ALJDEC decisions subject to certification as final

2011A-3659-ROC · Registrar of Contractors · 2011-12-12

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: November 23, 2011 APPEARANCES: Chavez Roofing, L.L.C. was represented by its authorized representative, Santo Chavez. Quality Reliable Solutions, L.L.C. was represented by its authorized representative, Greg Esquibel. The Spanish/English interpreter was Gabriela Contreras. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ Based upon the evidence of record, the Administrative Law Judge makes the following Findings of Fact, Conclusions of Law, and Recommended Order: FINDINGS OF FACT 1. Chavez Roofing, L.L.C. (“Complainant”) is the holder of License No. 229263, a Class K-42 contracting license issued by the Registrar of Contractors (“Registrar”). 2. Quality Reliable Solutions, L.L.C. (“Respondent”) is the holder of License No. 235400, a Class B-3 contracting license issued by the Registrar. 3. On June 24, 2011, Complainant filed a written Complaint with the Registrar alleging nonpayment by Respondent for roofing work performed by Complainant on a project located at 702 E. Country Plaza, Gilbert, Arizona. The Registrar designated the Complaint as Case No. 2011- 3659. 4. The Registrar issued a Citation and Complaint in Case No. 2011-3659 charging Respondent with violating the provisions of A.R.S. § 32- 1154(A) (11). 5. The Registrar forwarded Case No. 2011-3659 to the Office of Administrative Hearings, an independent agency, for an evidentiary hearing. 6. In March 2011, Respondent subcontracted with Complainant to remove an existing wind damaged roof and replace it with new shingles with underlayment at the subject residence. 7. The parties had a verbal agreement wherein Respondent paid for the materials used on the project and paid Complainant for labor only. Respondent purchased the materials from ABC Supply and paid the supplier by check. Respondent also paid Complainant by check for the labor Complainant performed on the project. 8. Complainant contends that it had to purchase additional materials to complete the project and that it is entitled to payment from Respondent for the additional materials. Complainant’s Complaint states that the value of the additional materials was $812.00. 9. The evidence of record established that Complainant never contacted Respondent requesting additional materials be supplied for the project. Further, Complainant failed to present Respondent with any receipts for the purchase of the additional materials. CONCLUSIONS OF LAW 1. The Registrar has jurisdiction over Respondent and the subject matter in this case. 2. Pursuant to A.A.C. R2-19-119(B), Complainant has the burden of proof in this matter. The standard of proof is by a preponderance of the evidence. A.A.C. R2-19-119(A). 3. Complainant failed to sustain its burden of establishing that Respondent owes it $812.00, in violation of A.R.S. § 32-1154(A) (11). Complainant failed to establish that it was authorized by Respondent to purchase any additional materials, as the parties’ agreement specified that materials would be supplied by Respondent. Further, Complainant failed to present any credible evidence supporting the value of the additional materials. RECOMMENDED ORDER The Citation and Complaint issued in Case No. 2011-3659 shall be dismissed on the effective date of the Order entered in this matter. In the event of certification of the 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 that certification.

Done this day, December 12, 2011.

/s/ Brian Brendan Tully 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