2022A-11601-CHC-ROC Notice of Hearing and Packet MAILED

2022A-11601-CHC-ROC · Registrar of Contractors · 2023-12-08

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Linda Griffith , Case No. 2022-11601 COMPLAINANT, Docket No. 2022A-11601-CHC-ROC v. NOTICE OF HEARING ON CONTESTED CASE J&B Construction & Maintenance Services LLC License No. ROC 276288,

RESPONDENT.

This Notice of Hearing is issued under A.R.S. § 41-1092.05(D). HEARING INFORMATION The hearing is set for: January 25, 2024 1:00 PM Velva Moses-Thompson 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 October 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)(2)(a)

Charge: 2 A.R.S. § 32-1154(A)(2)(b)

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

Charge: 4 A.R.S. § 32-1154(A)(3) - R4-9-108(b)

Charge: 5 A.R.S. § 32-1154(A)(12) - A.R.S. § 32-1158

Charge: 6 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 December 11, 2023.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail December 11, 2023 to:

Respondent(s) J&B Construction & Maintenance Services LLC 21628 N. Central Ave., Suite 7 Phoenix, AZ 85024 Mickell J. Summerhays, Esq. 6730 N Scottsdale Rd Ste 101 Scottsdale, AZ 85253

Complainant(s) Linda Griffith 10020 East Moccasin Place Tucson, AZ 85749

Jeanna M.W. Chandler, Esq. 4801 E Broadway Blvd., Suite 400 Tucson, AZ 85711-3638

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. 2022-11601 /

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

Complaint #2022-11601 P 1 JSI Date: 2/1/2023 at 10:00 AM JSI address: 10020 East Moccasin Place, Tucson, JSI PHOTOS AZ 85749 Complaint #2022-11601 P 2 JSI Date: 2/1/2023 at 10:00 AM JSI address: 10020 East Moccasin Place, Tucson, JSI PHOTOS AZ 85749

-voids in stucco system around windows

-stucco depth of stucco around windows does not meet standards Complaint #2022-11601 P 3 JSI Date: 2/1/2023 at 10:00 AM JSI address: 10020 East Moccasin Place, Tucson, JSI PHOTOS AZ 85749

-voids in stucco system around windows

-stucco depth of stucco around windows does not meet standards Complaint #2022-11601 P 4 JSI Date: 2/1/2023 at 10:00 AM JSI address: 10020 East Moccasin Place, Tucson, JSI PHOTOS AZ 85749

-voids in stucco system around windows

-stucco depth of stucco around windows does not meet standards Complaint #2022-11601 P 5 JSI Date: 2/1/2023 at 10:00 AM JSI address: 10020 East Moccasin Place, Tucson, JSI PHOTOS AZ 85749

-damaged stucco and/or paint next to exterior stairs Complaint #2022-11601 P 6 JSI Date: 2/1/2023 at 10:00 AM JSI address: 10020 East Moccasin Place, Tucson, JSI PHOTOS AZ 85749

-void in stucco system below patio door on right side Complaint #2022-11601 P 7 JSI Date: 2/1/2023 at 10:00 AM JSI address: 10020 East Moccasin Place, Tucson, JSI PHOTOS AZ 85749

-septic pipe installed by others hired by complainant Complaint #2022-11601 P 8 JSI Date: 2/1/2023 at 10:00 AM JSI address: 10020 East Moccasin Place, Tucson, JSI PHOTOS AZ 85749

-south bathroom toilet Complaint #2022-11601 P 9 JSI Date: 2/1/2023 at 10:00 AM JSI address: 10020 East Moccasin Place, Tucson, JSI PHOTOS AZ 85749

-incomplete baseboard tile: grout and paint touch up still to be completed Complaint #2022-11601 P 10 JSI Date: 2/1/2023 at 10:00 AM JSI address: 10020 East Moccasin Place, Tucson, JSI PHOTOS AZ 85749 Complaint #2022-11601 P 11 JSI Date: 2/1/2023 at 10:00 AM JSI address: 10020 East Moccasin Place, Tucson, JSI PHOTOS AZ 85749 Complaint #2022-11601 P 12 JSI Date: 2/1/2023 at 10:00 AM JSI address: 10020 East Moccasin Place, Tucson, JSI PHOTOS AZ 85749 Complaint #2022-11601 P 13 JSI Date: 2/1/2023 at 10:00 AM JSI address: 10020 East Moccasin Place, Tucson, JSI PHOTOS AZ 85749 Complaint #2022-11601 P 14 JSI Date: 2/1/2023 at 10:00 AM JSI address: 10020 East Moccasin Place, Tucson, JSI PHOTOS AZ 85749

-builder doorknobs/locks still in place

-area of poorly finished drywall Complaint #2022-11601 P 15 JSI Date: 2/1/2023 at 10:00 AM JSI address: 10020 East Moccasin Place, Tucson, JSI PHOTOS AZ 85749 Complaint #2022-11601 P 16 JSI Date: 2/1/2023 at 10:00 AM JSI address: 10020 East Moccasin Place, Tucson, JSI PHOTOS AZ 85749 Complaint #2022-11601 P 17 JSI Date: 2/1/2023 at 10:00 AM JSI address: 10020 East Moccasin Place, Tucson, JSI PHOTOS AZ 85749 Complaint #2022-11601 P 18 JSI Date: 2/1/2023 at 10:00 AM JSI address: 10020 East Moccasin Place, Tucson, JSI PHOTOS AZ 85749 Complaint #2022-11601 P 19 JSI Date: 2/1/2023 at 10:00 AM JSI address: 10020 East Moccasin Place, Tucson, JSI PHOTOS AZ 85749 Complaint #2022-11601 P 20 JSI Date: 2/1/2023 at 10:00 AM JSI address: 10020 East Moccasin Place, Tucson, JSI PHOTOS AZ 85749 Complaint #2022-11601 P 21 JSI Date: 2/1/2023 at 10:00 AM JSI address: 10020 East Moccasin Place, Tucson, JSI PHOTOS AZ 85749

-area of poorly finished drywall: drywall tape seam visible at wall to ceiling junctions Complaint #2022-11601 P 22 JSI Date: 2/1/2023 at 10:00 AM JSI address: 10020 East Moccasin Place, Tucson, JSI PHOTOS AZ 85749 Complaint #2022-11601 P 23 JSI Date: 2/1/2023 at 10:00 AM JSI address: 10020 East Moccasin Place, Tucson, JSI PHOTOS AZ 85749 Complaint #2022-11601 P 24 JSI Date: 2/1/2023 at 10:00 AM JSI address: 10020 East Moccasin Place, Tucson, JSI PHOTOS AZ 85749

-stucco damage Complaint #2022-11601 P 25 JSI Date: 2/1/2023 at 10:00 AM JSI address: 10020 East Moccasin Place, Tucson, JSI PHOTOS AZ 85749 Complaint #2022-11601 P 26 JSI Date: 2/1/2023 at 10:00 AM JSI address: 10020 East Moccasin Place, Tucson, JSI PHOTOS AZ 85749 Complaint #2022-11601 P 27 JSI Date: 2/1/2023 at 10:00 AM JSI address: 10020 East Moccasin Place, Tucson, JSI PHOTOS AZ 85749 Complaint #2022-11601 P 28 JSI Date: 2/1/2023 at 10:00 AM JSI address: 10020 East Moccasin Place, Tucson, JSI PHOTOS AZ 85749 Complaint #2022-11601 P 29 JSI Date: 2/1/2023 at 10:00 AM JSI address: 10020 East Moccasin Place, Tucson, JSI PHOTOS AZ 85749 Katie Hobbs, Governor Jeffrey L. Fleetham, Director

Complainant: Linda Griffith 10020 East Moccasin Place Tucson, AZ 85749

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 Jeffrey L. Fleetham, Director

Respondent: J & B Construction & Maintenance Services LLC DBA: 1966 E Calle De Arcos Tempe, AZ 85284

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 Jeffrey L. Fleetham, Director

January 4, 2023

Jobsite Inspection Notice Re: Complaint Number 2022-11601

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for January 19, 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 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C008 05/21 Katie Hobbs, 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, Arlo Houston Arlo Houston, Investigator #185 (520) 628-6895 [email redacted] 1700 W Washington St., Ste 105 Phoenix, Arizona 85007

CC:

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 Jeffrey L. Fleetham, 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 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C008 05/21 Katie Hobbs, 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 Katie Hobbs, 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 Jeffrey L. Fleetham, Director

Complainant: Linda Griffith 10020 East Moccasin Place Tucson, AZ 85749

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 C010 04/21 Katie Hobbs, Governor Jeffrey L. Fleetham, Director

Respondent: J & B Construction & Maintenance Services LLC DBA: 1966 E Calle De Arcos Tempe, AZ 85284

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 C010 04/21 Katie Hobbs, Governor Jeffrey L. Fleetham, Director

January 18, 2023

Re: Complaint Number 2022-11601

Dear Complainant and Respondent:

Due to a conflict in scheduling of one of the parties, the jobsite inspection scheduled for January 19, 2023 at 10:00 AM has been rescheduled for February 1, 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,

Arlo Houston Arlo Houston, Investigator #185 (520) 628-6895 [email redacted] 1700 W Washington St., Ste 105 Phoenix, Arizona 85007

CC:

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 C010 04/21 0123ÿ5367839ÿ 123 36783913 3

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Complainant: Linda Griffith 10020 East Moccasin Place Tucson, AZ 85749

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: J & B Construction & Maintenance Services LLC DBA: 1966 E Calle De Arcos Tempe, AZ 85284

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 17, 2023

License No. ROC 276288

Re:Complaint No. 2022-11601

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 February 13, 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:

Submit an updated version of a contract template to the Registrar that complies with the provisions of A.R.S. § 32-1158

Compliance Item: 1 - "Pima County requires resubmission of electrical plan based on actual existing service in order to obtain a legitimate permit to proceed with providing electricity to addition." Investigator’s Observation: Verified. Pima County Development Services specified that the panel calculations that were originally submitted

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

needed to be resubmitted. 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 - "Stucco falling off around windows needs more durable solution implemented and assured 30 year warranty." Investigator’s Observation: Verified. Upon inspection at this JSI I observed for: -voids in stucco system around windows -stucco depth of stucco around windows does not meet 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: 8 - "Damaged stucco and exterior paint by stairway (bottom and top) needs repair." Investigator’s Observation: Verified. Upon inspection at this JSI I observed for: -damaged stucco and/or paint next to exterior stairs 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: 9 - "Large hole in stucco beneath patio door." Investigator’s Observation: Verified. Upon inspection at this JSI I observed for: -void in stucco system below patio door on right side 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: 38 - "South bathroom shower NW wall corner drywall finishing repair." Investigator’s Observation: Verified. Upon inspection at this JSI I observed for: -area of poorly finished drywall 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: 47 - "West front room ceiling drywall tape protruding and loose." Investigator’s Observation: Verified. Upon inspection at this JSI I observed for: -area of poorly finished drywall 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: 48 - "Drywall finishing to door connecting existing house incomplete." Investigator’s Observation: Verified. Upon inspection at this JSI I observed for: -area of poorly finished drywall 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: 51 - "Stucco cracked at base of parapet on which stair railing was affixed. (Is the parapet stable?)" Investigator’s Observation: Verified. Upon inspection at this JSI I observed for: -stucco damage in this area 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: 52 - "Repair roof seal torn by electricians and pick up screws they left on roof." Investigator’s Observation: Verified. Upon inspection at this JSI I observed for: -peeled/damaged elastomeric coating around area of solatube and rooftop mounted HVAC unit 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

Departure from or disregard of: (a) Plans or specifications in any material respect that is prejudicial to another without consent of the owner or the owner's duly authorized representative and without the consent of the person entitled to have the particular construction project or operation completed in accordance with such plans and specifications and code.

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

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

Compliance Item: 3 - "Insulated, water and insect-proof enclosure for water heater and exposed water lines needs to be installed at the same time a new hot water heater is installed." Investigator’s Observation: Unverified. Statement by complainant which does not contain a workmanship related issue for me to observe and report on and unable to verify as no evidence to prove or verify complaint item constitutes poor work. Governing Rule: N/A

Compliance Item: 4 - "Plumbing needs to be drained/pipes blown out to protect from freezing in absence of heat." Investigator’s Observation: Unverified. Statement by complainant which does not contain a workmanship related issue for me to observe and report on and unable to verify as no evidence to prove or verify complaint item constitutes poor work due to the complaint item being incomplete. Governing Rule: N/A

Compliance Item: 6 - "When both porches and the stairway landing slab were torn out and lowered, dirt treated for termites was removed. Dirt was NOT retreated before repouring new slabs. All repoured slabs now require professional drilling and sub-slab treatment."

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

Investigator’s Observation: Unverified. This item resolved by respondent prior to JSI. Governing Rule: N/A

Compliance Item: 7 - "There are now termites in the walls as evidenced by mud tunnels on the interior wall under the front window by the door. Entire building needs professional inspection and treatment." Investigator’s Observation: Unverified. This item resolved by respondent prior to JSI. Governing Rule: N/A

Compliance Item: 10 - "Inspect for proper screed on all areas-- some bent, some seeming to be incomplete." Investigator’s Observation: Unverified. Upon inspection at this JSI the complainant specified they believed weep screed was missing from the area below the patio door on the right. I observed for installed weep screed in this area. Governing Rule: N/A

Compliance Item: 11 - "Septic pipe of unknown use protruding and uncapped." Investigator’s Observation: Unverified. Work for this item performed by others hired by complainant. Governing Rule: N/A

Compliance Item: 12 - "Damaged fence needs to be repaired: set upright and snake fence buried 3" below ground, unused wire fencing separated from snake fence, rolled up and salvaged." Investigator’s Observation: Unverified. This item resolved by

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 prior to JSI. Governing Rule: N/A

Compliance Item: 13 - "Fence end post to be set in ground for proper termination of repaired, upright fencing." Investigator’s Observation: Unverified. This item resolved by respondent prior to JSI. Governing Rule: N/A

Compliance Item: 14 - "Missing window screens need to be ordered and installed." Investigator’s Observation: Unverified. Statement by complainant which does not contain a workmanship related issue for me to observe and report on and unable to verify as no evidence to prove or verify complaint item constitutes poor work due to the complaint item being incomplete. Governing Rule: N/A

Compliance Item: 15 - "South bathroom toilet rocks and bangs against wall." Investigator’s Observation: Unverified. Unable to verify as no evidence to prove or verify complaint item constitutes poor work due to the complaint item being incomplete. Governing Rule: N/A

Compliance Item: 16 - "South bathroom vanity door on backwards." Investigator’s Observation: Unverified. This item resolved by respondent prior to JSI. 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

Compliance Item: 17 - "All baseboard tile needs (especially around door trim) to be inspected, grouted and finished along the top to match adjacent." Investigator’s Observation: Unverified. This item resolved by respondent prior to JSI. Governing Rule: N/A

Compliance Item: 18 - "Solatube installations need to be completed." Investigator’s Observation: Unverified. Statement by complainant which does not contain a workmanship related issue for me to observe and report on and unable to verify as no evidence to prove or verify complaint item constitutes poor work due to the complaint item being incomplete. Governing Rule: N/A

Compliance Item: 19 - "Installation and repair of baseboard floor tile where removed around trim on all doors to match finish of previously installed baseboards." Investigator’s Observation: Unverified. This item resolved by respondent prior to JSI. Governing Rule: N/A

Compliance Item: 20 - "2 bathroom showers missing fixtures." Investigator’s Observation: Unverified. Statement by complainant which does not contain a workmanship related issue for me to observe and report on and unable to verify as no evidence to prove or verify complaint item constitutes poor work due to the complaint item being incomplete. Governing Rule: N/A

Compliance Item: 21 - "2 Bathrooms require fixture installations (towel racks, etc.)." Investigator’s Observation: Unverified. Statement by complainant

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: 22 - "Kitchen counter and sink installation." Investigator’s Observation: Unverified. Statement by complainant which does not contain a workmanship related issue for me to observe and report on and unable to verify as no evidence to prove or verify complaint item constitutes poor work due to the complaint item being incomplete. Governing Rule: N/A

Compliance Item: 23 - "Electrical fixtures and receptacle installation." Investigator’s Observation: Unverified. Statement by complainant which does not contain a workmanship related issue for me to observe and report on and unable to verify as no evidence to prove or verify complaint item constitutes poor work due to the complaint item being incomplete. Governing Rule: N/A

Compliance Item: 24 - "Correct door knobs and lock need to be installed, including entry as specified [Owner needs to be reimbursed for office door lock and patio door locks paid for and installed]." Investigator’s Observation: Unverified. Statement by complainant which does not contain a workmanship related issue for me to observe and report on and unable to verify as no evidence to prove or verify complaint item constitutes poor work due to the complaint item being incomplete. Additionally, this item represents a disputed money amount that the Registrar lacks jurisdiction to resolve. 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

Compliance Item: 25 - "Cabinet hardware and locks need to be installed as specified." Investigator’s Observation: Unverified. Statement by complainant which does not contain a workmanship related issue for me to observe and report on and unable to verify as no evidence to prove or verify complaint item constitutes poor work due to the complaint item being incomplete. Governing Rule: N/A

Compliance Item: 26 - "Gate and hardware installation (to be agreed upon by owner) on deck opening to roof." Investigator’s Observation: Unverified. Statement by complainant which does not contain a workmanship related issue for me to observe and report on and unable to verify as no evidence to prove or verify complaint item constitutes poor work due to the complaint item being incomplete. Governing Rule: N/A

Compliance Item: 27 - "Trim and hardware on door connecting to existing house." Investigator’s Observation: Unverified. Statement by complainant which does not contain a workmanship related issue for me to observe and report on and unable to verify as no evidence to prove or verify complaint item constitutes poor work due to the complaint item being incomplete. Governing Rule: N/A

Compliance Item: 28 - "Confirmation that concrete spiral stair landing is of correct size." Investigator’s Observation: Unverified. Upon inspection at this JSI complainant said they were satisfied with work related to this item. 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

Compliance Item: 29 - "Confirmation of working HVAC system wtih assured 10 year warranty." Investigator’s Observation: Unverified. Statement by complainant which does not contain a workmanship related issue for me to observe and report on and unable to verify as no evidence to prove or verify complaint item constitutes poor work due to the complaint item being incomplete. Governing Rule: N/A

Compliance Item: 30 - "Interior and site clean up, including trash removal. windows cleaned, floors mopped, cabinets dusted, bathrooms cleaned, porches swept." Investigator’s Observation: Unverified. Statement by complainant which does not contain a workmanship related issue for me to observe and report on and unable to verify as no evidence to prove or verify complaint item constitutes poor work due to the complaint item being incomplete. Governing Rule: N/A

Compliance Item: 31 - "Pressure testing for air infiltration given multiple concealed insulation and sealing failures." Investigator’s Observation: Unverified. Statement by complainant which does not contain a workmanship related issue for me to observe and report on and unable to verify as no evidence to prove or verify complaint item constitutes poor work due to the complaint item being incomplete. Governing Rule: N/A

Compliance Item: 32 - "Confirmation of proper roofing with assurance of 10 year warranty." Investigator’s Observation: Unverified. Statement by complainant which does not contain a workmanship related issue for me to observe and

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

report on. Governing Rule: N/A

Compliance Item: 33 - "Finish staining front door frame." Investigator’s Observation: Unverified. This item resolved by respondent prior to JSI. Governing Rule: N/A

Compliance Item: 34 - "All nail holes filled and interior trim painted." Investigator’s Observation: Unverified. Statement by complainant which does not contain a workmanship related issue for me to observe and report on and unable to verify as no evidence to prove or verify complaint item constitutes poor work due to the complaint item being incomplete. Governing Rule: N/A

Compliance Item: 35 - "Damage to ceiling in kitchen repaired and painted." Investigator’s Observation: Unverified. This item resolved by respondent prior to JSI. Governing Rule: N/A

Compliance Item: 36 - "Tape, trim paint around refrigerator water supply box." Investigator’s Observation: Unverified. This item resolved by respondent prior to JSI. Governing Rule: N/A

Compliance Item: 37 - "Inspect and repair all baseboards where incompletely grouted and paint inconsistently joining the tile." Investigator’s Observation: Unverified. Duplicate item from item 17. 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

Compliance Item: 39 - "2 bathroom vents installed." Investigator’s Observation: Unverified. Statement by complainant which does not contain a workmanship related issue for me to observe and report on and unable to verify as no evidence to prove or verify complaint item constitutes poor work due to the complaint item being incomplete. Governing Rule: N/A

Compliance Item: 40 - "2 Bathroom medicine cabinets installed." Investigator’s Observation: Unverified. Statement by complainant which does not contain a workmanship related issue for me to observe and report on and unable to verify as no evidence to prove or verify complaint item constitutes poor work due to the complaint item being incomplete. Governing Rule: N/A

Compliance Item: 41 - "North shower stall cleaned (top to bottom, including drywall mud) and inspected for damage to pan." Investigator’s Observation: Unverified. Statement by complainant which does not contain a workmanship related issue for me to observe and report on and unable to verify as no evidence to prove or verify complaint item constitutes poor work due to the complaint item being incomplete. Governing Rule: N/A

Compliance Item: 42 - "2 Bathroom shower drain sealant messes cleaned up." Investigator’s Observation: Unverified. Statement by complainant which does not contain a workmanship related issue for me to observe and report on and unable to verify as no evidence to prove or verify complaint item constitutes poor work due to the complaint item being incomplete. 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

Compliance Item: 43 - "Hole and cracks around bathroom window repaired." Investigator’s Observation: Unverified. This item resolved by respondent prior to JSI. Governing Rule: N/A

Compliance Item: 44 - "All wall paint overspray onto window frames removed." Investigator’s Observation: Unverified. Unable to verify as no evidence to prove or verify complaint item constitutes poor work due to the complaint item being incomplete. Governing Rule: N/A

Compliance Item: 45 - "Damaged drywall in north bathroom repaired." Investigator’s Observation: Unverified. This item resolved by respondent prior to JSI. Governing Rule: N/A

Compliance Item: 46 - "HVAC hoses running through Solatube area in kitchen inspected for damage and damaged insulation on hoses repaired." Investigator’s Observation: Unverified. This item resolved by respondent prior to JSI. Governing Rule: N/A

Compliance Item: 49 - "Stucco cracked at threshold of front door." Investigator’s Observation: Unverified. Upon inspection at this JSI I observed for: -crack in stucco of less than 1/16" 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

Compliance Item: 50 - "Freeze-protected hose bib to be installed at patio door." Investigator’s Observation: Unverified. Emailed documentation provided by complainant, from 4/20/2021 between complainant and respondent, does not specify for freeze-protected hose bib in this location. Governing Rule: N/A

Compliance Item: 53 - "Repeated sink holes along foundation in southwest corner." Investigator’s Observation: Unverified. Upon inspection at this JSI I did not observe for sinkholes in this area and I was unable to determine if sinkholes are present in this area. Governing Rule: N/A

Compliance Item: 54 - "Any additional confirmations, tests and inspections required to obtain certificate of occupancy and fully meet all terms of the contractual agreement." Investigator’s Observation: Unverified. Statement by complainant which does not contain a workmanship related issue for me to observe and report on. Governing Rule: N/A

Compliance Item: 55 - "Stair slab not corrected as required by 12/23/21building inspection: "Weep screed requires a minimum of two inch clearance to hardscape". The slab is also sloping significantly to direct water toward the foundation instead of away. Identified during termite inspection as a likely vulnerability for chronic termite infestation." Investigator’s Observation: Unverified. Pima County Development Services passed this item on Intermediate inspection on 2/2/2022. 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

Compliance Item: 56 - "Need copy of certificate proving termite treatment was done under main slab." Investigator’s Observation: Unverified. This item resolved by respondent prior to JSI. Governing Rule: N/A

Compliance Item: 57 - "Termite treatment needed for active infestation at interior front wall with preventative treatment reapplied beneath both porches and stair slab since removal of treated soil to lower slabs has caused active infestation. Termite inspector recommends perimeter treatment due to active presence of termites in the building. (Request that the termite treatment done by Ecopest, the company who already maintains the existing house and garage with botanical/natural chemicals that 1) are not a respiratory irritant and 2) not harmful to birds and wildlife living on the property,)." Investigator’s Observation: Unverified. This item resolved by respondent prior to JSI. Governing Rule: N/A

Compliance Item: 58 - "Electrician disconnected and failed to properly reconnect Transfer Panel circuits #5 and #11 to Main Panel. Neither critical circuit is receiving grid power when switched from solar power as required during prolonged cloudy days and had been properly functioning prior to electrician's disconnection of them." Investigator’s Observation: Unverified. No evidence provided by complainant at time of JSI to verify for this allegation. Additionally, complainant specified at time of JSI that they had altered the electrical system and electrical service of the home by installing an electrical transfer switch and solar power generation system without obtaining the required building permit

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

from Pima County Development Services. Governing Rule: N/A

Compliance Item: 59 - "2 fence posts for gate moved by Lino Silva to clear for construction area not finished. Need to be trimmed to same height as top of gate." Investigator’s Observation: Unverified. Statement by complainant which does not contain a workmanship related issue for me to observe and report on and unable to verify as no evidence to prove or verify complaint item constitutes poor work due to the complaint item being incomplete. Governing Rule: N/A

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

Sincerely,

Arlo Houston Arlo Houston, Investigator #185 (520) 628-6895 [email redacted] 1700 W Washington St., Ste 105 Phoenix, Arizona 85007

CC:

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

Jobsite Inspection Notes

Case No.: 2022-11601 Investigator: Arlo Houston Inspection Date: February 1, 2023 Inspection Time: 10:00 AM

Complainant: Linda Griffith Respondent: J & B Construction & Not Present: Maintenance Services LLC Not Present:

Jobsite General Notes: Arrived at Complainant’s jobsite location at 10:00 AM. Pictures taken with Registrar of Contractors agency issued camera - Canon PowerShot ELPH180. Audio recorded with Registrar of Contractors agency issued digital audio recorder - Olympus Digital Voice Recorder DS-30. Complainant, Linda Griffith, present. Respondent, John Baragona, and employees Sean Ryan and Fernando Vasquez, present.

Complaint Item: 1 - "Pima County requires resubmission of electrical plan based on actual existing service in order to obtain a legitimate permit to proceed with providing electricity to addition." Investigator’s Observation: Verified. Pima County Development Services specified that the panel calculations that were originally submitted needed to be resubmitted. 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: 2 - "Dangerous hot water heater with voided warranty is connected to 220v cables. Needs to be disconnected and replaced with brand new unit." Investigator’s Observation: Unverified. No evidence provided by

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

complainant to verify for this allegation. Governing Rule: N/A

Complaint Item: 3 - "Insulated, water and insect-proof enclosure for water heater and exposed water lines needs to be installed at the same time a new hot water heater is installed." Investigator’s Observation: Unverified. Statement by complainant which does not contain a workmanship related issue for me to observe and report on and unable to verify as no evidence to prove or verify complaint item constitutes poor work. Reference JSI pic(s): 2 Governing Rule: N/A

Complaint Item: 4 - "Plumbing needs to be drained/pipes blown out to protect from freezing in absence of heat." Investigator’s Observation: Unverified. Statement by complainant which does not contain a workmanship related issue for me to observe and report on and unable to verify as no evidence to prove or verify complaint item constitutes poor work due to the complaint item being incomplete. Governing Rule: N/A

Complaint Item: 5 - "Stucco falling off around windows needs more durable solution implemented and assured 30 year warranty." Investigator’s Observation: Verified. Upon inspection at this JSI I observed for: -voids in stucco system around windows -stucco depth of stucco around windows does not meet standards Reference JSI pic(s): 2-4 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: 6 - "When both porches and the stairway landing slab were torn out and lowered, dirt treated for termites was removed. Dirt was NOT retreated before repouring new slabs. All repoured slabs now require professional drilling and sub-slab treatment." Investigator’s Observation: Unverified. This item resolved by respondent prior to JSI. Governing Rule: N/A

Complaint Item: 7 - "There are now termites in the walls as evidenced by mud tunnels on the interior wall under the front window by the door. Entire building needs professional inspection and treatment." Investigator’s Observation: Unverified. This item resolved by respondent prior to JSI. Governing Rule: N/A

Complaint Item: 8 - "Damaged stucco and exterior paint by stairway (bottom and top) needs repair." Investigator’s Observation: Verified. Upon inspection at this JSI I observed for: -damaged stucco and/or paint next to exterior stairs Reference JSI pic(s): 5 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 - "Large hole in stucco beneath patio door." Investigator’s Observation: Verified. Upon inspection at this JSI I observed for: -void in stucco system below patio door on right side Reference JSI pic(s): 6 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 RCC100 08/19

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

Complaint Item: 10 - "Inspect for proper screed on all areas-- some bent, some seeming to be incomplete." Investigator’s Observation: Unverified. Upon inspection at this JSI the complainant specified they believed weep screed was missing from the area below the patio door on the right. I observed for installed weep screed in this area. Governing Rule: N/A

Complaint Item: 11 - "Septic pipe of unknown use protruding and uncapped." Investigator’s Observation: Unverified. Work for this item performed by others hired by complainant. Reference JSI pic(s): 7 Governing Rule: N/A

Complaint Item: 12 - "Damaged fence needs to be repaired: set upright and snake fence buried 3" below ground, unused wire fencing separated from snake fence, rolled up and salvaged." Investigator’s Observation: Unverified. This item resolved by respondent prior to JSI. Governing Rule: N/A

Complaint Item: 13 - "Fence end post to be set in ground for proper termination of repaired, upright fencing." Investigator’s Observation: Unverified. This item resolved by respondent prior to JSI. 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

unable to verify as no evidence to prove or verify complaint item constitutes poor work due to the complaint item being incomplete. Reference JSI pic(s): Governing Rule: N/A

Complaint Item: 15 - "South bathroom toilet rocks and bangs against wall." Investigator’s Observation: Unverified. Unable to verify as no evidence to prove or verify complaint item constitutes poor work due to the complaint item being incomplete. Reference JSI pic(s): 8 Governing Rule: N/A

Complaint Item: 16 - "South bathroom vanity door on backwards." Investigator’s Observation: Unverified. This item resolved by respondent prior to JSI. Governing Rule: N/A

Complaint Item: 17 - "All baseboard tile needs (especially around door trim) to be inspected, grouted and finished along the top to match adjacent." Investigator’s Observation: Unverified. Statement by complainant which does not contain a workmanship related issue for me to observe and report on and unable to verify as no evidence to prove or verify complaint item constitutes poor work due to the complaint item being incomplete. Reference JSI pic(s): 9 Governing Rule: N/A

Complaint Item: 18 - "Solatube installations need to be completed." Investigator’s Observation: Unverified. Statement by complainant which does not contain a workmanship related issue for me to observe and report on and unable to verify as no evidence to prove or verify complaint item constitutes poor work due to the complaint item being incomplete. Reference JSI pic(s): 10 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: 19 - "Installation and repair of baseboard floor tile where removed around trim on all doors to match finish of previously installed baseboards." Investigator’s Observation: Unverified. This item resolved by respondent prior to JSI. Governing Rule: N/A

Complaint Item: 20 - "2 bathroom showers missing fixtures." Investigator’s Observation: Unverified. Statement by complainant which does not contain a workmanship related issue for me to observe and report on and unable to verify as no evidence to prove or verify complaint item constitutes poor work due to the complaint item being incomplete. Reference JSI pic(s): 11 Governing Rule: N/A

Complaint Item: 21 - "2 Bathrooms require fixture installations (towel racks, etc.)." Investigator’s Observation: Unverified. Statement by complainant which does not contain a workmanship related issue for me to observe and report on and unable to verify as no evidence to prove or verify complaint item constitutes poor work due to the complaint item being incomplete. Reference JSI pic(s): 12 Governing Rule: N/A

Complaint Item: 22 - "Kitchen counter and sink installation." Investigator’s Observation: Unverified. Statement by complainant which does not contain a workmanship related issue for me to observe and report on and unable to verify as no evidence to prove or verify complaint item constitutes poor work due to the complaint item being incomplete. Reference JSI pic(s): 13 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: 23 - "Electrical fixtures and receptacle installation." Investigator’s Observation: Unverified. Statement by complainant which does not contain a workmanship related issue for me to observe and report on and unable to verify as no evidence to prove or verify complaint item constitutes poor work due to the complaint item being incomplete. Governing Rule: N/A

Complaint Item: 24 - "Correct door knobs and lock need to be installed, including entry as specified [Owner needs to be reimbursed for office door lock and patio door locks paid for and installed]." Investigator’s Observation: Unverified. Statement by complainant which does not contain a workmanship related issue for me to observe and report on and unable to verify as no evidence to prove or verify complaint item constitutes poor work due to the complaint item being incomplete. Additionally, this item represents a disputed money amount that the Registrar lacks jurisdiction to resolve. Reference JSI pic(s): 14 Governing Rule: N/A

Complaint Item: 25 - "Cabinet hardware and locks need to be installed as specified." Investigator’s Observation: Unverified. Statement by complainant which does not contain a workmanship related issue for me to observe and report on and unable to verify as no evidence to prove or verify complaint item constitutes poor work due to the complaint item being incomplete. Reference JSI pic(s): 15 Governing Rule: N/A

Complaint Item: 26 - "Gate and hardware installation (to be agreed upon by owner) on deck opening to roof." Investigator’s Observation: Unverified. Statement by complainant which

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

does not contain a workmanship related issue for me to observe and report on and unable to verify as no evidence to prove or verify complaint item constitutes poor work due to the complaint item being incomplete. Governing Rule: N/A

Complaint Item: 27 - "Trim and hardware on door connecting to existing house." Investigator’s Observation: Unverified. Statement by complainant which does not contain a workmanship related issue for me to observe and report on and unable to verify as no evidence to prove or verify complaint item constitutes poor work due to the complaint item being incomplete. Reference JSI pic(s): 14 Governing Rule: N/A

Complaint Item: 29 - "Confirmation of working HVAC system wtih assured 10 year warranty." Investigator’s Observation: Unverified. Statement by complainant which does not contain a workmanship related issue for me to observe and report on and unable to verify as no evidence to prove or verify complaint item constitutes poor work due to the complaint item being incomplete. Reference JSI pic(s): 17 Governing Rule: N/A

Complaint Item: 30 - "Interior and site clean up, including trash removal. windows cleaned, floors mopped, cabinets dusted, bathrooms cleaned, porches swept." 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

Investigator’s Observation: Unverified. Statement by complainant which does not contain a workmanship related issue for me to observe and report on and unable to verify as no evidence to prove or verify complaint item constitutes poor work due to the complaint item being incomplete. Governing Rule: N/A

Complaint Item: 31 - "Pressure testing for air infiltration given multiple concealed insulation and sealing failures." Investigator’s Observation: Unverified. Statement by complainant which does not contain a workmanship related issue for me to observe and report on and unable to verify as no evidence to prove or verify complaint item constitutes poor work due to the complaint item being incomplete. Governing Rule: N/A

Complaint Item: 32 - "Confirmation of proper roofing with assurance of 10 year warranty." Investigator’s Observation: Unverified. Statement by complainant which does not contain a workmanship related issue for me to observe and report on. Governing Rule: N/A

Complaint Item: 33 - "Finish staining front door frame." Investigator’s Observation: Unverified. This item resolved by respondent prior to JSI. Governing Rule: N/A

Complaint Item: 34 - "All nail holes filled and interior trim painted." Investigator’s Observation: Unverified. Statement by complainant which does not contain a workmanship related issue for me to observe and report on and unable to verify as no evidence to prove or verify complaint item constitutes poor work due to the complaint item being incomplete. 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: 35 - "Damage to ceiling in kitchen repaired and painted." Investigator’s Observation: Unverified. This item resolved by respondent prior to JSI. Governing Rule: N/A

Complaint Item: 36 - "Tape, trim paint around refrigerator water supply box." Investigator’s Observation: Unverified. This item resolved by respondent prior to JSI. Governing Rule: N/A

Complaint Item: 37 - "Inspect and repair all baseboards where incompletely grouted and paint inconsistently joining the tile." Investigator’s Observation: Unverified. Duplicate item from item 17. Governing Rule: N/A

Complaint Item: 38 - "South bathroom shower NW wall corner drywall finishing repair." Investigator’s Observation: Verified. Upon inspection at this JSI I observed for: -area of poorly finished drywall 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: 39 - "2 bathroom vents installed." Investigator’s Observation: Unverified. Statement by complainant which does not contain a workmanship related issue for me to observe and report on and unable to verify as no evidence to prove or verify complaint item constitutes poor work due to the complaint item being incomplete. Governing Rule: N/A

Complaint Item: 40 - "2 Bathroom medicine cabinets installed." Investigator’s Observation: Unverified. Statement by complainant which

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: 41 - "North shower stall cleaned (top to bottom, including drywall mud) and inspected for damage to pan." Investigator’s Observation: Unverified. Statement by complainant which does not contain a workmanship related issue for me to observe and report on and unable to verify as no evidence to prove or verify complaint item constitutes poor work due to the complaint item being incomplete. Reference JSI pic(s): 18 Governing Rule: N/A

Complaint Item: 42 - "2 Bathroom shower drain sealant messes cleaned up." Investigator’s Observation: Unverified. Statement by complainant which does not contain a workmanship related issue for me to observe and report on and unable to verify as no evidence to prove or verify complaint item constitutes poor work due to the complaint item being incomplete. Reference JSI pic(s): 19 Governing Rule: N/A

Complaint Item: 43 - "Hole and cracks around bathroom window repaired." Investigator’s Observation: Unverified. This item resolved by respondent prior to JSI. Governing Rule: N/A

Complaint Item: 44 - "All wall paint overspray onto window frames removed." Investigator’s Observation: Unverified. Unable to verify as no evidence to prove or verify complaint item constitutes poor work due to the complaint item being incomplete. 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: 45 - "Damaged drywall in north bathroom repaired." Investigator’s Observation: Unverified. This item resolved by respondent prior to JSI. Governing Rule: N/A

Complaint Item: 46 - "HVAC hoses running through Solatube area in kitchen inspected for damage and damaged insulation on hoses repaired." Investigator’s Observation: Unverified. This item resolved by respondent prior to JSI. Reference JSI pic(s): 20 Governing Rule: N/A

Complaint Item: 47 - "West front room ceiling drywall tape protruding and loose." Investigator’s Observation: Verified. Upon inspection at this JSI I observed for: -area of poorly finished drywall Reference JSI pic(s): 21 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: 48 - "Drywall finishing to door connecting existing house incomplete." Investigator’s Observation: Verified. Upon inspection at this JSI I observed for: -area of poorly finished drywall Reference JSI pic(s): 14 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: 49 - "Stucco cracked at threshold of front door." Investigator’s Observation: Unverified. Upon inspection at this JSI I observed for: -crack in stucco of less than 1/16" Reference JSI pic(s): 22 Governing Rule: N/A

Complaint Item: 50 - "Freeze-protected hose bib to be installed at patio door." Investigator’s Observation: Unverified. Emailed documentation provided by complainant, from 4/20/2021 between complainant and respondent, does not specify for freeze-protected hose bib in this location. Reference JSI pic(s): 23 Governing Rule: N/A

Complaint Item: 51 - "Stucco cracked at base of parapet on which stair railing was affixed. (Is the parapet stable?)" Investigator’s Observation: Verified. Upon inspection at this JSI I observed for: -stucco damage in this area Reference JSI pic(s): 24 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: 52 - "Repair roof seal torn by electricians and pick up screws they left on roof." Investigator’s Observation: Verified. Upon inspection at this JSI I observed for: -peeled/damaged elastomeric coating around area of solatube and rooftop mounted HVAC unit Reference JSI pic(s): 17 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 RCC100 08/19

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

Complaint Item: 53 - "Repeated sink holes along foundation in southwest corner." Investigator’s Observation: Unverified. Upon inspection at this JSI I did not observe for sinkholes in this area and I was unable to determine if sinkholes are present in this area. Reference JSI pic(s): 25 Governing Rule: N/A

Complaint Item: 54 - "Any additional confirmations, tests and inspections required to obtain certificate of occupancy and fully meet all terms of the contractual agreement." Investigator’s Observation: Unverified. Statement by complainant which does not contain a workmanship related issue for me to observe and report on. Governing Rule: N/A

Complaint Item: 55 - "Stair slab not corrected as required by 12/23/21building inspection: "Weep screed requires a minimum of two inch clearance to hardscape". The slab is also sloping significantly to direct water toward the foundation instead of away. Identified during termite inspection as a likely vulnerability for chronic termite infestation." Investigator’s Observation: Unverified. Pima County Development Services passed this item on Intermediate inspection on 2/2/2022. Reference JSI pic(s): 16 Governing Rule: N/A

Complaint Item: 56 - "Need copy of certificate proving termite treatment was done under main slab." Investigator’s Observation: Unverified. This item resolved by respondent prior to JSI. 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: 57 - "Termite treatment needed for active infestation at interior front wall with preventative treatment reapplied beneath both porches and stair slab since removal of treated soil to lower slabs has caused active infestation. Termite inspector recommends perimeter treatment due to active presence of termites in the building. (Request that the termite treatment done by Ecopest, the company who already maintains the existing house and garage with botanical/natural chemicals that 1) are not a respiratory irritant and 2) not harmful to birds and wildlife living on the property,)." Investigator’s Observation: Unverified. This item resolved by respondent prior to JSI. Governing Rule: N/A

Complaint Item: 58 - "Electrician disconnected and failed to properly reconnect Transfer Panel circuits #5 and #11 to Main Panel. Neither critical circuit is receiving grid power when switched from solar power as required during prolonged cloudy days and had been properly functioning prior to electrician's disconnection of them." Investigator’s Observation: Unverified. No evidence provided by complainant at time of JSI to verify for this allegation. Additionally, complainant specified at time of JSI that they had altered the electrical system and electrical service of the home by installing an electrical transfer switch and solar power generation system without obtaining the required building permit from Pima County Development Services. Reference JSI pic(s): 26-27 Governing Rule: N/A

Complaint Item: 59 - "2 fence posts for gate moved by Lino Silva to clear for construction area not finished. Need to be trimmed to same height as top of gate." Investigator’s Observation: Unverified. Statement by complainant which does not contain a workmanship related issue for me to observe and report on and

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

unable to verify as no evidence to prove or verify complaint item constitutes poor work due to the complaint item being incomplete. Reference JSI pic(s): 28 Governing Rule: N/A

Complaint Item: 60 - "Spiral stair installation not finished. Center post needs to be cut down from 6' above stair landing to 40" above landing." Investigator’s Observation: Verified. Upon inspection at this JSI I observed for: -top of center column of stairs not installed/trimmed to height specified in plans Reference JSI pic(s): 29 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

Katie Hobbs, Governor Martín Quezada, Director

Complainant: Linda Griffith 10020 East Moccasin Place Tucson, AZ 85749

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: J & B Construction & Maintenance Services LLC DBA: 1966 E Calle De Arcos Tempe, AZ 85284

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 22, 2023

License No. ROC 276288

Re:Complaint No. 2022-11601

AMENDED WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

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

Submit an updated version of a contract template to the Registrar that complies with the provisions of A.R.S. § 32-1158

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

needed to be resubmitted. 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: 2 - "Dangerous hot water heater with voided warranty is connected to 220v cables. Needs to be disconnected and replaced with brand new unit." Investigator’s Observation: Verified. The complainant provided documentation, subsequent to the issuance of the written directive, evidencing that the tankless water heater installation was not completed per manufacturer installation specifications. 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 - "Damaged stucco and exterior paint by stairway (bottom and top) needs repair."

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

Investigator’s Observation: Verified. Upon inspection at this JSI I observed for: -damaged stucco and/or paint next to exterior stairs 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

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: 60 - "Spiral stair installation not finished. Center post needs to be cut down from 6' above stair landing to 40" above landing." Investigator’s Observation: Verified. Upon inspection at this JSI I observed for: -top of center column of stairs not installed/trimmed to height specified in plans 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. Departure from or disregard of: (a) Plans or specifications in any material respect that is prejudicial to another without consent of the owner or the owner's duly authorized representative and without the consent of the person entitled to have the particular construction project or operation completed in accordance with such plans and specifications and code.

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

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

constitutes poor work due to the complaint item being incomplete. Governing Rule: N/A

Compliance Item: 11 - "Septic pipe of unknown use protruding and uncapped." Investigator’s Observation: Unverified. Work for this item performed

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

by others hired by complainant. 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

Compliance Item: 16 - "South bathroom vanity door on backwards." Investigator’s Observation: Unverified. This item resolved by respondent prior to JSI. 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

constitutes poor work due to the complaint item being incomplete. Governing Rule: N/A

Compliance Item: 21 - "2 Bathrooms require fixture installations (towel racks, etc.)." Investigator’s Observation: Unverified. Statement by complainant which does not contain a workmanship related issue for me to observe and report on and unable to verify as no evidence to prove or verify complaint item constitutes poor work due to the complaint item being incomplete. 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

which does not contain a workmanship related issue for me to observe and report on and unable to verify as no evidence to prove or verify complaint item constitutes poor work due to the complaint item being incomplete. Additionally, this item represents a disputed money amount that the Registrar lacks jurisdiction to resolve. 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

constitutes poor work due to the complaint item being incomplete. Governing Rule: N/A

Compliance Item: 33 - "Finish staining front door frame." Investigator’s Observation: Unverified. This item resolved by respondent prior to JSI. Governing Rule: N/A

Compliance Item: 35 - "Damage to ceiling in kitchen repaired and painted." Investigator’s Observation: Unverified. This item resolved by respondent prior to JSI. Governing Rule: N/A

Compliance Item: 36 - "Tape, trim paint around refrigerator water supply box." Investigator’s Observation: Unverified. This item resolved by

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 prior to JSI. 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

Compliance Item: 43 - "Hole and cracks around bathroom window repaired." Investigator’s Observation: Unverified. This item resolved by respondent prior to JSI. Governing Rule: N/A

Compliance Item: 45 - "Damaged drywall in north bathroom repaired." Investigator’s Observation: Unverified. This item resolved by respondent prior to JSI. 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

respondent prior to JSI. 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

Compliance Item: 58 - "Electrician disconnected and failed to properly reconnect Transfer Panel circuits #5 and #11 to Main Panel. Neither critical

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

circuit is receiving grid power when switched from solar power as required during prolonged cloudy days and had been properly functioning prior to electrician's disconnection of them." Investigator’s Observation: Unverified. No evidence provided by complainant at time of JSI to verify for this allegation. Additionally, complainant specified at time of JSI that they had altered the electrical system and electrical service of the home by installing an electrical transfer switch and solar power generation system without obtaining the required building permit from Pima County Development Services. Governing Rule: N/A

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

Sincerely,

Arlo Houston Arlo Houston, Investigator #185 (520) 628-6895 [email redacted] 1700 W Washington St., Ste 105 Phoenix, Arizona 85007

CC:

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

Complainant: Linda Griffith 10020 East Moccasin Place Tucson, AZ 85749

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C007 04/21 Katie Hobbs, Governor Martín Quezada, Director

Respondent: J & B Construction & Maintenance Services LLC DBA: 1966 E Calle De Arcos Tempe, AZ 85284

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C007 04/21 Katie Hobbs, Governor Martín Quezada, Director

March 13, 2023

Re: Complaint No. 2022-11601

Dear Complainant and Respondent:

After the initial filing of the complaint 2022-11601, the Complainant filed the attached amended complaint containing additional complaint items.

A jobsite inspection is scheduled March 23, 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 amended complaint items within fifteen (15) days of receiving this notice. If Respondent is not provided an opportunity to inspect the work within the fifteen (15) day time period, the Registrar may be prohibited from taking further action on the amended complaint items. 2. The Registrar may also be precluded from taking further action on the amended complaint items, if the work that is the subject of the amended complaint is subject to neglect, modification, or abnormal use. A.R.S. § 32-1155(D)(2) 3. You must provide safe access to any area to be inspected. If access to a roof or other elevated area is required, you must provide a means to safely access the area. Additionally, please secure any animals.

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

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

Arlo Houston Arlo Houston, Investigator #185 (520) 628-6895 [email redacted] 1700 W Washington St., Ste 105 Phoenix, Arizona 85007

CC:

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C007 04/21 Received by Investigations 3/13/2023

3/11/23 COMPLAINT ADDENDUM REGARDING STUCCO CONTRACTOR'S INTENT TO PATCH STUCCO DOES NOT MEET IRBC REQUIREMENTS

1) Patching 1/8" thick stucco around the windows does not comply with the building code.

2) The stucco application on the entire addition is only 1/8" - 3/16" thick and does not comply with the building code.

Beginning on the next page is a complete enforcement map of the Code sections and related industry and professional standards by which John Baragona is obligated to provide 3/4" of stucco over the entire structure.

Upon discovery that no more than 1/8"-3/16" was applied on all the walls (not just around windows), and upon further reflection after completing this research into the Code requirements that this is not merely a cosmetic concern given that stucco thickness of 3/4" provides significant energy conservation benefits through thermal lag when cooling and heating, and that the plan requires the stucco finish to match the existing house (which includes manner of window abutment), I am no longer willing to accept stucco less than the thickness required by the Building Code:

coats of 3/8" each for a total of 3/4" which is then painted.

As the contractor has repeatedly pointed out, stucco applied over the existing painted stucco will not adhere, I am asking the ROC to fully enforce the Arizona regulations governing licensed contractors and require that John Baragona remove the stucco applied in violation of the code and fully comply with the Building Code in a reapplication of the required 3/4" thickness over the entire structure.

3) Because the windows purchased by the contractor (Model 8130) are the wrong ones for the job (Model 8120 is the correct model), he failed to perform the planning and ordering of materials in a professional and workmanlike manner to support a code-compliant application of stucco matching the existing house. .

4) The windows were not installed in a professional and workmanlike manner having been improperly nailed to the sheathing (photos available). Installation over the 1" foam board is required to provide an edge against which stucco of the required thickness can solidly abut in a professional and workmanlike manner..

5) It is impossible to install Model 8130 windows in a manner that will match the finished stucco on the existing house as stipulated by the plans. Model 8120 is required.

I am requesting that the ROC require John Baragona to correct the problem of an insufficient window frame edge protrusion (in adequate for stucco abutment and not matching the stucco finish abutting the windows on the existing house) following consultation with Milgard and that he be required to produce an attestation from Milgard that his proposed remedy for extending the window frames outward (as an alternative to replacing them with the correct model to match the protrusion of the existing windows) DOES NOT VOID MILGARD'S WINDOW WARRANTY. Otherwise, the windows need to be replaced by Model 8120 windows and properly installed over the foam board insulation prior to reapplying the stucco per the IRBC. Received by Investigations 3/13/2023

COMPLETE ENFORCEMENT MAP OF THE CODE AND RELATED INDUSTRY AND PROFESSIONAL STANDARDS

A) Pima County does not require an inspection of stucco and has not conducted an inspection of the stucco J&B Construction applied to the building:

1) Pima County Building Inspection Records show that the most recent inspection related to stucco application was Intermediate and required that the lath and screed be visible, and thus stucco was not present on the building in any thickness for Intermediate Inspection. As the Pima County Building Inspection Requirements state:

8. Intermediate inspection (0140): All mechanical, plumbing, and electrical rough-ins and all framing will be inspected at this time. The roof shall be dried-in and loaded. Stucco lath shall be installed with all penetrations sealed.

2) That the stucco was not present for Intermediate Inspection is further substantiated by the inspection fail on 12/23/21 and requirement that the noncompliant installation of screed be corrected:

3) On 2/2/22 the screed was reinspected and passed, allowing the application of stucco to proceed.

0140 Intermediate Pass 02/02/2022 RICK WILBURG Ok to proceed/RDW 4192355

4) The 2/2/22 Thermal Envelope Inspection for which the owner was present on 7/12/22 was conducted entirely indoors, and did not include any examination of stucco. This is confirmed by the Pima County Building Inspection Requirements that define the scope of Thermal Envelope inspections:

9. Thermal envelope inspection (0150): Insulation installation (to Grade 1 specifications) and sealing will be inspected at this time. Insulation shall have correct R value, shall be installed to Grade 1 specifications; shall not be compressed and shall be cut and properly installed around all electrical devices/conductors, waste/vent pipes, etc. All exterior doors and windows shall have U Value and Solar Heat Gain Coefficient labels attached

B) In the absence of required stucco inspection it is entirely incumbent upon the contractor to perform the work in compliance with the building code and the ROC requirements for licensed contractors.

1) As agreed in the contract dated 3/9/20: Received by Investigations 3/13/2023

2) The IRBC requirements for stucco are:

3) Industry standards published by the Stucco Institute, applicable to Tucson, AZ further specify requirements for situations in which 2 coats plus paint (vs. 3 coats including a color coat) are allowable.

As 2 coats + paint were agreed upon in the contract, this the thickness of stucco John Baragona is required to apply to comply with the Building Code: Received by Investigations 3/13/2023

4) 3/8" SCRATCH + 3/8" BROWN COAT IS MINIMUM THICKNESS ALLOWED BY BUILDING CODE 5) APPROVED PLANS REQUIRE STUCCO APPLICATION TO COMPLY WITH IRBC Received by Investigations 3/13/2023

C) The Stucco Manufacturer's Association publication "Window Details for Stucco" provides clearcut instructions regarding the industry standard applicable to joining stucco to windows. In all cases, the obvious assumption is made that the contractor will provide the protruding window frame up against which the required thickness of stucco can cleanly abut:

C) THE CONTRACTOR EXHIBITED POOR WORKMANSHIP IN PLANNING AND EXECUTING THE WINDOW INSTALLATION

1) Milgard windows were specified. The Tuscany Series (economy) offers many flange mounting options to suit various insulation and exterior finish combinations from which the contractor was responsible for choosing an appropriate window model for installation in a code-complaint wall assembly:

1/2" sheathing on which 1" foam insulation + 1/8" wire lathe + 3/8" scratch coat + 3/8" brown coat applied: Received by Investigations 3/13/2023

If nailed onto the sheathing, the window mounting fin must have a setback of 1-7/8" minimum for the stucco to have the correct frame protrusion to be able to minimally abut flush with the finished surface.

2) Milgard Tuscony does not have a model with 1-7/8" setback as evidenced by the ordering information readily available on the manufacturer's website.

At that point, the contractor should have realized that the window flange would need to be mounted on top of the 1" foam insulation for the required 3/4" thickness of stucco to properly abut to the frame.

3) In fact, when foam insulation is being applied to the exterior, windows with nailing fins for new construction should be installed OVER the foam board to provide continuous insulation. This has been an industry standard for nearly two decades established by the U.S. Department of Energy, Office of Scientific and Technical Information in 2005.

Even if it is allowable for the contractor to use the thermally inferior method of nailing the mounting fin to the sheathing, that method constitutes poor workmanship on this project by failing to provide a means for applying stucco to the 3/4" depth required by the building code. Received by Investigations 3/13/2023

D) THE CONTRACTOR ORDERED THE WRONG WINDOWS FOR THE JOB

1)Installing the window mounting fin OVER the insulation reduces the minimum fin setback to 7/8".

The contractor ordered Model 8130 with 1" setback and stucco key

While Model 8130 would have provided the edge needed for 3/4" stucco depth and the key would have provided a clean, flush finish, the plan stipulated that the stucco and finish were to "match the existing home."

2) On the existing home, the window frame protrudes 1/2" beyond the stucco surface and does not have a stucco key. Therefore, the correct Milgard window for the job was Model 8120 with 1-3/8 setback and no stucco key. Received by Investigations 3/13/2023

3) Had the contractor A) ORDERED THE CORRECT WINDOW and B) INSTALLED IT TO INDUSTRY STANDARDS ESTABLISHED IN 2005 and C) PERFORMED INSTALLATION IN A PROFESSIONAL AND WORKMANLIKE MANNER....

Given the extent of code violation by incompetent planning, purchasing and installing of windows, coupled with non-compliant stucco application, John Baragona's proposed patching remedy for these serious and extensive failures to perform work in a professional and workmanlike manner is, ITSELF, an unprofessional and unworkmanlike response to the gravity of his performance failure. It speaks to a lack of knowledge of the building code, an inability to professionally assess the cause of material failure,and, given a proper assessment, an unprofessional and unworkmanlike refusal to correct serious mistakes with respect for the laws, safety and contractual rights of the owner. Received by Investigations 3/13/2023

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3/10/23 AMENDMENT TO ROC COMPLAINT No. 2022-11601

As substantiated by previously submitted copies of canceled checks totaling $50,000. and contractor's email dated 12/19/21 (below) confirming issuance of $20,206 credit as partial payment for refunds due in response to owner's demand for $24,275.85 dated 12/18/21, the owner has paid J&B Construction in-full the $70,206 to "construct complete home addition" as agreed in the contract dated 3/9/20.

After two years and three months after starting actual construction, the building is incomplete. John Baragona's lack of efficiency in completing work does not meet professional standards for completion in the timeframe expected of professional contractors. [See #1 SUPPORTING EVIDENCE]

Contractor failed to complete project in 6 months as agreed in contract. Building Permit # P19BP07958 was issued on 3/9/20, making the 6-month deadline for completion of the project 9/9/20. This deadline was extended by agreement with the owner to May 29, 2021. Accepting full payment for work still grossly incomplete beyond the contractual 5/30/21 deadline does not meet professional standards.

3) Owner requests enforcement by the ROC of professional standards related to timeframes and that John Baragona be required to complete the work in a timeframe that would be considered reasonable by a preponderance of efficient and competent contractors. John Baragona has shown disrespect for his obligations written on plans and in the narrative agreement and cannot be relied upon complete the work in the owners dwindling lifetime.

J&B Construction has failed to complete the project for the price stated in the contract by refusing to refund excess payments made by the owner that contractor agreed he would refund for incompletion beyond 5/29/21. On 12/19/21, J&B Construction refunded $8989 (of $10,800 owed at the rate of $50. per day) for failing to complete the work through 12/31/21. After 12/19/21 the contractor stopped making refund allowance payments. Since then he has increased the price each day by retaining a growing amount of cash overpaid by the owner while the amount of refund allowance due for incomplete work grows. As of 2/28/23, J&B Construction owes a refund of $23,081 (including $1811. still awaiting refund from 12/31/31) for incomplete work beyond the deadline. [See #3 SUPPORTING EVIDENCE]

5) John Baragona incompetently mismanaged funds to the degree of exhausting all owner payments made to him along with any other funds reasonably foreseeable to a professional contractor required to construct a "complete home addition" as agreed to in the 3/9/20 contract. This is a violation of professional standards. The contractor must acquire funds needed and complete the project without further unreasonable delays and infliction of loss of use damage upon the owner. [See #4 SUPPORTING EVIDENCE] Received by Investigations 3/13/2023

Building Permit # P19BP07958 secured by contractor and presented to owner on 3/9/20 was obtained by falsifying the existing electrical load on main 200A panel on page E1.1. of the plan. Existing panel was, at all times, plainly visible to contractor as inspection will confirm.

"Existing Panel"shown on page E1.1 of plans: Actual Existing Panel

7) Falsification of the information on page E1.1. of the plans was intentional. Contractor's draftsman, Frank Rendon, at all times was in possession of the owner's 2013 application for a building permit [See #6 SUPPORTING EVIDENCE] from which he copied the panel drawing on page 11 of the 2013 application onto page E1.1. of the current contractor's plans. Immediately following the page he copied was a drawing showing the circuits to be added for the 2013 project which he knew were loads approved and added in 2013, now present for ROC inspection, and, thus needed to be shown as the PRESENT existing load. Those loads were concealed from Pima County in knowing violation of the building code to prevent the county from requiring 400A service.

8) Under John Baragona's direction, electrician Scott Miller (License Number ROC 331012) knowingly violated the building code and endangered the occupants of the house by bringing the conductors for a 125A subpanel into the 200A panel through permanently installed conduit with the intention of connecting the conductors to circuit breakers and powering up the subpanel while at all times knowing (as stated to owner on 10/18/22 and would be known by consulting plans for installation) that the existing 200A service panel did not match the existing panel shown in the plans for which required load calculations to determine the safety of the connection had not been done. .

9) In an email dated 2/16/23 John Baragona 1) refused to complete the project for the price stated in the contract and 2) violated professional standards refusing to perform as obligated by the plans : "It's not my responsibility to upgrade your existing panel to 400 amps, if that's what is required regardless of what the notes on the drawings say." Contractor must provide 400A service. Received by Investigations 3/13/2023

10) Progressive crumbling of stucco around the windows has revealed that the depth of stucco applied to the exterior walls overall is not of the thickness required by professional standards stipulated by the Stucco Manufacturer's Association, referencing the ASTM C926 requirement as being 3/4" for the first two coats of a three coat application. (Owner will accept 1/2") The thickness of stucco over the foam insulation on the all the exterior wall surfaces appears to be only 3/16" - 1/4". Any claim by the contractor that the thickness is 1/2" or greater should require proof during inspection by drilling in randomly designated locations. This must be corrected when applying required stucco depth around windows.

6) A new, large hole has been drilled through the east acrylic wall of the north shower that does not correspond with the approved plans. A shower stall that had been completed is now permanently damaged and must be replaced.

7) The finished drywall installation that was above the north shower has been torn out.

8) Baseboard tile adjacent to the north shower that was complete has been torn out.

9) Paint is missing on the roof, there being many bare places on the lower portion of the parapet visible from the deck and on the deck itself.

10) There are holes in the grout between tiles in the west bedroom near the right side of the connecting door.

11) The required drywall texture was not applied to walls around the windows in every room. The bathrooms (possibly others) were painted when it was evident that the texturing had not been applied.

12) Grout is still smeared on the baseboard tile beneath the front window in the west bedroom.

13) Grout is smeared on the baseboard tile by the connecting door.

14) At the inspection on 2/1/23, the contractor misrepresented to the owner and to the ROC an intention to complete the work on 54+ listed items in timely fashion. Work on all of the items below from that initial list still has not been completed despite 5 weeks in which to finish it. This is a further violation of professional standards for the timeframe for completion of work, 5 weeks being equal to the timeframe professional contractors identify as MORE than that needed to complete 25% of an entire addition if workmanship standards for efficiency and competency were being met by the contractor .

1) Pima County requires resubmission of electrical plan based on actual existing service in order to obtain a legitimate permit to proceed with providing electricity to addition.

2) Dangerous hot water heater with voided warranty is connected to 220v cables. Needs to be disconnected and replaced with brand new unit Received by Investigations 3/13/2023

3) Insulated, water and insect-proof enclosure for water heater and exposed water lines needs to be installed at the same time a new hot water heater is installed. 5) Stucco falling off around windows needs more durable solution implemented and assured 30 year warranty

8) Damaged stucco and exterior paint by stairway (bottom and top) needs repair.

9) Large hole in stucco beneath patio door- patched but not painted

13) Fence end post to be set in ground for proper termination of repaired, upright fencing. (Post set but not connected to final existing post requiring the reinforcement.)

14) Missing window screens need to be ordered and installed

16) South bathroom vanity door on backwards (turned around but knob missing)

17) All baseboard tile needs (especially around door trim) to be inspected, grouted and finished along the top to match adjacent. CORRECT STRAIGHT PAINT LINE: POOR INCORRECT WORKMANSHIP:

19) Installation and repair of baseboard floor tile where removed around trim on all doors to match finish of previously installed baseboards.

20} 2 bathroom showers missing fixtures

21) 2 Bathrooms require fixture installations (uninstalled large towel racks)

22) Kitchen counter and sink installation

23) Electrical fixtures and receptacle installation

24) Correct door knobs and lock need to be installed, including entry as specified

[Owner needs to be reimbursed for office door lock and patio door locks paid for and installed]

25) Cabinet hardware and locks need to be installed as specified

26) Gate and hardware installation (to be agreed upon by owner) on deck opening to roof

27) Trim and hardware on door connecting to existing house Received by Investigations 3/13/2023

29) Confirmation of working HVAC system with assured 10 year warranty

30) Interior and site clean up, including trash removal. windows cleaned, floors mopped, cabinets dusted, bathrooms cleaned, porches swept

31) Pressure testing for air infiltration given multiple concealed insulation and sealing failures

32) Confirmation of proper roofing with assurance of 10 year warranty

34) All nail holes filled and interior trim painted

38) South bathroom shower NW wall corner drywall finishing repair

39) 2 bathroom vent grills not installed

40) 2 Bathroom mirrors not installed

50) plumber abandoned 1/2" copper water supply pipe sticking out of east wall by patio door. Needs hose bib installed or to be cut off 2" INSIDE of wall to prevent freezing. Received by Investigations 3/13/2023

SUPPORTING EVIDENCE

#1-- Professional standards identified by licensed contractors for timeframe in which a home addition should be completed:

"Home Advisor [a digital marketplace connecting homeowners with local service professionals to carry out home improvement, maintenance and remodeling projects] gives a 3-4 month average for putting an addition to a home. This is after the planning, permits, and designing has been done. This is a good ballpark and will give you a good idea of how long till you have that wonderful space you long for." -(https://new-life.builders/how-long-should-adding-a-room-onto-my-house-take/)

"Those [professional contractors] surveyed at HomeAdvisor state that 3-4 months is about average for this project [home addition]." -( https://www.homeadvisor.com/r/home-construction-timeline/)

"Depending on the extent of your project, the construction phase could range from 12-18 weeks..." -(https://pittsburghadditions.com/home-addition-timeline/)

"In the construction industry, saying that work will be done in a workmanlike manner means that it will be done with “the efficiency and knowledge of those with ordinary skill, competency, and standing in the trade or business the contractor is employed in.” This means that if you are a contractor employed by a client or another professional, you are expected to have the necessary skills and competency that any contractor would have in your field and community. -(https://billd.com/blog/workmanlike-manner/)

The owner has asked 3 local contractors, 5 electricians working for contractors and 4 homeowners who have hired contractors in Tucson: None of the parties queried considers it to be even remotely common in Tucson for work on a small three-room addition to remain unfinished, let alone as substantially unfinished as this addition is after more than two years and three months.

# 3-- In response to owners 12/18/21 demand for $24,275.85 ($10,800 being for refund allowance for incomplete work through 12/31/21), the contractor made partial payment in the amount of $20,206 by applying a credit for owner's final payment due upon completion. Received by Investigations 3/13/2023

#4 RE: Penalties and Personal Assistance Payment Due December 31, Subject: 2021 Date:Sun, 19 Dec 2021 01:53:59 -0700 From:[email redacted] To:'Linda Griffith' <[email redacted]> Linda, I can't afford to pay to do this job. I'll agree to finish it for nothing, but I simply don't have the money to pay to do it. I've spent over and above the sum of the contract as it is and have a plan and subs in place to finish it..... John Baragona

Frank Rendon copied page 11 ("Existing Electrical Panel") from the owner's 17 page 2013 permit application that he acquired from Pima County Building Dept. records where it is on file related to the 2013 renovation of the home's attached garage into elder quarters:

Thus, Frank Rendon, at all times, had in his immediate possession, and willfully chose not to include a calculation of existing loads by showing those circuits listed on page 14 of the same 2013 application in his hand that were approved by the county and added to the panel during the 2013 renovation (along with the new circuit for the stove shown on the approved application).These are the circuits, then, on the actual existing electrical panel today of which he had direct knowledge and chose to conceal: Received by Investigations [3/9/20 ADDENDUM TO 9/30/19 CONTRACT] 3/13/2023 Received by Investigations 3/13/2023 Received by Investigations 3/13/2023 Received by Investigations 3/13/2023 Received by Investigations 3/13/2023 Received by Investigations 3/13/2023 Received by Investigations 3/13/2023 Received by Investigations 3/13/2023 Received by Investigations 3/13/2023 Received by Investigations 3/13/2023 Received by Investigations 3/13/2023 Received by Investigations 3/13/2023 ITEMIZED COMPONENTS ROC233298 $11,769 ROC152656 1,370 ROC152654 3,500 ROC300696 2,800 ________

$19,439. TOTAL COST OF INSTALL

BILL TO Linda Griffith 10020 East Moccasin Place Tucson, AZ 85749 USA

ESTIMATE ESTIMATE DATE [number redacted] Mar 01, 2023

J O B A D D R ES S Job: [number redacted] Linda Griffith Technician: Edward Knott (T) 10020 East Moccasin Place Tucson, AZ 85749 USA

E S T I M AT E D E TA I L S

400amp upgrade : Estimate is good for 90 days

TA S K D ES C R I P T I O N QT Y PRICE T O TA L

EMTC 40 400 Amp Panel Upgrade: 1.00 $8,696.00 $8,696.00 400 Amp Panel Upgrade Includes 2 -200 Amp Main Breakers Includes all Bonding and Grounding Requirements. Includes Permit Includes scheduling with Utility Company for Disconnect and Reconnect

191 INSTALL NEW BONDING SYSTEM UP TO 40": 1.00 $870.00 $870.00 INSTALL NEW BONDING SYSTEM UP TO 40"

188 PULL PERMIT FOR JOB: 1.00 $438.00 $438.00 PULL PERMIT FOR JOB

354 REPLACE UNDERGROUND RISER: 1.00 $1,765.00 $1,765.00 REPLACE UNDERGROUND RISER

POTENTIAL SAVINGS $186.00 SUB-TOTAL $11,769.00

TOTAL $11,769.00 Thank You! CUSTOMER AUTHORIZATION

Estimate #[number redacted] Page 1 of 2 Received by Investigations 3/13/2023

Terms & Conditions

These terms and conditions are between the Purchaser(s) and Environmental Conditioning LLC dba Parker and Sons.

• No other work except as specified herein will be performed. Work will begin following approval of Purchaser's credit. Contracted work will be completed within 15 days from the start of work unless otherwise stated in writing. • Purchaser grants to Parker and Sons a security interest and lien on all materials or goods covered by this agreement and said materials or goods shall not be deemed to constitute a part of the realty to which it may be attached until the purchase prices is paid in full. Parker and Sons hereby acknowledges that it is not retaining a security interest in any real property and hereby waives any such security interest in said real estate which may be authorized under applicable state law. Parker and Sons is given express lien upon said materials or goods notwithstanding the manner in which said materials or goods are annexed or attached to the realty. In the event of default by the Purchaser(s), including, but not limited to payment, of any amounts due and payable, Parker and Sons, may at once (and without process of law) take possession of and remove, as and when it sees fit and wherever found, all materials or goods called for in this agreement without being guilty of trespassing. • The sale is final. Parker and Sons or the installation contractor does not and will not install or furnish any labor material or labor on a trial basis. Parker and Sons or the installation contractor shall not be responsible for conditions resulting from existing facilities, proper drainage, water supply, electrical power, pump, sand in the water supply, condensation, weather, and other conditions beyond its control. Purchaser(s) shall be responsible for weather protection. Parker and Sons or the installation contractor shall not be responsible for any damages caused by the malfunction of merchandise, goods or materials, or delay due to strikes, fire, accidents, material shortages, acts of God, or any other causes. • It is agreed that the terms of this agreement shall be construed according to the laws of the State of Arizona. • Any action arising out of, or concerning, this agreement shall be brought in the State (City Court of Tucson, AZ) or Federal (Western District of Arizona, Southwest Division) Courts located in Maricopa County, Arizona, and the parties hereto consent to the jurisdiction of said court(s) and that this paragraph shall supersede any conflicting choice of law rules. • If either party to this agreement shall default in their performance under this agreement, which default results in the expenditure of attorney's fees to enforce the terms of this agreement or to recover damages for breach of this agreement. The prevailing party shall receive their reasonable and actually incurred attorney's fees in addition to any other damages recovered. • Past due accounts are subject to a one and one-half (1 1/2%) per month late charge. • Purchaser(s) acknowledge that no payment for referrals have been made or offered as an inducement for this purchase. • Parker and Sons reserves the right to cancel agreement and return any deposit made by Purchaser(s) in the event Purchaser's credit is found to be unsatisfactory. • This agreement constitutes and expresses the entire agreement between the parties. All other promises, undertakings, agreements, whether written or oral, are merged in this agreement. • Purchaser(s) represent that they are the owners(s) of the property address listed on the quote attached. • In the event any part of this agreement are found to be void or in violation of any law, the remaining provisions of this agreement shall nevertheless be binding with the same effect as thought the void or unlawful parts were deleted

Right to File Complaint: You have the right to file a written complaint against a contractor with the Arizona Registrar of Contractors within two years of the completion of the project during which the commission of an act in violation of Arizona Revised Statutes section 32-1154, subsection A occurred. The Registrar of Contractors can be contacted via telephone at 1-877-692-9762 or online at https://roc.az.gov.\ Received by Investigations 3/13/2023

ROC233298 ROC152656 ROC152654 ROC300696

BILL TO Linda Griffith 10020 East Moccasin Place Tucson, AZ 85749 USA

ESTIMATE ESTIMATE DATE [number redacted] Mar 01, 2023

J O B A D D R ES S Job: [number redacted] Linda Griffith Technician: Edward Knott (T) 10020 East Moccasin Place Tucson, AZ 85749 USA

TA S K D ES C R I P T I O N TRENCHING QT Y PRICE T O TA L

T99 MISCELLANEOUS TASK CODE: 3500.00 $1.00 $3,500.00 MISCELLANEOUS TASK CODE

POTENTIAL SAVINGS $0.00 SUB-TOTAL $3,500.00

TOTAL $3,500.00 Thank You! CUSTOMER AUTHORIZATION AUTHORIZATION TO PROCEED WITH ABOVE RECOMMENDATION – I, the undersigned, am owner/authorized representative/tenant of the premises at which the work mentioned above is to be done. I hereby authorize you to perform Recommendation, and to use such labor and materials as you deem advisable. I have read, understand, and agree to all of the terms stated here {terms} and Protect Your Family from Lead in Your Home, informing me of the potential risk of lead hazard exposure from renovation activity to be performed in my dwelling unit. I received these pamphlets and/or notices before work began. I understand that all work performed is C.O.D. unless arrangements were made, prior to work being started. All collection and legal expenses are to be paid by the purchaser when past due invoices are submitted for collection through agency, attorney or court. There will be a $25 NSF fee charged on all returned checks. I hereby authorize you to proceed with above work at the Contract Price of $3,500.00.

Sign here Date

Estimate #[number redacted] Page 1 of 1 Received by Investigations 3/13/2023

Terms & Conditions

These terms and conditions are between the Purchaser(s) and Environmental Conditioning LLC dba Parker and Sons.

ROC233298 ROC152656 ROC152654 ROC300696

BILL TO Linda Griffith 10020 East Moccasin Place Tucson, AZ 85749 USA

ESTIMATE ESTIMATE DATE [number redacted] Mar 01, 2023

J O B A D D R ES S Job: [number redacted] Linda Griffith Technician: Edward Knott (T) 10020 East Moccasin Place Tucson, AZ 85749 USA

TA S K D E S C R I P T I O N ADDED 200A BREAKER IN 400A PANEL QT Y PRICE T O TA L

104 REPLACE A 200A SIEMMENS MAIN BREAKER: 1.00 $1,370.00 $1,370.00 REPLACE A 200A SIEMMENS MAIN BREAKER

POTENTIAL SAVINGS $100.00 SUB-TOTAL $1,370.00

TOTAL $1,370.00 Thank You! CUSTOMER AUTHORIZATION AUTHORIZATION TO PROCEED WITH ABOVE RECOMMENDATION – I, the undersigned, am owner/authorized representative/tenant of the premises at which the work mentioned above is to be done. I hereby authorize you to perform Recommendation, and to use such labor and materials as you deem advisable. I have read, understand, and agree to all of the terms stated here {terms} and Protect Your Family from Lead in Your Home, informing me of the potential risk of lead hazard exposure from renovation activity to be performed in my dwelling unit. I received these pamphlets and/or notices before work began. I understand that all work performed is C.O.D. unless arrangements were made, prior to work being started. All collection and legal expenses are to be paid by the purchaser when past due invoices are submitted for collection through agency, attorney or court. There will be a $25 NSF fee charged on all returned checks. I hereby authorize you to proceed with above work at the Contract Price of $1,370.00.

Sign here Date

Estimate #[number redacted] Page 1 of 1 Received by Investigations 3/13/2023

Terms & Conditions

These terms and conditions are between the Purchaser(s) and Environmental Conditioning LLC dba Parker and Sons.

ROC233298 ROC152656 ROC152654 ROC300696

BILL TO Linda Griffith 10020 East Moccasin Place Tucson, AZ 85749 USA

ESTIMATE ESTIMATE DATE [number redacted] Mar 01, 2023

J O B A D D R ES S Job: [number redacted] Linda Griffith Technician: Edward Knott (T) 10020 East Moccasin Place Tucson, AZ 85749 USA

PIPE AND LABOR FOR UNDERGROUND TA S K D ES C R I P T I O N PART OF INSTALL QT Y PRICE T O TA L

T99 MISCELLANEOUS TASK CODE: 2800.00 $1.00 $2,800.00 MISCELLANEOUS TASK CODE

POTENTIAL SAVINGS $0.00 SUB-TOTAL $2,800.00

TOTAL $2,800.00 Thank You! CUSTOMER AUTHORIZATION AUTHORIZATION TO PROCEED WITH ABOVE RECOMMENDATION – I, the undersigned, am owner/authorized representative/tenant of the premises at which the work mentioned above is to be done. I hereby authorize you to perform Recommendation, and to use such labor and materials as you deem advisable. I have read, understand, and agree to all of the terms stated here {terms} and Protect Your Family from Lead in Your Home, informing me of the potential risk of lead hazard exposure from renovation activity to be performed in my dwelling unit. I received these pamphlets and/or notices before work began. I understand that all work performed is C.O.D. unless arrangements were made, prior to work being started. All collection and legal expenses are to be paid by the purchaser when past due invoices are submitted for collection through agency, attorney or court. There will be a $25 NSF fee charged on all returned checks. I hereby authorize you to proceed with above work at the Contract Price of $2,800.00.

Sign here Date

Estimate #[number redacted] Page 1 of 1 Received by Investigations 3/13/2023

Terms & Conditions

These terms and conditions are between the Purchaser(s) and Environmental Conditioning LLC dba Parker and Sons.

AUTHORIZATION TO PROCEED WITH ABOVE RECOMMENDATION – I, the undersigned, am owner/authorized representative/tenant of the premises at which the work mentioned above is to be done. I hereby authorize you to perform Recommendation, and to use such labor and materials as you deem advisable. I have read, understand, and agree to all of the terms stated here {terms} and Protect Your Family from Lead in Your Home, informing me of the potential risk of lead hazard exposure from renovation activity to be performed in my dwelling unit. I received these pamphlets and/or notices before work began. I understand that all work performed is C.O.D. unless arrangements were made, prior to work being started. All collection and legal expenses are to be paid by the purchaser when past due invoices are submitted for collection through agency, attorney or court. There will be a $25 NSF fee charged on all returned checks. I hereby authorize you to proceed with above work at the Contract Price of $11,769.00.

Sign here Date

Estimate #[number redacted] Page 2 of 2 Received by Investigations

Upgrade 200 amp panel to 3/13/2023

400 amp #0000345

From: Plugged In Electric, llc Purchase Order: Tucson, AZ 85715 Linda Griffith 520-223-WIRE (9473) Amount: [email redacted] WWW.PluggedInElectric.us $8,676.00 AZROC# 332886 Expiration Date: 4/6/2023 Bill To: Linda Grif f ith 10020 East Moccasin Place, Tucson, AZ, USA [email redacted] 215-287-4174

Rate Item Quantity Total (excl. tax)

Cut over to 400 amp panel Trench from pedestal to panel location on house approximately 55 ft 36 in deep for 2 1/2 scheduel pvc pipe. Backfill trench Surface mount. Single phase 400 amp all in one panel to side of house. From 400 amp panel install200 amp circuit $9,64 0.00 $8,676.00 breaker run 2in EMT to existing 200amp main -$964.00 panel pull in 2/o copper THHN to feed the now 200 amp sub panel. Drive 2 ground rods. From ground bar in 400amp panel1/o copper to ground rod number 1. From ground bar to rod number 2 then to water main then to gas main

Subtotal $8,676.00

T otal $8,676.00

Powered by Thryv Received by Investigations Notes: 3/13/2023 Hi Linda I looked everywhere I and my coworkers could think of and came up with the same result everywhere… single phase 400 amp panels are expensive This estimate is the best I can do Linda I was able to get you a 10 percent discount for y the work you do. Everything else is out of my control If you are okay with these numbers then go ahead and approve the estimate and I will get right to work for you and file the permit so we can get it scheduled with TEP. ONCE AGAIN THANK YOU LINDA. DAVID RICHARDSON PLUGGED IN ELECTRIC.

IF YOU HAVE ANY QUESTIONS PLEASE CALL ME ARE [number redacted]

Terms & Conditions: By approving this estimate, you agree to have the above scope of work completed at the total price estimate amount. I understand that this is an estimate, and the price could vary depending on unknown and/or uncommon factors. This is very rare. Any variation will promptly be brought to the owner(s) for approval, before further work commences. We give you a 2-year labor warranty and 1-year material warranty on materials supplied by Plugged In Electric, llc. Payment is due in full upon completion. We accept payment using major credit/debit cards adding a current 2.9% convenience fee to cover processing fees. Other payment sources such as a Check, Zelle, Apple Pay, Google Pay, etc. are available as well with no added fees. The property owner has the right to file a written complaint with the register for an alleged violation of section 32-1154, subsection A. Complaints must be made within the applicable time period as set forth in section 32-1155, subsection A 1-877-692-9762

Acuity LLC Estimate 82198858 Mr. Electric of Tucson Job 82007882 (520) 795-5940 Estimate Date 2/23/2023 8230 E Broadway Suite E-3 Technician Adrian Tucson, AZ 85710 ROC 265966 Customer PO Billing Address Job Address Linda Griffith Linda Griffith 10020 East Moccasin Place 10020 East Moccasin Place Tucson, AZ 85749 USA Tucson, AZ 85749 USA

Estimate Details

Install 400 amp service: Provide labor,permit,and material to install 400 amp service upgrade, also need to re feed existing 200 amp service. Customer strongly suggests to leave old service intact.

Task # Description Quantity Your Price Your Total V-400 400 amp upgrade; does not include permits or TEP fees. 1.00 $7,093.66 $7,093.66 Z50100 SERVICE INCREASE AND/OR ADD'L CIRCUITS PERMIT 1.00 $781.85 $781.85 MRE397 GROUND ELECTRICAL SERVICE 1.00 $1,244.50 $1,244.50 - Ground Panel to Existing Gas/Water line, and install 2 new ground rods. MRE338 Conduit ONLY, per 10 linear foot 1.00 $550.45 $550.45 - Install all conduit, fittings, supports, and straps for 2" conduit. MRE173 3 # 3/0 1 # 6 GRD 1.00 $372.20 $372.20 - Install wiring into an existing conduit sized 1-1/2" or larger. MRE841 New underground raceway from main service to utility infrastructure. Used either for 2.00 $618.31 $1,236.62 new service or for service increase where underground conductors are not large enough, therefore requiring new trench and conduit.

INITIAL TASK ONLY // ADD PER FOOT TRENCH AND CONDUIT SEE RECOMMENDATIONS MRE577 6 X 24 TRENCH PER FT. 200.00 $36.00 $7,200.00 - Labor and materials charge to trench and then refill with dirt as needed for the project up to 6" wide and 24" deep trench

Sub-Total $18,479.28 Tax $0.00 Total $18,479.28 Est. Financing $402.85 1.9% interest and a late fee of $39 will be assessed per month will be assessed on all late invoices. Payment in full is due upon completion of work.

IMPORTANT NOTICE: You and your contractor are responsible for meeting the Terms and Conditions of this contract. I agree that initial price quoted prior to the start of work does not include any additional or unforeseen tasks. Nor materials which may be found to be necessary to complete repairs or replacements. I also agree to hold Mr. Electric® or its assigns harmless for parts deemed corroded, unusable or unreliable for completion of stated work to be done. I hereby authorize Mr. Electric to perform proposed work and agree to all agreement conditions as displayed and further acknowledge that this invoice is due upon receipt. A monthly service charge, at maximum allowed by law, will be added after 10 days. Independently owned and operated franchise. Amount to Authorize: {Authorized Amount} I understand that this is a signed contract and cancellation of this contract must be done within 48 hours. I understand that all cancellations are subject to a fee of 50% of the contract and other fees incurred in work performed for this contract prior to and up to the cancellation of the contract. I am responsible for these costs and they are non refundable. Received by Investigations 3/13/2023

TERMS AND CONDITIONS It is agreed that Mr. Electric® is not responsible for the following: 1.Damage caused to the customer’s property as a result of obtaining access to and exposing wiring and electrical systems. 2. Additional electrical work beyond that specifically mentioned in this estimate and proposal including, but not limited to, that which may be required because of pre-existing electrical code violations or additional work revealed to be necessary as a result of performing the specified work. 3. Any repairs, installation, removal or replacement of non-electrical items or activities including but not limited to: concrete, paving, asphalt, slabs, sidewalks, driveways, patios, pools, shrubbery, grass lawns, fences, plumbing and fixtures, painting, decorations, plastering, sheetrock and other wall coverings, glass, carpentry, millwork, cabinets, floors, carpeting, floor surfaces and preparation, roofing, flashing, sheet metal gutters, downspouts, brick, stonework, extension walls, steel and other framework. Customer accepts full responsibility for the prompt payment of all costs of this agreement even though customer may intend to obtain reimbursement from others such as landlords, tenants, insurance companies and tort feasors. This proposal and said specifications shall not be altered or modified except by written agreement between the parties hereto and verbal understandings and agreements with representatives shall not be binding unless set forth herein. LIMITED SERVICE WARRANTY Mr. Electric warrants, to the extent stated herein, electrical service or repair furnished by it. The stated period of warranty commences upon installation or repair of wiring or electrical system. Purchaser understands that Mr. Electric’s liability under this warranty is limited to repair, replacement, or refund of purchaser’s money, and does not extend to property damage resulting from overload or misuse of electrical system which fails during the agreed upon warranty period. This warranty gives you specific legal rights. You may also have other rights, which vary from state to state. NOTICE TO OWNER This contractor is registered to do business in the state in which this work is performed. (See registration number on the front side of this contract.) Where required, this contractor has posted with the State all necessary bonds or cash deposits for the purpose of satisfying claims against the contractor for negligent or improper work or breach of contract in the conduct of the contractor's business. This bond or cash deposit may not be sufficient to cover a claim which might arise from the work done under your contract. If any supplier of materials used in your construction project or any employee of the contractor or subcontractor is not paid by the contractor or subcontractor on your job, your property may be liened to force payment. If you wish additional protection, you may request the contractor to provide you with original “lien release” documents from each supplier or subcontractor on your project. The contractor is required to provide you with further information about lien release documents if you request it. General information is also available from the licensing board in your state. Each State’s requirements for terms and conditions may vary for service or installation work as it pertains to limited warranties, notice to owner regarding liens, etc. Inquire with your contractor for any state specific conditions. CALIFORNIA RESIDENTS ONLY NOTICE TO OWNER “Under the California Mechanics’ Lien Law, any contractor, subcontractor, laborer, supplier, or other person or entity who helps to improve your property, but is not paid for his or her work or supplies, has a right to place a lien on your home, land, or property where the work was performed and to sue you in court to obtain payment. This means that after a court hearing, your home, land, and property could be sold by a court officer and the proceeds of the sale used to satisfy what you owe. This can happen even if you have paid your contractor in full if the contractor’s subcontractors, laborers, or suppliers remain unpaid. To preserve their rights to file a claim or lien against your property, certain claimants such as subcontractors or material suppliers are each required to provide you with a document called a ‘Preliminary Notice.’ Contractors and laborers who contract with owners directly do not have to provide such notice since you are aware of their existence as an owner. A preliminary notice is not a lien against your property. Its purpose is to notify you of persons or entities that may have a right to file a lien against your property if they are not paid. In order to perfect their lien rights, a contractor, subcontractor, supplier, or laborer must file a mechanics’ lien with the county recorder which then becomes a recorded lien against your property. Generally, the maximum time allowed for filing a mechanics’ lien against your property is 90 days after substantial completion of your project. To insure extra protection for yourself and your property, you may wish to take one or more of the following steps: (1) Require that your contractor supply you with a payment and performance bond (not a license bond), which provides that the bonding company will either complete the project or pay damages up to the amount of the bond. This payment and performance bond as well as a copy of the construction contract should be filed with the county recorder for your further protection. The payment and performance bond will usually cost from 1 to 5 percent of the contract amount depending on the contractor's bonding ability. If a contractor cannot obtain such bonding, it may indicate his or her financial incapacity. (2) Require that payments be made directly to subcontractors and material suppliers through a joint control. Funding services may be available, for a fee, in your area which will establish voucher or other means of payment to your contractor. These services may also provide you with lien waivers and other forms of protection. Any joint control agreement should include the addendum approved by the registrar. (3) Issue joint checks for payment, made out to both your contractor and subcontractors or material suppliers involved in the project. The joint checks should be made payable to the persons or entities which send preliminary notices to you. Those persons or entities have indicated that they may have lien rights on your property, therefore you need to protect yourself. This will help to insure that all persons due payment are actually paid. (4) Upon making payment on any completed phase of the project, and before making any further payments, require your contractor to provide you with unconditional ‘Waiver and Release’ forms signed by each material supplier, subcontractor, and laborer involved in that portion of the work for which payment was made. The statutory lien releases are set forth in exact language in Section 3262 of the Civil Code. Most stationery stores will sell the ‘Waiver and Release’ forms if your contractor does not have them. The material suppliers, subcontractors, and laborers that you obtain releases from are those persons or entities who have filed preliminary notices with you. If you are not certain of the material suppliers, subcontractors, and laborers working on your project, you may obtain a list from your contractor. On projects involving improvements to a single-family residence or a duplex owned by the individuals, the person signing these releases loses the right to file a mechanics’ lien claim against your property. In other types of construction, this protection may still be important, but may not be as complete. To protect yourself under this option, you must be certain that all material suppliers, subcontractors, and laborers have signed the ‘Waiver and Release’ form. If a mechanics’ lien has been filed against your property, it can only be voluntarily released by a recorded ‘Release of Mechanics’ Lien’ signed by the person or entity that filed the mechanics’ lien against your property unless the lawsuit to enforce the lien was not timely filed. You should not make any final payments until any and all such liens are removed. You should consult an attorney if a lien is filed against your property.” TEXAS RESIDENTS ONLY NOTICE TO OWNER Regulated by The Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, TX 78711, 1-800-803-9202, 512-463-6599; website: www.license.state.tx.us/complaints Received by Investigations 3/13/2023

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ÿ0ddedfgÿhe$0hdi$ÿjkflÿ!% XAm<n Katie Hobbs, Governor Martín Quezada, Director

Complainant: Linda Griffith 10020 East Moccasin Place Tucson, AZ 85749

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 C010 04/21 Katie Hobbs, Governor Martín Quezada, Director

Respondent: J & B Construction & Maintenance Services LLC DBA: 1966 E Calle De Arcos Tempe, AZ 85284

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 C010 04/21 Katie Hobbs, Governor Martín Quezada, Director

March 20, 2023

Re: Complaint Number 2022-11601

Dear Complainant and Respondent:

The addendum jobsite inspection scheduled for March 23, 2023 at 1:00 PM has been rescheduled for March 27, 2023 at 9:30 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,

Arlo Houston Arlo Houston, Investigator #185 (520) 628-6895 [email redacted] 1700 W Washington St., Ste 105 Phoenix, Arizona 85007

CC:

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 C010 04/21 0123ÿ5367839ÿ 123 36783913 3

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1) Fraudulent claim in violation of licensing statutes: J&B Construction knowingly misrepresented to owner in the FIRST communication with the owner that:

John Baragona has refused a minimum of three requests to provide the names of the subcontractors owner was assured would be required to be licensed, bonded and insured. Given that owner relied upon this specific assurance when hiring J&B Construction, at the enormous subsequent cost of dozens of code violations and substandard workmanship causing loss-of-use damage extending three years of delay and endangerment of occupants, I am entitled to this information to verify the truth of the contractor's representation of hiring 100% licensed subcontractors. I am also entitled to exercise the rights I have in response to poor workmanship by licensed individuals which necessitates knowing their names. [SUBSTANTIATION 1] [6. The doing of a fraudulent act by the licensee as a contractor resulting in another person being substantially injured. For the purposes of this paragraph, "fraudulent act" means a material misrepresentation that a licensee makes, that is relied on by another person and that results in damage to that person or that person's property.]

2) John Baragona is aiding or abetting unlicensed persons, namely all unlicensed subcontractors who worked on my property and received payment for work that they could only receive as a direct result of being misrepresented to the owner as being licensed but, in fact, at all times were known to John Baragona, not to be licensed. [ 32-1154 A (9)(a) Aiding or abetting a licensed or unlicensed person].

3) For 3 1/2 years John Baragona knowingly misrepresented an unlicensed draftsman, specifically, Frank Rendon, to the owner (and then to the ROC in response to the owner's complaint) as being professionally educated and qualified under the legally protected title of an "architect" in Arizona. [SUBSTANTIATION 2]. This fraud with it's property damaging repercussions directly caused by falsification of the electrical plan by John Baragona conspiring with Frank Rendon is a violation of: 32-1154 A (6): The doing of a fraudulent act by the licensee as a contractor resulting in another person being substantially injured. For the purposes of this paragraph, "fraudulent act" means a material misrepresentation that a licensee makes, that is relied on by another person and that results in damage to that person or that person's property.

and 32-1154 A (9)(b) Acting or conspiring with a licensed or unlicensed person.

4) The average cost of plans developed by an architect is $5000 vs. the average cost of $1800 for plans by a draftsman [SUBSTANTIATION 3] John Baragona departed from the agreement to subcontract a licensed architect, defrauding the owner by knowingly inflating and charging for the value of a licensed architect while providing drafting services of substantially lesser value. The owner is owed a refund of $3200, the value of the difference in plans developed by an architect vs. plans technically drawn by a draftsman. [32-1154 A 2 (a) Departure from or disregard of....Plans or specifications in any material respect that is prejudicial to another without consent of the owner or the owner's duly authorized representative and without the consent of the person entitled to have the particular construction project or operation completed in accordance with such plans and specifications and code.] 5) Construction fraud: Page E1.1 of the plans specifies that conductors from the addition subpanel to the Main Panel are to be #2 copper. Scott Miller, a licensed electrician ROC 331012 , conspired with John Baragona to substitute #2 aluminum conductors without the owner's knowledge or consent.

[ 32-1154 A 2 (a)Departure from or disregard of:...Plans or specifications in any material respect that is prejudicial to another without consent of the owner or the owner's duly authorized representative and without the consent of the person entitled to have the particular construction project or operation completed in accordance with such plans and specifications and code.]

6) Scott Miller acting on behalf of J&B Construction violated the NEC by failing to make adjustments required to safely install the bait-and-switched conductors, namely those outlined by GSES, an international electrical engineering publication and consulting firm that has documented the obvious inferiority of aluminum cable compared to copper, especially as it has been installed by the contractor in conduit lying across 100' of roof in the desert sun and connecting in panels where heat and deterioration are real issues: . "Conductivity – The main drawback of aluminum from a performance perspective is its lower conductivity which results in a lower current carrying capacity (CCC) and increased voltage drop, compared to a copper cable of the same size. To match the conductor ratings of copper cables, aluminium cables will need a larger cross-sectional area (CSA)...." Scott Miller installed #2 aluminum conductors in place of specified #2 copper, failing to increase the size of the aluminum conductor in violation of the NEC. The 200A panel into which he brought #2 XHHW-2 cables is rated for 75°. NEC allows 115A for a 75° #2 copper conductor specified in the plan. As shown by Southwire, the manufacturer of XHHW-2 aluminum conductors used by J&B Construction, the maximum allowable 75° #2 size is only 90A. Thus Scott Miller used bait-and-switch aluminum cable approved for 25 amps LESS than the #2 copper specified to provide 115 ampacity.

[32-1154 A 2 (a) Departure from or disregard of....Plans or specifications in any material respect that is prejudicial to another without consent of the owner or the owner's duly authorized representative and without the consent of the person entitled to have the particular construction project or operation completed in accordance with such plans and specifications and code.] 7) While the plans specified #2 copper to be used with a rating of 115A at 75°, Scott Miller, acting in concert with John Baragona, installed #2 aluminum conductors with a rating of 90A at 75° across the roof of the house from the addition subpanel to the home's main panel without increasing the already deficient cable size to compensate for a voltage drop occurring over a 100' distance in conduit directly exposed to desert sun.. [32-1154 A 2 (a) Departure from or disregard of....Plans or specifications in any material respect that is prejudicial to another without consent of the owner or the owner's duly authorized representative and without the consent of the person entitled to have the particular construction project or operation completed in accordance with such plans and specifications and code.]

8) Scott Miller and John Baragona endangered the home's occupants by failing to alert the owner to increased maintenance required for aluminum wiring, especially in the highly variable temperatures of a desert climate. "Thermal expansion – Aluminium is subject to greater thermal expansion and contraction compared to copper. Over time this may impact the integrity of connections, and in severe cases could result in fires started by arcing. As a result, aluminum cables require more regular maintenance/inspection to ensure connections have not loosened over time. " ( https://www.gses.com.au/aluminium-vs-copper-dc-cables/ ) [This endangerment constitutes failure to meet ROC standards for work performed in a professional and workmanlike manner.]

8) New information related to an earlier complaint: Scott Miller , acting for John Baragona, not only brought the conductors for the addition subpanel into the existing 200A main panel knowing it was a violation of NEC, he actually connected two conductors to a bus bar in the panel which remain illegally connected in a further and more serious violation of NEC than the already dangerous violation of bringing an oversized load into the panel through undersized conductors in permanently installed conduit. At all times Scott Miller and John Baragona fraudulently misrepresented the safety of their work to the owner while knowing that they did not have a legitimate permit to make such a connection, nor knowledge of the actual load to be serviced following their connection. This action speaks indisputably to their intention to grossly overload the existing service to the reasonably foreseeable endangerment and injury of an oxygen-dependent owner requiring reliable, uninterrupted electrical service without the known risk of arcing. [32-1154 A 2 (b) A building code of this state or any political subdivision of this state in any material respect that is prejudicial to another. and 32-1154 A (6): The doing of a fraudulent act by the licensee as a contractor resulting in another person being substantially injured. For the purposes of this paragraph, "fraudulent act" means a material misrepresentation that a licensee makes, that is relied on by another person and that results in damage to that person or that person's property.]

9) Inability to responsibly schedule, inability to truthfully communicate about the schedule to the owner and the ROC and inability competently execute a plan for the project's completion is unprofessional and workmanlike. The promise of most work to be "completed over the next few weeks" as stated by John Baragona in the email below on 3/1/23 has resulted in ZERO work being done on any day of the last "few weeks" since the statement was issued: - Subject: Update Date: Wed, 1 Mar 2023 22:22:44 +0000 John Baragona From: <[email redacted]> To: Linda Griffith <[email redacted]> CC: Arlo Houston <[email redacted]> Hi Linda, ...I have also hired someone based in Tucson with the skillset to finish most of the other items. He’ll be available pretty soon and I am reviewing the list with him. Fernando will help show him around as well. Just wanted you to know that I’m shooting to get most of the other work completed over the next few weeks. John Baragona _________________________________________________________________________________ SUBSTANTIATION 1 Need this information without continued refusal, please..... Wed, 15 Mar 2023 13:15:14 -0700 Linda Griffith <[email redacted]> John Baragona <[email redacted]> Arlo Houston <[email redacted]>

John- This needs to be addressed:

My first contact with J&B Construction was on 9/23/19 when Lino Silvo, responded to a query I posted on Craigslist seeking a contractor for my project. In the text message he sent, the very first statement he made to me was an advertisement that J&B Construction is "licensed, bonded and insured with all subs". Based on that message (of which I have preserved a screenshot from my phone), I invited him to my home to discuss the project.

I am entitled to verify the truth of that statement your company made to me as assurance that the quality of the work by all subcontractors would be that of licensed professionals, as it was a statement upon which I heavily relied in signing the contract on 10/1/19 with J&B Construction for the job.

Here are just two of the numerous times I have asked you for this information and you refused to provide it:

April 21, 2022 "I want the name, address, phone number and license number of every subcontractor who worked on my property, please."

Oct. 12, 2022: "I must be given the full names and times of those arriving on the property to work." WITHOUT FURTHER DELAY, PLEASE....

Provide for each subcontractor in the trades below (and any others who worked on my property who I may have overlooked), this information which I assume is readily available without undue effort, since I'm sure you verified it before hiring each of them. If it would save time and you'd like to just copy and past the line from the ROC website as I did for Scott Miller (the only one I have this information for because he gave me his card), feel free to do so.

Please provide the info as a reply which includes this list as presented below, the information you're providing filled in for each one.

Thank you, LG

SUBSTANTIATION 2

Email #1 Knowingly false statement to owner: Subject: RE: Quote from J&B Construction & Maintenance Services - 10/01/2019 Date: Mon, 28 Oct 2019 10:47:58 -0700 From: [email redacted] 'Linda Griffith' <[email redacted]>, [email redacted], 'Lino Silva' To: <[email redacted]> Hello Linda, It sounds like we have a problem regarding your project. It has come to our attention from the architect that you requested some changes to the preliminary drawings... Email #2 John Baragona's knowingly false statement to the ROC that the electrical plan subject to a formal complaint by the owner was developed by a licensed architect:

Subject: RE: Electrical Plan Date: Thu, 16 Feb 2023 13:20:14 +0000 John Baragona From: <[email redacted]> To: Linda Griffith <[email redacted]> CC: Arlo Houston <[email redacted]>

Linda,

....I had a set of electrical plans that were drawn up by a licensed architect and approved by the county.

Email #3: Admission of falsity, a month later, as increasingly forced to account to the ROC: Subject: RE: Update on Permit # P19BP07958 Date: Thu, 16 Mar 2023 02:18:28 +0000 From: John Baragona <[email redacted]> To: Linda Griffith <[email redacted]>, Rick Wilburg <[email redacted]> Charlie Bard <[email redacted]>, Arlo Houston CC: <[email redacted]>

I have not falsified anything!! I merely related the story as told to me by the original draftsman of how he worked with the original reviewer to get the plans approved!! He was contracted to do the drawings and get them submitted, NOTE HOW... the contractor, again, lies by claiming "I have not falsified anything!" in the very same email where he demonstrates his guilt in having knowingly misrepresented the credentials of his draftsman.

SUBSTANTIATION 3 Katie Hobbs, Governor Martín Quezada, Director

Complainant: Linda Griffith 10020 East Moccasin Place Tucson, AZ 85749

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: J & B Construction & Maintenance Services LLC DBA: 1966 E Calle De Arcos Tempe, AZ 85284

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

April 24, 2023

License No. ROC 276288

Re:Complaint No. 2022-11601

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

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 · 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: 8 - "Damaged stucco and exterior paint by stairway (bottom and top) needs repair." Investigator’s Observation: Verified. Upon inspection at this JSI I observed for:

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

-damaged stucco and/or paint next to exterior stairs 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: 60 - "Spiral stair installation not finished. Center post needs to be cut down from 6' above stair landing to 40" above landing." Investigator’s Observation: Verified. Upon inspection at this JSI I observed for: -top of center column of stairs not installed/trimmed to height specified in plans Governing Rule: Departure from or disregard of: (a) Plans or specifications in any material respect that is prejudicial to another without consent of the owner or the owner's duly authorized representative and without the consent of the person entitled to have the particular construction project or operation completed in accordance with such plans and specifications and code.

Compliance Item: 61 - "After two years and three months after starting actual construction, the building is incomplete. John Baragona's lack of efficiency in completing work does not meet professional standards for completion in the timeframe expected of professional contractors. Contractor failed to complete project in 6 months as agreed in contract. Building Permit # P19BP07958 was issued on 3/9/20, making the 6-month deadline for completion of the project 9/9/20. This deadline was extended by agreement with the owner to May 29, 2021. Accepting full payment for work still grossly incomplete beyond the contractual 5/30/21 deadline does not meet professional standards. Owner requests enforcement by the ROC of professional standards related to timeframes and that John Baragona be required to complete the work in a timeframe that would be considered reasonable by a preponderance of efficient and competent contractors. John Baragona has shown disrespect for his obligations written on plans and in the narrative agreement and cannot be relied upon complete the work in the owners dwindling lifetime."

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

Investigator’s Observation: Verified. Work not completed within timeframe(s) agreed upon by complainant and respondent. 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: 68 - "In an email dated 2/16/23 John Baragona ... and 2) violated professional standards refusing to perform as obligated by the plans : "It's not my responsibility to upgrade your existing panel to 400 amps, if that's what is required regardless of what the notes on the drawings say." Contractor must provide 400A service." Investigator’s Observation: Verified. The Scope of Work Electrical section of the plans specifies "include and pay as directed all costs for serving electrical and telephone utility charges, including all additional work materials, etc. required to provide the complete electrical and telephone installation for this project. Governing Rule: Departure from or disregard of: (a) Plans or specifications in any material respect that is prejudicial to another without consent of the owner or the owner's duly authorized representative and without the consent of the person entitled to have the particular construction project or operation completed in accordance with such plans and specifications and code.

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

the all the exterior wall surfaces appears to be only 3/16" - 1/4". Any claim by the contractor that the thickness is 1/2" or greater should require proof during inspection by drilling in randomly designated locations. This must be corrected when applying required stucco depth around windows." Investigator’s Observation: Verified. Areas of stucco voids around windows and doors where thickness of stucco system is visible measured at thickness of 3/16"-1/4". 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: 71 - "The finished drywall installation that was above the north shower has been torn out." Investigator’s Observation: Verified. Finished area of drywall removed above shower surround. 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: 72 - "Baseboard tile adjacent to the north shower that was complete has been torn out." Investigator’s Observation: Verified. Area of finished tile removed. 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: 73 - "Paint is missing on the roof, there being many bare places on the lower portion of the parapet visible from the deck and on the deck itself." Investigator’s Observation: Verified. Areas of insufficient roof coating.

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

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: 75 - "The required drywall texture was not applied to walls around the windows in every room. The bathrooms (possibly others) were painted when it was evident that the texturing had not been applied." Investigator’s Observation: Verified. Readily visible flat areas in textured finish around bathroom window. 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: 76 - "Grout is still smeared on the baseboard tile beneath the front window in the west bedroom." Investigator’s Observation: Verified. Grout haze on tile(s). 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: 77 - "Grout is smeared on the baseboard tile by the connecting door." Investigator’s Observation: Verified. Grout haze on tile(s). 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: 81 - "Because the windows purchased by the contractor (Model 8130) are the wrong ones for the job

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

(Model 8120 is the correct model), he failed to perform the planning and ordering of materials in a professional and workmanlike manner to support a code-compliant application of stucco matching the existing house." Investigator’s Observation: Verified. Stucco depth of 3/16"-1/4" around windows. Areas of stucco voids around windows and doors where thickness of stucco system is visible measured at thickness of 3/16"-1/4". 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 AND/OR DUPLICATED ITEMS The following complaint items require no action by the Respondent and/or are duplicated items by the complainant:

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

report on and unable to verify as no evidence to prove or verify complaint item constitutes poor work due to the complaint item being incomplete. Governing Rule: N/A