2023A-01156-CHC-ROC Notice of Hearing and Packet MAILED

2023A-01156-CHC-ROC · Registrar of Contractors · 2024-05-17

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

James S Russ , Case No. 2023-01156

COMPLAINANT, Docket No. 2023A-01156-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Titan Solar Power AZ Inc. License No. ROC 340249, 334037

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

HEARING INFORMATION The hearing is set for:

June 21, 2024 1:00 PM Jenna Clark 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 March 11, 2024. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED The complaint and citation allege that the Respondent committed the following act(s): Charge: 1 A.R.S. § 32-1154(A)(2)(a)

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

Charge: 3 A.R.S. § 32-1154(A)(22)

THE PARTIES TO THE ADMINISTRATIVE HEARING Because Respondent is a licensee and is charged with an act(s) or omission(s) that is cause for the suspension or revocation of a license, Respondent is a party to this case and will be a party to the hearing. Because Complainant alleged Respondent committed an act(s) or omission(s) that is cause for the suspension or revocation of a license, Complainant is a party to this case and will

be a party to the hearing.

Respondent and Complainant, as the parties to the hearing, will present evidence and

argument to the administrative law judge.

The Registrar’s assigned investigator will appear as a witness at the hearing. RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney.

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

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

1156(B).

CHANGE OF ADDRESS Each party must inform the Registrar and the Office of Administrative Hearings of any change of address within five (5) days of the change. A.R.S. § 41-1092.04.

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

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

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

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

HEARING PACKET

In the interests of administrative efficiency, the Registrar compiles and discloses

certain documents to the parties and the Office of Administrative Hearings. These documents are attached to this Notice of Hearing as the “Hearing Packet.” If any party wishes to submit additional evidence, they must do so during the hearing after completing a disclosure statement. See “Disclosure Statement” section below.

SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS

The parties to the hearing must be prepared to present evidence in support of their

case. If a party wants to obtain testimony from a witness or documents not in the party’s

possession, the party must prepare and file a written subpoena for the Administrative Law Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a

subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com. The party seeking a subpoena must serve notice on all the parties to the hearing, and on the Registrar. A.R.S. § 41-1092.04.

DISCLOSURE STATEMENT

At least seven calendar days before the hearing, each party must prepare and serve a disclosure statement on all other parties, and file it with the Office of Administrative Hearings. A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the party will use at the hearing. A party’s failure to timely disclose any witness or exhibit, without good cause, may result in the administrative law judge excluding those witnesses or exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is available on the Registrar’s website at https://roc.az.gov/forms/RC-L-800A%20- %20Prehearing%20Disclosure%20Statement%2020191007v4.pdf

CHANGING THE HEARING DATE

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

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

be changed by filing a written agreement of the parties to change the date of the hearing. The written agreement must be filed with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmitted to the Registrar and all other parties. The assigned Administrative Law Judge may be found on the Office of Administrative Hearings’ web portal at www.azoah.com

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

extraordinary circumstances or the possibility of irreparable harm. A.R.S. § 41-1092.05(E).

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

Complaints – Resolved/Settled/Withdrawn.”

Dated May 20, 2024.

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

Copy mailed via USPS First Class mail May 20, 2024 to:

Respondent(s) Titan Solar Power AZ Inc. 2222 E Yeager Dr. Suite 100 Chandler, AZ 85286

Respondent's Attorney Julie. E. Maurer, Esq. 2415 E. Camelback Rd., Suite 500 Phoenix, AZ 85016 Complainant(s) James S Russ 1048 E Rd. 4 South Chino valley, AZ 86323

Complainant's Attorney J Taylor Swick, Esq. 224 E. Birch Ave. Flagstaff, AZ 86001 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 Complainant’s Attorney at email address of record with Registrar

Case No. 2023-01156 /

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

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

James S Russ, Case No. 2023-01156 COMPLAINANT, v. ORDER SETTING ASIDE FINAL Titan Solar Power AZ Inc License No. ROC 340249, ADMINISTRAIVE DECISION AND ORDER (DEFAULT) RESPONDENT. AND

ORDER SETTING HEARING

After a review of the file and record, Respondent’s request to set aside the Registrar’s Final Administrative Decision and Order (Default) is granted for the following reasons:

BACKGROUND On January 30, 2023, the Registrar received a complaint against Respondent. On or about June 7, 2023, the Registrar closed the complaint. On March 11, 2024, the Registrar issued a citation to Respondent for alleged violation(s) of A.R.S. § 32-1154(A) 2(a), 3, and 22. The Registrar mailed the Citation via certified mail to Respondent’s address of record at: Titan Solar Power AZ Inc 2222 E Yeager Dr Suite 100 Chandler, AZ 85286. The Registrar did not receive a timely answer from Respondent. On April 2, 2024, the Registrar issues a Final Administrative Decision and Order and assessed a $250.00 civil penalty. On or about April 2, 2024, Respondent’s counsel called the Registrar and notified it of of 4 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg106 4/21 a calendaring error by the attorney. Immediately after the default order was issued, on April 3, 2024, Respondent filed a request to set aside the default order. On April 5, 2024, the Registrar received Respondent’s written answer to the citation and complaint. ANALYSIS Service of a citation is fully effected by mailing a copy of the citation and complaint by registered mail to the licensee’s last address of record in the Registrar’s office. A.R.S. § 32- 1155(B). Service is complete five days after deposit in the mail. Failure of a licensee to respond to a citation within ten days after service may result in a statutory admission of all acts charged in the complaint. The Registrar may accept a late answer if it determines, in its sole discretion, that the failure to timely answer is attributable to excusable neglect. A.R.S. § 32- 1155(C). Here, the Citation was mailed to Respondent’s correct address of record on March 11, 2024, via certified and USPS first class mail. The due date for Respondent to file an answer to the Citation was due on March 26, 2024. An answer to the citation was received on April 5, 2024. On April 3, 2024, the Registrar received a request to set aside the Final Order. Because Respondent failed to timely file an answer as required under A.R.S. § 32-1155(C), the Registrar issued a default order in this case. The Registrar therefore considers Respondent’s April 3, 2024, and April 5, 2024 submittals as a late answer and a request to set aside the default order. The Registrar favors resolving complaints on their merits rather than procedural technicalities. The Registrar reviewed the record to determine whether there is sufficient evidence to set aside the default in this case. Here, good cause exists to set this matter for a hearing before the Office of Administrative Hearings. Therefore, the Registrar determines that good cause exists to set aside the default.

of 4 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg106 4/21 ORDER Based on the foregoing, Respondent’s request to set aside the Final Administrative Decision and Order is GRANTED. IT IS ORDERED that the discipline imposed on April 2, 2024 is QUASHED and the civil penalty assessed is VOIDED. IT IS FURTHER ORDERED that a hearing be scheduled in the normal course of docketing. A Notice of Hearing will be issued in due course.

Dated April 23, 2024. By: /s/ Robert Stirling Robert Stirling Assistant General Counsel Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail April 23, 2024 to: Respondent(s) Titan Solar Power AZ Inc 2222 E Yeager Dr Suite 100 Chandler, AZ 85286 Respondent Attorney: Julie. E. Maurer, Esq. 2415 E. Camelback Rd., Suite 500 Phoenix, AZ 85016 Complainant(s) James S Russ 1048 e rd 4 south Chino valley, AZ 86323 Complainant Attorney: J Taylor Swick, ESQ. 224 E. Birch Ave. Flagstaff, AZ 86001 Copy sent electronically this same date to: Respondent at email address on record with the Registrar of 4 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg106 4/21 Respondent’s Attorney at email address of record with Registrar Complainant at email address on record with the Registrar Complainant’s Attorney at email address of record with Registrar

Case No. 2023-01156/ eu

of 4 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg106 4/21 Katie Hobbs, Governor Jeffrey L. Fleetham, Director

Complainant: James Russ 1048 e rd 4 south Chino valley, AZ 86323

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

Respondent: Titan Solar Power AZ Inc 525 W Baseline Rd Mesa, AZ 85210

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

February 6, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-01156

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for March 3, 2023 at 10:00 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

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

RESPONDENT: 1. Enclosed is a copy of the complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity to inspect the work complained of within fifteen days of the date of receipt of this notice. 2. To assist the assigned investigator in evaluating the merits of the complaint, please submit a response to the enclosed complaint to the assigned investigator prior to the scheduled inspection. 3. If you do not attend the jobsite inspection, your absence may negatively impact the investigation, and your interests. 4. If a building permit(s) was required for this project, please have the building permit information available at the jobsite inspection. If either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C008 05/21 Katie Hobbs, Governor Jeffrey L. Fleetham, Director

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

Sincerely,

/s/ Jim Dimond #170 Jim Dimond #170, Investigator 1700 W. Washington St., Suite 105/Yavapai County Phoenix, Arizona, 85007 Phone: (602)542-1525 Office: (928)637-1463 Cell: (623)680-9585 Fax: (602)542-3919 Email: [email redacted]

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

A Guide to Jobsite Inspections

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Jobsite Inspection Notes

Case No.: 2023-01156 Investigator: Jim Dimond Inspection Date: March 3, 2023 Inspection Time:

Complainant: James Russ Respondent: Titan Solar Power AZ Inc Julianna Torrex Randy Ponp, electrical super

Not Present: Not Present:

Jobsite General Notes:

I took pictures at the inspection with my state issued Google Pixel 6Pro cellphone and I have uploaded the pictures to the complaint document file.

I also recorded the inspection with my state issued Olympus DS-30 digital audio recorder and I have uploaded the recording to the complaint document file.

Complaint Item: 1 - Every milestone in contract was greatly missed. Still missing. The 270 days has already passed

Investigator’s Observation: At the time of the inspection, the system was not operational.

The date of the contract was 04/26/2022. The contract specifies completion within 270 days after contract signing.

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

The respondent is to complete the project within the timeframe of this directive in an appropriate manner.

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

Complaint Item: 2 - Fraud was committed we believe. Titan told good leap, (finance co) the work was fully competed in October. We have been making payments since September!

Investigator’s Observation: I cannot determine that a fraudulent act occurred.

This item would be better served in another venue.

Governing Rule: A violation cannot be sustained at this time.

Complaint Item: 3 - Possibly wrong components, bad work, holes still in my yard. Still no battery. No communication from Titan about anything. The plans we were given do not match the work

Investigator’s Observation: It was not established that the panel was installed in the wrong location. The plan shows the panels at the location they are in. No change orders or revisions have been presented.

A 400 amp panel was contracted and that is not what is present.

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

Because the existing panel was relocated, the electric supply mast was relocated leaving a patch in the roof.

Additionally, the current location of the mast resulted in an oversized hole and it was improperly sealed and water damage to the wood occurred. The mast appears to be in the plan location.

There are 3 holes remaining in the yard in which the conduit has been exposed to the elements and the un-backfilled holes present a safety hazard.

Concerns were expressed regarding using the frost free hose bibb as a ground location as it may not have been confirmed that the location is suitable (is it metal all the way)

It should be confirmed that the ground is suitable for the installation.

The battery system is not present.

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 4 - The panels that are installed, were given permission to operate on Jan 17, 2003, it was supposed to be operating no later than August. We were even told July. Which is in contract. Many more issues.

Investigator’s Observation: The system is not operational as of yet.

The respondent is to comply with the directive within the mandated time frame in an appropriate 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

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

Katie Hobbs, Governor Martín Quezada, Director

Complainant: James Russ 1048 e rd 4 south Chino valley, AZ 86323

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: Titan Solar Power AZ Inc 525 W Baseline Rd Mesa, AZ 85210

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 11, 2023

License No. ROC 340249

Re:Complaint No. 2023-01156

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 May 31, 2023.

RESTRICTIONS You may not perform or hire other contractors to perform work that is outside the scope of your license. If your license is currently suspended for administrative reasons1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.

DIRECTIVE REQUIREMENTS

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

Compliance Item: 1 - Every milestone in contract was greatly missed. Still missing. The 270 days has already passed

Investigator’s Observation: At the time of the inspection, the system was not operational.

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

The date of the contract was 04/26/2022. The contract specifies completion within 270 days after contract signing.

The respondent is to complete the project within the timeframe of this directive in an appropriate manner.

Compliance Item: 3 - Possibly wrong components, bad work, holes still in my yard. Still no battery. No communication from Titan about anything. The plans we were given do not match the work

Investigator’s Observation: It was not established that the panel was installed in the wrong location.

A 400 amp panel was contracted and that is not what is present.

Because the existing panel was relocated, the electric supply mast was relocated leaving a patch in the roof.

Additionally, the current location of the mast resulted in an oversized hole and it was improperly sealed and water damage to the wood occurred.

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

There are 3 holes remaining in the yard in which the conduit has been exposed to the elements and the un-backfilled holes present a safety hazard.

Concerns were expressed regarding using the frost free hose bibb as a ground location as it may not have been confirmed that the location is suitable (is it metal all the way)

It should be confirmed that the ground is suitable for the installation.

The battery system is not present.

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 4 - The panels that are installed, were given permission to operate on Jan 17, 2003, it was supposed to be operating no later than August. We were even told July. Which is in contract. Many more issues.

Investigator’s Observation: The system is not operational as of yet.

The respondent is to comply with the directive within the mandated time frame in an appropriate manner.

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

ITEMS NOT REQUIRING CORRECTION

The following complaint items require no action by the Respondent:

Compliance Item: 2 - Fraud was committed we believe. Titan told good leap, (finance co) the work was fully competed in October. We have been making payments since September! Investigator’s Observation: I cannot determine that a fraudulent act occurred.

This item would be better served in another venue.

Governing Rule: A violation cannot be sustained regarding this item

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

Sincerely,

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complainant: James Russ 1048 E Rd 4 south Chino valley, AZ 86323

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 04/21 Respondent: Titan Solar Power AZ Inc 525 W Baseline Rd Mesa, AZ 85210

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 04/21 September 11, 2023

Re: Complaint No. 2023-01156

Dear Complainant and Respondent:

After the initial filing of the complaint 2023-01156, the Complainant filed a reopen request and the attached amended complaint containing additional complaint items.

A jobsite inspection is scheduled October 5, 2023 at 9:00 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

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

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

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 04/21 If either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time.

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

Sincerely,

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 04/21 9/11/23, 4:04 PM State of Arizona Mail - CR 2023 11056

James Dimond <[email redacted]>

CR 2023 11056 James Russ <[email redacted]> Mon, Sep 4, 2023 at 12:53 PM To: James Dimond <[email redacted]>

Hello Mr Dimond, in regards to CR 2023-11056 Im requesting the re-opening of the case along with the numerated additions in this email. We tried to do what Titans lawyers asked us to do by dropping the ROC complaint, they said, they then would be willing to make all the corrections. However like I said earlier the second we dropped the complaint, Titan was no longer willing to work on any issues that were not in the ROC complaint and ordered to fix, regardless of how unprofessional the installation process and every interaction after has been. Here is a list off the additional issues, awful work and system and installation problems. If you need anything further information from me you can reach me anytime and I will do whatever I can to help expedite the process. Thanks.

ADDITIONS TO CR 2023-11056

1. We asked for a 400 amp panel to replace the old 200 amp panel. What they did was put up a 400 amp box, leave up the old box and use a J-box to connect the two. Not removing any of the breakers. The 400 amp box sits completely empty next to the 200 amp box. We believe it was clear and obvious everything was to be moved to the 400 amp box and the 200 amp panel no longer be in use. Titan did not inform us what they were doing. There is zero reason to have 2 electrical boxes set up and 600amps. I find it extremely hard to believe Titan employees did not know this.

2. During complaint #1 , Titan put holes into our metal roof as well as the connecting awning. We were very clear from the beginning there was to be no construction done to the roof. That is why we have the solar array mounted on the ground.

3.While working on the same panel in complaint 1 & 2, Titan put permanent screws into the area above the 200 amp panel that is the accesses the internet for the home. The area has been needed to be opened and serviced by the internet company, Titan has been aware and never came back to fix this mistake. This is after several requests as well as Titan being aware of the inconvenience.

4. In the same area as the first 3 complaints, my roof has 2 holes in it and a hole in the awning that was never approved. We were clear in the beginning we wanted no work on the roof. The first is the old hole from the old riser they moved and the new hole from the new riser. The old riser hole was not patched properly, and too be honest it looks like trash. The new hole the the made for the riser they moved was not sealed after the tech cut it.The third hole is for the 400 amp panel. I informed Titan of these issues. Then it rained and rain damage got under the roof, down into a wall and dripping into the new 400 amp panel they installed. Water was leaking into and through the new 400 amp panel. Titan then sent someone to seal the hole. The sealing is in proper and looks like trash.

5. In the same area of the 400 amp panel there is a copper ground wire connected to my hose bib. The tech did not do anything to insure the piping behind the garden bib was OK for having a ground connected to it. Nor did they attempt or ask about whats behind the bib or a better place to put the ground wire.

https://mail.google.com/mail/u/0/?ik=6fd2afdf83&view=pt&search=all&permmsgid=msg-f:[number redacted]&simpl=msg-f:[number redacted] 1/3 9/11/23, 4:04 PM State of Arizona Mail - CR 2023 11056

6. There are 3 holes still currently in my yard from which Titan dug for inspections for the power lines. Titan never filled these holes and they had been informed several times. In over 330 days we have done our best to avoid these holes. However my brother did step into one at night, twisting his ankle, he is fine. The lines, even if they are in piping, have been succumb to all the elements in that time. Rain, mud and snow etc. Based on the work of Titan so far it is not un-reasonable to assume that these lines to to be all dug up and inspected for and damage.

7. SYSTEM we have been billed for has NEVER been installed,However Titan told Good leap (finance co) it was completed and got there $100,000.00 on August of 2022. The panels that are set up and running are producing a max of 13.6 kwh. Our contract clearly states, as well as in several messages were supposed to be getting a 18 kwh system. A salesman representing himself as a Titan employee made it clear this system would power the entire property and produce 18 kwh. As well as many other promises and dates that have all not been met. I can provide all text msgs and emails. On the front page of the contract with Titan it clearly says we are paying $5,555.56 per KWH, for 18 kwh.

8. Battery not installed. The initial spot for the battery was moved by Titan with the threat from the salesman that if I want the battery where it supposed to be I would need to pay $6,000.00 out of pocket. Titan never got the battery installed. Titan was completely un aware they had not installed the battery, even though they were told several times. After initial ROC complaint titan sent out 1 person 2 different times. Both admitted to having no knowledge of anything going on with this installation on this property. However, they agreed the 400 amp panel was not correct and the battery would have to be moved into the mud room. The location Titan picked for the new battery spot would not work due to weather. I can provide pictures of that area covered in snow, mud and rain.

9. First page of contract states we should have a NON-standard MPU. I also have text msgs from the salesman who claimed to be a Titan employee, that we were getting upgraded energy converters. We did not get the upgraded models, when I asked the guy from titan who was on site who showed up before the ROC complaint, he said the new ones are no good and that I do not want them. I was never informed, or given any options regarding the converters. Titan made changers without any permission. Titan also did not adjust the contract pricing after installing inferior components.

10. Not sure if this falls under ROC, I just want it to be known that we were very excited for solar when we started. We are not well off and still decided to go for the 100k solar array with battery because we were told it would power the entire property. That has been a lie. But I want to say, from the people in the back office, the frauddy sales guy and everyone in between, it has been and still on going a miserable experience. We have been lied to several times, they have changed plans by forcing us and just not telling us. The work has not been done well and when they tried to fix the mistakes it just got worse. I would never ever do business with such a fraudulent company full of people who do not care. Titan has been dis honest from the beginning and now it continues with the lawyers changing what they say. So here it is the numerated continuation to my original complaint. Thanks.

*( NOT SURE IF ROC ISSUE) 11. $ losses in monthly billing from APS and energy savings as well as goodleap reporting on credit. Lawyers fees. Warranties and start of dates.

12. In the contract we signed a digital signature authorization. In it it states we would get all copies of any document with a digital signature. We have received none. We signed the contract with Titan to start the solar installation process on 4-26-2022. I have text msgs with promises of dates that were all missed by several months and still being missed.

https://mail.google.com/mail/u/0/?ik=6fd2afdf83&view=pt&search=all&permmsgid=msg-f:[number redacted]&simpl=msg-f:[number redacted] 2/3 9/11/23, 4:04 PM State of Arizona Mail - CR 2023 11056

Titans work being this awful makes it hard to think they have the ability to fix the issues they created. I believe by there previous behavior and craftsmanship, they do not have the ability to fix the problems they created. Especially with-out making new issues. I have zero trust in Titans ability or work ethic. That being said it is still on them to not only honor the contract but fix and rectify all issues they have created. In the contract with Titan under 11.4 Attorneys fees and costs. It states the prevailing party will be entitled to all attorneys fees including expert fees etc. We did have to hire a lawyer and I believe Experts should be hired to do the repairs and finish the installation. Experts may also be needed to find out why the system is not operating as Titan claims it should be.

JAMES RUSS [number redacted] 1048 e rd 4 south chino valley AZ, 86323 -system performance -no battery -holes in roof -hole in awning -in correct electrical panel and set up -holes in yard/inspection on lines. -incorrect inferior components -water damage -garden bib grounding

[Quoted text hidden]

https://mail.google.com/mail/u/0/?ik=6fd2afdf83&view=pt&search=all&permmsgid=msg-f:[number redacted]&simpl=msg-f:[number redacted] 3/3 Addendum Jobsite Inspection Notes

Case No.: 2023-01156 Investigator: Jim Dimond Inspection Date: October 5, 2023 Inspection Time: 09:00 AM

Complainant: James Russ Respondent: Titan Solar Power AZ Inc Julianna Torres

Greg Fierro. Field Supervisor

Not Present: Not Present:

Jobsite General Notes:

At the inspection I took pictures with my state issued Google Pixel 6pro cellphone camera and I have uploaded the pictures to the complaint document file.

I also digitally recorded the inspection on my state issued Olympus DS-30 digital audio recorder and I have uploaded the audio recording to the complaint document file.

Complaint Item: 1 - Every milestone in contract was greatly missed. Still missing. The 270 days has already passed

Investigator’s Observation: This item was addressed in the May 11th directive

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: 2 - Fraud was committed we believe. Titan told good leap, (finance co) the work was fully competed in October. We have been making payments since September!

Investigator’s Observation: This item was addressed in the May 11th directive

Complaint Item: 3 - Possibly wrong components, bad work, holes still in my yard. Still no battery. No communication from Titan about anything. The plans we were given do not match the work.

Investigator’s Observation: This item was addressed in the May 11th directive and this item has not been complied with

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.

Investigator’s Observation: This item is on the May 11th directive. The system is reportedly operational but at a lower level of output than projected.

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: 5 - We asked for a 400 amp panel to replace the old 200 amp panel. What they did was put up a 400 amp box, leave up the old box and use a J- box to connect the two. Not removing any of the breakers. The 400 amp box sits completely empty next to the 200 amp box. We believe it was clear and obvious everything was to be moved to the 400 amp box and the 200 amp panel no longer be in use. Titan did not inform us what they were doing. There is zero reason to have 2 electrical boxes set up and 600amps. I find it extremely hard to believe Titan employees did not know this.

Investigator’s Observation: A 400 amp and 200 amp panel are present.

It does not appear that any components of the existing system were transferred to the panel.

The respondent is to ensure that the panels are installed or removed in accordance with the approved plans in an appropriate manner

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 - During complaint #1, Titan put holes into our metal roof as well as the connecting awning. We were very clear from the beginning there was to be no construction done to the roof. That is why we have the solar array mounted on the ground.

Investigator’s Observation: The issue was listed on the May 11th directive and has not been corrected.

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: 7 - While working on the same panel in complaint 1 & 2, Titan put permanent screws into the area above the 200 amp panel that is the accesses the internet for the home. The area has been needed to be opened and serviced by the internet company, Titan has been aware and never came back to fix this mistake. This is after several requests as well as Titan being aware of the inconvenience.

Investigator’s Observation: If wiring components are present under the wood enclosure, it needs to be accessible.

As it stands now, the wood box is caulked shut.

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 8 - In the same area as the first 3 complaints, my roof has 2 holes in it and a hole in the awning that was never approved. We were clear in the beginning we wanted no work on the roof. The first is the old hole from the old riser they moved and the new hole from the new riser. The old riser hole was not patched properly, and too be honest it looks like trash. The new hole the the made for the riser they moved was not sealed after the tech cut it.The third hole is for the 400 amp panel. I informed Titan of these issues. Then it rained and rain damage got under the roof, down into a wall and dripping into the new 400 amp panel they installed. Water was leaking into and through the new 400 amp panel. Titan then sent someone to seal the hole. The sealing is in proper and looks like trash.

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: This item is listed on the May 11th directive and has not been corrected

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 - In the same area of the 400 amp panel there is a copper ground wire connected to my hose bib. The tech did not do anything to insure the piping behind the garden bib was OK for having a ground connected to it. Nor did they attempt or ask about whats behind the bib or a better place to put the ground wire.

Investigator’s Observation: It is unknown what type of pipe (pex?) is at the back of the frost free hose bibb.

The respondent is to insure that the system is properly grounded in an appropriate manner

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 - There are 3 holes still currently in my yard from which Titan dug for inspections for the power lines. Titan never filled these holes and they had been informed several times. In over 330 days we have done our best to avoid these holes. However my brother did step into one at night, twisting his ankle, he is fine. The lines, even if they are in piping, have been succumb to all the elements in that time. Rain, mud and snow etc. Based on the work of Titan so far it

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

is not un-reasonable to assume that these lines to to be all dug up and inspected for and damage.

Investigator’s Observation: This item was on the May 11th directive and the item remains.

The respondent is to correct the holes in an appropriate manner

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 - SYSTEM we have been billed for has NEVER been installed,However Titan told Good leap (finance co) it was completed and got there $100,000.00 on August of 2022. The panels that are set up and running are producing a max of 13.6 kwh. Our contract clearly states, as well as in several messages were supposed to be getting a 18 kwh system. A salesman representing himself as a Titan employee made it clear this system would power the entire property and produce 18 kwh. As well as many other promises and dates that have all not been met. I can provide all text msgs and emails. On the front page of the contract with Titan it clearly says we are paying $5,555.56 per KWH, for 18 kwh.

Investigator’s Observation: The project is lacking the storage batteries that are apparently part of a change order.

The respondent is to ensure that the system is installed in accordance with the contract in an appropriate manner.

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: 12 - Battery not installed. The initial spot for the battery was moved by Titan with the threat from the salesman that if I want the battery where it supposed to be I would need to pay $6,000.00 out of pocket. Titan never got the battery installed. Titan was completely un aware they had not installed the battery, even though they were told several times. After initial ROC complaint titan sent out person 2 different times. Both admitted to having no knowledge of anything going on with this installation on this property. However, they agreed the 400 amp panel was not correct and the battery would have to be moved into the mud room. The location Titan picked for the new battery spot would not work due to weather. I can provide pictures of that area covered in snow, mud and rain.

Investigator’s Observation: The batteries shall be installed at the approved plan location.

Alternate locations may be considered however, it is possible that the cost may be impacted and a change order would be appropriate.

Complaint Item: 13 - First page of contract states we should have a NON- standard MPU. I also have text msgs from the salesman who claimed to be a Titan employee, that we were getting upgraded energy converters. We did not get the upgraded models, when I asked the guy from titan who was on site who showed up before the ROC complaint, he said the new ones are no good and that I do not want them. I was never informed, or given any options regarding the converters. Titan

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

made changers without any permission. Titan also did not adjust the contract pricing after installing inferior components.

Investigator’s Observation: The evidence is insufficient to indicate that upgraded equipment was to be installed.

No action is required of the respondent at this time

Governing Rule: A violation cannot be sustained at this time.

Complaint Item: 14 - Not sure if this falls under ROC, I just want it to be known that we were very excited for solar when we started. We are not well off and still decided to go for the 100k solar array with battery because we were told it would power the entire property. That has been a lie. But I want to say, from the people in the back office, the frauddy sales guy and everyone in between, it has been and still on going a miserable experience. We have been lied to several times, they have changed plans by forcing us and just not telling us. The work has not been done well and when they tried to fix the mistakes it just got worse. I would never ever do business with such a fraudulent company full of people who do not care. Titan has been dis honest from the beginning and now it continues with the lawyers changing what they say. So here it is the numerated continuation to my original complaint. Thanks.

Investigator’s Observation: This item is not actionable by the ROC and would be better served in an alternative venue.

Governing Rule: A violation cannot be sustained regarding this item

Complaint Item: 15 - *( NOT SURE IF ROC ISSUE) losses in monthly billing from APS and energy savings as well as goodleap reporting on credit. Lawyers fees. Warranties and start of dates.

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: This item is not actionable by the ROC and would be better served in an alternative venue.

Governing Rule: A violation cannot be sustained regarding this item

Complaint Item: 16 - the contract we signed a digital signature authorization. In it it states we would get all copies of any document with a digital signature. We have received none. We signed the contract with Titan to start the solar installation process on 4-26-2022. I have text msgs with promises of dates that were all missed by several months and still being missed.

Investigator’s Observation: Pursuant to ARS 32-1158.B, customers are to receive legible copies of all documents signed.

The respondent is to ensure that all signed docs have been provided to the complainant

Governing Rule: Failure in any material respect to comply with this chapter; Namely A.R.S. § 32-1158.

Complaint Item: 17 - Titan employee Kevin Do, I believe he is the structural engineer. He made a site visit and informed us the footers for the solar array were not dug deep enough. I do not recall how much but it was atleast half a foot short. He then asked us if it was OK with us that they were short. We were asked this question rite there on the spot and had no time to research. We were also very new to Northern AZ and the wind. We would have not agreed with the footers being too short being ok after doing research. The footers need to be accounted for and the situation corrected but Titan.

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: The footers appear to have been approved by the local authority having jurisdiction.

No action is required of the respondent at this time

Governing Rule: A violation cannot be sustained at this time

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

Complainant: James Russ 1048 E Rd 4 south Chino valley, AZ 86323

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Respondent: Titan Solar Power AZ Inc 2222 E Yeager Dr Suite 100 Chandler, AZ 85286

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 January 8, 2024

License No. ROC 340249

Re:Complaint No. 2023-01156

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

DIRECTIVE REQUIREMENTS

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

Compliance Item: 3 - Possibly wrong components, bad work, holes still in my yard. Still no battery. No communication from Titan about anything. The plans we were given do not match the work.

Investigator’s Observation: This item was addressed in the May 11th directive and this item has not been complied with

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Governing Rule: 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.

Investigator’s Observation: This item is on the May 11th directive. The system is reportedly operational but at a lower level of output than projected.

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 - We asked for a 400 amp panel to replace the old 200 amp panel. What they did was put up a 400 amp box, leave up the old box and use a J-box to connect the two. Not removing any of the breakers. The 400 amp box sits completely empty next to the 200 amp box. We believe it was clear and obvious everything was to be moved to the 400 amp box and the 200 amp panel no longer be in use. Titan did not inform us what they were doing. There is zero reason to have 2 electrical boxes set up and 600amps. I find it extremely hard to believe Titan employees did not know this.

Investigator’s Observation: A 400 amp and 200 amp panel are present.

It does not appear that any components of the existing system were transferred to the panel.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 The respondent is to ensure that the panels are installed or removed in accordance with the approved plans in an appropriate manner

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 - During complaint #1, Titan put holes into our metal roof as well as the connecting awning. We were very clear from the beginning there was to be no construction done to the roof. That is why we have the solar array mounted on the ground.

Investigator’s Observation: The issue was listed on the May 11th directive and has not been corrected.

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 7 - While working on the same panel in complaint 1 & 2, Titan put permanent screws into the area above the 200 amp panel that is the accesses the internet for the home. The area has been needed to be opened and serviced by the internet company, Titan has been aware and never came back to fix this mistake. This is after several requests as well as Titan being aware of the inconvenience.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Investigator’s Observation: If wiring components are present under the wood enclosure, it needs to be accessible.

As it stands now, the wood box is caulked shut.

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 - In the same area as the first 3 complaints, my roof has holes in it and a hole in the awning that was never approved. We were clear in the beginning we wanted no work on the roof. The first is the old hole from the old riser they moved and the new hole from the new riser. The old riser hole was not patched properly, and too be honest it looks like trash. The new hole the the made for the riser they moved was not sealed after the tech cut it.The third hole is for the 400 amp panel. I informed Titan of these issues. Then it rained and rain damage got under the roof, down into a wall and dripping into the new 400 amp panel they installed. Water was leaking into and through the new 400 amp panel. Titan then sent someone to seal the hole. The sealing is in proper and looks like trash.

Investigator’s Observation: This item is listed on the May 11th directive and has not been corrected

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 Compliance Item: 9 - In the same area of the 400 amp panel there is a copper ground wire connected to my hose bib. The tech did not do anything to insure the piping behind the garden bib was OK for having a ground connected to it. Nor did they attempt or ask about whats behind the bib or a better place to put the ground wire.

Investigator’s Observation: It is unknown what type of pipe (pex?) is at the back of the frost free hose bibb.

The respondent is to insure that the system is properly grounded in an appropriate manner

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 10 - There are 3 holes still currently in my yard from which Titan dug for inspections for the power lines. Titan never filled these holes and they had been informed several times. In over 330 days we have done our best to avoid these holes. However my brother did step into one at night, twisting his ankle, he is fine. The lines, even if they are in piping, have been succumb to all the elements in that time. Rain, mud and snow etc. Based on the work of Titan so far it is not un-reasonable to assume that these lines to to be all dug up and inspected for and damage.

Investigator’s Observation: This item was on the May 11th directive and the item remains.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 The respondent is to correct the holes in an appropriate manner

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: 11 - SYSTEM we have been billed for has NEVER been installed, However Titan told Good leap (finance co) it was completed and got there $100,000.00 on August of 2022. The panels that are set up and running are producing a max of 13.6 kwh. Our contract clearly states, as well as in several messages were supposed to be getting a 18 kwh system. A salesman representing himself as a Titan employee made it clear this system would power the entire property and produce 18 kwh. As well as many other promises and dates that have all not been met. I can provide all text msgs and emails. On the front page of the contract with Titan it clearly says we are paying $5,555.56 per KWH, for 18 kwh.

Investigator’s Observation: The project is lacking the storage batteries that are apparently part of a change order.

The respondent is to ensure that the system is installed in accordance with the contract in an appropriate manner.

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 Compliance Item: 12 - Battery not installed. The initial spot for the battery was moved by Titan with the threat from the salesman that if I want the battery where it supposed to be I would need to pay $6,000.00 out of pocket. Titan never got the battery installed. Titan was completely un aware they had not installed the battery, even though they were told several times. After initial ROC complaint titan sent out 1 person 2 different times. Both admitted to having no knowledge of anything going on with this installation on this property. However, they agreed the 400 amp panel was not correct and the battery would have to be moved into the mud room. The location Titan picked for the new battery spot would not work due to weather. I can provide pictures of that area covered in snow, mud and rain.

Investigator’s Observation: The batteries shall be installed at the approved plan location.

Alternate locations may be considered however, it is possible that the cost may be impacted and a change order would be appropriate.

Compliance Item: 16 - the contract we signed a digital signature authorization. In it it states we would get all copies of any document with a digital signature. We have received none. We signed the contract with Titan to

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 start the solar installation process on 4-26-2022. I have text msgs with promises of dates that were all missed by several months and still being missed.

Investigator’s Observation: Pursuant to ARS 32-1158.B, customers are to receive legible copies of all documents signed.

The respondent is to ensure that all signed docs have been provided to the complainant

Governing Rule: Failure in any material respect to comply with this chapter; Namely A.R.S. § 32-1158.

ITEMS NOT REQUIRING CORRECTION

The following complaint items require no action by the Respondent:

Compliance Item: 1 - Every milestone in contract was greatly missed. Still missing. The 270 days has already passed

Investigator’s Observation: This item was addressed in the May 11th directive

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Governing Rule: Follow the May 11, 2023 directive requirement

Compliance Item: 13 - First page of contract states we should have a NON- standard MPU. I also have text msgs from the salesman who claimed to be a Titan employee, that we were getting upgraded energy converters. We did not get the upgraded models, when I asked the guy from titan who was on site who showed up before the ROC complaint, he said the new ones are no good and that I do not want them. I was never informed, or given any options regarding the converters. Titan made changers without any permission. Titan also did not adjust the contract pricing after installing inferior components.

Investigator’s Observation: The evidence is insufficient to indicate that upgraded equipment was to be installed.

No action is required of the respondent at this time

Governing Rule: A violation cannot be sustained at this time

Compliance Item: 14 - Not sure if this falls under ROC, I just want it to be known that we were very excited for solar when we started. We are not well off and still decided to go for the 100k solar array with battery because we were told it would power the entire property. That has been a lie. But I want to say, from the people in the back office, the frauddy sales guy and everyone in between, it has been and still ongoing a miserable experience. We have been lied to several times, they have changed plans by forcing us and just not telling

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 us. The work has not been done well and when they tried to fix the mistakes it just got worse. I would never ever do business with such a fraudulent company full of people who do not care. Titan has been dis honest from the beginning and now it continues with the lawyers changing what they say. So here it is the numerated continuation to my original complaint. Thanks.

Investigator’s Observation: This item is not actionable by the ROC and would be better served in an alternative venue.

Governing Rule: A violation cannot be sustained regarding this item

Compliance Item: 15 - *( NOT SURE IF ROC ISSUE) losses in monthly billing from APS and energy savings as well as goodleap reporting on credit. Lawyers fees. Warranties and start of dates.

Investigator’s Observation: This item is not actionable by the ROC and would be better served in an alternative venue.

Governing Rule: A violation cannot be sustained regarding this item

Compliance Item: 17 - Titan employee Kevin Do, I believe he is the structural engineer. He made a site visit and informed us the footers for the solar array were not dug deep enough. I do not recall how much but it was at least half a foot short. He then asked us if it was OK with us that they were short. We were asked this question rite there on the spot and had no time to research. We were also very new to Northern AZ and the wind. We would have

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 not agreed with the footers being too short being ok after doing research. The footers need to be accounted for and the situation corrected but Titan.

Investigator’s Observation: The footers appear to have been approved by the local authority having jurisdiction.

No action is required of the respondent at this time

Governing Rule: A violation cannot be sustained at this time

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

Sincerely,

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ÿ ¡¢£¤ÿ¥*+)9̀3+(&_';-,59+¦9*,%§ ¨-)©ÿª+-ÿ«©ÿ878Cÿ+(ÿ>6D?ÿ¬ª ,6ÿ®+3&'ÿ=)3,$/ÿ¥¯)39/)3,$/;-,59+¦9*,%§ +$2ÿ°,4ÿa,-ÿ(&ÿ5+̀-)a)5+(),$9ÿ 4,(&/ÿ(&(ÿ)//&$ REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

James S Russ, Case No. 2023-01156 COMPLAINANT, v. Titan Solar Power AZ Inc., CITATION License No. ROC 340249, 334037 RESPONDENT.

The Registrar issues this Citation to Titan Solar Power AZ Inc., (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by March 26, 2024, then under A.R.S. § 32-1155(C), Respondent’s failure to answer may be deemed an admission of the act or acts charged in the underlying complaint, and the Registrar may then suspend or revoke Respondent’s license(s). THE WRITTEN COMPLAINT On January 30, 2023, James S Russ, (“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)(2)(a) Departure from or disregard of: (a) Plans or specifications in any material respect that is prejudicial to another without consent of the owner or the owner's

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 duly authorized representative and without the consent of the person entitled to have the particular construction project or operation completed in accordance with such plans and specifications and code. Charge :2 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Charge :3 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

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2023-01156. 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. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than March 26, 2024. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D).

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

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 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 March 11, 2024. By: /s/ Gail Mathews Gail Mathews Legal Assistant II Legal Department Arizona Registrar of Contractors

COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, March 11, 2024 to: Respondent Certified Mail No: [number redacted] Titan Solar Power AZ Inc. 525 W Baseline Rd Mesa, AZ 85210

Copy mailed by USPS First Class mail this same date to: Titan Solar Power AZ Inc. 2222 E Yeager Dr Suite 100 Chandler, AZ 85286

Titan Solar Power AZ Inc. 525 W Baseline Rd Mesa, AZ 85210 Cody Walker, ESQ 2222 E. Yeager Dr., Ste. 100 Chandler, AZ 85286 of 6

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Complainant James S Russ 1048 e rd 4 south Chino valley, AZ 86323

J Taylor Swick, ESQ. 224 E. Birch Ave. Flagstaff, AZ 86001 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 Complainant’s Attorney at email address of record with Registrar

Case No. 2023-01156

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

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

James Scott Russ Mailing Address (Enter jobsite in Contract/Project section) City State Zip

1048 e rd 4 south Chino valley Arizona 86323 Phone Number Email

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

Street Address of Attorney City State Zip

Phone Number of Attorney Email of Attorney

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

Titan Solar Power AZ Inc ROC 340249 Street Address City State Zip

525 W Baseline Rd Mesa AZ 85210 Phone Number Email

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

Titan Solar power inc Contract/Project Information Contract Date Contract Amount Amount Paid

April 26, 2022 $100,000.00 $1,000.00 Date Work Started Date Work Stopped Date Work Was Completed

July 5, 2022 July 14, 2022 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

1048 e rd 4 south Chino Valley AZ 86323 Name of Construction Site Owner Construction Site Name (if applicable)

James Russ Phone Number of Construction Site Owner Email of Construction Site Owner

[number redacted] [email redacted] This complaint is for Abandonment;Poor Work;Other I have contacted the contractor by Phone/Text;Email;Letter Have you filed a complaint in court? No Has any work been corrected? Yes

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

The tech Titan sent out. And that work had to be fixed as well. The contract was Written All change orders were Written This project was Residential This project involved Other

A building permit was obtained by Contractor 2022298 Chino Valley List and briefly describe each complaint item (Please do not write "see attached" or use additional pages unless necessary to further describe issues or list more complaint items) (limited to 100 characters per line)

Every milestone in contract was greatly missed. Still misssing. The 270 days has already passed. ; Fraud was committed we believe. Titan told good leap, (finance co) the work was fully competed in October. We have been making payments since September! ; Possibly wrong components, bad work, holes still in my yard. Still no battery. No communication from Titan about anything. The plans we were given do not match the work. ; The panels that are installed, were given permission to operate on Jan 17 , 2003, it was supposed to be operating no later then August. We were even told July. Which is in contract. Many more issues.

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

James Scott Russ \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 DocuSign Envelope ID: 69AD9882-C091-4112-AA52-EC17BAF0B2AF

TITAN SOLAR POWER PURCHASE AGREEMENT

525 W Baseline Rd., Mesa, AZ 85210 www.titansolarpower.com 1.855.SAY.SOLAR ROC #334037 DocuSign Envelope ID: 69AD9882-C091-4112-AA52-EC17BAF0B2AF

ROC #334037

525 W Baseline Rd. Mesa, AZ 85210 www.titansolarpower.com 1.855.SAY.SOLAR

PURCHASE & INSTALLATION AGREEMENT

Property Owner(s): Juliana Torres James Russ

Property Address: 1048 Rd 4 S Chino Valley AZ 86323

Phone Number: (850) 377-5506 Email: [email redacted]

Estimated First Estimated Annual Estimated Slope Year Production: 34023 Degradation: .75% of Array: 30

Azimuth: 180 System Size (in watts):18,000.00 Inverter Brand: SolarEdge

Panel Brand: Hanwha Panel Model: Q.PEAK DUO BLK ML-G10+ 400

Panel Quantity: 45 Racking: K2

Additional Materials/Notes: Non-Standard MPU, Trip Charge, Powerwall 2 (x1), Ground Mount, SolarEdge Extended Warranty SE11400H

PAYMENT AND PRICE

Sales Price/Watt: 5,555.56 Total System Cost: 100000

Estimated Value of Utility Incentive (if any) N/A Payment Method: Cash Loan: X

FINANCE PAYMENT: Financier: GoodLeap Term: 25 APR: 1.98

CASH $2,000 Only for DEPOSIT CASH deals 2ND 3RD $1,000 FINAL PAYMENT: (If applicable) PAYMENT: PAYMENT: PAYMENT

WARRANTY: Titan Solar Power warrants that all labor will be free from defects for a period of 25 years from the date of completion. Customer will be provided with the standard warrantees from major equipment manufacturers. See Section 6 of the attached Terms and Conditions for complete warranty information. TIMELINE FOR COMPLETION: Titan Solar Power shall not be liable for delays due to circumstances beyond its control. Any starting or completion dates provided by Titan Solar Power are at best estimates and subject to change. Project start dates are generally 5-7 business days from the date of Agreement signing. The time period from Agreement review to the Utilities’ Permission to Operate will not be later than 270 days from contract-signing.

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DEFINITIONS

(a) This agreement incorporates by reference the terms set forth below.

(b) “Agreement” means this Purchase & Installation Agreement made and entered into by Titan Solar Power and Customer.

(d) “Price” is defined in the Payment and Price section above.

(e) “Property” means the real property owned by Customer and designated by address above.

(f) “Effective Date” determines the date upon which this Agreement begins as outlined in the Terms and Conditions set forth below.

(g) “Customer” means to the legal owner of the Property and signing authority for the Agreement.

(h) “Titan Solar Power AZ” is referred to in the Agreement interchangeably as “TSP” or “Titan Solar Power”.

(i) “Product” and “System” are used interchangeably in the Agreement and refers to the Photovoltaic Solar System Titan Solar Power has been contracted to install.

(j) “Work” makes reference to the entire scope of work Titan Solar Power is to perform and as described in the Terms and Conditions set forth below.

(k) “Installation” broadly refers to the entire scope of Work which Titan Solar Power is responsible for under this Agreement.

(l) “Completed Installation” means the Product is fully installed and is ready for start-up and testing. (m) “PTO” means Permission to Operate.

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Titan Solar Power AZ Purchase Agreement Customer’s Initials ___ / ___ 2 DocuSign Envelope ID: 69AD9882-C091-4112-AA52-EC17BAF0B2AF

TERMS AND CONDITIONS 4/26/2022 This Agreement is entered into effective ________ (“Effective Date”) by and between Titan Solar Power AZ, an Juliana Torres Arizona corporation, and __________________ (“Customer”). TSP and Customer will be known individually as “Party” or collectively as “Parties.” The Parties therefore agree to the following::

1. WORK.

1.1. SCOPE OF WORK: Titan Solar Power will provide Customer with the following: (a) Titan Solar Power will install the Product and its components as described on the Cover Page of this Agreement. (b) Titan Solar Power will ensure all Work is performed in a professional and workmanlike manner in full compliance with all building codes and other applicable laws. (c) Titan Solar Power shall at its own expense obtain and possess all necessary inspections, licenses, permits, and other things necessary and required for completion of the Work. (d) Titan Solar Power will exercise reasonable efforts to ensure the Work is provided on an uninterrupted basis to Customer. Titan Solar Power is not responsible for delays or malfunctions caused by hardware, network problems or third-parties operating systems, or Customer error. (e) Titan Solar Power is not responsible for any representations regarding TSP’s scope of work made by third- parties to Customer.

1.2. EXCLUSIONS: The obligations and restrictions of this Agreement do not apply to changes to the Work desired by Customer. If any changes to this Agreement are requested, Customer will bear the full cost(s) of said changes. Changes, alterations, and deviations include but are not limited to: (a) Upgrade of existing main service panels, sub-panels, or switchboards. (b) Replacement, repair, or upgrade of existing roof or supporting roof structure. (c) Tree removal, fencing, weed abatement, curbing, gravel, or landscaping. (d) Non-standard ground work (such as on difficult soil conditions). (e) Additional grading, rock/boulder removal, blasting, coring, soil testing, compaction for footings, and trenching. (f) Structural engineering calculations or analysis of existing structures. (g) Habitat studies, additional inspections, or fees of any type. (h) Additional permitting requirements by local building authorities or jurisdictions. (i) Additional exclusions described in the Additional Materials/Notes field on the Cover Page. (j) Any work, services or obligations not specifically mentioned or identified in the Scope of Work are expressly excluded. Any agreed to changes to this Agreement shall be put in writing, signed by both Parties, and amended to this Agreement.

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1.3. PERFORMANCE: Titan Solar Power shall perform the Work in a professional and workmanlike manner and in strict accordance with the terms set forth in this Agreement. 1.3.1. DELAYS: Titan Solar Power shall not be liable for any delays beyond its control. Any starting or completion dates provided by Titan Solar Power are best estimates and subject to change. Titan Solar Power’s performance is based upon the prompt, complete, and accurate fulfillment of all Customer`s obligations. This is including but not limited to payment.

2. PROPERTY.

2.1. CONSENT AND RIGHT TO INSTALL: By signing this Agreement, Customer: (a) Gives Titan Solar Power approval to install the Product on the Property referenced in this Agreement. (b) Customer authorizes and warrants they are the legal owner of the Property.

2.2. ACCESS: Customer shall afford Titan Solar Power direct access to the Property for the purposes of: (a) Surveying, designing, installing, constructing, testing, operating, maintaining, repairing, and replacing the Product and its components. (b) Making any additions to the Product or installing complementary components on or around the location of the Product. (c) Surveying, installing, testing, and maintaining any necessary electric lines, inverters, or meters to interconnect the Product to the Property’s electric system and/or to the utility’s electric distribution system. (d) Performing any other Agreement obligations of Titan Solar Power. (e) If this Agreement is to terminate, Titan Solar Power shall maintain access rights for up to 90 days after the termination.

2.3. SITE INSPECTION: Customer agrees to allow Titan Solar Power and any of its acting professionals (including site surveyors, engineers, architects, and/or licensed contractors/subcontractors) access to the Property prior to installation. This is to ensure the Property can accommodate the Product and its components. Titan Solar Power reserves the right to cancel this Agreement or postpone the Work if Property conditions are found insufficient for installation. (Full details provided in SECTION 5 CHANGED CONDITIONS.)

2.4. REASONABLE NOTICE: Titan Solar Power shall provide Customer with reasonable notice of its need to access the Property. 2.4.1. NO INTERFERENCE: Customer shall ensure that Titan Solar Power maintains access rights during the entire term of this Agreement without interference by Customer or any third parties. 2.4.2. REMOVAL OF HAZARDOUS MATERIALS: Customer agrees to provide a safe and secure work environment at the Property during the term of this Agreement. This includes Customer’s responsibility for removal and related removal costs of any hazardous materials on the Property. Hazardous material include but are not limited to: asbestos, PCBs, petroleum, or hazardous waste. Titan Solar Power may immediately cease any and all Work if any hazardous materials are discovered on the Property.

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Titan Solar Power shall not be required to resume Work until Customer delivers written proof by required local building authority: (a) Specifying that such condition(s) and all affected area(s) have been rendered safe for the resumption of Work. (b) Specifying any special conditions under which the Work may resume safely. Any work stoppage due to Property unavailability does not relieve Titan Solar Power or the Customer their responsibilities under this Agreement.

3. PAYMENT.

3.1. PRICE: In consideration of performance of the Work, Customer shall pay to Titan Solar Power the Price defined on the Cover Page. The Price shall be paid in full upon Completed Installation of the Product.

3.2. FINANCE DEALS: Financed projects are subject to the payment schedule terms of Customer’s finance company.

3.3. CASH DEALS. 3.3.1. INITIAL DEPOSIT: Upon the effective date, Customer shall pay to Titan Solar Power a $2,000 deposit, as referenced on the Cover Page. Titan Solar Power agrees to refund the full deposit amount if Customer chooses to cancel within three (3) business days following the Effective Date. Cancellations after the Effective Date may result in additional charges that Customer shall be responsible to pay. No work will commence until the $2,000 deposit is received. If neither Party cancels the Agreement, the deposit shall be applied to the contract price. These terms do not apply if the deposit on the Cover Page is zero ($0). 3.3.2. MILESTONE PAYMENTS:

N/A N/A

3.4. LATE FEES AND PENALTIES: Past due amounts shall accrue interest from the date due at an interest rate of 15% per annum.

Titan Solar Power AZ Purchase Agreement Customer’s Initials ___ / ___ 5 DocuSign Envelope ID: 69AD9882-C091-4112-AA52-EC17BAF0B2AF

4. PERFORMANCE TIMELINE.

4.1. COMMENCEMENT: After receiving all required permits, Titan Solar Power shall begin working at the Property (“Commencement”) within 60 business days.

4.2. GUARANTEED COMPLETION: Unless otherwise provided, TSP shall achieve Completed Installation within business days from Commencement (“Guaranteed Completion Date”). 4.2.1. EXTENSION: Titan Solar Power retains the right to modify the Guaranteed Completion Date due to Force Majeure Events, Customer caused delays, and other circumstances beyond its control. These circumstances include but are not limited to: (a) Delays due to Product(s) manufacturer(s). (b) Equipment availability. (c) Finance completion. (d) Permit delays due to Customer’s governing jurisdiction(s) or Customer’s HOA. 4.2.2. TITLE OF SYSTEM: Prior to Completed Installation and delivery of Final Payment, Titan Solar Power shall maintain title to all of the Work and materials delivered to the Property. Upon Final Payment, all legal title(s) and full ownership of the Product shall pass to Customer.

5. CHANGED CONDITIONS

5.1. RIGHT TO CANCEL. 5.1.1. FAILED SITE INSPECTION RESULT: If the Property fails the initial site survey, Titan Solar Power reserves the right to cancel, modify, or postpone this Agreement, and/or propose a new agreement. 5.1.2. NEW CONDITIONS: Titan Solar Power shall have the right to cancel, modify, or postpone this Agreement and propose a new agreement in the event Titan Solar Power discovers conditions that would depreciate Work quality, including but not limited to: (a) Unexpected environmental concerns. (b) Acts of God. (c) Events that require further permitting or involvement from local or state building authorities. 5.1.3. CUSTOMER’S RIGHT TO CANCEL: Customer reserves the right to accept or reject any new agreement if Titan Solar Power elects to cancel this Agreement. All Work will cease until a new agreement is in place.

6. LIMITED WARRANTY.

6.1. MATERIALS AND WORKMANSHIP: Titan Solar Power warrants that all of the Work and the System will be free from material, construction, and workmanship defects for twenty-five (25) years following the Completed Installation (the “Limited Warranty”). Any claim under the Limited Warranty must be made before its expiration date. Customer will be provided with the standard warranties from major equipment manufacturers.

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6.2. WARRANTY EXCLUSION. THE AFOREMENTIONED LIMITED WARRANTY SHALL EXCLUDE ALL PRODUCTS NOT MANUFACTURED BY TITAN SOLAR POWER. CUSTOMER WILL BE MADE PRIVY TO ANY EXISTING MANUFACTURER WARRANTIES. THIS INCLUDES ALL WARRANTIES PROVIDED BY THE MANUFACTURERS OF THE COMPONENTS, ACCESSORIES AND EQUIPMENT THAT TITAN SOLAR POWER INSTALLS. THESE ITEMS GENERALLY INCLUDE (BUT ARE NOT LIMITED TO): SOLAR PANELS, INVERTERS, AND/OR DISCONNECT SWITCHES. WRITTEN COPIES OF ALL SUCH WARRANTIES MAY BE FOUND ONLINE AT WWW.TITANSOLARPOWER. COM/EQUIPMENTWARRANTIES. IF A WARRANTY IS NOT AVAILABLE FOR A PRODUCT COMPONENT, AND/ OR ACCESSORY, TITAN SOLAR POWER WILL SUBSTITUTE A REASONABLE EQUIVALENT WARRANTY. THE LIMITED WARRANTY EXCLUDES ANY MEASURING OR MONITORING EQUIPMENT OR SERVICE.

6.3. OTHER EXCLUSIONS. TITAN SOLAR POWER IS NOT RESPONSIBLE FOR THE SYSTEM OUTSIDE OF ITS INTENDED USE AND PURPOSE. THE CUSTOMER SHALL NOT HOLD TITAN SOLAR POWER LIABLE FOR DIRECT OR INDIRECT DAMAGES RESULTING FROM IMPROPER USE, MODIFICATIONS, ALTERATIONS, REPAIRS, MISUSE, ABUSE, VANDALISM, DAMAGE CAUSED BY THE SERVING UTILITY COMPANY, FIRE, STORM, FLOOD OR OTHER ACTS OF GOD.

6.4. REPAIR AND REPLACEMENT: If Customer makes a claim under the Limited Warranty, Titan Solar Power shall repair or replace the Work at issue. Such repairs or replacements will be completed by Titan Solar Power or subcontractors within a reasonable time after notice of a claim is received. If a correction cannot be completed despite Titan Solar Power’s reasonable efforts, the Parties will negotiate an equitable adjustment in the Price. Customer is responsible for any maintenance and/or Product repairs required outside of the Limited Warranty.

6.5. ROOF PENETRATION WARRANTY: Titan Solar Power warrants that all Product-related roof penetrations made during Installation will be weather-tight for a period of twenty-five (25) years. The roof penetration warranty will be voided if any work is performed on the roof by Customer, Customer’s contractor/subcontractor/agents or third-parties during the warranty period. The roof penetration warranty does not cover : (a) Leaks occurring in areas of the Property’s roof not impacted by the System. (b) Pre-existing and/or underlying failures of the Property’s roof. (c) Foreign objects causing damage to the Property’s roof (e.g. hail, golf balls, etc.). (d) Insufficient or improper maintenance by Customer, Customer’s contractor/subcontractor, or Customer’s agents.

6.6. MECHANICAL CONNECTIONS AND ASSEMBLY WARRANTY: Titan Solar Power warrants the assembly and mechanical connections of the System to be free of defects in material and workmanship for a period of twenty-five (25) years after Completed Installation.

6.7. DAMAGE WARRANTY: If damage is caused by a Titan Solar Power representative at any time during the Work, Titan Solar Power will either repair the damage or reimburse Customer for damage as limited by Warranty Exceptions and Exclusion below.

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6.8. WARRANTY EXCEPTIONS AND EXCLUSIONS. THE LIMITED WARRANTY DOES NOT APPLY TO THE FOLLOWING: (a) WORK PERFORMED OR MATERIALS USED BY ANYONE OTHER THAN TITAN SOLAR POWER OR ITS REPRESENTATIVES. (b) ANY MATERIALS THAT WERE MODIFIED, REPAIRED, OR ATTEMPTED TO BE REPAIRED BY ANYONE OTHER THAN TSP OR ITS REPRESENTATIVES WITHOUT TITAN SOLAR POWER’S PRIOR WRITTEN APPROVAL. (c) ANY DAMAGES RESULTING FROM CUSTOMER’S BREACH OF THE AGREEMENT. (d) DAMAGE RESULTING FROM ORDINARY WEAR AND TEAR. (e) DAMAGE TO THE PROPERTY DUE TO WEATHER, INCLUDING BUT NOT LIMITED TO ICE OR SNOW FALLING OFF OF THE SYSTEM, OR NATURAL DISASTERS. (f) DAMAGE DUE TO FORCE MAJEURE EVENTS. (g) DAMAGE RESULTING FROM MOLD, FUNGUS, AND OTHER ORGANIC PATHOGENS. (h) SHRINKING/CRACKING OF GROUT AND CAULKING. (i) SHADING OF PAINTS AND FINISHES EXPOSED TO SUNLIGHT. (j) REPRESENTATIONS MADE BY THIRD-PARTIES OR INDEPENDENT CONTRACTORS REGARDING SYSTEM CAPACITY, SYSTEM DESIGN, AND/OR PROJECTED ENERGY/MONETARY SAVINGS. (k) INSUFFICIENT OR IMPROPER MAINTENANCE BY CUSTOMER, CUSTOMER’S CONTRACTOR/ SUBCONTRACTOR, OR CUSTOMER’S AGENTS. CUSTOMER ACKNOWLEDGES THAT INSTALLATION OF THE SYSTEM MAY VOID ANY PRE-EXISTING ROOF MANUFACTURER OR ROOF INSTALLER ROOFING WARRANTY. TITAN SOLAR POWER ASSUMES NO RESPONSIBILITY FOR THE VOIDING OF ANY PRE-EXISTING ROOFING WARRANTY. BEFORE INSTALLATION, CUSTOMER SHOULD CHECK WITH THE ROOFER OR BUILDER IF THE SYSTEM WILL IMPACT AN EXISTING ROOF WARRANTY.

6.9. BREACH OF WARRANTY OR DISPUTES. If a dispute over a potential warranty breach arises, Parties mutually agree upon System tests. Customer and Titan Solar Power shall be notified of any System testing so that each Party may have a representative present.

6.10. EXCLUSIVE REMEDY; LIMITATION OF REMEDIES AND DISCLAIMER; EXCLUSIONS. THE LIMITED WARRANTY IS TO SERVE AS THE EXCLUSIVE REMEDY FOR ALL MATERIAL AND WORKMANSHIP DEFECTS CLAIMED UNDER THIS AGREEMENT. ALL WARRANTIES, EXPRESS OR IMPLIED IN LAW OR IN FACT, ARE DISCLAIMED EXCEPT TO THE EXTENT OF THE LIMITED WARRANTY. THE LIMITED WARRANTY IS THE ONLY WARRANTY TSP MAKES WITH RESPECT TO THE PRODUCT AND THE WORK, IS MADE IN LIEU OF ALL OTHER WARRANTIES AND TSP SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES RELATING TO THE PRODUCT OR ITS WORKMANSHIP. THIS WARRANTY DISCLAIMER INCLUDES WITHOUT LIMITATION THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY ARISING OUT OF COURSE OF DEALING, OR FOR PERFORMANCE.

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6.11. CONTACT INFORMATION: Should any warranty, maintenance or service work be required, Titan Solar Power can be contacted at:

1.855.SAY.SOLAR

[email redacted]

Titan Solar Power 525 W. Baseline Rd.; Mesa, AZ 85210

6.12. WARRANTY TRANSFER / PERSONS COVERED: The Limited Warranty extends to Customer as purchaser of the System. The Limited Warranty starts on the date of Completed Installation (“Start Date”) and remains in effect for twenty-five (25) years. If Customer sells the Property before twenty-five (25) years elapse after the Start Date, Titan Solar Power will extend coverage under the Limited Warranty to the first subsequent purchaser of the Property (subject to the same limitations and exclusions as Customer) until the twenty-fifth (25) anniversary of the Start Date. This one time extension applies only to the party who purchases the Property directly from Customer and automatically terminates if the Property is sold by the subsequent purchaser. 6.12.1. WARRANTY TRANSFER REQUIREMENTS: Customer acknowledges and understands their obligation to advise the subsequent purchaser of the Property verbally and in writing of the limitations of the transfer of the Limited Warranty. In order to effectuate the transfer of the Limited Warranty to the first subsequent purchaser of the Property, Customer must advise Titan Solar Power of the sale as soon as practical by completing the Notice of Sale Form at www.titansolarpower.com/warrantytransfer. Failure of Customer to properly complete and submit the Notice of Sale Form voids transfer of the Limited Warranty.

7. FORCE MAJEURE OR CUSTOMER-CAUSED DELAYS.

7.1. FORCE MAJEURE: Except for the payment of money, neither Party will be liable for any failure or delay beyond the respective Party’s reasonable control. These delays can include: delayed deliverables from outside companies, acts of war, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act, pandemics, or failure of any telecommunications carrier or the Internet.

7.2. CUSTOMER-CAUSED DELAYS: Any delays or failures to comply with Agreement obligations caused by Customer, Customer’s contractors/subcontractors, or Customer’s agents are referenced as a “Customer-Caused Delay”. Titan Solar Power shall not be found liable if these delays interfere with the Guaranteed Completion Date.

7.3. PERFORMANCE EXCUSE: Should there be a Force Majeure event, each Party will be excused from their respective obligations under this Agreement. Customer’s payment obligations for work completed up to the Force Majeure event shall continue and be due and owing. Titan Solar Power shall reserve the right to cancel this Agreement should any Force Majeure event or Customer-Caused Delay occur and impact performance of the Work.

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8. DEFAULT AND/OR TERMINATION.

8.1. DEFAULT BY TITAN SOLAR POWER: TSP will be in default under this Agreement if any of the following occur: (a) Failure to perform Agreement obligations after 30-day receipt of written notice of default. (b) Written admittance of insolvency, filing of a voluntary petition of bankruptcy or any substantially similar activity by Titan Solar Power.

8.2. REMEDIES IN CASE OF DEFAULT BY TITAN SOLAR POWER: If Titan Solar Power is in default under this Agreement, Customer may: (a) Terminate Agreement. (b) Pursue available remedies either through this Agreement or by law.

8.3. DEFAULT BY CUSTOMER: Customer will be found in default of this Agreement if any of the following occurs: (a) Delayed payment of five (5) days or more. (b) Failure to perform any material obligation undertaken in this Agreement and continuation of said failure for 30 days after receipt of written notice. (c) Provision of false or misleading information to obtain this Agreement. (d) Assignment, transfer, encumber, sublet, or sale of this Agreement or any part of the Product without Titan Solar Power’s prior written consent. (e) Written Admittance by Customer of insolvency or filing of a voluntary petition of bankruptcy.

8.4. REMEDIES IN CASE OF DEFAULT BY CUSTOMER: Should Customer default on this Agreement, Titan Solar Power has the right to select and pursue all remedies that it sees fit, including: (a) Termination or suspension of the Agreement. (b) Necessary actions to recover damages or enforce performance of this Agreement. If this course of action is taken, any expense incurred by Titan Solar Power will be added to Customer’s fees with payment due immediately. (c) Removal and return of the Product and its components at the expense of the Customer. (d) Disconnect, turn off or take back the System by legal process or self-help. (e) Report the non-operational status of the System to Customer’s utility. (f) Charge Customer a reasonable reconnection fee for reconnecting the System to utility or System after disconnect due to Customer default. (g) Recovery of all due payments, taxes, and all or any other sums then due and owing, (h) Seek a pre or post-judgment lien or similar security interest on or against Customer’s property or the Property. (i) Recovery of all direct and indirect, internal and external expenses incurred in partial completion of the Work, plus 15% profit thereon. (j) Pursue any other remedy available to Titan Solar Power pursuant to this Agreement or by law. In the event of a subsequent Customer default, Titan Solar Power has the right to pursue any of the above remedies at its sole discretion.

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8.4.1. DEFAULT REPAYMENT: Customer agrees to repay Titan Solar Power for any reasonable costs expended to correct or cover Customer default. This includes reimbursing Titan Solar Power for any expenses incurred, plus 15% profit thereon.

8.5. NON-DEFAULT TERMINATIONS: Either Party may terminate this Agreement without further liabilities or obligations on either Party if one of the following events occurs: (a) Issuance of an order of a court or other public authority having jurisdiction which requires all the Work to be stopped. (b) Force Majeure event that lasts more than 365 days. Titan Solar Power may terminate this Agreement if there is a failure to obtain all permits and governmental approvals required for performance of the Work.

9. INDEMNITY.

To the fullest extent permitted by law, Titan Solar Power shall indemnify Customer from and against any and all loss, damage, expense and liability, including fines, penalties, court costs and reasonable attorneys’ fees caused by the willful conduct or gross negligent acts of Titan Solar Power, but only to the extent caused by the sole fault of Titan Solar Power. Titan Solar Power shall have no obligation for any claims, demands, causes of action, damages, liabilities, losses, or expenses caused by Customer, Customer’s contractors/subcontractors, Customer’s agents or any party other than Titan Solar Power. Nothing herein abridges the right, if any, of Customer or Titan Solar Power to seek contribution from others where appropriate. To the fullest extent permitted by law, Customer shall indemnify Titan Solar Power, its subcontractors, or anyone directly or indirectly employed by Titan Solar Power, from and against any and all claims, demands, causes of action, damages, liabilities, court costs and reasonable attorneys’ fees, and other losses and expenses arising from the Work, the Product or the Agreement to the extent caused by Customer, Customer’s contractors/subcontractors, and/or Customer’s agents. This includes anything in connection with or arising from any third-party claim for physical or other damage to, or physical destruction of, property or death or bodily injury to any person to the extent caused by: (a) any breach, violation, or default under this Agreement or any applicable legal requirements by Customer; and (b) any willful misconduct or gross negligent acts or omissions of Customer, Customer’s contractors/ subcontractors, and/or Customer’s agents, employees or others under Customer’s control. In no event shall a Party be obligated under this section to the extent claims, demands, causes of action, damages, liabilities, court costs and reasonable attorneys’ fees, and other losses and expenses arise due to the negligence or willful misconduct of the other Party.

10. LIMITATIONS OF LIABILITY.

10.1. DIRECT OR INDIRECT DAMAGES: TSP disclaims any liability for direct or indirect damages resulting from improper use, modifications, alterations, repairs, misuse, abuse, vandalism, damage caused by the serving utility company, fire, storm, flood or other acts of God. TSP disclaims any responsibility for the System’s use or operation for any unintended purpose.

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10.2. NO LIABILITY FOR THIRD-PARTY REPRESENTATIONS: Customer explicitly acknowledges Titan Solar Power is not liable for representations of any kind made by third-parties and/or independent contractors, including, but not limited to: system capacity, system design, projected energy savings, projected monetary savings, and reduction of energy use.

11. DISPUTE RESOLUTION.

11.1. VOLUNTARY DISPUTE SETTLEMENT – DIRECT NEGOTIATIONS: The Parties agree that in the event any material difference of interpretation or any other controversy or claim arises out of or is related to this Agreement or the claimed breach thereof, both Parties shall promptly make good faith efforts to settle the matter directly between themselves. Both Parties agree that if any controversy or claim remains unsettled for thirty (30) days following notification by certified mail that a dispute exists that they may pursue the alternative remedies noted in this Agreement.

11.2. SMALL CLAIMS EXCEPTION: Any dispute or claim arising out of or related to this Agreement that the Parties agree involves an amount less than $10,000 (or the maximum jurisdictional limit of the court) must be heard in the Small Claim Division of the Court in the county where Property is located. Any controversy or claim arising out of or related to this Agreement which in the opinion or one or both parties is over the dollar limit of the Small Claims Court must be settled by binding arbitration as described below.

11.3. ARBITRATION OF DISPUTES: Any dispute or claim arising out of or related to this Agreement over the jurisdictional limit of the Small Claims Court shall be submitted to an experienced private construction arbitrator that shall be mutually selected by the Parties to conduct a binding arbitration in Mesa, Arizona. The arbitrator shall be either a licensed attorney or retired judge who is familiar with construction law. If the parties cannot mutually agree to an arbitrator within 30 days of written demand for arbitration, then either of the parties shall submit the dispute to binding arbitration with the American Arbitration Association (“AAA”) for administration in accordance with the Construction Industry Arbitration Rules and Mediation Procedures. Judgment upon the award may be entered in any Court having jurisdiction thereof. The Parties expressly agree the venue for any arbitration shall be in Mesa, Arizona. 11.3.1. ADMINISTRATIVE FEES: To the fullest extent permitted by law, each Party shall bear an equal share of the administrative fees of arbitration. In the event this provision is found unenforceable, Parties agree the arbitration provision shall remain fully valid and enforceable.

11.4. ATTORNEYS’ FEES AND COSTS: The prevailing party in any legal proceeding, including arbitration, related to this Agreement shall be entitled to payment of reasonable attorneys’ fees, expert’s fees, costs and expense.

12. ARIZONA MECHANICS LIEN LAW.

Under Arizona Mechanics Lien Law, any person or entity that helps to improve a property and is not paid for their work or supplies has a right to place a lien on said property and sue for payment in court. Customer acknowledges this right and authorizes TSP, its agent or subcontractors, to file a mechanic’s lien in accordance with Arizona law for the system that will be removed upon full payment of the Agreement price.

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13. 3-DAY RIGHT OF RESCISSION AND CANCELLATION:

The Notice of Cancellation, regarding Customer’s right to cancel this Agreement, is attached hereto and made a part of this Agreement.

14. MAINTENANCE AND REPAIRS; EXPANSION.

14.1. SYSTEM INSPECTION: Customer agrees that TSP shall have the right, with prior notice, to inspect the System to determine compliance with all conditions set forth in the Agreement.

14.2. MAINTENANCE. If Product maintenance is required Customer may contact TSP at:

1.855.SAY.SOLAR

[email redacted]

Titan Solar Power 525 W. Baseline Rd.; Mesa, AZ 85210

14.3. EXPANSION AND RELOCATION: TSP shall have a right of first refusal to provide additional work if Customer wishes to expand the System in the future. This is to maintain original manufacturers’ warranties. Failure of Customer to provide TSP the right of first refusal may void any and all manufacturer warranties.

14.4. EXPENSES: TSP shall have the exclusive right to perform all Product required repairs or System expansions or relocations. Repairs and relocation will be at the expense of Customer. Customer acknowledges and agrees that failure to have TSP perform the services identified in this subsection may result in voidance of warranties, including but not limited to the Limited Warranty.

15. CUSTOMER TAX OBLIGATIONS:

Customer understands and agrees that TSP and its representatives are not tax professionals. Customer further agrees that it is Customer’s sole responsibility to determine what tax obligations, if any, Customer may be required to pay as a result of the System including, but not limited to: the assessed value of the property tax assessments associated with the System calculated the year the Agreement is signed; transaction privilege taxes that may be asserted against Customer; and any obligation of Customer to transfer tax credits or incentives for the System to any other person.

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16. NO SAVINGS GUARANTEE:

Customer explicitly acknowledges, and by executing this Agreement understands, TSP provides no warranty or guaranty with respect to any cost savings from use of the System. Electrical usage and savings are determined by many factors including but not limited to utility rates, amount of power used and loads applied from within and around the Property, any and all of which can cause a shift in the total amount of power needed to create savings. System performance relating to production is estimated based on assumptions of system size, orientation, shading and slope of roof.

17. NO TAX OR REBATE REPRESENTATIONS:

Customer explicitly acknowledges that TSP has made no representations regarding any state or federal tax incentives or rebates for which Customer might be eligible. Customer further acknowledges that the Price does not reflect any state or federal tax incentives or rebates for which Customer might be eligible

18. GENERAL PROVISIONS.

18.1. GOVERNING LAW: This Agreement is governed by the laws and existing authorities where the Property is located.

18.2. NOTICES: All notices given by either Party hereunder must be in writing and delivered by personal delivery, certified mail (return receipt requested), or overnight courier. Notices to either Party shall be sent to the respective Party’s provided addresses.

18.3. SURVIVAL: The provisions of Sections 6-7 and Sections 10-11 of these Terms and Conditions shall survive the expiration or termination of this Agreement for any reason, along with all indemnity obligations hereunder.

18.4. ASSIGNMENT: Exception as set forth in Section 18.5 below, neither Party may assign any of its rights hereunder without the prior written consent of the other Party. Under no circumstance should consent be unreasonably withheld, conditioned or delayed. Notwithstanding the forgoing, TSP may, without consent of Customer, assign this Agreement to any TSP affiliate. Any purported assignment in violation of this Section 18.4 shall be null and void.

18.5. RIGHT TO SUBCONTRACT: TSP reserves the right to subcontract the performance of the Work and any other duties or obligations under this Agreement to a third-party (“Subcontractor”). The Agreement may be assigned, sold, or transferred without Customer’s consent to a Subcontractor who will be bound by the terms of the Agreement. If a transfer occurs you will be notified if this will change the address or phone number to use for System maintenance or warranty requests.

18.6. WAIVER: No waiver of any of the provisions by any Party shall be effective unless explicitly set forth in writing and signed by the second Party.

18.7. AMENDMENT AND MODIFICATION: This Agreement may only be amended, modified or supplemented by an agreement in writing signed by the signing authority of each Party.

Titan Solar Power AZ Purchase Agreement Customer’s Initials ___ / ___ 14 DocuSign Envelope ID: 69AD9882-C091-4112-AA52-EC17BAF0B2AF

18.8. HEADINGS: The headings in this Agreement are for reference only and shall not affect its interpretation.

18.9. SEVERABILITY: The Parties agree that the provisions of this Agreement are severable, and if any part of the Agreement is found to be unenforceable, all other provisions shall remain fully valid and enforceable.

18.10. COUNTERPARTS: This Agreement may be executed in counterparts with the same force and effect when both Parties have executed and delivered a counterpart of this Agreement to the other.

18.11. NON-DISPARAGEMENT: Parties agree not to disparage the other in relation to performance of the Agreement. The term disparage includes, without limitation, comments or statements made in any manner or medium in the press and/or social media about the Party which would adversely affect the Party’s reputation or ability to conduct business.

19. ARS 32-1158, ARS 44-1763, AND ARS 44-5004 NOTICES.

19.1. A PROPERTY OWNER HAS THE RIGHT TO FILE A WRITTEN COMPLAINT WITH THE ARIZONA REGISTRAR OF CONTRACTORS FOR AN ALLEGED VIOLATION OF ARS 32-1154(A). ANY COMPLAINT MUST BE MADE WITHIN THE APPLICABLE TIME PERIOD AS SET FORTH IN ARS 32-1154. THE ARIZONA REGISTRAR OF CONTRACTORS MAY BE CONTACTED AT (602) 542-1525 OR ONLINE AT ROC.AZ.GOV.

19.2. UTILITY RATE DISCLOSURE: Utility rates and utility rate structures are subject to change. These changes cannot be accurately predicted. Projected savings from your distributed energy generation system are therefore subject to change. Tax incentives are subject to change or termination by executive, legislative, or regulatory action. CUSTOMER INITIALS: __________________

19.3. NOTICE TO BUYER: (1) DO NOT SIGN THIS AGREEMENT IF ANY OF THE SPACES INTENDED FOR THE AGREED TERMS TO THE EXTENT OF THEN AVAILABLE INFORMATION ARE LEFT BLANK;(2) YOU ARE ENTITLED TO A COPY OF THIS AGREEMENT AT THE TIME YOU SIGN IT; (3) YOU MAY PAY OFF THE FULL UNPAID BALANCE DUE UNDER THIS AGREEMENT AT ANY TIME, AND IN DOING SO YOU SHALL BE ENTITLED TO A FULL REBATE OF THE UNEARNED FINANCE AND INSURANCE CHANGES;(4)YOU MAY CANCEL THIS AGREEMENT AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION - SEE THE ATTACHED NOTICED OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT; (5) IT SHALL NOT BE LEGAL FOR THE SELLER TO ENTER YOUR PREMISES OR COMMIT ANY BREACH OF THE PEACE TO REPOSSESS GOODS PURCHASED UNDER THIS AGREEMENT.

20. ENTIRE AGREEMENT:

This Agreement constitutes the entire agreement between the Parties. Any plans, specifications, and other data furnished with or in connection with this Agreement are descriptive of the specifications, terms and conditions contained herein. The terms of this Agreement shall prevail in case of conflict between the provisions stated in the plans and specifications or other data, and the terms of this Agreement.

[SIGNATURES ON FOLLOWING PAGE]

Titan Solar Power AZ Purchase Agreement Customer’s Initials ___ / ___ 15 DocuSign Envelope ID: 69AD9882-C091-4112-AA52-EC17BAF0B2AF

CUSTOMER

4/26/2022 4/26/2022 Date:__________________________________________________________________________________

Signed:________________________________________________________________________________

Juliana Torres James Russ Name:_________________________________________________________________________________

TSP REPRESENTATIVE

4/26/2022 Date:__________________________________________________________________________________

Signed:________________________________________________________________________________

Justin Coonrod Name:_________________________________________________________________________________

Titan Solar Power AZ Purchase Agreement Customer’s Initials ___ / ___ 16 DocuSign Envelope ID: 69AD9882-C091-4112-AA52-EC17BAF0B2AF

3-DAY RIGHT OF RESCISSION AND NOTICE OF RIGHT TO CANCEL

The attached Notice of Cancellation, regarding your right to cancel this contract, is given pursuant to ARS 4405004 and made a part to this contract.

Notice of Cancellation _______________

4/26/2022 Date of Transaction _______________

You may cancel this transaction, without any penalty or obligation, within three business days from the above date.

If you cancel, any property traded in, payments made under the contract or sale, and any negotiable instrument executed by you will be returned within 10 business days following receipt by the seller of your cancellation notice. Additionally, any security interest arising out of the transaction will be canceled.

If you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale, or you may, if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller`s expense and risk.

If you do make the goods available to the seller and the seller does not pick them up within twenty days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract.

If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract.

Certain aspects of executing the work relating to this contract have fees associated with them. Such items include but are not limited to sight survey, design, permitting etc. The consumer acknowledges that cancelling this contract may result in the consumer being responsible for said fees.

To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice, or any other written notice, to: Corporate Office: Titan Solar Power, 525 W Baseline Rd. Mesa, AZ 85210

No later than midnight of ____________________ 04/29/2022 (date), I hereby cancel this transaction ___________________(date)

(Customer’s printed name) ____________________________________________

(Customer’s signature) ____________________________________________

I ACKNOWLEDGE RECEIPT OF THIS NOTICE OF RIGHT TO CANCEL

4/26/2022 _____________________ __________________________________

Date Customer Signature

Titan Solar Power AZ Purchase Agreement Customer’s Initials ___ / ___ 17 DocuSign Envelope ID: 69AD9882-C091-4112-AA52-EC17BAF0B2AF

AUTHORIZATION DOCUMENT By signing below, I authorize Titan Solar Power AZ, Inc. (“TSP”) to use my digital signature on any permit applications, Notice(s) of Commencement, authorization forms, interconnection applications, utility rebates, net metering application forms, city clearance application forms, and all similar documents related to my solar project. I also authorize TSP to use my same digital signature for any Home Owners Association (“HOA”) application(s) as needed to complete my solar project.

I understand HOAs generally do not work directly with contractors for solar project approval. If necessary I will contact the HOA directly to get approval for my solar project. TSP will provide project plans and equipment specifications upon my request.

TSP will provide me a copy of all applications or related documents using this digital signature. TSP will not use this document for any forms or applications other than those listed above.

___________________________ ___________________________ (Customer Signature) (Customer Signature)

Juliana Torres James Russ ___________________________ ___________________________ (Printed Customer Name) (Printed Customer Name)

4/26/2022 4/26/2022 ___________________________ ___________________________ (Date) (Date)

Titan Solar Power AZ Purchase Agreement Customer’s Initials ___ / ___ DocuSign Envelope ID: 69AD9882-C091-4112-AA52-EC17BAF0B2AF

1048 Rd 4 S Homeowner Address: __________________________________________ Chino Valley AZ 86323

Owner: _____________________ Juliana Torres Co Owner:_______________________ James Russ

Homeowner Association Name: ____________________________________________________________ NA

HOA Management Company: ____________________________________________________________

HOA Phone Number: ____________________________________________________________

HOA Email Address: ____________________________________________________________

Additional Comments: ____________________________________________________________

Please also attach the ARC form if applicable. Thank you and I appreciate the help!

Thanks, Erica Ford - National Permitting Director

AZ # 284331 | NM # 393719 | TX # 32912| NV # 84903 | FL # EC13009924 | CA # 1062072 | CO # EC.0101592 | NC # U.33714 | SC # 115504 UT # 11674728-5501 | GA # EN217911 | MO # [number redacted] Main Office: 855-729-7652 www.titansolarpower.com DocuSign Envelope ID: 69AD9882-C091-4112-AA52-EC17BAF0B2AF

CONSUMER ACKNOWLEDGEMENT

Financing, Sale or Lease Agreements for Distributed Energy Generation Systems

Adherence A.R.S. § to 44-1763 Consumers buying, financing or leasing a solar distributed energy generation system (“System”) must receive certain disclosures from the manufacturer and solar installers regarding warranties, payment obligations, performance data and major System components as set forth in A.R.S § 44-1763.

As part of the installer’s interconnection application process for the purchase or lease of a System, consumers must acknowledge below that they have had the opportunity to review their contract documentation to ensure that it contains all the required information set forth on the attached Table 1, A.R.S § 44-1763 Contract Requirements.

APS will reject interconnection applications which do not include a signed copy of this acknowledgement.

I, CONSUMER:

• Have read the attached Table 1, A.R.S § 44-1763 Contract Requirements

• Have been given the opportunity to review the contract documentation for the purchase or lease of my System to ensure that it contains all the required information set forth on the attached Table 1, A.R.S § 44-1763 Contract Requirements.

Consumer Signature:

Consumer Printed Name: Juliana Torres

Address: 1048 Rd 4 S

City/State/Zip: Chino Valley AZ 86323

APS [account number redacted]

Date: 4/26/2022

Rev 9/20/16 DocuSign Envelope ID: 69AD9882-C091-4112-AA52-EC17BAF0B2AF

TABLE 1. A.R.S § 44-1763 Distributed Energy Generation System Agreements & Disclosures Financing, Sale or Lease Agreements for Distributed Energy Generation Systems An agreement governing the financing, sale or lease of a distributed energy generation System to any person or a political subdivision of this state must include:

•No blank spaces affecting the timing, value or obligations of the agreement at the time of installation. Any signed agreement containing blank spaces affecting timing, value of or material obligations is voidable by the buyer/lessee up to the point of installation. • At least ten-point type • The right to rescind the agreement for a period of not less than three (3) business days after the agreement is signed by the buyer or lessee and before the distributed energy generation system is installed. • A description of the make and model of the System’s major components, or a guarantee of the energy production that the System will provide over the life of the agreement. • For purchases, a breakdown of the following (if applicable): o Total purchase price or cost over the lifetime of the agreement o Any interest, installation fee, document preparation fees, service fees or other costs to be paid • For financed or leased Systems, a breakdown of the following (if applicable): oTotal cost over the lifetime of the agreement o Any interest, installation fee, document preparation fees, services or other costs o Total number of payments o Payment frequency o The amount of each payment o Payment due date • The current and applicable tax incentives, rebates or other state or federal incentives, and any conditions or requirements needed to obtain these incentives. • The current tax obligations, including the assessed value and property tax assessments, as applicable and calculated in the year the agreement was signed, transaction privilege taxes, and any obligations for transfer tax credits or tax incentives. • Whether warranty or maintenance obligations may be sold to or transferred to a 3rd-party.

• A written warranty statement that includes responsibilities assumed or disclaimed and performance data of the System and components. • Any restrictions on the ability to modify or transfer ownership of the System, including whether any modification or transfer is subject to review or approval by a third party, and such third party’s full contact information • Any third-party review requirements in the event of a modification or transfer of ownership of the real property to which the System is or will be affixed, including such third-party’s name, address and telephone number . • A full and accurate summary of the total costs of the maintaining and operating the system over the life of the agreement including, financing, operating, maintenance and construction costs of the System. • The contact information of the entity that may assume the obligation of maintenance, or warranty, should it be transferred.

Rev 9/20/16 DocuSign Envelope ID: 69AD9882-C091-4112-AA52-EC17BAF0B2AF

• If the agreement contains an estimate of future utility charges based on projected utility rates, buyer/lessee must be provided an estimate of future utility charges as impacted by potential utility rates changes ranging from at least a five percent annual decrease to a five percent increase applied to the duration of the agreement in one percent increments. Any comparative estimates must be calculated by applying the entire rate change range to the duration of the agreement. • A statement that: “Utility rates and utility rate structures are subject to change. These changes cannot be accurately predicted. Projected savings from your distributed energy generation system are therefore subject to change. Tax incentives are subject to change or termination by executive, legislative or regulatory action.”

Rev 9/20/16 DocuSign Envelope ID: 69AD9882-C091-4112-AA52-EC17BAF0B2AF

APPENDIX IIA

DISCLAIMER

POSSIBLE FUTURE RULES and/or RATE CHANGES AFFECTING YOUR ROOFTOP PHOTOVOLTAIC SYSTEM

1. APS electricity rates, basic charges and service fees are subject to change. Future adjustments to these items may positively or negatively impact any potential savings or the value of your rooftop photovoltaic system.

2. You will be responsible for paying any future increases to electricity rates, basic charges or service fees from APS.

3. Your rooftop photovoltaic system is subject to the current rates, rules and regulations established by the Arizona Corporation Commission (“Commission”). The Commission may alter its rules and regulations and/or change rates in the future, and if this occurs, your system is subject to those changes.

4. Any future electricity rate projections presented to you are not approved by APS or the Commission. They are based on projections formulated by external third parties not affiliated with APS or the Commission.

By signing below, you acknowledge that you have read and understood the above disclaimer.

Signed, By signing this disclaimer, you confirm your understanding that the economics behind your Juliana Torres decision to buy or lease solar may __________________________________________ change. You are signing up for a Name/signature long-term agreement with a third-party NOT affiliated with APS, whose numbers are based __________________________________________ 4/26/2022 on their own predictions about Date rates and policies that are subject to change.

rev. 6/4/2020 Certificate Of Completion Envelope Id: 69AD9882C0914112AA52EC17BAF0B2AF Status: Completed Subject: Solar Closing Documents for Juliana Torres Source Envelope: Document Pages: 24 Signatures: 8 Envelope Originator: Certificate Pages: 2 Initials: 38 Docs Team AutoNav: Enabled 3049 Executive Way EnvelopeId Stamping: Enabled Lehi, UT 84043 Time Zone: (UTC-07:00) Mountain Time (US & Canada) [email redacted] IP Address: 35.226.245.99

Record Tracking Status: Original Holder: Docs Team Location: DocuSign 4/26/2022 9:29:56 AM [email redacted]

Signer Events Signature Timestamp Brian Soules Sent: 4/26/2022 9:29:59 AM Completed [email redacted] Viewed: 4/26/2022 9:38:42 AM Security Level: Email, Account Authentication Signed: 4/26/2022 9:38:53 AM (None) Signed by link sent to [email redacted] Using IP Address: 72.208.198.187

Electronic Record and Signature Disclosure: Not Offered via DocuSign

James Russ Sent: 4/26/2022 9:38:55 AM [email redacted] Viewed: 4/26/2022 9:39:26 AM Security Level: Email, Account Authentication Signed: 4/26/2022 9:40:40 AM (None) Signature Adoption: Drawn on Device Signed by link sent to [email redacted] Using IP Address: 107.77.231.125 Signed using mobile Electronic Record and Signature Disclosure: Not Offered via DocuSign

Juliana Torres Sent: 4/26/2022 9:38:55 AM [email redacted] Viewed: 4/26/2022 9:40:26 AM Owner Signed: 4/26/2022 9:42:27 AM Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Signed by link sent to [email redacted] Using IP Address: 159.118.217.124 Signed using mobile Electronic Record and Signature Disclosure: Not Offered via DocuSign

In Person Signer Events Signature Timestamp

Editor Delivery Events Status Timestamp

Agent Delivery Events Status Timestamp

Intermediary Delivery Events Status Timestamp

Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Matt Kronwald Sent: 4/26/2022 9:42:29 AM [email redacted] VP of Sales Titan Solar Power Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign

Witness Events Signature Timestamp

Notary Events Signature Timestamp

Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 4/26/2022 9:29:59 AM Certified Delivered Security Checked 4/26/2022 9:40:26 AM Signing Complete Security Checked 4/26/2022 9:42:27 AM Completed Security Checked 4/26/2022 9:42:29 AM

Payment Events Status Timestamps REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

James S. Russ, Case No. 2023-01156 COMPLAINANT v. Titan Solar Power AZ Inc., FINAL ADMINISTRATIVE License Nos. ROC 340249, 334037 DECISION AND ORDER (DEFAULT) RESPONDENT

A Citation was issued in this matter based on a complaint filed with the Registrar of Contractors. Based upon the entire record in this matter, the following Findings of Fact,

Conclusions of Law, and Order are made:

FINDINGS OF FACT 1. The Citation and Complaint were served on Respondent by certified mail, with postage prepaid, directed to the latest address of record for Respondent as shown in the license

files of the Registrar, in accordance with A.R.S. §§ 32-1155(A) and (B).

2. Respondent did not file a timely written Answer to the Citation as required by A.R.S. § 32-1155(A).

3. More than ten days have elapsed since service of the Citation, and under A.R.S. § 32- 1155(C) Respondent’s failure to answer within the time prescribed is deemed an admission of

the acts charged in the Complaint.

4. The Respondent’s licenses were active as of the date of this Order. CONCLUSIONS OF LAW 1. Respondent violated the provisions of A.R.S. § 32-1154(A)(2), (3) and (22) as charged in the Citation and Complaint.

of 3 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/19 2. The Registrar has authority to suspend or revoke Respondent’s license under A.R.S. §§ 32-1154 and 32-1155.

ORDER Based on the foregoing, IT IS ORDERED that Respondent’s license are suspended for a period of 2 days beginning April 9, 2024.

Pursuant to A.R.S. § 32-1154(E), IT IS FURTHER ORDERED that Respondent pay a civil penalty of $250.00 to the Registrar for the violation of A.R.S. § 32-1154(A)(22). If

Respondent fails to pay this civil penalty amount in full within 30 days of the issuance of this

Order, the Registrar shall automatically revoke Respondent’s license, with no further notice. The Registrar shall not issue any future or additional contractor’s licenses to any entity

comprised of persons associated with Respondent, as defined in A.R.S. § 32-1101(A)(7),

unless Respondent or any of the parties defined in A.R.S. § 32-1101(A)(7) pays any and all

outstanding civil penalties.

This Order is not subject to judicial review except for jurisdictional issues under A.R.S. §§ 41-1092.08(H) and 12-902(B).

Dated April 2, 2024. By: /s/ Mary Coyne Mary Coyne, CP Paralegal Manager Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed April 2, 2024 to: Respondent Titan Solar Power AZ Inc. 2222 E. Yeager Dr., Suite 100 Chandler, AZ 85286 Cody Walker, ESQ 2222 E. Yeager Dr., Ste. 100 Chandler, AZ 85286

of 3 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/19 Complainant James S. Russ 1048 E. Rd 4 South Chino Valley, AZ 86323 J Taylor Swick, ESQ. 224 E. Birch Ave. Flagstaff, AZ 86001

Copy sent electronically this same date to:

of 3 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/19 Received 4/03/2024 ROC Legal

Julie E. Maurer AZ State Bar No. 023347 [email redacted] Andrew B. Kleiner AZ State Bar No. 034479 [email redacted] HUSCH BLACKWELL LLP 2415 E. Camelback Road, Suite 500 Phoenix, Arizona 85016 Telephone: 480.824.7900 Facsimile: 480.824.7905 Attorneys for Titan Solar Power AZ, Inc. REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA 2415 E. CAMELBACK RD, SUITE 500, PHOENIX, AZ , 85016

James S. Russ Case No. 2023-01156 COMPLAINANT, (EMERGENCY) REQUEST TO HUSCH BLACKWELL LLP

vs. VACATE DECISION AND ORDER (DEFAULT) AND SCHEDLE (480-824-7890)

Titan Solar Power AZ, Inc. HEARING ON THE MERITS License No. ROC 340249, 334037 RESPONDENT.

As counsel of record for Titan Solar Power AZ, Inc. (“Titan”), the undersigned respectfully submits this Request to Vacate the Decision and Order (Default) (hereinafter

“Default”) entered against Titan yesterday, on April 2, 2024, and Schedule a Hearing on the

Merits. This Request is both timely and required by statute.

Less than 30 days ago, a March 2024 Citation (“Citation”) was filed by Complainant. This Citation contained the identical Case Number (Case No. 2023-01156) as a May 2023

Registrar of Contractors (“ROC”) complaint by the same Complainant to which Titan

already timely responded and to which Titan continued to respond directly to the

Complainant throughout March and April, 2024 (and as recently as yesterday). As set forth

in A.R.S. § 32-1155, excusable neglect exists due to confusion in the record, and Titan

respectfully requests that the April 2, 2024 Default be immediately vacated, and that a

Received 4/03/2024 ROC Legal

decision be determined on the merits. 1

Specifically, when Titan received the Citation with the identical Case Number as the May 2023 ROC complaint filed by the same Complainant, it believed that its previous

response to the original complaint was sufficient. Titan has been in contact with the ROC,

the Complainant, and his attorney for over a year and continues to try to resolve all the issues

alleged by Complainant. Thus, Titan’s oversight in responding via a separate written

response (again) to the new Citation with the exact same 2023 Case Number was

unintentional and due to confusion and excusable neglect pursuant to A.R.S. § 32-1155. As 2415 E. CAMELBACK ROAD, SUITE 500, PHOENIX, ARIZONA 85016

such, the Default should be vacated, the decision to suspend Titan’s license for two days should be reversed, and the ROC should schedule a hearing so that Titan can respond to the

allegations in the Citation on the merits, rather than a Default entered due to confusion and

a procedural technicality. HUSCH BLACKWELL LLP

Furthermore, Titan denies all allegations in the Citation. By entering the Default, the (213) 337-6550

ROC has effectively stated that Claimant’s allegations are proven and true (which is contrary

to the record), namely that Titan failed to take appropriate corrective action to comply with

the rules adopted by ROC. However, the established record refutes this. Specifically, the

entry of Default is inconsistent with the language in the Citation and inconsistent with

Titan’s actions regarding Complainant and the ROC for the past year (and most recently

throughout March and April 2024). Further, the Default violates Titan’s due process rights

for an opportunity to address Claimant’s allegations on the merits at a hearing. Thus, for this

additional reason, Titan respectfully requests the Default be vacated, the supplemental

Response (forthcoming via separate filing) be added to the record, and a hearing be

scheduled to address the Citation on the merits.

I. FACTUAL BACKGROUND In May 2023, Complainant filed his original complaint with the ROC. Thereafter, the

Titan will further supplement the record with a separate, more detailed Response to the Citation, which filing will be forthcoming to the ROC.

Received 4/03/2024 ROC Legal

ROC sent Titan a citation to which Titan timely responded, including providing multiple

reports and correspondence to Jim Dimond with the ROC. (Exhibit A.) At the same time,

Complainant had an attorney, Taylor Swick, and Titan also communicated with him.

(Exhibit B.) Furthermore, Titan continued to communicate with Complainant to resolve the

concerns. By way of example only, Titan corresponded with Complainant via numerous

emails and in person visits as recent as April 2, 2024, April 1, 2024, March 25, 2024, March

18, 2024, and March 14, 2024. (Exhibit D.)

Since this case was already opened at the ROC for Complainant (Case No. 2023- 2415 E. CAMELBACK ROAD, SUITE 500, PHOENIX, ARIZONA 85016

01156), Titan was not aware that a new Citation had been filed in March 2024 because it had the same Case Number as the original (to which Titan timely responded and continued

to respond directly with Complainant to reach a resolution) and because Titan previously

communicated with the ROC regarding the matter. HUSCH BLACKWELL LLP

Then, yesterday, on April 2, 2024, the ROC entered Default against Titan. The (213) 337-6550

Default was entered only seven days past the deadline to respond to the Citation, even though

the Complainant and the ROC had been, and continued to be, in direct communication with

Titan for over a year and knew Titan continued to actively engage with the Complainant and

the ROC to address Complainant’s concerns.

II. TITAN’S FAILURE TO RESPOND TO THE CITATION IS ATTRIBUTABLE TO CONFUSION AND EXCUSABLE NEGLECT, AND SUSPENSION OF TITAN’S LICENSE SHOULD BE REVERSED Pursuant to A.R.S. § 32-1155(C), if a licensee fails to answer a citation within ten days after service and the ROC determines that the failure to answer within such period is

attributable to excusable neglect on the part of the licensee, the default and or suspension

may be reversed. As such, pursuant to Section 32-1155(C), the Default should be vacated

and reversed.

Specifically, in May 2023, Complainant filed his Complaint with the ROC. Titan timely responded thereto, explaining what it had done and was doing to address the

allegations made by Complainant. Titan has been in communication with the ROC and Jim

Dimond for the past year, as well as Complainant’s attorney. (Exhibits A and B.) Further,

Received 4/03/2024 ROC Legal

Titan continued to be in continuous correspondence with Complainant as recently as March

and April 2024. (Exhibit D.) When Titan received the most recent Citation with the same

Case No. (No. 2023-01156) it did not understand that this was a new Citation requiring a

separate response until after it received the Default via email yesterday, April 2, 2024.

(Exhibit C.)

Further, the Default was entered only seven days past the deadline to respond and without any additional notice to Titan, even though the Complainant and the ROC have been

in direct and continuous communication with Titan for over a year to resolve Complainant’s 2415 E. CAMELBACK ROAD, SUITE 500, PHOENIX, ARIZONA 85016

concerns. Indeed, the underlying intent of any default action is that a party willfully fails to engage with a complainant or the ROC to resolve the concerns presented. This is wholly

opposite from what transpired here. Specifically, Titan has continuously engaged with the

Complainant and the ROC to address the concerns raised. HUSCH BLACKWELL LLP

Titan respectfully submits that excusable neglect exists, and that the Default was (213) 337-6550

inappropriately entered. Titan respectfully requests that the Default be vacated, and that a

hearing be scheduled to allow Titan to respond to Claimants’ allegations on the merits.

III. The Default is Inconsistent with the Language Contained in the Citation In the Citation, under the section entitled “Evidentiary Disclaimer”, it states: 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. (Emphasis added.)

Titan denies all allegations in the Citation and will immediately supplement the record with a separate Response submitted to the ROC via separate filing. However, by

entering the Default, the ROC effectively stated that Claimants’ allegations are proven and

true, namely that Titan failed to take appropriate corrective action to comply with the rules

adopted by the ROC (which is inaccurate and contrary to the record). (Exhibits A, B and D.)

This is inconsistent with the language in the Citation, inconsistent with the record,

Received 4/03/2024 ROC Legal

and violates Titan’s due process rights for an opportunity to address Claimant’s allegations

on the merits. Thus, for this additional reason, Titan respectfully requests that its

forthcoming Response be added to the record, and that the ROC set a hearing so that Titan

can respond to the claims in the Citation on the merits, instead of a Default by technicality

due to confusion and excusable neglect.

IV. CONCLUSION Titan has been in contact with the ROC, the Complainant, and his attorney for over a year and continues to try to resolve all the issues alleged by Complainant. Thus, Default is 2415 E. CAMELBACK ROAD, SUITE 500, PHOENIX, ARIZONA 85016

improper and should be immediately vacated, the decision to suspend Titan’s license for two days should be reversed, and the ROC should schedule a hearing so that Titan can respond

to the allegations in the Citation on the merits, rather than a Default entered as a result of

confusion and a technicality contrary to the record, which constitutes excusable neglect. HUSCH BLACKWELL LLP

(213) 337-6550

DATED this 3rd day of April 2024. HUSCH BLACKWELL

By: /s/Julie E. Maurer Julie E. Maurer Andrew B. Kleiner Attorneys for Respondent Titan Solar Power AZ, Inc.

ORIGINAL emailed this 3rd day of April 2024 to: [email redacted]

COPIES hand-delivered this 3rd day of April 2024 to: AZ REGISTRAR OF CONTRACTORS 1700 W. Washington, St., Ste. 105 Phoenix, AZ 85005-8244

Received 4/03/2024 ROC Legal

COPIES mailed this 3rd day Of April 2024 to: James Russ 1048 e rd 4 South Chino Valley, AZ 86323 [email redacted]

J. Taylor Swick, Esq. 224 E. Birch Ave. Flagstaff, AZ 86001 Complainant’s Attorney

/s/Marcy McAlister 2415 E. CAMELBACK ROAD, SUITE 500, PHOENIX, ARIZONA 85016

HUSCH BLACKWELL LLP

(213) 337-6550

Received 4/03/2024 ROC Legal

EXHIBIT A Received 4/03/2024 ROC Legal

---------- Forwarded message --------- From: Cody Walker <[email redacted]> Date: Wed, Feb 7, 2024 at 4:02 PM Subject: Titan Response to ROC Claim No.2023-01156 To: James Dimond <[email redacted]>, Juliana Torres <juliana.e [email redacted]>

Hi Ms. Torres,

Please see the attached response that was provided to Investigator Dimond. At this time, Titan is willing and able to provide all the work outlined in our response.

As for the production, I have a team member preparing a detailed summary regarding the inverter. In the meantime, I have provided your system's production report for 2023.

I understand your frustrations and do not want to downplay them. I am willing to continue working through this matter to resolve the issues.

Thanks,

Received 4/03/2024 ROC Legal

AZ # 334037 | CA # 1062072 | CO # EC.0101592 | FL # EC13011675 | GA # EN217911 | ID #066338 | IL # ECC95923 | LA # CL.72676 | MD # 14480 | MO # [number redacted] | MS # 24105-MC | NC # U.34445 | NJ # 13VH11406000 | NM # 393719 | NV # 84903 | OH # EL.48730 | SC # 115504 | TN #75667 | TX # 32912 | UT # 11674728-5501 | VA #[number redacted]

Received 4/03/2024 ROC Legal

EXHIBIT B Received 4/03/2024 ROC Legal

---------- Forwarded message --------- From: Cody Walker <[email redacted]> Date: Thu, May 25, 2023 at 4:00 PM Subject: AZ ROC Complaint # 2023-01156 To: <[email redacted]> Cc: <[email redacted]>

Hi Jim,

I am writing to you in regard to the ROC complaint referenced above and I have also copied Attorney Taylor Swick who represents the Homeowners who filed this complaint.

First, I wanted to let you know that I am actively engaged with Mr. Swick to resolve this issue. As you know, Titan has a May 31, 2023 deadline to correct the deficiencies identified in your report. Following a call today, Mr. Swick and I agreed that the best plan of action is for the Homeowners to compile a list of all their complaints and present that to myself and other Titan officials so that we can fully resolve this matter.

However, it is unlikely this can be accomplished by May 31, 2023. I am requesting that a 60-day extension be granted so that the parties can work to amicably resolve this matter and ensure all required corrections are probably performed.

Received 4/03/2024 ROC Legal Please let me know if you are willing to grant Titan this extension.

Thanks,

Received 4/03/2024 ROC Legal

EXHIBIT C Received 4/03/2024 ROC Legal

---------- Forwarded message --------- From: Legal New Mail - AZROC <[email redacted]> Date: Tue, Apr 2, 2024 at 3:00 PM Subject: ROC Complaint - Default 2023-01156 To:

Hello,

Attached please find an electronic courtesy copy of the Final Administrative Decision and Order (Default) issued in this case. This document was also sent to your attention via US Mail.

Thank you

Arizona Registrar of Contractors Legal Department 602-542-1525

Fill out AZ ROC’s survey to let us know how we’re doing and how we can better serve you! M m m

Received 4/03/2024 ROC Legal

EXHIBIT D Received 4/03/2024 ROC Legal

From: Juliana Torres <[email redacted]> Date: Tue, Apr 2, 2024 at 6:47 PM Subject: Re: Solar Project - ROC Corrections To: Danielle Henderson <[email redacted]> Cc: Cody Walker <[email redacted]>, Gregory Fierros <[email redacted]>, [email redacted] <[email redacted]>, James Russ <[email redacted]>

Hello Danielle,

Written amendments are required before any work is completed and that has not been Received 4/03/2024 ROC Legal

provided, despite your claim that it has. Titan has provided no written amendments to our contract for approval, so I do not understand the hostility or rush in trying to schedule any work, it will not happen. Please see below note taken directly from Titan's own contract:

The list provided is far from detailed and only includes the items outlined in the ROC complaint. The ROC issues are just one piece of a much larger problem and we have made that known, as well as filed with the correct agencies to address all concerns. Titans proposed corrections will still leave us with something substantially different than what was contracted. We have provided all complaints and contract breach points to Titan on numerous occasions and also provided several options for contract breach remedies to be provided by Titan. Unless all of our concerns are addressed under a newly written, amended, and signed contract, the only option to move forward appears to be arbitration. There is no need for this continued back and forth when we obviously have very different understandings of what this contract entails.

We have tried several times to settle this matter, but Titan's proposals to date leave much to be desired. This contract cannot be fulfilled as written, and we have two years of growing evidence to justify said claim. In order to save us all time, please let us know if you would consider a mutual cancellation and the terms proposed, or if arbitration is your only settlement method.

Thanks, Torres/Russ

From: Danielle Henderson <[email redacted]> Sent: Monday, April 1, 2024 8:20 AM To: Juliana Torres <[email redacted]> Cc: Cody Walker <[email redacted]>; Gregory Fierros <[email redacted]>; [email redacted] <[email redacted]>; James Russ <[email redacted]> Subject: Re: Solar Project - ROC Corrections

Good morning Juliana!

It is now the 1st and we did not get confirmation of the visit so the techs will not be coming to your home today. I have sent exactly what you've asked for in regards to the detailed correction list, I have given a date for corrections and also asked what days work for you but have not received any response. Please at your earliest convenience let me know what days and times work best for you so that we can get these items taken care of. I appreciate your attention to this matter! Thank you.

On Tue, Mar 26, 2024 at 7:54 AM Danielle Henderson <[email redacted]> wrote: Received 4/03/2024 ROC Legal

Hi Juliana,

I have given a detailed explanation in writing as to how Titan intends to fully complete contract obligations and address all issues. That was sent to you on 3/18/24. I will paste below for your reference again. I responded to each item with a detailed explanation as to what we need to do to get the item addressed. If this was not satisfactory for you please explain what you'd like more detail on for us to complete. I gave you a date and multiple solutions, please read below and whatever is not satisfactory for you, I will work to fix. Thank you!

We appreciate Titan’s willingness to complete corrections, but we would be doing ourselves a huge disservice if we did not point out that we have been transferred numerous times with everyone but no one really being in charge. Are you up to speed on all project concerns here, or do we again need to be transferred? I am up to date on all project concerns and can assure you that myself and Greg should be your only contacts moving forward. I apologize in advance for the length of this email but want to try and avoid any further miscommunications here as well. The only reason I say all project issues is because, unfortunately, this past Friday a GoodLeap representative was sent to our home to disconnect the system. If we do not have a working system, then we cannot proceed with most corrections. Again, due to Titan, we are having unexpected and unwanted visitors to our home. This is now a serious concern, as the entirety of this deal depends on a functioning system. Yes, we agreed to pay GoodLeap for this system but no we did not agree to fund $100,000 in July of 2022 to have an incomplete project to this day. What has Titan done with our project funds??? What are the plans to address GoodLeap, now that this will inevitably prohibit Titan from completing the corrections required of the ROC? We unfortunately have no control over Goodleap, we are 2 separate entities. Once the project is turned on, payments are due so because your project is producing, they are expecting payment. I've checked with them and it looks as though your system is $3k overdue which is why they showed up to turn off the system. I'm going to have our contact reach out to Goodleap and see if there's any way we can try to stop them from turning it off. I will let you know the outcome.

Titan has, in our opinion, already expressed culpability for inaccurately and fraudulently funding this loan by sending us a check for the past due GoodLeap payments, up to a certain point. We have yet to cash said check, as we were hoping for full resolution not just the continuing string of band-aids that Titan has been using to obviously drag out project completion. The contract was signed 4-26-22, the contract shows installation completed within 60 days and PTO not later than 270 days from contract signing, we are now at day 693. We have advised both Titan and GoodLeap by numerous phone calls, emails, certified letters and legal representation that we will not be paying on this loan, as our contract with Titan clearly states and Titan’s own sales rep verbally advised that Received 4/03/2024 ROC Legal

funds would be due upon completion. This project is still far from completion, and we would like Titan to explain why it was funded in 2022. The project was funded in July 2022 when the install was complete, Goodleaps requirement is that when a project is installed, funding is applied for.

This morning, again, (for a total of three unannounced visits due to Titan within a two- week timeframe) technicians showed up from the roofing company to drop off materials. Why is there no text, no email, no call, no notice to the homeowners before sending people to site. The roofing company is also a separate entity from Titan, they should have called you to inform you so I apologize that they did not. Why did the roofing company show up today with the wrong color panel and accessories for our roof? Why is the roofing company being told to complete work when we were only advised last Thursday afternoon and have not agreed to the date? The roofing company should be communicating with you, I'm unsure if we're getting the run around but last we spoke to the roofing company they confirmed a date with you. Because they are a separate company, they told us they are communicating with you. We are going to call them to try and get information and based on your communication below we are holding off on roof work until main panel completion. James and I MUST be onsite to prevent further damage to the home. He is trying to find time off. If not here day one of install the panels would have had to be moved by Titan since they tried to drop them over a driveway. If here and advised of or knowing now watching like a hawk, the damage to the roof would have never been done. Any reasonable homeowner would not allow you back to site to continue to damage their home, however, we are simply asking to be told what is happening and fully expect quality work in compliance with the ROC. All contractors need to be licensed, bonded and insured and there should be experienced technicians doing this work. The roofing company has been to site several times to unsuccessfully complete a patch and to inspect the roof. Titan had to correct this roofing company's patch since it did not hold and now, they are showing up unannounced with the wrong color panel to try to put that on our home. Unannounced in unbranded vehicles, all technicians appeared confused when we asked simply why they were onsite. We should not have to explain why we will not allow this level of work. Corrections need to happen, but we believe that now this project is being rushed and Titan’s continual mistakes have made this drag on for almost two years. I promise the project is not being rushed, we are only trying to help you and complete all corrections, we had no idea the roofing company was going out today or we would have communicated that.

appreciate being told that we are being spoken about around the office as rude and difficult to work with. If you are telling your own technicians these things, we can only assume that you are doing the same with your contractors and that could not be any more unprofessional. If you speak so badly of us that your own reps had to tell us, how can we anticipate that any technicians coming to our home will be professional in their work. My apologies for the confusion, the label "escalated" isn't referred to as rude or difficult to work with. An escalated project merely means that this project has reached higher levels of complaints - such as an ROC complaint - so we ask people to be more proactive regarding these projects.

While we are not escalated, we are extremely frustrated with being treated this way as not only returning customers, but customers who spent one hundred thousand dollars to receive top notch service. It is very apparent that Titan cannot complete the project as written, but Titan will still have to fix the damage to the home per the ROC. Item 5: This is not acceptable. We were explained to by several of your own top electrical techs that the way this is wired now, while “unsightly” is our best option unless we want to cause more potential issues with electrical down the road. Titan can remove the 400 amp box and replace our 200 amp box, then fix the roof that should have never been touched. Cost adjustment of course, since the 400 amp upgrade obviously cannot be completed as contracted. - This unfortunately is not an option because of your system size. APS requires any DC system size over 15kW to be in a 400A panel. Item 6: The roof cannot be corrected until the main panel situation is resolved, we will also not allow mismatched panels to be placed on our property, silver on a dark metal almost black roof would severely diminish our home value. - I understand and we are working with the roofing company to determine their course of action. Holding off on the roof work is something we would not advise doing just in case it rains or anything so I just want to confirm you are wanting us to not move forward with any roof work until the main panel situation is resolved? Item 7: The damage to the temporary fix is worsening and we have heard that we will make plans before, but Titan just sent three techs to site again with no fix, how many more times does it need to be viewed to actually make corrections? What corrections have been spoken about, if any? - Our electrical field supervisor Greg will be able to make a site visit 04/01 with our handyman Arturo and they will come up with a plan of action. Will this work for you? It would be between 7AM - 9AM. Item 8: As noted, we cannot continue with the roof until the main panel is rectified and we receive proper parts. - Understood. Item 9: System testing requires a functioning system. Received 4/03/2024 ROC Legal

- Can you clarify what specific connection testing you're asking for? Item 10: Again, this was scheduled already but your techs just looked at the work, will it actually be completed? What are Titan’s proposed plans? - This will be completed, yes, we just need confirmation from you that it's allowed. We can have it done on 04/01 the same day that the handyman and our field supervisor will be there. Item 12: The battery was sold as being able to power the system during outages, with APS not having the power to take it over. This was a false statement by Titan that resulted in us doing more research and now we are reading that the battery sold to us cannot withstand our weather, like we were told by your sales rep and it also appears to have several issues, that we are uncertain if we now want in or around our home. Can Titan give more insight into the misinformation provided? - The battery can work in back up within limitations. Its continuous output is 5kW, which is how it's designed on the plans. One battery cannot be a whole home backup, but it can back up some things such as lights, fridges, outlets. 240 loads or big appliances cannot be backed up with one battery. We can set it up for time of use which means we can have it discharge during your peak times with APS to help offset the bill. Item 16: Is this all the documentation? Is there no paperwork agreeing for Titan to drill into our roof? There is only one inverter listed on the solar edge warranty, is that correct? - Yes this is all of the documentation. What kind of paperwork do you mean regarding drilling into your roof? There are 2, my apologies, I didn't realize the documents were different upon looking last week. I've attached both here. All three technicians that were last onsite for Titan viewed our inverters to see the physical cap that Titan has refused to address. Production will not be handled by the ROC and Titan has been unwilling to make corrections thus far. Since an active ROC investigation has not appeared to entice Titan to correct these issues, we have also now reached out to the AG, naming both Titan and GoodLeap. We are continuing to look at legal recourse but would like it clearly noted that this is not the route we have to take, Titan is forcing our hand but could very easily rectify this situation if so inclined. I do want to help you so what we can do here is swap out the 6000 inverter for a 7600 inverter and add 3 solar modules which would bring up your system size up to 19.2kW DC with an AC production of 15.2kW. Would you be willing to let us do that to address the capping issue? Another thing I want to note is that if you look at the back of a panel you'll see 2 different ratings, the STC rating and the NOCT test, the NOCT test is normal operation which is why financiers allow stack ratios because even though the module is marketed at 400W, it will never hit 400W under normal operating conditions.

On Mon, Mar 25, 2024 at 6:32 PM Juliana Torres <[email redacted]> wrote:

Good Afternoon Danielle, Received 4/03/2024 ROC Legal

Titan should have received our notice of contract default by mail today, I am also including a PDF of the notice within this email, since our last letter sent to Titan in January of 2023 remains unaddressed. In accordance with the ROC, we will no longer allow another site visit, now that the directive period has ended. Titan has been on site multiple times, just this year alone. Each time the employees arrive, they are unaware of what they were sent on site to do. The employee then leaves and always says they have to go get every detail approved. These wasted trips make it appear that Titan is trying to fulfill obligations, however, they have all just been for show.

Every few weeks Titan will hand over our situation to another employee, this employee says they are now in charge and was just handed our file and will have to get familiar. As the new person in charge, can you please give a DETAILED explanation, in writing, as to how Titan intends to fully complete contract obligations and address all issues that have arisen since contract signing. We will be more than happy to let Titan or their associates on the property to fulfil obligations as soon as we get a satisfactory avenue of approach, written and approved, for all issues.

Thanks, Torres/Russ

From: Danielle Henderson <[email redacted]> Sent: Monday, March 25, 2024 9:36 AM To: Juliana Torres <[email redacted]> Cc: Cody Walker <[email redacted]>; Gregory Fierros <[email redacted]> Subject: Re: Solar Project - ROC Corrections

Hi Juliana,

I noticed we haven't gotten confirmation of the site visit on 04/01, will that work for you? We're trying to get your complaints addressed but need confirmation we're allowed to come onsite to do so. I also need confirmation you're wanting us to pause roof work and I need to know if you'd like us to swap the inverters. Please let me know at your earliest convenience, thank you!

On Tue, Mar 19, 2024 at 7:51 AM Danielle Henderson <[email redacted]> wrote:

They can do a site visit on 04/01 between 7am-9am, not tomorrow. My apologies for the confusion. Please let me know at your earliest convenience if this date works for you so we can get these corrections fixed for you. Thank you!

On Mon, Mar 18, 2024 at 7:24 PM Juliana Torres <[email redacted]> wrote: Received 4/03/2024 ROC Legal

Tomorrow will not work for us. We will get back to you as soon as we can on availability.

Thanks, Torres/Russ

From: Danielle Henderson <[email redacted]> Sent: Monday, March 18, 2024 1:31 PM To: Juliana Torres <[email redacted]> Cc: Cody Walker <[email redacted]>; Gregory Fierros <[email redacted]> Subject: Re: Solar Project - ROC Corrections

Hi Juliana,

No worries on the length of the email, I will do my best to respond to all inquiries below.

Titan has, in our opinion, already expressed culpability for inaccurately and fraudulently funding this loan by sending us a check for the past due GoodLeap payments, up to a certain point. We have yet to cash said check, as we were hoping for full resolution not just the continuing string of band-aids that Titan has been using to obviously drag out project completion. The contract was signed 4- 26-22, the contract shows installation completed within 60 days and PTO not later than 270 days from contract signing, we are now at day 693. We have advised both Titan and GoodLeap by numerous phone calls, emails, certified letters and legal representation that we will not be paying on this loan, as our contract with Titan clearly states and Titan’s own sales rep verbally advised that funds would be due upon completion. This project is still far from completion, and we would like Titan to explain why it was funded in 2022. The project was funded in July 2022 when the install was complete, Goodleaps requirement is that when a project is installed, funding is applied for.

This morning, again, (for a total of three unannounced visits due to Titan within a two-week timeframe) technicians showed up from the roofing company to drop off materials. Why is there no text, no email, no call, no notice to the homeowners before sending people to site. The roofing company is also a separate entity from Titan, they should have called you to inform you so I apologize that they did not. Why did the roofing company show up today with the wrong color panel and accessories for our roof? Why is the roofing company being told to complete work when we were only advised last Thursday afternoon and have not agreed to the date? The roofing company should be communicating with you, I'm unsure if we're getting the run around but last we spoke to the roofing company they confirmed a date with you. Because they are a separate company, they told us they are communicating with you. We are going to call them to try and get information and based on your communication below we are holding off on roof work until main panel completion. James and I MUST be onsite to prevent further damage to the home. He is trying to find time off. If not here day one of install the panels would have had to be moved by Titan since they tried to drop them over a driveway. If here and advised of or knowing now watching like a hawk, the damage to the roof would have never been done. Any reasonable homeowner would not allow you back to site to continue to damage their home, however, we are simply asking to be told what is happening and fully expect quality work in compliance with the ROC. All contractors need to be licensed, bonded and insured and there should be experienced technicians doing this work. The roofing company has been to site several times to unsuccessfully complete a patch and to inspect the roof. Titan had to correct this roofing company's patch since it did not hold and now, they are showing up unannounced with the wrong color panel to try to put that on our Received 4/03/2024 ROC Legal

home. Unannounced in unbranded vehicles, all technicians appeared confused when we asked simply why they were onsite. We should not have to explain why we will not allow this level of work. Corrections need to happen, but we believe that now this project is being rushed and Titan’s continual mistakes have made this drag on for almost two years. I promise the project is not being rushed, we are only trying to help you and complete all corrections, we had no idea the roofing company was going out today or we would have communicated that.

We would also like to kindly ask that Titan stop disparaging our name. We have now had at least three technicians come to site advising that we are labeled as “escalated” and cautioned of before sending said technicians to our home. To have it on the record, we have been nothing but professional and even jovial with your technicians and do not appreciate being told that we are being spoken about around the office as rude and difficult to work with. If you are telling your own technicians these things, we can only assume that you are doing the same with your contractors and that could not be any more unprofessional. If you speak so badly of us that your own reps had to tell us, how can we anticipate that any technicians coming to our home will be professional in their work. My apologies for the confusion, the label "escalated" isn't referred to as rude or difficult to work with. An escalated project merely means that this project has reached higher levels of complaints - such as an ROC complaint - so we ask people to be more proactive regarding these projects.

course of action. Holding off on the roof work is something we would not advise doing just in case it rains or anything so I just want to confirm you are wanting us to not move forward with any roof work until the main panel situation is resolved? Item 7: The damage to the temporary fix is worsening and we have heard that we will make plans before, but Titan just sent three techs to site again with no fix, how many more times does it need to be viewed to actually make corrections? What corrections have been spoken about, if any? - Our electrical field supervisor Greg will be able to make a site visit tomorrow 04/01 with our handyman Arturo and they will come up with a plan of action. Will this work for you? It would be between 7AM - 9AM. Item 8: As noted, we cannot continue with the roof until the main panel is rectified and we receive proper parts. - Understood. Item 9: System testing requires a functioning system. - Can you clarify what specific connection testing you're asking for? Item 10: Again, this was scheduled already but your techs just looked at the work, will it actually be completed? What are Titan’s proposed plans? - This will be completed, yes, we just need confirmation from you that it's allowed. We can have it done on 04/01 the same day that the handyman and our field supervisor will be there. Item 12: The battery was sold as being able to power the system during outages, with APS not having the power to take it over. This was a false statement by Titan that resulted in us doing more research and now we are reading that the battery sold to us cannot withstand our weather, like we were told by your sales rep and it also appears to have several issues, that we are uncertain if we now want in or around our home. Can Titan give more insight into the misinformation provided? - The battery can work in back up within limitations. Its continuous output is 5kW, which is how it's designed on the plans. One battery cannot be a whole home backup, but it can back up some things such as lights, fridges, outlets. 240 loads or big appliances cannot be backed up with one battery. We can set it up for time of use which means we can have it discharge during your peak times with APS to help offset the bill. Item 16: Is this all the documentation? Is there no paperwork agreeing for Titan to drill into our roof? There is only one inverter listed on the solar edge warranty, is that correct? - Yes this is all of the documentation. What kind of paperwork do you mean regarding drilling into your roof? There are 2, my apologies, I didn't realize the documents were different upon looking last week. I've attached both here. All three technicians that were last onsite for Titan viewed our inverters to see the physical cap that Titan has refused to address. Production will not be handled by Received 4/03/2024 ROC Legal

the ROC and Titan has been unwilling to make corrections thus far. Since an active ROC investigation has not appeared to entice Titan to correct these issues, we have also now reached out to the AG, naming both Titan and GoodLeap. We are continuing to look at legal recourse but would like it clearly noted that this is not the route we have to take, Titan is forcing our hand but could very easily rectify this situation if so inclined. I do want to help you so what we can do here is swap out the 6000 inverter for a 7600 inverter and add 3 solar modules which would bring up your system size up to 19.2kW DC with an AC production of 15.2kW. Would you be willing to let us do that to address the capping issue? Another thing I want to note is that if you look at the back of a panel you'll see 2 different ratings, the STC rating and the NOCT test, the NOCT test is normal operation which is why financiers allow stack ratios because even though the module is marketed at 400W, it will never hit 400W under normal operating conditions.

Please let us know how Titan intends to proceed and please be aware that we will no longer allow continual unannounced visitors to site. This is now a safety concern for us and the animals we have onsite, and we will seek the assistance of local law enforcement if Titan or any affiliates continue to show up unannounced and without approval to our home.

Respectfully, Torres/Russ

On Mon, Mar 18, 2024 at 10:32 AM Juliana Torres <[email redacted]> wrote:

Hello Danielle,

$100,000 in July of 2022 to have an incomplete project to this day. What has Titan done with our project funds??? What are the plans to address GoodLeap, now that this will inevitably prohibit Titan from completing the corrections required of the ROC?

Titan has, in our opinion, already expressed culpability for inaccurately and fraudulently funding this loan by sending us a check for the past due GoodLeap payments, up to a certain point. We have yet to cash said check, as we were hoping for full resolution not just the continuing string of band-aids that Titan has been using to obviously drag out project completion. The contract was signed 4- 26-22, the contract shows installation completed within 60 days and PTO not later than 270 days from contract signing, we are now at day 693. We have advised both Titan and GoodLeap by numerous phone calls, emails, certified letters and legal representation that we will not be paying on this loan, as our contract with Titan clearly states and Titan’s own sales rep verbally advised that funds would be due upon completion. This project is still far from completion, and we would like Titan to explain why it was funded in 2022.

now this project is being rushed and Titan’s continual mistakes have made this drag on for almost two years.

While we are not escalated, we are extremely frustrated with being treated this way as not only returning customers, but customers who spent one hundred thousand dollars to receive top notch service. It is very apparent that Titan cannot complete the project as written, but Titan will still have to fix the damage to the home per the ROC. Item 5: This is not acceptable. We were explained to by several of your own top electrical techs that the way this is wired now, while “unsightly” is our best option unless we want to cause more potential issues with electrical down the road. Titan can remove the 400 amp box and replace our 200 amp box, then fix the roof that should have never been touched. Cost adjustment of course, since the 400 amp upgrade obviously cannot be completed as contracted. Item 6: The roof cannot be corrected until the main panel situation is resolved, we will also not allow mismatched panels to be placed on our property, silver on a dark metal almost black roof would severely diminish our home value. Item 7: The damage to the temporary fix is worsening and we have heard that we will make plans before, but Titan just sent three techs to site again with no fix, how many more times does it need to be viewed to actually make corrections? What corrections have been spoken about, if any? Item 8: As noted, we cannot continue with the roof until the main panel is rectified and we receive proper parts. Item 9: System testing requires a functioning system. Item 10: Again, this was scheduled already but your techs just looked at the work, will it actually be completed? What are Titan’s proposed plans? Item 12: The battery was sold as being able to power the system during outages, with APS not having the power to take it over. This was a false statement by Titan that resulted in us doing more research and now we are reading that the battery Received 4/03/2024 ROC Legal

sold to us cannot withstand our weather, like we were told by your sales rep and it also appears to have several issues, that we are uncertain if we now want in or around our home. Can Titan give more insight into the misinformation provided? Item 16: Is this all the documentation? Is there no paperwork agreeing for Titan to drill into our roof? There is only one inverter listed on the solar edge warranty, is that correct?

All three technicians that were last onsite for Titan viewed our inverters to see the physical cap that Titan has refused to address. Production will not be handled by the ROC and Titan has been unwilling to make corrections thus far. Since an active ROC investigation has not appeared to entice Titan to correct these issues, we have also now reached out to the AG, naming both Titan and GoodLeap. We are continuing to look at legal recourse but would like it clearly noted that this is not the route we have to take, Titan is forcing our hand but could very easily rectify this situation if so inclined.

Respectfully, Torres/Russ

From: Danielle Henderson <[email redacted]> Sent: Thursday, March 14, 2024 1:18 PM To: [email redacted] <[email redacted]> Subject: Solar Project - ROC Corrections

Hi Juliana,

My name is Danielle with Titan Solar Power, I was given your project to try to rectify the situation you're in and hopefully complete the work and clear up all misunderstandings. It's my understanding that there is a list of repairs you'd like completed. Below I have noted an action plan for each item complaint. We would ideally like to come around the same time as the roofers so that this can all be completed for you as quickly as possible. What day works best for you over the course of the next 14 days for us to complete work? Please let me know as soon as possible and we will get it on the schedule, thank you!

Item 5: There is already a 200 amp panel that we were told served as a j-box. Received 4/03/2024 ROC Legal

We would like Titan to correct the panel but would ask for more clarification of the work to be done. - We are planning to move the circuits, add a junction box and move all the wires to fill the 400-amp panel. Thus, having the solar landed on the M1 Slot like originally designed, eliminating the 200-amp breaker option at the top for accessibility.

Item 6: Titan has sent two roofing companies to inspect the home and there is still no clear explanation of a solution. Titan wanted to replace the metal roof panel above the 200 amp j-box in one trip and come back out to address the issues above the 400 amp main panel. Both inspectors advised the roof would need to be removed and we advised Titan that we did not agree to two separate work orders, when the roof should be removed once for all damage to be inspected thoroughly and in the same scope. The response from Titan shows a desire to only correct the metal and plywood underneath but the damage has seeped into the frame of the home and our custom awning. We understand there may be a need for exploration and multiple trips but Titan has even in this response not articulated a willingness to correct the damage in the walls behind the main panel or the awning, which are all part of the original complaint. - The roofing company has given us a tentative date of 3/19, they are only waiting on them to pick up the material.

Item 7: We request full inspection of the main internet/electric input for new water damage, as well as a full inspection of the j-box sitting directly underneath and housing all our circuits, also being subject to water intrusion. The temporary hinge that was placed on the home may need to be redone once water damage is inspected. - We will address the temporary fix with our handyman to come up with a permanent solution.

Item 8: As noted previously, water damage to the roof in multiple spots and the underlying structure of the home should be treated as one work order, with a full inspection and an action plan to resolve the entire roof/water issue. - This is going to be fixed by the roofing company on 3/19 if allowed.

Item 9: We agree to connection testing and will discuss options based on outcome.

Item 10: We agree to digging up and inspecting the conduit to start. - We can have a trenching crew dig up and inspect conduit if work is allowed.

Item 12: We have been open to working on a battery location and were advised that Titan was drafting new plans but we have yet to see any documentation. - Our design team is currently working on plans with a new battery location, those will be sent as soon as possible.

Item 16: We would like all contracts, plans, APS documentation, repair work plans and any other items related to this contract to be provided per the terms of our contract. Received 4/03/2024 ROC Legal Received 4/03/2024 ROC Legal

-- Danielle Henderson Internal Operations Manager (AZ, CO & UT) O: 480-237-2375 C: 480-766-9063 [email redacted]

www.titansolarpower.com

-- Danielle Henderson Internal Operations Manager (AZ, CO & UT) O: 480-237-2375 C: 480-766-9063 [email redacted]

www.titansolarpower.com

-- Danielle Henderson Internal Operations Manager (AZ, CO & UT) O: 480-237-2375 C: 480-766-9063 [email redacted]

www.titansolarpower.com

-- Danielle Henderson Internal Operations Manager (AZ, CO & UT) O: 480-237-2375 C: 480-766-9063 [email redacted]

www.titansolarpower.com

-- Danielle Henderson Internal Operations Manager (AZ, CO & UT) O: 480-237-2375 C: 480-766-9063 [email redacted]

www.titansolarpower.com

Answers - AZROC <[email redacted]>

Russ v. Titan Solar Power; Case No. 2023-01156 message

McAlister, Marcy <[email redacted]> Wed, Apr 3, 2024 at 12:26 PM To: "[email redacted]" <[email redacted]> Cc: "Maurer, Julie" <[email redacted]>, "Kleiner, Andy" <[email redacted]>

Attached please find Titan Solar Power’s Emergency Request to Vacate Default and Set Hearing in the above-referenced case.

Hard copies will also be delivered today.

Marcy McAlister

Practice Support Team Specialist

HUSCH BLACKWELL

2415 E. Camelback Road Suite 500 Phoenix, AZ 85016‑4288

Direct: 480-824-7895

Fax: 480-824-7905

[email redacted]

huschblackwell.com

Husch Blackwell is a different kind of law firm—structured around our clients’ industries and built on a culture of selfless service. Our 1000+ lawyers collaborate across the U.S. from more than 20 offices and our virtual office, The Link, to provide uncommon solutions to our clients’ most complex challenges.

Russ - Request to Vacate Default and Set Hearing on the Merits AZ ROC Case No. 2023-01156 with exhibits.pdf 774K

https://mail.google.com/mail/b/AEoRXRQ9h3zEgmFMrl2FB9M9rvqVDQg7Bd_rZuJJ-1AexxCtuQRm/u/0/?ik=581c53cf5c&view=pt&search=all&permth… 1/1 Received 4/05/2024 ROC Legal

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA 2415 E. CAMELBACK RD, SUITE 500, PHOENIX, AZ , 85016

James S. Russ Case No. 2023-01156 COMPLAINANT, HUSCH BLACKWELL LLP

WRITTEN ANSWER TO CITATION vs. AND COMPLAINT (480-824-7890)

Titan Solar Power AZ, Inc. License No. ROC 340249, 334037 RESPONDENT.

Titan Solar Power AZ, Inc. (“TSP” or “Titan”) hereby files its Written Answer to the Registrar of Contractors’ (“ROC”) Citation and Complaint re James S. Russ (Complainant),

by and through its counsel undersigned. TSP denies violating any of the statutes outlined in

Charges 1, 2 and 3 of the ROC Citation and the related Complaint that James Russ filed on

behalf of himself and his wife or partner Juliana Torres. TSP has always performed its work

at Complainant’s house professionally and in a workmanlike manner. Titan has consistently

communicated with Complainant and the ROC from the very beginning, documenting and

attempting to resolve all Complainant’s concerns. However, Complainant refuses TSP to

make any repairs unless TSP complied with their unreasonable demands which are not

required by the ROC. Because of Complainant’s actions alone, TSP has been unable to

complete the necessary work and repairs at Complainant’s home.

Received 4/05/2024 ROC Legal

For these reasons, TSP requests that the ROC find that TSP has not violated the any of the statutes or rules in Charges 1-3.

I. FACTUAL BACKGROUND In May 2023, Complainant filed his original complaint with the ROC. Thereafter, the ROC sent TSP a citation to which TSP timely responded, including providing multiple

reports and correspondence to Jim Dimond with the ROC. (Exhibit A.) At the same time,

Complainant had an attorney, Taylor Swick, and TSP also communicated with him. (Exhibit

B.) Complainants have either refused to communicate with TSP, either directly of through 2415 E. CAMELBACK ROAD, SUITE 500, PHOENIX, ARIZONA 85016

their attorney, and or denied TSP the ability to visit the property to comply with the ROC’s

directives. Notwithstanding, TSP continued to communicate with Complainant to resolve

his concerns but to no avail. By way of example only, TSP corresponded with Complainant

via numerous emails and in person visits as recent as April 2, 2024, April 1, 2024, March HUSCH BLACKWELL LLP

25, 2024, March 18, 2024, and March 14, 2024. (See Exhibit D and explanations below.) (213) 337-6550

The following is a timeline of events related to Complainant’s allegations regarding the Project:

 May 11, 2023 – Letter from the ROC to complete several corrections on the work at Complainant’s home (the “Project”).  May 25, 2023 – TSP contacted Complainant to address the battery installation, but Complainant refused to sign the battery application which is a prerequisite to battery installation.  May 25, 2023 – TSP’s Asst. General Counsel called Complainant’s Attorney Taylor Swick and explained that due to Complainant’s refusal to cooperate, corrections would not be completed by May 31, 2023, as the ROC ordered. Mr. Swick agreed and promised to send a settlement demand.  May 25, 2023 – TSP emailed Mr. Dimond and cc’d Mr. Swick explaining work could not be completed by the 31st and requested a 60-day extension.  June 6, 2023 – Via email to TSP and the ROC, Mr. Swick agreed to the 60- day extension if “RC would oversee it.” Received 4/05/2024 ROC Legal

 June 7, 2023 – Mr. Dimond responded that the ROC would not oversee the work and that the only options are to close the case or send for citation. The matter was closed the same day.  June 8, 2023 – Call between TSP and Mr. Swick to move the project along.  June 13, 2023 – Mr. Swick provided pictures of alleged roof damage.  June 22, 2023 – TSP provided Complainant and Mr. Swick with its repair plan.  June 26, 2023 – Mr. Swick informed TSP Complainant rejected the repair plan and changed and enlarged the scope of work. 2415 E. CAMELBACK ROAD, SUITE 500, PHOENIX, ARIZONA 85016

 June 28, 2023 – TSP sent updated corrections plans to Mr. Swick.  August 7, 2023 – Mr. Swick sent a demand letter to TSP: o “My clients' requirements to settle all outstanding claims with Titan are as follows: HUSCH BLACKWELL LLP

o Titan must be held fully responsible for the entire loan payoff that my (213) 337-6550

clients currently owe. Any mention of GoodLeap must be taken off of my clients' credit history by Titan, as if it never happened. o Titan must leave the panels already onsite for payment of damages done to my clients' home. o My clients also require a payment directly to them from Titan of $75,000.00 for my clients to complete the project with a new company, as well as for compensatory damages. o Titan must also agree to fully pay all of my clients' legal fees that they will have had to pay by the end of this process (to be determined at the resolution of this matter through me sending you a final showing of my fees when this is finalized). o If this option is not accepted by Titan, my clients are prepared to refile their complaint with the ROC, but this time they will include all newly identified problems on their property and will fully outline for the ROC all itemized damages that have happened, so that each and every thing

Received 4/05/2024 ROC Legal

they have requested in their letters to you and Titan are forced to be properly addressed and resolved by the ROC. My clients also have alerted me that they are aware of Attorney General Mayes having filed a suit on behalf of Arizona against Vision Solar which outlines Deceptive Sales Practices, Production Overestimation, Double Billing (such as with APS and GoodLeap financing in this case), and Savings Miscalculations as claims against the solar company. They mention this lawsuit, because they believe that many of the claims in that lawsuit are 2415 E. CAMELBACK ROAD, SUITE 500, PHOENIX, ARIZONA 85016

exactly the same as things done by Titan to my clients, and therefore they also wish to go to the Attorney General's Office to file a complaint against Titan for a hopeful lawsuit by the AG against your client. o Please confirm receipt of this email and please send a substantive HUSCH BLACKWELL LLP

response to the above demands by August ____, 2022.” (213) 337-6550

 August 8, 2023 – TSP’s Asst. General Counsel responded: o Hi Taylor, Titan is willing and able to make all repairs outlined in the ROC Investigator's findings and will consider repairing any other alleged damage if accompanied by an inspection report and repair quote. Furthermore, Titan can perform any and all repair work necessary to render the system operational per the terms of the contract. o In regard to the loan, Titan is not a party to the loan and cannot cancel nor remove its existence from your client’s credit history. We do not have that authority. o Finally, I am happy to consider your legal fees to date if provided with an invoice for review.  September 4, 2023 – In response to TSP’s counteroffer, Complainant submitted a Re-Open request with the ROC. Complainant told Mr. Dimond in his email that TSP refused to do the work. They did not include their financial demands.

Received 4/05/2024 ROC Legal

 September 11, 2023–Matter re-opened by ROC.  September 12, 2023 – TSP’s Asst. General Counsel emailed Mr. Dimond notifying him of TSP’s offer to make all repairs and that Complainant demanded financial compensation.  September 12 & 18, 2023 – Mr. Dimond sent encrypted messages TSP could not open and notified the ROC.  October 5, 2023 – 2nd ROC inspection  October 31, 2023 – No response from Mr. Swick from any of TSP’s previous 2415 E. CAMELBACK ROAD, SUITE 500, PHOENIX, ARIZONA 85016

correspondences.  November 28, 2023 – TSP sent roofing crew to make roof repairs, Complainant forgot about appointment and work was not allowed to go forward. HUSCH BLACKWELL LLP

 December 22, 2023 – TSP employee Gregory Fierros notified TSP’s Asst. (213) 337-6550

General Counsel that Complainant will not allow any work until alleged production issues are corrected.  Dec. 27, 2023 – TSP’s Asst. General Counsel emailed Mr. Swick to ask if he still represented Complainant and he never responded.  January 8, 2024 – 2nd inspection findings received by TSP AZ.  January 17, 2024 – Complainants have denied TSP and contractors access to the property. TSP employee Nathan Chokey notes Complainant will not respond to roofing contractors. Mr. Dimond notified of the same.  February 2, 2024 – TSP provided Mr. Dimond and Complainant with formal response and production analysis showing the solar system is fully operational and producing per the contract.  March 11, 2024 – New ROC Citation issued.  March 14, 2024 –TSP employee Danielle Henderson emailed Complainant asking what days would work best over the next two weeks to address all the issues at the property. (See Exhibit D.)

Received 4/05/2024 ROC Legal

 March 18, 2024 – TSP emailed Complainants with detailed explanation of how it intends to fully complete the contract obligations and address all issues and asked if TSP to perform that on April 1, 2024. (See Exhibit D.)  March 25, 2024 – TSP emailed Complainant again, we have not received your respond if we can complete a site visit on 4/1/2024. “Please confirm you want us to pause roof work and if you’d like us to swap the inverters.” (Exhibit D.)  April 1, 2024 – TSP emailed Complainant reporting Complainant’s failure to respond if April 1, 2024, would be okay to work. Please contact us to schedule 2415 E. CAMELBACK ROAD, SUITE 500, PHOENIX, ARIZONA 85016

this work. (See Exhibit D.)  April 2, 2024 – Complainant demanded that the contract be amended before TSP is permitted to do any work at the property. (See Exhibit D.) II. RESPONSE TO CHARGE 1 A.R.S. § 32-1154(A)(2)(a) HUSCH BLACKWELL LLP

Charge 1: Departure from or disregard of: (a) Plans or specifications in any (213) 337-6550

material respect that is prejudicial to another without the consent of the owner or the owner’s duly authorized representative and without the consent of the person entitled to have the particular construction project or operation completed in accordance with such plans and specifications and code.

TSP denies the allegations in Charge 1. TSP followed all plans and laws in

performing the Project. After the ROC directed TSP to make certain corrections on the

Project, Complainant significantly changed and augmented the scope of work, which

exceeded the original agreed upon plans and what the ROC requested. As described more

fully above, TSP has patiently attempted to work with Complainant to no avail. Therefore,

TSP requests that the ROC conclude that TSP did not violate A.R.S. § 32-1154(A)(2)(a)

III. RESPONSE TO CHARGE 2 A.R.S. § 32-1154(A)(3) – R4-9-108(a)

Charge 2: 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.

TSP denies the allegations in Charge 2. TSP performed all work at Complainant’s

house in a professional and workmanlike manner. Although some issues have arisen from

Received 4/05/2024 ROC Legal

the solar panel installation, TSP has responded timely and professionally in attempting

repairs and correcting any issues existing at Complainant’s house.

As outlined by the events described in Section I above, TSP has and continues to perform in a professional and workmanlike manner. Therefore, TSP requests that the ROC

conclude TSP did not violate A.R.S. § 32-1154(A)(3), namely R4-9-108(a).

IV. RESPONSE TO CHARGE 3 A.R.S. § 32-1154(A)(22) Charge 3: 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 2415 E. CAMELBACK ROAD, SUITE 500, PHOENIX, ARIZONA 85016

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. HUSCH BLACKWELL LLP

(213) 337-6550

TSP has always immediately responded to the ROC’s directives. The record establishes that Complainant has denied TSP’s every effort to comply. But for

Complainant’s unreasonable demands, the Project and all corrections requested by the ROC

would have been completed long ago. Due to factors outside of its control, Complainant’s

actions, TSP has not been able to complete the Project. TSP has taken appropriate corrective

actions and constantly reported to ROC on the status of the Project. Therefore, TSP requests

that the ROC conclude that TSP has complied with A.R.S. § 32-1154(A)(22).

/ / /

Received 4/05/2024 ROC Legal

DATED this 5th day of April 2024. HUSCH BLACKWELL

By: ___/s/ Andrew Kleiner Julie E. Maurer Andrew B. Kleiner Attorneys for Respondent Titan Solar Power AZ, Inc.

2415 E. CAMELBACK ROAD, SUITE 500, PHOENIX, ARIZONA 85016

HUSCH BLACKWELL LLP

ORIGINAL emailed this (213) 337-6550

5th day of April 2024 to: [email redacted]

/s/Andy Kleiner

Received 4/05/2024 ROC Legal

EXHIBIT A Received 4/05/2024 ROC Legal

Hi Ms. Torres,

Please see the attached response that was provided to Investigator Dimond. At this time, Titan is willing and able to provide all the work outlined in our response.

As for the production, I have a team member preparing a detailed summary regarding the inverter. In the meantime, I have provided your system's production report for 2023.

I understand your frustrations and do not want to downplay them. I am willing to continue working through this matter to resolve the issues.

Thanks,

Received 4/05/2024 ROC Legal

EXHIBIT B Received 4/05/2024 ROC Legal

---------- Forwarded message --------- From: Cody Walker <[email redacted]> Date: Thu, May 25, 2023 at 4:00 PM Subject: AZ ROC Complaint # 2023-01156 To: <[email redacted]> Cc: <[email redacted]>

Hi Jim,

I am writing to you in regard to the ROC complaint referenced above and I have also copied Attorney Taylor Swick who represents the Homeowners who filed this complaint.

Received 4/05/2024 ROC Legal Please let me know if you are willing to grant Titan this extension.

Thanks,

Received 4/05/2024 ROC Legal

EXHIBIT C Received 4/05/2024 ROC Legal

---------- Forwarded message --------- From: Legal New Mail - AZROC <[email redacted]> Date: Tue, Apr 2, 2024 at 3:00 PM Subject: ROC Complaint - Default 2023-01156 To:

Hello,

Attached please find an electronic courtesy copy of the Final Administrative Decision and Order (Default) issued in this case. This document was also sent to your attention via US Mail.

Thank you

Arizona Registrar of Contractors Legal Department 602-542-1525

Fill out AZ ROC’s survey to let us know how we’re doing and how we can better serve you! M m m

Received 4/05/2024 ROC Legal

EXHIBIT D Received 4/05/2024 ROC Legal

Hello Danielle,

Written amendments are required before any work is completed and that has not been Received 4/05/2024 ROC Legal

Thanks, Torres/Russ

Good morning Juliana!

On Tue, Mar 26, 2024 at 7:54 AM Danielle Henderson <[email redacted]> wrote: Received 4/05/2024 ROC Legal

Hi Juliana,

On Mon, Mar 25, 2024 at 6:32 PM Juliana Torres <[email redacted]> wrote:

Good Afternoon Danielle, Received 4/05/2024 ROC Legal

Thanks, Torres/Russ

Hi Juliana,

On Tue, Mar 19, 2024 at 7:51 AM Danielle Henderson <[email redacted]> wrote:

On Mon, Mar 18, 2024 at 7:24 PM Juliana Torres <[email redacted]> wrote: Received 4/05/2024 ROC Legal

Tomorrow will not work for us. We will get back to you as soon as we can on availability.

Thanks, Torres/Russ

Hi Juliana,

No worries on the length of the email, I will do my best to respond to all inquiries below.

Titan has, in our opinion, already expressed culpability for inaccurately and fraudulently funding this loan by sending us a check for the past due GoodLeap payments, up to a certain point. We have yet to cash said check, as we were hoping for full resolution not just the continuing string of band-aids that Titan has been using to obviously drag out project completion. The contract was signed 4- 26-22, the contract shows installation completed within 60 days and PTO not later than 270 days from contract signing, we are now at day 693. We have advised both Titan and GoodLeap by numerous phone calls, emails, certified letters and legal representation that we will not be paying on this loan, as our contract with Titan clearly states and Titan’s own sales rep verbally advised that funds would be due upon completion. This project is still far from completion, and we would like Titan to explain why it was funded in 2022. The project was funded in July 2022 when the install was complete, Goodleaps requirement is that when a project is installed, funding is applied for.

This morning, again, (for a total of three unannounced visits due to Titan within a two-week timeframe) technicians showed up from the roofing company to drop off materials. Why is there no text, no email, no call, no notice to the homeowners before sending people to site. The roofing company is also a separate entity from Titan, they should have called you to inform you so I apologize that they did not. Why did the roofing company show up today with the wrong color panel and accessories for our roof? Why is the roofing company being told to complete work when we were only advised last Thursday afternoon and have not agreed to the date? The roofing company should be communicating with you, I'm unsure if we're getting the run around but last we spoke to the roofing company they confirmed a date with you. Because they are a separate company, they told us they are communicating with you. We are going to call them to try and get information and based on your communication below we are holding off on roof work until main panel completion. James and I MUST be onsite to prevent further damage to the home. He is trying to find time off. If not here day one of install the panels would have had to be moved by Titan since they tried to drop them over a driveway. If here and advised of or knowing now watching like a hawk, the damage to the roof would have never been done. Any reasonable homeowner would not allow you back to site to continue to damage their home, however, we are simply asking to be told what is happening and fully expect quality work in compliance with the ROC. All contractors need to be licensed, bonded and insured and there should be experienced technicians doing this work. The roofing company has been to site several times to unsuccessfully complete a patch and to inspect the roof. Titan had to correct this roofing company's patch since it did not hold and now, they are showing up unannounced with the wrong color panel to try to put that on our Received 4/05/2024 ROC Legal

Respectfully, Torres/Russ

On Mon, Mar 18, 2024 at 10:32 AM Juliana Torres <[email redacted]> wrote:

Hello Danielle,

Titan has, in our opinion, already expressed culpability for inaccurately and fraudulently funding this loan by sending us a check for the past due GoodLeap payments, up to a certain point. We have yet to cash said check, as we were hoping for full resolution not just the continuing string of band-aids that Titan has been using to obviously drag out project completion. The contract was signed 4- 26-22, the contract shows installation completed within 60 days and PTO not later than 270 days from contract signing, we are now at day 693. We have advised both Titan and GoodLeap by numerous phone calls, emails, certified letters and legal representation that we will not be paying on this loan, as our contract with Titan clearly states and Titan’s own sales rep verbally advised that funds would be due upon completion. This project is still far from completion, and we would like Titan to explain why it was funded in 2022.

now this project is being rushed and Titan’s continual mistakes have made this drag on for almost two years.

While we are not escalated, we are extremely frustrated with being treated this way as not only returning customers, but customers who spent one hundred thousand dollars to receive top notch service. It is very apparent that Titan cannot complete the project as written, but Titan will still have to fix the damage to the home per the ROC. Item 5: This is not acceptable. We were explained to by several of your own top electrical techs that the way this is wired now, while “unsightly” is our best option unless we want to cause more potential issues with electrical down the road. Titan can remove the 400 amp box and replace our 200 amp box, then fix the roof that should have never been touched. Cost adjustment of course, since the 400 amp upgrade obviously cannot be completed as contracted. Item 6: The roof cannot be corrected until the main panel situation is resolved, we will also not allow mismatched panels to be placed on our property, silver on a dark metal almost black roof would severely diminish our home value. Item 7: The damage to the temporary fix is worsening and we have heard that we will make plans before, but Titan just sent three techs to site again with no fix, how many more times does it need to be viewed to actually make corrections? What corrections have been spoken about, if any? Item 8: As noted, we cannot continue with the roof until the main panel is rectified and we receive proper parts. Item 9: System testing requires a functioning system. Item 10: Again, this was scheduled already but your techs just looked at the work, will it actually be completed? What are Titan’s proposed plans? Item 12: The battery was sold as being able to power the system during outages, with APS not having the power to take it over. This was a false statement by Titan that resulted in us doing more research and now we are reading that the battery Received 4/05/2024 ROC Legal

Respectfully, Torres/Russ

From: Danielle Henderson <[email redacted]> Sent: Thursday, March 14, 2024 1:18 PM To: [email redacted] <[email redacted]> Subject: Solar Project - ROC Corrections

Hi Juliana,

Item 5: There is already a 200 amp panel that we were told served as a j-box. Received 4/05/2024 ROC Legal

Item 9: We agree to connection testing and will discuss options based on outcome.

Item 10: We agree to digging up and inspecting the conduit to start. - We can have a trenching crew dig up and inspect conduit if work is allowed.

-- Danielle Henderson Internal Operations Manager (AZ, CO & UT) O: 480-237-2375 C: 480-766-9063 [email redacted]

www.titansolarpower.com

-- Danielle Henderson Internal Operations Manager (AZ, CO & UT) O: 480-237-2375 C: 480-766-9063 [email redacted]

www.titansolarpower.com

-- Danielle Henderson Internal Operations Manager (AZ, CO & UT) O: 480-237-2375 C: 480-766-9063 [email redacted]

www.titansolarpower.com

-- Danielle Henderson Internal Operations Manager (AZ, CO & UT) O: 480-237-2375 C: 480-766-9063 [email redacted]

www.titansolarpower.com

-- Danielle Henderson Internal Operations Manager (AZ, CO & UT) O: 480-237-2375 C: 480-766-9063 [email redacted]

www.titansolarpower.com

Answers - AZROC <[email redacted]>

Russ v. Titan Solar Power AZ, Inc. Case No. 2023-01156 - Answer to Citation message

Kleiner, Andy <[email redacted]> Fri, Apr 5, 2024 at 3:27 PM To: "[email redacted]" <[email redacted]> Cc: "Maurer, Julie" <[email redacted]>, "McAlister, Marcy" <[email redacted]>

Ms. Matthews,

Husch Blackwell LLP has been retained to represent Titan Solar Power AZ, Inc. regarding the above referenced case. Julie Maurer and I are the attorneys representing Titan in this matter. Please direct all correspondence, notices, and requests for information to our attention. Attached hereto is Titan’s Answer to the Citation along with Exhibits A through D filed in support.

Please contact us if you have any questions.

Andy Kleiner

Senior Counsel

HUSCH BLACKWELL

2415 E. Camelback Road Suite 500 Phoenix, AZ 85016‑4288

Direct: 480-824-7885

Fax: 480-824-7905

[email redacted]

huschblackwell.com

Technology, Manufacturing & Transportation

International Trade & Supply Chain

Husch Blackwell is a different kind of law firm—structured around our clients’ industries and built on a culture of selfless service.

https://mail.google.com/mail/b/AEoRXRQS3HAqFvTjsPNxQaut4OPEWLoYMmXrYZQtuyYY1q32Gauy/u/0/?ik=581c53cf5c&view=pt&search=all&per… 1/2 Received 4/8/24, 8:05 AM State of Arizona Mail - Russ v. Titan Solar Power AZ, Inc. Case No. 2023-01156 - Answer to Citation 4/05/2024 ROC Legal Our 1000+ lawyers collaborate across the U.S. from more than 20 offices and our virtual office, The Link, to provide uncommon solutions to our clients’ most complex challenges.

Russ - Titan's Written Answer and Exhibits to Citation and Complaint AZ ROC Case No. 2023-01156.pdf 846K

https://mail.google.com/mail/b/AEoRXRQS3HAqFvTjsPNxQaut4OPEWLoYMmXrYZQtuyYY1q32Gauy/u/0/?ik=581c53cf5c&view=pt&search=all&per… 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