ROC Vacate

2016A-4143-ROC · Registrar of Contractors · 2017-04-03

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

A hearing on the merits had been scheduled on the complaint that Thomas A. Jensen (“Complainant”) filed with the Registrar of Contractors (“the Registrar”) against Sonoran Pavers Inc.’s (“Respondent’s”) contractor’s license on February 13, 2017. At the hearing, Respondent’s representatives indicated their willingness to correct and complete the project. Complainant indicated that he was not willing to allow access unless Respondent committed to performing repairs in the manner that Complainant’s expert witness felt the repairs should be performed. The Administrative Law Judge (“ALJ”) referred the parties to the Registrar’s published policy statement regarding a homeowner’s duty to provide reasonable access for a licensed contractor to repair its workmanship deficiencies set forth at the Registrar’s public website, which policy does not allow a property owner to dictate the method of repair. The ALJ also issued an order setting a status conference on March 17, 2017, to allow Complainant to decide whether he would allow reasonable access for Respondent to attempt to repair its acknowledged workmanship deficiencies or whether Complainant would instead file a lawsuit in a judicial forum to seek damages for the repair that he believes is appropriate, notwithstanding Respondent’s opinion that a different repair would resolve the workmanship issues and would also be appropriate. At the first status conference, Complainant’s attorney indicated that Complainant wanted time to approve or submit a counter-proposal to Respondent’s proposal for repairs. Although Complainant’s understanding of the Registrar’s policy seemed questionable, over Respondent’s objection, the ALJ set a second status conference on March 31, 2017, to allow Complainant one last chance to provide unrestricted access to Respondent for repairs. At the March 31, 2017 status conference, Complainant’s attorney stated that although Complainant was willing to provide access, he also wanted Respondent to address certain issues and concerns that Complainant had raised about the proposed repairs. Because the ALJ concludes that Complainant is unwilling to provide unrestricted access for Respondent to repair its workmanship deficiencies in the way it deems appropriate, IT IS ORDERED vacating the remainder of the hearing on the merits that could have been scheduled in this matter. IT IS FURTHER ORDERED remanding this matter under A.A.C. R2-19-111(4) to the Director of the Registrar with the recommendation that it be dismissed. In the Registrar’s discretion, the Registrar may reopen the complaint or accept a new complaint if Complainant allows access, Respondent performs repairs, and Complainant alleges that the repairs do not comply with the Registrar’s standards, or if Complainant obtains a judgment against Respondent in a court of competent civil jurisdiction. Done this day, April 3, 2017. /s/ Diane Mihalsky Administrative Law Judge Copy mailed/e-mailed/faxed April 3, 2017 to: Jeffrey Fleetham, Director Registrar of Contractors c/o Legal Department 1700 W. Washington St., Suite 105 Phoenix, AZ 85007

Douglas M. Schumacher, Esq. Schumacher Law Firm 12625 N. Saguaro Blvd., Ste. 115 Fountain Hills, AZ 85268 Sonoran Pavers Inc. 17212 N Scottsdale Rd. Ste. 1424 Scottsdale AZ 85255-9615

By M.Aguirre -----------------------

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

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