ALJDEC decisions subject to certification as final

2021A-02334-CHC-ROC · Registrar of Contractors · 2021-10-26

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Lissette Carrillo Ochoa,

COMPLAINANT

v.

Ethical Const Inc

License No. ROC 217556,

RESPONDENT

No. 2021A-02334-CHC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: October 13, 2021

APPEARANCES: Complainant Lissette Carrillo Ochoa appeared on her own behalf. Reginald Ash appeared for Respondent Ethical Const Inc. Wes Ellington, Investigator for the Registrar of Contractors appeared via Google Meet.

ADMINISTRATIVE LAW JUDGE: Adam D. Stone

_____________________________________________________________________

FINDINGS OF FACT

Ethical Const Inc (Respondent) is the holder of License No. 217556 issued by the Arizona Registrar of Contractors (Registrar).

On or about April 30, 2021, Lissette Carrillo Ochoa (Complainant) closed on the purchase of a home built by Respondent.

On or about May 25, 2021, the Registrar received a Complaint containing 135 items against Respondent from Complainant alleging poor work with respect to project.

The Registrar assigned the complaint to Investigator Wes Ellington. The jobsite inspection was performed on June 10, 2021.

Investigator Ellington then issued a written directive on or about June 22, 2021 to Respondent that provided as follows:

After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. 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 July 23, 2021.

. . .

DIRECTIVE REQUIREMENTS

You are directed to remedy the following violations by the appropriate means:

Complaint Item: 4. ROOM A -Missing closet pulls and door track to secure the doors to the tile

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 5. ROOM A -Door jam is damaged and cracked

Investigator’s Observation: I observed no cracks in this area, however, there are minor defects in the wood that need to be repaired. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 15. ROOM B -Bended AC grill

Investigator’s Observation: Verified. The vent register has a large bend at the corner. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 18. ROOM B -Missing grout around baseboards by the shelves

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 19. ROOM B -Cracked grout around baseboards as well

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 20. ROOM B -Door jams are damaged and cracked

Investigator’s Observation: Repair is in process. Respondent needs to finish repair and paint.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 21. GUEST BATHROOM -Main issue is bathtub is not leveled, or walls are not leveled. I mentioned this at the beginning of the process before the drywall was even put in and was told it was fixed, and now that house is done the bathtub is still not leveled. It is off level 1 inch.

Investigator’s Observation: Walls are not plumb/level. Repair is in process and needs to be finished. Walls should be straight within 1/4" and plumb within 1/4" measured from floor to ceiling at corners.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 22. GUEST BATHROOM -Paint touch up on ceiling

Investigator’s Observation: Verified. There is a small spot on ceiling that needs repair. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 23. GUEST BATHROOM -Toilet paper holder needs to be installed on vanity vs. the wall

Investigator’s Observation: Verified. This was removed for repair of wall. The respondent agreed to reinstall it where the complainant wants. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 24. GUEST BATHROOM -Towel holder needs to be moved, it is being used as a doorstopper

Investigator’s Observation: This is in process. The wall is being repaired and the respondent stated he would reinstall it away from the door.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 25. GUEST BATHROOM -Toe kick short and broken off

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 26. GUEST BATHROOM -Drywall holes on right side of casing

Investigator’s Observation: Verified. Patched, needs texture and paint. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 27. GUEST BATHROOM -Fart fan falling, is not secured in

Investigator’s Observation: It does not appear that the exhaust fan is falling. The cover may need to be secured. The Respondent will need to check this and correct by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 28. GUEST BATHROOM -Different colors for the spout and drain on shower, they do not match

Investigator’s Observation: Verified. Chrome on one, brushed nickel on the other The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 29. GUEST BATHROOM -Spout for shower is very crooked

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 30. GUEST BATHROOM-Water damage and paint damage in vanity under sink, needs to be replaced completely

Investigator’s Observation: This water damage is very minor, and it does not appear that the entire vanity needs replacement. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 31. GUEST BATHROOM -Crack on granite backsplash of sink

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 32. HALLWAY -Needs paint touch ups around ceilings and walls

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 32. HALLWAY -Needs paint touch ups around ceilings and walls

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 33. HALLWAY -Cracks in drywall on corner rounds

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 35. HALLWAY -Hole on top of casing

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 36. PANTRY -Paint needs to be touched up on all shelves

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 37. PANTRY -Caulking needed on all shelves

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 38. PANTRY -Grout missing on tiles

Investigator’s Observation: Verified. Tile is raised up and appears to be miscut. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 39. KITCHEN -Cabinet on left side of fridge is scratched and damaged, in attempt to fix their mistake they painted it and it is now peeling

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 40. KITCHEN -A baseboard was installed as a scribe on cabinet above fridge

Investigator’s Observation: Verified. This is not the correct trim for a cabinet. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 41. KITCHEN -Extra screw holes revealed under cabinets and are put in crooked

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 42. KITCHEN -Crown molding on cabinets was painted as a touch up and paint does not match the cabinet at all

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 43. KITCHEN -Cabinet above microwave is missing the harness and was only secured by a few screws into the cabinet above the microwave. Due to this, the cabinet is being pulled down and is cracking. this is not safe and microwave can fall at any time along with the cabinet it has been secured to.

Investigator’s Observation: The Complainant’s diagnosis is not completely accurate, however, the microwave was not installed properly and appears to have been damaged (underneath). It is now making noise during operation. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 44. KITCHEN-Microwave is missing the exhaust on the inside, outside of house does have the hole already just was not done inside.

Investigator’s Observation: Verified. The microwave is venting to the inside. There is an outside exhaust which needs to be properly connected to the microwave. The microwave needs the fan changed to the outside exhaust position. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 46. KITCHEN -Lazy Susan doors are hitting other cabinets causing chipping.

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 48. KITCHEN -Paint brush strokes are visible all over each cabinet, paint is matte and cabinets are glossy.

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 50. KITCHEN -Cabinet under sink, copper plumbing???

Investigator’s Observation: This issue meets minimum industry standards. No repair is needed.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 51. KITCHEN -Baseboards installed as scribes all throughout the island, very sloppy. 53. KITCHEN -Scribe is revealed on pony wall. 54. KITCHEN -Ponywall seems to be too short.

Investigator’s Observation: Verified. The pony wall for the kitchen island has many issues that need correction. It appears to be off center, un-level/plumb. This is causing the trim and baseboard to be out of alignment and give a poor appearance. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 52. KITCHEN -Cabinet above refrigerator is cracked

Investigator’s Observation: Verified. Doors also need adjustment. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 56. KITCHEN -Sink under mount needs silicone

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 58. KITCHEN -Microwave does not work, makes huge loud noise when turned on and also not secured so very dangerous

Investigator’s Observation: Verified. Covered in item #43. It appears that damage to the unit was likely caused by installer which also may be related to the noise. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 59. KITCHEN -Countertop backsplash is cracked and chipped

Investigator’s Observation: Verified. The last few inches of the granite backsplash were patched with a small piece, but not properly cut and joined. The edge several inches from that is chipped off. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 60. KITCHEN -Ceiling lights have visible holes around them

Investigator’s Observation: Verified. One hole was observed at edge of light trim. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 61. KITCHEN -lots of cabinets are uneven and make a loud noise when opened

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 63. KITCHEN -All cabinets are visibly chipped and damaged

Investigator’s Observation: Not all, but there are several chips in cabinet finish that need attention. The Complainant provided an email that mentions this on 4/30/2021. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 65. MASTER BATHROOM -Whole ceiling needs to be re-painted

Investigator’s Observation: There is no evidence that entire ceiling needs paint. There are several areas that need touch up, mostly where ceiling meets wall (poor lines). The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 66. MASTER BATHROOM -Drywall patching and cracks visible through ceiling and walls, looks very sloppy

Investigator’s Observation: Verified. There are several patches that are poorly textured and need repair. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 67. MASTER BATHROOM -Door jam is damaged

Investigator’s Observation: Verified. The area needs repair/paint. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 68. MASTER BATHROOM -paint drips all over walls

Investigator’s Observation: Verified one spot only, left of entry. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 69. MASTER BATHROOM -Shower is missing grout all throughout the shower

Investigator’s Observation: Verified -multiple areas. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 70. MASTER BATHROOM -Paint was used as a cover up on tile cut and was painted over tile

Investigator’s Observation: There are tiles with paint on them. Also, there is a missing Schluter metal edge on the inside-left of the shower entry wall that may be part of this issue (paint was used on the cut edge where the Schluter edge would be to cover). The tiles on this same edge are uneven and have poor cuts that need to be corrected. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 72. MASTER BATHROOM -Medicine cabinet is super bended, needs to be replaced

Investigator’s Observation: It appears that the plastic side of the medicine cabinet on the left has been pushed in by the drywall, giving it a “super bended” appearance.

The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 73. MASTER BATHROOM -Cabinets are uneven and make loud noise when doors are open

Investigator’s Observation: Verified. The inside edge of the door drags, making noise. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 75. MASTER BATHROOM -2 pieces of scribe were used instead of one long piece

Investigator’s Observation: Verified. The Complainant is referring to the trim piece at the left side of the vanity cabinet at the wall. One full piece should be used rather than a small patch piece at the end. Then the nail holes should be filled as needed. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 76. MASTER BATHROOM -Screw holes visible throughout the walls

Investigator’s Observation: Verified. There are two small poorly patched holes between the mirrors above the towel ring. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 77. MASTER BATHROOM -Screws are loose on mirrors

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 78. MASTER CLOSET -Door jam is damaged and cracked

Investigator’s Observation: No cracks observed, however, there are minor blemishes that need to be repaired/painted. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 79. MASTER CLOSET -Door hinge is offset

Investigator’s Observation: Verified. The top hinge has not been properly seated, causing a gap when closed. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 80. MASTER CLOSET -paint touch ups needed on ceilings and walls

Investigator’s Observation: Verified. These will require correcting poorly textured areas. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 82. MASTER CLOSET -End caps were painted white and paint is chipping

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 83. MASTER CLOSET -Drywall screws visible

Investigator’s Observation: Verified one. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 85. MASTER BEDROOM -Ceiling lights have holes around them

Investigator’s Observation: Verified –one light around edge of recessed trim. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 86. MASTER BEDROOM -Drywall unions are visible

Investigator’s Observation: Verified. Many of the seams are visible through the texture. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 87. MASTER BEDROOM -Drywall on ceiling has bumps

Investigator’s Observation: Verified –at edge on south end of room. The

Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 88. MASTER BEDROOM -Paint touch ups needed on walls and ceilings

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 91. MASTER BEDROOM -Door jam is damaged and cracked

Investigator’s Observation: No cracks observed. Minor blemishes need

repair/paint.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 92. MASTER BEDROOM -Actual door to the room is cracked and needs to be replaced

Investigator’s Observation: Top of door is delaminating, but could be repaired. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 93. LAUNDRY ROOM -Door jams are cracked and damaged

Investigator’s Observation: No cracks observed. Minor blemishes need

repair/paint.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 94. LAUNDRY ROOM -Lights have holes around it

Investigator’s Observation: Verified one light only at edge of trim. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 95. LAUNDRY ROOM -Crooked fart fan

Investigator’s Observation: Exhaust fan appears crooked, possibly the cover.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 96. LAUNDRY ROOM -Cover for washer/dryer water lines was not installed correctly

Investigator’s Observation: Verified. The valve box trim piece is missing as well as the trim piece for the dryer vent box. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 98. LAUNDRY ROOM -Paint touch ups needed on ceiling and walls

Investigator’s Observation: Minor blemishes in texture around dryer receptacle, and other areas. Verified. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 99. LAUNDRY ROOM -Missing pins on hinges for the door

Investigator’s Observation: Verified. The pins for the self-closing hinges are missing. Building code states, the garage door must be self-closing. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 100. LAUNDRY ROOM -Window needs to be sealed, caulked and painted.

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 101. LAUNDRY ROOM-Missing Cap

Investigator’s Observation: Verified. The garage entry door threshold is missing a cap that covers the screw adjusters. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 102. LAUNDRY ROOM-Door jams on door leading to garage is also cracked and damaged

Investigator’s Observation: Cracks and minor blemishes need repair/paint. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 103. FRONT ENTRY -Doorbell installed poorly and is showing wires

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 104. FRONT ENTRY -Door jams are cracked and damaged

Investigator’s Observation: No cracks observed. Minor blemishes need repair/paint.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: -105. FRONT ENTRY -When walking into the home, there is drywall that is uneven and wavy

Investigator’s Observation: Verified. The repair is in process and needs to be finished. Walls are not level/plumb. Walls should be straight within 1/4" and plumb within 1/4" measured from floor to ceiling at corners. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 107. GARAGE -Caulking and painting needs to be re-done

Investigator’s Observation: Verified. Minor caulk/touch up needed. The

Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 110. LIVING AREA -screws are visible on all walls

Investigator’s Observation: Verified several screws. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 111. LIVING AREA -Drywall cracks on inside of window frames

Investigator’s Observation: This meets minimum industry standards and needs no repair is needed. See item 2 for explanation.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 112. LIVING AREA -Paint cuttings needed on all walls and ceilings, paint needs to be redone

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 113. LIVING AREA -Drywall unions visible corner to corner

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 115. LIVING AREA -French door needs hold drilled in threshold to hold the door closed, does not shut properly

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 118. LIVING AREA -AC ceiling return is crooked by 3 inches, it almost looks like the arch is uneven making the vent look crooked

Investigator’s Observation: Verified. The issue is actually that the arch for the hallway is not even with the rest of the wall, giving it the appearance that the A/C intake is crooked. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 120. LIVING AREA -Drywall patch around the AC ceiling return has bubbles

Investigator’s Observation: Verified. This area has a bulge at the corner of the return vent. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 121. LIVING AREA -Baseboards need drywall and paint touch ups

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 122. LIVING AREA -Grout line along back door threshold is cracking

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 123. LIVING AREA -There are outlets that have holes around them due to making the hole too big and needs repair

Investigator’s Observation: Verified. Minor repair needed at receptacle covers, and a void at the top of thermostat. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 129. DINING AREA -Paint cuttings on wall and ceilings need to be redone

Investigator’s Observation: Verified. The lines at ceiling/walls are poorly done. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 130. DINING AREA-There is grout missing on tiles

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 131. OUTDOORS -Screens on all the windows are bent and need to be replaced or measured correctly, too small?

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 132. OUTDOORS -Paint on roofing around the house does not match, 3 different types of grey/black

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 134. OUTDOORS -There is tons of cracked stucco and paint all over the house, must see in person to understand

Investigator’s Observation: Verified two spots of stucco that need repair at left side of garage. Hole for condensation line is too large and needs to be repaired. Also stem wall has several areas that are missing large chunks of concrete that need repair. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 135. OUTDOORS -Garage side door has concrete splats all over the door frame

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

(All errors contained in the original)

On July 30, 2021, the Registrar issued a Citation against Respondent, charging possible violations of A.R.S. § 32-1154(A)(3), namely A.A.C. R4-9-108(a), and A.R.S. § 32-1154(A)(22).

On or about August 13, 2021, Respondent e-mailed an Answer to the Registrar, stating, “I will be in Compliance with all future hearings thank you.”

On or about August 26, 2021, a Notice of Hearing was issued setting a hearing on October 13, 2021 at the Office of Administrative Hearings, an independent state agency.

At hearing, Investigator Ellington testified as to the Registrar’s involvement and the above timeline.

Investigator Ellington testified that Respondent failed to complete any of the work as required by the written directive.

In addition, Investigator Ellington testified that towards the end of the directive Respondent contact him requesting more time to complete the corrective work. Investigator Ellington testified that he refused to grant the extra time as zero progress had been made on the directive items.

Complainant testified on her own behalf. She testified generally that there was a significant lack of communication during the project.

Complainant testified that Respondent and one of his workers appeared at the house to inspect the air conditioning unit, but left without informing her when they would return and what the next steps would be.

Complainant testified further that there were no attempts made to correct the items until the last week of the directive timeline.

Finally, Complainant testified that she believed that some discipline should be ordered due to Respondent’s lack of communication.

Reginald Ash testified on behalf of Respondent. He testified that he acknowledged that the corrective work was not completed.

Mr. Ash testified that he did his best to get it resolved, but there were so many things going on, and did not try to ignore Complainant.

In addition, Mr. Ash testified that it was difficult to find sub-contractors to help with the corrective work, and because of that, the work was slowly being completed. However, he believed the work could still be completed if he had additional time.

Administrative notice is taken of Respondent’s prior License record on October 26, 2021. Such prior License record reflects that Respondent’s License No. 217556 was first issued on March 19, 2006, and reflects that there was one open complaint, namely the present complaint. Further, there was one previous case where Respondent was disciplined.

CONCLUSIONS OF LAW

This matter lies within the Registrar’s jurisdiction. See A.R.S. § 32-1101 et seq.

Complainant bears the burden of proof to establish Respondent’s statutory violations by a preponderance of the evidence. See A.R.S. § 41-1092.07(G)(2); A.A.C. R2-19-119(A) and A.A.C. R2-19-119(B)(1); see also Vazzano v. Superior Court, 74 Ariz. 369, 372, 249 P.2d 837 (1952). “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).

The preponderance of the evidence established that Respondent’s work was not in conformity with the Registrar’s standards and Mr. Ash did not dispute the same. Therefore, Complainant established that Respondent did not complete the project in a workmanlike manner in violation of A.R.S. § 32-1154(A)(3), namely A.A.C. R4-9-108(A).

The evidence established and Mr. Ash admitted that he failed to complete the corrective work following the directive being issued. While the Administrative Law Judge sympathizes with Mr. Ash regarding his inability to find qualified workers, it does not excuse him from trying to get as much work as possible completed. Therefore, Complainant established that Respondent failed to take appropriate corrective action following a written directive from the Registrar in violation of A.R.S. § 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 Respondent’s License No. 217556 for a period of ten days.

It is further recommended that the Registrar require Respondent to pay the sum of $500.00 as a civil penalty pursuant to A.R.S. § 32-1154(E).

It is further recommended that if Respondent fails to pay the entire amount of the civil penalty on or before thirty days following the effective date of the Registrar’s final order, the Registrar revoke Respondent’s license, effective on such deadline date. No future license shall be issued to any entity consisting of persons associated with Respondent, as defined in A.R.S. § 32-1101(A)(7), unless Respondent tenders payment of any outstanding prior civil penalty.

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 30 days from the date of that certification.

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-137160-45720000Done this day, October 26, 2021.

/s/ Adam D. Stone

Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director

Registrar of Contractors

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