2023A-01461-CHC-ROC Notice of Hearing and Packet MAILED

2023A-01461-CHC-ROC · Registrar of Contractors · 2023-09-21

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Waylon Gates , Case No. 2023-01461 COMPLAINANT, Docket No. 2023A-01461-CHC-ROC v. NOTICE OF HEARING ON J&K Construction Builders LLC CONTESTED CASE License No. ROC 338887,

RESPONDENT.

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

HEARING INFORMATION

The hearing is set for:

November 7, 2023 1:00 PM Velva Moses-Thompson Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

If you have requested to appear in-person at the hearing, the hearing will

be held at 1740 W Adams Street, Phoenix, AZ 85007.

You must attend this hearing. This is an adversarial hearing before an administrative

law judge, and is conducted in a similar manner as judicial proceedings. Thus, you must be

prepared to present evidence, including witness testimony and documents, in support of your

case.

STATEMENT OF LEGAL AUTHORITY AND JURISDICTION The State of Arizona has determined that the licensing and regulation of construction

contractors is a proper state function, and has vested authority in the Registrar of Contractors

to administer Title 32, Chapter 10 of the Arizona Revised Statutes. A.R.S. §§ 32-1101 et seq.

All hearings for alleged violations of Title 32, Chapter 10 are conducted under Title 41,

Chapter 6, Article 10. A.R.S. § 32-1156.

The statutes and rules governing the hearing can be found at: Arizona Revised

Statutes §§ 41-1092 to -1092.12, and Arizona Administrative Code R2-19-101 to -122.

PARTICULAR ARIZONA STATUTES AND RULES INVOLVED The statutes and rules the Respondent is alleged to have violated are cited in the

complaint and citation, which were served on the Respondent on August 17, 2023.

SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED The complaint and citation allege that the Respondent committed the following act(s):

Charge: 1 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Charge: 2 A.R.S. § 32-1154(A)(22)

THE PARTIES TO THE ADMINISTRATIVE HEARING Because Respondent is a licensee and is charged with an act(s) or omission(s) that is cause for the suspension or revocation of a license, Respondent is a party to this case and will be a party to the hearing. Because Complainant alleged Respondent committed an act(s) or omission(s) that is cause for the suspension or revocation of a license, Complainant is a party to this case and will be a party to the hearing. Respondent and Complainant, as the parties to the hearing, will present evidence and argument to the administrative law judge. The Registrar’s assigned investigator will appear as a witness at the hearing.

RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney.

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

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

1156(B).

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

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

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

to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and

processes governing the administrative hearing. Copies of the statutes, rules, and articles

regarding the administrative hearing process can be found at https://www.azoah.com/.

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE The Registrar’s investigators, employees, and attorneys will appear at the hearing via video conference or telephone unless requested by a party to appear in-person. Requests for the Registrar’s investigators, employees, or attorneys to appear in-person must be filed with the Registrar and the Office of Administrative Hearings no later than seven (7) calendar days prior to the hearing date. HEARING PACKET In the interests of administrative efficiency, the Registrar compiles and discloses certain documents to the parties and the Office of Administrative Hearings. These documents are attached to this Notice of Hearing as the “Hearing Packet.” If any party wishes to submit additional evidence, they must do so during the hearing after completing a disclosure statement. See “Disclosure Statement” section below.

SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS The parties to the hearing must be prepared to present evidence in support of their case. If a party wants to obtain testimony from a witness or documents not in the party’s possession, the party must prepare and file a written subpoena for the Administrative Law Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com. The party seeking a subpoena must serve notice on all the parties to the hearing, and on the Registrar. A.R.S. § 41-1092.04. DISCLOSURE STATEMENT At least seven calendar days before the hearing, each party must prepare and serve a disclosure statement on all other parties, and file it with the Office of Administrative Hearings. A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the party will use at the hearing. A party’s failure to timely disclose any witness or exhibit, without good cause, may result in the administrative law judge excluding those witnesses or exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is available on the Registrar’s website at https://roc.az.gov/content/prehearing-disclosure- statement.

CHANGING THE HEARING DATE

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

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

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

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

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

assigned Administrative Law Judge may be found on the Office of Administrative Hearings’

web portal at www.azoah.com

If a party would like to move the date of the hearing without agreement of all parties, the party must file a written motion with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmit a copy to the Registrar and all other parties. The motion must state in detail good cause for why the date of the hearing should be advanced or delayed, and the position of all other parties regarding the advancement or delay. A party may also file a motion asserting a right to an expedited hearing upon a showing of extraordinary circumstances or the possibility of irreparable harm. A.R.S. § 41-1092.05(E).

RESOLUTION SHORT OF ADJUDICATION

In any case which is resolved or settled by the parties, or which is withdrawn by the

Complainant without objection from Respondent after the Notice of Hearing is issued, the

parties must notify the Office of Administrative Hearings of the resolution or settlement. Any

such cases will be listed on the Registrar’s website and its records under the category: “Closed

Complaints – Resolved/Settled/Withdrawn.”

Dated September 21, 2023.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail September 21, 2023 to: Respondent(s) J&K Construction Builders LLC 9028 W Whitton Ave Phoenix, AZ 85037 Complainant(s) Waylon Gates 3103 London Bridge Rd. Lake Havasu City, AZ 86404

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

Case No. 2023-01461 /

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

Jobsite Inspection Notes

Case No.: 2023-01461 Investigator: Cliff Corlett Inspection Date: June 13, 2023 Inspection Time: 1:30 PM

Complainant: Waylon Gates Respondent: J&K Construction Not Present: Builders LLC Not Present:

Jobsite General Notes:

Complaint Item: 1 - Countertops not built to specifications agreed to. Investigator’s Observation: At the onsite meeting it was disclosed that the Respondent was to fabricate and install the countertops. However with the exception of the stove countertop and backsplash the all the other materials / countertops were installed by the Complainants workmen. Once the Complainants workmen installed the countertop materials the Respondent was relieved of any responsibility for the materials, their installation nor any damage to the materials. The Respondent became strictly a fabricator at that point. The ROC does not license nor regulate fabricators. NO CONTRACTOR ACTION REQUIRED. Governing Rule:

Complaint Item: 2 - Countertop materials not used was not returned Investigator’s Observation: Respondent was delivering the excess material at the conclusion of the onsite meeting. NO CONTRACTOR ACTION REQUIRED. Governing Rule: 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19

Complaint Item: 3 - Countertops not installed. Investigator’s Observation: Per ARS 32-1155-D, 2: D. The registrar may not issue a citation for failure to perform work in a professional and workmanlike manner or in accordance with any applicable building codes and professional industry standards if either:

1. The contractor is not provided an opportunity to inspect the work within fifteen days after receiving a written notice from the registrar.

2. The contractor's work has been subject to neglect, modification or abnormal use. In this case the Complainant having the material installed by others is considered Modification and the statute applies. NO CONTRACTOR ACTION REQUIRED. Governing Rule:

Complaint Item: 4 - Countertops that were installed were not installed or correctly secured. Investigator’s Observation: Per ARS 32-1155-D, 2: D. The registrar may not issue a citation for failure to perform work in a professional and workmanlike manner or in accordance with any applicable building codes and professional industry standards if either:

1. The contractor is not provided an opportunity to inspect the work within fifteen days after receiving a written notice from 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

Complaint Item: 5 - Was promised a follow-up to address the problems and determine a solution. Not a single contact since that promise Investigator’s Observation: This is a statement and not a specific workmanship allegation. NO CONTRACTOR ACTION REQUIRED. Governing Rule:

Complaint Item: 6 - Backsplash sections behind the stove are mismatched and there is a crack in the material. Investigator’s Observation: There is a noticeable color variation between the backsplash panels and the joint is poorly made. Additionally there is a crack in the backsplash material just above the left rear corner of the stove. RESPONDNET SHOULD DETERMINE CAUSE AND CORRECT BY APPROPRIATE METHODS MATCHING THE SURROUNDING AREAS AS CLOSELY AS POSSIBLE. 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: Waylon Gates 3103 London Bridge Rd. Lake Havasu City, AZ 86404

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

Respondent: J&K Construction Builders LLC 9028 W Whitton Ave Phoenix, AZ 85037

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

February 13, 2023

Respondent: J&K Construction Builders LLC 9028 W Whitton Ave Phoenix, AZ 85037

Complainant: Waylon Gates 3103 London Bridge Rd. Lake Havasu City, AZ 86404

Jobsite Inspection Notice Re: Complaint Number 2023-01461

Dear Complainant and Respondent:

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

 A jobsite inspection is scheduled for February 24, 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.

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

RESPONDENT: 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. 5. ============================================================= 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, /s/ Cliff Corlett Cliff Corlett, Investigator #167 (928) 323-4739 [email redacted] 1700 W Washington St. Suite 105 Phoenix, Arizona 85007-2812

CC: file

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

A Guide to Jobsite Inspections

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C008 05/21 2023-01461 J & K Construction LLC JSI PHOTOS 1106 Cale Rosa Dr. Lake Havasu City, AZ

P-01

Stove backsplash. Mismatch color, poor seam work, crack over left corner of stove.

P-02 P-03

P-04 P-05

Sink island tops installed by C’s workmen.

P-06 P-07

P-08 P-09

Sink island corner damaged when still in garage. C’s workmen installed.

P-10 P-11

Peninsula countertop seam Approx 13-inches from wall. C’s shop drawing showed he wanted a 36- inch piece at this counter. C’s workmen installed.

P-12 P-13

P-14 P-15

P-16 P-17

P-18 P-19

Upstairs vanity top too small? No backsplash intended. C’s workmen installed.

P-20 P-21

Upstairs vanity top too small? No backsplash intended. C’s workmen installed. Complainant: Waylon Gates 3103 London Bridge Rd. Lake Havasu City, AZ 86404

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: J&K Construction Builders LLC 9028 W Whitton Ave Phoenix, AZ 85037

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 June 29, 2023

Respondent: J&K Construction Builders LLC 9028 W Whitton Ave Phoenix, AZ 85037

Complainant: Waylon Gates 3103 London Bridge Rd. Lake Havasu City, AZ 86404

License No. ROC 338887

Re:Complaint No. 2023-01461

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 or before July 21, 2023.

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

DIRECTIVE REQUIREMENTS You are directed to remedy the following violations by the appropriate means: This means the license is suspended for lack of qualifying party, lack of bond, nonrenewal, Recovery Fund payout, or for any reason listed in A.R.S. § 32-1124(F).

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Compliance Item: 6 - Backsplash sections behind stove are mismatched and there is a crack in the material. Investigator’s Observation: There is a noticeable color variation between the panels and the joint is poorly made. Additionally there is a crack in the backsplash material just above the left rear corner of the stove. RESPONDNET SHOULD DETERMINE CAUSE AND CORRECT BY APPROPRIATE METHODS MATCHING THE SURROUNDING AREAS AS CLOSELY AS POSSIBLE. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. ====================================================

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

Compliance Item: 1 - Countertops not built to specifications agreed to. Investigator’s Observation: At the onsite meeting it was disclosed that the Respondent was to fabricate and install the countertops. However with the exception of the stove countertop and backsplash the all the other materials / countertops were installed by the Complainants workmen. Once the Complainants workmen installed the countertop materials the Respondent was relieved of any responsibility for the materials, their installation nor any damage to the materials. The Respondent became strictly the fabricator at that point. The ROC does not license nor regulate fabricators. NO CONTRACTOR ACTION REQUIRED.

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: 2 - Countertop materials not used was not returned. Investigator’s Observation: Respondent was delivering the excess material at the conclusion of the onsite meeting. NO CONTRACTOR ACTION REQUIRED.

Compliance Item: 3 - Countertops not installed. Investigator’s Observation: The countertops have been installed by the Complainant’s workmen. Per ARS 32-1155-D, 2: D. The registrar may not issue a citation for failure to perform work in a professional and workmanlike manner or in accordance with any applicable building codes and professional industry standards if either:

1. The contractor is not provided an opportunity to inspect the work within fifteen days after receiving a written notice from the registrar.

Compliance Item: 4 - Countertops that were installed were not installed correctly secured. Investigator’s Observation: The countertops have been installed by the Complainant’s workmen.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Per ARS 32-1155-D, 2: D. The registrar may not issue a citation for failure to perform work in a professional and workmanlike manner or in accordance with any applicable building codes and professional industry standards if either:

1. The contractor is not provided an opportunity to inspect the work within fifteen days after receiving a written notice from the registrar.

Compliance Item: 5 - Was promised a follow-up to address the problems and determine a solution. Not a single contact since that promise. Investigator’s Observation: This is a statement and not a specific workmanship allegation. NO CONTRACTOR ACTION REQUIRED.

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

Sincerely,

/s/ Cliff Corlett Cliff Corlett, Investigator #167 928 323-4739 [email redacted] 1700 W Washington St. Suite 105 Phoenix, Arizona 85007-2812

CC: file

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: Waylon Gates 3103 London Bridge Rd. Lake Havasu City, AZ 86404

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Respondent: J&K Construction Builders LLC 9028 W Whitton Ave Phoenix, AZ 85037

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 August 15, 2023

Respondent: J&K Construction Builders LLC 9028 W Whitton Ave Phoenix, AZ 85037

Complainant: Waylon Gates 3103 London Bridge Rd. Lake Havasu City, AZ 86404

Case No.: 2023-01461 Investigator: Cliff Corlett Inspection Date: August 15, 2023 Inspection Time:

Compliance Jobsite General Notes: On June 29, 2023 the Registrar of Contractors issued a Written Directive for case 2023-01461. That directive instructed the Respondent to properly correct the mismatched and cracked wall panels behind the stove top countertop. That directive had a compliance due date of July 21, 2023. As of August 15, 2023 that work, although in progress, is not completed.

Compliance Findings: RESPONDENT IS NOT IN COMPLIANCE.

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

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

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 /S/ Cliff Corlett Cliff Corlett, Investigator #167 928 323-4739 [email redacted] 1700 W Washington St. Suite 105 Phoenix, Arizona 85007-2812

CC: FILE

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

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

Waylon Gates, Case No. 2023-01461 COMPLAINANT, v. J&K Construction Builders LLC CITATION License No. ROC 338887, RESPONDENT.

The Registrar issues this Citation to J&K Construction Builders LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by September 1, 2023, then under A.R.S. § 32-1155(C), Respondent’s failure to answer may be deemed an admission of the act or acts charged in the underlying complaint, and the Registrar may then suspend or revoke Respondent’s license(s). THE WRITTEN COMPLAINT On February 6, 2023, Waylon Gates (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating: Charge :1 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. of 5

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Charge :2 A.R.S. § 32-1154(A)(22) Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a reasonable period of time after receiving a written directive from the Registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held. If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F). FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2023-01461. 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. of 5

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 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 September 1, 2023. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after of 5

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated August 17, 2023. of 5

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 By: /s/ Erin Johnson Erin Johnson Legal Assistant II Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, August 17, 2023 to:

Respondent Certified Mail No: [number redacted]

J&K Construction Builders LLC 9028 W. Whitton Ave. Phoenix, AZ 85037 Copy mailed by USPS First Class mail this same date to: J&K Construction Builders LLC 9028 W. Whitton Ave. Phoenix, AZ 85037 Complainant Waylon Gates 3103 London Bridge Rd. Lake Havasu City, AZ 86404 Copy sent electronically this same date to: Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar Case No. 2023-01461 / EJ

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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)

Waylon Gates Mailing Address (Enter jobsite in Contract/Project section) City State Zip

3103 London Bridge Rd. Lake Havasu City Arizona 86404 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)

J&K Construction Builders LLC ROC 338887 Street Address City State Zip

9028 W Whitton Ave PHOENIX AZ 85037 Phone Number Email

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

Edwin Medrano Contract/Project Information Contract Date Contract Amount Amount Paid

November 7, 2022 $11,500.00 $4,000.00 Date Work Started Date Work Stopped Date Work Was Completed

November 12, 2022 December 14, 2022 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

1016 Cala Rosa Dr Lake Havasu City AZ 86403 Name of Construction Site Owner Construction Site Name (if applicable)

Phone Number of Construction Site Owner Email of Construction Site Owner

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

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

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

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

countertops not built to the specifications agreed to; Countertop material that was not used in building the countertops not returned (missing raw material); countertops not installed; countertops that were installed were not installed correctly, securely; was promised a follow-up to address the problems and determine a solution, not a single contact since that promise.

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

Waylon Gates \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 Statement describing the agreement for work to be completed.

• The reason a written contract is not being provided (e.g. the contractor did not provide a written contract, the contract is lost, the contract was destroyed);

There was not a formally written contract, however the agreement was well documented and agreed upon by both parties and the speci cs of that agreement are shown in texts and emails.

• A description of any written documents used to describe the contract, e.g. bids, proposals, invoices, receipts. (If you have copies of any of these documents, please provide them with the Complaint Form.);

Text messages and emailed speci cations.

• A description of the work to be performed under the contract (including any addenda or change orders);

Fabricate kitchen countertops out of quartz, fabricate kitchen backsplash out of quartz, fabricate multiple countertops for vanities, and misc areas of the house. Install all fabricated pieces and deliver the remnant material.

• The names of the people who negotiated the contract;

Joan Flores

• The agreed upon payment schedule;

$4000.00 deposit and balance paid upon completion of installation.

• An explanation of who was to receive payment;

The payment was going to a bank account at Wells Fargo, presumably controlled by Joan Flores

• The date the work was to be completed; and

By or just after Thanksgiving 2022

• For new homes provide a copy of the Purchase Agreement.

NA fi fi - Joan Flores (grey) - Waylon Gates (blue)

My fabricator will stop by today around 4:00pm Ok Monday, Oct 10 · 1:29 PM Can you share my email with your granite guy so that he can send me the layout to approve? [email redacted]

Ok Thanks Wednesday, Oct 12 · 6:30 AM I haven't received anything. I want to make sure we keep on track.

I'll check with fabricator and get back to you If you want me to talk directly with him I can, I just don't know his name or have a number. Wednesday, Oct 12 · 10:28 AM

He said he'll send you the layout today Great. Thank you Thursday, Oct 13 · 3:30 PM My fabricator was saying that he sent them last night but not sure if you received them

Let me know if those are the correct measurements I didn't get the email. I will verify Monday, Oct 17 · 11:25 AM

Good morning, will you be able to verify the measurements ? Yes, sorry, I can by the end of today

Sounds good Tuesday, Oct 18 · 8:55 AM I got all of the countertops measured. And a number of them seemed wrong. I am going to put together a list. Where should I send it? I was going to draw it on the computer a little more exactly to help make it clear. Some of the measurements I think were big to cut to t onsite, but some were too small.

Ok, can you send it to my email [email redacted]

Monday, Oct 24 · 11:03 AM Johan, I know it is very late, but I sent over the dimensions for the countertops this morning.

I received them, I'll take a look and give you an estimate Monday, Oct 31 · 4:25 PM

Hi, the Estimate for Fabrication and installation cost (labor ) will be $11,500 fi Friday, Nov 4 · 7:21 AM Ok. Great. How many slabs do we need and do we buy them or do you guys buy them? Also, who is responsible in the event that a slab or countertop is damaged during the fabrication or installation? Friday, Nov 4 · 8:48 AM

I'll Double check the measurements and let you know how many slabs we will need.

You can buy them or you can send me the information of the slab you want and we can purchase them and we just add the cost to the bill.

We're responsible For any damages to the countertops only during fabrication or installation

Ok Monday, Nov 7 · 1:08 PM We are nally ready to get the countertops, so please let me know when you guys are ready.

Ok, I'll talk to my Fabricator and let you know Thanks Monday, Nov 7 · 2:38 PM

Can you give me a call when you get a chance I have a couple questions Is now good?

Yes Tuesday, Nov 8 · 1:53 PM Yo hun I went over the email that I sent you and the color from the sample that we have at our house and the color that I put on there was wrong I said pure white but it's actually perfect White. fi Also want to make sure you received the email

Ok, I'll get you a quote with perfect white instead. I did get your email We'll need 5 slabs of the perfect white and 2 of the concrete Matt Okay great perfect white and pure white should be the same price we just need to make sure we get the right one Also with only using ve pieces of the white do we only end up with the seam in the peninsula piece Tuesday, Nov 8 · 2:58 PM

I'll double check and con rm Wednesday, Nov 9 · 12:50 PM Hi Johan, just following up. I also wanted to see what the schedule could be?

I'll let you know in a few minutes

$4,900 (5 slabs 2cm Perfect White) $2,790 (2 slabs 2cm wet concrete Matte)

I'll con rm about the installation this weekend Ok, great that price is good. Wednesday, Nov 9 · 4:04 PM

We have this remnants Ti any wants a solid color.

Ok Thursday, Nov 10 · 7:52 AM Good morning Johan, did you gure out the schedule with the fabricator / installer? Thursday, Nov 10 · 9:49 AM ff fi fi fi fi Good morning, I'm thinking before thanksgiving day but I'm just waiting for Edwin confirmation Ok. Tiffany would vert much like it if we can get the kitchen installed before Thanksgiving Thursday, Nov 10 · 2:56 PM

We will get the Slabs today from Aracruz and have them deliver tomorrow and my fabricator will work on the kitchen next week and we're hoping to have it ready to install before thanksgiving .

Can you transfer money to Zelle ?

Trough Zelle Still can't use zelle. Can i give you a card? How much do you need and how sure are you of prior to Thanksgiving?

I don't take cards, can you do wire transfer ?

If we get the slabs this weekend we can make it happen otherwise it won't be enough time I could wire. How much?

$7,690 for all the slabs Send me the details

Az Tile and Granite LLC

Wire transfer [number redacted] [account number redacted] Ok I need the company address and the bank name and address to do a wire

Wells Fargo Ok great, and I have your business address from the previous invoice I'll go by the bank in the morning and send it out Friday, Nov 11 · 10:52 AM Johan, big problem, the banks aren't open today. I forgot its a holiday Friday, Nov 11 · 12:09 PM

Order is ready, I also sent you an email

Ask for : Anna Garcia

Aracruz RE

Order # 76864

Ok. Friday, Nov 11 · 3:55 PM Its paid They should send you a receipt

Ok Saturday, Nov 12 · 11:03 AM Johan I didn't hear back on what the plan is for the seam in the peninsula piece. Also I am thinking that there is enough extra white that we could add a couple pieces for our outdoor Area. A 26x66 and a 26 x 21. Saturday, Nov 12 · 12:40 PM

Hi, it'll be a seam let me know if you prefer it by the center or one side of the peninsula

Can you send me a drawing with those measurements and I'll have them cut them Tuesday, Nov 15 · 8:50 AM Hi Johan, Just checking in to make sure you received my email over the weekend. Also, please let me know as the schedule comes together for the installation. Good morning, yes and I shared it with Edwin he will call you if he has any questions. we're going start the fabrication today. I'll keep you posted

We will need a deposit of $4,000 Can you send it when you get a chance. Sounds good and yes Wednesday, Nov 16 · 12:58 PM Are you ok with me depositing the money directly into your account at wells fargo?

Yes Ok, should be there in the next hour What do you think about this remnant

It's really hard to tell from the picture but it looks too peachy Thanks, I'll let you know as soon as I receive them

Received it Great! Friday, Nov 18 · 7:32 AM Good morning Johan, checking in to see if you guys have a schedule in mind yet? Friday, Nov 18 · 9:32 AM

Good morning, we're thinking Tuesday but I'll keep you posted Ok Friday, Nov 18 · 11:43 AM If there is any chance of it happening sooner we would be very grateful. Monday, Nov 21 · 4:18 PM Hi Johan. Just checking in to see if you have any updates on the schedule for me? Monday, Nov 21 · 6:22 PM

Not yet but I'll let you know tomorrow Ok. Do you think before Thursday? Monday, Nov 21 · 7:34 PM

I'll have Edwin con rm with you Ok, have you guys had any conversations about it? Just trying to get an idea. I appreciate everything either way. We just have a mess and 17 people coming for Thanksgiving so I am trying to gure out if I should be working on plan B. Not your fault in any way that we aren't ready, but you could help a ton. Monday, Dec 19 · 11:09 AM Good morning Johan, I hope you had a great weekend. We decided that we will just nd someone here to complete these quartz tops. How would you like to handle the money and the remnants that should still be at the shop? Monday, Dec 19 · 12:48 PM

Thanks hope you too. fi fi fi Let me nd out how many pieces are left and talk to Edwin about the money and I'll get back to you Tuesday, Dec 20 · 7:10 PM Hi Johan, have you been able to get anything gured out? I have found that we will likely need to replace a portion of the countertops that were cut wrong, damaged, or awed from the factory. As it turns out all of the miter cuts for the waterfalls are out about 1/16 per foot causing the countertops to not be square.

Not yet but I'll have an answer tomorrow.

Wow, I'll talk to Edwin about that Thursday, Dec 22 · 10:01 AM Good morning Johan, I have found that we are going to need 2 Slabs of the white to x the damaged material and the items that were cut wrong. This is just making it work, truly almost every piece was cut as speci ed. I am pretty comfortable agreeing to accept $6000 and moving on if we can get this resolved this week. To clarify it would be $6000 and the remnant material. Thursday, Dec 22 · 2:43 PM fi fi fl fi fi Johan I just sent you an email. Here are some pictures of the crack and other damage. Also here is the way the two pieces that were installed were glued down. Those were taken the day after. No adhesion. Thursday, Dec 22 · 7:07 PM

I did not receive the pictures or measurements You didn't receive the photos here on the texts that I sent?

(pictures above sent again)

Can you resend them

(pictures above sent again) [email redacted]?

I found the email Ok great, I just sent you a handful more. Friday, Dec 23 · 9:33 AM Good morning Johan, please let me know after you have talked with Edwin. I am looking to get this resolved quickly.

I'm meeting with him this afternoon and he will be contacting you Ok, thank you. I hope it is well understood that after today I am not agreeing to settle for any less than being made 100% whole. Seems like by this afternoon it is going to be hard to ensure the remnants are in good order and get reimbursed. Friday, Dec 23 · 7:36 PM Johan, Just wanted to let you know that I haven't heard from Edwin.

I'll call him right now

He will be sending you an email soon

It appears that Edwin has a suspended license with the ROC. He was/is a part of Unique Stone Works. Which had a complaint which causes them to get their license suspended. Thank you for reaching out to him for me. Hopefully everything can get resolved. Saturday · 10:04 AM Johan, just an FYI, I haven't heard from Edwin. Hope you and your family have a great Christmas. Sunday · 3:45 PM

Merry Christmas! He should have responded but let me know if he doesn't Monday · 3:51 PM No word from Edwin. He doesn't seem interested in resolving this, based on him not taking any steps in the right direction.

Let me talk to him Hi this is edwin granite fabricator i have been speaking with johan in regards scheduling i am aware you asked if we can do before Thanksgiving and believe me i am.trying my hardest the material just got to.me last tuesday and i began cutting.wednesday i should be done with most tomorrow the hard part is i am.having trouble. nding guys to.work with me on Wednesday or even Thursday as everyone has plans with family my best bet would be friday and saturday but i am still trying to. nd people to go with me even if its Thursday i would go.muself .I really apologize but it was short notice when i got.the approval and material.then johan asked if i can do before Thanksgiving and i replied i will try my best but didnt guarantee ..i hope you can understand and hope this isnt a issue that makes you guys upset. again my apologies as i dont have a de nite answer but still trying

Edwin. I completely understand. If there is anyway that we could get just the countertops of the kitchen tomorrow or Wednesday it would be great . I have 4 guys here that could help. The other parts aren't critical.

I am not upset with you at all. I am just trying to nd a way to make my wife very happy. You absolutely had very short notice.

If you were to be able to do just the main kitchen countertops, no backsplash and no other parts (unless you have them ready) it would be huge for us.

Tuesday, Nov 22 · 8:32 AM Good morning Edwin, I don't know if anything that I o ered helped, but I wanted to see what your thoughts are about getting just the kitchen countertops ASAP? I have guys that can help here. Tuesday, Nov 22 · 11:30 AM I really need a schedule to know what I need to do on my end. Tuesday, Nov 22 · 3:48 PM

Sorry but i am not going to.make it before Thursday Ok, thank you for letting me know. I will let you know when we are ready for everything. fi fi ff fi fi I am very unhappy about the communication regarding this. Now I am at last minute going to get temporary countertops for Thanksgiving day.

I completely understand i myself have been cutting and fabricating that is y i didn't answer

Just wish I would have known. Have a good Thanksgiving.

Thank you i hope you have a great Thanksgiving aswell ..after Thanksgiving let me know what days work for you so i can make sure i am ready for you

Wednesday, Nov 23 · 3:39 PM

Sorry to bother but did you want splash on the peninsula of any kind? And the bathrooms laundry pantry?

Upstairs bathrooms neither? Only the one kitchen wall

Got it Tuesday, Nov 29 · 10:52 AM

Hello can i ask for a favor would you send me a picture of the sink for your master baths i want to makensure inhave right one and also i had left the template for upstairs bar in the master bathroom can younsend me a picture of that also if not the actual sink please Other than sinks job is pretty much done anybodea when younwould like me to install

You probably should plan on cutting the sinks on site so that they're exactly where they need to be cuz the one wall is going to need to be cut a little bit to match the variation of the angle in the wall Without there being backsplashes the granite needs to be really tight to the wall so we don't have any wiggle room

I found my measurements for master

The bathrooms sinks have a lop so it wont be an issue

If needed i will cut master bed sinknout on site i have a measurement for 15.5/20

Lip*

All of the sinks need to be exactly in the center of the cabinet and then on the end against the wall there is not a lot of play and it's going to have to be trimmed to t perfectly that's my concern

Ok ill cut onsite

Any idea when you would like mento.come out

I'm trying to coordinate when the cabinet guy can replace the one panel that's damaged that will go behind a piece of quartz in the kitchen as soon as I know that I'll let you know hopefully very soon Texting with Edwin (SMS/MMS)

Ok sounds good let me know so i can plan it out

Chatting with Edwin fi 👍 Thursday, Dec 1 · 4:31 PM

Hi any update? None yet. We could install partial. The piece to the right of the range and the backsplash on that same side can't go in yet. I would probably prefer to wait. Unless you wanted to just break the whole install into two trips. Maybe that is what you were planning anyway?

Well we havent chosen what material for the upstairs bath so i guess we can do.2 trips

Thursday, Dec 1 · 7:48 PM Whatever is good for you. Monday, Dec 5 · 2:05 PM

Would it be ok with you if.i come.on Wednesday to install ? Monday, Dec 5 · 3:15 PM A portion of it yes

Everything except backsplash and where the panel.needs to go in right Yes But you could also plan to just do whatever would be a full days worth.

Yea thats what i am thinking Okay Tuesday, Dec 6 · 2:09 PM

Hi would you mind if i plan install better for saturday that way if i dont nish i can get a room out there and nish up everything that we can on sunday if needed

Tuesday, Dec 6 · 3:13 PM fi fi Well, it seems that you will need to come back either way. But whatever is good for you is ne for me. Just thinking that you can probably plan two one day trips. Just let me know which day works best for you. Tuesday, Dec 6 · 5:33 PM

Ok Saturday will be alot better Okay fi Thursday, Dec 8 · 1:12 PM

For the upstairs bath top?

(picture of granite sample)

No Friday, Dec 9 · 10:34 AM Con rming that you are coming on Saturday. What time do you think you will be here? Friday, Dec 9 · 4:40 PM

Going to need to reschedule for next week truck got broken into last night and stole most of my tools i already purchased some today but i ordered some speci c tools that will arrive tuesday i can go in the weekday also but weekend works better i already had a hotel to stay but need to cancel can we move to next week?

Thats all your tops already loaded Hey do you think next week will be best for you

Yea i really needed to get this done so i can have some.income but i didnt plan on this happening What day next week is best for you?

If we can do Saturday would be good that way i can drive out there friday which is what i had planned for this week does that work for you Saturday, Dec 10 · 12:52 PM We need to plan to do it during the week. Weekends for us aren't available for a while. Monday, Dec 12 · 9:18 AM What do you plan the schedule to be? Tuesday, Dec 13 · 8:01 AM Edwin, I need an update please. Tuesday, Dec 13 · 1:02 PM

If weekends aren't good i can do Tuesday Wednesday next week fi fi Really. That is the soonest? Essentially one month late. Is there anyway that you can do it sooner? You told my wife that it would be 10 to 14 days max to get everything installed.

Im making some adjustments i think i can come tomorrow would that be ok? Yes I would really appreciate that. Tuesday, Dec 13 · 3:48 PM

Ok i should be there by 8 9am tomorrow Tuesday, Dec 13 · 5:21 PM Great! See you then Wednesday, Dec 14 · 8:49 AM What is your ETA? Wednesday, Dec 14 · 10:40 AM

min Okay I had to leave I won't be able to meet you for probably about 1 hour

Am i able to get in?

To start working

? Wednesday, Dec 14 · 12:23 PM mins away

What was code again? 5850 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Waylon Gates, Case No. 2023-01461 COMPLAINANT, v. J&K Construction Builders LLC, ORDER DENYING REQUEST TO License No. ROC 338887, DISMISS RESPONDENT.

BACKGROUND On August 17, 2023 the Registrar issued a citation against Respondent’s License No. ROC 338887. Respondent filed its Answer on August 28, 2023 The Answer included a request to dismiss the citation or set a settlement conference. ORDER IT IS ORDERED that Respondent’s request to dismiss is DENIED. The issues underlying the Citation and Complaint are best suited for presentation before the Office of Administrative Hearings. Respondent is free to raise the arguments and defenses presented in its request to dismiss before the administrative law judge. A Notice of Hearing will be issued in due course and a Settlement Conference has been set for September 12, 2023 at 10:00 a.m. Dated September 11, 2023. By: /s/ Margaret Lindsey _________ Margaret Lindsey Assistant General Counsel Legal Department Arizona Registrar of Contractors

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg127 5/21 Copy mailed via USPS First Class mail on September 11, 2023 to: Respondent J&K Construction Builders LLC 9028 W Whitton Ave Phoenix, AZ 85037 Complainant Waylon Gates 3103 London Bridge Rd. Lake Havasu City, AZ 86404 Copy sent electronically this same date to: Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar Case No. 2023-01461/du

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

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

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

v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.

REQUEST

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

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

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

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

_____________________________________ _______________________ Respondent (or representative) Date

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

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

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

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

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

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

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

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

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

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

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

Exhibit Exhibit Name

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

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

Print Name Signature Date

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