ALJDEC decisions subject to certification as final

09F-5203-ROC · Registrar of Contractors · 2010-01-20

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: December 31, 2009 APPEARANCES: Tamimi Architects, L.L.C. was represented by its authorized representative, Marwan Mujahed. Builders Unlimited, L.L.C. was represented by its member and qualifying party, Abdalla Al Basal. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ Based upon the evidence of record, the Administrative Law Judge makes the following Findings of Fact, Conclusions of Law, and Recommended Order: FINDINGS OF FACT 1. Builders Unlimited, L.L.C. (“Respondent”) is the holder of License No. 243457, a Class A- contracting license issued by the Registrar of Contractors (“Registrar”). 2. On June 11, 2008, Ghassan Sroujieh, D.D.S., the owner of the subject property, entered into a contract with Respondent to construct a commercial building at 3501 W. Northern Avenue, Phoenix, Arizona. Respondent served as the project’s general contractor. 3. Dr. Sroujieh selected Complainant to be the project’s architecture firm. 4. Complainant and Respondent entered into a written agreement dated May 5, 2008, which set forth Complainant’s scope of work for the subject project. 5. On January 29, 2009, Respondent terminated Complainant via email correspondence. 6. On May 3, 2009, Complainant filed a written Complaint with the Registrar alleging that Respondent failed to pay Complainant an outstanding balance of $6,543.00 for services rendered on the subject property prior to Complainant’s termination. 7. The Registrar designated Complainant’s Complaint as Case No.09-5203. 8. On May 3, 2009, Dr. Sroujieh terminated his contract with Respondent because Respondent terminated Complainant without his approval and Respondent failed to pay Complainant notwithstanding Respondent having received payment for Complainant’s work from Dr. Sroujieh. 9. The Registrar issued a Citation and Complaint in Case No. 09-5203 alleging violations by Respondent of A.R.S. § 32-1154(A) (7), (11), and (13), specifically A.R.S.§ 32-1124(B). 10. The Registrar forwarded Case No. 09-5203 to the Office of Administrative Hearings, an independent agency, for an evidentiary hearing. 11. The evidence of record established that Complainant performed its scope of work in an appropriate manner. 12. Respondent’s allegation that Complainant’s plans submitted to the City of Phoenix had major problems is not supported by the evidence of record. The City official who reviewed Complainant’s plans noted, among other things, that the following two items required remedial action, which were within Complainant’s scope of work: 1. Place the tracking numbers on each sheet of the site plan submittal. 2. Add the correct address in the title block.

13. The above-described two items requiring remedial action by Complainant are found to be minor items. 14. Complainant presented credible evidence that it is owned the sum of $6,543.00 from Respondent for work completed by Complainant until it was terminated from the subject project by Respondent. 15. Respondent’s failure to pay Complainant the outstanding balance of $6,543.00 is a wrongful act resulting in substantial injury to Complainant. CONCLUSIONS OF LAW 1. The Registrar has jurisdiction over Respondent and the subject matter in this case. 2. Pursuant to A.A.C. R2-19-119(B), Complainant has the burden of proof in this matter. The standard of proof is preponderance of the evidence. A.A.C. R2-19-119(A). 3. Respondent violated the provisions of A.R.S. § 32-1154(A) (11), as charged in the Citation and Complaint issued by the Registrar. The above Findings of Fact support this conclusion. 4. Respondent violated the provisions of A.R.S. § 32-1154(A) (7), as charged in the Citation and Complaint issued by the Registrar. The above Findings of Fact support this conclusion. 5. There is insufficient evidence to conclude that Respondent violated the provisions of A.R.S. § 32-1145(A) (13), specifically A.R.S. § 32- 1124(B). Complainant did not address this issue at the hearing. RECOMMENDED ORDER Respondent’s License No. 243457 shall be suspended on the effective date of the Order entered in Case No. 09-5203 until the Respondent submits written proof, and the Registrar approves such proof, that Respondent has paid Complainant the sum of $6,543.00. If Respondent pays Complainant the sum of $6,543.00 on or before the effective date of the Order entered in Case No. 09-5203, and the Registrar approves proof of such payment, then the above-provided license suspension shall not take place. In addition to the above provided license suspension, if any, Respondent’s License No. 243457 shall be placed on disciplinary probation for a period of 120 days commencing on the effective date of the Order entered in Case No. 09-5203 or the date on which the Registrar approves proof that Respondent has paid the sum of $6,543.00, whichever is later.

Done this day, January 20, 2010.

/s/ Brian Brendan Tully Administrative Law Judge

Transmitted electronically to:

William A. Mundell, Director Registrar of Contractors -----------------------

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