide Respondent with conditional final lien waivers from itself and all of the subcontractors that worked for Complainant on the project at issue in this matter. These documents shall be delivered to Respondent’s attorney’s office on or before the close of business on December 4, 2008. b. Respondent will pay Complainant the total sum of $26,200.00 on or before the close of business on December 5, 2008. The payment shall be delivered to the office of Complainant’s attorney and the check shall be made payable to Complainant’s attorney’s trust account. c. Once the above-described check clears the banking system, Complainant will then provide all of the necessary final unconditional lien waivers to Respondent. d. This settlement agreement releases any and all claims that the parties have against one another. e. Complainant agreed to withdraw this filed Complaint with the Registrar of Contractors and Respondent agreed to withdraw a recently filed Complaint against Complainant that it filed with the Registrar of Contractors. f. The pending civil court case between these parties will be dismissed with prejudice, each party to assume all of their own fees and costs. g. All workmanship warranties, on the project at issue herein, remain in place.

3. The parties agreed that all rights and defenses were to be merged into the settlement agreement and if any petition for rehearing of this matter was to be filed and granted, or if any new complaint was filed, the sole issues for determination shall be whether the parties have performed their respective obligations under the terms of the aforesaid settlement agreement.

4. The terms of the forgoing settlement were determined to be the product of knowing and voluntary action on the part of each party.

5. Based on the settlement agreement, 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, it is recommended that this matter be vacated from the calendar of the Office of Administrative Hearings and remanded to the referring Agency for appropriate disposition.

Done this day, December 4, 2008.

_________________________________ Mark A. Silver Administrative Law Judge

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

Armando Contreras, Director Registrar of Contractors 3838 N. Central Ave. Phoenix, AZ 85012

By _______________________________

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