2023A-00993-CHC-ROC Notice of Hearing and Packet MAILED

2023A-00993-CHC-ROC · Registrar of Contractors · 2023-12-20

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Isa Ismail , Case No. 2023-00993 COMPLAINANT, Docket No. 2023A-00993-ROC v. NOTICE OF HEARING ON CONTESTED CASE H & H Development Inc License No. ROC 293336,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

January 26, 2024 1:00 PM Amy Haley 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 November 22, 2023. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED The complaint and citation allege that the Respondent committed the following act(s):

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

Charge: 2 A.R.S. § 32-1154(A)(22)

THE PARTIES TO THE ADMINISTRATIVE HEARING Because Respondent is a licensee and is charged with an act(s) or omission(s) that is

cause for the suspension or revocation of a license, Respondent is a party to this case and will

be a party to the hearing.

Because Complainant alleged Respondent committed an act(s) or omission(s) that is

cause for the suspension or revocation of a license, Complainant is a party to this case and will be a party to the hearing. Respondent and Complainant, as the parties to the hearing, will present evidence and argument to the administrative law judge. The Registrar’s assigned investigator will appear as a witness at the hearing.

RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney. A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented by an officer or employee if that person satisfies the conditions set forth in A.R.S. § 32-

1156(B).

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

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

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

to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and processes governing the administrative hearing. Copies of the statutes, rules, and articles regarding the administrative hearing process can be found at https://www.azoah.com/.

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

The Registrar’s investigators, employees, and attorneys will appear at the hearing via video conference or telephone unless requested by a party to appear in-person. Requests for the Registrar’s investigators, employees, or attorneys to appear in-person must be filed with the Registrar and the Office of Administrative Hearings no later than seven (7) calendar days prior to the hearing date.

HEARING PACKET In the interests of administrative efficiency, the Registrar compiles and discloses certain documents to the parties and the Office of Administrative Hearings. These documents are attached to this Notice of Hearing as the “Hearing Packet.” If any party wishes to submit additional evidence, they must do so during the hearing after completing a disclosure

statement. See “Disclosure Statement” section below.

SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS The parties to the hearing must be prepared to present evidence in support of their case. If a party wants to obtain testimony from a witness or documents not in the party’s possession, the party must prepare and file a written subpoena for the Administrative Law Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com.

The party seeking a subpoena must serve notice on all the parties to the hearing, and on the Registrar. A.R.S. § 41-1092.04.

DISCLOSURE STATEMENT At least seven calendar days before the hearing, each party must prepare and serve a disclosure statement on all other parties, and file it with the Office of Administrative Hearings. A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the party will use at the hearing. A party’s failure to timely disclose any witness or exhibit,

without good cause, may result in the administrative law judge excluding those witnesses or

exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is

available on the Registrar’s website at https://roc.az.gov/content/prehearing-disclosure-

statement. CHANGING THE HEARING DATE The date of the hearing may only be advanced or delayed on the agreement of the parties or on a showing of good cause. A.R.S. § 41-1092.05(C). The date of the hearing may

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

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

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

assigned Administrative Law Judge may be found on the Office of Administrative Hearings’ web portal at www.azoah.com If a party would like to move the date of the hearing without agreement of all parties, the party must file a written motion with the Office of Administrative Hearings, directed to the

assigned Administrative Law Judge, and transmit a copy to the Registrar and all other parties. The motion must state in detail good cause for why the date of the hearing should be advanced or delayed, and the position of all other parties regarding the advancement or delay. A party may also file a motion asserting a right to an expedited hearing upon a showing of extraordinary circumstances or the possibility of irreparable harm. A.R.S. § 41-1092.05(E).

RESOLUTION SHORT OF ADJUDICATION In any case which is resolved or settled by the parties, or which is withdrawn by the Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of the resolution or settlement. Any such cases will be listed on the Registrar’s website and its records under the category: “Closed Complaints – Resolved/Settled/Withdrawn.” Dated December 12, 2023.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors

Copy mailed via USPS First Class mail December 12, 2023 to:

Respondent(s) H & H Development Inc 1816 Dawes St Kingman, AZ 86401

Thomas E. Price, Esq. 501 E Oak St Kingman, AZ 86401 Complainant(s) Isa Ismail 3225 N White Cliffs Rd Kingman, AZ 86409

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. 2023-00993 /

Katie Hobbs, Governor Martin Quezada, Director

Hearing Packet FAQ What is the Hearing Packet?

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

Who gets the Hearing Packet?

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

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

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

What is in the Hearing Packet?

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

● Original complaint;

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

Katie Hobbs, Governor Martin Quezada, Director

● Citation; and ● Answer.

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

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

What if there are documents missing from the Hearing Packet?

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

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

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

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

Katie Hobbs, Governor Martin Quezada, Director

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

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

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

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

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

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

Katie Hobbs, Governor Martín Quezada, Director

Complainant: Isa Ismail 3225 N White Cliffs Rd Kingman, AZ 86409

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C008 05/21 Katie Hobbs, Governor Martín Quezada, Director

Respondent: H & H Development Inc DBA: 1816 Dawes St Kingman, AZ 86401

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C008 05/21 Katie Hobbs, Governor Martín Quezada, Director

February 28, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-00993

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for March 15, 2023 at 11:30 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

COMPLAINANT: 1. Under A.R.S. § 32-1155(D)(1), the Respondent must be allowed, upon request, the opportunity to inspect the 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 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, Brian Binkney Brian Binkney, Investigator (928) 681-6042 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

CC: Respondent 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 C008 05/21 Katie Hobbs, Governor Martín Quezada, Director

A Guide to Jobsite Inspections

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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 2023-00993 JSI Photo 1 of 15 2023-00993 JSI Photo 2 of 15 2023-00993 JSI Photo 3 of 15 2023-00993 JSI Photo 4 of 15 2023-00993 JSI Photo 5 of 15 2023-00993 JSI Photo 6 of 15 2023-00993 JSI Photo 7 of 15 2023-00993 JSI Photo 8 of 15 2023-00993 JSI Photo 9 of 15 2023-00993 JSI Photo 10 of 15 2023-00993 JSI Photo 11 of 15 2023-00993 JSI Photo 12 of 15 2023-00993 JSI Photo 13 of 15 2023-00993 JSI Photo 14 of 15 2023-00993 JSI Photo 15 of 15 JSI 2023-01483 PHOTO INDEX

P1: Water marks on hood of vehicle inside of garage showing roof leakage.

P2: Water marks on hood of vehicle inside of garage. Water marks are consistent with holes in roof paneling where the screws are driven to attach panel.

P3: East garage door where leakage is occurring.

P4: Close up of east garage. Photo shows caulking that building owner applied.

P5: Close up of east garage. Photo shows caulking that building owner applied.

P6: Water coming from under south west garage door. It is noted that building owner replaced door seal after installation by contractor.

P7: Water coming from under north west garage door. It is noted that building owner replaced door seal after installation by contractor.

P8: Entry of man door located on west side of building. No evidence showing water intrusion.

P9: Close up of entry door located on west side of building.

P10: South side of building exterior.

P11: Close up of south side of building exterior.

P12: South side of building exterior showing “sharktoothing”.

P13: South side of building exterior showing “sharktoothing”.

P14: North east corner of building showing missing corner cap.

P15: Roof of building showing rust spots. Rust has not made any hold or penetrated building. Possibly from shavings left over from installing roof panels. Katie Hobbs, Governor Martín Quezada, Director

Jobsite Inspection Notes

Case No.: 2023-00993 Investigator: Brian Binkney Inspection Date: March 15, 2023 Inspection Time:

Complainant: Isa Ismail Respondent: H & H Development Not Present: Inc Not Present:

Jobsite General Notes:

Complaint Item: 1 - Roof leaks Investigator’s Observation: Upon inspection it was noted that several of the vehicles that were parked in the garage had evidence that there is a leak in the roof that were consistent in spacing with the screws used to attached the metal paneling to the metal trusses.

Verified. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 2 - Roof panels rusting Investigator’s Observation: Upon inspection of the roof it was noted that the roof panels were showing signs of rusting.

Per manufacturer it could be from cutting the panels, metal shavings, or anything of that nature. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19

Verified. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 3 - Overhead doors leak at bottom causing flooding inside, Not sealing Investigator’s Observation: Upon inspection it was noted that there was water coming under the overhead doors.

Unable to verify, no evidence to prove or disprove complaint item constitutes poor work due to the complaint item being modified and/or corrected by another contractor prior to the inspection, ARS §32-1155 (D)(2) Governing Rule:

Complaint Item: 4 - Walk doors leak at sills Investigator’s Observation: Unable to verify, insufficient evidence to prove or disprove complaint item. Governing Rule:

Complaint Item: 5 - Overhead doors binding/grinding when in operation Investigator’s Observation: Upon inspection it was noted that when the overhead doors were opened and closed it appeared that the were binding.

Verified. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 6 - Overhead doors no longer lockable due to foundation settling Investigator’s Observation: Upon inspection the following was noted: 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19

SE door can lock and be secured. SW door cannot be locked or secured. NW door cannot be locked or secured.

Verified. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 7 - Purlin overlap issues Investigator’s Observation: No manufacturer's recommendations as how the purlin overlaps or tolerances. Governing Rule:

Complaint Item: 8 - Wall panels not installed correctly Investigator’s Observation: Upon inspection of exterior walls it was noted that there are inconsistences throughout the paneling. Most notably is what is referred to as "sharktoothing" there the overlapping panels are not at the same height near the bottom ranging from being level with the adjacent panel to being approximately 1" out of level.

Per manufacturer there is not tolerance as to how much "sharktoothing" is allowed. This can be from the wall panels not being installed plumb. However, it is visual deficiency and should be fixed by appropriated means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 9 - Panel end seals not installed causing air infiltration Investigator’s Observation: Upon inspection it was noted that the end wall rubber closures were not installed per manufacturer's final erection drawings.

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

Verified. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 10 - exterior roof corner caps not installed Investigator’s Observation: Upon inspection it was noted that the corner gutter to rake trim caps are not installed per the final erection drawings. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 11 - insulation weathered compromised due to inadequate storage and poorly installed Investigator’s Observation: Upon inspection I was unable to determine if the insulation was compromised from storage. Governing Rule:

Complaint Item: 12 - Roof not 24 gauge as requested Investigator’s Observation: There is nothing in any contract or change order that states that the roof needed to be 24 gauge steel. Governing Rule:

Complaint Item: 13 - Wall panel bulging, stripped screws Investigator’s Observation: Upon inspection several areas of the exterior walls were showing that there was a bulge and manipulating these walls showed that the screws were not properly set into the walls and were stripped out.

Verified. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

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

Complaint Item: 14 - Foundation settling, Pad not compacted Investigator’s Observation: There is insufficient evidence to prove the allegation. No correction is required by the Respondent.

Complainant did pay concrete subcontractor to add additional rebar to the pad.

Also noted was the installation of a car lift and several vehicles stored in the building. Governing Rule:

Complaint Item: 15 - Missing panel screws Investigator’s Observation: Several areas were noted to have missing screws in the exterior wall panels.

Verified. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 16 - Building modified during erection to correct overhead door locations voiding building manufacturer warranty Investigator’s Observation: Per manufacturer that the moving of a door does not void the building manufacturer warranty. Governing Rule:

Complaint Item: 17 - Building manufacturer delivers negative report on workmanship and not built to engineered plan Investigator’s Observation: Building manufacturer report does not state that the structure was not built to engineered plan. Governing Rule:

Complaint Item: 18 - Concrete floor short poured causing leaks at overhead doors 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19

Investigator’s Observation: There is insufficient evidence to prove the allegation. No correction is required by the Respondent. Governing Rule:

Complaint Item: 19 - Concrete quality dirty, debris in concrete causing multiple defects Investigator’s Observation: Concrete currently has epoxy over it and is over 2 years old. Unable to determine.

There is currently several vehicles, vehicle lifts, etc. on the concrete.

There is insufficient evidence to prove the allegation. No correction is required by the Respondent. Governing Rule:

Complaint Item: 20 - Building components stored against manufacturer recommendation causing rusting/deterioration of building components Investigator’s Observation: Manufacturer recommends storing at an angle so that water may run off to the manufactured weep holes can assist in water run off. Since the building is erected I am unable to determine if the building components have any for of deterioration. Governing Rule:

Complaint Item: 21 - Wall base angle distorted due to improper panel install, broken anchor screws Investigator’s Observation: Several areas were noted to have a slight bend. Per manufacturer specifications the base trim are manufactured with a 5 degree slope to promote watershed.

Respondent to ensure that the base trim profiles are in accordance with specifications from the manufacturer. Governing Rule: Violation of any rule adopted by the Registrar;

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · 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: 22 - Exterior trim on walk doors scratched and sharp edges , wall panel scratched as well as base trim Investigator’s Observation: Due to the timeframe from installation to inspection I unable to determine fault in regards to the scratches.

In regards to the sharp edges. This is not a contractor issue and the building owner should address these. Governing Rule:

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

Katie Hobbs, Governor Martín Quezada, Director

Complainant: Isa Ismail 3225 N White Cliffs Rd Kingman, AZ 86409

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

Respondent: H & H Development Inc DBA: 1816 Dawes St Kingman, AZ 86401

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

May 1, 2023

License No. ROC 293336

Re:Complaint No. 2023-00993

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 05/16/2023.

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

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

Compliance Item: 1 - Roof leaks Investigator’s Observation: Upon inspection it was noted that several of the vehicles that were parked in the garage had evidence that there is a leak in the roof that were consistent in spacing with the screws used to attached the metal paneling to the metal trusses.

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

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

Verified. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 2 - Roof panels rusting Investigator’s Observation: Upon inspection of the roof it was noted that the roof panels were showing signs of rusting.

Per manufacturer it could be from cutting the panels, metal shavings, or anything of that nature.

Verified. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 5 - Overhead doors binding/grinding when in operation Investigator’s Observation: Upon inspection it was noted that when the overhead doors were opened and closed it appeared that they were binding.

Verified. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 6 - Overhead doors no longer lockable due to foundation settling Investigator’s Observation: Upon inspection the following was noted: SE door can lock and be secured.

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

SW door cannot be locked or secured. NW door cannot be locked or secured.

Verified. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 8 - Wall panels not installed correctly Investigator’s Observation: Upon inspection of exterior walls it was noted that there are inconsistences throughout the paneling. Most notably is what is referred to as "sharktoothing" there the overlapping panels are not at the same height near the bottom ranging from being level with the adjacent panel to being approximately 1" out of level.

Per manufacturer there is not tolerance as to how much "sharktoothing" is allowed. This can be from the wall panels not being installed plumb. However, it is visual deficiency and should be fixed by appropriated means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 9 - Panel end seals not installed causing air infiltration Investigator’s Observation: Upon inspection it was noted that the end wall rubber closures were not installed per manufacturer's final erection drawings.

Verified. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar;

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

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

Compliance Item: 10 - exterior roof corner caps not installed Investigator’s Observation: Upon inspection it was noted that the corner gutter to rake trim caps are not installed per the final erection drawings. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 13 - Wall panel bulging, stripped screws Investigator’s Observation: Upon inspection several areas of the exterior walls were showing that there was a bulge and manipulating these walls showed that the screws were not properly set into the walls and were stripped out.

Verified. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 15 - Missing panel screws Investigator’s Observation: Several areas were noted to have missing screws in the exterior wall panels.

Verified. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

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

Compliance Item: 21 - Wall base angle distorted due to improper panel install, broken anchor screws Investigator’s Observation: Several areas were noted to have a slight bend. Per manufacturer specifications the base trim are manufactured with a 5 degree slope to promote watershed.

Respondent to ensure that the base trim profiles are in accordance with specifications from the manufacturer. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

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

Compliance Item: 3 - Overhead doors leak at bottom causing flooding inside, Not sealing Investigator’s Observation: Upon inspection it was noted that there was water coming under the overhead doors.

Unable to verify, no evidence to prove or disprove complaint item constitutes poor work due to the complaint item being modified and/or corrected by another contractor prior to the inspection, ARS §32-1155 (D)(2) Governing Rule:

Compliance Item: 4 - Walk doors leak at sills Investigator’s Observation: Unable to verify, insufficient evidence to prove or disprove complaint item. Governing Rule:

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

Compliance Item: 7 - Purlin overlap issues Investigator’s Observation: No manufacturer's recommendations as how the purlin overlaps or tolerances. Governing Rule:

Compliance Item: 11 - insulation weathered compromised due to inadequate storage and poorly installed Investigator’s Observation: Upon inspection I was unable to determine if the insulation was compromised from storage. Governing Rule:

Compliance Item: 12 - Roof not 24 gauge as requested Investigator’s Observation: There is nothing in any contract or change order that states that the roof needed to be 24 gauge steel. Governing Rule:

Compliance Item: 14 - Foundation settling, Pad not compacted Investigator’s Observation: There is insufficient evidence to prove the allegation. No correction is required by the Respondent.

Complainant did pay concrete subcontractor to add additional rebar to the pad.

Also noted was the installation of a car lift and several vehicles stored in the building. Governing Rule:

Compliance Item: 16 - Building modified during erection to correct overhead door locations voiding building manufacturer warranty Investigator’s Observation: Per manufacturer that the moving of a door

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

does not void the building manufacturer warranty. Governing Rule:

Compliance Item: 17 - Building manufacturer delivers negative report on workmanship and not built to engineered plan Investigator’s Observation: Building manufacturer report does not state that the structure was not built to engineered plan. Governing Rule:

Compliance Item: 18 - Concrete floor short poured causing leaks at overhead doors Investigator’s Observation: There is insufficient evidence to prove the allegation. No correction is required by the Respondent. Governing Rule:

Compliance Item: 19 - Concrete quality dirty, debris in concrete causing multiple defects Investigator’s Observation: Concrete currently has epoxy over it and is over 2 years old. Unable to determine.

There is currently several vehicles, vehicle lifts, etc. on the concrete.

There is insufficient evidence to prove the allegation. No correction is required by the Respondent. Governing Rule:

Compliance Item: 20 - Building components stored against manufacturer recommendation causing rusting/deterioration of building components Investigator’s Observation: Manufacturer recommends storing at an angle so that water may run off to the manufactured weep holes can assist in

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

water runoff. Since the building is erected I am unable to determine if the building components have any form of deterioration. Governing Rule:

Compliance Item: 22 - Exterior trim on walk doors scratched and sharp edges, wall panel scratched as well as base trim Investigator’s Observation: Due to the timeframe from installation to inspection I unable to determine fault in regards to the scratches.

In regards to the sharp edges. This is not a contractor issue and the building owner should address these. Governing Rule:

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

Sincerely,

Brian Binkney Brian Binkney, Investigator 928 6816042 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

CC: Respondent Complainant

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complainant: Isa Ismail 3225 N White Cliffs Rd Kingman, AZ 86409

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 Respondent: H & H Development Inc DBA: 1816 Dawes St Kingman, AZ 86401

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 October 25, 2023

Compliance Jobsite Inspection Notice Re: Complaint No. 2023-00993

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for November 9, 2023 at 10:00 AM to determine the current status of the items listed on the issued Directive.

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

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

Sincerely,

Brian Binkney Brian Binkney, Investigator 928 6816042 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

CC: Complainant Respondent

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 Complainant: Isa Ismail 3225 N White Cliffs Rd Kingman, AZ 86409

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 Respondent: H & H Development Inc DBA: 1816 Dawes St Kingman, AZ 86401

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 October 25, 2023

Re: Complaint Number 2023-00993

Dear Complainant and Respondent:

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

Brian Binkney Brian Binkney, Investigator 928 6816042 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

CC: Respondent Complainant

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 License mailing address (if different from account/company address of record):

H & H Development Inc 1816 Dawes St Kingman, AZ 86401-4823

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 Complainant: Isa Ismail 3225 N White Cliffs Rd Kingman, AZ 86409

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Respondent: H & H Development Inc DBA: 1816 Dawes St Kingman, AZ 86401

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Case No.: 2023-00993 Investigator: Brian Binkney Inspection Date: November 15, 2023 Inspection Time: 10:00 AM

Compliance Jobsite General Notes:

Compliance Findings:

Compliance Item: 2 - Roof panels rusting Investigator’s Observation: Both parties agreed on scene that the roof has not been repaired. Respondent brought in a Manufacturer representative to inspect roof and found that it was indeed rusting. It had been several months and no forward action had been done in fixing the roof and/or replacing the rusted portions. Governing Rule: A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Note:

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

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

Brian Binkney Brian Binkney, Investigator 928 6816042 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 CC: Respondent Complainant Complainant Attorney

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Respondent Attorney: Thomas E. Price, Esq. 501 E. Oak St Kingman, AZ 86401

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

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

Isa Ismail, Case No. 2023-00993 COMPLAINANT, v. H & H Development Inc CITATION License No. ROC 293336, RESPONDENT.

The Registrar issues this Citation to H & H Development Inc (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by December 7, 2023, then under A.R.S. § 32-1155(C), Respondent’s failure to answer may be deemed an admission of the act or acts charged in the underlying complaint, and the Registrar may then suspend or revoke Respondent’s license(s). THE WRITTEN COMPLAINT On February 2, 2023, Isa Ismail (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating: Charge 1: A.R.S. § 32-1154(A)(3) - R4-9-108(a) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

\\\ of 5

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602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Charge 2: A.R.S. § 32-1154(A)(22) Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a reasonable period of time after receiving a written directive from the Registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held. If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F). FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2023-00993. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted]

The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. of 5

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than December 7, 2023. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- of 5

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated November 22, 2023. By: /s/ Eric Ulinger Eric Ulinger Legal Department of 5

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, November 22, 2023 to:

Respondent Certified Mail No: [number redacted]

H & H Development Inc 1816 Dawes St Kingman, AZ 86401

Copy mailed by USPS First Class mail this same date to: Respondent H & H Development Inc 1816 Dawes St Kingman, AZ 86401

Complainant Isa Ismail 3225 N White Cliffs Rd Kingman, AZ 86409 Copy sent electronically this same date to: Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar

Case No. 2023-00993

of 5

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 2023-00993 JSI Photo 1 of 15 2023-00993 JSI Photo 2 of 15 2023-00993 JSI Photo 3 of 15 2023-00993 JSI Photo 4 of 15 2023-00993 JSI Photo 5 of 15 2023-00993 JSI Photo 6 of 15 2023-00993 JSI Photo 7 of 15 2023-00993 JSI Photo 8 of 15 2023-00993 JSI Photo 9 of 15 2023-00993 JSI Photo 10 of 15 2023-00993 JSI Photo 11 of 15 2023-00993 JSI Photo 12 of 15 2023-00993 JSI Photo 13 of 15 2023-00993 JSI Photo 14 of 15 2023-00993 JSI Photo 15 of 15 1816 Dawes Street Kingman, AZ 86401 Invoice Office (928) 692-8041 Date Invoice # Fax (928)692-8042 5/19/2020 2367

Bill To

Isa Ismail 3225 N. White Cliffs Rd. Kingman, AZ 86409

Project P.O. No. Terms Due Date

4528 Castle Rock Due on receipt 5/19/2020

Item Description Total % Job Total Class Amount Paid

Construction Revised site plan, engineering of blueprints and 100.00% 1,650.00 4528 Castle Ro... 1,650.00 Mohave County resubmit fee. Construction Change Order for construction of Retention Pond. 100.00% 875.00 4528 Castle Ro... 875.00

Total $2,525.00 Payment Methods: Cash, Checks made payable to H & H Development, Inc. or Debit/Credit Cards* Payments/Credits $0.00 (* 4% processing fee added to project total for Debit/Credit Cards)

Balance Due $2,525.00 CONFIRMATION OF DELIVERY NUCOR BUILDINGS GROUP 1050 N. Watery Lane Brigham City, Utah 84302 PHONE: (435) 919-3100 FAX: (435) 919-3015 JOB NAME: CWE -N18D1094 Ishmael JOB NUMBER: N19D0528A PHONE: (928) 692-8041 CUSTOMER: H & H Development, Inc. FAX: (928) 692-8042 CONTACT: Richard Hamilton CREDIT TERMS: COD Cashier/Certified Check $12,549.10 SHIPPING ADDRESS: 4528 Castel Rock Rd

CITY: Kingman STATE: AZ ZIP: 86409 COUNTRY: United States

NUMBER OF TRUCKS TOTAL: 1 NUMBER OF TRUCKS THIS DELIVERY: 1

TRAILER # TIME OF ARRIVAL COMMENTS Roehl 43606 8/7 8AM 42835 structure, panel, skids, accessory _______________________________________________________________________________________________________ TERMS OF DELIVERY 1. THE PURCHASER OR PURCHASER'S REPRESENTATIVE AGREES TO CAREFULLY CHECK ALL MATERIAL AGAINST SHIPPING LISTS UPON UNLOADING. NO CLAIMS FOR SHORTAGES OR FOR IMPROPER, DEFECTIVE OR DAMAGED MATERIAL WILL BE ACCEPTED BY AMERICAN BUILDINGS COMPANY UNLESS PROMPT NOTICE IS GIVEN SPECIFYING THE NATURE AND EXTENT OF THE SHORTAGE OR DEFECT. "SECTION 5 DELIVERY AND RECEIPT" OF THE MBMA "COMMON INDUSTRY PRACTICES" SHALL GOVERN THE SHIPPING, TRANSPORTING AND DELIVERY PROCEDURES USED BY AMERICAN BUILDINGS COMPANY.

2. IF, IN THE OPINION OF THE DELIVERING TRUCK DRIVER, IT IS IMPRACTICAL TO REACH THE JOB SITE TO OFF LOAD THE MATERIAL, THE POINT OF DELIVERY SHALL BE THAT PLACE WHERE THE TRUCK CAN, IN THE DRIVER'S JUDGMENT, REASONABLY PROCEED.

3. THE DELIVERING CARRIER WILL CONFIRM DIRECT WITH THE PURCHASER THE SCHEDULED ARRIVAL TIMES AND/OR NOTIFY THE PURCHASER DIRECT OF ANY CHANGE IN THE ARRIVAL TIMES.

4. DELIVERY IS SCHEDULED, AS MUCH AS POSSIBLE, AT THE CONVENIENCE OF THE PURCHASER. EACH TRUCK IS TO BE UNLOADED AND RELEASED WITHIN FOUR (4) HOURS FROM THE APPOINTED DELIVERY TIME AS SCHEDULED ABOVE. IN THE EVENT THE TRUCK OR TRUCKS ARE NOT UNLOADED AND/OR NOT RELEASED IN THE SEQUENCE LISTED ABOVE, THE PURCHASER WILL BE INVOICED AT A RATE OF $50.00 PER HOUR PER VEHICLE. IN THE EVENT THE DELIVERY IS NOT AT THE JOB DESCRIBED ABOVE WITHIN TWO (2) HOURS OF THE SCHEDULED TIME, THE LIMIT OF LIABILITY SHALL BE $50.00 PER HOUR PER TRUCK UP TO EIGHT (8) HOURS MAXIMUM. IN ORDER TO OBTAIN CREDIT FOR LATE DELIVERIES, THE DATE AND TIME OF TRUCK ARRIVALS MUST BE NOTED ON THE AMERICAN BUILDINGS COMPANY BILL OF LADING AND SIGNED BY THE RECEIVING PERSON.

5. NO CLAIMS FOR COMPENSATION FOR SHORTAGES, ERRORS, DEFECTS IN MATERIAL OR WORKMANSHIP WILL BE ALLOWED UNLESS AMERICAN BUILDINGS COMPANY IS GIVEN NOTICE AND THE OPPORTUNITY TO INVESTIGATE, INSPECT AND CORRECT THE SITUATION. IF SHORTAGES, ERRORS, DEFECTIVE MATERIAL OR WORKMANSHIP ARE DISCOVERED AT ABC'S OPTION THE COMPENSATION ALLOWED TO THE PURCHASER SHALL BE ONLY THE REASONABLE COST OF CORRECTING THE ERROR AND/OR REPLACING THE DEFECTIVE MATERIAL. NO COMPENSATION WILL BE PAID BY ABC FOR DELAYS CAUSED BY SHORTAGES, ERRORS, DEFECTS OR JOB SITE CONDITIONS.

6. AT NO COST TO AMERICAN BUILDINGS COMPANY, THE PURCHASER IS RESPONSIBLE FOR RELOADING ON CARRIERS' DESIGNATED TRUCKS STANDING SEAM ROOF PANEL SHIPPING RACKS OR OTHER SHIPPING RACKS THAT ARE USED BY ABC TO TRANSPORT MATERIAL. Nucor Buildings group P.O. Box 907 Phone: (435) 919-3100 Brigham City, UT 84302 Fax: (435) 919-3015

DISPATCH DELIVERY CONFIRMATION Date: 5/29/2019

Attention: Richard Hamilton Company: H & H Development, Inc.

This is to confirm our telephone conversation concerning the delivery date and time for the following project/projects.

Job Number: N18D1094A Job Name: ISHMAEL

Please verify that the following information is correct. Telephone number: (928) 692-8041 Alternate number: Fax number: (928) 692-8042

Ship to address: 4528 Castle Rock Rd.

Kingman, AZ 86409 United States

Scheduled delivery date: 6/7/2019

Credit Status: COD (Cashier/Certified Check) $60,223.00 Other Comments: DELIVERY SCHEDULED TO BEGIN AT 8:00 A.M.

* If any changes to the shipping address are required please contact your Project Coordinator immediately!

Any questions or concerns may be addressed to me at (435) 919-3276.

mindee jeppsen Dispatcher

Cc: Job File Dawn Winchester <[email redacted]>

RE: ABC: N18D1094A Ishmael - Panel and Column Issue message

Flores, Flavio (ABCNV) <[email redacted]> Mon, Jul 1, 2019 at 2:30 PM To: "[email redacted]" <[email redacted]> Cc: "Solorio, Cedro (ABCNV)" <[email redacted]>, "Santos, Rebecca (ABCNV)" <[email redacted]>, "Jenkins, Mike (ABCNV)" <[email redacted]>

Hello Richard,

As a follow up to our conversation, attached is the revised CWE changing the wall panels from 24ga to 26ga. I’m still working on the production dates for you. More info to follow on this.

Please review, sign and return to get the order in our system and help expedite.

Thanks,

Flavio Flores

Project Coordinator- ABC West

Phone: 209.248.6316

From: Flores, Flavio (ABCNV) Sent: Thursday, June 27, 2019 12:10 PM To: Jenkins, Mike (ABCNV) <[email redacted]>; [email redacted] Cc: Solorio, Cedro (ABCNV) <[email redacted]>; Santos, Rebecca (ABCNV) <Rebecca.Santos@ americanbuildings.com> Subject: RE: ABC: N18D1094A Ishmael - Panel and Column Issue

Richard,

As a follow up to our conversation from earlier today. Attached is the CWE for review and approval. Please sign and return.

Let me know if you have any questions.

Thanks & regards,

Flavio Flores

Project Coordinator- ABC West

Phone: 209.248.6316 From: Flores, Flavio (ABCNV) Sent: Wednesday, June 26, 2019 4:30 PM To: Jenkins, Mike (ABCNV) <[email redacted]>; [email redacted] Cc: Solorio, Cedro (ABCNV) <[email redacted]>; Santos, Rebecca (ABCNV) <Rebecca.Santos@ americanbuildings.com> Subject: RE: ABC: N18D1094A Ishmael - Panel and Column Issue

Hello Richard,

Cedro is out of the office until Friday and I’m covering for him. The cost of the CWE (Components With Engineering) is $12,670 plus tax and freight. ABC will be providing the engineering as a courtesy (no charge). The freight cost for a dedicated truck is $1,980. We can fine tune freight as we get closer to delivery.

Please advise if you wish to proceed and I will create the CWE for your signature and approval. EWO’s typically don’t involve material hence why we are doing a CWE instead.

Let us know if you have any questions or concerns.

Thanks & regards,

Flavio Flores

Project Coordinator- ABC West

Phone: 209.248.6316

From: Jenkins, Mike (ABCNV) <[email redacted]> Sent: Wednesday, June 26, 2019 11:15 AM To: [email redacted] Cc: Solorio, Cedro (ABCNV) <[email redacted]>; Flores, Flavio (ABCNV) <flavio.flores@ americanbuildings.com>; Santos, Rebecca (ABCNV) <[email redacted]>; Adler, Wayne (ABCNV) <[email redacted]> Subject: ABC: N18D1094A Ishmael - Panel and Column Issue

Hello Richard,

To give you an update on what we are doing…

· We are going to have to create an EWO (Engineer’s Work Order) to investigate the changing of the tapered columns to straight. After a very quick glance, the manager believes we can just replace the columns and flange bracing and still utilize the existing rafters. This is good news and will minimize the cost, but a thorough investigation is necessary. The cost for this will include materials, design time and detailing time. Cedro is in the process of creating this EWO so we can get the investigation moving forward. Once we get the price and you determine if we move forward, we have to put it into detailing for the new columns and then release it to the shop for production. We will do our best to make all this happen as quickly as poss ble.

· We are going to price out the “Slate Gray” wall panels and screws to see what the costs are going to be. We are unable to take the “Brick Red” panels back and reuse them. You may be able to sell them on eBay/Craig’s List to some locals and get your money back (we have heard of this happening in the past with some success.)

· We are going to investigate shipping options to see if we can add this new material onto another order to minimize the cost of shipping. We don’t know if we can make this happen, but we are going to try to minimize the shipping costs the best we can as well.

Either I or Cedro will let you know how things are progressing and/or if we have any questions.

We will do our best to assist H&H and the end owner.

Thank you.

Mike Jenkins

District Sales Manager – AZ.CO.NM.NV.TX.UT

American Buildings Company – West Division

2260 Tenaya Drive • Modesto, CA 95354

Cell: 435.272.6121

M [email redacted]

N18D1094 CWE Ishmael - Straight columns and replacement panels.pdf 452K Nina Scheerer <[email redacted]>

Final Invoice for 4528 Castle Rock Nina Scheerer <[email redacted]> Mon, Dec 28, 2020 at 12:21 PM To:

I have replied to all areas of your email in italics. Myra will be out of the office and I will be handling your project with Richard for this time. As we did not get to discuss these options in person at the job site at 9am this morning because you did not make it to the meeting, here is as much detail as we could find in regards to your prior emails

I am still waiting on Unisource to provide power to the new building. What I know is they are waiting for the green tag on the main power to complete hookup

- Your three-phase panel is beyond our contract. That was something you had went to our sub- contractor about without discussing with the contractor first. Meaning it is not paid for. This will be our 3rd request for payment. Apparently there ha not been an in pection a required to move forward

We CAN NOT have a final inspection done because you have occupied the building Per code and contract, you cannot put your belongings in the building until you have a certificate of occupancy. It will not pass final inspection since you have taken occupancy of the building Furthermore, there is tread marks all over the concrete made by your machines. Cleanup of this will not fall on H&H Development Inc. Please remove your belongings from the building. I will provide photos. They will not connect until that has been done, So waiting on inspection for that to be completed.

-Again, can not inspect building while it is occupied. When can that be e pected and why ha it not already been done if the project i completed a you ay?

Project is completed, currently waiting on final payment per contract What about the final inspection?

-Final inspection can not be done while building is occupied. Will attach photos of you occupying the building before final. On another note after you emailed the bill on 12/17/2020 stating project was completed, I went to the job site and noticed that the electrical panel was open and wires hanging out along with the water heater not completed and plumbing fixtures etc...was not as well.

-We also went to the job site, where you were to meet us. You did not show up. However, I did take pictures of exterior electrical panel, interior electrical panel and hot water heater and found none of those things you mentioned. I will also provide photos. In regard to the e tra you have included in the bill, The plumber tated it doe not matter about the water heater location ( He aid he i not charging any additional co t )

The plumber is employed by us What we agree to with him is between H&H Development INC and the sub contractor. And the electrical outlets you mention are also within the contract. You provided me with the electric plan page to mark where I wanted the outlet and did ju t o with the electrician agreeing to placement If there are any e tra outlet in talled, they were not in tructed by me You did a walk through with our electrician and requested additional outlets beyond what was in contract You were not charged for these additional outlets. Would you like us to remove the free outlets we installed for you? The additional electric that we did put a change order in for was for the garage doors The plans and contract was for standard roll open garage door, you requested electrical opening garage doors. The lighting wa al o not my idea to be horted 4 light fi ture but recommended by the electrician a a better alternative which I agreed with out further knowledge of what was to be expected.

You were provided with upgraded lights They are smaller but more powerful and energy efficient The electrician absorbed the costs on this. Would you like us to remove the upgraded lighting fixtures that were of no extra cost to you and put in the cheaper bulkier lights? The wiring for the light switches also have been shorted. Instead of a switch for each bay as shown on plans there is only one for 3 bays. That is not in the contract.

-On the plans the lighting switches are correct. Because you upgraded the lights, each bay does not need it’s own switch, it will run at more efficiency than if you had kept the builder grade fixtures meaning that all lights can run without using more electricity. There are switches by each man door as per plan. This is what you wanted and requested the electrician to do without our knowledge.

Also, I will need a C of O as I have been instructed before final payment will be acknowledged.

Please clear out belongings and submit final payment As previously stated Please let me know when I can expect actual completion and a C of O.

- No certificate of completion can be done or final inspection while you have occupied the building. I have been extremely patient regarding this project and any further delays regarding the project completion will not be tolerated

- We are very excited to complete this project, please take steps we have requested.

Just for your info, When Steve Barkhurst and I discussed running the electric supply, We discussed the 3 phase alternative.

-Yes, this was an upgrade that was discussed between you and the electrician without contractor approval. Steve aid he would be charging $2000 to run the main line from e i ting building to new building and I can e pect a credit for that + the 30% markup credit as well that Richard verbally mentioned on the last phone call from Richard inquiring about the relocation of the dumpster.

-This is a private arrangement you have made with Barkhurst Electric. We spoke with Steven today. He said he made an arrangement with you outside of or contract. You owe him and he had given you a discount of x amount of dollars. I do not know further details as this is between you and him. I was present during the conversation with Richard regarding the dumpster and no mention of anything on electric being discounted.

I agreed with Steve on that and I said I will notify you of the change and he said don't worry about it he will contact Richard about that and agreed 3 phase would be best for my use.

-Again, this was another instance that you had gone to our sub-contractor and made arrangements for work to be done outside our scope and contract. Unisource met with me at that time after and told me if I was to connect to the existing power it would not be enough and there power lines would melt under fire from the excessive loads expected.

-I was not present during this conversation, neither was the contractor so I can not speak on what might have been said between you and Unisource. So a credit of that is expected along with other credits due that were mentioned in the past in reference to the building specs that were not correct from the beginning.

- As per contract $37,500.00 is the final amount due. No discounts will be given. No discounts will be given on private arrangements you made with the electrician As stated in emails with Myra, we need final payment to pay our subcontractors for the work done on this job as this job is completed. Nina Scheerer Project Manager H & H Development , INC. AZ ROC #293336

928-692-8041 | 928-303-8215

[email redacted]

hhdevhome com

1816 Dawes Street Kingman, AZ 86401

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November 23, 2020

Dear Isa Ismail,

Following our recent email conversations, we thought it would be best to reach out to you and clarify

what is in happening on your project, what is included in your project and what will happen when the

contract is complete.

We are very excited that we are nearing the completion of your project. Our crew has been there the

past 4 days to complete the bathrooms. Unfortunately, after the texture was completed our crew

noticed it did not meet H & H standards and fixed it to provide you with the smooth texture you were

wanting at no additional cost. Once completed, the bathrooms will be painted SW High Reflective

White as specified in your email. After paint we will install grab bars along the side and back of each

toilet for ADA compliance and install black rubber base board on the interior and exterior of the

bathrooms. I have scheduled the plumber and electrician for the final work to be completed. I have

spoken to both subcontractors to ensure that only the scope of work, in your contract and plans, is to

be completed and any changes are to be brought to H & H Development, Inc. for approval before

completion. As I stated in the previous letter sent November 2, 2020, all changes are to be approved

by H & H Development, Inc. prior to completion. If this does not happen, we have instructed our

subcontractors to bill you out for any additional work or changes. If we are billed for additional work

or changes, such as moving the water heater, changing the framing, adding additional electrical and

plumbing, we will bill you out for the changes with a 15% mark up as stated in your contract. Once 1816 Dawes Street Kingman, AZ 86401 ROC #293336 _________________________________________________________________________________

the electrician and plumber are finished, we will have mirrors installed and touch up paint completed

if necessary.

In regards to the scope of work, the contract and plans that hold your approval signature are what we

use for your project. Now that we are nearing completion it has been brought to your attention that

you want more than what is in your signed contract. Such as smooth textured wall, additional

electrical and plumbing, additional paint color, flooring or sealing of concrete in the bathrooms and

additional concrete stoop in front of the garage door on the back of the building. We understand that

some of the items listed were questions of if you would receive them. Please understand that what

you are receiving is in your contract. If an item is missing in the contract, such as the drywall texture,

a contractor grade option is what is used or if an item is not included in the contract, it is not offered

in your contract.

Once we are completed with the pouring of the last stoop and completion of the bathrooms, we will

call for inspection on plumbing and electrical. Our contract will be complete at that time and we will

bill you out for the final amount of the contracted price. You will be provided with our workmanship

warranty information and subcontractor information on plumbing and electrical.

If you have any questions please call or email us.

Best Regards,

H & H Development, Inc. 1816 Dawes Street Kingman, AZ 86401 ROC #293336 _________________________________________________________________________________

September 2, 2020

Project: Metal Building on 4528 Castle Rock Kingman, AZ 86409 Subject: Notice of Suspension Due to Nonpayment

Isa,

We have made attempts to collect payment for the 3rd draw of contracted amount. We emailed and

mailed you invoice #2419 on July 27, 2020, August 5, 2020 and August 18, 2020. We have remained

patient and have worked with you in regards to gaining funding to pay us. However, it has been over

day since you were invoiced and we have not received payment.

At this time, we are providing you a 7-day notice of our intent to suspend performance on your

project. This means all performance on your project will be stopped and the building permit

suspended. This is stated in the signed contract, page 8, section 13.

To avoid this action please remit payment within 7 business days of this notice. If payment is not

received before or on September 11, 2020 during office hours, we will be pursuing the above action.

If you have any questions please contact our office at 928-692-8041. You can also contact Owner,

Richard Hamilton at 928-279-1090.

Thank you,

Myra M. Ossman Office Manager H & H Development, Inc. Hours: Monday – Thursday 7:30AM to 3:30PM Friday 7:30AM to NOON 1816 Dawes Street Kingman, AZ 86401 ROC #293336 _________________________________________________________________________________

November 2, 2020

Isa Ismail,

While performing a walkthrough of the metal building project located at 4528 Castle Rock Kingman,

AZ 86409, it was noted that there have been modifications to the blueprints. Changes are as follows;

electrical, plumbing and framing have been changed from the blueprints approved by us and Mohave

County.

As stated in your contract no changes were to be made prior to the Contractor’s approval. Due to

these unapproved changes we cannot guarantee that your project will pass inspection and this may

cause further delay. The bathroom need to be ADA compliant per Mohave County and due to the

relocation of the water heater this may cause an issue in compliance. Furthermore, if the changes

made result in additional charges, you are responsible for those charges including tax and a 15%

mark up as stated in your contract.

Please contact us for approval prior to making anymore changes to your project. We want to avoid

any delays due to being close to completing this project. Once the project is completed, paid in full

with a certificate of occupancy, you will be able to make changes as you see fit. Please contact our

office at 928-692-8041 with any questions.

Best Regards,

H & H Development, Inc Team Katie Hobbs, Governor Martín Quezada, Director

Complainant: Isa Ismail 3225 N White Cliffs Rd Kingman, AZ 86409

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C005 04/21 Katie Hobbs, Governor Martín Quezada, Director

Respondent: H & H Development Inc DBA: 1816 Dawes St Kingman, AZ 86401

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C005 04/21 Katie Hobbs, Governor Martín Quezada, Director

May 16, 2023

Re: Complaint No. 2023-00993

The written directive issued for this complaint has been extended until 5:00 pm on 05/26/23 at the request of the respondent.

If you have any questions or comments, please feel free to contact me.

Sincerely,

Brian Binkney Brian Binkney, Investigator 928 6816042 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

Cc: File Respondent Complainant

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C005 04/21 Complainant: Isa Ismail 3225 N White Cliffs Rd Kingman, AZ 86409

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 Respondent: H & H Development Inc DBA: 1816 Dawes St Kingman, AZ 86401

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 October 25, 2023

Re: Complaint Number 2023-00993

Dear Complainant and Respondent:

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

Brian Binkney Brian Binkney, Investigator 928 6816042 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

CC: Respondent Complainant

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 License mailing address (if different from account/company address of record):

H & H Development Inc 1816 Dawes St Kingman, AZ 86401-4823

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 Complainant: Isa Ismail 3225 N White Cliffs Rd Kingman, AZ 86409

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Respondent: H & H Development Inc DBA: 1816 Dawes St Kingman, AZ 86401

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Case No.: 2023-00993 Investigator: Brian Binkney Inspection Date: November 15, 2023 Inspection Time: 10:00 AM

Compliance Jobsite General Notes:

Compliance Findings:

Compliance Item: 2 - Roof panels rusting Investigator’s Observation: Both parties agreed on scene that the roof has not been repaired. Respondent brought in a Manufacturer representative to inspect roof and found that it was indeed rusting. It had been several months and no forward action had been done in fixing the roof and/or replacing the rusted portions. Governing Rule: A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Note:

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

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

Brian Binkney Brian Binkney, Investigator 928 6816042 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 CC: Respondent Complainant Complainant Attorney

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Respondent Attorney: Thomas E. Price, Esq. 501 E. Oak St Kingman, AZ 86401

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Complainant: Isa Ismail 3225 N White Cliffs Rd Kingman, AZ 86409

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 Respondent: H & H Development Inc DBA: 1816 Dawes St Kingman, AZ 86401

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 October 25, 2023

Compliance Jobsite Inspection Notice Re: Complaint No. 2023-00993

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for November 9, 2023 at 10:00 AM to determine the current status of the items listed on the issued Directive.

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

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

Sincerely,

Brian Binkney Brian Binkney, Investigator 928 6816042 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

CC: Complainant Respondent

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 Katie Hobbs, Governor Martín Quezada, Director

Complainant: Isa Ismail 3225 N White Cliffs Rd Kingman, AZ 86409

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

Respondent: H & H Development Inc DBA: 1816 Dawes St Kingman, AZ 86401

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

May 1, 2023

License No. ROC 293336

Re:Complaint No. 2023-00993

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 05/16/2023.

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

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

Compliance Item: 1 - Roof leaks Investigator’s Observation: Upon inspection it was noted that several of the vehicles that were parked in the garage had evidence that there is a leak in the roof that were consistent in spacing with the screws used to attached the metal paneling to the metal trusses.

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

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

Verified. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 2 - Roof panels rusting Investigator’s Observation: Upon inspection of the roof it was noted that the roof panels were showing signs of rusting.

Per manufacturer it could be from cutting the panels, metal shavings, or anything of that nature.

Verified. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 5 - Overhead doors binding/grinding when in operation Investigator’s Observation: Upon inspection it was noted that when the overhead doors were opened and closed it appeared that they were binding.

Verified. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 6 - Overhead doors no longer lockable due to foundation settling Investigator’s Observation: Upon inspection the following was noted: SE door can lock and be secured.

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

SW door cannot be locked or secured. NW door cannot be locked or secured.

Verified. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 8 - Wall panels not installed correctly Investigator’s Observation: Upon inspection of exterior walls it was noted that there are inconsistences throughout the paneling. Most notably is what is referred to as "sharktoothing" there the overlapping panels are not at the same height near the bottom ranging from being level with the adjacent panel to being approximately 1" out of level.

Per manufacturer there is not tolerance as to how much "sharktoothing" is allowed. This can be from the wall panels not being installed plumb. However, it is visual deficiency and should be fixed by appropriated means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 9 - Panel end seals not installed causing air infiltration Investigator’s Observation: Upon inspection it was noted that the end wall rubber closures were not installed per manufacturer's final erection drawings.

Verified. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar;

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

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

Compliance Item: 10 - exterior roof corner caps not installed Investigator’s Observation: Upon inspection it was noted that the corner gutter to rake trim caps are not installed per the final erection drawings. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 13 - Wall panel bulging, stripped screws Investigator’s Observation: Upon inspection several areas of the exterior walls were showing that there was a bulge and manipulating these walls showed that the screws were not properly set into the walls and were stripped out.

Verified. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 15 - Missing panel screws Investigator’s Observation: Several areas were noted to have missing screws in the exterior wall panels.

Verified. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

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

Compliance Item: 21 - Wall base angle distorted due to improper panel install, broken anchor screws Investigator’s Observation: Several areas were noted to have a slight bend. Per manufacturer specifications the base trim are manufactured with a 5 degree slope to promote watershed.

Respondent to ensure that the base trim profiles are in accordance with specifications from the manufacturer. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

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

Compliance Item: 3 - Overhead doors leak at bottom causing flooding inside, Not sealing Investigator’s Observation: Upon inspection it was noted that there was water coming under the overhead doors.

Unable to verify, no evidence to prove or disprove complaint item constitutes poor work due to the complaint item being modified and/or corrected by another contractor prior to the inspection, ARS §32-1155 (D)(2) Governing Rule:

Compliance Item: 4 - Walk doors leak at sills Investigator’s Observation: Unable to verify, insufficient evidence to prove or disprove complaint item. Governing Rule:

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

Compliance Item: 7 - Purlin overlap issues Investigator’s Observation: No manufacturer's recommendations as how the purlin overlaps or tolerances. Governing Rule:

Compliance Item: 11 - insulation weathered compromised due to inadequate storage and poorly installed Investigator’s Observation: Upon inspection I was unable to determine if the insulation was compromised from storage. Governing Rule:

Compliance Item: 12 - Roof not 24 gauge as requested Investigator’s Observation: There is nothing in any contract or change order that states that the roof needed to be 24 gauge steel. Governing Rule:

Compliance Item: 14 - Foundation settling, Pad not compacted Investigator’s Observation: There is insufficient evidence to prove the allegation. No correction is required by the Respondent.

Complainant did pay concrete subcontractor to add additional rebar to the pad.

Also noted was the installation of a car lift and several vehicles stored in the building. Governing Rule:

Compliance Item: 16 - Building modified during erection to correct overhead door locations voiding building manufacturer warranty Investigator’s Observation: Per manufacturer that the moving of a door

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

does not void the building manufacturer warranty. Governing Rule:

Compliance Item: 17 - Building manufacturer delivers negative report on workmanship and not built to engineered plan Investigator’s Observation: Building manufacturer report does not state that the structure was not built to engineered plan. Governing Rule:

Compliance Item: 18 - Concrete floor short poured causing leaks at overhead doors Investigator’s Observation: There is insufficient evidence to prove the allegation. No correction is required by the Respondent. Governing Rule:

Compliance Item: 19 - Concrete quality dirty, debris in concrete causing multiple defects Investigator’s Observation: Concrete currently has epoxy over it and is over 2 years old. Unable to determine.

There is currently several vehicles, vehicle lifts, etc. on the concrete.

There is insufficient evidence to prove the allegation. No correction is required by the Respondent. Governing Rule:

Compliance Item: 20 - Building components stored against manufacturer recommendation causing rusting/deterioration of building components Investigator’s Observation: Manufacturer recommends storing at an angle so that water may run off to the manufactured weep holes can assist in

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

water runoff. Since the building is erected I am unable to determine if the building components have any form of deterioration. Governing Rule:

Compliance Item: 22 - Exterior trim on walk doors scratched and sharp edges, wall panel scratched as well as base trim Investigator’s Observation: Due to the timeframe from installation to inspection I unable to determine fault in regards to the scratches.

In regards to the sharp edges. This is not a contractor issue and the building owner should address these. Governing Rule:

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

Sincerely,

Brian Binkney Brian Binkney, Investigator 928 6816042 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

CC: Respondent Complainant

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

Complainant: Isa Ismail 3225 N White Cliffs Rd Kingman, AZ 86409

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C008 05/21 Katie Hobbs, Governor Martín Quezada, Director

Respondent: H & H Development Inc DBA: 1816 Dawes St Kingman, AZ 86401

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C008 05/21 Katie Hobbs, Governor Martín Quezada, Director

February 28, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-00993

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for March 15, 2023 at 11:30 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

COMPLAINANT: 1. Under A.R.S. § 32-1155(D)(1), the Respondent must be allowed, upon request, the opportunity to inspect the 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 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, Brian Binkney Brian Binkney, Investigator (928) 681-6042 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

CC: Respondent 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 C008 05/21 Katie Hobbs, Governor Martín Quezada, Director

A Guide to Jobsite Inspections

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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 Received 12/01/2023 ROC Legal Received 12/01/2023 ROC Legal Received 12/01/2023 ROC Legal Received 12/01/2023 ROC Legal Received 12/01/2023 ROC Legal Received 12/01/2023 ROC Legal Received 12/01/2023 ROC Legal Received 12/01/2023 ROC Legal Received 12/01/2023 ROC Legal Received 12/4/23, 8:04 AM State of Arizona Mail - Fwd: Citation - 2023-00993 12/01/2023 ROC Legal

Answers - AZROC <[email redacted]>

Fwd: Citation - 2023-00993 message

HH Development Homes <[email redacted]> Fri, Dec 1, 2023 at 1:49 PM To: [email redacted]

ROC, Please see the attached response regarding case 2023-00993. documents attached, please let me know if you can't read them.

https://mail.google.com/mail/b/AEoRXRRLpJ6Q-iVPa8DP4ACx7i8BbB4Lz3KeZNe1xrrvOwK7MD-c/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 1/2 Received 12/4/23, 8:04 AM State of Arizona Mail - Fwd: Citation - 2023-00993 12/01/2023 ROC Legal

ROC reply.pdf

Dawn Winchester Office Manager H & H Development, Inc. 1816 Dawes Street Kingman, AZ 86401 ROC 293336 Phone:928-692-8041 Fax: 928-692-8042 www.hhdevhomes.com

---------- Forwarded message --------- From: Eric Ulinger <[email redacted]> Date: Wed, Nov 22, 2023 at 8:20 AM Subject: Citation - 2023-00993 To: <[email redacted]>, <[email redacted]>

Attached please find an electronic copy of the citation in case 2023-00993. This document was also sent to your attention via U.S. Mail.

Please do not reply directly to this email. Any reply or response should be addressed to [email redacted]

-- Eric Ulinger Registrar of Contractors Legal Department 602-771-6756 [email redacted]

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20231122 Citation and Complaint - 2023-00993.pdf 15070K

https://mail.google.com/mail/b/AEoRXRRLpJ6Q-iVPa8DP4ACx7i8BbB4Lz3KeZNe1xrrvOwK7MD-c/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 2/2 Received 12/07/2023 ROC Legal Received 12/07/2023 ROC Legal Received 12/07/2023 ROC Legal Received 12/07/2023 ROC Legal Received 12/07/2023 ROC Legal Received 12/07/2023 ROC Legal Received 12/07/2023 ROC Legal Received 12/07/2023 ROC Legal Received 12/07/2023 ROC Legal Received 12/07/2023 ROC Legal Received 12/07/2023 ROC Legal Received 12/07/2023 ROC Legal Received 12/07/2023 ROC Legal Received 12/07/2023 ROC Legal Received 12/07/2023 ROC Legal Received 12/07/2023 ROC Legal Received 12/07/2023 ROC Legal Received 12/07/2023 ROC Legal Received 12/07/2023 ROC Legal Received 12/07/2023 ROC Legal Received 12/07/2023 ROC Legal Received 12/07/2023 ROC Legal Received 12/07/2023 ROC Legal Received 12/07/2023 ROC Legal Received 12/07/2023 ROC Legal Received 12/07/2023 ROC Legal Received 12/07/2023 ROC Legal Received 12/07/2023 ROC Legal Received 12/07/2023 ROC Legal Received 12/07/2023 ROC Legal Received 12/07/2023 ROC Legal Received 12/07/2023 ROC Legal Received 12/7/23, 11:44 AM State of Arizona Mail - Ismail vs. H & H Development - Case No. 2023-00993 12/07/2023 ROC Legal

Answers - AZROC <[email redacted]>

Ismail vs. H & H Development - Case No. 2023-00993 message

[email redacted] <[email redacted]> Thu, Dec 7, 2023 at 11:12 AM To: [email redacted], [email redacted]

Please see attached Answer and Motion to Dimiss.

__________________________ Thomas E. Price, Esq. 501 E. Oak St. Kingman AZ 86401 (928) 753-1112 (928) 753-9395 fax

[email redacted]

www.tompricelawyer.com Hours: Mon-Thur 9-4:30 (Closed 11:30-1:30 for lunch) (Closed all Federal holidays)

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https://mail.google.com/mail/b/AEoRXRTn3ixhkl9l4TXtHkvHzGTbEafhV3iG6IZmYLYLL593BqBo/u/0/?ik=581c53cf5c&view=pt&search=all&permthid=t… 1/2 Received 12/7/23, 11:44 AM State of Arizona Mail - Ismail vs. H & H Development - Case No. 2023-00993 12/07/2023 ROC Legal

Scan.pdf 11620K

https://mail.google.com/mail/b/AEoRXRTn3ixhkl9l4TXtHkvHzGTbEafhV3iG6IZmYLYLL593BqBo/u/0/?ik=581c53cf5c&view=pt&search=all&permthid=t… 2/2 Mediation Notice

Mediation Services Mediation services are available to the parties. What is Mediation? Mediation is a method of resolving disputes where the parties can end conflict without the expense and time associated with the full administrative process. Who Participates in During mediation, a mediator will attempt to help the Mediation? parties find an optimal solution to the conflict. Both parties must agree to participate in mediation, and both parties must bring a representative to mediation that has full authority to settle the entire matter. Mediation Is Not Neither the Registrar nor the Office of Administrative Mandatory Hearings will penalize a party for not agreeing to mediation. Where do the Parties The parties will meet at the Office of Administrative Meet for Mediation? Hearings to participate in mediation.

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

v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.

REQUEST

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

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

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

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

_____________________________________ _______________________ Respondent (or representative) Date

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

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

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

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

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

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

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

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

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

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

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

Exhibit Exhibit Name

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

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

Print Name Signature Date

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