ALJDEC decisions subject to certification as final

2010A-308472209-ROC · Registrar of Contractors · 2010-11-17

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: November 17, 2010 at 1:00 p.m. APPEARANCES: The Complainant appeared through its authorized representative, Kirk Campbell. The Respondent appeared through its authorized representative, John Bellantoni. 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’s Class B-3 License (No. 198335) was suspended for lack of bond on August 21, 2010. 2. There was no dispute that pursuant to the parties’ original construction agreement and subsequent change orders, the Complainant provided materials and labor for stone work on a residential project wherein the Respondent was acting in the capacity of a general contractor. 3. There was no dispute that the Complainant properly completed all of the specified stone work, including all authorized change orders. 4. Credible testimony and evidence established that the owners of the residence at issue have accepted the Complainant’s completed stone work. 5. Credible testimony and evidence established that the Respondent had been fully paid by the homeowners for all of the construction work that was performed on the residence at issue. 6. Undisputed credible testimony and evidence established that although the Complainant has repeatedly invoiced the Respondent for the completed stone work, the unpaid balance for the Complainant’s labor and materials remains due and owing. 7. Credible testimony and evidence established that the sum of $6,835.00 is the proper balance due and owing to the Complainant from the Respondent for the completed stone work. 8. Undisputed credible testimony and evidence established that notwithstanding repeated attempts and billings over a prolonged period of time, said balance of $6,835.00 remains unpaid. 9. The Respondent‘s failure to pay the aforementioned sum $6,835.00 to the Complainant is not found to be in good faith and accordingly, under all of the facts and circumstances presented herein, the Respondent’s conduct is found to constitute a violation of the applicable charged provision of the state’s contracting laws. 10. Notice is taken of the Respondent’s prior license record with the Registrar of Contractors. CONCLUSIONS OF LAW 1. Undisputed credible testimony and evidence supported findings which establish that the Respondent violated the charged provisions of A.R.S. §32-1154 (A) (11) (Failure to pay monies in excess of seven hundred and fifty dollars when due for materials or services rendered in connection the licensee’s operations as a contractor). RECOMMENDED ORDER In view of the foregoing, it is recommended that on the effective date of the Registrar’s Order, the Respondent’s License be revoked unless the Registrar of Contractors receives and accepts written proof that the Respondent has paid the sum of $6,835.00 to the Complainant. It is further recommended that if the Respondent pays the above described sum of $6,835.00 to the Complainant on or before the effective date of the Registrar’s Order, then the aforementioned license revocation shall not take place and this matter will be closed. 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, November 17, 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