Vacate: Settlement Recommendation

09F-1254-ROC · Registrar of Contractors · 2009-07-16

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Pursuant to the Notice of Hearing issued by the Registrar of Contractors, this matter came on for hearing on July 16, 2009, at 1:30 a.m. before the Office of Administrative Hearings, an independent agency. S C M Builders, Inc. (“Complainant”) was represented by its attorney, Andy Kvesic, Esq. Xtreme Steel Co., L.L.C. (“Respondent”) was represented by it member, Brandi Weston. After the commencement of the hearing but prior to its adjournment, the parties entered into a settlement agreement, the essential terms of which were read into the record. The essential terms of the settlement agreement are as follows: 1. Complainant agreed to withdraw its Complaint in Case No. 09- 1254. 2. Respondent agreed to release Complainant from all claims pertaining to the project in Case No. 09-1254. 3. Respondent agreed to release Complainants from all claims pertaining to the Walgreen’s project located at Riggs and Gilbert in Chandler, Arizona. 4. Respondent agreed to release its mechanic’s lien. 5. The parties agreed to execute a written settlement agreement, which is to reflect the terms of the settlement agreement announced at the hearing. 6. Respondent acknowledged that Complaint No. 09-1254 would be reflected in the Registrar of Contractors’ records as a resolved/withdrawn/settled complaint. The parties agreed that all rights and defenses were to be merged into the settlement agreement and if any petition for rehearing or this matter was to be filed and granted, or if any new complaint was filed, the sole issues for determination shall be whether or not the parties have performed their respective obligations under the terms their settlement agreement. The terms of the settlement were determined to be the product of knowing and voluntary action on the part of each party. 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. 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 IT IS ORDERED that the hearing in this matter be vacated, and that Case No. 09-1254 be remanded to the Registrar of Contractors for further action.

Done this day, July 16, 2009.

_________________________________ Brian Brendan Tully 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

Andy M. Kvesic, Esq. Ryley Carlock & Applewhite, PA One North Central Avenue, Suite 1200 Phoenix, AZ 85004-4417

Xtreme Steel Co., L.L.C. 336 W. Chestnut Trail Queen Creek, AZ.85243

By _______________________________

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