ALJDEC decisions subject to certification as final

08F-T0520-ROC · Registrar of Contractors · 2008-09-30

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: September 26, 2008, at 11:00 a.m. APPEARANCES: The Complainants appeared through Allan Conger. 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. Respondent is the holder of a Class B-05 License issued by the Registrar of Contractors. The Respondent’s Class B-05 License was revoked on September 9, 2008. 2. There was no dispute that the Respondent entered into a Construction Agreement with the Complainants to construct a swimming pool and spa with solar heating for the total sum of $39,000.00. 3. During the course of construction the Complainants noticed numerous areas of poor or incomplete workmanship and repeatedly requested the Respondent to properly correct and complete the construction of their new swimming pool and spa. 4. There was no dispute that in late September 2007 the Complainant requested the final payment for the Complainants’ swimming pool despite the fact that the solar system had not yet been installed and there were numerous construction errors that remained to be corrected. 5. There was no dispute that the Complainants paid the final payment to the Respondent and that the Respondent then abandoned the construction project leaving the Complainants with an incomplete swimming pool and spa. 6. The Complainants then filed a formal Complaint, against the Respondent, with the Registrar of Contractors. 7. Undisputed testimony established that several of the subcontractors that worked on the Complainants’ swimming pool have not been paid and at least one has filed a preliminary lien on the Complainants’ residence. 8. There was no dispute that the Respondent has failed to install the agreed upon solar hot water hearing system on the Complainants’ residence as required by the parties’ Construction Agreement. 9. There was no dispute that the installation of the missing solar system will cost over $4,000.00. 10. The Respondent’s actions, in failing to perform its work in a professional and workmanlike manner and in abandoning the construction project leaving the Complainants with an unfinished swimming pool and a missing solar hot water heating system, 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) (1) (Abandonment), (2) (Departure from plans and specifications), (7) (Wrongful Act), 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 Respondent’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, September 26, 2008.

______________________________________ M. Douglas Administrative Law Judge Original transmitted by mail this ____ Day of ____________, 2008, to:

Armando Contreras, Acting Director Registrar of Contractors 3838 N. Central Ave., Ste. 400 Phoenix, AZ 85012-1906

By ___________________________

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Office of Administrative Hearings 100 N. Stone Avenue, Suite 704 Tucson, AZ 85701 (520) 628-5488 Fax: (520) 628-5575 www.azoah.com