ALJDEC decisions subject to certification as final

09F-T0185-ROC · Registrar of Contractors · 2009-07-06

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: Jul 2, 2009; 1:30 p.m. APPEARANCES: Complainant Caymus Corporation was represented by Mr. Randy H. Ringleb, Qualifying Party and President. Respondent Metropolitan Plumbing Services, LLC failed to appear. ADMINISTRATIVE LAW JUDGE: Grant Winston _____________________________________________________________________ Based on the entire record the following Findings of Fact, Conclusions of Law and Recommended Order are made: FINDINGS OF FACT 1. Respondent, a licensed Arizona contractor, entered into a written subcontract with Complainant to perform certain construction work for Complainant who was acting as the general contractor. 2. The work was remodeling of restrooms at three campuses of the Pima Community College. The contract price was $61,000.00. 3. Respondent failed to provide adequate labor to timely proceed with the construction. At times only the Respondent’s owner and/or one other worker were on the job. 4. Work progressed so slowly that the owner Pima Community College was complaining to Complainant that the other subcontractors could not proceed because Respondent’s lack of progress was holding up their progress. 5. Complainant sent two separate warning letters to Respondent to prod it into picking up the pace of the construction, but to no avail. Eventually Complainant was forced to fire Respondent off the job and hire another properly licensed subcontractor to perform the work. The work was completed by the new contractor but at a cost of $83,000.00, which is $22,000.00 more than Complainant was to have had the work completed by Respondent. 6. There is no evidence of any legal excuse for Respondent’s abandonment of the project. 7. Notice is taken of Respondent’s prior license record with the Arizona Registrar of Contractors. CONCLUSIONS OF LAW 1. This administrative hearing was held under authority of and pursuant to A.R.S. § 32-1156 and A.R.S. § 41-1092. 2. The preponderance of evidence proved that Respondent violated A.R.S. § 32-1154.A.1 by abandoning the project without legal excuse. 3. The preponderance of evidence proved that Respondent violated A.R.S. § 32-1154.A.3 and A.A.C. R4-9-108, Workmanship Standards by the abandonment of the project. 4. A.R.S. § 32-1156.01 allows and Administrative Law Judge to award restitution to a person who is injured by actions of a licensee. In this case Respondent’s abandonment of the project wrongfully forced the Complainant to expend an additional $22,000.00 to have the same work performed by another properly licensed contractor. RECOMMENDED ORDER In view of the foregoing Findings of Fact and Conclusions of Law it is hereby recommended that Respondent’s Class K-37 License number 239394 be revoked on the effective date of this Order. It is further recommended that in the event the Respondent makes restitution to the Complainant in the amount of $22,000.00, and provides written proof to the Registrar acceptable to the Registrar of having done so, on or before the effective date of the Order (40 days after the date of the Registrar’s certification appearing on the Order), then the above- provided license revocation shall not occur, and Citation and Complaint T09- 0185 shall be closed. In the event of certification of the Administrative Law Judge’s Decision and Order by the Director of the Office of Administrative Hearings, then the effective date of the Order shall be 40 days after the date of that certification. Done this day, July 7, 2009.

______________________________________ Grant Winston Administrative Law Judge

Original 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

By ___________________________

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