2022A-08545-CHC-ROC Notice of Hearing and Packet MAILED

2022A-08545-CHC-ROC · Registrar of Contractors · 2023-08-15

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Terry Hughner , Case No. 2022-08545 COMPLAINANT, Docket No. 2022A-08545-CHC-ROC v. NOTICE OF HEARING ON Brantner Group LLC CONTESTED CASE License No. ROC 305326,

RESPONDENT.

This Notice of Hearing is issued under A.R.S. § 41-1092.05(D). HEARING INFORMATION The hearing is set for: September 26, 2023 9:00 AM Tammy Eigenheer Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

If you have requested to appear in-person at the hearing, the hearing will be held at 1740 W Adams Street, Phoenix, AZ 85007.

You must attend this hearing. This is an adversarial hearing before an administrative law judge, and is conducted in a similar manner as judicial proceedings. Thus, you must be prepared to present evidence, including witness testimony and documents, in support of your case.

STATEMENT OF LEGAL AUTHORITY AND JURISDICTION The State of Arizona has determined that the licensing and regulation of construction

contractors is a proper state function, and has vested authority in the Registrar of Contractors

to administer Title 32, Chapter 10 of the Arizona Revised Statutes. A.R.S. §§ 32-1101 et seq.

All hearings for alleged violations of Title 32, Chapter 10 are conducted under Title 41,

Chapter 6, Article 10. A.R.S. § 32-1156.

The statutes and rules governing the hearing can be found at: Arizona Revised

Statutes §§ 41-1092 to -1092.12, and Arizona Administrative Code R2-19-101 to -122.

PARTICULAR ARIZONA STATUTES AND RULES INVOLVED The statutes and rules the Respondent is alleged to have violated are cited in the

complaint and citation, which were served on the Respondent on July 13, 2023.

SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED The complaint and citation allege that the Respondent committed the following act(s):

Charge: 1 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Charge: 2 A.R.S. § 32-1154(A)(22)

THE PARTIES TO THE ADMINISTRATIVE HEARING Because Respondent is a licensee and is charged with an act(s) or omission(s) that is cause for the suspension or revocation of a license, Respondent is a party to this case and will be a party to the hearing. Because Complainant alleged Respondent committed an act(s) or omission(s) that is cause for the suspension or revocation of a license, Complainant is a party to this case and will be a party to the hearing. Respondent and Complainant, as the parties to the hearing, will present evidence and argument to the administrative law judge. The Registrar’s assigned investigator will appear as a witness at the hearing.

RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney.

A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented

by an officer or employee if that person satisfies the conditions set forth in A.R.S. § 32-

1156(B).

CHANGE OF ADDRESS Each party must inform the Registrar and the Office of Administrative Hearings of

any change of address within five (5) days of the change. A.R.S. § 41-1092.04.

HEARING PROCEDURES AND RULES The administrative hearing will be conducted in accordance with A.R.S. §§ 41-1092

to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and

processes governing the administrative hearing. Copies of the statutes, rules, and articles

regarding the administrative hearing process can be found at https://www.azoah.com/.

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE The Registrar’s investigators, employees, and attorneys will appear at the hearing via video conference or telephone unless requested by a party to appear in-person. Requests for the Registrar’s investigators, employees, or attorneys to appear in-person must be filed with the Registrar and the Office of Administrative Hearings no later than seven (7) calendar days prior to the hearing date. HEARING PACKET In the interests of administrative efficiency, the Registrar compiles and discloses certain documents to the parties and the Office of Administrative Hearings. These documents are attached to this Notice of Hearing as the “Hearing Packet.” If any party wishes to submit additional evidence, they must do so during the hearing after completing a disclosure statement. See “Disclosure Statement” section below.

SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS The parties to the hearing must be prepared to present evidence in support of their case. If a party wants to obtain testimony from a witness or documents not in the party’s possession, the party must prepare and file a written subpoena for the Administrative Law Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com. The party seeking a subpoena must serve notice on all the parties to the hearing, and on the Registrar. A.R.S. § 41-1092.04. DISCLOSURE STATEMENT At least seven calendar days before the hearing, each party must prepare and serve a disclosure statement on all other parties, and file it with the Office of Administrative Hearings. A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the party will use at the hearing. A party’s failure to timely disclose any witness or exhibit, without good cause, may result in the administrative law judge excluding those witnesses or exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is available on the Registrar’s website at https://roc.az.gov/content/prehearing-disclosure- statement.

CHANGING THE HEARING DATE

The date of the hearing may only be advanced or delayed on the agreement of the

parties or on a showing of good cause. A.R.S. § 41-1092.05(C). The date of the hearing may

be changed by filing a written agreement of the parties to change the date of the hearing. The

written agreement must be filed with the Office of Administrative Hearings, directed to the

assigned Administrative Law Judge, and transmitted to the Registrar and all other parties. The

assigned Administrative Law Judge may be found on the Office of Administrative Hearings’

web portal at www.azoah.com

If a party would like to move the date of the hearing without agreement of all parties, the party must file a written motion with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmit a copy to the Registrar and all other parties. The motion must state in detail good cause for why the date of the hearing should be advanced or delayed, and the position of all other parties regarding the advancement or delay. A party may also file a motion asserting a right to an expedited hearing upon a showing of extraordinary circumstances or the possibility of irreparable harm. A.R.S. § 41-1092.05(E).

RESOLUTION SHORT OF ADJUDICATION

In any case which is resolved or settled by the parties, or which is withdrawn by the

Complainant without objection from Respondent after the Notice of Hearing is issued, the

parties must notify the Office of Administrative Hearings of the resolution or settlement. Any

such cases will be listed on the Registrar’s website and its records under the category: “Closed

Complaints – Resolved/Settled/Withdrawn.”

Dated August 16, 2023.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail August 16, 2023 to: Respondent(s) Brantner Group LLC 10648 E Arabian Park Drive Scottsdale, AZ 85258 Complainant(s) Terry Hughner 4023 E McDowell Rd Phoenix, AZ 85008 Matthew Levine, Esq. 2850 E Camelback Rd Ste 245 Phoenix, AZ 85016

Copy sent electronically this same date to: Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar Complainant’s Attorney at email address of record with Registrar Case No. 2022-08545 /

Katie Hobbs, Governor Martin Quezada, Director

Hearing Packet FAQ What is the Hearing Packet?

The Hearing Packet is a packet of certain documents collected or issued by the Registrar over the course of its investigation.

Who gets the Hearing Packet?

The Hearing Packet is assembled and distributed to all parties and to the Office of Administrative Hearings (“OAH”) prior to an administrative hearing.

What types of cases does the Registrar prepare a Hearing Packet for?

The Registrar prepares a Hearing Packet for Complainant-Handled Cases and No-Pay Cases. Note: If the Docket Number on the Notice of Hearing contains a “CHC” or “NPC”, your case is a Complainant-Handled Case or a No-Pay Case.

What is in the Hearing Packet?

The Hearing Packet contains essential case-specific documents and at a minimum will include the following documents:

● Original complaint;

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ

Katie Hobbs, Governor Martin Quezada, Director

● Citation; and ● Answer.

The Hearing Packet will also contain the following documents (if applicable):

● Jobsite inspection notices, notes, and photos; ● Written directives; and ● Compliance inspection notices, notes, and photos.

What if there are documents missing from the Hearing Packet?

If there is any evidence you submitted to the Registrar that are not included in the Hearing Packet it is your responsibility to introduce that evidence at the administrative hearing. Note: The administrative law judge assigned to your case does not have access to the entire Registrar record.

If there is additional evidence you submitted to the Registrar during the investigation that you also want to introduce as evidence during your hearing, it is your responsibility to:

● Properly disclose that evidence to the other party; and ● Introduce the evidence during your hearing.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ

Katie Hobbs, Governor Martin Quezada, Director

How do I disclose evidence I intend to use at a Hearing?

You must properly disclose any and all documents and witnesses you intend to use at your hearing according to the Registrar’s Prehearing Disclosure Rules. See Arizona Administrative Code Section R4-9-118.

A sample prehearing disclosure form and instructions are provided to the parties by the Registrar.

How do I obtain documents I previously submitted to the Registrar?

If you previously submitted documents to the Registrar and need a copy of these documents, please contact the Registrar’s Legal Department or submit a public records request at https://roc.force.com/AZRoc/s/roc-public-request.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ

Douglas A. Ducey, Governor Jeffrey L. Fleetham, Director

Complainant: TERRY HUGHNER 4023 E McDowell Rd Phoenix, AZ 85008

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C008 05/21 Douglas A. Ducey, Governor Jeffrey L. Fleetham, Director

Respondent: Brantner Group LLC DBA: 10648 E Arabian Park Drive Scottsdale, AZ 85258

October 4, 2022

Jobsite Inspection Notice Re: Complaint Number 2022-08545

Dear Complainant and Respondent:

A formal complaint has been filed with the Arizona Registrar of Contractors.

A jobsite inspection is scheduled for October 26, 2022 at 9:30 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

COMPLAINANT: 1. Under A.R.S. § 32-1155(D)(1), the Respondent must be allowed, upon request, the opportunity to inspect the work complained of within fifteen (15) days of receiving this notice. If Respondent is not provided an opportunity to inspect the work within the fifteen (15) day time period, the Registrar may be prohibited from taking further action on this complaint. 2. The Registrar may also be precluded from taking further action on this complaint, if the work that is the subject of the complaint is subject to neglect, modification, or abnormal use. A.R.S. § 32-1155(D)(2) 3. You must provide safe access to any area to be inspected. If access to a roof or other elevated area is required, you must provide a means to safely access the area (ladder or manlift as appropriate). Additionally, please secure any animals.

RESPONDENT: 1. Enclosed is a copy of the complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity to inspect the work complained of within fifteen days of the date of receipt of this notice. 2. To assist the assigned investigator in evaluating the merits of the complaint, please submit a response to the enclosed complaint to the assigned investigator prior to the scheduled inspection. 3. If you do not attend the jobsite inspection, your absence may negatively impact the investigation, and your interests. 4. If a building permit(s) was required for this project, please have the building permit information available at the jobsite inspection.

If either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time.

If the parties resolve the complaint prior to the inspection, please notify the assigned investigator in writing and by phone as soon as possible.

Sincerely, Albert Bernal Albert Bernal, Investigator (480) 493-7742 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

CC: Respondent Complainant Complainant Attorney

A Guide to Jobsite Inspections

Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license alleging poor workmanship, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.

Jobsite Inspection Rights and Responsibilities Access to inspect: The property owner has complete control over who they allow on the property. However, if the Registrar’s investigator or the contractor cannot inspect the work, the Registrar will not move forward with a citation.

Cooperation: Arizona law enables injured parties to seek relief for damages through several paths. When dealing with a licensed contractor, the Registrar of Contractors’ administrative complaint process may serve as one of those possible paths. However, in order to use that path, the Registrar relies on the cooperation of all parties to a complaint.

Minimum workmanship: The Registrar investigates workmanship complaints for compliance with minimum workmanship and professional industry standards. The Registrar does not issue citations for work that meets these standards.

Scope: The scope of the Jobsite Inspection is limited to items listed in the complaint filed with the Registrar’s office. It is the complainant’s responsibility to point out the complaint item(s) and the Investigators role to review the item(s). If the complainant identifies additional workmanship items not listed in the original complaint, they must file an addendum to the complaint. The Registrar’s Investigator may identify additional administrative violations by the contractor (e.g. work performed out of scope of the license and failure to provide a contract that meets requirements set by Arizona law) at the time of the inspection.

The Role of the Investigator At the Jobsite Inspection, the Registrar’s investigator will: ● Only investigate the items listed on the complaint form filed with the Registrar. ● Will gather evidence to make an informed decision about the complaint items.

What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will leave the jobsite and review the evidence provided during the inspection. Generally, the investigator does not make any determination at the time of the jobsite inspection regarding whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.

Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C008 05/21 Douglas A. Ducey, Governor Jeffrey L. Fleetham, Director

A Guide to Written Directives Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.

What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will determine whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.

Written Directives Access: In order to use the administrative process offered by the Registrar, a property owner must provide reasonable access to allow the contractor to fix their work as directed by the Registrar in a Written Directive. Complainants may not put any additional, unnecessary restrictions on the Respondent above and beyond the initial contract requirements agreed upon at the beginning of the project. Respondents are required to make repairs on items identified on any Written Directive, not otherwise restricted by local code or HOA limitations. Complainants must make access available to the Respondent to make the required repairs and failure to provide reasonable access may result in the Registrar dismissing the complaint.

Contractor obligations: The Written Directive will set a deadline for compliance. This is the period of time determined by the Investigator as necessary to complete the items listed in the Directive. ● The deadline for compliance assumes the contractor will promptly begin working on the items listed in the Directive. ● Do not wait. Both parties should communicate quickly to schedule the work.

Extensions: If good cause exists to extend this deadline, either party may submit a written request to the Investigator. The Registrar will review requests for extension and determine if the Directive should be extended.

Manner and method of performance: The Registrar does not provide specific instructions for how to correct poor work. A licensed contractor is expected to have the skill and professionalism to complete the work. Moreover, the complainant may not dictate the manner of repair. If the contractor fails to appropriately correct the work according to the contract, the Registrar will issue a citation.

Compliance Inspection: After the Written Directive expires, the Registrar’s Investigator will contact the complainant to determine if the contractor performed any corrective work. ● If the contractor did corrective work, the Investigator may schedule a Compliance Inspection to determine if the poor work is corrected. ● If the contractor did not perform any corrective work, the Registrar’s Investigator will not do a Compliance Inspection and will determine whether to issue a citation based on the administrative record.

Work performed after the directive ends: After the Directive period ends, a property owner may choose to allow the contractor to continue its work. The Registrar encourages parties to work cooperatively, but cannot 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C008 05/21 Douglas A. Ducey, Governor Jeffrey L. Fleetham, Director

require a homeowner to continue to allow a contractor access to the property after the Directive period ends in order for the administrative process to continue. Denying access after the Directive ends is not grounds to close or dismiss a complaint.

Complainant Attorney: Matt Levine 8377 E Hartford Drive Scottsdale, AZ 85255

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C008 05/21 Jobsite Inspection Photos 1 Case No: 2022-08545 Investigator: Albert Bernal #214 Inspection Date: 10/26/2022 Inspection Time: 9:30 AM Address: 8989 Gainey Circle Drive 202, Scottsdale AZ 85258

Front of residence Jobsite Inspection Photos 2 Case No: 2022-08545 Investigator: Albert Bernal #214 Inspection Date: 10/26/2022 Inspection Time: 9:30 AM Address: 8989 Gainey Circle Drive 202, Scottsdale AZ 85258

Glass door and fixed glass panel hit each other door won’t close –hallway bathroom Jobsite Inspection Photos 3 Case No: 2022-08545 Investigator: Albert Bernal #214 Inspection Date: 10/26/2022 Inspection Time: 9:30 AM Address: 8989 Gainey Circle Drive 202, Scottsdale AZ 85258

Glass door and fixed glass panel hit each other door won’t close – mater bathroom Jobsite Inspection Photos 4 Case No: 2022-08545 Investigator: Albert Bernal #214 Inspection Date: 10/26/2022 Inspection Time: 9:30 AM Address: 8989 Gainey Circle Drive 202, Scottsdale AZ 85258

Paint imperfections master bedroom by entrance. Jobsite Inspection Photos 5 Case No: 2022-08545 Investigator: Albert Bernal #214 Inspection Date: 10/26/2022 Inspection Time: 9:30 AM Address: 8989 Gainey Circle Drive 202, Scottsdale AZ 85258

Paint imperfections master bedroom by entrance. Jobsite Inspection Photos 6 Case No: 2022-08545 Investigator: Albert Bernal #214 Inspection Date: 10/26/2022 Inspection Time: 9:30 AM Address: 8989 Gainey Circle Drive 202, Scottsdale AZ 85258

Sliding door 3rd bedroom. Sliding door 3rd bedroom. No issue at the time of JSI Jobsite Inspection Photos 7 Case No: 2022-08545 Investigator: Albert Bernal #214 Inspection Date: 10/26/2022 Inspection Time: 9:30 AM Address: 8989 Gainey Circle Drive 202, Scottsdale AZ 85258

Sliding door 3rd bedroom. No issue at the time of JSI . Jobsite Inspection Photos 8 Case No: 2022-08545 Investigator: Albert Bernal #214 Inspection Date: 10/26/2022 Inspection Time: 9:30 AM Address: 8989 Gainey Circle Drive 202, Scottsdale AZ 85258

Gap on floor plank (Hallway) Jobsite Inspection Photos 9 Case No: 2022-08545 Investigator: Albert Bernal #214 Inspection Date: 10/26/2022 Inspection Time: 9:30 AM Address: 8989 Gainey Circle Drive 202, Scottsdale AZ 85258

Gap on floor plank (Hallway) Jobsite Inspection Photos 10 Case No: 2022-08545 Investigator: Albert Bernal #214 Inspection Date: 10/26/2022 Inspection Time: 9:30 AM Address: 8989 Gainey Circle Drive 202, Scottsdale AZ 85258

Gap on floor plank (Hallway) Jobsite Inspection Photos 11 Case No: 2022-08545 Investigator: Albert Bernal #214 Inspection Date: 10/26/2022 Inspection Time: 9:30 AM Address: 8989 Gainey Circle Drive 202, Scottsdale AZ 85258

Lippage / gap on floor (hallway) Jobsite Inspection Photos 12 Case No: 2022-08545 Investigator: Albert Bernal #214 Inspection Date: 10/26/2022 Inspection Time: 9:30 AM Address: 8989 Gainey Circle Drive 202, Scottsdale AZ 85258

Lippage on floor plank (hallway) Jobsite Inspection Photos 13 Case No: 2022-08545 Investigator: Albert Bernal #214 Inspection Date: 10/26/2022 Inspection Time: 9:30 AM Address: 8989 Gainey Circle Drive 202, Scottsdale AZ 85258

Lippage / gap on floor (hallway) Jobsite Inspection Photos 14 Case No: 2022-08545 Investigator: Albert Bernal #214 Inspection Date: 10/26/2022 Inspection Time: 9:30 AM Address: 8989 Gainey Circle Drive 202, Scottsdale AZ 85258

Lippage / gap on floor (hallway) Jobsite Inspection Photos 15 Case No: 2022-08545 Investigator: Albert Bernal #214 Inspection Date: 10/26/2022 Inspection Time: 9:30 AM Address: 8989 Gainey Circle Drive 202, Scottsdale AZ 85258

Area where floor issues were present. Jobsite Inspection Photos 16 Case No: 2022-08545 Investigator: Albert Bernal #214 Inspection Date: 10/26/2022 Inspection Time: 9:30 AM Address: 8989 Gainey Circle Drive 202, Scottsdale AZ 85258

Gap under doorbell Jobsite Inspection Photos 17 Case No: 2022-08545 Investigator: Albert Bernal #214 Inspection Date: 10/26/2022 Inspection Time: 9:30 AM Address: 8989 Gainey Circle Drive 202, Scottsdale AZ 85258

Gap around fire sprinkler Douglas A. Ducey, Governor Jeffrey L. Fleetham, Director

Complainant: TERRY HUGHNER 4023 E McDowell Rd Phoenix, AZ 85008

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C009 04/21 Douglas A. Ducey, Governor Jeffrey L. Fleetham, Director

Respondent: Brantner Group LLC DBA: 10648 E Arabian Park Drive Scottsdale, AZ 85258

November 17, 2022

License No. ROC 305326

Re:Complaint No. 2022-08545

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

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 December 07/2022.

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 1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.

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

This means the license is suspended for lack of qualifying party, lack of bond, nonrenewal, Recovery Fund payout, or for any reason listed in A.R.S. § 32-1124(F).

Respondent is aware of the issue and agreed to correct it. Respondent shall correct by the appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards

Compliance Item: 2 - Hall Bathroom – Shower Door – will not close, needs adjusting Investigator’s Observation: I was shown the hall bathroom shower door and I noted that the door did not close. Top corners of the glass shower door and fixed panel appeared to overlap and hit each other not allowing the door to close. Respondent shall correct by appropriate means so the door can be operated as intended. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliance Item: 3 - Master Bathroom Shower Door – will not close properly – needs adjusting; Investigator’s Observation: I noted that the master bathroom door did not close. Top corners of the glass shower door and fixed panel appeared to overlap and hit each other not allowing the door to close. Respondent shall correct by appropriate means so the door can be operated as intended. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliance Item: 4 - The interior paint is poor at best, we paid extra to have all the walls flouted and made smooth to remove the texture and the sanding and paint in many areas are rough and not sanded or painted properly; Investigator’s Observation: I was shown two areas in the master bedroom entrance (left side wall by door, and right side corner wall by the door) where paint and texture application were not consistent with areas around it. Respondent is aware of the issue and agreed to correct it. Respondent shall correct by appropriate means Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliance Item: -7) Drywall gap under doorbell. Complaint item added at the JSI. Respondent agreed to inspect. Investigator’s Observation: I noted there was a gap under the doorbell on the hall way. Gap was readily visible. Respondent is aware of the issue and agreed to correct it. Respondent shall correct by appropriate means Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliance Item: -8) Drywall gap under around fire sprinkler on master bedroom closet.

Complaint item added at the JSI. Respondent agreed to inspect. Investigator’s Observation: I noted there was a gap around the fire sprinkler on master bedroom closet. Respondent is aware of the issue and agreed to correct it. Respondent shall correct by appropriate means Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:

Compliance Item: 5 - Sliding doors in third bedroom have had many problems and the contractor has attempted to correct the issue and it has been unsuccessful and now needs a door installation specialist Investigator’s Observation: It appeared this complaint item was corrected by the Respondent before this jobsite inspection. At time of inspection, no deficiency observed or demonstrated, however, the Respondent agreed to check the door mechanism and correct it if needed. Governing Rule: N/A

Compliance Item: -6) gap on master bedroom/bathroom ceiling vent. Complaint item added at the JSI. Respondent agreed to inspect.

Investigator’s Observation: Corrected by Respondent during Jobsite inspection. Governing Rule: N/A

Please direct all questions regarding this Directive to the undersigned Investigator.

Sincerely,

Albert Bernal Albert Bernal, Investigator (480) 493-7742 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

CC: Respondent Complainant

Complainant: TERRY HUGHNER 4023 E McDowell Rd Phoenix, AZ 85008

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C007 04/21 Douglas A. Ducey, Governor Jeffrey L. Fleetham, Director

Respondent: Brantner Group LLC DBA: 10648 E Arabian Park Drive Scottsdale, AZ 85258

November 29, 2022

Re: Complaint No. 2022-08545

Dear Complainant and Respondent:

After the initial filing of the complaint 2022-08545, the Complainant filed the attached amended complaint containing additional complaint items.

A jobsite inspection is re-scheduled December 7, 2022 at 11:30 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

COMPLAINANT: 1. Under A.R.S. § 32-1155(D)(1), the Respondent must be allowed, upon request, the opportunity to inspect the amended complaint items within fifteen (15) days of receiving this notice. If Respondent is not provided an opportunity to inspect the work within the fifteen (15) day time period, the Registrar may be prohibited from taking further action on the amended complaint items. 2. The Registrar may also be precluded from taking further action on the amended complaint items, if the work that is the subject of the amended complaint is subject to neglect, modification, or abnormal use. A.R.S. § 32-1155(D)(2) 3. You must provide safe access to any area to be inspected. If access to a roof or other elevated area is required, you must provide a means to safely access the area. Additionally, please secure any animals.

RESPONDENT: 1. Enclosed is a copy of the amended complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity inspect the work complained of within fifteen days of the date of receipt of this notice. 2. To assist the assigned investigator in evaluating the merits of the amended complaint, please submit a response to the enclosed complaint to the assigned investigator prior to the scheduled inspection. 3. If you do not attend the jobsite inspection, your absence may negatively impact the investigation, and your interests. 4. If a building permit(s) was required for this project, please have the building permit information available at the jobsite inspection.

If either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C007 04/21 Douglas A. Ducey, Governor Jeffrey L. Fleetham, Director

If the parties resolve the complaint prior to the inspection, please notify the assigned investigator in writing and by phone as soon as possible.

Sincerely,

Albert Bernal Albert Bernal, Investigator (480) 493-7742 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

CC: Respondent Complainant Complainant Attorney

Complainant Attorney: Matt Levine 8377 E Hartford Drive Scottsdale, AZ 85255

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C007 04/21 Compliance Inspection Photos 1 Case No. 2022-08545 Investigator: Albert Bernal # 214 Inspection Date: 12/7/2022 Inspection Time: 11:30AM

Front of residence Compliance Inspection Photos 2 Case No. 2022-08545 Investigator: Albert Bernal # 214 Inspection Date: 12/7/2022 Inspection Time: 11:30AM

Gap - daylight coming through Compliance Inspection Photos 3 Case No. 2022-08545 Investigator: Albert Bernal # 214 Inspection Date: 12/7/2022 Inspection Time: 11:30AM

Gap when door is close. Compliance Inspection Photos 4 Case No. 2022-08545 Investigator: Albert Bernal # 214 Inspection Date: 12/7/2022 Inspection Time: 11:30AM

Door will come of guide when pulling into close position ( third room) Compliance Inspection Photos 5 Case No. 2022-08545 Investigator: Albert Bernal # 214 Inspection Date: 12/7/2022 Inspection Time: 11:30AM

Door will come of guide when pulling into close position (third room) Compliance Inspection Photos 6 Case No. 2022-08545 Investigator: Albert Bernal # 214 Inspection Date: 12/7/2022 Inspection Time: 11:30AM

Door will come of guide when pulling into close position (third room) Compliance Inspection Photos 7 Case No. 2022-08545 Investigator: Albert Bernal # 214 Inspection Date: 12/7/2022 Inspection Time: 11:30AM

Gap between sliding door and door opening. Compliance Inspection Photos 8 Case No. 2022-08545 Investigator: Albert Bernal # 214 Inspection Date: 12/7/2022 Inspection Time: 11:30AM

Door opening frame is level. Compliance Inspection Photos 9 Case No. 2022-08545 Investigator: Albert Bernal # 214 Inspection Date: 12/7/2022 Inspection Time: 11:30AM

Gap between door and door opening frame Douglas A. Ducey, Governor Jeffrey L. Fleetham, Director

Complainant: TERRY HUGHNER 4023 E McDowell Rd Phoenix, AZ 85008

Respondent: Brantner Group LLC DBA: 10648 E Arabian Park Drive Scottsdale, AZ 85258

December 16, 2022

License No. ROC 305326

Re:Complaint No. 2022-08545

WRITTEN DIRECTIVE FROM THE REGISTRAR Addendum

Dear Respondent:

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

* This is an addendum for issued Written Directive dated November 17, 2022

This means the license is suspended for lack of qualifying party, lack of bond, nonrenewal, Recovery Fund payout, or for any reason listed in A.R.S. § 32-1124(F).

Investigator’s Observation: I noted that the sliding doors in the third bedroom did not functioned as intended. Doors will come off the guides easily when light pulling pressure was applied while trying to close doors in place. I observed that the door opening on the right side was bowed creating a gap between the door and the door opening readily noticeable when door was fully closed. Respondent is aware of the issue and agreed to correct it. Respondent shall 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.

Compliance Item: 2) Addendum item- Multi-side operable door has a gap between door and door jam. Door hits threshold making it difficult to operate. Investigator’s Observation: I observed daylight coming through a gap in between the door and the door jamb (from top to bottom). I noted that the door was hitting and sticking on the threshold making it difficult to operate. Respondent is aware of the issue and agreed to correct it. Respondent shall 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.

ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:

N/A

Please direct all questions regarding this Directive to the undersigned Investigator.

Sincerely,

Albert Bernal Albert Bernal, Investigator (480) 493-7742 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

CC: Respondent Complainant

Complainant Attorney: Matt Levine 8377 E Hartford Drive Scottsdale, AZ 85255

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C009 04/21 1/13/23, 2:38 PM State of Arizona Mail - Hughner Res - ROC 2022-08545

Lazaro Bernal <[email redacted]>

Hughner Res - ROC 2022-08545 message

David Brantner <[email redacted]> Mon, Jan 9, 2023 at 9:59 AM To: Albert Bernal <[email redacted]> Cc: Renee Hughner <[email redacted]>, "[email redacted]" <[email redacted]>, Terry Hughner <[email redacted]>

Albert:

Please see attached letter for update on repairs and extension request

Let me know if you have any questions, etc.

Best Regards,

David E. Brantner Brantner Group, LLC (602) 550-4399 General Contractor – ROC License 305326 Development – New Construction – Remodeling Project Management & Consulting Services Real Estate Services Avanti Residential, LLC Buying – Selling – Investment Owner & Designated Broker [email redacted] www.brantnergroup.com

https://mail.google.com/mail/u/0/?ik=20fc683d77&view=pt&search=all&permthid=thread-f%3A1754565016184128247%7Cmsg-f%3A1754565016184… 1/2 1/13/23, 2:38 PM State of Arizona Mail - Hughner Res - ROC 2022-08545

Hughner Res - ROC 2022-08545 Response dated 1.9.2023.pdf 109K

https://mail.google.com/mail/u/0/?ik=20fc683d77&view=pt&search=all&permthid=thread-f%3A1754565016184128247%7Cmsg-f%3A1754565016184… 2/2 10648 E. Arabian Park Drive Scottsdale, AZ 85258 (602) 550-4399 Phone www.brantnergroup.com ROC License 305326

February 27, 2023

TO: Albert Bernal - Register of Contractors

RE: ROC #2022-08545 Hughner Residence - 8989 N Gainey Center Drive #202 Scottsdale, AZ 85258

Dear Mr. Bernal:

Regarding the vinyl floor repairs, I just spoke with Larry Nelson from Yes Flooring. He has been working with the homeowners and distributor (Tri-west) for a solution.

We are requesting the directive be extended to March 15, 2023. Updates will be provided accordingly.

Follow-up to the homeowner email dated February 8, 2023, regarding the comments made by the service technician from Panoramic Doors. I spoke with the technician Jason (682) 712-4645 since his visit: 1) He removed a factory installed bolt which was causing the swing door drop and go out of adjustment. 2) The bottom track is within tolerance and not causing any issues with the door operation.

Please do not hesitate to contact me if you have any additional questions at 602-550-4399 or email [email redacted].

Sincerely,

David E. Brantner Manager/Owner Complainant: TERRY HUGHNER 4023 E McDowell Rd Phoenix, AZ 85008

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 Respondent: Brantner Group LLC DBA: 10648 E Arabian Park Drive Scottsdale, AZ 85258

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 June 30, 2023

Compliance Jobsite Inspection Notice Re: Complaint No. 2022-08545

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for July 6, 2023 at 10:30 AM to determine the current status of the items listed on the issued Directive.

The Complainant is required to be present for this inspection. The Respondent is encouraged to be present but is not required to attend.

Complainant: SAFE ACCESS IS REQUIRED TO ANY AREA TO BE INSPECTED.

Sincerely,

Albert Bernal Albert Bernal, Investigator [number redacted] [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

CC: Respondent Complainant

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 Complainant Attorney: Matt Levine 8377 E Hartford Drive Scottsdale, AZ 85255

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 Complainant: TERRY HUGHNER 4023 E McDowell Rd Phoenix, AZ 85008

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Respondent: Brantner Group LLC DBA: 10648 E Arabian Park Drive Scottsdale, AZ 85258

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Case No.: 2022-08545 Investigator: Albert Bernal Inspection Date: July 6, 2023 Inspection Time: 10:30 AM

Compliance Jobsite General Notes: Present at this CJSI was Larry Nelson from Yes flooring (Distributor). Also present for the ROC was Inv. Aaron King

Compliance Findings:

Compliance Item: 1 - Flooring was installed incorrectly and needs to be replaced - I obtained two independent inspector evaluations and their findings are the floor needs to be replaced; Investigator’s Observation: I was shown several floor areas throughout the residence and I noted that various floor planks had lippage and gaps at the joints. Gaps and lippage present on floor planks inspected were readily visible. These floor planks were located at the hallway /kitchen entrance area. Respondent is aware of the issue and agreed to correct it. Respondent shall correct by the appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards Incomplete: Gaps and peaking still present on several flooring planks throughout various areas of the residence.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Compliance Item: 3 - Master Bathroom Shower Door – will not close properly – needs adjusting; Investigator’s Observation: I noted that the master bathroom door did not close. Top corners of the glass shower door and fixed panel appeared to overlap and hit each other not allowing the door to close. Respondent shall correct by appropriate means so the door can be operated as intended. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards. Complete.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Complete.

Compliance Item: -8) Drywall gap under around fire sprinkler on master bedroom closet. Complaint item added at the JSI. Respondent agreed to inspect. Investigator’s Observation: I noted there was a gap around the fire sprinkler on master bedroom closet. Respondent is aware of the issue and agreed to correct it. Respondent shall correct by appropriate means Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards. Complete.

Compliance Item:1) Addendum item – Third Bedroom – sliding door corrections needed. As discussed, could we please schedule a re-inspection for the week of November 28th. As the door is not functioning properly and needs a door specialist to make the proper corrections? Investigator’s Observation: I noted that the sliding doors in the third bedroom did not functioned as intended. Doors will come off the guides easily when light pulling pressure was applied while trying to close doors in place. I observed that the door opening on the right side was bowed creating a gap between the door and the door opening readily noticeable when door was fully closed. Respondent is aware of the issue and agreed to correct it. Respondent shall 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 Complete: Complaint item not inspected. Complainant accepted item conditions at the time of this CJSI.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Compliance Item: 2) Addendum item- Multi-side operable door has a gap between door and door jam. Door hits threshold making it difficult to operate. Investigator’s Observation: I observed daylight coming through a gap in between the door and the door jamb (from top to bottom). I noted that the door was hitting and sticking on the threshold making it difficult to operate. Respondent is aware of the issue and agreed to correct it. Respondent shall 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. Incomplete: Door hits door jamb (hinged side) making a clunking noise when opening and /or closing making it difficult to operate. A readily visible indentation was noted inside the door jamb as well. (Hinged side)

Note:

Please review the complaint items listed above. If any of the items have not been corrected at the time of the compliance inspection this complaint will be forwarded to the Registrar’s legal department and a citation may be issued.

If all items are corrected after receipt of this letter, please notify the Registrar’s legal department by sending a notice of compliance signed by the complainant to fax number (602) 364-0416 or by mail to: Arizona Registrar of Contractors, P.O. Box 18244, Phoenix, Arizona 85005-8244. Sincerely,

Albert Bernal Albert Bernal, Investigator [number redacted] [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

CC: Respondent Complainant

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Complainant Attorney: Matt Levine 8377 E Hartford Drive Scottsdale, AZ 85255

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Compliance Jobsite inspections Photos 1 Case No: 2022-08545 Investigator: Albert Bernal #214 Inspection Date: 7/6/2023 Inspection Time: 10:30 AM Address: 8989 E Gainey Center Dr #202 Scottsdale, AZ 85258, USA

Front of residence Compliance Jobsite inspections Photos 2 Case No: 2022-08545 Investigator: Albert Bernal #214 Inspection Date: 7/6/2023 Inspection Time: 10:30 AM Address: 8989 E Gainey Center Dr #202 Scottsdale, AZ 85258, USA

Drywall under doorbell (Corrected) Compliance Jobsite inspections Photos 3 Case No: 2022-08545 Investigator: Albert Bernal #214 Inspection Date: 7/6/2023 Inspection Time: 10:30 AM Address: 8989 E Gainey Center Dr #202 Scottsdale, AZ 85258, USA

Drywall around fire sprinkler (Corrected) Compliance Jobsite inspections Photos 4 Case No: 2022-08545 Investigator: Albert Bernal #214 Inspection Date: 7/6/2023 Inspection Time: 10:30 AM Address: 8989 E Gainey Center Dr #202 Scottsdale, AZ 85258, USA

Bathroom glass shower door (corrected) Compliance Jobsite inspections Photos 5 Case No: 2022-08545 Investigator: Albert Bernal #214 Inspection Date: 7/6/2023 Inspection Time: 10:30 AM Address: 8989 E Gainey Center Dr #202 Scottsdale, AZ 85258, USA

Multi side back door indentation on door jamb. Compliance Jobsite inspections Photos 6 Case No: 2022-08545 Investigator: Albert Bernal #214 Inspection Date: 7/6/2023 Inspection Time: 10:30 AM Address: 8989 E Gainey Center Dr #202 Scottsdale, AZ 85258, USA

Multi side back door daylight coming through. Door pushes away from jamb when operating (closing or opening) Compliance Jobsite inspections Photos 7 Case No: 2022-08545 Investigator: Albert Bernal #214 Inspection Date: 7/6/2023 Inspection Time: 10:30 AM Address: 8989 E Gainey Center Dr #202 Scottsdale, AZ 85258, USA

Multi side back door daylight coming through. Door pushes away from jamb when operating (closing or opening) Compliance Jobsite inspections Photos 8 Case No: 2022-08545 Investigator: Albert Bernal #214 Inspection Date: 7/6/2023 Inspection Time: 10:30 AM Address: 8989 E Gainey Center Dr #202 Scottsdale, AZ 85258, USA

Peaking and gap between flooring planks. Compliance Jobsite inspections Photos 9 Case No: 2022-08545 Investigator: Albert Bernal #214 Inspection Date: 7/6/2023 Inspection Time: 10:30 AM Address: 8989 E Gainey Center Dr #202 Scottsdale, AZ 85258, USA

Peaking and gap between flooring planks. Compliance Jobsite inspections Photos 10 Case No: 2022-08545 Investigator: Albert Bernal #214 Inspection Date: 7/6/2023 Inspection Time: 10:30 AM Address: 8989 E Gainey Center Dr #202 Scottsdale, AZ 85258, USA

Lock / click system separating. Crack between flooring planks Compliance Jobsite inspections Photos 11 Case No: 2022-08545 Investigator: Albert Bernal #214 Inspection Date: 7/6/2023 Inspection Time: 10:30 AM Address: 8989 E Gainey Center Dr #202 Scottsdale, AZ 85258, USA

Peaking between flooring planks. (Crack on plank) Compliance Jobsite inspections Photos 12 Case No: 2022-08545 Investigator: Albert Bernal #214 Inspection Date: 7/6/2023 Inspection Time: 10:30 AM Address: 8989 E Gainey Center Dr #202 Scottsdale, AZ 85258, USA

Peaking between flooring planks Compliance Jobsite inspections Photos 13 Case No: 2022-08545 Investigator: Albert Bernal #214 Inspection Date: 7/6/2023 Inspection Time: 10:30 AM Address: 8989 E Gainey Center Dr #202 Scottsdale, AZ 85258, USA

Peaking between flooring planks Compliance Jobsite inspections Photos 14 Case No: 2022-08545 Investigator: Albert Bernal #214 Inspection Date: 7/6/2023 Inspection Time: 10:30 AM Address: 8989 E Gainey Center Dr #202 Scottsdale, AZ 85258, USA

Peaking between flooring planks REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Terry Hughner, Case No. 2022-08545 COMPLAINANT, v.

Brantner Group LLC, CITATION License No. ROC 305326,

RESPONDENT.

The Registrar issues this Citation to Brantner Group LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by July 28, 2023, then under A.R.S. § 32-1155(C), Respondent’s failure to answer may be deemed an admission of the act or acts charged in the underlying complaint, and the Registrar may then suspend or revoke Respondent’s license(s). THE WRITTEN COMPLAINT On September 27, 2022, Terry Hughner (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating: Charge :1 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

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1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Charge :2 A.R.S. § 32-1154(A)(22) Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a reasonable period of time after receiving a written directive from the Registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held. If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F). FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2022-08545. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, AZ 85007-2812 Mail: P.O. Box 18244, Phoenix, AZ 85005-8244 Email: [email redacted] The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the of 5

1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than July 28, 2023. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in

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1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. /// /// ///

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1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Dated July 13, 2023 By: /s/ Katelyn Rolling Katelyn Rolling Legal Assistant II Legal Department Arizona Registrar of Contractors

COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, July 13, 2023 to: Respondent Certified Mail No: [number redacted] Brantner Group LLC 10648 E Arabian Park Drive Scottsdale, AZ 85258

Copy mailed by USPS First Class Mail this same date to: Respondent Brantner Group LLC 10648 E Arabian Park Drive Scottsdale, AZ 85258 Complainant Terry Hughner 4023 E McDowell Rd Phoenix, AZ 85008 Complainant’s Attorney Matthew Levine, Esq. Axiom Advice & Counsel LLC 2850 E Camelback Rd Ste 245 Phoenix, AZ 85016 Copy sent electronically this same date to: Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar Complainant’s Attorney at email address of record with Registrar Case No. 2022-08545 of 5

1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Mediation Notice

Mediation Services Mediation services are available to the parties. What is Mediation? Mediation is a method of resolving disputes where the parties can end conflict without the expense and time associated with the full administrative process. Who Participates in During mediation, a mediator will attempt to help the Mediation? parties find an optimal solution to the conflict. Both parties must agree to participate in mediation, and both parties must bring a representative to mediation that has full authority to settle the entire matter. Mediation Is Not Neither the Registrar nor the Office of Administrative Mandatory Hearings will penalize a party for not agreeing to mediation. Where do the Parties The parties will meet at the Office of Administrative Meet for Mediation? Hearings to participate in mediation. The Office of Administrative Hearings is located at 1740 W Adams St., Lower Level, Phoenix, Arizona 85007. When does Mediation can occur after the Registrar issues a citation, but Mediation Occur? before the administrative hearing. Why Should Parties Mediation can be an alternative to the full administrative Consider Mediation? process. Mediation is beneficial because it is (1) time- efficient, (2) cost-effective, (3) confidential, and (4) capable of providing flexible solutions to complex problems. How to Request If the parties wish to mediate this case, they must file a Joint Mediation Request for Mediation with the Office of Administrative Hearings. A Joint Request for Mediation is included with this Mediation Notice. REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA _________________________ Case No. _______________ COMPLAINANT,

v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.

REQUEST

The parties jointly request that this matter be referred to mediation in the Office of Administrative Hearings (OAH). ☐ This matter is set for hearing on __________________(date). ☐ This matter is not currently set for hearing. MEDIATION AGREEMENT By requesting this mediation and signing below, the parties understand, represent, and agree: 1. The parties are prepared to commence mediation and will be ready for mediation on _____________________(date); 2. The parties will participate in the mediation process in good faith; 3. This request for mediation is not intended to hinder or delay administrative proceedings; 4. No party will contend that the mediation limits the power of OAH and its administrative law judges to conduct an administrative hearing and issue decisions under A.R.S. §§ 41-1092 – 1092.12; 5. The parties will be courteous and respectful throughout the mediation process to all participants; 6. The mediation is completely voluntary and the principal purpose is to allow the parties a full and fair opportunity to discuss settlement; of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 7. The mediator may conduct joint and separate meetings with the parties and may suggest resolutions to the parties’ dispute, but the mediator has no authority to impose a settlement upon the parties; 8. The mediation process is confidential. Communications made, material created for or used during, and acts occurring during mediation are confidential and may not be discovered or admitted into evidence in any proceeding except as provided by A.R.S. § 12-2238; 9. The mediator is not subject to service of process or a subpoena to produce evidence or to testify regarding any evidence or occurrence relating to the mediation except as provided in A.R.S. § 12-2238(C); 10. Neither the mediator, nor the Registrar of Contractors, nor the Office of Administrative Hearings is subject to civil liability for any act or omission in connection with any mediation service or activity except for acts involving

intentional misconduct or reckless disregard of a substantial risk of injury to the rights of others; 11. Throughout the mediation process, each party must have a representative present who will have full settlement authority to settle all claims at issue in the administrative

proceeding. 12. The mediation process will terminate when: a. The parties reach settlement; b. The mediator determines that further efforts at mediation are no longer likely

to achieve a settlement; or c. One of the parties withdraws from mediation. _____________________________________ _______________________ Complainant (or representative) Date

_____________________________________ _______________________ Respondent (or representative) Date

of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 ARIZONA REGISTRAR OF CONTRACTORS

Douglas A. Ducey, Governor Jeff Fleetham , Director

Form REQUEST TO CLOSE CASE RC-Lg-701A

Instructions Complete this form to request that the Registrar close a case where the Registrar previously issued a citation. Before the Registrar issues an order closing a case that resulted in citation, both parties must agree to the closure. After consideration, the Registrar may approve the request.

If both parties do not demonstrate their willingness for the Registrar to issue an Order of Closing by completing this form, then the matter will continue to proceed to administrative resolution. This means that, if not already done so:

The Respondent will be required to: 1. Submit a written answer as directed by the Citation and required under A.R.S. § 32-1155(A). o Failure to timely submit an answer may result in the admission of the allegations contained within the citation. A.R.S. § 32-1155(B); and 2. Request a settlement conference under A.R.S. §41-1092.06, if desired.

The Complainant will be required to establish, before the administrative law judge, the merits of their claim.

A. CASE INFORMATION 1. Case Number 2. Complainant 3. Respondent

B. PARTIES ACKNOWLEDGMENT & SIGNATURE Complainant acknowledges that by signing and submitting this Request to Close Case, if the Registrar grants this request: 1. The Registrar may decline to reopen this case; and 2. Complainant’s future remedies, if any, may be limited to another forum. Respondent acknowledges that by signing and submitting this Request to Close Case, if the Registrar grants this request: 1. Respondent’s license record will have a “Closed Case” designation associated with this case; and 2. This case will appear on the Respondent’s public license record available through the Registrar of Contractors’ website as a “Resolved/Settled/Withdrawn” case for a period of seven years.

_____________________ _____________________ ______________ Complainant’s Name Complainant’s Signature Date

_____________________ _____________________ ______________ Respondent’s Name Respondent’s Signature Date

1700 W. Washington Street, Suite 105 ● Phoenix AZ 85007-2812 602.542.1525 ● Within AZ 877.692.9762 ● Fax 602.542.1599 ● www.roc.az.gov

Form RC-Lg-701A Request to Close Case Rev 1/18/2019 Page 1 of 1 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

Person Filing Complaint Full Name (First Middle Last) Business Name (if a licensed contractor or supplier) ROC License Number(s) (if any)

TERRY HUGHNER Mailing Address (Enter jobsite in Contract/Project section) City State Zip

4023 E McDowell Rd Phoenix Arizona 85008 Phone Number Email

[number redacted] [email redacted] I consent to receive communications electronically in connection with this case Name of Attorney (if any)

Matt Levine Street Address of Attorney City State Zip

8377 East Hartford Drive Scottsdale Arizona 85255 Phone Number of Attorney Email of Attorney

480-483-9600 [email redacted] Contractor Information Name (as shown on contract/invoice) ROC License Number(s)

Brantner Group LLC ROC 305326 Street Address City State Zip

10648 E Arabian Park Drive Scottsdale AZ 85258 Phone Number Email

(602) 550-4399 [email redacted] Name of Person(s) Representing License

David Brantner Contract/Project Information Contract Date Contract Amount Amount Paid

December 7, 2020 $152,747.00 $171,923.00 Date Work Started Date Work Stopped Date Work Was Completed

December 10, 2020 January 1, 2022 January 1, 2022 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

8989 Gainey Circle Drive Scottsdale AZ 85258 Name of Construction Site Owner Construction Site Name (if applicable)

Terry & Renee Hughner Phone Number of Construction Site Owner Email of Construction Site Owner

This complaint is for Poor Work I have contacted the contractor by Phone/Text;Email Have you filed a complaint in court? No

RCC099 12/05/18 Page 1 of 2 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

Has any work been corrected? No

The contract was Written All change orders were Oral This project was Residential This project involved Remodel

A building permit was obtained by Contractor 266204 Scottsdale List and briefly describe each complaint item (Please do not write "see attached" or use additional pages unless necessary to further describe issues or list more complaint items) (limited to 100 characters per line)

Flooring was installed incorrectly and needs to be replaced - I obtained two independent inspector evaluations and their findings are the floor needs to be replaced; Hall Bathroom – Shower Door – will not close, needs adjusting ; Master Bathroom Shower Door – will not close properly – needs adjusting ; The interior paint is poor at best, we paid extra to have all the walls flouted and made smooth to remove the texture and the sanding and paint in many areas are rough and not sanded or painted properly; Sliding doors in third bedroom have had many problems and the contractor has attempted to correct the issue and it has been unsuccessful and now needs a door installation specialist

Signature I declare under penalty of perjury that the information and documents contained on this Complaint Form, included with this complaint, or hereafter submitted in support of this complaint are true and accurate to the best of my knowledge. I will assist in the investigation or in the prosecution of the contractor or other parties, and will, if necessary, attend hearings and testify to facts. Printed Name Signature Date

TERRY HUGHNER \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 Terry Hughner 8989 N. Gainey Circle Drive Unit #202 Scottsdale, AZ 85258

Project Scope - Interior Remodel PRELIMINARY - FIXED FEE BUDGET Prepare by Brantner Group, LLC November 15, 2020 602.550.4399 8.60% 0% [email redacted] Material Sales Tax Labor Sub Total GP Total

BUILDING PERMIT & CONSULTANTS $0 $ - $ - $ - $ - $ - $ - Building Permit Fee - ALLOWANCE $3,000 $ - $ - $ 3,000 $ 3,000 $ - $ 3,000 Structural Engineer - ALLOWANCE $1,800 $ - $ - $ 1,800 $ 1,800 $ - $ 1,800 $0 $ - $ - $ - $ - $ - $ - DEMOLITION AND DEBRIS REMOVAL $0 $ - $ - $ - $ - $ - $ - Haul off trash $543 $ 500 $ 43 $ 543 $ - $ 543 Remove all floor tile and carpet $5,973 $ 5,500 $ 473 $ - $ 5,973 $ - $ 5,973 Remove all baseboards $0 $ - $ - $ - $ - $ - $ - Remove kitchen cabinets and countertops $0 $ - $ - $ - $ - $ - $ - Remove hall bathroom cabinets, tops, tub, tub surrounds, toilet, mirror, light bar $0 $ - $ - $ - $ - $ - $ - Remove hall linen cabinet face frame $0 $ - $ - $ - $ - $ - $ - NOTE: Laundry room cabinets to remain $0 $ - $ - $ - $ - $ - $ - Remove kitchen drop soffit(s) $0 $ - $ - $ - $ - $ - $ - Remove fireplace surrounds $0 $ - $ - $ - $ - $ - $ - Remove and store master shower glass surround $0 $ - $ - $ - $ - $ - $ - Remove and store master tub $0 $ - $ - $ - $ - $ - $ - Remove master shower floor tile and bench $0 $ - $ - $ - $ - $ - $ - NOTE: Master shower wall tile to remain in place $0 $ - $ - $ - $ - $ - $ - TBD - APPLIANCES $0 $ - $ - $ - $ - $ - $ - HOMEOWNER INITIAL_____________ $0 $ - $ - $ - $ - $ - $ - $0 $ - $ - $ - $ - $ - $ - FRAMING $0 $ - $ - $ - $ - $ - $ - Frame walls for new office with pair 2468 (or 8') pocket doors $5,715 $ 2,500 $ 215 $ 3,000 $ 5,715 $ - $ 5,715 Framing per structural engineer to remove post at kitchen $0 $ - $ - $ - $ - $ - $ - Framing per structural engineer to add GLB at exterior SGD's $0 $ - $ - $ - $ - $ - $ - TBD - Framing modifications at fireplace $0 $ - $ - $ - $ - $ - $ - $0 $ - $ - $ - $ - $ - $ - FIREPLACE SURROUND $0 $ - $ - $ - $ - $ - $ - Design TBD $4,344 $ 4,000 $ 344 $ - $ 4,344 $ - $ 4,344 $0 $ - $ - $ - $ - $ - $ - WINDOWS $0 $ - $ - $ - $ - $ - $ - (2) New SGD - Verify Size $4,344 $ 4,000 $ 344 $ - $ 4,344 $ - $ 4,344 Install $400 $ - $ - $ 400 $ 400 $ - $ 400 $0 $ - $ - $ - $ - $ - $ -

Confidential 11/15/2020 Page 1 HVAC $0 $ - $ - $ - $ - $ - $ - Relocate (2) supply registers at new office $0 $ - $ - $ - $ - $ - $ - TBD - Exhaust cooktop vent to exterior $0 $ - $ - $ - $ - $ - $ - TBD - Replace existing exhaust fans at master bath and hall bathroom $0 $ - $ - $ - $ - $ - $ - NOTE: ALL HVAC work by others and NOT included with estimate $0 $ - $ - $ - $ - $ - $ - HOMEOWNER INITIAL_____________ $0 $ - $ - $ - $ - $ - $ - $0 $ - $ - $ - $ - $ - $ - $0 $ - $ - $ - $ - $ - $ - ROOFING $0 $ - $ - $ - $ - $ - $ - N/A $0 $ - $ - $ - $ - $ - $ - $0 $ - $ - $ - $ - $ - $ - FIRE SUPPRESSION SYSTEM $0 $ - $ - $ - $ - $ - $ - Add and/or relocate heads as needed $380 $ 350 $ 30 $ - $ 380 $ - $ 380 $0 $ - $ - $ - $ - $ - $ - PLUMBING $0 $ - $ - $ - $ - $ - $ - Fixture Allowances $0 $ - $ - $ - $ - $ - $ - Selections from Studio 41 - TBD $0 $ - $ - $ - $ - $ - $ - Kitchen Sink $0 $ - $ - $ - $ - $ - $ - UM Sink $434 $ 400 $ 34 $ - $ 434 $ - $ 434 Faucet $706 $ 650 $ 56 $ - $ 706 $ - $ 706 Air Switch $130 $ 120 $ 10 $ - $ 130 $ - $ 130 Strainer & disposal flange $71 $ 65 $ 6 $ - $ 71 $ - $ 71 3/4 HP garbage disposal $304 $ 280 $ 24 $ - $ 304 $ - $ 304 Master Bathroom $0 $ - $ - $ - $ - $ - $ - (1) Toilet $348 $ 320 $ 28 $ - $ 348 $ - $ 348 Bathroom # with shower $0 $ - $ - $ - $ - $ - $ - (1) UM sinks $152 $ 140 $ 12 $ - $ 152 $ - $ 152 (1) Faucets $489 $ 450 $ 39 $ - $ 489 $ - $ 489 (1) Toilet $348 $ 320 $ 28 $ - $ 348 $ - $ 348 Shower valve/Trim $652 $ 600 $ 52 $ - $ 652 $ - $ 652 Labor and Material $0 $ - $ - $ - $ - $ - $ - Labor and material for rough-in and trim for above including new angle stops and supply lines $1,426 $ 300 $ 26 $ 1,100 $ 1,426 $ - $ 1,426 $0 $ - $ - $ - $ - $ - $ - LOW VOLTAGE - HOME AUTOMATION - SECURITY SYSTEM - LED Lighting $0 $ - $ - $ - $ - $ - $ - Allowance $326 $ 300 $ 26 $ - $ 326 $ - $ 326 $0 $ - $ - $ - $ - $ - $ - ELECTRICAL $0 $ - $ - $ - $ - $ - $ - Light Fixture Allowances $0 $ - $ - $ - $ - $ - $ - Kitchen $0 $ - $ - $ - $ - $ - $ - (3) Pendant lights $652 $ 600 $ 52 $ - $ 652 $ - $ 652 Master Bathroom $0 $ - $ - $ - $ - $ - $ - (2) Fixture Allowances $434 $ 400 $ 34 $ - $ 434 $ - $ 434 Bathroom #2 $0 $ - $ - $ - $ - $ - $ - (1) Sconces/Fixtures $217 $ 200 $ 17 $ - $ 217 $ - $ 217 Entry Foyer $0 $ - $ - $ - $ - $ - $ - Chandelier $326 $ 300 $ 26 $ - $ 326 $ - $ 326 Dining Room $0 $ - $ - $ - $ - $ - $ - Chandelier $869 $ 800 $ 69 $ - $ 869 $ - $ 869 Ceiling Fans $0 $ - $ - $ - $ - $ - $ - TBD $0 $ - $ - $ - $ - $ - $ -

Confidential 11/15/2020 Page 2 $0 $ - $ - $ - $ - $ - $ - Lighting/RCP $3,149 $ 2,900 $ 249 $ - $ 3,149 $ - $ 3,149 (32) 4" Recessed can lights with dimmable LED all-in one trim $0 $ - $ - $ - $ - $ - $ - Add dimmers to all recessed can lighting $0 $ - $ - $ - $ - $ - $ - LED under cabinet tape lighting at kitchen $326 $ 300 $ 26 $ - $ 326 $ - $ 326 All work per City of Scottsdale code requirements $0 $ - $ - $ - $ - $ - $ - Labor and Material $3,000 $ - $ - $ 3,000 $ 3,000 $ - $ 3,000 HOMEOWNER INITIAL_____________ $0 $ - $ - $ - $ - $ - $ - $0 $ - $ - $ - $ - $ - $ - STUCCO $0 $ - $ - $ - $ - $ - $ - Repair stucco as needed at patio SGD $600 $ - $ - $ 600 $ 600 $ - $ 600 $0 $ - $ - $ - $ - $ - $ - INSULATION $0 $ - $ - $ - $ - $ - $ - Replace as needed due to modifications $109 $ 100 $ 9 $ - $ 109 $ - $ 109 HOMEOWNER INITIAL_____________ $0 $ - $ - $ - $ - $ - $ - $0 $ - $ - $ - $ - $ - $ - DRYWALL $0 $ - $ - $ - $ - $ - $ - Hang, tape and texture drywall in new and existing areas. Texture to match existing $3,152 $ 600 $ 52 $ 2,500 $ 3,152 $ - $ 3,152 Apply Santa Fe (90/10) drywall finish to all existing areas EXCEPT garage $6,000 $ - $ - $ 6,000 $ 6,000 $ - $ 6,000 $0 $ - $ - $ - $ - $ - $ - PAINT $0 $ - $ - $ - $ - $ - $ - Prep and paint new doors, jambs and baseboards. Two-tone interior paint scheme: Wall Color: TBD Ceilings, doors, jams and baseboard color: TBD $5,349 $ 4,925 $ 424 $ - $ 5,349 $ - $ 5,349 Exterior - Paint stucco repair at patio SGF $434 $ 400 $ 34 $ - $ 434 $ - $ 434 $0 $ - $ - $ - $ - $ - $ - FRONT DOOR $0 $ - $ - $ - $ - $ - $ - N/A $0 $ - $ - $ - $ - $ - $ - $0 $ - $ - $ - $ - $ - $ - TRIM CARPENTRY & DOOR HARDWARE $0 $ - $ - $ - $ - $ - $ - Existing interior doors and hardware remain $0 $ - $ - $ - $ - $ - $ - New Interior baseboards: 5 1/4" Paint Grade MDF smooth S4S $1,691 $ 650 $ 56 $ 985 $ 1,691 $ - $ 1,691 New pocket doors at office (size TBD) $952 $ 600 $ 52 $ 300 $ 952 $ - $ 952 $0 $ - $ - $ - $ - $ - $ - $0 $ - $ - $ - $ - $ - $ - CABINET ALLOWANCES $0 $ - $ - $ - $ - $ - $ - Per preliminary designs by Sara Wolf at Studio 41 - TBD $0 $ - $ - $ - $ - $ - $ - Kitchen $0 $ - $ - $ - $ - $ - $ - ALLOWANCE $21,720 $ 20,000 $ 1,720 $ - $ 21,720 $ - $ 21,720 Laundry Room $0 $ - $ - $ - $ - $ - $ - No change $0 $ - $ - $ - $ - $ - $ - Master Bathroom $0 $ - $ - $ - $ - $ - $ - No Change $0 $ - $ - $ - $ - $ - $ - Bathroom #2 & Hallway Linen Face Frame $0 $ - $ - $ - $ - $ - $ - ALLOWANCE $4,344 $ 4,000 $ 344 $ - $ 4,344 $ - $ 4,344 Cabinet next to fireplace for media storage $0 $ - $ - $ - $ - $ - $ - ALLOWANCE $2,172 $ 2,000 $ 172 $ - $ 2,172 $ - $ 2,172 Miscellaneous $0 $ - $ - $ - $ - $ - $ - Cabinet Hardware - Material ALLOWANCE $543 $ 500 $ 43 $ - $ 543 $ - $ 543 Cabinet Install including hardware $3,500 $ - $ - $ 3,500 $ 3,500 $ - $ 3,500 $0 $ - $ - $ - $ - $ - $ -

Confidential 11/15/2020 Page 3 COUNTERTOPS ALLOWANCES (includes material, fabrication and install) $0 $ - $ - $ - $ - $ - $ - Kitchen $0 $ - $ - $ - $ - $ - $ - ALLOWANCE $8,145 $ 7,500 $ 645 $ - $ 8,145 $ - $ 8,145 Laundry Room $0 $ - $ - $ - $ - $ - $ - N/A $0 $ - $ - $ - $ - $ - $ - Master Bathroom - shower bench & side $0 $ - $ - $ - $ - $ - $ - ALLOWANCE $760 $ 700 $ 60 $ - $ 760 $ - $ 760 Bathroom #2 $0 $ - $ - $ - $ - $ - $ - ALLOWANCE $1,955 $ 1,800 $ 155 $ - $ 1,955 $ - $ 1,955 $0 $ - $ - $ - $ - $ - $ - APPLIANCES $0 $ - $ - $ - $ - $ - $ - TBD - Reuse existing $0 $ - $ - $ - $ - $ - $ - Sub - Zero $0 $ - $ - $ - $ - $ - $ - Microwave $0 $ - $ - $ - $ - $ - $ - Oven $0 $ - $ - $ - $ - $ - $ - Dishwasher $0 $ - $ - $ - $ - $ - $ - $0 $ - $ - $ - $ - $ - $ - New Appliances $0 $ - $ - $ - $ - $ - $ - Hood Vent $977 $ 900 $ 77 $ - $ 977 $ - $ 977 Deliver & Install appliances including hood liner $400 $ - $ - $ 400 $ 400 $ - $ 400 $0 $ - $ - $ - $ - $ - $ - FLOORING $0 $ - $ - $ - $ - $ - $ - $0 $ - $ - $ - $ - $ - $ - Tile Flooring $0 $ - $ - $ - $ - $ - $ - Material Allowance -1800 SF at $3.00 SF $5,864 $ 5,400 $ 464 $ - $ 5,864 $ - $ 5,864 TBD - Tile baseboard at wet areas $0 $ - $ - $ - $ - $ - $ - Install tile flooring at $3.75 SF $6,750 $ - $ - $ 6,750 $ 6,750 $ - $ 6,750 Steps (18) $0 $ - $ - $ - $ - $ - $ - Material Allowance - 200 SF @ 3.00 SF $652 $ 600 $ 52 $ - $ 652 $ - $ 652 Install $1,000 $ - $ - $ 1,000 $ 1,000 $ - $ 1,000 $0 $ - $ - $ - $ - $ - $ - NO Carpet $0 $ - $ - $ - $ - $ - $ - $0 $ - $ - $ - $ - $ - $ - NOTE: ALL quantities are estimated and will be adjusted upon field measurements including required waste prior to order. Any changes will require client approval prior to ordering. $0 $ - $ - $ - $ - $ - $ - HOMEOWNER INITIAL_____________ $0 $ - $ - $ - $ - $ - $ - $0 $ - $ - $ - $ - $ - $ - VERTICAL TILE $0 $ - $ - $ - $ - $ - $ - Kitchen Back Splash $0 $ - $ - $ - $ - $ - $ - Material Allowance $760 $ 700 $ 60 $ - $ 760 $ - $ 760 Install $500 $ - $ - $ 500 $ 500 $ - $ 500 Master Shower (with Curb) $0 $ - $ - $ - $ - $ - $ - Wall Tile - No Change $0 $ - $ - $ - $ - $ - $ - Shower Floor & Curb Material $543 $ 500 $ 43 $ - $ 543 $ - $ 543 Install $400 $ - $ - $ 400 $ 400 $ - $ 400 Bench - Granite top and side $150 $ - $ - $ 150 $ 150 $ - $ 150 Soap Niche $150 $ - $ - $ 150 $ 150 $ - $ 150

Confidential 11/15/2020 Page 4 Bathroom #2 Shower $0 $ - $ - $ - $ - $ - $ - Material Allowance: $977 $ 900 $ 77 $ - $ 977 $ - $ 977 Install Shower Floor $500 $ - $ - $ 500 $ 500 $ - $ 500 Install wall tile $1,155 $ - $ - $ 1,155 $ 1,155 $ - $ 1,155 $0 $ - $ - $ - $ - $ - $ - NOTE: ALL quantities are estimated and will be adjusted upon field measurements and required waste prior to order. Any changes will require client approval prior to ordering. $0 $ - $ - $ - $ - $ - $ - HOMEOWNER INITIAL_____________ $0 $ - $ - $ - $ - $ - $ - $0 $ - $ - $ - $ - $ - $ - BATH ACCESSORIES & SHOWER/GLASS ENCLOSURES $0 $ - $ - $ - $ - $ - $ - Master Bathroom $0 $ - $ - $ - $ - $ - $ - Re-install existing shower enclosure $250 $ - $ - $ 250 $ 250 $ - $ 250 Eased edge mirrors - Allowance $706 $ 650 $ 56 $ - $ 706 $ - $ 706 Bathroom #2 $0 $ - $ - $ - $ - $ - $ - Eased edge mirrors $434 $ 400 $ 34 $ - $ 434 $ - $ 434 3/8" clear glass shower enclosure with coating $1,250 $ - $ - $ 1,250 $ 1,250 $ - $ 1,250 Towel bars, toilet paper holders, etc. per preliminary selections from Studio 41 TBD $634 $ 400 $ 34 $ 200 $ 634 $ - $ 634 HOMEOWNER INITIAL_____________ $0 $ - $ - $ - $ - $ - $ - $0 $ - $ - $ - $ - $ - $ - MISCELLANEOUS ITEMS $0 $ - $ - $ - $ - $ - $ - Rough and Final Construction Clean including windows in and out $1,412 $ 1,300 $ 112 $ - $ 1,412 $ - $ 1,412 Supervision (Fixed Fee) $25,000 $ - $ - $ 25,000 $ 25,000 $ - $ 25,000 HOMEOWNER INITIAL_____________ $0 $ - $ - $ - $ - $ - $ - $0 $ - $ - $ - $ - $ - $ - JOB TOTAL $152,747 $152,747 $ 81,820 $ 7,037 $ 63,890 $ 152,747 $ - $ 152,747

Confidential 11/15/2020 Page 5 Construction Schedule, Site Access, Miscellaneous Guidelines & Warranty Homeowner to provide property access Monday - Saturday from 6am to 6pm or as regulated by the City of Scottsdale or HOA rules. Estimated construction time: 8 to 12 weeks. Completion is defined as receiving the 'Certificate of Occupancy' by the City of Scottsdale. Contactor to notify homeowner immediately of any delays caused by acts of GOD, sub-contractors, material delays or section delays caused by homeowner. Any change orders must be in writing and approved by both parties prior to commencement of work or materials ordered. Change order(s) may delay completion. ALL change orders are cost plus 25% and paid in full at time of request. Builder warranty requirements per the Arizona Register of Contractor: 1-year on all items & 2-year workmanship. Estimate includes sales tax HOMEOWNER INITIAL_____________

Payment Schedule 1) Contract Signing $15,275 10% 2) Completion of Demo $45,824 30% 3) Completion of MP & E (HVAC, Plumbing & Electrical) $30,549 20% 4) Deposit for materials - cabinets, doors, flooring, countertops, etc. (Estimate) $15,275 10% 5) Completion of cabinet install $38,187 25% 6) Final approval from City of Scottsdale building department $4,582 3% 7) Final payment at completion of original walk-through punch list $3,055 2% JOB TOTAL $152,747 100%

Homeowner Acceptance Date

Brantner Group, LLC Date ROC License 305326

Confidential 11/15/2020 Page 6 Amount: $45,824.00 Sequence Number: [number redacted]

Account: Capture Date: 01/04/2021

Bank Number: Check Number: 2986

Electronic Endorsements:

Date Sequence Bank # Endrs Type TRN RRC Bank Name

01/04/2021 [number redacted] [number redacted] Rtn Loc/BOFD Y JPMorgan Chase Bank

01/04/2021 [number redacted] [number redacted] Pay Bank N Bank of America NA Amount: $45,824.00 Sequence Number: [number redacted]

Account: Capture Date: 02/24/2021

Bank Number: Check Number: 2987

Electronic Endorsements:

Date Sequence Bank # Endrs Type TRN RRC Bank Name

02/24/2021 [number redacted] [number redacted] Pay Bank N Bank of America NA

02/24/2021 [number redacted] [number redacted] Rtn Loc/BOFD Y JPMorgan Chase Bank Amount: $55,000.00 Sequence Number: [number redacted]

Account: Capture Date: 04/19/2021

Bank Number: Check Number: 2993

Electronic Endorsements:

Date Sequence Bank # Endrs Type TRN RRC Bank Name

04/19/2021 [number redacted] [number redacted] Rtn Loc/BOFD Y JPMorgan Chase Bank

04/19/2021 [number redacted] [number redacted] Pay Bank N Bank of America NA Amount: $10,000.00 Sequence Number: [number redacted]

Account: Capture Date: 05/24/2021

Bank Number: Check Number: 3000

Electronic Endorsements:

Date Sequence Bank # Endrs Type TRN RRC Bank Name

05/24/2021 [number redacted] [number redacted] Rtn Loc/BOFD Y JPMorgan Chase Bank

05/24/2021 [number redacted] [number redacted] Pay Bank N Bank of America NA 5/25/2021 Bank of America | Online Banking | Transfer Submitted

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https://transfers.bankofamerica.com/jsp/bofa/transfer_printable_version.jsp?productClassPostFix= 1/1 Mediation Notice

The Office of Administrative Hearings is located at 1400 West Washington, Suite 101, Phoenix, Arizona 85007. When does Mediation can occur after the Registrar issues a citation, but Mediation Occur? before the administrative hearing. Why Should Parties Mediation can be an alternative to the full administrative Consider Mediation? process. Mediation is beneficial because it is (1) time- efficient, (2) cost-effective, (3) confidential, and (4) capable of providing flexible solutions to complex problems. How to Request If the parties wish to mediate this case, they must file a Joint Mediation Request for Mediation with the Office of Administrative Hearings. A Joint Request for Mediation is included with this Mediation Notice. REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA _________________________ Case No. _______________ COMPLAINANT,

v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.

REQUEST

proceeding. 12. The mediation process will terminate when: a. The parties reach settlement; b. The mediator determines that further efforts at mediation are no longer likely

to achieve a settlement; or c. One of the parties withdraws from mediation. _____________________________________ _______________________ Complainant (or representative) Date

_____________________________________ _______________________ Respondent (or representative) Date

of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 PREHEARING DISCLOSURE STATEMENT INSTRUCTIONS ***DO NOT SUBMIT THESE INSTRUCTIONS WITH THE PREHEARING DISCLOSURE FORM***

ADMINISTRATIVE RULES A copy of the Arizona Administrative Code’s Rules for the Registrar of Contractors can be located on the Registrar’s Website.

PREHEARING DISCLOSURE REQUIREMENT Under A.A.C. R4-9-118(A), before a hearing, the parties must prepare a disclosure statement. The disclosure statement must contain: • A list of all the witnesses the party will call to testify, including the witnesses’ contact information and a brief description of the subject matter of the witnesses’ expected testimony; and • A list of all the exhibits that the party will use at the hearing.

FILE PREHEARING DISCLOSURE STATEMENTS • The Prehearing Disclosure Statements and Exhibits may be submitted to the Arizona Office of Administrative Hearings using any of the following: • Electronically: https://portal.azoah.com/submission/ • In-Person or by Mail: 1740 West Adams Street, Lower Level, Phoenix, Arizona 85007

EXCHANGING DISCLOSURE STATEMENTS AND EXHIBITS Under A.A.C. R4-9-118(B) (effective November 5, 2017), a party to the hearing must serve on every other party and file with the Office of Administrative Hearings a copy of: • The disclosure statement; and, • Any exhibit that the party will use at the hearing. Service: The disclosure statement and exhibits must be served on all parties in accordance with Arizona Administrative Code R2-19-108 Filing Documents. Under A.A.C. R2-19-108, service is completed by: • Personal delivery; • 1st class, certified or express mail; or • Facsimile. Timing: The disclosure statement and the exhibits must be served and filed not less than seven calendar days before the date of the hearing. Under A.A.C. R2-19-108, a document is served on a party: • On the date it is personally served; • Five days after it is mailed by express or 1st class mail; • On the date of the return receipt if it is mailed by certified mail; or • On the date indicated on the facsimile transmission.

CONSEQUENCES FOR FAILING TO DISCLOSE Under A.A.C. R4-9-108(C), if a witness or an exhibit is not timely disclosed as required the rules, and good cause for the failure to disclose is not shown, then the administrative law judge may: • Order that certain witnesses or exhibits not be used at the hearing; • Order that a particular fact is or is not established for the record; or, • Order that a charge, a defense, a claim, or some portion thereof, be dismissed.

Form RC-L-800A Prehearing Disclosure Statement Rev. 10/08/2019 Instructions Form PREHEARING DISCLOSURE STATEMENT FORM RC-L-800A

PART 1: WITNESS LIST DOCKET NO. Under A.A.C. R4-9-118(A), before a hearing, a party must prepare a disclosure statement containing a list of all the witnesses the party will call to testify, including the witnesses’ contact information and a brief description of the subject matter of the witnesses’ expected testimony. If you need additional space to list all witnesses, complete and attach additional Witness Lists. Example 1. Name 2. Telephone Number 3. Email Address

John Doe (123) 456-7890 [email redacted] 4. Subject Matter of Expected Testimony

John Doe will testify regarding the poor workmanship and poor installation of the Garage Door. Mr. Doe will also testify regarding the invoices and change orders for the project.

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 1 of 3 PART 2: EXHIBIT LIST DOCKET NO. Under A.A.C. R4-9-118(A), before a hearing, a party must prepare a disclosure statement containing a list of all the exhibits that the party will use at the hearing. Note: All exhibits listed below must be provided to all parties to the hearing. See A.A.C. R4-9-118(B). If you need additional space to list all witnesses, complete and attach additional Exhibit Lists. Example Contract for new garage door. Invoice #10001 – Cost for garage door replacement.

Exhibit Exhibit Name

Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 2 of 3 PART 3: ACKNOWLEDGEMENT & SIGNATURE I certify that the above information is true and correct and that I will serve a copy of this disclosure statement and any exhibits listed in Part 2 to all parties to the hearing in accordance with A.A.C. R4-9-118. I acknowledge and understand that if I fail to properly disclose a witness or exhibit, the administrative law judge may: • Order that certain witnesses or exhibits not be used at the hearing; • Order that a particular fact is or is not established for the record; or, • Order that a charge, a defense, a claim, or some portion thereof, be dismissed.

I am the (check one):  Complainant  Respondent Docket No.

Print Name Signature Date

Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 3 of 3