2022A-10668-CHC-ROC Notice of Hearing and Packet MAILED

2022A-10668-CHC-ROC · Registrar of Contractors · 2023-08-17

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Lilia Erlandson , Case No. 2022-10668 COMPLAINANT, Docket No. 2022A-10668-CHC-ROC v. NOTICE OF HEARING ON Max Build LLC CONTESTED CASE License No. ROC 330073,

RESPONDENT.

This Notice of Hearing is issued under A.R.S. § 41-1092.05(D). HEARING INFORMATION The hearing is set for: September 27, 2023 1:00 PM 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 19, 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 18, 2023.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail August 18, 2023 to: Respondent(s) Max Build LLC 4983 S Moccasin Trl Gilbert, AZ 85298 Complainant(s) Lilia Erlandson 6429 E Ingram St Mesa, AZ 85205

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 Case No. 2022-10668 /

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: Lilia Erlandson 6429 e ingram st Mesa, AZ 85205

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: Max Build LLC 4983 S Moccasin Trail Gilbert, AZ 85298

December 27, 2022

Jobsite Inspection Notice Re: Complaint Number 2022-10668

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for January 26, 2023 at 1:00 PM. 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. 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

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, Steven Avila Steven Avila, Investigator (602) 771-6772 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

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.

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 Katie Hobbs, Governor Martín Quezada, Director

Jobsite Inspection Notes

Case No.: 2022-10668 Investigator: Steven Avila Inspection Date: January 26, 2023 Inspection Time: 1:00 PM

Complainant: Lilia Erlandson Respondent: Max Build LLC Not Present: Not Present:

Jobsite General Notes: Present at the inspection: Lilia Erlandson – Homeowner Austin Erlandson – Homeowner Investigator Avila – Registrar of Contractors Invstigator Carter – Regtistrar of Contractors Respondent was not present.

Scope of work included a remodel pertaining to an insurnace claim and additional work requested and paid for by the complainants. No written contract was provided. Complainant stated that the last date the respondent was onsite performing work was October 26, 2022.

Complaint Item: 1 - Flooring lacking proper space from wall and no transition strips. Improperly installed causing the floor to buckle. Investigator’s Observation: At the time of the inspection there appeared to be some movement of the floor and peaking present. The homeowner brought forth one area of flooring away from the affected area in which the expansion gap appeared to be sufficient for the installation process. Second area of concern was a transition from tile to flooring. Both areas appeared to meet industry standards. Allegation of improper expansion space is not verified. Governing Rule: N/A

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 RCC100 08/19

Complaint Item: 2 - Shiplap improperly installed buckling and poorly painted missing, caulking Investigator’s Observation: At the time of the inspection the shiplap in both the living and kitchen area contained nail holes that were not properly filled and painted. Both areas contained paint issues such as drips and irregular patterns. Shiplap in the kitchen area had movement present when pressure was applied. Allegation is verified. Respondent shall correct by the appropriate means. Governing Rule: 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.

Complaint Item: 3 - Trim missing from front door. Investigator’s Observation: At the time of the inspection the front door remained in an unfinished state with trim missing. Allegation is verified. Respondent shall correct by the appropriate means. Governing Rule: 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.

Complaint Item: 4 - Garage door missing. Investigator’s Observation: Complainant provided a list of items to be completed by the respondent that contained the garage door in question. At the time of the inspection the respondent stated that the garage door has not been changed. Allegation is verified. Respondent shall correct by the appropriate means. Governing Rule: 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.

Complaint Item: 5 - Master bedroom door, not painted. Investigator’s Observation: At the time of the inspection the master bedroom door has not been painted. Allegation is verified. Respondent shall

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 RCC100 08/19

correct by the appropriate means. Governing Rule: 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.

Complaint Item: 6 - Linen cabinet for guest bath missing. Investigator’s Observation: At the time of the inspection the linen cabinet had not been installed in the guest bath. Allegation is verified. Respondent shall correct by the appropriate means. Governing Rule: 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.

Complaint Item: 7 - Baseboards missing in guest bath. Investigator’s Observation: At the time of the inspection there was an unfinished area of baseboards in the area that is to be completed with a linen cabinet. Allegation is verified. Respondent shall correct by the appropriate means. Governing Rule: 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.

Complaint Item: 8 - Countertop not properly installed in guest bath. Investigator’s Observation: At the time of the inspection there was a portion of back splash that was not adhered to the wall. Allegation is verified. Respondent shall correct by the appropriate means. Governing Rule: 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.

Complaint Item: 9 - Trim, missing around kitchen, cabinets and windows. Investigator’s Observation: At the time of the inspection there was missing trim around the kitchen window. There were also areas of finish trim missing adjacent to the cabinets and kick board. Allegation is verified. Respondent shall 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 RCC100 08/19

correct by the appropriate means Governing Rule: 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.

Complaint Item: 10 - Broken pantry shelves, and several shelves missing in kitchen. Investigator’s Observation: At the time of the inspection there were multiple cabinet areas that were missing shelving. One area of pantry contained a cracked frame. Allegation is verified. Respondent shall correct by the appropriate means. Governing Rule: 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.

Complaint Item: 11 - Exhaust fan not properly installed in kitchen. Investigator’s Observation: At the time of the inspection the complainant was unable to substantiate the allegation of exhaust fan no properly installed. Allegation is not verified. Governing Rule: N/A

Complaint Item: 12 - Hall bath missing cabinet pulls. Investigator’s Observation: At the time of the inspection the hall bath vanity did not contain any cabinet hardware. Allegation is verified. Respondent shall correct by the appropriate means. Governing Rule: 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.

Complaint Item: 13 - All cabinet doors in house missing finger pulls. Investigator’s Observation: At the time of the inspection the cabinet/ closet doors did not contain hardware. Allegation is verified. Respondent shall correct by the appropriate means. 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 RCC100 08/19

Governing Rule: 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.

Complaint Item: 14 - Electrical outlet missing on kitchen island. Investigator’s Observation: At the time of the inspection the electrical outlets in question remained unfinished. Allegation is verified. Respondent shall correct Governing Rule: 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.

Complaint Item: 15 - Floating shelves missing in kitchen. Investigator’s Observation: Given the list of items to be completed by the respondent and rendering of the kitchen that was provided by the complainant the investigator was unable to determine that this items was part of the scope of work. Allegation is unverified. Governing Rule: N/A

Complaint Item: 16 - Pendant lights missing in kitchen. Investigator’s Observation: Given the list of items to be completed by the respondent and rendering of the kitchen that was provided by the complainant the investigator was unable to determine that this items was part of the scope of work. Allegation is unverified. Governing Rule: N/A

Complaint Item: 17 - Master bathroom vanity, not installed. Investigator’s Observation: At the time of the inspection the master bath vanity was not installed. Allegation is verified. Respondent shall correct by the appropriate means. Governing Rule: 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. 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 RCC100 08/19

Complaint Item: 18 - Master bathroom lighting, not installed. Investigator’s Observation: At the time of the inspection the master bath lighting was not installed. Allegation is verified. Respondent shall correct by the appropriate means. Governing Rule: 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.

Complaint Item: 19 - Master bathroom, electrical not complete. Investigator’s Observation: At the time of the inspection the master bath electrical remained in an incomplete status. Allegation is verified. Respondent shall correct by the appropriate means. Governing Rule: 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.

Complaint Item: 20 - Master bath exhaust fan, not installed, Investigator’s Observation: At the time of the inspection the master bath exhaust fans remained in an incomplete status. Allegation is verified. Respondent shall correct bv the appropriate means. Governing Rule: 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.

Complaint Item: 21 - Master bath countertop, not installed. Investigator’s Observation: At the time of the inspection the master bath counter top was not installed. Allegation is verified. Respondent shall correct by the appropriate means. Governing Rule: 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.

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 RCC100 08/19

Complaint Item: 22 - Master bath shiplap not installed Investigator’s Observation: At the time of the inspection no shiplap was installed in the master bath. Allegation is verified. Respondent shall correct by the appropriate means. Governing Rule: 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.

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 RCC100 08/19

P 1 JSI PHOTOS J

Front of residence JSI 2022-10668 P 2 JSI PHOTOS J P 3 JSI PHOTOS J

Flooring where cupping could be seen P 4 JSI PHOTOS J

Flooring where baseboard was removed expansion gap can be seen. P 5 JSI PHOTOS J

Transition in hallway where expansion transition was brought forth. P 6 JSI PHOTOS J

Kitchen area where shiplap installation was a concern. Movement of the shiplap could be seen in this area P 7 JSI PHOTOS J

Nail head in shiplap installation. P 8 JSI PHOTOS J

Poor paint near pan filler on shiplap P 9 JSI PHOTOS J

Nails on kitchen shiplap no trim installed P 10 JSI PHOTOS J

Nails showing on shiplap no trim installed resulting in unfinished appearance. P 11 JSI PHOTOS J

Living area where paint and nail finish was brought forth. P 12 JSI PHOTOS J

Nails showing in living area shiplap trim P 13 JSI PHOTOS J

Nails showing in living area shiplap P 14 JSI PHOTOS J

Paint issues in living area shiplap P 15 JSI PHOTOS J

Nail hole and paint issues on living area shiplap P 16 JSI PHOTOS J

Front door trim remains unfinished. P 17 JSI PHOTOS J

Unpainted master bedroom door. P 18 JSI PHOTOS J

Area of guest bath missing linen closed and incomplete baseboards. P 19 JSI PHOTOS J

Bathroom back splash not adhered to wall P 20 JSI PHOTOS J P 21 JSI PHOTOS J

Kick plate trim missing in kitchen. P 22 JSI PHOTOS J

Unfinished window in kitchen P 23 JSI PHOTOS J

Cracked cabinet frame in pantry P 24 JSI PHOTOS J

Kitchen cabinet missing shelf P 25 JSI PHOTOS J

Kitchen cabinet missing shelf P 26 JSI PHOTOS J

Closet door missing hardware P 27 JSI PHOTOS J

Closet door missing hardware P 28 JSI PHOTOS J

Kitchen island outlets incomplete. P 29 JSI PHOTOS J

Master bath vanity, counter top and shiplap incomplete. P 30 JSI PHOTOS J

Master bath lighting incomplete P 31 JSI PHOTOS J

Master bath electrical incomplete P 32 JSI PHOTOS J

Master bath exhaust fans incomplete P 33 JSI PHOTOS J

Master bath show area exhaust fan incomplete Katie Hobbs, Governor Martín Quezada, Director

Complainant: Lilia Erlandson 6429 e ingram st Mesa, AZ 85205

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 Katie Hobbs, Governor Martín Quezada, Director

Respondent: Max Build LLC 4983 S Moccasin Trail Gilbert, AZ 85298

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 Katie Hobbs, Governor Martín Quezada, Director

February 20, 2023

License No. ROC 330073

Re:Complaint No. 2022-10668

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 March 9, 2023.

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 reasons1, 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:

Compliance Item: 2 - Shiplap improperly installed buckling and poorly painted missing, caulking Investigator’s Observation: At the time of the inspection the shiplap in both the living and kitchen area contained nail holes that were not properly filled and painted. Both areas contained paint issues such as drips and irregular patterns. Shiplap in the kitchen area had movement present when pressure was applied. Allegation is verified. Respondent shall correct by the

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).

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 Katie Hobbs, Governor Martín Quezada, Director

appropriate means. Governing Rule: 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.

Compliance Item: 3 - Trim missing from front door. Investigator’s Observation: At the time of the inspection the front door remained in an unfinished state with trim missing. Allegation is verified. Respondent shall correct by the appropriate means. Governing Rule: 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.

Compliance Item: 4 - Garage door missing. Investigator’s Observation: Complainant provided a list of items to be completed by the respondent that contained the garage door in question. At the time of the inspection the respondent stated that the garage door has not been changed. Allegation is verified. Respondent shall correct by the appropriate means. Governing Rule: 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.

Compliance Item: 5 - Master bedroom door, not painted. Investigator’s Observation: At the time of the inspection the master bedroom door has not been painted. Allegation is verified. Respondent shall correct by the appropriate means. Governing Rule: 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.

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 Katie Hobbs, Governor Martín Quezada, Director

Compliance Item: 6 - Linen cabinet for guest bath missing. Investigator’s Observation: At the time of the inspection the linen cabinet had not been installed in the guest bath. Allegation is verified. Respondent shall correct by the appropriate means. Governing Rule: 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.

Compliance Item: 7 - Baseboards missing in guest bath. Investigator’s Observation: At the time of the inspection there was an unfinished area of baseboards in the area that is to be completed with a linen cabinet. Allegation is verified. Respondent shall correct by the appropriate means. Governing Rule: 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.

Compliance Item: 8 - Countertop not properly installed in guest bath. Investigator’s Observation: At the time of the inspection there was a portion of back splash that was not adhered to the wall. Allegation is verified. Respondent shall correct by the appropriate means. Governing Rule: 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.

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 Katie Hobbs, Governor Martín Quezada, Director

Respondent shall correct by the appropriate means. Governing Rule: 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.

Compliance Item: 10 - Broken pantry shelves, and several shelves missing in kitchen. Investigator’s Observation: At the time of the inspection there were multiple cabinet areas that were missing shelving. One area of pantry contained a cracked frame. Allegation is verified. Respondent shall correct by the appropriate means. Governing Rule: 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.

Compliance Item: 12 - Hall bath missing cabinet pulls. Investigator’s Observation: At the time of the inspection the hall bath vanity did not contain any cabinet hardware. Allegation is verified. Respondent shall correct by the appropriate means. Governing Rule: 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.

Compliance Item: 13 - All cabinet doors in house missing finger pulls. Investigator’s Observation: At the time of the inspection the cabinet/ closet doors did not contain hardware. Allegation is verified. Respondent shall correct by the appropriate means. Governing Rule: 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.

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 Katie Hobbs, Governor Martín Quezada, Director

Compliance Item: 14 - Electrical outlet missing on kitchen island. Investigator’s Observation: At the time of the inspection the electrical outlets in question remained unfinished. Allegation is verified. Respondent shall correct Governing Rule: 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.

Compliance Item: 17 - Master bathroom vanity, not installed. Investigator’s Observation: At the time of the inspection the master bath vanity was not installed. Allegation is verified. Respondent shall correct by the appropriate means. Governing Rule: 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.

Compliance Item: 18 - Master bathroom lighting, not installed. Investigator’s Observation: At the time of the inspection the master bath lighting was not installed. Allegation is verified. Respondent shall correct by the appropriate means. Governing Rule: 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.

Compliance Item: 19 - Master bathroom, electrical not complete. Investigator’s Observation: At the time of the inspection the master bath electrical remained in an incomplete status. Allegation is verified. Respondent shall correct by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar;

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 Katie Hobbs, Governor Martín Quezada, Director

Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 20 - Master bath exhaust fan, not installed, Investigator’s Observation: At the time of the inspection the master bath exhaust fans remained in an incomplete status. Allegation is verified. Respondent shall correct bv the appropriate means. Governing Rule: 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.

Compliance Item: 21 - Master bath countertop, not installed. Investigator’s Observation: At the time of the inspection the master bath counter top was not installed. Allegation is verified. Respondent shall correct by the appropriate means. Governing Rule: 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.

Compliance Item: 22 - Master bath shiplap not installed Investigator’s Observation: At the time of the inspection no shiplap was installed in the master bath. Allegation is verified. Respondent shall correct by the appropriate means. Governing Rule: 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.

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

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 Katie Hobbs, Governor Martín Quezada, Director

Compliance Item: 1 - Flooring lacking proper space from wall and no transition strips. Improperly installed causing the floor to buckle. Investigator’s Observation: At the time of the inspection there appeared to be some movement of the floor and peaking present. The homeowner brought forth one area of flooring away from the affected area in which the expansion gap appeared to be sufficient for the installation process. Second area of concern was a transition from tile to flooring. Both areas appeared to meet industry standards. Allegation of improper expansion space is not verified. Governing Rule: N/A

Compliance Item: 11 - Exhaust fan not properly installed in kitchen. Investigator’s Observation: At the time of the inspection the complainant was unable to substantiate the allegation of exhaust fan no properly installed. Allegation is not verified. Governing Rule: N/A

Compliance Item: 15 - Floating shelves missing in kitchen. Investigator’s Observation: Given the list of items to be completed by the respondent and rendering of the kitchen that was provided by the complainant the investigator was unable to determine that this items was part of the scope of work. Allegation is unverified. Governing Rule: N/A

Compliance Item: 16 - Pendant lights missing in kitchen. Investigator’s Observation: Given the list of items to be completed by the respondent and rendering of the kitchen that was provided by the complainant the investigator was unable to determine that this items was part of the scope of work. Allegation is unverified. Governing Rule: N/A

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 Katie Hobbs, Governor Martín Quezada, Director

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

Sincerely,

Steven Avila Steven Avila, Investigator (602) 771-6772 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

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 Katie Hobbs, Governor Martín Quezada, Director

Addendum Jobsite Inspection Notes

Case No.: 2022-10668 Investigator: Steven Avila Inspection Date: June 7, 2023 Inspection Time: 2:00 POM

Complainant: Lilia Erlandson Respondent: Max Build LLC Not Present: Not Present:

Jobsite General Notes: Present at the inspeciton: Lilia Elandson – Homeowner Andrew Erlandson – Homeowner Investigator Avila – Registrar of Contractos

Addendumd inspeciton was performed on 6/7/2023. The lone item addressed was item 23/addendum item 1. Issues with flooring. Initial inspection took place on Janurary 26, 2023. All items form both inspections are included in these notes and all items will be included on a second written directive. This inspection will move the compliance items to the new date.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19

Governing Rule: 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.

Complaint Item: 20 - Master bath exhaust fan, not installed, Investigator’s Observation: At the time of the inspection the master bath exhaust fans remained in an incomplete status. Allegation is verified. Respondent shall correct by the appropriate means. Governing Rule: 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.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19

Complaint Item: 23 – Addendum Item 1 - Flooring contains peaking and cupping. Investigator’s Observation: At the time of the inspection there were multiple locations in which issues could be seen with the laminate flooring installed by the respondent. There were areas of peaking, cupping and lippage throughout the kitchen and dining areas. Allegation is verified. Respondent shall determine the cause of the flooring issues and remedy as needed. Governing Rule: 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.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19

P 1 AJSI PHOTOS J P 2 AJSI PHOTOS J P 3 AJSI PHOTOS J

Lippage and separation in kitchen area of laminate flooring P 4 AJSI PHOTOS J

Lippage in the kitchen area of laminate flooring P 5 AJSI PHOTOS J

Kitchen area where peaking can be seen. P 6 AJSI PHOTOS J

Lippage Between two adjacent laminate planks. P 7 AJSI PHOTOS J

Second area of flooring where peaking could be seen. P 8 AJSI PHOTOS J

Lippage in kitchen area P 9 AJSI PHOTOS J

Area of flooring where lippage and peaking can be seen between laminate flooring planks P 10 AJSI PHOTOS J

Area of lippage and lifting between laminate plank flooring Katie Hobbs, Governor Martín Quezada, Director

Complainant: Lilia Erlandson 6429 e ingram st Mesa, AZ 85205

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

Respondent: Max Build LLC 4983 S Moccasin Trail Gilbert, AZ 85298

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

June 12, 2023

License No. ROC 330073

Re:Complaint No. 2022-10668

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

This written directive contains items from both the initial and addendum inspection. The directive compliance dates is now June 28, 2023 for all the directed items from the first and second inspection. If either party has any questions please feel free to reach out.

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).

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

filled and painted. Both areas contained paint issues such as drips and irregular patterns. Shiplap in the kitchen area had movement present when pressure was applied. Allegation is verified. Respondent shall correct by the appropriate means. Governing Rule: 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.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

Governing Rule: 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.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

Compliance Item: 9 - Trim, missing around kitchen, cabinets and windows. Investigator’s Observation: At the time of the inspection there was missing trim around the kitchen window. There were also areas of finish trim missing adjacent to the cabinets and kick board. Allegation is verified. Respondent shall correct by the appropriate means. Governing Rule: 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.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

Compliance Item: 20 - Master bath exhaust fan, not installed, Investigator’s Observation: At the time of the inspection the master bath exhaust fans remained in an incomplete status. Allegation is verified. Respondent shall correct by the appropriate means. Governing Rule: 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.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 23 - Flooring contains peaking and cupping. Investigator’s Observation: At the time of the inspection there were multiple locations in which issues could be seen with the laminate flooring installed by the respondent. There were areas of peaking, cupping and lippage throughout the kitchen and dining areas. Allegation is verified. Respondent shall determine the cause of the flooring issues and remedy as needed. Governing Rule: 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.

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

Compliance Item: 1 - Flooring lacking proper space from wall and no transition strips. Improperly installed causing the floor to buckle. Investigator’s Observation: At the time of the inspection there appeared to be some movement of the floor and peaking present, The homeowner brought forth one area of flooring away from the affected area in which the expansion gap appeared to be sufficient for the installation process. Second area of concern was a transition from tile to flooring. Both areas appeared to meet industry standards. Allegation of improper expansion space is not verified. Governing Rule: N/A

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

properly installed. Allegation is not verified. Governing Rule: N/A

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

Sincerely,

Steven Avila Steven Avila, Investigator 602 7716772 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complainant: Lilia Erlandson 6429 e ingram st Mesa, AZ 85205

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: Max Build LLC 4983 S Moccasin Trail Gilbert, AZ 85298

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

C012 05/21 July 5, 2023

Compliance Jobsite Inspection Notice Re: Complaint No. 2022-10668

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for July 12, 2023 at 2:00 PM 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,

Steven Avila Steven Avila, Investigator 602 7716772 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

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

C012 05/21 CP 1 CJSI PHOTOS J CP 2 CJSI PHOTOS J CP 3 CJSI PHOTOS J

Shiplap wall in kitchen near pot filler. Paint Blemishes can be seen. CP 4 CJSI PHOTOS J

Shiplap near pot filler. Paint blemishes can be seen. CP 5 CJSI PHOTOS J

Shiplap in living area. Blemishes/ dark stains can be seen. CP 6 CJSI PHOTOS J

Shiplap in living area. Paint blemishes and rough texture present. CP 7 CJSI PHOTOS J

Garage door that was not replaced. CP 8 CJSI PHOTOS J

Master bedroom door remains unpainted. CP 9 CJSI PHOTOS J

Guest bathroom with unfinished baseboards. CP 10 CJSI PHOTOS J

Second photo of unfinished baseboards in guest bath. CP 11 CJSI PHOTOS J

Linen cabinet in guest bath. Installed but no side skin panels installed. Fasteners can be seen. CP 12 CJSI PHOTOS J

Toe kick of linen cabinet in guest bath missing. CP 13 CJSI PHOTOS J

Right side of linen cabinet missing side skin. CP 14 CJSI PHOTOS J

Kitchen cabinet with the side skin missing and fasteners remain expose. CP 15 CJSI PHOTOS J

Right side of kitchen cabinets with no side skin installed, fasteners can be seen. CP 16 CJSI PHOTOS J

Second view of right side. Fasteners can be seen. CP 17 CJSI PHOTOS J

Kitchen window installed, no shiplap trim around the window. CP 18 CJSI PHOTOS J

Closer look at kitchen window. Lack of trim leave areas exposed and unfinished. CP 19 CJSI PHOTOS J

Kitchen pantry frame cracked. No change from the time of the jobsite inspection. CP 20 CJSI PHOTOS J

Area of pantry with broken frame. CP 21 CJSI PHOTOS J

Missing hardware on guest bath cabinetry drawer and door. CP 22 CJSI PHOTOS J

Closet doors missing handles throughout the residence. 4 closets 9 panels. CP 23 CJSI PHOTOS J

Vanity, lighting, exposed wiring and counter top missing. CP 24 CJSI PHOTOS J

Laminate flooring near bedrooms. Large area of lifting and lippage in the flooring. CP 25 CJSI PHOTOS J

Dining area of laminate flooring. Lippage and lifting can be seen. CP 26 CJSI PHOTOS J

Lifting, cupping and peaking present throughout the flooring. Lippage between planks visible. Complainant: Lilia Erlandson 6429 e ingram st Mesa, AZ 85205

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: Max Build LLC 4983 S Moccasin Trail Gilbert, AZ 85298

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.: 2022-10668 Investigator: Steven Avila Inspection Date: July 12, 2023 Inspection Time: 2:00 PM

Compliance Jobsite General Notes: Present at the inspection: Lilia Erlandson – Homeowner Austin Erlandson – Homeowner Investigator Avila – Registrar of Contractors Respondent was not present for either compliance inspection.

An initial Compliance inspection was performed on 5/11/2023. Subsequently an addendum inspection was requested to inspect the cupping and peaking of the laminate flooring that was installed by the respondent. The initial inspection did address the floor but the allegation pertained to the lack of expansion gaps which was not confirmed. The addendum requested on 5/23/2023 was performed to inspection the cupping and peaking be addressed as it has progressively become worse. An addendum jobsite inspection was performed on 6/7/2021. It was at this time that a directive was issued solely to address the peaking and cupping of the flooring. A written directive was issued based on the new findings and contained the new allegation and directive. The written directive was sent to both parties on 6/12/2023 and expired on 6/28/2023. Complainants stated that the respondent has not performed any additional work since 5/10/2023.

Compliance Findings:

Compliance Item 2: - Shiplap improperly installed buckling and poorly painted missing, caulking Investigator’s Observation: At the time of the compliance inspection there were still locations in which paint blemishes could be seen. Although investigator was unable to photograph the issue there is still movement of the shiplap resulting in buckling during expansion and contraction of the materials. Some areas were addressed after the first directive but shiplap still contains multiple issues and falls short of industry standards. Governing Rule: 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.

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: - Trim missing from front door. Investigator’s Observation: This line item was completed by the respondent. Governing Rule: N/A

Compliance Item 4: - Garage door missing. Investigator’s Observation: At the time of the inspection the original garage door was still installed. No changes from the time of the jobsite inspection. Governing Rule: 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.

Compliance Item 5: - Master bedroom door, not painted. Investigator’s Observation: At the time of the inspection the bedroom door remained unpainted and different color than door throughout the residence. Governing Rule: 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.

Compliance Item 6: - Linen cabinet for guest bath missing. Investigator’s Observation: At the time of the inspection the linen cabinet was installed but not in a completed state. The side skin panels of the cabinet were missing and there were exposed fastener on both sides. The toe kick of the cabinet remained unfinished and some hardware was missing at the time of the inspection. Repairs do not meet industry standards. Governing Rule: 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.

Compliance Item 7: - Baseboards missing in guest bath. Investigator’s 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Investigator’s Observation: At the time of the compliance inspection the base boards in the guest bath were still not installed. Governing Rule: 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.

Compliance Item 8: - Countertop not properly installed in guest bath. Investigator’s Observation: This line item was completed prior to the compliance inspection. Governing Rule: N/A

Compliance Item 9: - Trim, missing around kitchen, cabinets and windows. Investigator’s Observation: At the time of the compliance inspection the trim on the kitchen cabinets remained missing. The missing trim included skin panels, trim along wall intersection and kick plate. The window trim in the kitchen cabinet was also missing at the time of the inspection. Governing Rule: Rule: 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.

Compliance Item 10: - Broken pantry shelves, and several shelves missing in kitchen. Investigator’s Observation: The pantry cabinet frame remained cracked and unchanged from the initial jobsite inspection. Cabinets were still missing shelves in different lower cabinets. Governing Rule: Rule: 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.

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: - Hall bath missing cabinet pulls. Investigator’s Observation: At the time of compliance inspection some hardware had been installed. However, there were remaining locations on the installed cabinets that did not contain the cabinet pulls. Changes to not meet industry standards. Governing Rule: Rule: 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.

Compliance Item: - All cabinet doors in house missing finger pulls. Investigator’s Observation: At the time of the compliance inspection none of the installed 9 panels on 4 closets contained flush pull door handles. No changes from the time of the initial jobsite inspection. Governing Rule: 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.

Compliance Item 14: - Electrical outlet missing on kitchen island. Investigator’s Observation: This line item was completed prior to compliance inspection. Governing Rule: N/A

Compliance Item 17: - Master bathroom vanity, not installed.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Investigator’s Observation: No master bathroom vanity installed at the time of the compliance inspection. Governing Rule: 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.

Compliance Item 18: - Master bathroom lighting, not installed. Investigator’s Observation: No change from jobsite inspection. No lighting installed. Governing Rule: 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.

Compliance Item 19: - Master bathroom, electrical not complete. Investigator’s Observation: Along with thein missing lighting in line item 18 there were also no electric receptacles installed and exposed wiring throughout. Governing Rule: 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.

Compliance Item 20: - Master bath exhaust fan, not installed Investigator’s Observation: Completed prior to compliance inspection. Governing Rule: N/A

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 21: - Master bath countertop, not installed. Investigator’s Observation: At the time of the inspection the master bath countertops were not installed as not vanity is present. No changes from jobsite inspection. Governing Rule: 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.

Compliance Item 22: - Master bath shiplap not installed Investigator’s Observation: At the time of the compliance inspection the master bath shiplap had been installed. Governing Rule: N/A

Compliance Item 23: - This line item was added as an addendum request. Flooring contains peaking and cupping. Investigator’s Observation: At the time of the compliance inspection the peaking and cupping though out the kitchen and dining area was still present. Governing Rule: 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.

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

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

Steven Avila Steven Avila, Investigator 602 7716772 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Lilia Erlandson, Case No. 2022-10668 COMPLAINANT, v.

Max Build LLC, CITATION License No. ROC 330073,

RESPONDENT.

The Registrar issues this Citation to Max Build LLC (“Respondent”) under A.R.S. § 32- 1155(A). If Respondent fails to answer this Citation by August 3, 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 November 18, 2022, Lilia Erlandson (“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.

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 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. 2022-10668. 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 August 3, 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 writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41-

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 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. Dated July 19, 2023 By: /s/ Katelyn Rolling Katelyn Rolling Legal Assistant II Legal Department Arizona Registrar of Contractors

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 COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, July 19, 2023 to:

Respondent Certified Mail No: [number redacted]

Max Build LLC 4983 S Moccasin Trl Gilbert, AZ 85298 Copy mailed by USPS First Class Mail this same date to: Respondent Max Build LLC 4983 S Moccasin Trl Gilbert, AZ 85298 Complainant Lilia Erlandson DBA: 6429 E Ingram St Mesa, AZ 85205 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 Case No. 2022-10668

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)

Lilia Erlandson Mailing Address (Enter jobsite in Contract/Project section) City State Zip

6429 e ingram st Mesa Arizona 85205 Phone Number Email

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

Street Address of Attorney City State Zip

Phone Number of Attorney Email of Attorney

Contractor Information Name (as shown on contract/invoice) ROC License Number(s)

Max Build LLC ROC 330073 Street Address City State Zip

Phone Number Email

[number redacted] [email redacted] Name of Person(s) Representing License

Chuck Peyton Contract/Project Information Contract Date Contract Amount Amount Paid

April 1, 2022 $35,000.00 $35,000.00 Date Work Started Date Work Stopped Date Work Was Completed

April 1, 2022 October 10, 2022 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

6429 E Ingram St Mesa AZ 85205 Name of Construction Site Owner Construction Site Name (if applicable)

Phone Number of Construction Site Owner Email of Construction Site Owner

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

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

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

A building permit was obtained by N/A 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 lacking proper space from wall and no transition strips. Improperly installed causing the floor to buckle; Shiplap improperly installed buckling and poorly painted missing, caulking; Trim missing from front door; Garage door missing; Master bedroom door, not painted; Linen cabinet for guest bath missing; Baseboards missing in guest bath; Countertop not properly installed in guest bath ; Trim, missing around kitchen, cabinets and windows; Broken pantry shelves, and several shelves missing in kitchen; Exhaust fan not properly installed in kitchen; Hall bath missing cabinet pulls; All cabinet doors in house missing finger pulls; Electrical outlet missing on kitchen island; Floating shelves missing in kitchen; Pendant lights missing in kitchen; Master bathroom vanity, not installed; Master bathroom lighting, not installed; Master bathroom, electrical not complete; Master bath exhaust fan, not installed; Master bath countertop, not installed; Master bath shiplap not installed

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

Lilia Erlandson \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 5/24/23, 1:41 PM State of Arizona Mail - Issues with flooring

Steven Avila <[email redacted]>

Issues with flooring message

Lilia Erlandson <[email redacted]> Tue, May 23, 2023 at 8:50 AM To: "[email redacted]" <[email redacted]>

Hello Steve, I wanted to reach out about our floors. They are peaking, cupping, showing signs of lippage in several areas.

I appreciate your help in this matter,

Kind regards,

Lilia Erlandson Owner , Sparkle Haus

480-725-8753 | www.sparklehaus.com | [email redacted] 6020 E Brown Rd #106 Mesa, AZ 85205

Create your own email signature

https://mail.google.com/mail/u/0/?ik=f1e95fa0a8&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted] 1/1 8/3/23, 8:43 AM State of Arizona Mail - Written Answer to Citation and Complaint 2022-10668

Answers - AZROC <[email redacted]>

Written Answer to Citation and Complaint 2022-10668 message

Chuck Peyton <[email redacted]> Thu, Aug 3, 2023 at 8:12 AM To: "[email redacted]" <[email redacted]>

The client Lilia Erlandson and Max Build are preparing documents for signature to provide as proof of completed work as it relates to this complaint.

Chuck Peyton

Max Build, LLC

P. 480-320-0111

[email redacted]

www.2build4u.com

ROC# 330073

https://mail.google.com/mail/b/AAW1or89LpkKG7HjJfYF_w4bEVUc65cFPfWOTej-X16kd4z-69c9/u/0/?ik=581c53cf5c&view=pt&search=all&permthid=t… 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