Vacate: Settlement Recommendation

2010A-308475384-ROC · Registrar of Contractors · 2011-05-02

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|Architectural Metals, Inc., | |Nos. 2010A-[number redacted]-ROC | |COMPLAINANT, | |and 2010A-[number redacted]-ROC | |-v- | |(Consolidated) | |License No. B.053636-R of | | | |Builders Guild, Inc., | |ORDER VACATING | |RESPONDENT. | |HEARING Re: SETTLEMENT | | | | | | | | | |Builders Guild, Inc., | | | |COMPLAINANT, | | | |-v- | | | |License No. C-45.198337-R of | | | |Architectural Metals, Inc., | | | | | | | |RESPONDENT. | | | | | | |

A hearing on the merits was commenced on this date. At the beginning of the hearing, the Administrative Law Judge stated on the record the nature of relief that is available in licensed contractors’ claims to the Registrar of Contractors for nonpayment and poor workmanship, where the general contractor did not pay the subcontractor in full, the Registrar issued a corrective work order that found the subcontractor’s work required correction, and the general contractor hired other subcontractors who repaired and completed the subcontractor’s work before the hearing. After a recess, both parties’ representatives agreed on the record to withdraw their complaints to the Registrar. Therefore, IT IS ORDERED vacating the remainder of the hearing on the merits that had been scheduled on this date at 8:00 a.m. IT IS FURTHER ORDERED remanding this matter under A.A.C. R2-19-111(3) to the Director of the Arizona Registrar of Contractors with the recommendation that it be closed as resolved, settled, or withdrawn. Done this day, May 2, 2011.

_________________________________ Diane Mihalsky Administrative Law Judge

Copy transmitted by mail this _____ day of May, 2011 to:

William A. Mundell, Director Registrar of Contractors c/o Legal Department 3838 N. Central Ave. Phoenix, AZ 85012

James B. Wright, Esq. Folk & Associates, P.C. 3636 N. Central Ave., Suite 600 Phoenix, AZ 85012-1938

Greg Smith Architectural Metals, Inc. 2300 North Black Canyon Highway Phoenix, AZ 85009

By _______________________________ -----------------------

Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826