ALJDEC decisions subject to certification as final

09F-T0325-ROC · Registrar of Contractors · 2009-09-15

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: September 10, 2009; 8:00 a.m. APPEARANCES: Complainant Mingwu Wang represented himself. Respondent Valenzuela Brothers Ind Roofing doing business as Independent Roofing Co. 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. Complainant Mr. Mingwu Wang filed this Complaint with the Arizona Registrar of Contractors alleging that Respondent Valenzuela Brothers Ind Roofing doing business as Independent Roofing Co had failed to properly repair the roof to Complainant’s newly purchased existing home which he purchased in 2008. 1. During negotiations for the purchase and sale of the home in question, Complainant negotiated an agreement with the seller of the home whereby the seller would have the roof repaired at seller’s expense. 2. A professional inspection of the roof had been performed by Jon’s Precision Roofing during the time Complainant was considering purchasing the house. The seller agreed to have the work described in the report performed as a condition of the purchase and sale agreement. 3. The seller hired and paid Respondent to perform some work on the roof. Respondent had bid the work in writing. Respondent properly performed the work he bid as was found by the assigned agency Inspector Frank Grochocki. Inspector Grochocki testified at the administrative hearing that he found no workmanship defects in the Respondent’s work. The Inspector issued no Corrective Work Order and sent a letter to the parties informing them that no action would be required of the Respondent. 4. It is found from the record as a whole that the seller wished to save as much money as possible and rather than hire a properly licensed roofer to perform the work Jon’s Precision Roofing had described, hired Respondent to perform a scope of work much less than that. 5. The record does contain a “To Whom It May Concern” letter in which the Respondent’s President Mr. Jose A. Valenzuela references the Jon’s Precision Roofing report, but states only that “roof repairs” have been completed, which could mean the work he bid. There is no evidence that Respondent actually understood that the work he actually bid was the same as the work described in the Jon’s Precision Roofing report. In fact, it is not, and the work bid by Respondent does not come close to the work described in the Jon’s Professional roofing report. But the work bid by Respondent was performed and the evidence proved that it was properly performed. 6. It appears that the seller failed to live up to his agreement with Complainant, but that Respondent performed what he contracted to perform and did so properly. 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. There is insufficient evidence to conclude that Respondent violated A.R.S. § 32-1154.A.7 or 3 as set forth in the instant Citation and Complaint. RECOMMENDED ORDER In view of the foregoing Findings of Fact and Conclusions of Law, it is hereby recommended that Citation and Complaint T09-0325, together with the Complaint on which it is based, be dismissed on the effective date of this Order (40 days after the date of service appearing on the Registrars 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, the effective date of the Order shall be 40 days after the date of that certification. Done this day, September 16, 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