Vacate: Settlement Recommendation

09F-2467-ROC · Registrar of Contractors · 2009-08-18

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The hearing of this matter convened on August 18, 2009. Robert Mitchell, Esq. represented Complainant Earthcore Industries, L.L.C. Dan Evans, Esq. represented Respondent Elite Building Products, L.L.C. 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 make installment payments in the amount of $750.00 per month, commencing December 1, 2009, to Complainant; b. Respondent will continue to make monthly installment payments to Complainant until the total obligation of $56,965.68 is paid in full; c. No interest will accumulate on the balance owing unless Respondent defaults in payment; d. The parties will revisit the payment terms on June 1, 2010, in order to determine if Respondent is financially able to increase the amount of the monthly payments; e. In the event of a default in payment, Respondent will be given a five day written cure period; if Respondent fails to cure the default within five days, the remaining balance due will be accelerated, and a 10% per year interest rate will begin to accrue; f. The debt specified herein is both a personal debt of Brian Delia and the company debt of Respondent; g. The parties will execute a non-disparagement agreement; h. The parties withdraw their respective Registrar of Contractors complaints; i. The parties will execute mutual releases of all other claims; j. The parties will dismiss with prejudice their respective claims and counter claims filed in Superior Court; and k. Each party will bear its own attorneys’ fees and costs. 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, August 19, 2009.

_________________________________ Sondra J. Vanella Administrative Law Judge

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

William A. Mundell, Director Registrar of Contractors c/o Legal Department 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