ALJDEC decisions subject to certification as final

09F-T0203-ROC · Registrar of Contractors · 2009-07-24

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: July 20, 2009; 1:30 p.m. APPEARANCES: Complainant Silva Concrete and Construction, LLC was represented by Mr. Hector Montoya, Attorney-at-Law. Respondent Lara Custom Homes, LLC was represented by Mr. Arthur Weiss, Attorney-at-Law. ADMINISTRATIVE LAW JUDGE: Grant Winston _____________________________________________________________________ Based on the entire record the following Findings of Fact, Conclusions of Law and Order are made: FINDINGS OF FACT 1. Complainant Silva Concrete and Construction, LLC brought this Complaint in the Registrar of Contractors’ office seeking an Order from the Registrar directing the Respondent to pay the Complainant money for concrete work performed by the Complainant on a residential construction project in Vail, Arizona. 2. Complainant alleges that Respondent owes it several thousands of dollars on the project. Respondent denies that it owes Complainant any amount of money. 3. Complainant’s owner and general manager Mr. Manuel Silva testified credibly that Respondent’s owner, Mr. Eric Lara, had told him that he would pay Complainant for the entire amount owed for Complainant’s concrete work after Respondent took over the project which had been abandoned by a previously involved contractor. Respondent’s owner testified credibly that he did not so say. 4. The evidence proved that Respondent did take over completion of the residential construction after the third party contractor abandoned the job. After taking over the job the Respondent did subcontract Complainant for additional concrete work on the project. Respondent did pay Complainant for some concrete work on the job. 5. Complainant and Respondent each produced additional evidence in support of their respective positions that Respondent does or does not owe Complainant any money for this construction project. 6. It appears from the record that the parties have a good faith monetary and/or contract dispute which would be more properly resolved, if at all, in a civil court of competent jurisdiction.

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. Respondent Lara Custom Homes, LLC is charged in the instant Citation and Complaint with possible violations of A.R.S. § 32- 1154.A.7 and 11. 3. A good faith monetary and/or contract dispute, absent evidence of other wrongdoing, does not warrant disciplinary action upon a licensee. See: Bentivegna v. Powers Steel & Wire Products, Inc., 206 Ariz. 581, 81 P.3d 1040, (Ariz. App. Div. 1, 2003). RECOMMENDED ORDER In view of the foregoing Findings of Fact and Conclusions of Law it is hereby recommended that Citation and Complaint T09-0203 be dismissed on the effective date of this Order (40 days after the date of service appearing on the Registrar’s certification on the Order). 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 23, 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