Vacate

2018A-874-RFA-ROC · Registrar of Contractors · 2019-09-17

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

At the time of the hearing on September 13, 2019, Complainants indicated that they were no longer represented by counsel in this matter and, following informal discussion between the parties and the Registrar, the parties resolved the matter as follows: 1. The parties agree on a recovery fund payout in Registrar Case 2018- 874 in the total amount of $30,000.00; 2. The parties agree that Complainants will withdraw Complainant’s pending complaint [Registrar Case 2019-00054];[1] 3. The parties’ agreement in this matter does not impact Complainants’ previously adjudicated and finalized complaints in regard to Respondent. 4. The parties’ agreement to resolve this matter does not impact the current civil lawsuit between the parties with the exception that the payout amount may be raised and considered in offset of a judgment therein. 5. The parties agree that should Complainants discover additional issues with the construction of this home, Complainants have rights to bring those issues to the Registrar complaint process within the two-year limitations period ending in 2019, which began on the 2017 date the Certificate of Occupancy was issued. /// ///

Based on the parties’ verbal agreement, IT IS ORDERED the hearing in the above-captioned matter is vacated and the matter is remanded to the Registrar with regard to the agreed recovery fund payout and any further action therewith.

ORDERED this day, September 17, 2019.

/s/ Kay A. Abramsohn Administrative Law Judge

Copy mailed/e-mailed/faxed September 17, 2019 to:

Jeffrey Fleetham, Director Registrar of Contractors c/o Legal Department 1700 W. Washington Street, Suite 105 Phoenix, AZ 85007

Benjamin S. Kuipers, Esq. Fowler St. Clair, PLLC 1201 S. Alma School Road, Suite 12750 Mesa, Arizona 85210 [email redacted] Counsel for Respondent

Joseph and Patricia Lee 15935 E. Tombstone Trail Fountain Hills, AZ 85268

By c. serrano ----------------------- [1] Complainants have no other pending complaints at the Registrar in regard to Respondent. This agreement does not impact Complainant’s previously adjudicated and finalized complaints in regard to Respondent.

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Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826