ALJDEC decisions subject to certification as final

2021A-03392-CHC-ROC · Registrar of Contractors · 2022-01-11

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Boxheart Holdings LLC,

COMPLAINANT

R&R Builders, LLC

License No. ROC 330136,

RESPONDENT

No. 2021A-03392-CHC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: December 22, 2021

APPEARANCES: Armando DeGuzman, Owner, and Mark Bertram, Owner, appeared on behalf of Complainant Boxheart Holdings LLC. Mark Bertram, Owner, appeared on behalf of Respondent R&R Builders, LLC.

ADMINISTRATIVE LAW JUDGE: Tammy L. Eigenheer

_____________________________________________________________________

FINDINGS OF FACT

R&R Builders LLC (Respondent) is the holder of License No. 330136 issued by the Arizona Registrar of Contractors (Registrar).

On or about November 16, 2020, Boxheart Holdings LLC (Complainant) entered into a contract with Respondent for a renovation and addition to an existing home. The contract provided that Respondent “shall be responsible for all building permit fees pertaining to the law, ordinances and regulations where the work is being performed.” The contract provided that work would start on November 16, 2020 and substantial completion of the project would be achieved on or before February 8, 2021. The contract provided a $75 a day penalty for failure to meet the substantial completion date. The total contract price was $71,223.00. The contract did not include the amount of the deposit, a progress payment schedule, or an advisement that Complainant had the right to file a complaint with the Registrar of Contractors.

On or about July 22, 2021, the Registrar received a Complaint against Respondent from Complainant alleging poor work and failure to perform with respect to the project.

The Registrar assigned the complaint to Investigator John Smith.

On September 20, 2021, after conducting a jobsite inspection, Investigator Smith issued a written directive 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 October 11, 2021.

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 reasons, 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 complete work per contract and to remedy the following violations by the appropriate means:

The Respondent is to obtain any and all required building permits from the Local Building Authorities prior to making corrections listed in this Directive.

If the local jurisdiction finds corrective issues relating to the respondent’s work, the respondent will be required to correct those issues by appropriate means. The respondent is required to submit a copy of the approved inspection results to the ROC Investigator.

Governing Rule: A.R.S. § 32-1154(A)(2)(a): Departure from or disregard of: (a) Plans or specifications...

Governing Rule: A.R.S. § 32-1154(A)(2)(b): Departure from or disregard of: (b) A building code...

Governing Rule: A.R.S. § 32-1154(A)(3) – R4-9-108(b) : Violation of any rule adopted by the registrar, Namely R 4-9-108: (B) A contractor shall perform work in accordance with any applicable building codes

and professional industry standards.

Complaint Item 1: “Untimely delivery. Past completion date with little to no progress.”

Investigator’s Observations: Verified.

The parties entered into the contract in November of 2020. The signed contract states: “...shall be Substantially Completed on or before February 8th, 2021 (12 weeks).” The work is not substantially complete. The house is not currently livable. All work has been performed without a permit. The building official may determine the need for destructive work to allow for required inspections.

. . . .

Complaint Item 2: “New roof leaking in numerous areas. Primarily master bedroom.”

Investigator’s Observations: Verified.

There are numerous unsealed roof penetrations, including gaps and missing flashings.

Sheathing is exposed above the cricket at the master bathroom addition.

There are holes in the roofing material.

There are areas of flat roof material missing the reflective coating.

Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar;

Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 3: “New plumbing inspected by master plumber. Discovered not tied into main line.”

Investigator’s Observations: Verified.

This has been inspected by a third party company. The results of that inspection were submitted by the complainant. The inspection report is from Dunn Plumbing and Drain Service LLC, ROC 295393 Inspection report is dated 6/15/2021, and includes the flowing statement: “performed video sewer line inspection on system. When camera was ran found main sewer line in rear lard to not have complete connection to original system. Pipe must be hooked up to complete system.”

Findings during the ROC jobsite inspection: Most of the sewer line from the addition is buried and not visible. The plumbing subcontractor was on site and dug up a small portion of the sewer line. The new sewer line from the addition was described to exit the west side of the building, run south along

the back side of the building, then turn and run east towards the street. The plumbing subcontractor stated he connected the new sewer line to a sewer line found along the south side of the house. The plumbing subcontractor acknowledged he cannot confirm the sewer line he connected the new piping to is actually connected to the main sewer system. Based on the portion of piping that was dug up and exposed, the cleanouts are below grade and the piping is broken.

. . . .

Complaint Item 4: “New HVAC system malfunctioning due to improper maintenance.”

Investigator’s Observations: Verified.

The HVAC equipment is a roof mounted “gas-pack” with exposed duct work above the roof. The Air conditioning system is not cooling as it should. The air temperature at the return air grill was 84.5 degrees. The air temperature at the supply ducts in the living room were 81.1 degrees. The air temperature at the supply ducts in the addition areas was 101.2 degrees. In addition to the system not cooling as it should, the ducting above the roof is not insulated allowing the conditioned air to be heated as the system is running. The condensate piping is not properly secured or supported. The electrical conduit is not properly secured or supported.

. . . .

Complaint Item 5: “Water damage to roof and walls from leaks.”

Investigator’s Observations: Verified.

There is currently visible moisture damage to the wall in the master bathroom.

. . . .

Complaint Item 6: “Unfinished product with roughly around $15K in work to be performed.”

Investigator’s Observations: Verified.

Note: The dollar amount specified in the Allegation is not verified. The Registrar is not offering an opinion as the value or cost to complete the project.

. . . .

Complaint Item 7B: “Items needed to be completed per SOW – Wood Horizontal Slat Fence Front Yard” As described by the complainant, there is to be a section of fence and a gate at the south side of the house.

Investigator’s Observations: Verified.

Currently there is no fence or gates at the south side of the house. The respondent acknowledged there is supposed to be a fence and a gate at the south side of the house.

. . . .

Complaint Item 8B: “Items needed to be completed per SOW – Rock Front & Back Yard”

Investigator’s Observations: Verified.

Rock at the back yard is currently incomplete. The respondent acknowledged the complete backyard of the property is to have decorative rock, including beyond the wood fence.

. . . .

Complaint Item 9: “Items needed to be completed per SOW – Kitchen Island”

Investigator’s Observations: Verified.

The kitchen island is incomplete:

• The respondent stated the cabinets need to be replaced due to paint issues.

• Under-slab plumbing and electric not permitted or inspected.

• Plumbing not connected.

• Incorrect use of vent 90’s in sewer waste pipe.

• Exposed/unprotected romex type wiring in cabinet.

• Unfinished drywall.

• Unfinished paint.

• Missing cabinet hardware.

• Hole in floor of cabinet.

. . . .

Complaint Item 10: “Items needed to be completed per SOW – Kitchen Granite Countertops”

Investigator’s Observations: Verified.

The countertops are installed, but incomplete:

• Range opening is only 29-1/2 inches. Range opening needs to be 30 inches.

• The respondent stated the cabinets need to be replaced due to paint issues.

• Countertops currently partially covered and not able to be fully evaluated.

. . . .

Complaint Item 11: “Items needed to be completed per SOW – Kitchen Hardware & Pantry Shelves”

Investigator’s Observations: Verified.

The complainant acknowledged the pantry shelves have been installed. The cabinet hardware is not complete. Some area of cabinet hardware has overspray on the new hardware.

. . . .

Complaint Item 12: “Items needed to be completed per SOW – Plumbing issues”

Investigator’s Observations: Verified.

At least one vent pipe/stack is broken below the roof line, currently loose above the roof. Improper use of vent 90’s in the sewer drain pipe at the kitchen island. Vent stack at south side of house not supported or secured.

Open gas pipe fitting near gas meter. No gas pipe connecting gas supply to furnace. Flexible gas line (appliance connectors) double up with use of a coupler near the furnace. Underground sewer piping incorrect and incomplete as described in Complaint Item 3.

. . . .

Complaint Item 13A: “Items needed to be completed per SOW – HVAC repair” Allegation quoted from a third party inspection report submitted by the complainant. Inspection report from Aire Tech Mechanical LLC, ROC 323143, dated 8/3/2021 “old metal stand was left in place...”

Investigator’s Observations: Verified.

The metal stand supporting the roof mounted HVAC unit is not properly sized for the current HVAC unit. The top of the metal stand is not level – wood blocks have been inserted between the stand and the HVAC unit to compensate for the un-level stand.

. . . .

Complaint Item 13B: “Items needed to be completed per SOW – HVAC repair” Allegation quoted from a third party inspection report submitted by the complainant. Inspection report from Aire Tech Mechanical LLC, ROC 323143, dated 8/3/2021 “ductwork wasnt sealed nor installed properly”

Investigator’s Observations: Verified.

The ductwork above the roof is not supported or secured properly. There are several areas of missing and/or damaged support legs. Most of the exposed ductwork is not sealed. Most of the exposed ductwork is not insulated.

. . . .

Complaint Item 13D: “Items needed to be completed per SOW – HVAC repair” Allegation quoted from a third party inspection report submitted by the complainant. Inspection report from Aire Tech Mechanical LLC, ROC 323143, dated 8/3/2021 “gas supply line left disconnected from gas meter”

Investigator’s Observations: Verified.

There is no natural gas to the HVAC unit. There is no gas piing connecting the gas piing at the meter to the gas piing feeding the HVAC unit.

. . . .

Complaint Item 13E: “Items needed to be completed per SOW – HVAC repair” Allegation quoted from a third party inspection report submitted by the complainant. Inspection report from Aire Tech Mechanical LLC, ROC 323143, dated 8/3/2021 “Roof has bubbles in it needs attention, needs roofer, new restroom vents fresh air needs be sealed properly” “Roof has bubbles in it needs attention, needs roofer, new restroom vents fresh air needs be sealed properly””

Investigator’s Observations: Verified.

There is a significant bubble, delamination, in the roofing material of the low slope portion of the roof. The area of delamination extends from the north to the south. There are significant air pockets/voids below the roofing material.

. . . .

Complaint Item 13F: “Items needed to be completed per SOW – HVAC repair” Allegation quoted from a third party inspection report submitted by the complainant. Inspection report from Aire Tech Mechanical LLC, ROC 323143, dated 8/3/2021 “return ductwork....needs cleaning unit didn’t have a filter...”

Investigator’s Observations: Verified.

A filter is now installed in the return air grill, however, the filter and return air grill to not appear to the appropriate size.

. . . .

Complaint Item 14: “Items needed to be completed per SOW – A/C Vents & Supply lines to Arizona Room, Master & Laundry”

Investigator’s Observations: Verified.

There is currently ductwork to the addition rooms, however, the ductwork is not insulated or properly sized.

. . . .

Complaint Item 15: “Items needed to be completed per SOW – Shower Glass Door in Master Bathroom”

Investigator’s Observations: Verified.

There is no shower door installed in the master shower. The respondent acknowledged a shower door is to be installed.

. . . .

Complaint Item 16: “Items needed to be completed per SOW – Master Bathroom Fixtures”

Investigator’s Observations: Verified.

The master bathroom window is binding and difficult to operate.

. . . .

Complaint Item 17: “Items needed to be completed per SOW – Fence Backyard”

Investigator’s Observations: Verified.

The rear fencing includes a gate that is incomplete and difficult to operate. There are also several missing and/or damaged fence boards.

. . . .

Complaint Item 18: “Items needed to be completed per SOW – Misc Finishing Entire House”

Investigator’s Observations: Verified.

. . . .

Complaint Item 20: “...The NEW kitchen cabinets that were previously installed have been replaced with used cabinets that have been poorly painted...The contract clearly states new cabinets...”

Investigator’s Observations: Verified.

The respondent acknowledged the cabinets were to be new and pre-finished cabinets. The currently installed cabinets have been painted on site, after installation.

The current paint is very poor.

• There are several areas of runs in the paint.

• There are several areas of overspray inside the cabinets.

• There are areas of uneven paint finish.

• There are several areas of paint on the cabinet hardware.

The respondent acknowledged the current cabinets need to be replaced.

. . . .

Complaint Item 21: Allegation quoted from a third party inspection report submitted by the complainant. Inspection report from Buddy Heilig & Sons Elentrical Services Inc LLC, ROC 245883, dated 8/23/2021 “The main service panel was upgraded without a permit and without following current standards and codes.”

Investigator’s Observations: Verified.

The main electric panel was upgraded without a permit being obtained. The addition was built without a permit being obtained. The wall of the addition is in contact with and pushing on the overhead electric service entrance wires. The overhead service entrance wires currently pass over a portion of the low slope roof with only approximately six inches clearance from the roof. Circuits in the new panel are not labeled. At least one circuit breaker in the new panel is the incorrect brand for the panel. One additional knockout opened without being used.

. . . .

Complaint Item 22: Allegation quoted from a third party inspection report submitted by the complainant. Inspection report from Buddy Heilig & Sons Elentrical Services Inc LLC, ROC 245883, dated 8/23/2021 “The tankless water heater was fed with an undersized circuit and is missing two of the three circuits required.”

Investigator’s Observations: Verified.

The wires and wire connections are not visible without removing panels of the water heater and/or the “dead front” cover of the main electric panel. This allegation is verified based on the third party inspection report.

. . . .

Complaint Item 23: Allegation quoted from a third party inspection report submitted by the complainant. Inspection report from Buddy Heilig & Sons Elentrical Services Inc LLC, ROC 245883, dated 8/23/2021 “The three receptacle in the backyard has no power.”

Investigator’s Observations: Verified.

The exterior receptacles have no power. Receptacles are not fully installed, and loose in the electrical boxes.

. . . .

Complaint Item 24: Allegation quoted from a third party inspection report submitted by the complainant. Inspection report from Buddy Heilig & Sons Elentrical Services Inc LLC, ROC 245883, dated 8/23/2021 “There are 5 receptacles in the west bonus room that tested to have open grounds.”

Investigator’s Observations: Verified.

The respondent confirmed this allegation. All three prong receptacles in the house are currently ungrounded.

. . . .

Complaint Item 25: Allegation quoted from a third party inspection report submitted by the complainant. Inspection report from Buddy Heilig & Sons Elentrical Services Inc LLC, ROC 245883, dated 8/23/2021 “There are two switches in the laundry room that have unknown functions.”

Investigator’s Observations: Verified.

There is a two gang switch box in the laundry room. One switch controls the ceiling light. The purpose or function of the second switch is unknown.

. . . .

Complaint Item 26: Allegation quoted from a third party inspection report submitted by the complainant. Inspection report from Buddy Heilig & Sons Elentrical Services Inc LLC, ROC 245883, dated 8/23/2021 “There are two receptacles in the dining room that tested to have open grounds.”

Investigator’s Observations: Verified.

The respondent confirmed this allegation. All three prong receptacles in the house are currently ungrounded.

. . . .

Complaint Item 29: Allegation quoted from a third party inspection report submitted by the complainant. Inspection report from Buddy Heilig & Sons Elentrical Services Inc LLC, ROC 245883, dated 8/23/2021 “The electrical in the kitchen island is incomplete. The Romex cable installed in the underground sleeve is not rated for this use.”

Investigator’s Observations: Verified.

There is exposed and unprotected romex type wiring in the sink cabinet. The receptacle in the sink cabinet is missing a cover plate.

. . . .

Complaint Item 30: Allegation quoted from a third party inspection report submitted by the complainant. Inspection report from Buddy Heilig & Sons Elentrical Services Inc LLC, ROC 245883, dated 8/23/2021 “There are 2 receptacles in the entry that tested to have open grounds.”

Investigator’s Observations: Verified.

The respondent confirmed this allegation. All three prong receptacles in the house are currently ungrounded.

. . . .

Complaint Item 31: Allegation quoted from a third party inspection report submitted by the complainant. Inspection report from Buddy Heilig & Sons Elentrical Services Inc LLC, ROC 245883, dated 8/23/2021 “There are 4 receptacles in the living room that tested to have open grounds.”

Investigator’s Observations: Verified.

The respondent confirmed this allegation. All three prong receptacles in the house are currently ungrounded.

. . . .

Complaint Item 32: Allegation quoted from a third party inspection report submitted by the complainant. Inspection report from Buddy Heilig & Sons Elentrical Services Inc LLC, ROC 245883, dated 8/23/2021 “There are no smoke detectors in the house.”

Investigator’s Observations: Verified.

The respondent confirmed this allegation.

. . . .

Complaint Item 33: Allegation quoted from a third party inspection report submitted by the complainant. Inspection report from Buddy Heilig & Sons Elentrical Services Inc LLC, ROC 245883, dated 8/23/2021 “There are five receptacles in the northeast bedroom that tested to have open grounds.”

Investigator’s Observations: Verified.

The respondent confirmed this allegation. All three prong receptacles in the house are currently ungrounded.

. . . .

Complaint Item 34: Allegation quoted from a third party inspection report submitted by the complainant. Inspection report from Buddy Heilig & Sons Elentrical Services Inc LLC, ROC 245883, dated 8/23/2021 “There are five receptacles in the north center bedroom that tested to have open grounds.”

Investigator’s Observations: Verified.

The respondent confirmed this allegation. All three prong receptacles in the house are currently ungrounded.

. . . .

Complaint Item 35: Allegation quoted from a third party inspection report submitted by the complainant. Inspection report from Buddy Heilig & Sons Elentrical Services Inc LLC, ROC 245883, dated 8/23/2021 “The GFCI receptacle in the hall bathroom tested to have an open ground. This is normal for the type of circuitry present and a GFCI receptacle makes this acceptable.”

Investigator’s Observations: Verified.

The respondent confirmed this allegation. All three prong receptacles in the house are currently ungrounded.

. . . .

Complaint Item 36: Allegation quoted from a third party inspection report submitted by the complainant. Inspection report from Buddy Heilig & Sons Elentrical Services Inc LLC, ROC 245883, dated 8/23/2021 “There are three receptacles in the master bedroom that tested to have open grounds.”

Investigator’s Observations: Verified.

The respondent confirmed this allegation. All three prong receptacles in the house are currently ungrounded.

Additionally;

• Receptacles in the master bedroom are pulled out of the boxes and only attached by wire connections.

• Boxes are recessed approximately 5/8 from the surface of the drywall. wiring passing through knockouts of the metal electrical boxes is missing proper connecting clamps / grommets.

. . . .

Complaint Item 37: Allegation quoted from a third party inspection report submitted by the complainant. Inspection report from Buddy Heilig & Sons Elentrical Services Inc LLC, ROC 245883, dated 8/23/2021 “The receptacle in the master bathroom has no power.”

Investigator’s Observations: Verified.

The respondent confirmed this allegation.

. . . .

Complaint Item 38: Allegation quoted from a third party inspection report submitted by the complainant. Inspection report from Buddy Heilig & Sons Elentrical Services Inc LLC, ROC 245883, dated 8/23/2021 “There is currently a subpanel installed in the linen closet. The ground and neutral wires are sharing the same bus bar which is not acceptable in a subpanel.”

Investigator’s Observations: Verified.

The sub panel is installed in the hallway closet. The location of this sub panel will need to be evaluated by the local building official The local building official will determine if the location of this panel is acceptable. The ground and neutral wires inside this panel are currently not isolated.

. . . .

Complaint Item 39: Allegation quoted from a third party inspection report submitted by the complainant. Inspection report from Buddy Heilig & Sons Elentrical Services Inc LLC, ROC 245883, dated 8/23/2021 “The doorbell transformer is installed improperly.”

Investigator’s Observations: Verified.

The doorbell transformer is loose form the electrical box. The electrical box is missing the appropriate cover. There are exposed wires inside the electrical box. The is recessed approximately 5/8 from the surface of the drywall.

All errors in original.

In the written directive, Investigator Smith also noted that the contract at issue did not include the required elements of a contract as set forth in A.R.S. § 32-1158(A) as follows:

Warning Letter: Elements of a Contract.

Investigator’s Observations: The respondent’s contract is missing the following information:

• The dollar amount of any advance deposit paid or scheduled to be paid to the contractor by the owner.

• The dollar amount of any progress payment and the stage of construction at which the contractor will be entitled to collect progress payments during the course of construction under the contract.

• Information about the customer’s right to file a complaint with the registrar

• Contact information for the registrar.

. . . .

REQUIRED CORRECTIVE ACTION: The respondent is to submit a copy of a current contract form that complies with the provisions of A.R.S. § 32-1158.

In the written directive, Investigator Smith also noted that Respondent had performed work without the appropriate permits having been obtained in violation of A.R.S. § 32-1154(A)(2)(b) and A.R.S. § 32-1154(A)(3)(b), namely A.A.C. R4-9-108(B) as follows:

Warning Letter: Performing permit required work without a permit being obtained.

Investigator’s Observations: As stated by the complainant, no permits have been obtained for this project. This project includes HVAC replacement, framing and structural changes, electrical modifications, and plumbing modifications. All of which require permits.

. . . .

REQUIRED CORRECTIVE ACTION:

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.

Following the issuance of the written directive, Respondent performed some work on the project. After the deadline in the directive expired, Investigator Smith was notified some corrective work had been performed.

After a compliance jobsite inspection, Investigator Smith determined that only one item, Complaint Item 7(b) had been completed.

The Registrar issued a Citation against Respondent, charging possible violations of A.R.S. § 32-1154(A)(2)(a) and (b); A.R.S. § 32-1154(A)(3), namely A.A.C. R4-9-108(a) and (b); A.R.S. § 32-1154(A)(8); A.R.S. § 32-1154(A)(12), namely A.R.S. § 32-1158; and A.R.S. § 32-1154(A)(22).

Investigator Smith testified that at the compliance jobsite inspection, he concluded that approximately half of the items had not been altered at all and the other half had been worked on, but had not been fully corrected.

Mr. DeGuzman testified that Respondent told them that permits were not needed for the project. Mr. DeGuzman stated that they relied on Respondent’s advice regarding the need for permits because Respondent was the expert. Mr. DeGuzman indicated that Complainant had paid $29,805.00 on the contract price of $71,223.00, but noted that the $75.00 per day penalty would result in a much lower amount still owed on the project.

Mr. Robles stated that he agreed with the dates provided by Complainant. Mr. Robles asserted that nothing in the contract provided that Respondent would obtain the required permits.

Administrative notice is taken of Respondent’s prior License record on January 11, 2022. Such prior License record reflects that Respondent’s License No. 330136 was first issued on August 13, 2020, and is active. Such prior License record also reflects that there were no other open complaints and three resolved/settled prior complaints against Respondent’s license.

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 Vazanno 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 evidence established that Respondent was responsible for paying for the required permits on the project. Therefore, Complainant established that Respondent departed from the plans or specification of the contract in violation of A.R.S. § 32-1154(A)(2)(a).

The evidence established that Respondent performed work on the project prior to obtaining a permit. Therefore, Complainant established that Respondent departed from building codes in violation of A.R.S. § 32-1154(A)(2)(b) and A.R.S. § 32-1154(A)(3), namely A.A.C. R4-9-108(B).

The evidence established that Respondent failed to substantially complete the project by February 8, 2021, as set forth in the contract. Therefore, Complainant established that Respondent failed to complete the contract for the price stated in the contract in violation of A.R.S. § 32-1154(A)(8).

The evidence established that Respondent’s contract failed to include the required elements of a contract set forth in A.R.S. § 32-1158(A). Therefore, Complainant established that Respondent failed to comply with the Registrar’s statute in violation of A.R.S. § 32-1154(A)(12).

The evidence established that Respondent’s work was not in conformity with the Registrar’s standards. 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 that Respondent did not attempt to complete the corrective work following the Directive being issued. 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 revoke Respondent’s License No. 330136.

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 40 days from the date of that certification.

-54864001

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-137160-45720000Done this day, January 11, 2022.

/s/ Tammy L. Eigenheer

Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director

Registrar of Contractors-54864001

001

-137160-45720000