Vacate: Settlement Recommendation

2010A-308476228-ROC · Registrar of Contractors · 2011-06-01

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The hearing of this matter convened on May 25, 2011. Complainant Kimberly Lee appeared on her own behalf, with her husband, Chad Lee. Forest Wright appeared on behalf of Respondents Wight Built, L.L.C. and Built Wright Homes, Inc. Based upon the entire record in this matter, the following Findings of Fact, Conclusions of Law, and Order are submitted to the Director of the Arizona Registrar of Contractors. FINDINGS OF FACT 1. Prior to the commencement of the hearing, outside the presence of the Administrative Law Judge, the parties concluded a settlement agreement, the terms of which were read upon the record. 2. The terms of the aforementioned settlement agreement are as follows: a. Respondents accept full liability for the defects in the home; b. Respondents will pay Complainant’s monthly mortgage payment in the amount of $1,500.00, and for all utilities for the home, for a period of six months; c. The six month period will commence on June 1, 2011, and end on December 1, 2011; d. Respondents will pay directly to Complainant the monthly mortgage amount of $1,500.00 by the 25th day of the previous month; e. Utilities will be changed into a Respondent’s name for the six month period of time; f. Complainant will move out of the home for that six month period of time; g. Respondents will schedule a meeting with Copper State Engineering and Arizona Ram Jack, at a mutually agreeable time for all parties involved, in order to determine the appropriate and necessary remedial action to be taken to address the foundation problems with the home; h. Once the deficiencies with the foundation of the home are identified, Respondents will repair those deficiencies in an appropriate, workmanlike manner, as well as repair the interior of the home to the new home specifications; i. Once the repairs are made, the home will be inspected by the municipality’s inspector, and the parties will request an inspection to be conducted by the Registrar of Contractors to ensure compliance with the Corrective Work Order issued in this matter; and j. Respondents and Complainant will meet on a weekly basis at a mutually convenient time at Complainant’s home for a status meeting. 3. The Administrative Law Judge finds the terms of the foregoing settlement to be the product of knowing and voluntary action on the part of each party. 4. Based on the settlement agreement between the parties, the hearing was vacated. CONCLUSIONS OF LAW 1. The policy of the law favors settlements of disputes and adverse parties should be free to adjust their differences by entry into agreements or stipulations of settlement which should be recognized and given effect by all tribunals. 2. The settlement reached and submitted during the hearing of this matter, having been found to be voluntarily made, warrants the termination of the instant hearing. ORDER In view of the foregoing, the hearing in this matter is vacated and the matter is hereby remanded to the Registrar of Contractors for appropriate disposition.

Done this day, June 1, 2011.

_________________________________ Sondra J. Vanella Administrative Law Judge

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

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

By _______________________________

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