2023A-02672-CHC-ROC Notice of Hearing and Packet MAILED

2023A-02672-CHC-ROC · Registrar of Contractors · 2024-02-27

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Jessica L Knapp , Case No. 2023-02672 COMPLAINANT, Docket No. 2023A-02672-CHC-ROC v. NOTICE OF HEARING ON CONTESTED CASE Duffy Construction LLC License No. ROC 108017,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

April 10, 2024 1:00 PM Velva Moses-Thompson Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

If you have requested to appear in-person at the hearing, the hearing will be held at 1740 W Adams Street, Phoenix, AZ 85007.

You must attend this hearing. This is an adversarial hearing before an administrative law judge, and is conducted in a similar manner as judicial proceedings. Thus, you must be prepared to present evidence, including witness testimony and documents, in support of your case.

STATEMENT OF LEGAL AUTHORITY AND JURISDICTION The State of Arizona has determined that the licensing and regulation of construction contractors is a proper state function, and has vested authority in the Registrar of Contractors

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

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

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

The statutes and rules governing the hearing can be found at: Arizona Revised Statutes §§ 41-1092 to -1092.12, and Arizona Administrative Code R2-19-101 to -122. PARTICULAR ARIZONA STATUTES AND RULES INVOLVED The statutes and rules the Respondent is alleged to have violated are cited in the complaint and citation, which were served on the Respondent on January 2, 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)(b)

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 February 28, 2024.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail February 28, 2024 to: Respondent(s) Duffy Construction LLC 4698 S Placita Dos Pajaritos Tucson, AZ 85730

Jeffrey T. Brei Esq 4574 N 1st Ave Ste 150 Tucson, AZ 85718

Complainant(s) Jessica L Knapp 2581 W Drachman Street Tucson, AZ 85745

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. 2023-02672 /

Katie Hobbs, Governor Martin Quezada, Director

Hearing Packet FAQ What is the Hearing Packet?

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

Who gets the Hearing Packet?

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

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

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

What is in the Hearing Packet?

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

● Original complaint;

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

Katie Hobbs, Governor Martin Quezada, Director

● Citation; and ● Answer.

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

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

What if there are documents missing from the Hearing Packet?

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

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

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

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

Katie Hobbs, Governor Martin Quezada, Director

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

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

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

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

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

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

Katie Hobbs, Governor Martín Quezada, Director

Complainant: Jessica Knapp 3742 W Estate Hills Pl Tucson, AZ 85745

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: Duffy Construction LLC 4698 S Placita Dos Pajaritos Tucson, AZ 85730

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

March 24, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-02672

Dear Complainant and Respondent:

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

A jobsite inspections are scheduled for April 24, 2023 and April 25, 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 Martín Quezada, Director

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

Sincerely, Gregory Johndrow Gregory Johndrow, Investigator #195 (520) 628-6896 [email redacted] 1700 W. Washington St., Ste. 105 Phoenix, Arizona 85007

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 4/11/23, 2:43 PM State of Arizona Mail - Ammending AZ ROC Case 2023-02672

Gregory Johndrow <[email redacted]>

Ammending AZ ROC Case 2023-02672 Jessica Knapp <[email redacted]> Mon, Apr 10, 2023 at 11:18 AM To: Gregory Johndrow <[email redacted]>

Hi Gregory:

Please add the additional information to the Knapp AZ ROC Case 2023-02672

1. The cabinet which holds the oven is separating from the backing and coming off the wall. 2. There is cracking in the grout of the guest bathroom shower 3. The electrical outlet on the south side of the exterior of the garage is not working.

Thank you Jessica Knapp

https://mail.google.com/mail/u/0/?ik=27cddfbaec&view=pt&search=all&permmsgid=msg-f:[number redacted]&simpl=msg-f:[number redacted] 1/1 Katie Hobbs, Governor Martín Quezada, Director

Complainant: Jessica Knapp 3742 W Estate Hills Pl Tucson, AZ 85745

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: Duffy Construction LLC 4698 S Placita Dos Pajaritos Tucson, AZ 85730

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 19, 2023

License No. ROC 108017

Re: Complaint No. 2023-02672

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 June 13, 2023.

RESTRICTIONS • You may not perform or hire other contractors to perform work that is outside the scope of your license. • If your license is currently suspended for administrative reasons 1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.

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

Complaint Item 2: “There is a flue vent cap missing on the flat roof as well as a loose/damaged flue vent cap on the metal roof” Investigator’s Observations: Verified. Conditions described were observed and the Respondent’s HVAC contractor stated the necessary correction would be performed. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 4: “The interior stair railing is loose and has not been painted” Investigator’s Observations: Verified. The interior stair rail is loose and requires corrective action. The stair rail has been painted. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

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

Complaint Item 5: “The deck/balcony is not sloped so water ponds and it is so slick it is a slip hazard, the deck needs to be sloped the required amount and a non-slip coating should be applied. There is also bunching and lifted sections of the” Investigator’s Observations: Verified. The low slope of the deck was observed to have a negative fall along the drip edge creating ponding issues exceeding the 3/16” allowable tolerance and requires correction. No supporting documentation was submitted to verify the use of a non-slip coating agreement between parties and no bunching or lifted sections were observed. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner. Complaint Item 10: “The balcony railings are loose and need to be tightened or better secured for safety” Investigator’s Observations: Verified. Several sections of the balcony railing were observed to be loose. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 11: “We have asked the builder to repair the loose and cracking stucco on the exterior of the home as well as touch up the paint. (Cracked and loose stucco can be found on the corners, around doors, in front of the garage, along the balcony and on the sides of the house near the foundation.” Investigator’s Observations: Verified. The complainant pointed out and showed the described conditions on several corner locations of the back patio deck area, at the base of the wall next to the door leading into the kitchen, the north side wall inside the dog pen and on the south side garage wall. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 14: “The east wall ledger beam was observed to be missing hardware and improperly attached to the building.” Investigator’s Observations: Verified. One wall ledger in the basement was observed to be missing a washer and nut. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 18: “Exterior weep flashing is not installed correctly, there are gaps between the foundation and the weep flashing area. Wall weep flashing is also improperly installed with blocked weep holes in several areas especially the garage columns and front entry.” Investigator’s Observations: Verified. The complainant pointed out one section of the blocked weep screed on the S.E. corner of the garage, where the wall meets the concrete slab. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 20: “The light fixture in the dining room is falling out of the ceiling.” Investigator’s Observations: Verified. The fixture is no longer set flush against the ceiling. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform 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

Complaint Item 24: “Cracking, separations and soft sections of the parapet walls were found, we would like these to be repaired and sealed.” Investigator’s Observations: Verified. The top of the parapet walls were observed to have cracks in excess of the acceptable 1/16” tolerance. No soft spots were noted. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 25: “Kitchen sink drain stops are inoperable, the kitchen sink drains need to be installed correctly” Investigator’s Observations: Verified. The basket strainer and drain stopper supplied with the sink were not installed. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 26: “Dishwasher drain line is without an air gap or high loop attachment, it needs to be repaired” Investigator’s Observations: Verified. The dishwasher drain line was installed without an air gap or high loop. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 31: “There is damaged, cracked and missing grout in the master bath floor and missing grout in the laundry room floor.” Investigator’s Observations: Verified. A small section of missing grout was observed in the laundry room in front of the washer and dryer. No conditions were identified on the master bath floor. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 37: “There are walls and ceilings that need caulking and paint touch-up (or in the case of the stairwell are not painted at all with anything but primer). The bottom of the hallway closet also hasn't been painted it is exposed drywall.” Investigator’s Observations: Verified. The wall at the base of the stairwell has a sheen variation and the hallway closet floor was not painted. These areas require corrective work. Interior caulking is the owners maintenance after the first year of occupancy Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 41: “There are loose tiles both on the master bath shower floor and wall.” Investigator’s Observations: Verified. Loose tile was observed on the top of the shower curb and on the wall next to the curb. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform 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

Complaint Item 42: “cracked grout is in the master bath shower and guest room shower, mold is visibly growing out of the master bath floor.” Investigator’s Observations: Verified. Cracks were observed on the inside corners of the master shower, along the top of the tub deck next to the shower and on the inside corners of the guest room shower. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 44: “The shower doors don't function properly due to the cracked grout, the hinges will need to be repaired” Investigator’s Observations: Verified. The shower door was observed to have abnormal noise during the swinging movement in the door operation. The door was also observed to have been poorly fitted in the opening with unequal reveals. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 48: “The side weather stripping on the garage door is not properly attached” Investigator’s Observations: Verified. The weather stripping around the garage doors was observed to be improperly secured in two locations. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 56: “The fire control system head is missing in the front porch and rear porch areas” Investigator’s Observations: Verified. The sprinkler head dust cover has not been removed on the front porch and there is no escutcheon in place. The complainant was unable to identify the condition on the rear porch. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 61: “The base of the furnace is not sealed from the basement. The return airbox should be sealed” Investigator’s Observations: Verified. Both furnace units in the basement were observed to have missing or lack of proper caulking around the base of the unit. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform 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

Complaint Item 69c: “Rear – finish the grade Step off the stairs needs to be shorter Cover 1st septic tank Cut black pipes to grade Paint stairs Remove paint from east semi-circular window Remove rebar sticking out from dog porch” Investigator’s Observations: Verified. A piece of rebar is sticking out from the slab on the dog porch. All other items do not require any corrective action. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 69d: “Walk Deck – door lock plate Plugs in door around window” Investigator’s Observations: Verified. A finish nail was installed through the bored hole for the deadbolt on the door jamb. All other items do not require any corrective action. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 69f: “Garage – Remove trash Door lock plate for exterior garage door Replace handle to matching handle shape Door sweep on interior garage door. Hot water return system needs to be activated” Investigator’s Observations: Verified. The deadbolt is misaligned and does not latch. All other items do not require any corrective action. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 69g: “Dog Room – Install lock on interior door, change door handle Paint peeling off exterior door, missing plugs over one screw Door doesn’t close completely (foam/debris in bolt hole) Closet door slide? Dog door information ” Investigator’s Observations: Verified. A section of the door just below the window is missing paint and a plug to cover the fastener is missing on the window frame installed on the door. All other items do not require any corrective action. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform 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

Complaint Item 69h: “Kitchen Door stop installed Under cabinet lighting is falling down, or held up by painter’s tape. Under cabinet needs to be caulked and touched up Pantry needs door stop installed Finish closet bottom over return. Phone jack terminated with wall plate Caulk and paint underneath the granite on the island (including north end hole)” Investigator’s Observations: Verified. The under cabinet lighting is hanging from the cabinet and requires correction. All other items do not require any corrective action. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 69k: “Stairs Railing painted/or touched up (it is also loose) Resolve unknown light switches ” Investigator’s Observations: Verified. Hand railing is loose. All other items have been corrected. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 69l: “Master Bedroom Terminate phone jack and ethernet with wall plate Plugs in the French door to porch Hole in alcove near tub Tub Caulked Crooked light fixture on left over counter top Shower glass (to be coordinated after granite is complete) Tub faucet handle set screw” Investigator’s Observations: Verified. Cracking of the grout around the tub deck was observed. All other items have been corrected. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 69m: “Laundry Room Missing screw on switch plate Missing grout Caulking needed ” Investigator’s Observations: Verified. Missing floor grout was observed in front of the washer and dryer. All other items do not require any corrective action. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform 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

Complaint Item 70: “The walls in the stairwell are only half painted -- the roller strokes can be seen in the light and there is a sheen difference between sections, we would like the stairwell painted with paint not just primer with a consistent sheen throughout.” Investigator’s Observations: Verified. Duplicate item. A variation of paint sheen appearance was noted in the lower half of the staircase. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 73: “There is cracking in the grout of the guest bathroom shower” Investigator’s Observations: Verified. Duplicate / Item was previously addressed. Reference Pictures: Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

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

Complaint Item 1: “The roof needs to be repaired to prevent ponding of water from rain” Investigator’s Observations: This allegation is NOT verified. In response to this complaint item: There is not sufficient evidence to find that the Respondent failed to meet minimum workmanship standards per A.A.C. R4-9-108. Governing Rule: N/A

Complaint Item 3: “There is a scupper which drains directly onto the main electrical panel. It needs to be extended or have some downspout added to protect the electrical panel from water damage.” Investigator’s Observations: This allegation is NOT verified. In response to this complaint item: There is not sufficient evidence to find that the Respondent failed to meet minimum workmanship standards per A.A.C. R4-9-108. Governing Rule: N/A

Complaint Item 6: “The grading along the backside of the house needs to be the appropriate depth for the stucco.” Investigator’s Observations: This allegation is NOT verified. In response to this complaint item: There is not sufficient evidence to find that the Respondent failed to meet minimum workmanship standards per A.A.C. R4-9-108. Final grade was inspected and approved by PCBD. Governing Rule: N/A

Complaint Item 7: “The rear doors step out without the necessary landing. We request an appropriate 36" landing as required for the door thresholds for the basement doors and the bottom of the exterior stairs” Investigator’s Observations: This allegation is NOT verified. In response to this complaint item: There is not sufficient evidence to find that the Respondent failed to meet minimum workmanship standards per A.A.C. R4-9-108. Final inspections were performed and approved by PCBD. Governing Rule: N/A

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

Complaint Item 8: “The patio framing load needs to have metal hangers installed as required.” Investigator’s Observations: This allegation is NOT verified. In response to this complaint item: There is not sufficient evidence to find that the Respondent failed to meet minimum workmanship standards per A.A.C. R4-9-108. Final inspections were performed and approved by PCBD. Governing Rule: N/A

Complaint Item 9: “The garage rooftop deck membrane was improperly installed, it needs to be repaired (it has soft spots and is not designed as a walking surface)” Investigator’s Observations: This allegation is NOT verified. In response to this complaint item: There is not sufficient evidence to find that the Respondent failed to meet minimum workmanship standards per A.A.C. R4-9-108. Governing Rule: N/A Complaint Item 12: “There is erosion from water underneath the back door slab and the bottom of the cement slab is expose” Investigator’s Observations: Conditions described are present; however, not verified as the responsibility of this respondent. Final grade shall be maintained by the homeowner. Governing Rule: N/A

Complaint Item 13: “The floor trusses are improperly installed with improper-sized hangers and hangers are not nailed. There is a missing beam or undersized beam. We want the framing to meet current building codes/standards. We are very concerned that the load-bearing frame is not correctly built.” Investigator’s Observations: This allegation is NOT verified. In response to this complaint item: There is not sufficient evidence to find that the Respondent failed to meet minimum workmanship standards per A.A.C. R4-9-108. Framing and final inspections were performed and approved by PCBD. Governing Rule: N/A

Complaint Item 15: “It has been noted that there are several exterior walls in need of caulking” Investigator’s Observations: This allegation is NOT verified. Exterior Caulking is an owner maintenance item after the first year of occupancy. Governing Rule: N/A

Complaint Item 16: “The trim at the breakfast nook door and walk-deck door have water damage, we want the trim repaired or replaced and we need the water damage repaired (either through fixing the cracks in the stucco or adding some type of caulking or trim to the door where the water is entering.” Investigator’s Observations: This allegation is NOT verified. In response to this complaint item: There is not sufficient evidence to find that the Respondent failed to meet minimum workmanship standards per A.A.C. R4-9-108. The cause is undetermined. Adjustments of doors and weather- stripping is owner maintenance after the first year of occupancy. Governing Rule: N/A

Complaint Item 17: “Caulking/Sealing is missing from the perimeters of exterior doors and windows. Sealing of the perimeters to prevent further intrusion of water, insects and/or rodents” Investigator’s Observations: This allegation is NOT verified. The complainant was not able to point out the conditions described at the site inspection. Governing Rule: N/A

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

Complaint Item 19: “Several power outlets have had to be reset multiple times. Currently, the outlet below the exterior breaker panel is without power. Arc fault breakers were not installed at one or more circuits” Investigator’s Observations: This allegation is NOT verified. PCBD has inspected and approved the work performed. The respondent stated their electrician is scheduled to address multiple issues and includes this complaint item allegation. Governing Rule: N/A

Complaint Item 21: “Exposed wiring is in the master bath tub access panel” Investigator’s Observations: This allegation is NOT verified. In response to this complaint item: There is not sufficient evidence to find that the Respondent failed to meet minimum workmanship standards per A.A.C. R4-9-108. Governing Rule: N/A

Complaint Item 22: “The appliance electrical circuits are not connected to a GFCI circuit.” Investigator’s Observations: This allegation is NOT verified. In response to this complaint item: There is not sufficient evidence to find that the Respondent failed to meet minimum workmanship standards per A.A.C. R4-9-108. PCBD has inspected and approved the work performed. Governing Rule: N/A

Complaint Item 23: “All the exposed PVC/ABS piping needs to be painted to protect it from the elements. We are also asking that all of the rooftop vent pipes and penetrations be sealed” Investigator’s Observations: This allegation is NOT verified. In response to this complaint item: There is not sufficient evidence to find that the Respondent failed to meet minimum workmanship standards per A.A.C. R4-9-108. Governing Rule: N/A

Complaint Item 27: “The kitchen exhaust duct joints were not sealed correctly” Investigator’s Observations: : This allegation is NOT verified. In response to this complaint item: There is not sufficient evidence to find that the Respondent failed to meet minimum workmanship standards per A.A.C. R4-9-108., however; the respondent’s HVAC contractor did agree to address any items of concern related to this item Governing Rule: N/A

Complaint Item 28: “The screen doors do not match the sliding doors, they door handles hit the screen, the locking mechanisms are not the correct hardware (true of all 4 sliding door screens) and the dining room oxo door doesn't slide on the track because the screen doesn't fit the door correctly.” Investigator’s Observations: This allegation is NOT verified. Adjustment of doors, windows and weather-stripping are owner maintenance items after the first year of occupancy. Governing Rule: N/A

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

Complaint Item 29: “There is water damage and staining at the garage deck door and kitchen patio door along the threshold and door trim. We would like the damage repaired but also a determination and repair of how water is entering into this area.” Investigator’s Observations: This allegation is NOT verified. In response to this complaint item: There is not sufficient evidence to find that the Respondent failed to meet minimum workmanship standards per A.A.C. R4-9-108. The cause is undetermined. Adjustments of doors and weather- stripping is owner maintenance after the first year of occupancy. Governing Rule: N/A

Complaint Item 30: “The walk deck (garage deck) door isn't hung straight, light, and a draft come through.” Investigator’s Observations: This allegation is NOT verified. In response to this complaint item: There is not sufficient evidence to find that the Respondent failed to meet minimum workmanship standards per A.A.C. R4-9-108. Adjustments of doors and weather-stripping is owner maintenance after the first year of occupancy. Governing Rule: N/A

Complaint Item 32: “There are separated and lifted floor joints in the kitchen” Investigator’s Observations: Conditions described are present; however, not verified as the responsibility of this respondent. At the time of this inspection, Standing water was observed on the wood flooring. Governing Rule: N/A

Complaint Item 33: “There is evidence of moisture damage in the upper stairway and basement indicating a leak somewhere.” Investigator’s Observations: This allegation is NOT verified. In response to this complaint item: There is not sufficient evidence to find that the Respondent failed to meet minimum workmanship standards per A.A.C. R4-9-108. Governing Rule: N/A

Complaint Item 34: “There are nail pops, and swelling of the corner bead at the ceiling/soffits in the master bedroom and upstairs playroom, evidence of a leak or moisture damage. There is also evidence of moisture damage on the center beam in the basement.” Investigator’s Observations: This allegation is NOT verified. There was insufficient evidence of moisture damage presented. Nail pops, seam lines and other hairline cracks are beyond the one time within the first year responsibility of the contractor. Governing Rule: N/A

Complaint Item 35: “The bay window seats in the library and bedrooms are improperly installed, there is no plywood to prevent the drywall from cracking. These seats need to be built correctly and the drywall repaired.” Investigator’s Observations: This allegation is NOT verified. In response to this complaint item: There is not sufficient evidence to find that the Respondent failed to meet minimum workmanship standards per A.A.C. R4-9-108. The complainant has no supporting documentation or plan to support this allegation. Governing Rule: N/A

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

Complaint Item 36: “Upstairs wall near the garage deck has 20% moisture readings, the wall is damaged and there is evidence of a leak somewhere. Repairs to the wall and the source of the leak are necessary.” Investigator’s Observations: Conditions described are present; however, not verified as the responsibility of this respondent. I am unable to determine the cause or assign fault. Governing Rule: N/A

Complaint Item 38: “The suppression system piping is uninsulated and vulnerable to damage” Investigator’s Observations: This allegation is NOT verified. In response to this complaint item: There is not sufficient evidence to find that the Respondent failed to meet minimum workmanship standards per A.A.C. R4-9-108. PCBD has inspected and approved this work. Governing Rule: N/A

Complaint Item 39: “There is no stair railing in the basement stairs at all and the stair railing to the second floor is loose and still not painted.” Investigator’s Observations: This allegation is NOT verified. The completion of the basement is not part of the contract. The second floor stair railing was observed to be painted. The second floor rail was noted to be loose, this is a duplicate of a previous complaint item. Governing Rule: N/A

Complaint Item 40: “The master bath shower pan is not sloped correctly, water is pooling at the corners and not draining” Investigator’s Observations: This allegation is NOT verified. In response to this complaint item: There is not sufficient evidence to find that the Respondent failed to meet minimum workmanship standards per A.A.C. R4-9-108. Governing Rule: N/A

Complaint Item 43: “The master bathtub motor is not bonded to a ground wire.” Investigator’s Observations: This allegation is NOT verified. In response to this complaint item: There is not sufficient evidence to find that the Respondent failed to meet minimum workmanship standards per A.A.C. R4-9-108. Governing Rule: N/A

Complaint Item 45: “There was no overflow, emergency drain pan or drain line in the 2nd floor laundry room” Investigator’s Observations: This allegation is NOT verified. In response to this complaint item: There is not sufficient evidence to find that the Respondent failed to meet minimum workmanship standards per A.A.C. R4-9-108. PCBD has inspected and approved this work. Governing Rule: N/A

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

Complaint Item 46: “The laundry angle stop/supply handles were missing the integrated water hammer arrestor.” Investigator’s Observations: This allegation is NOT verified. The respondent corrected this item prior to the inspection of this item. Governing Rule: N/A

Complaint Item 47: “The self-closing hardware on the garage door does not function properly” Investigator’s Observations: This allegation is NOT verified. In response to this complaint item: There is not sufficient evidence to find that the Respondent failed to meet minimum workmanship standards per A.A.C. R4-9-108. Governing Rule: N/A

Complaint Item 49: “The attic space does not have insulation for industry standards of R38 or 14-16" of insulation” Investigator’s Observations: This allegation is NOT verified. In response to this complaint item: There is not sufficient evidence to find that the Respondent failed to meet minimum workmanship standards per A.A.C. R4-9-108. PCBD has inspected and approved the insulation to meet their requirements. Governing Rule: N/A

Complaint Item 50: “There is still construction debris that has been left -- we have asked for it to be removed in the punch list and we were told it would be removed, but it is a year later and it still remains.” Investigator’s Observations: Verified. The complainant pointed out several items of debris along the driveway leading up to the residence and debris at the back of the residence Governing Rule: N/A

Complaint Item 51: “There is evidence of a roof leak, we will need the roof repaired” Investigator’s Observations: This allegation is NOT verified. In response to this complaint item: There is not sufficient evidence to support the allegation of the roof leaking. Governing Rule: N/A

Complaint Item 52: “The flex duct in the attic is improperly supported and kinked and collapsed” Investigator’s Observations: This allegation is NOT verified. In response to this complaint item: There is not sufficient evidence to find that the Respondent failed to meet minimum workmanship standards per A.A.C. R4-9-108. Governing Rule: N/A

Complaint Item 53: “The wall structure is not sealed off in the upper living room wall to beam area, large gaps exist allow air transfer from the attic to the living space -- it needs to be sealed and made energy efficient” Investigator’s Observations: This allegation is NOT verified. In response to this complaint item: There is not sufficient evidence to find that the Respondent failed to meet minimum workmanship standards per A.A.C. R4-9-108. Governing Rule: N/A

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

Complaint Item 54: “The exterior and basement water lines are not insulated” Investigator’s Observations: This allegation is NOT verified. In response to this complaint item: There is not sufficient evidence to find that the Respondent failed to meet minimum workmanship standards per A.A.C. R4-9-108. PCBD has inspected and approved this work. Governing Rule: N/A

Complaint Item 55: “The right side exterior hose bibs are missing anti-siphon devices” Investigator’s Observations: This allegation is NOT verified. This location has had work performed by others modifying the respondent’s original work. Governing Rule: N/A

Complaint Item 57: “The water heater installed has a serial number indicating it was manufactured in 2019?? We want to understand why a 3-year-old water heater was installed in our brand-new house.” Investigator’s Observations: This allegation is NOT verified. In response to this complaint item: There is not sufficient evidence to find that the Respondent failed to meet minimum workmanship standards per A.A.C. R4-9-108. Governing Rule: N/A

Complaint Item 58: “The water heater gas line does not include a debris trap before the burner, we want one installed as required.” Investigator’s Observations: This allegation is NOT verified. The debris trap is installed on the gas line. Governing Rule: N/A

Complaint Item 59: “The water heater flue is improperly installed, the exhaust flue is not functioning properly, and the flue piping is installed upside-down or inverted. Obviously this needs to be remedied.” Investigator’s Observations: This allegation is NOT verified. In response to this complaint item: There is not sufficient evidence to find that the Respondent failed to meet minimum workmanship standards per A.A.C. R4-9-108. PCBD has inspected and approve the installation. Governing Rule: N/A

Complaint Item 60: “The water heater drip pan was not installed properly” Investigator’s Observations: This allegation is NOT verified. In response to this complaint item: There is not sufficient evidence to find that the Respondent failed to meet minimum workmanship standards per A.A.C. R4-9-108. PCBD has inspected and approve the installation. Governing Rule: N/A

Complaint Item 62: “The PVC flue pipe is improperly installed with ABS connections attached and fittings were installed without pipe cement” Investigator’s Observations: This allegation is NOT verified. In response to this complaint item: There is not sufficient evidence to find that the Respondent failed to meet minimum workmanship standards per A.A.C. R4-9-108. PCBD has inspected and approve the installation. Governing Rule: N/A

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

Complaint Item 63: “The attic furnace cabinet combustible fire barrier panel or heat shield is missing.” Investigator’s Observations: This allegation is NOT verified. In response to this complaint item: There is not sufficient evidence to find that the Respondent failed to meet minimum workmanship standards per A.A.C. R4-9-108. PCBD has inspected and approve this work. Governing Rule: N/A

Complaint Item 64: “The AC pad is not 3" above grade, it needs to be corrected.” Investigator’s Observations: This allegation is NOT verified. In response to this complaint item: There is not sufficient evidence to find that the Respondent failed to meet minimum workmanship standards per A.A.C. R4-9-108. The grade around the pad is not being maintained from soil migration or erosion. Governing Rule: N/A

Complaint Item 65: “The AC condensers were installed without a local service receptacle” Investigator’s Observations: This allegation is NOT verified. There is a service receptacle located under the main electrical panel within an acceptable working distance to the condensers. Governing Rule: N/A

Complaint Item 67: “The return duct/plenum is not sealed off. There are also several unsealed duct joints that were found, We would like all HVAC duct connections and returns to be sealed according to current building standards” Investigator’s Observations: This allegation is NOT verified. In response to this complaint item: There is not sufficient evidence to find that the Respondent failed to meet minimum workmanship standards per A.A.C. R4-9-108. Governing Rule: N/A

Complaint Item 68: “Duffy construction refused to key the locks prior to installation so that we had coordinating locks. We would like the Duffys to re-key the locks or have a locksmith rekey the locks so that we have a single house key or if needed a front door key and exterior door key.” Investigator’s Observations: This allegation is NOT verified. There is no written documentation to support this allegation. Governing Rule: N/A

Complaint Item 69: “We would like the original punch list created when we moved in to be completed (see attached)” Investigator’s Observations: Statement by the complainant. Governing Rule: N/A

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

Complaint Item 69a: “Entrance – remove the pole/cement chunk from gate, clean up trash, return edge to look prior to construction Orange fencing Contact/work order # or something for utility box repair so we can follow up” Investigator’s Observations: Duplicate item previously addressed. Governing Rule: N/A

Complaint Item 69b: “Front – Lights on retaining wall Remove fencing and trash from the site Finish bottom of front door (install flashing), touch up scrapes Front door lock plate and key” Investigator’s Observations: This allegation is NOT verified. Governing Rule: N/A

Complaint Item 69e: “Install screens in windows ” Investigator’s Observations: This allegation is NOT verified. This item was completed. Governing Rule: N/A

Complaint Item 69i: “Guest room/bath Install closet door slides Bathroom door stop Drawer replacement Mirror (need to coordinate after granite complete) Sink stopper on right not working, faucet not connected” Investigator’s Observations: This allegation is NOT verified. All other items have been corrected. Governing Rule: N/A

Complaint Item 69j: “Jess’s Office Potential buried phone jack in office wall” Investigator’s Observations: This allegation is NOT verified. Item was corrected. Governing Rule: N/A

Complaint Item 69n: “Play Room Closet missing casing ” Investigator’s Observations: This allegation is NOT verified. Items have been corrected. Governing Rule: N/A

Complaint Item 69o: “Timmy’s Room Window fixed/replaced – timeline Door stop Closet door slides installed” Investigator’s Observations: This allegation is NOT verified. Items have been corrected. Governing Rule: N/A

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

Complaint Item 69p: “Boy’s bath – right hand sink stopper not connected ” Investigator’s Observations: This allegation is NOT verified. Items have been corrected. Governing Rule: N/A

Complaint Item 69q: “Kyrie’s Room Door stop Crack in the window seat Cut nails from inside window seat Adjust closet doors Center window missing tab ” Investigator’s Observations: This allegation is NOT verified. In response to this complaint item: There is not sufficient evidence to find that the Respondent failed to meet minimum workmanship standards per A.A.C. R4-9-108. Governing Rule: N/A

Complaint Item 71: “There is no caulking in the laundry room -- we have requested already that the laundry room be protected from potential water issues” Investigator’s Observations: This allegation is NOT verified. In response to this complaint item: There is not sufficient evidence to find that the Respondent failed to meet minimum workmanship standards per A.A.C. R4-9-108. Governing Rule: N/A

Complaint Item 72: “The cabinet which holds the oven is separating from the backing and coming off the wall.” Investigator’s Observations: This allegation is NOT verified. This item was corrected Governing Rule: N/A

Complaint Item 74: “The electrical outlet on the south side of the exterior of the garage is not working.” Investigator’s Observations: This allegation is NOT verified. GFI reset at the time of this inspection. Governing Rule: N/A

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

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

Sincerely,

Gregory Johndrow Gregory Johndrow, Investigator #195 (520) 628-6896 [email redacted] 1700 W. Washington St., Ste. 105 Phoenix, Arizona 85007

CC: Complainant

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Arizona Registrar of Contractors Jobsite Inspection Notes Case No.: 2023-02672 Investigator: Greg Johndrow #195 Inspection Date: 4/24 & 4/25/2023 Inspection Time: 10:00 AM

Complainant: Jessica Knapp Respondent: Duffy Construction LLC

Overview of project: New Custom Residence General Notes: The site inspection was performed on this date and time with both parties present. In attendance with the complainant was Mr. Knapp and present for the respondent was Gary Duffy, Tim Duffy, Mark Wright (framing contractor), Jose Orozco (Stucco Contractor), Phil Benziger (Plumbing Contractor) and Will Tanner (HVAC contractor) Photos taken with agency issued Canon PowerShot ELPH180. Audio recorded with agency issued Olympus recorder.

Complaint Item 2: “There is a flue vent cap missing on the flat roof as well as a loose/damaged flue vent cap on the metal roof” Investigator’s Observations: Verified. Conditions described were observed and the Respondent’s HVAC contractor stated the necessary correction would be performed. Reference Pictures: 37&40 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 4: “The interior stair railing is loose and has not been painted” Investigator’s Observations: Verified. The interior stair rail is loose and requires corrective action. The stair rail has been painted. Reference Pictures: 1-3 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

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Arizona Registrar of Contractors Jobsite Inspection Notes Investigator’s Observations: Verified. The low slope of the deck was observed to have a negative fall along the drip edge creating ponding issues exceeding the 3/16” allowable tolerance and requires correction. No supporting documentation was submitted to verify the use of a non-slip coating agreement between parties and no bunching or lifted sections were observed. Reference Pictures: 4-5 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 10: “The balcony railings are loose and need to be tightened or better secured for safety” Investigator’s Observations: Verified. Several sections of the balcony railing were observed to be loose. Reference Pictures: 8-10 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Arizona Registrar of Contractors Jobsite Inspection Notes Reference Pictures: 11-14 & 20-21 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 12: “There is erosion from water underneath the back door slab and the bottom of the cement slab is expose” Investigator’s Observations: Conditions described are present; however, not verified as the responsibility of this respondent. Final grade shall be maintained by the homeowner. Reference Pictures: 19 Governing Rule: N/A

Complaint Item 14: “The east wall ledger beam was observed to be missing hardware and improperly attached to the building.” Investigator’s Observations: Verified. One wall ledger in the basement was observed to be missing a washer and nut. Reference Pictures: 22 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 16: “The trim at the breakfast nook door and walk-deck door have water damage, we want the trim repaired or replaced and we need the water damage repaired (either through fixing the cracks in the stucco or adding some type of caulking or trim to the door where the water is entering.” Investigator’s Observations: This allegation is NOT verified. In response to this complaint item: There is not sufficient evidence to find that the Respondent failed to meet minimum workmanship standards per A.A.C. R4-9-108. The cause is undetermined. Adjustments of doors and weather-stripping is owner maintenance after the first year of occupancy. Reference Pictures: 26-29 Governing Rule: N/A

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Arizona Registrar of Contractors Jobsite Inspection Notes Complaint Item 18: “Exterior weep flashing is not installed correctly, there are gaps between the foundation and the weep flashing area. Wall weep flashing is also improperly installed with blocked weep holes in several areas especially the garage columns and front entry.” Investigator’s Observations: Verified. The complainant pointed out one section of the blocked weep screed on the S.E. corner of the garage, where the wall meets the concrete slab. Reference Pictures: 30 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 20: “The light fixture in the dining room is falling out of the ceiling.” Investigator’s Observations: Verified. The fixture is no longer set flush against the ceiling. Reference Pictures: 33 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 24: “Cracking, separations and soft sections of the parapet walls were found, we would like these to be repaired and sealed.” Investigator’s Observations: Verified. The top of the parapet walls were observed to have cracks in excess of the acceptable 1/16” tolerance. No soft spots were noted. Reference Pictures: 34-36, 38-39 & 41 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

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Arizona Registrar of Contractors Jobsite Inspection Notes Complaint Item 25: “Kitchen sink drain stops are inoperable, the kitchen sink drains need to be installed correctly” Investigator’s Observations: Verified. The basket strainer and drain stopper supplied with the sink were not installed. Reference Pictures: 42-43 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 26: “Dishwasher drain line is without an air gap or high loop attachment, it needs to be repaired” Investigator’s Observations: Verified. The dishwasher drain line was installed without an air gap or high loop. Reference Pictures: 44 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 29: “There is water damage and staining at the garage deck door and kitchen patio door along the threshold and door trim. We would like the damage repaired but also a determination and repair of how water is entering into this area.” Investigator’s Observations: This allegation is NOT verified. In response to this complaint item: There is not sufficient evidence to find that the Respondent failed to meet minimum workmanship standards per A.A.C. R4-9-108. The cause is undetermined. Adjustments of doors and weather-stripping is owner maintenance after the first year of occupancy. Reference Pictures: 26-29 Governing Rule: N/A

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Arizona Registrar of Contractors Jobsite Inspection Notes Complaint Item 31: “There is damaged, cracked and missing grout in the master bath floor and missing grout in the laundry room floor.” Investigator’s Observations: Verified. A small section of missing grout was observed in the laundry room in front of the washer and dryer. No conditions were identified on the master bath floor. Reference Pictures: 3 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

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Arizona Registrar of Contractors Jobsite Inspection Notes Complaint Item 37: “There are walls and ceilings that need caulking and paint touch-up (or in the case of the stairwell are not painted at all with anything but primer). The bottom of the hallway closet also hasn't been painted it is exposed drywall.” Investigator’s Observations: Verified. The wall at the base of the stairwell has a sheen variation and the hallway closet floor was not painted. These areas require corrective work. Interior caulking is the owners maintenance after the first year of occupancy Reference Pictures: 10-11 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 39: “There is no stair railing in the basement stairs at all and the stair railing to the second floor is loose and still not painted.” Investigator’s Observations: This allegation is NOT verified. The completion of the basement is not part of the contract. The second floor stair railing was observed to be painted. The second floor rail was noted to be loose, this is a duplicate of a previous complaint item. Reference Pictures: 13-14 Governing Rule: N/A

Complaint Item 41: “There are loose tiles both on the master bath shower floor and wall.” Investigator’s Observations: Verified. Loose tile was observed on the top of the shower curb and on the wall next to the curb. Reference Pictures: 16-17 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 42: “cracked grout is in the master bath shower and guest room shower, mold is visibly growing out of the master bath floor.” Investigator’s Observations: Verified. Cracks were observed on the inside corners of the master shower, along the top of the tub deck next to the shower and on the inside corners of the guest room shower. Reference Pictures: 18-23 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

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Arizona Registrar of Contractors Jobsite Inspection Notes Complaint Item 43: “The master bathtub motor is not bonded to a ground wire.” Investigator’s Observations: This allegation is NOT verified. In response to this complaint item: There is not sufficient evidence to find that the Respondent failed to meet minimum workmanship standards per A.A.C. R4-9-108. Governing Rule: N/A

Complaint Item 44: “The shower doors don't function properly due to the cracked grout, the hinges will need to be repaired” Investigator’s Observations: Verified. The shower door was observed to have abnormal noise during the swinging movement in the door operation. The door was also observed to have been poorly fitted in the opening with unequal reveals. Reference Pictures: 20 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 48: “The side weather stripping on the garage door is not properly attached” Investigator’s Observations: Verified. The weather stripping around the garage doors was observed to be improperly secured in two locations. Reference Pictures: 24 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

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Arizona Registrar of Contractors Jobsite Inspection Notes Complaint Item 50: “There is still construction debris that has been left -- we have asked for it to be removed in the punch list and we were told it would be removed, but it is a year later and it still remains.” Investigator’s Observations: Verified. The complainant pointed out several items of debris along the driveway leading up to the residence and debris at the back of the residence Reference Pictures: 25-27 Governing Rule: N/A

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Arizona Registrar of Contractors Jobsite Inspection Notes Complaint Item 58: “The water heater gas line does not include a debris trap before the burner, we want one installed as required.” Investigator’s Observations: This allegation is NOT verified. The debris trap is installed on the gas line. Reference Pictures: 47 Governing Rule: N/A

Complaint Item 61: “The base of the furnace is not sealed from the basement. The return airbox should be sealed” Investigator’s Observations: Verified. Both furnace units in the basement were observed to have missing or lack of proper caulking around the base of the unit. Reference Pictures: 49-51 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

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Arizona Registrar of Contractors Jobsite Inspection Notes Complaint Item 65: “The AC condensers were installed without a local service receptacle” Investigator’s Observations: This allegation is NOT verified. There is a service receptacle located under the main electrical panel within an acceptable working distance to the condensers. Governing Rule: N/A

Complaint Item 69: “We would like the original punch list created when we moved in to be completed (see attached)” Investigator’s Observations: Statement by the complainant. Governing Rule: N/A

Exterior punch list

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Arizona Registrar of Contractors Jobsite Inspection Notes Complaint Item 69c: “Rear – finish the grade Step off the stairs needs to be shorter Cover 1st septic tank Cut black pipes to grade Paint stairs Remove paint from east semi-circular window Remove rebar sticking out from dog porch” Investigator’s Observations: Verified. A piece of rebar is sticking out from the slab on the dog porch. All other items do not require any corrective action. Reference Pictures: Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 69e: “Install screens in windows ” Investigator’s Observations: This allegation is NOT verified. This item was completed. Governing Rule: N/A

Interior Punch list

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Arizona Registrar of Contractors Jobsite Inspection Notes Complaint Item 69g: “Dog Room – Install lock on interior door, change door handle Paint peeling off exterior door, missing plugs over one screw Door doesn’t close completely (foam/debris in bolt hole) Closet door slide? Dog door information ” Investigator’s Observations: Verified. A section of the door just below the window is missing paint and a plug to cover the fastener is missing on the window frame installed on the door. All other items do not require any corrective action. Reference Pictures: 30-31 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 69h: “Kitchen Door stop installed Under cabinet lighting is falling down, or held up by painter’s tape. Under cabinet needs to be caulked and touched up Pantry needs door stop installed Finish closet bottom over return. Phone jack terminated with wall plate Caulk and paint underneath the granite on the island (including north end hole)” Investigator’s Observations: Verified. The under cabinet lighting is hanging from the cabinet and requires correction. All other items do not require any corrective action. Reference Pictures: 32 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 69j: “Jess’s Office Potential buried phone jack in office wall” Investigator’s Observations: This allegation is NOT verified. Item was corrected. Reference Pictures: Governing Rule: N/A

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Arizona Registrar of Contractors Jobsite Inspection Notes Complaint Item 69l: “Master Bedroom Terminate phone jack and ethernet with wall plate Plugs in the French door to porch Hole in alcove near tub Tub Caulked Crooked light fixture on left over counter top Shower glass (to be coordinated after granite is complete) Tub faucet handle set screw” Investigator’s Observations: Verified. Cracking of the grout around the tub deck was observed. All other items have been corrected. Reference Pictures: 33 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 69n: “Play Room Closet missing casing ” Investigator’s Observations: This allegation is NOT verified. Items have been corrected. Governing Rule: N/A

Complaint Item 69p: “Boy’s bath – right hand sink stopper not connected ” Investigator’s Observations: This allegation is NOT verified. Items have been corrected. Governing Rule: N/A

Arizona Registrar of Contractors Jobsite Inspection Notes Governing Rule: N/A

Complaint Item 70: “The walls in the stairwell are only half painted -- the roller strokes can be seen in the light and there is a sheen difference between sections, we would like the stairwell painted with paint not just primer with a consistent sheen throughout.” Investigator’s Observations: Verified. Duplicate item. A variation of paint sheen appearance was noted in the lower half of the staircase. Reference Pictures: 10 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Addendum items

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Katie Hobbs, Governor Martín Quezada, Director

Complainant: Jessica Knapp 3742 W Estate Hills Pl Tucson, AZ 85745

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: Duffy Construction LLC 4698 S Placita Dos Pajaritos Tucson, AZ 85730

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

June 1, 2023

License No. ROC 108017

Re: Complaint No. 2023-02672

AMENDED WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

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

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · 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:

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

Complaint Item 39: “There is no stair railing in the basement stairs at all and the stair railing to the second floor is loose and still not painted.” Investigator’s Observations: This allegation is NOT verified. The completion of the basement is not part of the contract. The second floor stair railing was observed to be painted. The second floor rail was noted to be loose, this is a duplicate of a previous complaint item. Governing Rule: N/A

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

Complaint Item 55: “The right side exterior hose bibs are missing anti-siphon devices”

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

Investigator’s Observations: This allegation is NOT verified. This location has had work performed by others modifying the respondent’s original work. Governing Rule: N/A

Complaint Item 64: “The AC pad is not 3" above grade, it needs to be corrected.”

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

Investigator’s Observations: This allegation is NOT verified. In response to this complaint item: There is not sufficient evidence to find that the Respondent failed to meet minimum workmanship standards per A.A.C. R4-9-108. The grade around the pad is not being maintained from soil migration or erosion. Governing Rule: N/A

Complaint Item 69: “We would like the original punch list created when we moved in to be completed (see attached)” Investigator’s Observations: Statement by the complainant. Governing Rule: N/A

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

Complaint Item 69e: “Install screens in windows ” Investigator’s Observations: This allegation is NOT verified. This item was completed. Governing Rule: N/A

Complaint Item 69j: “Jess’s Office Potential buried phone jack in office wall” Investigator’s Observations: This allegation is NOT verified. Item was corrected. Governing Rule: N/A

Complaint Item 69n: “Play Room Closet missing casing ” Investigator’s Observations: This allegation is NOT verified. Items have been corrected. Governing Rule: N/A

Complaint Item 69p: “Boy’s bath – right hand sink stopper not connected ” Investigator’s Observations: This allegation is NOT verified. Items have been corrected. Governing Rule: N/A

Complaint Item 69q: “Kyrie’s Room Door stop

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

Crack in the window seat Cut nails from inside window seat Adjust closet doors Center window missing tab ” Investigator’s Observations: This allegation is NOT verified. In response to this complaint item: There is not sufficient evidence to find that the Respondent failed to meet minimum workmanship standards per A.A.C. R4-9-108. Governing Rule: N/A

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

Sincerely,

Gregory Johndrow Gregory Johndrow, Investigator #195

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

(520) 628-6896 [email redacted] 1700 W. Washington St., Ste. 105 Phoenix, Arizona 85007

CC: Complainant

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

Complainant: Jessica Knapp 3742 W Estate Hills Pl Tucson, AZ 85745

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: Duffy Construction LLC 4698 S Placita Dos Pajaritos Tucson, AZ 85730

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

June 13, 2023