2022A-11357-CHC-ROC Notice of Hearing and Packet MAILED

2022A-11357-CHC-ROC · Registrar of Contractors · 2024-03-15

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Stacey Jean Lawrence , Case No. 2022-11357 COMPLAINANT, Docket No. 2022A-11357-CHC-ROC v. NOTICE OF HEARING ON CONTESTED CASE Taylor Morrison/ Arizona Inc License No. ROC 179178,

RESPONDENT.

This Notice of Hearing is issued under A.R.S. § 41-1092.05(D).

HEARING INFORMATION The hearing is set for:

April 30, 2024 1:00 PM Kay Abramsohn 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 January 29, 2024.

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/forms/RC-L-800A%20- %20Prehearing%20Disclosure%20Statement%2020191007v4.pdf

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 March 15, 2024.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail March 15, 2024 to: Respondent(s) Taylor Morrison/ Arizona Inc 4900 N Scottsdale Rd Ste 2200 Scottsdale, AZ 85251-7657

Jennifer Mullen Esq. 7310 N. 16th Street, Suite 135 Phoenix, AZ 85020

Complainant(s) Stacey Jean Lawrence 18847 E Apricot Ln Queen Creek, AZ 85142

Copy sent electronically this same date to: Respondent at email address on record with the Registrar Respondent’s Attorney at email address of record with Registrar Complainant at email address on record with the Registrar

Case No. 2022-11357 /

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

Katie Hobbs, Governor Martín Quezada, Director

Complainant: Stacey Jean Lawrence 18847 E Apricot Ln Queen Creek, AZ 85142

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Katie Hobbs, Governor Martín Quezada, Director

Respondent: Taylor Morrison/ Arizona Inc DBA: 4900 N Scottsdale Rd Ste 2200 Scottsdale, AZ 85251-7657

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Katie Hobbs, Governor Martín Quezada, Director

June 8, 2023

Jobsite Inspection Notice Re: Complaint Number 2022-11357

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for July 18, 2023 at 10:00 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

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

RESPONDENT: 1. Enclosed is a copy of the complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity to inspect the work complained of within fifteen days of the date of receipt of this notice. 2. To assist the assigned investigator in evaluating the merits of the complaint, please submit a response to the enclosed complaint to the assigned investigator prior to the scheduled inspection. 3. If you do not attend the jobsite inspection, your absence may negatively impact the investigation, and your interests. 4. If a building permit(s) was required for this project, please have the building permit information available at the jobsite inspection. If either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Katie Hobbs, Governor Martín Quezada, 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, Doug Barrett Doug Barrett, Investigator 602 7716775 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

CC: Respondent Complainant

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Katie Hobbs, Governor Martín Quezada, Director

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 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Katie Hobbs, Governor Martín Quezada, 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 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Katie Hobbs, Governor Martín Quezada, 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 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Complainant: Stacey Jean Lawrence 18847 E Apricot Ln Queen Creek, AZ 85142

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Respondent: Taylor Morrison/ Arizona Inc DBA: 4900 N Scottsdale Rd Ste 2200 Scottsdale, AZ 85251-7657

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 July 19, 2023

Jobsite Inspection Notice Re: Complaint Number 2022-11357

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for August 15, 2023 at 9:00 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 If either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time.

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

Sincerely, Doug Barrett Doug Barrett, Investigator 602 7716775 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

CC: Respondent Complainant

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 A Guide to Jobsite Inspections

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 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 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 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.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 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 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 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Complainant: Stacey Jean Lawrence 18847 E Apricot Ln Queen Creek, AZ 85142

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 Respondent: Taylor Morrison/ Arizona Inc DBA: 4900 N Scottsdale Rd Ste 2200 Scottsdale, AZ 85251-7657

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 August 14, 2023

Re: Complaint Number 2022-11357

Dear Complainant and Respondent:

Due to a conflict in scheduling of one of the parties, the jobsite inspection scheduled for August 15, 2023 at 9:00 AM has been rescheduled for September 18, 2023 at 10:00 AM.

If either party is unable to attend, the Registrar requires 36-hours advance notice for cancellation or continuance.

Complainant: Safe access is required to any area to be inspected.

Should you have any questions regarding the above, please contact me.

Sincerely,

Doug Barrett Doug Barrett, Investigator 602 7716775 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

CC: Respondent Complainant

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 Katie Hobbs, Governor Martín Quezada, Director

Jobsite Inspection Notes

Case No.: 2022-11357 Investigator: Doug Barrett Inspection Date: 09-18-2023 Inspection Time: 10:00 AM

Complainant: Stacey and Roger Respondent: Taylor Morrison / Lawrence Arizona Inc. Not Present: Not Present:

Jobsite General Notes: Both parties were present, including Jeff Block from the Respondent. I discussed expectations versus minimum workmanship standards with the parties, including the fact that construction inherently by nature is not perfect.

Compliance Item: 1 – Cabinets door and trim not completed Investigator’s Observation: Verified. I observed the trim/filler to the right of the refrigerator in the kitchen and the edge finish did not match the surrounding finishes. I observed the right vanity in the master bathroom and the lower left single door was cracked. The Respondent stated these items are on order and will be replaced. Contractor should correct by appropriate means. Governing Rule: ARS 32-1154(A)(3) Poor Workmanship namely Rule R4-9-108

Compliance Item: 2 – Tile lippage/soft grout. Investigator’s Observation: Verified. The Complainant stated the soft grout has been addressed but the lippage has not. I observed a sampling of tiles in the main floor with lippage in excess of the allowable 1/32”. The Respondent stated they are aware of 40-50 tiles that need to be replaced throughout. Contractor should inspect all tiles and correct those with excessive lippage by appropriate

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 11/18

means. Governing Rule: ARS 32-1154(A)(3) Poor Workmanship namely Rule R4-9-108

Compliance Item: 3 – Sliding barn door not complete. Investigator’s Observation: Verified. I observed the sliding barn door and it did not operate smoothly. The door appeared to drag in spots on the bottom guide. The Respondent stated a new door is on order. Contractor should correct by appropriate means. Governing Rule: ARS 32-1154(A)(3) Poor Workmanship namely Rule R4-9-108

Compliance Item: 4 – Baseboards not painted. Investigator’s Observation: Verified. I observed various baseboards throughout that were not painted. The Respondent stated they are aware and were waiting for the flooring to be completed first. Contractor should correct by appropriate means. Governing Rule: ARS 32-1154(A)(3) Poor Workmanship namely Rule R4-9-108

Compliance Item: 5 – Exterior paint. Investigator’s Observation: Verified. The Complainant stated the main body has been painted but not the fascia or popouts. I observed areas of the fascia with exposed wood and chipping. I observed missing paint from stucco sand falling off on various popouts. Contractor should correct by appropriate means. Governing Rule: ARS 32-1154(A)(3) Poor Workmanship namely Rule R4-9-108

Compliance Item: 6 – Stucco damage at two car garage. Investigator’s Observation: Unverified. I observed a chunk of stucco missing from the bottom right corner of the two car garage. I am unable to

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 11/18

determine who or what caused the damage. No correction required. Governing Rule: N/A

Compliance Item: 7 – Grading/drainage in front of RV gate. Investigator’s Observation: Unverified. I observed the area in front of the RV gate and there were dips here and there with thin granite. The grading was inspected and signed off prior to close of escrow. I observed a trailer behind the RV gate that has traversed the area in question. The Complainant is responsible for maintaining the grade after close of escrow and since the area has potentially been damaged by local activity there is no correction required by the Respondent. 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 11/18

Complaint #2022-11357 P 1 JSI date 09/18/2023 at 10:00AM JSI PHOTOS Complaint #2022-11357 P 2 JSI date 09/18/2023 at 10:00AM JSI PHOTOS Complaint #2022-11357 P 3 JSI date 09/18/2023 at 10:00AM JSI PHOTOS Complaint #2022-11357 P 4 JSI date 09/18/2023 at 10:00AM JSI PHOTOS Complaint #2022-11357 P 5 JSI date 09/18/2023 at 10:00AM JSI PHOTOS Complaint #2022-11357 P 6 JSI date 09/18/2023 at 10:00AM JSI PHOTOS Complaint #2022-11357 P 7 JSI date 09/18/2023 at 10:00AM JSI PHOTOS Complaint #2022-11357 P 8 JSI date 09/18/2023 at 10:00AM JSI PHOTOS Complaint #2022-11357 P 9 JSI date 09/18/2023 at 10:00AM JSI PHOTOS Complaint #2022-11357 P 10 JSI date 09/18/2023 at 10:00AM JSI PHOTOS Complaint #2022-11357 P 11 JSI date 09/18/2023 at 10:00AM JSI PHOTOS Complaint #2022-11357 P 12 JSI date 09/18/2023 at 10:00AM JSI PHOTOS Complaint #2022-11357 P 13 JSI date 09/18/2023 at 10:00AM JSI PHOTOS Complaint #2022-11357 P 14 JSI date 09/18/2023 at 10:00AM JSI PHOTOS Complaint #2022-11357 P 15 JSI date 09/18/2023 at 10:00AM JSI PHOTOS Complaint #2022-11357 P 16 JSI date 09/18/2023 at 10:00AM JSI PHOTOS Complaint #2022-11357 P 17 JSI date 09/18/2023 at 10:00AM JSI PHOTOS Complaint #2022-11357 P 18 JSI date 09/18/2023 at 10:00AM JSI PHOTOS Complaint #2022-11357 P 19 JSI date 09/18/2023 at 10:00AM JSI PHOTOS Complaint #2022-11357 P 20 JSI date 09/18/2023 at 10:00AM JSI PHOTOS Complainant: Stacey Jean Lawrence 18847 E Apricot Ln Queen Creek, AZ 85142

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Respondent: Taylor Morrison/ Arizona Inc DBA: 4900 N Scottsdale Rd Ste 2200 Scottsdale, AZ 85251-7657

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 September 18, 2023

License No. ROC 179178

Re:Complaint No. 2022-11357

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 10-20-2023.

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:

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 Governing Rule: ARS 32-1154(A)(3) Poor Workmanship namely Rule R4-9-108

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Compliance Item: 5 – Exterior paint. Investigator’s Observation: Verified. The Complainant stated the main body has been painted but not the fascia or popouts. I observed areas of the fascia with exposed wood and chipping. I observed missing paint from stucco sand falling off on various popouts. Contractor should correct by appropriate means. Governing Rule: ARS 32-1154(A)(3) Poor Workmanship namely Rule R4-9-108

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

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

Sincerely,

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Doug Barrett Doug Barrett, Investigator 602 7716775 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

CC: Respondent Complainant

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complainant: Stacey Jean Lawrence 18847 E Apricot Ln Queen Creek, AZ 85142

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: Taylor Morrison/ Arizona Inc DBA: 4900 N Scottsdale Rd Ste 2200 Scottsdale, AZ 85251-7657

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

C012 05/21 January 11, 2024

Compliance Jobsite Inspection Notice Re: Complaint No. 2022-11357

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for January 19, 2024 at 10:00 AM to determine the current status of the items listed on the issued Directive.

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

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

Sincerely,

Doug Barrett Doug Barrett, Investigator 602 7716775 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

CC: Respondent Complainant

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

C012 05/21 Complaint #2022-11357 P 1 CJSI date 01/19/2024 at 10:00AM CJSI PHOTOS Complaint #2022-11357 P 2 CJSI date 01/19/2024 at 10:00AM CJSI PHOTOS Complaint #2022-11357 P 3 CJSI date 01/19/2024 at 10:00AM CJSI PHOTOS Complaint #2022-11357 P 4 CJSI date 01/19/2024 at 10:00AM CJSI PHOTOS Complaint #2022-11357 P 5 CJSI date 01/19/2024 at 10:00AM CJSI PHOTOS Complaint #2022-11357 P 6 CJSI date 01/19/2024 at 10:00AM CJSI PHOTOS Complaint #2022-11357 P 7 CJSI date 01/19/2024 at 10:00AM CJSI PHOTOS Complaint #2022-11357 P 8 CJSI date 01/19/2024 at 10:00AM CJSI PHOTOS Complaint #2022-11357 P 9 CJSI date 01/19/2024 at 10:00AM CJSI PHOTOS Complaint #2022-11357 P 10 CJSI date 01/19/2024 at 10:00AM CJSI PHOTOS Complaint #2022-11357 P 11 CJSI date 01/19/2024 at 10:00AM CJSI PHOTOS Complaint #2022-11357 P 12 CJSI date 01/19/2024 at 10:00AM CJSI PHOTOS Complaint #2022-11357 P 13 CJSI date 01/19/2024 at 10:00AM CJSI PHOTOS Complaint #2022-11357 P 14 CJSI date 01/19/2024 at 10:00AM CJSI PHOTOS Complaint #2022-11357 P 15 CJSI date 01/19/2024 at 10:00AM CJSI PHOTOS Complaint #2022-11357 P 16 CJSI date 01/19/2024 at 10:00AM CJSI PHOTOS Complaint #2022-11357 P 17 CJSI date 01/19/2024 at 10:00AM CJSI PHOTOS Complaint #2022-11357 P 18 CJSI date 01/19/2024 at 10:00AM CJSI PHOTOS Complaint #2022-11357 P 19 CJSI date 01/19/2024 at 10:00AM CJSI PHOTOS Complaint #2022-11357 P 20 CJSI date 01/19/2024 at 10:00AM CJSI PHOTOS Complainant: Stacey Jean Lawrence 18847 E Apricot Ln Queen Creek, AZ 85142

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: Taylor Morrison/ Arizona Inc DBA: 4900 N Scottsdale Rd Ste 2200 Scottsdale, AZ 85251-7657

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.: 2022-11357 Investigator: Doug Barrett Inspection Date: January 19, 2024 Inspection Time: 10:00 AM

Compliance Jobsite General Notes: Both the Complainant and Respondent were present for the compliance inspection. Compliance item #2 was not completed per the written directive but all other items have been completed.

Compliance Findings:

Compliance Item: 2 – Tile Lippage/soft grout Investigator’s Observation: I observed the following tiles with lippage greater than the allowable 1/32”; Six tiles in the entry hall, two tiles between the island and living room and one tile in front of the dining room hutch. I observed one section in the entry hall where soft grout was still present. I observed grout missing at the right corner as you enter the living room from the entry hall. I observed cracked/missing grout at the living room sliding door. Governing Rule: ARS 32-1154(a)(3) Poor Workmanship namely Rule R4-9-108

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,

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

Stacey Jean Lawrence, Case No. 2022-11357 COMPLAINANT v.

Taylor Morrison/ Arizona Inc., License No. ROC 179178, CITATION

RESPONDENT

The Registrar issues this Citation to Taylor Morrison/ Arizona Inc. (“Respondent”)

under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by February 13, 2024, 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 December 9, 2022, Stacey Jean Lawrence (“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: 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:

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Charge: 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. 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. 2022-11357. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways:

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 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 Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than February 13, 2024. 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.

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 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- 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 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 constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated January 29, 2024. By: /s/ Mary Coyne Mary Coyne, CP Paralegal Manager Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, January 29, 2024 to:

Respondent Certified Mail No: [number redacted]

Taylor Morrison/ Arizona Inc. 4900 N Scottsdale Rd Ste. 2200 Scottsdale, AZ 85251-7657 Copy mailed by USPS First Class mail this same date to:

Taylor Morrison/ Arizona Inc. 4900 N Scottsdale Rd Ste. 2200 Scottsdale, AZ 85251-7657 Complainant Stacey Jean Lawrence 18847 E Apricot Ln. Queen Creek, AZ 85142 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. 2022-11357

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Received by Investigations 12/09/2022 Complaint #2022-11357 Received by Investigations 12/09/2022 Complaint #2022-11357 Received by Investigations 12/09/2022 Complaint #2022-11357 Received by Investigations 12/09/2022 Complaint #2022-11357 Received by Investigations 12/09/2022 Complaint #2022-11357 Received by Investigations 12/09/2022 Complaint #2022-11357 Received by Investigations 12/09/2022 Complaint #2022-11357 Received by Investigations 12/09/2022 Complaint #2022-11357 Received by Investigations 12/09/2022 Complaint #2022-11357 Received by Investigations 12/09/2022 Complaint #2022-11357 Received by Investigations 12/09/2022 Complaint #2022-11357 Received by Investigations 12/09/2022 Complaint #2022-11357 Received by Investigations 12/09/2022 Complaint #2022-11357 Received by Investigations 12/09/2022 Complaint #2022-11357 Received by Investigations 12/09/2022 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COLLINSWORTH, SPECHT, CALKINS & GIAMPAOLI, LLP ATTORNEYS AT LAW 2600 N. Central Ave, Suite 620 Phoenix, AZ 85004 (602) 508-3127/ Fax: (602) 508-3129 JENNIFER E. MULLEN, ESQ., SBN 029620 Attorneys for Respondent Taylor Morrison/Arizona, Inc.

REGISTRAR OF CONTRACTORS

OF THE STATE OF ARIZONA

Stacey Jean Lawrence, Case No. 2022-11357

RESPONDENT'S WRITTEN Complainant, ANSWER TO CITATION AND vs. COMPLAINT

Taylor Morrison/ Arizona, Inc., License No. ROC 179178,

Respondent.

In compliance with A.R.S. §32-1155(A), Respondent TAYLOR MORRISON/ARIZONA, INC. (hereinafter, "Respondent" or “Taylor Morrison”) on behalf of itself and no other, in response to Complainant STACEY JEAN LAWRENCE's (hereinafter, "Complainant" or “homeowner”) Citation and Complaint (hereinafter, "Complaint"), hereby denies or alleges as follows: PRELIMINARY RESPONSE/ALLEGATIONS 1. Answering Charge 1 of Complainant’s Complaint, Respondent denies the allegations contained therein. 2. Answering Charge 2 of Complainant’s Complaint, Respondent denies the allegations contained therein. /// /// ///

Received 2/13/2024 ROC Legal

CHARGE 1 (Violation of Rule 4-9-108) 3. Answering Charge 1, Respondent repeats and incorporates by reference paragraphs 1 through 2 above as though fully set forth again herein. 4. There was no violation of workmanship standards that could have been discovered by a reasonable inspection. The standard at issue is Standard 6 of the Tile -Ceramic and Natural Stone Floor Tile of the 2009 Workmanship Standards for Licensed Contractors requiring that tile not have more than 1/32nd of an inch of lippage. The 9 tiles remaining that allegedly have more than 1/32nd of lippage are textured tiles and were measured to be generally in compliance by Taylor Morrison’s subcontractor using what it believed to be the same tool and method used by the ROC. The ROC inspector found and photographed slightly more lippage than allowed at discrete locations on 9 individual tiles, but it is respectfully noted that the ROC standard is that the tile as a whole cannot be more than 1/32nd different than the adjacent tile as a whole. Despite this Respondent was willing to replace the 9 tiles. 5. A complaint (attached as Exhibit 1) was initially filed on December 6, 2022, and subsequently withdrawn by the homeowner/complainant February 14, 2023 without further action with the expectation that repairs would occur. Some repairs occurred but the complaint (Exhibit 1) was nevertheless re-opened by the homeowner anyway. An inspection was conducted by the ROC and a written directive was issued on September 18, 2023, finding no issue with many of the items alleged in the complaint (Exhibit 1) but requiring repair of approximately 40-50 tiles with lippage (no designation was made as to any specific tiles subject to repair) and certain kitchen cabinet repairs, among other minor issues. The September Compliance Directive is attached as Exhibit 2. Specifically, there was no directive relating to either soft grout or missing grout. Satisfactory repairs were made to the 40-50 tiles as identified in Exhibit 2. Thereafter, on November 28, 2023, Taylor Morrison and its subcontractor unsuccessfully attempted to drop off a filler piece for the cabinet (which was rejected by the homeowner because it had a knot at one end). At the time, Complainant noted that there were still certain unidentified lipped tiles present in the home after Taylor Morrison’s

Received 2/13/2024 ROC Legal

subcontractor’s diligent repair of the 40-50 tiles from the September Compliance Directive (Exhibit 2). Taylor Morrison and its subcontractor promptly offered during that visit to repair the lipped tile, if and when Complainant would simply identify such tiles with alleged remaining issues. The homeowner refused to either identify any such tile or allow any further tile repair. Thus, contrary to terms of the Limited Warranty, the Purchase Agreement and the requirements of Arizona law, the Complainant refused to cooperate and allow access for repairs. 6. A further compliance inspection was conducted on January 19, 2024 despite the fact that the Complainant did not allow Taylor Morrison to repair the lipped tiles she first identified on November 28, 2023. The ROC Compliance Report from that inspection is attached hereto as Exhibit 3. Although Exhibit 3 states that items were not corrected, it fails to clarify that the items are new tiles that Taylor Morrison was never given a chance to correct. 7. Respondent denies that it violated A.A.C. Rule 4-9-108 and A.R.S. §32-l 154(A)(3). CHARGE 2 (Violation of A.R.S. §32-1154(A)(22)) 8. Answering Charge 2, Respondent repeats and incorporates by reference paragraphs 1 through 7 above as though fully set forth again herein. 9. Complainant's actions in denying identification and repair of additional tiles in November 2023 and in denying access to the home in January 2024, have made it impossible for Respondent to perform the work. 10. The written directive issued September 18, 2023 (Exhibit 2) was complied with. The 9 tiles, 2 small locations of missing grout and one small location of soft grout noted on the Compliance Inspection Report (Exhibit 3) are new claims since the September 18, 2023 Directive that have never been subject to a Written Directive and therefore any failure by Respondent to correct them is not a violation of A.R.S. §32-1154(A)(22). For a violation to have occurred, it would have required Taylor Morrison to fail to repair these specific items after being given notice of the specific items in a Written Directive. In short, all items from

Received 2/13/2024 ROC Legal

the Written Directive (Exhibit 2) were repaired. The items in Exhibit 3 are new items of some of the same materials (tiles) as the original Written Directive (Exhibit 2). 11. The purchase contract between Complainant and Respondent specifically requires that Complainant provide reasonable access to the property for Respondent to undertake work. See, e.g., the following excerpt: 12.12 Right of Reasonable Entry. Buyer shall cooperate with Seller, its representatives and utility companies and shall permit Seller, its representatives and utility companies right of access to the Home and all portions of the Property upon reasonable notice during normal business hours after Closing for purposes of inspecting, testing, repairing, replacing, correcting, or otherwise addressing matters related to: (i) request by any governmental agency; (ii) the limited Warranty; or (iii) any Disputes between Buyer and Seller regarding the Property. Buyer shall cooperate with Seller to be present or have a Buyer representative present for any such entry. This paragraph shall not be construed as an agreement by Seller to perform any corrective, additional, remedial or other work. 12. Complainant, in refusing to allow the work to be done, is in breach of the purchase contract and has precluded Respondent from performing thereunder. 13. Respondent has conducted itself in good faith and Complainant has acted in bad faith. As such, the purpose of the licensing statute, to protect the public from unscrupulous, unqualified and financially irresponsible contractors (Aesthetic Property Maintenance v. Capital Indem. Corp., 183 13 Ariz. 74,900 P.2d 1210 (1995)) will not be furthered by any action being taken against Respondent based on the facts surrounding this claim. WHEREFORE, Respondent, having fully responded to Complainant's claims herein, prays for judgment as follows: A. That Complainant takes nothing by way of her Complaint on file herein; B. That the Complaint and Citation be dismissed; C. That Respondent be awarded its reasonable attorney’s fees and costs as provided for in the purchase contract and as authorized by statute; and, /// /// /// ///

Received 2/13/2024 ROC Legal

D. Any other relief that the Administrative Law Judge may grant.

DATED: February 13, 2024 COLLINSWORTH, SPECHT, CALKINS & GIAMPAOLI, LLP

By: JENNIFER E. MULLEN, ESQ. Attorneys for Respondent Taylor Morrison/Arizona, Inc.

ORIGINAL of the foregoing served via e-mail this 13th day of February 2024, to: Arizona Registrar of Contractors [email redacted] COPY was served via email this same date on the following: Stacey Jean Lawrence 18847 E Apricot Ln. Queen Creek, AZ 85142 [email redacted] By: /s/ Jean M. Shanks Jean M. Shanks

Received 2/13/2024 ROC Legal

EXHIBIT 1 Received by Investigations Received 12/09/2022 2/13/2024 Complaint #2022-11357 ROC Legal Received by Investigations Received 12/09/2022 2/13/2024 Complaint #2022-11357 ROC Legal Received 2/13/2024 ROC Legal

EXHIBIT 2 Received 2/13/2024 ROC Legal

Complainant: Stacey Jean Lawrence 18847 E Apricot Ln Queen Creek, AZ 85142

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Received 2/13/2024 ROC Legal

Respondent: Taylor Morrison/ Arizona Inc DBA: 4900 N Scottsdale Rd Ste 2200 Scottsdale, AZ 85251-7657

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Received 2/13/2024 ROC Legal

September 18, 2023

License No. ROC 179178

Re:Complaint No. 2022-11357

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Received 2/13/2024 ROC Legal

Governing Rule: ARS 32-1154(A)(3) Poor Workmanship namely Rule R4-9-108

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Received 2/13/2024 ROC Legal

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

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

Sincerely,

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Received 2/13/2024 ROC Legal

Doug Barrett Doug Barrett, Investigator 602 7716775 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

CC: Respondent Complainant

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Received 2/13/2024 ROC Legal

EXHIBIT 3 Received 2/13/2024 ROC Legal

Complainant: Stacey Jean Lawrence 18847 E Apricot Ln Queen Creek, AZ 85142

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Received 2/13/2024 ROC Legal

Respondent: Taylor Morrison/ Arizona Inc DBA: 4900 N Scottsdale Rd Ste 2200 Scottsdale, AZ 85251-7657

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Received 2/13/2024 ROC Legal

Case No.: 2022-11357 Investigator: Doug Barrett Inspection Date: January 19, 2024 Inspection Time: 10:00 AM

Compliance Findings:

Note:

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Received 2/14/24, 8:11 AM State of Arizona Mail - Stacey Jean Lawrence v. Taylor Morrison/Arizona, Inc. Case No. 2022-11357 2/13/2024 ROC Legal

Answers - AZROC <[email redacted]>

Stacey Jean Lawrence v. Taylor Morrison/Arizona, Inc. Case No. 2022-11357 message

Jean Shanks <[email redacted]> Tue, Feb 13, 2024 at 4:51 PM To: "[email redacted]" <[email redacted]> Cc: Jennifer Mullen <[email redacted]>, Monica Duran <[email redacted]>, "[email redacted]" <[email redacted]>

Registrar of Contractors,

Please find attached Respondent Taylor Morrison/Arizona, Inc.’s Written Answer to Citation and Complaint in the above matter. We are also serving Complainant with this Answer via this email. No hard copies will follow.

Sincerely,

Jean M. Shanks, Legal Assistant

4695 MacArthur Ct., 9665 Chesapeake Dr., 5000 Hopyard Rd., 2600 N. Central Ave., Ste. 305 Ste. 620 Ste. 370 Ste. 322 San Diego, CA 92123 Phoenix, AZ 85004 Newport Beach, CA Pleasanton, CA 94588 92660 Tel: (858) 549-2800 Tel: (602) 508-3127 Tel: (925) 400-9575 Tel: (949) 554-1570 Fax: (858) 549-3700 Fax: (602) 508-3129 Fax: (925) 400-9576 Fax: (949) 554-1571

Answer to Citation 2-13-24.pdf 2270K

https://mail.google.com/mail/b/AEoRXRS39-8EGFEbH9J1FkSIgrXG5hmTXoF1zZpaaVpmT5vVehxR/u/0/?ik=581c53cf5c&view=pt&search=all&permt… 1/1 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Stacey Jean Lawrence, Case No. 2022-11357 COMPLAINANT, v. Taylor Morrison/ Arizona Inc., ORDER DENYING REQUEST TO License No. ROC 179178, DISMISS RESPONDENT.

BACKGROUND On January 29, 2024 the Registrar issued a citation against Respondent’s License No. ROC 179178. Respondent filed its Answer on February 13, 2024. The Answer included a request to dismiss the citation and close the complaint. ORDER IT IS ORDERED that Respondent’s request to dismiss is DENIED. The issues underlying the Citation and Complaint are best suited for presentation before the Office of Administrative Hearings. Respondent is free to raise the arguments and defenses presented in its request to dismiss before the administrative law judge. A Notice of Hearing will be issued in due course. Dated March 5, 2024. By: /s/ Chance Peterson Chance Peterson General Counsel Legal Department Arizona Registrar of Contractors

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg127 5/21 Copy mailed via USPS First Class mail March 5, 2024 to: Respondent Taylor Morrison/ Arizona Inc. 4900 N Scottsdale Rd Ste 2200 Scottsdale, AZ 85251-7657 Respondent’s Attorney Jennifer Mullen Esq. 7310 N. 16th Street, Suite 135 Phoenix, AZ 85020 Complainant Stacey Jean Lawrence 18847 E Apricot Ln Queen Creek, AZ 85142 Copy sent electronically this same date to: Respondent at email address on record with the Registrar Respondent’s Attorney at email address of record with Registrar Complainant at email address on record with the Registrar

Case No. 2022-11357/ GM

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg127 5/21 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 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

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 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