ALJDEC decisions subject to certification as final
2019A-05540-CHC-ROC · Registrar of Contractors · 2020-05-26
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Kelly J. James,
COMPLAINANT,
v.
Precise Home Services LLC,
License No: 320251,
RESPONDENT.
No. 2019A-05540-CHC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: May 5, 2020
APPEARANCES: Marcus McGillivray, Esq. appeared on behalf of Complainant Kelly J. James. No one appeared on behalf of Respondent Precise Home Services, LLC.
ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson
_____________________________________________________________________
FINDINGS OF FACT
Respondent Precise Home Services LLC (Precise Home), holds license
number 320251 issued by the Arizona Registrar of Contractors (Registrar).
On or about November 13, 2019, Complainant Kelly J. James entered into a
residential remodeling contract with Precise Home for $19,620.
On or about November 18, 2019, Precise Home started work on
Ms. James’s home.
On or about December 1, 2019, Precise Home stopped work on
Ms. James’s home.
On or about December 2, 2019, Ms. James filed a complaint with the
Registrar alleging poor work and abandonment on the part of Precise Home.
Ms. James requested that the Registrar expedite the investigation of her complaint because she did not have hot water.
Ms. James paid Precise Home a total of $15,500.
On or about December 16, 2019, Investigator Christ Fultz conducted a job
site inspection.
On or about December 20, 2019, the Registrar issued a Directive to Precise
Home. The December 20, 2019 Directive provided in relevant part as follows:
After investigation, the Registrar has verified that your work fails to meet minimum workmanship standards. A.R.S. § 32-1154(A)(3); A.A.C. R4-9-108. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your
license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on January 10th, 2020.
RESTRICTIONS
You may not perform or hire other contractors to perform work that is outside the scope of your license.
If your license is currently suspended for administrative reasons1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or
your license(s) has been reactivated.
DIRECTIVE REQUIREMENTS
You are directed to remedy the following violations by the appropriate means:
Complaint Item 1: TruTankless installation not complete, no hot water, failed to complete the electrical connection.
Investigator’s Observation: This item had to be repaired by another plumbing company because the home was left without hot water.
Governing Rule: ARS §32-1154 (A) (3), Poor work not performed in accordance with professional industry standards.
Complaint Item 2: Master bath re-pipe connection incomplete
Investigator’s Observation: This work was repaired prior to the inspection by another plumber as part of the repairs needed to be made from the home being abandoned without hot water and a flood from the repipe work.
Governing Rule: ARS §32-1154 (A) (3), Poor work not performed in accordance with professional industry standards.
A.R.S. 32-1154 (A) (1), Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Complaint Item 3: Dishwasher re-pipe connection incomplete
Investigator’s Observation: This work was repaired prior to the inspection by another plumber as part of the repairs needed to be made from the home being abandoned without hot water and a flood from the repipe
work.
Governing Rule: ARS §32-1154 (A) (3), Poor work not performed in accordance with professional industry standards.
A.R.S. 32-1154 (A) (1), Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Complaint Item 4: New re-pipe lines unsecured-entire house
Investigator’s Observation: This work was repaired prior to the inspection by another plumber as part of the repairs needed to be made from the home being abandoned without hot water and a flood from the repipe. A.R.S. 32-1154 (A) (1), Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Investigator’s Observation: This work was repaired prior to the inspection by another plumber as part of the repairs needed to be made from the home being abandoned without hot water and a flood from the repipe work.
Governing Rule: ARS §32-1154 (A) (3), Poor work not performed in accordance with professional industry standards.
A.R.S. 32-1154 (A) (1), Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Complaint Item 5: Kitchen drywall incomplete
Investigator’s Observation: The drywall in the kitchen is not complete. This will need to be completed per contract.
Governing Rule: ARS §32-1154 (A) (3), Poor work not performed in accordance with professional industry standards.
A.R.S. 32-1154 (A) (1), Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Complaint Item 7: 3 hose bibs still need to be replaced
Investigator’s Observation: This work was repaired prior to the inspection by another plumber as part of the repairs needed to be made from the home being abandoned without hot water and a flood from the
re-pipe work.
Governing Rule: ARS §32-1154 (A) (3), Poor work not performed in accordance with professional industry standards.
A.R.S. 32-1154 (A) (1), Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Complaint Item 8: Guest bathroom rebuild still needed- bathroom gutted
Investigator’s Observation: The bathroom will need to be completed per contract.
Governing Rule: ARS §32-1154 (A) (3), Poor work not performed in accordance with professional industry standards.
A.R.S. 32-1154 (A) (1), Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Complaint Item 9: Master bathroom entire rebuild still needed –bathroom is gutted.
Investigator’s Observation: The bathroom will need to be completed per contract.
Governing Rule: ARS §32-1154 (A) (3), Poor work not performed in accordance with professional industry standards.
A.R.S. 32-1154 (A) (1), Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Complaint Item 10: Kitchen light fixture needs to be replaced – failed fitting caused flood in attic.
Investigator’s Observation: Kitchen light will need to be fixed.
Governing Rule: ARS §32-1154 (A) (3), Poor work not performed in accordance with professional industry standards.
A.R.S. 32-1154 (A) (1), Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Complaint Item 11: Replace insulation damaged by attic flood
Investigator’s Observation: Proper water remediation will be needed for this issue.
Governing Rule: ARS §32-1154 (A) (3), Poor work not performed in accordance with professional industry standards.
A.R.S. 32-1154 (A) (1), Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Complaint Item 12: Master bath vanity not delivered
Investigator’s Observation: This will need to be completed per contract.
Governing Rule: ARS §32-1154 (A) (3), Poor work not performed in accordance with professional industry standards.
A.R.S. 32-1154 (A) (1), Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Complaint Item 13: Guest bath vanity not delivered
Investigator’s Observation: This will need to be completed per contract.
Governing Rule: ARS §32-1154 (A) (3), Poor work not performed in accordance with professional industry standards.
A.R.S. 32-1154 (A) (1), Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Complaint Item 14: Master shower not delivered
Investigator’s Observation: This will need to be completed per contract.
Governing Rule: ARS §32-1154 (A) (3), Poor work not performed in accordance with professional industry standards.
A.R.S. 32-1154 (A) (1), Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Complaint Item 15: Waste removal and clean up incomplete
Investigator’s Observation: This will need to be completed per contract.
Governing Rule: ARS §32-1154 (A) (3), Poor work not performed in accordance with professional industry standards.
A.R.S. 32-1154 (A) (1), Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Complaint Item 16: Old water heater removal incomplete
Investigator’s Observation: This will need to be completed per contract.
Governing Rule: ARS §32-1154 (A) (3), Poor work not performed in accordance with professional industry standards.
A.R.S. 32-1154 (A) (1), Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Complaint Item 17: Replace master bath walls and ceiling – hole to rooftop left open to elements
Investigator’s Observation: This will need to be completed per contract.
Governing Rule: ARS §32-1154 (A) (3), Poor work not performed in accordance with professional industry standards.
A.R.S. 32-1154 (A) (1), Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Complaint Item 18: Jetting of all sewer lines incomplete
Investigator’s Observation: This will need to be completed per contract.
Governing Rule: ARS §32-1154 (A) (3), Poor work not performed in accordance with professional industry standards.
A.R.S. 32-1154 (A) (1), Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Complaint Item 18: Jetting of all sewer lines incomplete
Investigator’s Observation: This will need to be completed per contract.
Governing Rule: ARS §32-1154 (A) (3), Poor work not performed in accordance with professional industry standards.
A.R.S. 32-1154 (A) (1), Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Complaint Item 19: Additional tile ordered and not delivered
Investigator’s Observation: This will need to be completed per contract.
Governing Rule: ARS §32-1154 (A) (3), Poor work not performed in accordance with professional industry standards.
A.R.S. 32-1154 (A) (1), Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Complaint Item 20: Reconnection of hose bib line to east side of house incomplete.
Investigator’s Observation: This will need to be completed per contract.
Governing Rule: ARS §32-1154 (A) (3), Poor work not performed in accordance with professional industry standards.
A.R.S. 32-1154 (A) (1), Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
ITEMS NOT REQUIRING CORRECTION
The following complaint items require no action by the Respondent:
Complaint Item 6: Kitchen cupboards removed need to be rehung
Investigator’s Observation: This was fixed by the homeowner prior to the inspection.
Precise Home did not correct the items listed in the Directive by the due date
of January 10, 2020.
On January 28, 2020, the Registrar issued a Citation against Precise Home
alleging that it violated Ariz. Rev. Stat. sections 32 1154(A)(3)(specifically, Ariz. Admin. Code section R4-9-108; Ariz. Rev. Stat. sections 32-1154(A)(22).
Precise Home filed a timely answer to the Citation.
The matter was referred to the Office of Administrative Hearings for an
evidentiary hearing.
On April 3, 2020, the Registrar issued a Notice of Hearing setting the
matter for hearing on May 5, 2020, by the Office of Administrative Hearings in Phoenix, Arizona.
A hearing was held on May 20, 2020.
Ms. James testified on behalf of herself and presented the testimony of
Austin Barrett. Austin Barrett is the owner of Barrett Plumbing. Ms. James hired Barreett Plumbing to help restore her home to a habitable condition.
Mr. Barrett explained that Precise Home performed poor work and left
Ms. James’s home in an uninhabitable condition. Before performing corrective work, Mr. Barrett observed rough plumbing in mid-air, the waterlines in the guest bathroom were in the wrong location, the discharge line of the water softener was no connected, the irrigation system was installed upside down, and about 50-60 feet of pipe was hanging loose in the attic. Mr. Barrett explained that Precise Home’s work never would have passed a plumbing inspection.
Investigator Fultz testified regarding his investigation of the complaint and
issuance of the Directive. Investigator Fultz also explained that he discovered that Precise Home’s license was suspended on December 5, 2019 for lack of a qualifying party.
Ms. James explained that Precise Home performed poor work and left her
home in an uninhabitable condition. Ms. James requested restitution for the damages caused by Precise Home.
Administrative notice is taken of the Registrar’s public website on May 26,
2020. According to the information available on the website, Precise Home’s license was first issued on June 22, 2018 is suspended. Precise Home’s license was suspended on December 6, 2019 for lack of a qualifying party. There is only one open complaint against Precise Home’s license. The Registrar has never before taken disciplinary action against Precise Home’s license. The lack of prior disciplinary action is considered as a factor in mitigation of the recommended penalties.
CONCLUSIONS OF LAW
The Registrar has jurisdiction over this matter, pursuant to Ariz. Rev.
Stat. section 32-1101, et seq., which authorizes the Registrar to impose disciplinary sanctions against licenses for violations of Ariz. Rev. Stat. section 32-1154.
The suspended status of Precise Home’s license does not deprive
Ms. James of her right to prosecute its complaint against Precise Home or prevent the Registrar from determining the merits Ms. James’s complaint. This matter lies within the Registrar’s jurisdiction.
To warrant such sanctions by the Registrar, Complainant must
demonstrate by a preponderance of the evidence that Respondent violated the statutory section cited. Proof by a “preponderance” means that “the evidence is sufficient to persuade the finder of fact that the proposition is more likely true than not.” In re: Arnold and Baker Farms, 177 B.R. 648 (9th Cir. BAP (Ariz.) 1994). See also Culpepper v. State of Arizona, 187 Ariz. 431, 930 P.2d 508 (App. 1996). It is “evidence which is of greater weight or more convincing than the evidence which is offered in opposition to it; that is, evidence which as a whole shows that the fact sought to be proved is more probable than not.” Black’s Law Dictionary 1182 (Rev. 6th ed. 1990).
The preponderance of the evidence shows that Precise Home did not perform the work in a professional and workmanlike manner in violation of Ariz. Rev. Stat. section 32-1154(A)(3), namely A.A.C. R4-9-108.
The preponderance of the evidence shows that Precise Home failed to correct the items listed in the Registrar’s Directive without valid justification, which is a violation of Ariz. Rev. Stat. section 32-1154(A)(22).
RECOMMENDED ORDER
Based on the foregoing, it is recommended that on the effective date of the Order, the Registrar shall suspend Precise Home Services, LLC’s License No: 320251,
License for five days.
It is further recommended that the Registrar require Respondent to pay the sum of $500.00 as a civil penalty pursuant to Ariz. Rev. Stat. section 32-1154(E).
It is further recommended that no future license shall be issued to any entity consisting of persons associated with Respondent, as defined in Ariz. Rev. Stat. section 32-1101(A)(5), unless Respondent tenders payment of any outstanding prior civil penalty.
All other requests are denied.
Done this day, May 5, 2020.
/s/ Velva Moses-Thompson
Administrative Law Judge
Transmitted electronically to:
Jeffrey Fleetham, Director
Registrar of Contractors