ALJDEC decisions subject to certification as final
2021A-02992-CHC-ROC · Registrar of Contractors · 2022-09-26
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Bradley Michels
COMPLAINANT,
v.
Integrity Remodeling, LLC
License No. ROC 325668,
RESPONDENT.
No. 2021A-02992-CHC-ROC
No. 2021A-03868-CHC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: May 24, 2022, June 13, 2022, and August 8, 2022 with the record held open until September 6, 2022 for the sole purpose of receiving written closing statements.
APPEARANCES: Tara Patterson, Esq. appeared on behalf of Complainant Bradley Michels. Mark W. Horne, Esq. and Asha Sebastian, Esq. appeared on behalf of Respondent Integrity Remodeling, LLC.
ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson
_____________________________________________________________________
FINDINGS OF FACT
1. Complainant Bradley Michels and Respondent Integrity Remodeling, LLC (Integrity) entered into a contract wherein Integrity would remodel Mr. Michels’s home for the amount of $19,500. The contract included the repair of an HVAC.
2. On or about December 7, 2020, Integrity started work.
3. On or about January 5, 2021, Integrity stopped work.
4. On or about May 10, 2021, Mr. Michels and Integrity entered into a second contract to remodel the Michels’s home for the amount of $30,630. Mr. Michels paid Integrity $15,000 for the project.
5. On or about May 10, 2021, Integrity started work.
6. On or about May 13, 2021, Integrity stopped work.
7. On or about June 30, 2021, the ROC received a complaint from Mr. Michels alleging poor work on the part of Integrity (complaint 2021A-02992).
8. On or about August 5, 2021, Investigator Klein conducted a job-site inspection.
On August 5, 2021, the ROC issued a Directive to Integrity regarding complaint 2021A-02992 that provided, in relevant part, 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 September 10, 2021.
...................................................
You are directed to remedy the following violations by the appropriate means:
Complaint #1. While working in the attic his subs knocked off the main trunk line and crushed part of the A/C duct work (per one of his top was installed crooked
Inspector’s Observation: Respondent agreed to correct Complaint #3 Stucco patched around the garage was done in a poor workman like manner. Needs to be repaired, sealed and leveled at the seams and matched with the existing stucco. Inspector’s Observation: The job is incomplete.
Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, local building codes and manufacturers installation instructions.
Complaint #4. removed a doorbell he was explicitly told NOT to remove and has not replaced it
Inspector’s Observation: The job is incomplete.
Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, local building codes and manufacturers installation instructions.
Complaint #5 can light are installed crooked
Inspector’s Observation: Can lights between the island and sink counter do not appear to be straight.
Complaint #8 dryer vent chase is just stuck in the wall, should be attached and sealed
Inspector’s Observation: The job is incomplete.
Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, local building codes and manufacturers installation instructions.
Complaint #9 texture on the walls and ceiling isn’t complete
Inspector’s Observation: The job is incomplete.
Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, local building codes and manufacturers installation instructions.
Complaint #10 line for the Stove, vent hood, and water heater have not been installed
Inspector’s Observation: The job is incomplete.
Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, local building codes and manufacturers installation instructions.
Complaint #11 additional electric lines for the family room (these were in addition to the bid, we were told we didn't need change orders that we would settle everything up at the end), still need to be installed
Inspector’s Observation: The job is incomplete.
Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, local building codes and manufacturers installation instructions.
Complaint #12 Concrete patch for the electric run to the island needs to be ground down/leveled
Inspector’s Observation: The job is incomplete.
Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, local building codes and manufacturers installation instructions.
Complaint #13 trash needs to be hauled away
Inspector’s Observation: The job is incomplete.
Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, local building codes and manufacturers installation instructions.
Complaint #14 cabinets and doors are hung crooked with gaps
Inspector’s Observation: The job is incomplete.
Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, local building codes and manufacturers installation instructions.
Complaint #15 Need a Three way switch for the can lights in the kitchen because the electrician wired the switch incorrectly
Inspector’s Observation: The job is incomplete.
The Respondent is to ensure that any and all required building permits are obtained from the Local Building Authorities prior to making corrections listed in this Directive.
Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, local building codes and manufacturers installation instructions.
Complaint #16 crooked outlets installed in the kitchen and family room
Inspector’s Observation: The job is incomplete.
Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, local building codes and manufacturers installation instructions.
Complaint #17 ceiling fan still needs to be centered Inspector’s Observation: The job is incomplete.
Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, local building codes and manufacturers installation instructions.
Complaint #19 no gfi outlets installed in the garage nor in the kitchen near the sink
Inspector’s Observation: The job is incomplete.
The Respondent is to ensure that any and all required building permits are obtained from the Local Building Authorities prior to making corrections listed in this Directive.
Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, local building codes and manufacturers installation instructions.
Complaint #20 we were told the electrician ran new electric lines, but he didn't install new breakers for the lines, so we don't even know if the lines are new Inspector’s Observation: The job is incomplete.
The Respondent is to ensure that any and all required building permits are obtained from the Local Building Authorities prior to making corrections listed in this Directive.
Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, local building codes and manufacturers installation instructions. Complaint #23 didn’t install hardware or finish installation of the walkout garage door Inspector’s Observation: The job is incomplete.
Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, local building codes and manufacturers installation instructions.
Complaint #24 the backsplash behind the stove is crooked and off center Inspector’s Observation: Verified
Complaint #25 while working in the attic his subs cut the vent stack to my washer and have left it open so there’s a hole in the roof
Inspector’s Observation: The job is incomplete.
Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, local building codes and manufacturers installation instructions.
Complaint #27 had to come back and add more insulation (Still not sufficient for R38 rating) because there were bare spots in the attic and places with no insulation (Per his sub)
Inspector’s Observation: The job is incomplete.
Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, local building codes and manufacturers installation instructions. Complaint #28 put a dimmer on the fluorescent garage light that wasn't asked for Inspector’s Observation: The job is incomplete.
Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, local building codes and manufacturers installation instructions. Complaint #29. newly installed can and island lights flicker in the home when the garbage disposal or hvac unit turn on Inspector’s Observation: Lights should function as intended
The Respondent is to ensure that any and all required building permits are obtained from the Local Building Authorities prior to making corrections listed in this Directive.
ITEMS NOT REQUIRING CORRECTION
The following complaint items require no actio0n by the Respondent:
Complaint #6 We don't know if electric work that was done was done by a licensed tradesperson
Inspector’s Observation: Statement by the Complainant, I’m unable to substantiate.
Complaint #7 specifically asked for non led 'White/Fluorescent" bulbs to be installed for the can lights and they were
Inspector’s Observation: No plan, specification, or properly executed change order provided at time of inspection.
Complaint #18 ceiling fan in the office still needs to be repaired from the previous job (we were told he could repair it when he had his electrician come back for the current job)
Inspector’s Observation: No evidence or proof to substantiate the complaint
Complaint #21 had to hire someone else to reinstall the plumbing the he removed
Inspector’s Observation: Completed prior to the jobsite inspection.
Complaint #22 put scratches and a hole in the side of my new refrigerator during demo
Inspector’s Observation: Inspector has no first-hand knowledge.
Complaint #26. I had to purchase plastic and tape off the area myself to avoid the clouds of dust that were being made by his subs
Inspector’s Observation: Statement by the Complainant, I’m unable to substantiate.
Complaint #30 strange clicking noise coming from the attic in the living room
Inspector’s Observation: At time of inspection, no deficiency observed or demonstrated.
Complaint #31 while going over items on the job he lost his temper and rose his voice and swore at my wife, not once but twice, and then stormed off in anger
Inspector’s Observation: Statement by the Complainant, I’m unable to substantiate.
Please direct all questions regarding this Directive to the undersigned Investigator.
Sincerely, /s/ Steve Klein #174 Steve Klein #174, Investigator 1700 W. Washington St. Ste 105 Phoenix, AZ 85007-2812
9. On August 11, 2021, the ROC issued an amended Directive to Integrity regarding complaint 2021A-02992. Through the Directive, the ROC directed Integrity to correct the following complaint items, by appropriate means, no later than September 10, 2021:
Complaint #1. While working in the attic his subs knocked off the main trunk line and crushed part of the A/C duct work (per one of his other subs) and we have almost no air flow to the back of the house.
Inspector’s Observation: While I cannot verify if the Respondent’s actions caused damage to the main trunk line, it appears that a permit was never in place for that contract, dated (10/10/2020). They Complainant may file a new complaint for any items on that contract as necessary. It was noted that no permit was pulled for the contract dated 5/7/21. The Respondent is precluded from starting any construction project without ensuring any required permits are in place. The Respondent is to ensure that any and all required building permits are obtained from the Local Building Authorities prior to making corrections listed in this Directive.
Complaint #2 Despite being warned that the wall wasn't straight and needed to be repaired prior to installation the counter top was installed crooked
Inspector’s Observation: Respondent agreed to correct
Complaint #3 Stucco patched around the garage was done in a poor workman like manner. Needs to be repaired, sealed and leveled at the seams and matched with the existing stucco.
Inspector’s Observation: The job is incomplete.
Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, local building codes and manufacturers installation instructions.
Complaint #4. removed a doorbell he was explicitly told NOT to remove and has not replaced it
Inspector’s Observation: The job is incomplete.
Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, local building codes and manufacturers installation instructions.
Complaint #5 can light are installed crooked Inspector’s Observation: Can lights between the island and sink counter do not appear to be straight.
Complaint #8 dryer vent chase is just stuck in the wall, should be attached and sealed
Inspector’s Observation: The job is incomplete.
Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, local building codes and manufacturers installation instructions.
Complaint #9 texture on the walls and ceiling isn’t complete Inspector’s Observation: The job is incomplete.
Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, local building codes and manufacturers installation instructions.
Complaint #10 line for the Stove, vent hood, and water heater have not been installed
Inspector’s Observation: The job is incomplete.
Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, local building codes and manufacturers installation instructions.
Complaint #11 additional electric lines for the family room (these were in addition to the bid, we were told we didn't need change orders that we would settle everything up at the end), still need to be installed
Inspector’s Observation: The job is incomplete.
Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, local building codes and manufacturers installation instructions.
Complaint #12 Concrete patch for the electric run to the island needs to be ground down/leveled
Inspector’s Observation: The job is incomplete.
Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, local building codes and manufacturers installation instructions.
Complaint #13 trash needs to be hauled away
Inspector’s Observation: The job is incomplete.
Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, local building codes and manufacturers installation instructions.
Complaint #14 cabinets and doors are hung crooked with gaps
Inspector’s Observation: The job is incomplete.
Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, local building codes and manufacturers installation instructions.
Complaint #15 Need a Three way switch for the can lights in the kitchen because the electrician wired the switch incorrectly
Inspector’s Observation: The job is incomplete.
The Respondent is to ensure that any and all required building permits are obtained from the Local Building Authorities prior to making corrections listed in this Directive. Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, local building codes and manufacturers installation instructions.
Complaint #16 crooked outlets installed in the kitchen and family room
Inspector’s Observation: The job is incomplete.
Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, local building codes and manufacturers installation instructions.
Complaint #17 ceiling fan still needs to be centered Inspector’s Observation: The job is incomplete.
Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, local building codes and manufacturers installation instructions.
Complaint #19 no gfi outlets installed in the garage nor in the kitchen near the sink
Inspector’s Observation: The job is incomplete.
The Respondent is to ensure that any and all required building permits are obtained from the Local Building Authorities prior to making corrections listed in this Directive. Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, local building codes and manufacturers installation instructions.
Complaint #20 we were told the electrician ran new electric lines, but he didn't install new breakers for the lines, so we don't even know if the lines are new
Inspector’s Observation: The job is incomplete.
The Respondent is to ensure that any and all required building permits are obtained from the Local Building Authorities prior to making corrections listed in this Directive. Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, local building codes and manufacturers installation instructions.
Complaint #23 didn’t install hardware or finish installation of the walkout garage door
Inspector’s Observation: The job is incomplete.
Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, local building codes and manufacturers installation instructions.
Complaint #24 the backsplash behind the stove is crooked and off center
Inspector’s Observation: Verified Complaint #25 while working in the attic his subs cut the vent stack to my washer and have left it open so there’s a hole in the roof
Inspector’s Observation: The job is incomplete.
Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, local building codes and manufacturers installation instructions.
Complaint #27 had to come back and add more insulation (Still not sufficient for R38 rating) because there were bare spots in the attic and places with no insulation (Per his sub) Inspector’s Observation: The job is incomplete.
Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, local building codes and manufacturers installation instructions.
Complaint #28 put a dimmer on the fluorescent garage light that wasn't asked for
Inspector’s Observation: The job is incomplete.
Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, local building codes and manufacturers installation instructions.
Complaint #29. newly installed can and island lights flicker in the home when the garbage disposal or hvac unit turn on Inspector’s Observation: Lights should function as intended The Respondent is to ensure that any and all required building permits are obtained from the Local Building Authorities prior to making corrections listed in this Directive.
ITEMS NOT REQUIRING CORRECTION
The following complaint items require no action by the Respondent:
Complaint #6 We don't know if electric work that was done was done by a licensed tradesperson
Inspector’s Observation: Statement by the Complainant, I’m unable to substantiate.
Complaint #7 specifically asked for non led 'White/Fluorescent" bulbs to be installed for the can lights and they were
Inspector’s Observation: No plan, specification, or properly executed change order provided at time of inspection.
Complaint #18 ceiling fan in the office still needs to be repaired from the previous job (we were told he could repair it when he had his electrician come back for the current job) Inspector’s Observation: No evidence or proof to substantiate the complaint
Complaint #21 had to hire someone else to reinstall the plumbing the he removed
Inspector’s Observation: Completed prior to the jobsite inspection.
Complaint #22 put scratches and a hole in the side of my new refrigerator during demo
Inspector’s Observation: Inspector has no first-hand knowledge.
Complaint #26. I had to purchase plastic and tape off the area myself to avoid the clouds of dust that were being made by his subs
Inspector’s Observation: Statement by the Complainant, I’m unable to substantiate.
Complaint #30 strange clicking noise coming from the attic in the living room
Inspector’s Observation: At time of inspection, no deficiency observed or demonstrated.
Complaint #31 while going over items on the job he lost his temper and rose his voice and swore at my wife, not once but twice, and then stormed off in anger
Inspector’s Observation: Statement by the Complainant, I’m unable to substantiate.
Please direct all questions regarding this Directive to the undersigned Investigator. Sincerely, /s/ Steve Klein #174 Steve Klein #174, Investigator 1700 W. Washington St. Ste 105 Phoenix, AZ 85007-2812
10. On or about August 11, 2021, Mr. Michels filed a second complaint against Integrity regarding the May 2021 contract (complaint 2021A-03868) alleging poor workmanship on the part of Integrity.
11. On September 17, 2021, Investigator Klein conducted a job-site inspection regarding complaint 2021A-03868.
12. On September 24, 2021, Mr. Michels ordered plans obtained permits from the City of Phoenix. See Exhibit J. Mr. Michels displayed the permits and plans at the October 1, 2021 job-site inspection.
13. On October 1, 2022, the ROC issued an amended Directive to Integrity regarding complaint 2021A-02992 that directed Integrity to correct the following complaint items, by appropriate means, no later than November 1, 2021:
You are directed to remedy the following violations by the appropriate means:
Complaint #1. While working in the attic his subs knocked off the main trunk line and crushed part of the A/C duct work (per one of his other subs) and we have almost no air flow to the back of the house.
Inspector’s Observation: Addressed in Complainant # 2021-03868
Complaint #2 Despite being warned that the wall wasn't straight and needed to be repaired prior to installation the counter top was installed crooked
Inspector’s Observation: Verified counter top was set into bowed wall, Respondent agreed to correct
Complaint #3 Stucco patched around the garage was done in a poor workman like manner. Needs to be repaired, sealed and leveled at the seams and matched with the existing stucco.
Inspector’s Observation: Verified gap between new stucco and existing. The job is incomplete. • Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, local building codes and manufacturers installation instructions.
Complaint #4. Removed a doorbell he was explicitly told NOT to remove and has not replaced it
Inspector’s Observation: The job is incomplete. • Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, local building codes and manufacturers installation instructions.
Complaint #5 Can light are installed crooked
Inspector’s Observation: Can lights between the island and sink counter do not appear to be straight.
Complaint #8 Dryer vent chase is just stuck in the wall, should be attached and sealed
Inspector’s Observation: The job is incomplete. • Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, local building codes and manufacturers installation instructions.
Complaint #9 Texture on the walls and ceiling isn’t complete Inspector’s Observation: Addressed in Complainant # 2021-03868
Complaint #10 Line for the Stove, vent hood, and water heater have not been installed
Inspector’s Observation: The job is incomplete.
• Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, local building codes and manufacturers installation instructions.
Complaint #11 Additional electric lines for the family room (these were in addition to the bid, we were told we didn't need change orders that we would settle everything up at the end), still need to be installed
Inspector’s Observation: The job is incomplete.
• Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, local building codes and manufacturers installation instructions.
Complaint #12 Concrete patch for the electric run to the island needs to be ground down/leveled
Inspector’s Observation: The job is incomplete.
• Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, local building codes and manufacturers installation instructions.
Complaint #13 Trash needs to be hauled away Inspector’s Observation: The job is incomplete.
• Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders.
Complaint #14 Cabinets and doors are hung crooked with gaps
Inspector’s Observation: The job is incomplete. • Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, local building codes and manufacturers installation instructions.
Complaint #15 Need a Three way switch for the can lights in the kitchen because the electrician wired the switch incorrectly
Inspector’s Observation: The job is incomplete.
• Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, local building codes, have the work inspected and approved by the proper governing authority.
Complaint #16 Crooked outlets installed in the kitchen and family room
Inspector’s Observation: The job is incomplete.
• Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, local building codes and manufacturers installation instructions.
Complaint #17 ceiling fan still needs to be centered Inspector’s Observation: The job is incomplete.
• Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, local building codes and manufacturers installation instructions.
Complaint #19 No gfi outlets installed in the garage nor in the kitchen near the sink
Inspector’s Observation: The job is incomplete.
• Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, local building codes
Complaint #20 We were told the electrician ran new electric lines, but he didn't install new breakers for the lines, so we don't even know if the lines are new
Inspector’s Observation: The job is incomplete.
• Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, local building codes, have the work inspected and approved by the proper governing authority.
Complaint #23 Didn’t install hardware or finish installation of the walkout garage door
Inspector’s Observation: The job is incomplete.
• Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, local building codes and manufacturers installation instructions.
Complaint #24 The backsplash behind the stove is crooked and off center
Inspector’s Observation: Verified
Complaint #25 While working in the attic his subs cut the vent stack to my washer and have left it open so there’s a hole in the roof
Inspector’s Observation: The job is incomplete. • Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, local building codes and manufacturers installation instructions.
Complaint #27 Had to come back and add more insulation (Still not sufficient for R38 rating) because there were bare spots in the attic and places with no insulation (Per his sub) Inspector’s Observation: Addressed in Complainant # 2021-03868
Complaint #28 Put a dimmer on the fluorescent garage light that wasn't asked for
Inspector’s Observation: The job is incomplete.
• Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, local building codes and manufacturers installation instructions.
Complaint #29. Newly installed can and island lights flicker in the home when the garbage disposal or hvac unit turn on Inspector’s Observation: Lights should function as intended • The Respondent should have the work inspected and approved by the proper governing authority.
ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:
Complaint #6 We don't know if electric work that was done was done by a licensed tradesperson
Inspector’s Observation: Statement by the Complainant, I’m unable to substantiate.
Complaint #7 specifically asked for non led 'White/Fluorescent" bulbs to be installed for the can lights and they were
Inspector’s Observation: No plan, specification, or properly executed change order provided at time of inspection.
Complaint #18 Ceiling fan in the office still needs to be repaired from the previous job (we were told he could repair it when he had his electrician come back for the current job) Inspector’s Observation: No evidence or proof to substantiate the complaint
Complaint #21 had to hire someone else to reinstall the plumbing the he removed
Inspector’s Observation: Completed prior to the jobsite inspection.
Complaint #22 put scratches and a hole in the side of my new refrigerator during demo
Inspector’s Observation: Inspector has no first-hand knowledge.
Complaint #26. I had to purchase plastic and tape off the area myself to avoid the clouds of dust that were being made by his subs
Inspector’s Observation: Statement by the Complainant, I’m unable to substantiate.
Complaint #30 Strange clicking noise coming from the attic in the living room
Inspector’s Observation: At time of inspection, no deficiency observed or demonstrated.
Complaint #31 While going over items on the job he lost his temper and rose his voice and swore at my wife, not once but twice, and then stormed off in anger
Inspector’s Observation: Statement by the Complainant, I’m unable to substantiate.
Please direct all questions regarding this Directive to the undersigned Investigator. Sincerely, /s/Steve Klein #174 Steve Klein #174, Investigator 1700 W. Washington St. Ste 105 Phoenix, AZ 85007-2812 Phone: (602) 689-4987 Fax: (602) 542-3919 E-mail: [email redacted]
14. On October 1, 2021, the ROC issued a Directive to Integrity regarding complaint 2021A-03868 that provided, in relevant part, 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 November 1, 2021.
..............................................
You are directed to remedy the following violations by the appropriate means:
Complaint #1 Workmanship - unknown if work was completed to current building codes (ie was moisture barrier applied?)
Inspector’s Observation: All work was started without a building permit being purchased. Complainant provides City approved plans and building permit.
• Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, local building codes, have the work inspected and approved by the proper governing authority
Complaint #2 Texture on the walls and ceiling isn't complete Inspector’s Observation: Verified the texture is not complete.
• Respondent shall complete project per original contract agreement,
Complaint #4 HVAC is not working properly. While working in the attic his subs knocked off the main trunk line (per the electrical sub) and crushed part of the A/C duct work (per his HVAC sub) and we have limited air flow to the back of the house. Workmanship - Unknown if work was completed to current building codes. Won’t provide building permit obtained and HVAC plan, and needs to be corrected/repaired as needed by a licensed professional to create adequate flow to the back bedrooms and bathrooms.
Inspector’s Observation: Work was completed without a building permit being purchased. Complainant supply’s a Building permit and a set of City approved plans.
• Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, local building codes, have the work inspected and approved by the proper governing authority.
Complaint #5 Exhaust fans were left venting into the attic.
Inspector’s Observation: Verified fan venting is incomplete.
• Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, local building codes, have the work inspected and approved by the proper governing authority.
Complaint #6 Verify and/or blow in proper amount of insulation as required to meet R-38 standards throughout the entire attic/roof per bid.
Inspector’s Observation: Contract specifies R-38. My opinion is the attic insulation does not meet R-38. Its less than 12 inches and there are open voids.
ITEMS NOT REQUIRING CORRECTION
The following complaint items require no action by the Respondent:
Complaint #3 Ceiling fan in the office was removed to apply texture to match the walls, light is "hot" all the time and needs to be repaired (we were told he would repair it when he had his electrician come back for the next job)
• Inspector’s Observation: Not enough evidence or proof to substantiate the complaint
Please direct all questions regarding this Directive to the undersigned Investigator.
Sincerely, /s/Steve Klein #174 Steve Klein #174, Investigator 1700 W. Washington St. Ste. 105 Phoenix, AZ 85007-2812 Phone: (602) 689-4987 Fax: (602) 542-3919 E-mail: [email redacted]
15. On October 4, 2021, Integrity requested copies of the plans and permits.
Mr. Michels provided the plans and permits to Integrity the same day.
16. Mr. Michels granted an extension to the deadline to perform under the directive to November 1-19, 2021 and December 6-10, 2021.
17. On December 17, 2021, Investigator Klein completed a compliance regarding 2021A-03868 and found that items 1, 2, 4, and 6 had not been corrected.
18. Despite being provided several opportunities to correct the Directive items, Integrity failed to comply with the Directives by the extended due dates.
19. On December 22, 2021, the ROC issued a Citation against Integrity’s license in complaint 2021A-03868 for alleged violations of Arizona Revised Statutes (A.R.S.) 32-1154(A)(3), (22), and Arizona Administrative Code (A.A.C.) R2-19-119.
20. On December 22, 2021, the ROC issued a Citation against Integrity’s license in complaint 2021A-02992 for alleged violations of Arizona Revised Statutes (A.R.S.) 32-1154(A)(3), (22), and Arizona Administrative Code (A.A.C.) R2-19-119.
21. Integrity filed timely answers to the Citations.
22. The matters were referred to the Office of Administrative Hearings.
23. An evidentiary hearing was conducted for both matters on May 24, 2022, June 13, 2022, and August 8, 2022.
24. At hearing, Mr. Michels testified on behalf of himself and presented the testimony of Mr. Michels, Mrs. Collen Michels, and Tom Bilyea. Integrity presented the testimony of Darren Lawson. Investigator Klein testified regarding his investigation of the complaints,
25. Mr. and Mrs. Michels explained that Integrity failed to obtain permits as required and started construction work without first obtaining permits. The Michels explained that the qualifying party, (Daniel Ryan Kelly-Hackett), never came to the worksite. The Michels asserted that Integrity performed poor work and failed to correct the Directive items. Mrs. Michels explained that Integrity was given multiple opportunities to correct the work but failed to complete the work, and even failed to come to their home to perform corrective work on many occasions.
26. Mr. Lawson is an employee of Integrity. Mr. Lawson asserted that the Michels agreed to obtain the permits. Mr. Lawson explained that Integrity delayed in correcting the Directive items because Investigator Klein informed him that no corrective work could be performed until the permits were obtained. Mr. Lawson stated that after the permits were issued, the required plans changed from the original contract agreement. Mr. Lawson stated that Integrity made several attempts to perform corrective work but were not permitted to perform work at the Michels’s home. Mr. Lawson denied that Integrity performed poor work. Mr. Lawson also contended that a permit was not required to correct the HVAC.
27. Investigator Klein and Mr. Bilyea explained that Integrity performed poor work on the construction of the Michels’s home. Investigator Klein and Mr. Bilyea explained that the work that Integrity performed required a permit to be issued before construction commenced.
28. Mr. Bilyea explained complaint items 2, 4, 13, 14, 16, 24 of complaint 2021A-0299 and item 2 of complaint 2021A-03868 did not require a permit before beginning construction. Mr. Bilyea explained that a permit was required to repair the HVAC pursuant to the City of Phoenix building codes.
29. Administrative notice is taken of Respondent’s prior License record on September 26, 2022. Such prior License record reflects that Respondent’s license number 325668 was first issued on August 21, 2019, and is active. Such prior License record also reflects that there are three open complaints against Respondent’s license and one complaint filed against Respondent was resolved/settled.
CONCLUSIONS OF LAW
This matter lies within the Registrar’s jurisdiction. See A.R.S. § 32-1101 et seq.
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.
3. The Administrative Law Judge may consider ROC’s administrative record. See Ariz. Admin. Code § R4-9-118.
4. 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).
5. Integrity’s qualifying party was required to adequately supervise the work performed by Integrity on the Michels’ home. See Arizona Revised Statutes (A.R.S) 32-11127(A).
6. The Administrative Law Judge has considered the entire hearing record including the testimony and the admitted exhibits.
7. The evidence presented at hearing shows that Integrity’s qualifying party failed to supervise the project at the Michels’s home. The preponderance of the evidence does not show that Respondent failed to perform the work in compliance with professional industry standards, which is a violation of A.R.S. § 32-1154(A)(3), namely A.A.C. R4-9-108(a).
8. The preponderance of the evidence shows that Respondent failed to
correct the items listed in the Registrar’s Directive without valid justification, which is a 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 ROC License 325668by Integrity Remodeling, LLC for three days.
It is further recommended that the ROC 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 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 forty days from the date of that certification.
Done this day, September 26, 2022.
/s/ Velva Moses-Thompson
Administrative Law Judge
Transmitted electronically to:
Jeffrey Fleetham, Director
Registrar of Contractors
By Miranda Alvarez
Legal Secretary