ALJDEC decisions subject to certification as final

09F-5232-ROC · Registrar of Contractors · 2010-01-13

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: January 13, 2010 at 8:00 a.m. APPEARANCES: The Complainant appeared on his own behalf. The Respondent failed to appear. ADMINISTRATIVE LAW JUDGE: M. Douglas

Evidence and testimony were presented and the following Findings of Fact, Conclusions of Law and Recommended Order are made:

FINDINGS OF FACT

1. The Respondent is the holder of a Class B-03 License issued by the Registrar of Contractors. 2. This is a residential matter where the Respondent entered into an agreement with the Complainant to perform an extensive remodeling of the Complainant’s residence. 3. Undisputed credible testimony and evidence established that the Respondent abandoned and failed to complete the agreed upon construction project leaving the Complainant with an unfinished and unlivable residence. . 4. When the Respondent failed to comply with the Complainant’s demands to return to the Complainant’s residence and complete the remodeling project the Complainant filed a formal Complaint against the Respondent with the Registrar of Contractors. 5. Undisputed credible testimony and evidence established that the Complainant was then forced to act as his own general contractor to complete the remodeling project. 6. Undisputed credible testimony and evidence established that the Complainant was required to expend an additional $48,284.65 to complete the construction project. 7. Undisputed credible testimony and evidence established that the Complainant’s actions in acting as an owner/builder and completing the construction project at an increased cost of $48,284.65 were reasonable and justified under the circumstances. 8. There was no dispute that the Respondent signed a promissory note to pay the Complainant for the Complainant’s additional expenses in completing the construction project. 9. There was no dispute that the Respondent failed to comply with the terms and conditions of the promissory note. 10. There was no dispute that the Respondent failed to pay the Complainant any money for the Complainant in accordance with the terms and conditions of the signed promissory note.. 11. There was no dispute that the Respondent failed comply with the terms and conditions of A.R.S. §32-1124(B) (Issuance and display of license). 12. The Respondent’s actions, in abandoning a construction project and leaving the Complainant with an unfinished residence and in signing a promissory note to pay for the damages caused by the Respondent’s actions and then failing to comply with the terms and conditions of the promissory note, are found to constitute a wrongful act. 13. 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); (A)(7) (Wrongful Act); (A)(11) (Failure to pay monies when due); and (A)(13): NAMELY A.R.S. §32-1124(B).

RECOMMENDed order In view of the foregoing, it is recommended that the Respondent’s Class B-03 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, January 13, 2010.

/s/ M. Douglas 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