ALJDEC decisions subject to certification as final

2020A-02862-NPC-ROC · Registrar of Contractors · 2020-11-30

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Perspective Design Studios, LLC,

COMPLAINANT

Fordel Development, LLC,

License No. ROC 284258,

RESPONDENT

No. 2020A-02862-NPC-ROC

ADMINISTRATIVE LAW JUDGE

DECISION

HEARING: November 23, 2020

APPEARANCES: Quentin Blake appeared on behalf of Complainant Perspective Design Studios, LLC. Respondent Fordel Development, LLC failed to appear.

ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella

FINDINGS OF FACT

Fordel Development, LLC (“Respondent”) is the holder of License No. 284258 issued by the Arizona Registrar of Contractors (“Registrar”).

On or about June 11, 2020, Perspective Design Studios, LLC (“Complainant”) filed a Complaint against Respondent with the Registrar alleging that Respondent had failed to pay Complainant the sum of $7,123.06 for the architectural design and drafting of plans for eight (8) custom homes in the Artisan at Cholla development in Glendale, Arizona.

The parties were unable to resolve their differences. The Registrar issued a Citation against Respondent for its alleged violation of A.R.S. § 32-1154(A)(10).

The matter was set for administrative hearing before the Office of Administrative Hearings on November 23, 2020. On the date and at the time set for hearing, and after proper notice, Respondent failed to appear. After a grace period, the matter proceeded to hearing.

Quentin Blake, Complainant’s owner and sole officer, testified that Complainant contracted with Respondent in August 2018 for three separate designs for houses in a development in Glendale, Arizona. Respondent paid a 50% retainer to Complainant for Complainant to commence its work. Complainant performed the work it was contracted to perform and sent invoices to Respondent for the contract balance totaling $7,123.06, as follows:

Invoice 180813-2 July 18, 2019 Lot 14 $1,738.80

Invoice 180814-2 July 18, 2019 Lots 4, 5, 6 $2,462.36

Invoice 180824-2 July 18, 2019 Lots 2,11, 12, 13 $2,921.90

Mr. Blake testified that Respondent failed to make any payment on the invoices notwithstanding multiple requests to do so via email, text and phone calls.

Respondent failed to appear and therefore, did not present any controverting evidence.

CONCLUSIONS OF LAW

The burden of proof at an administrative hearing falls to the party asserting a claim, right, or entitlement and the standard of proof on all issues in these matters is by a preponderance of the evidence. See A.A.C. R2-19-119.

A preponderance of the evidence is “such proof as convinces the trier of fact that the contention is more probably true than not.” Morris K. Udall, Arizona Law of Evidence § 5 (1960).

A.R.S. § 32-1154(A)(10) includes among the grounds for suspension, revocation, or other disciplinary action against a contractor’s license,

[f]ailure by a licensee or agent or official of a licensee to pay monies in excess of $750 when due for materials or services rendered in connection with the licensee's operations as a contractor unless the licensee proves that the licensee lacks the capacity to pay and has not received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased.

The evidence established that Respondent owed a total of $7,123.06 for the architectural design services provided by Complainant.

Respondent failed to appear, and as such, failed to establish by a preponderance of the evidence that it lacked the ability to pay Complainant for the work performed.

Therefore, Complainant established that Respondent violated A.R.S. § 32-1154(A)(10) by failing to pay Complainant $7,123.06 for services or materials rendered in connection with Respondent’s contracting business.

Based upon Respondent’s violation of the provisions of A.R.S. § 32-1154(A)(10), grounds exist to impose discipline against Respondent’s license

RECOMMENDed order

Based on the foregoing, it is recommended that the Registrar suspend Respondent’s License No. 284258 issued by the Registrar until it has provided to the Registrar, and the Registrar has accepted, documents that establish that it has paid Complainant $7,123.06 in certified funds.

It is further recommended that when and if the Registrar receives and accepts Respondent’s evidence that it has paid Complainant $7,123.06 in certified funds, the Registrar may close the Complaint in Case No. 2020-02862.

In the event of certification of this 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 the certification.

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-137160-45720000Done this day, November 30, 2020.

/s/ Sondra J. Vanella

Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director

Registrar of Contractors

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