2023A-02924-CHC-ROC Notice of Hearing and Packet MAILED

2023A-02924-CHC-ROC · Registrar of Contractors · 2023-09-22

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Sofia Nuzzo , Case No. 2023-02924 COMPLAINANT, Docket No. 2023A-02924-CHC-ROC v. NOTICE OF HEARING ON 1st Class Construction AZ LLC CONTESTED CASE License No. ROC 340408,

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 Sondra Vanella 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 July 28, 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 22, 2023.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail September 22, 2023 to: Respondent(s) 1st Class Construction AZ LLC 7145 W Carter Rd Laveen, AZ 85339 Complainant(s) Sofia Nuzzo 1231 E Elm St Phoenix, AZ 85014

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. 2023-02924 /

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

Jobsite Inspection Notes

Case No.: 2023-02924 Investigator: Lisa Melton Inspection Date: May 3, 2023 Inspection Time: 9:00 AM

Complainant: Sofia Nuzzo Respondent: 1st Class Not Present: Construction AZ LLC Not Present:

ATTENDEES: Complainant: Sofia Nuzzo Behalf of Complainant: Dan Nuzzo Respondent: Randy Taylor

Jobsite General Notes: JSI photos and audio was recorded with my agency issued Pixel 6 Pro phone. Refer to JSI photos for reference.

Compliance Item 1: Poor workmanship Investigator’s Observation: Not an allegation that can be inspected and/or evaluated. Specific workmanship allegations are provided in subsequent Complaint items. (No photo) Governing Rule: Not Applicable.

Compliance Item 2: use non-qualifyed help Investigator’s Observation: Not an allegation that can be inspected and/or evaluated. (No photo) Governing Rule: Not Applicable.

Compliance Item 3: Non properly installed aluminum windows very poor workmanship. Not properly installed Excessive charges Removed window security bar and took them! Along with previous aluminum window Investigator’s Observation: The windows installed by Respondent have failed inspection by the building official (4/13/23). Respondent should correct window installation per building official and obtain a passed inspection of that work from the building official. Respondent should provide documentation of passed inspection to this Investigator. Registrar has no authority over construction spoils. (See JSI Photos #2 - #4) Governing Rule: Not Applicable. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19

Compliance Item 4: Door in master bedroom (French door) asked for opaque glass/clear glass came with new door. Investigator’s Observation: Contract/change orders do not specify glass type. (See JSI Photos #5) Governing Rule: Not Applicable.

Compliance Item 5: Front bathroom overhead fan was not installed but charged for Investigator’s Observation: The Registrar has no authority over financial matters. Unable to direct completion as Respondent was fired by Complainant. (No photo) Governing Rule: Not Applicable.

Compliance Item 6: Main bathroom. Removed overhead fan and it has never been replaced. Investigator’s Observation: Unable to direct completion as Respondent was fired by Complainant. (No photo) Governing Rule: Not Applicable.

Compliance Item 7: Kitchen cabinet. All the draws have no design like the schematic shows. Investigator’s Observation: Nothing on the drawings indicate that they depict anything other than dimensions/layout for the cabinetry. (See JSI Photos #6) Governing Rule: Not Applicable.

Compliance Item 8: Buffet cabinets charged for 9 feet six inches and I got only six feet inches. Investigator’s Observation: Buffet and shelves on one side have been installed. The other side is not complete. Unable to direct completion as Respondent was fired by Complainant. The Registrar has no authority over financial matters. (See JSI Photos #7) Governing Rule: Not Applicable.

Compliance Item 9: Desk I asked for bottom draw to be 12” deep for files and I received 10” deep can not pull files in. Investigator’s Observation: Contract does not identify the inside dimension of this drawer. (See JSI Photos #8) Governing Rule: Not Applicable.

Compliance Item 10: Charged for extra outdoor light and received one. Investigator’s Observation: The Registrar has no authority over financial matters. Unable to direct completion as Respondent was fired by Complainant. (No Photo) Governing Rule: Not Applicable.

Compliance Item 11: Drawwall. Charged for 10 sheet extra Investigator’s Observation: The Registrar has no authority over financial matters. (No Photo) Governing Rule: Not Applicable. 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 #2023-02924 Inspection Date: 05/03/2023 9:00 AM JSI PHOTOS – Page 1

JOBSITE Complaint #2023-02924 Inspection Date: 05/03/2023 9:00 AM JSI PHOTOS – Page 2

WINDOWS (1) Complaint #2023-02924 Inspection Date: 05/03/2023 9:00 AM JSI PHOTOS – Page 3

WINDOWS (2) Complaint #2023-02924 Inspection Date: 05/03/2023 9:00 AM JSI PHOTOS – Page 4

WINDOWS (3) Complaint #2023-02924 Inspection Date: 05/03/2023 9:00 AM JSI PHOTOS – Page 5

FRENCH DOOR (CLEAR GLASS) Complaint #2023-02924 Inspection Date: 05/03/2023 9:00 AM JSI PHOTOS – Page 6

CABINETS Complaint #2023-02924 Inspection Date: 05/03/2023 9:00 AM JSI PHOTOS – Page 7

BUFFET Complaint #2023-02924 Inspection Date: 05/03/2023 9:00 AM JSI PHOTOS – Page 8

CABINET WITH FILE DRAWER Katie Hobbs, Governor Martín Quezada, Director

Complainant: Sofia Nuzzo 1231 E Elm St Phoenix, AZ 85014

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: 1st Class Construction AZ LLC DBA: 7145 W Carter Rd Laveen, AZ 85339

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 15, 2023

License No. ROC 340408

Re:Complaint No. 2023-02924

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 5, 2023.

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

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

Compliance Item 3: Non properly installed aluminum windows very poor workmanship. Not properly installed Excessive charges Removed window security bar and took them! Along with previous aluminum window Investigator’s Observation: The windows installed by Respondent have failed inspection by the building official (4/13/23). Respondent should correct window installation per building official and obtain a passed inspection of that work from the building official. Respondent should provide documentation of passed inspection to this Investigator. Registrar has no authority over construction spoils Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For 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

work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

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

Compliance Item 2: use non-qualifyed help Investigator’s Observation: Not an allegation that can be inspected and/or evaluated. Governing Rule: Not Applicable.

Compliance Item 8: Buffet cabinets charged for 9 feet six inches and I got only six feet inches.

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 Observation: Buffet and shelves on one side have been installed. The other side is not complete. Unable to direct completion as Respondent was fired by Complainant. The Registrar has no authority over financial matters Governing Rule: Not Applicable.

Compliance Item 11: Drawwall. Charged for 10 sheet extra Investigator’s Observation: The Registrar has no authority over financial matters. Governing Rule: Not Applicable.

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

Sincerely, Lisa Melton Investigator #206 602 7716736 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812

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

ADDENDUM Jobsite Inspection Notes

Case No.: 2023-02924 Investigator: Lisa Melton Inspection Date: June 14, 2023 Inspection Time: 9:00 AM

Complainant: Sofia Nuzzo Respondent: 1st Class Not Present: Construction AZ LLC Not Present:

ATTENDEES: Complainant: Sofia Nuzzo Behalf of Complainant: Dan Nuzzo Respondent: Randy Taylor

Jobsite General Notes: JSI photos and audio was recorded with my agency issued Pixel 6 Pro phone. Refer to JSI photos for reference.

Compliance Item 12 (Addendum Complaint): (1)-South door in s/e bedroom- Does not lock-Adjust door. Investigator’s Observation: Unable to direct completion as Respondent was fired by Complainant. (No Photo) Governing Rule: Not Applicable.

Compliance Item 13 (Addendum Complaint): (2)-Relocate Dryer outlet-out from under drain. Investigator’s Observation: Respondent acknowledges that there were only wires at this location and he installed outlet that is currently under drain. Respondent should correct by appropriate methods. (See JSI Photos #2) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4- 9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

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

Compliance Item 14 (Addendum Complaint): (3)-Extend handrail to top of stairs. Investigator’s Observation: Insufficient evidence to substantiate. Respondent denies that they installed handrail. (See JSI Photos #3) Governing Rule: Not Applicable.

Compliance Item 15 (Addendum Complaint): (4)-GFI-All basement receptacle- Add smoke detectors. Investigator’s Observation: Unable to direct completion as Respondent was fired by Complainant. (No Photo) Governing Rule: Not Applicable.

Compliance Item 16 (Addendum Complaint): (6)-Protect all loose romex in upstairs storage area Investigator’s Observation: Insufficient evidence to substantiate. Respondent denies that they installed electrical that is hanging. (See JSI Photos #4) Governing Rule: Not Applicable.

Compliance Item 17 (Addendum Complaint): (7)-Install kitchen sink, When countertops are installed. Investigator’s Observation: Unable to direct completion as Respondent was fired by Complainant. (No Photo) Governing Rule: Not Applicable.

Compliance Item 18 (Addendum Complaint): (8)-Adjust Cabinets. Investigator’s Observation: Unable to direct completion as Respondent was fired by Complainant. (No Photo) Governing Rule: Not Applicable.

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 #2023-02924 Inspection Date: 06/14/2023 9:00 AM ADDENDUM JSI PHOTOS – Page 1

JOBSITE Complaint #2023-02924 Inspection Date: 06/14/2023 9:00 AM ADDENDUM JSI PHOTOS – Page 2

WATER SOURCE ABOVE RESPONDENT INSTALLED OUTLET Complaint #2023-02924 Inspection Date: 06/14/2023 9:00 AM ADDENDUM JSI PHOTOS – Page 3

HANDRAILS NOT INSTALLED BY RESPONDENT Complaint #2023-02924 Inspection Date: 06/14/2023 9:00 AM ADDENDUM JSI PHOTOS – Page 4

ELECTRICAL RESPONDENT DENIES INSTALLING HAGING WIRES Katie Hobbs, Governor Martín Quezada, Director

Complainant: Sofia Nuzzo 1231 E Elm St Phoenix, AZ 85014

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: 1st Class Construction AZ LLC DBA: 7145 W Carter Rd Laveen, AZ 85339

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 16, 2023

License No. ROC 340408

Re:Complaint No. 2023-02924

AMENDED WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

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

Compliance Item 3 (Original Complaint): Non properly installed aluminum windows very poor workmanship. Not properly installed Excessive charges Removed window security bar and took them! Along with previous aluminum window Investigator’s Observation: The windows installed by Respondent have failed inspection by the building official (4/13/23). Respondent should correct window installation per building official and obtain a passed inspection of that work from the building official. Respondent should provide documentation of passed inspection to this Investigator. Registrar has no authority over construction spoils Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any

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:

Compliance Item 1 (Original Complaint): Poor workmanship Investigator’s Observation: Not an allegation that can be inspected and/or evaluated. Specific workmanship allegations are provided in subsequent Complaint items. Governing Rule: Not Applicable.

Compliance Item 2 (Original Complaint): use non-qualifyed help Investigator’s Observation: Not an allegation that can be inspected and/or evaluated. Governing Rule: Not Applicable.

Compliance Item 4 (Original Complaint): Door in master bedroom (French door) asked for opaque glass/clear glass came with new door. Investigator’s Observation: Contract/change orders do not specify glass type. Governing Rule: Not Applicable.

Compliance Item 5 (Original Complaint): Front bathroom overhead fan was not installed but charged for Investigator’s Observation: The Registrar has no authority over financial matters. Unable to direct completion as Respondent was fired by Complainant. Governing Rule: Not Applicable.

Compliance Item 6 (Original Complaint): Main bathroom. Removed overhead fan and it has never been replaced.

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 Observation: Unable to direct completion as Respondent was fired by Complainant. Governing Rule: Not Applicable.

Compliance Item 7 (Original Complaint): Kitchen cabinet. All the draws have no design like the schematic shows. Investigator’s Observation: Nothing on the drawings indicate that they depict anything other than dimensions/layout for the cabinetry. Governing Rule: Not Applicable.

Compliance Item 8 (Original Complaint): Buffet cabinets charged for 9 feet six inches and I got only six feet 3 inches. Investigator’s Observation: Buffet and shelves on one side have been installed. The other side is not complete. Unable to direct completion as Respondent was fired by Complainant. The Registrar has no authority over financial matters Governing Rule: Not Applicable.

Compliance Item 9 (Original Complaint): Desk I asked for bottom draw to be 12” deep for files and I received 10” deep can not pull files in. Investigator’s Observation: Contract does not identify the inside dimension of this drawer. Governing Rule: Not Applicable.

Compliance Item 10 (Original Complaint): Charged for extra outdoor light and received one. Investigator’s Observation: The Registrar has no authority over financial matters. Unable to direct completion as Respondent was fired by Complainant. Governing Rule: Not Applicable.

Compliance Item 11 (Original Complaint): Drawwall. Charged for 10 sheet extra Investigator’s Observation: The Registrar has no authority over financial matters. Governing Rule: Not Applicable.

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, Lisa Melton Investigator #206 602 7716736 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812

License mailing address (if different from account/company address of record):

1st Class Construction AZ LLC 7145 W Carter Rd Laveen, AZ 85339

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: Sofia Nuzzo 1231 E Elm St Phoenix, AZ 85014

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 Respondent: 1st Class Construction AZ LLC DBA: 7145 W Carter Rd Laveen, AZ 85339

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 July 10, 2023

Compliance Jobsite Inspection Notice Re: Complaint No. 2023-02924

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for July 11, 2023 at 11:00 AM to determine the current status of the items listed on the issued Directive.

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

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

Sincerely,

Lisa Melton Lisa Melton, Investigator #206 602 7716736 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

CC: Choose an item. Choose an item. Choose an item. Choose an item.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 (DELETE THIS ADDRESS/PAGE IF NOT WARRANTED)

License mailing address (if different from account/company address of record):

1st Class Construction AZ LLC

7145 W Carter Rd Laveen, AZ 85339

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 (DELETE THIS ADDRESS/PAGE IF NOT WARRANTED)

Complainant Attorney:

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 (DELETE THIS ADDRESS/PAGE IF NOT WARRANTED)

Respondent Attorney:

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 Complaint #2023-02924 Inspection Date: 07/11/2023 11:00 AM JSI PHOTOS – Page 1

JOBSITE Complaint #2023-02924 Inspection Date: 07/11/2023 11:00 AM JSI PHOTOS – Page 2

RED TAG FOR WINDOWS Complaint #2023-02924 Inspection Date: 07/11/2023 11:00 AM JSI PHOTOS – Page 3

WINDOWS (1) Complaint #2023-02924 Inspection Date: 07/11/2023 11:00 AM JSI PHOTOS – Page 4

WINDOWS (2) Complaint #2023-02924 Inspection Date: 07/11/2023 11:00 AM JSI PHOTOS – Page 5

WINDOWS (3) Complaint #2023-02924 Inspection Date: 07/11/2023 11:00 AM JSI PHOTOS – Page 6

WINDOWS (4) Complaint #2023-02924 Inspection Date: 07/11/2023 11:00 AM JSI PHOTOS – Page 7

ELECTRICAL OUTLET RELOCATED BY OTHER THAN RESPONDENT Complainant: Sofia Nuzzo 1231 E Elm St Phoenix, AZ 85014

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: 1st Class Construction AZ LLC DBA: 7145 W Carter Rd Laveen, AZ 85339

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Case No.: 2023-02924 Investigator: Lisa Melton Inspection Date: July 11, 2023 Inspection Time: 11:00 AM

Attendees: Complainant: Sofia Nuzzo Behalf of Complainant: Dan Nuzzo Respondent: Randy Taylor

Compliance Jobsite General Notes: JSI photos and audio was recorded with my agency issued Pixel 6 Pro phone.

Compliance Findings:

Compliance Item 3 (Original Complaint): Non properly installed aluminum windows very poor workmanship. Not properly installed Excessive charges Removed window security bar and took them! Along with previous aluminum window Investigator’s Observation: NOT COMPLETE. Correction to windows is not complete. Windows have not been passed by building official. Respondent was denied access by Complainant on and after July 4, 2023. Written Directive allowed for correction until July 7, 2023. (See JSI Photos #2 - 6) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

Compliance Item 13 (Addendum Complaint): COMPLETE. Complainant had this work corrected by other than Respondent prior to this inspection. (See JSI Photos #7) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

Note:

Please review the complaint items listed above. If any of the items have not been corrected at the time of the compliance inspection this complaint will be forwarded to the Registrar’s legal department and a citation may be issued. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

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

Lisa Melton Lisa Melton, Investigator #206 602 7716736 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

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

Sofia Nuzzo, Case No. 2023-02924 COMPLAINANT, v. 1st Class Construction AZ LLC CITATION License No. ROC 340408, RESPONDENT.

The Registrar issues this Citation to 1st Class Construction AZ LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by August 14, 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 March 9, 2023, Sofia Nuzzo (“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.

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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

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. 2023-02924.

How to File a Written Answer: Respondent’s written answer may be submitted in the

following ways:

In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted]

The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the 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 Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than August 14, 2023. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in 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 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 July 28, 2023. By: /s/ Eric Ulinger Eric Ulinger 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 Legal Department Arizona Registrar of Contractors

COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, July 28, 2023 to:

Respondent Certified Mail No: [number redacted] 1st Class Construction AZ LLC 7145 W Carter Rd Laveen, AZ 85339

Copy mailed by USPS First Class mail this same date to: Respondent 1st Class Construction AZ LLC 7145 W Carter Rd Laveen, AZ 85339

Complainant Sofia Nuzzo 1231 E Elm St Phoenix, AZ 85014 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. 2023-02924

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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 Received by Investigations 03/09/2023 Complaint #2023-02924 Received by Investigations 03/09/2023 Complaint #2023-02924 Received by Investigations 03/09/2023 Complaint #2023-02924 Received by Investigations 03/09/2023 Complaint #2023-02924 Received by Investigations 03/09/2023 Complaint #2023-02924 Received by Investigations 03/09/2023 Complaint #2023-02924 Received by Investigations 03/09/2023 Complaint #2023-02924 Received by Investigations 03/09/2023 Complaint #2023-02924 Received by Investigations 03/09/2023 Complaint #2023-02924 Received by Investigations 03/09/2023 Complaint #2023-02924 Received by Investigations 03/09/2023 Complaint #2023-02924 Received by Investigations 03/09/2023 Complaint #2023-02924 Received by Investigations 03/09/2023 Complaint #2023-02924 Received by Investigations 03/09/2023 Complaint #2023-02924 Received by Investigations 03/09/2023 Complaint #2023-02924 Received by Investigations 03/09/2023 Complaint #2023-02924 Received by Investigations 03/09/2023 Complaint #2023-02924 Received by Investigations 03/09/2023 Complaint #2023-02924 Received by Investigations 03/09/2023 Complaint #2023-02924 Received by Investigations 03/09/2023 Complaint #2023-02924 Received by Investigations 03/09/2023 Complaint #2023-02924 Received by Investigations 03/09/2023 Complaint #2023-02924 Received by Investigations 03/09/2023 Complaint #2023-02924 Received by Investigations 03/09/2023 Complaint #2023-02924 Received by Investigations 03/09/2023 Complaint #2023-02924 Received by Investigations 03/09/2023 Complaint #2023-02924 Received by Investigations 03/09/2023 Complaint #2023-02924 Received by Investigations 03/09/2023 Complaint #2023-02924 Received by Investigations 03/09/2023 Complaint #2023-02924 Received by Investigations 03/09/2023 Complaint #2023-02924 Received by Investigations 03/09/2023 Complaint #2023-02924 Received by Investigations 03/09/2023 Complaint #2023-02924 Received by Investigations 03/09/2023 Complaint #2023-02924 Received by Investigations 03/09/2023 Complaint #2023-02924 Received by Investigations 03/09/2023 Complaint #2023-02924 Received by Investigations 03/09/2023 Complaint #2023-02924 Received by Investigations 03/09/2023 Complaint #2023-02924 Received by Investigations 03/09/2023 Complaint #2023-02924 Received by Investigations 03/09/2023 Complaint #2023-02924 Received by Investigations 03/09/2023 Complaint #2023-02924 Received by Investigations 03/09/2023 Complaint #2023-02924 Received by Investigations 03/09/2023 Complaint #2023-02924 Katie Hobbs, Governor Martín Quezada, Director

Complainant Sofia Nuzzo 1231 E Elm St Phoenix, AZ 85014

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 C004 04/21 Katie Hobbs, Governor Martín Quezada, Director

Respondent: 1st Class Construction AZ LLC DBA: 3148 W Maldonaldo Rd Phoenix, AZ 85041

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 C004 04/21 Katie Hobbs, Governor Martín Quezada, Director

March 15, 2023

Re: Complaint No. 2023-02924

Dear 1st Class Construction AZ LLC :

The Registrar of Contractors received a formal complaint filed against your license. Enclosed is a complete copy of the complaint for your review.

The Registrar requests that you assist in the agency’s investigation and evaluation of this complaint by submitting a written response to the Registrar within ten (10) days from the date of this letter. Your response should address the allegation(s) raised in the complaint and provide any documentation supporting your response.

Please understand that your written response to the complaint will not be the same as the written answer you would need to file pursuant to A.R.S. §32-1155 if a citation is issued against you.

Thank you for your cooperation.

Sincerely, Lisa Melton Investigator #206 (602) 771-6736 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812

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 C004 04/21 Nuzzo ROC Complaint # 2023-02924 Contractor Response:

#1. Poor workmanship – I personally have done 70% of all work on this project, with 35 years’ experience and very detail oriented, I Believe is great work. We have addressed homeowner’s issues, and complaints, right or wrong. We even ﬁxed, at no cost to the home owners, all items she personally destroyed or damaged. IE: drip edge metal, stucco around mul�ple windows, interior drywall, door jambs. I have people who have witnessed at least two �mes. We strive to be the best and the cleanest company in the valley. I am not sure of the exact item or items she is claiming, but we are willing to address what exactly she is talking about. A lot of the issues she has daily, are on items not yet completed. I explain to her daily that we are not done or ﬁnished with par�cular items, and that through the process these things will be taken care of.

#2. Use of non-qualiﬁed help – Not sure what this means, we used licensed electricians, plumbers, and myself being licensed through the state.

#3. Incorrectly installed Aluminum windows – Windows have been installed above code and specs, not only with a moisture barrier, but with bitchathane rubber adhesive 6” strips, to assure no leaks, weep holes are exposed and drain as designed> Windows open and close very nicely. All screens are on. The only thing I knew was she wanted the windows to be cased with trim, so therefor they are. She now wants windows installed to the outside, I did not know this previously. Installing the windows to the inside give the outside a litle more architectural design, Had I known she wanted them installed to the outside, I would have. The expense would have been much greater to box out interior in wood. In their words -They don’t want to spend another dime on the house,

#4. Closet very poor workmanship/not installed properly— Again, not sure what this means. Closet was framed out in 2x4s’s with treated �mber on the botom, with 3/8” lags (red heads) 4 ½” long into concrete, atached to the back wall. The layout and design have changed mul�ple �mes. We reframed this closet 3 �mes for her. She has 8’ ceilings and wants doors, 2 sets of doubles 2 individual, with cubby holes above doors. You can not do that with 6’8” door. So, we cut hollow core doors, that had a uniformed look a�er cu�ng the top and botom and stalling blocks. She believes we are shrinking the openings, which in truth we haven’t cut the sides down on the doors, the door widths have not changed, and height is s�ll 6’ high. She s�ll has 4-18” doors 6’ high and 2 individual 18” doors 6’ high, with custom cubbies above with face frame and so� closing doors. So with ceilings 96”(8’) and regular 6’8”doors(80”) and jamb with 2 ½” trim, and 2 ½” leaves not enough room, 2 ½”, 80” door, 2” jamb, 2 ½” trim = 84 1/2”. That leaves 11 ½” for opening, minus frame out for cubbies (3”) = 8 ½” opening—it just wont work, So, we cut doors down to give her 14” cubbies. Doors and trim have not been detailed. We are no complete, as we had to wait on doors and jamb material to ﬁt her sizes. #5. Excessive charges – We have worked with the Nuzzo’s for approximately 1 year and 4 months, on the contract prior to star�ng the job. We have adjusted the contract mul�ple �mes, prior to star�ng work. The contract at ﬁrst was $160k all in, 100%complete to ﬁnal clean. They wanted a lot of things removed, we accommodated. When we started work, the signed contract was at $117k. As we have gone along, they have added, changed drama�cally the scope of work. All work has been signed for or orally agreed upon with par�cular pricing. They have allowances for all products, and the credits are issued at the comple�on of project at ﬁnal payment. I have told them this numerous �mes. Credits are issued at the end of project at ﬁnal payment. Allowances are based upon what they spend – not me. Everything has been put into amendments or change orders. I even gave them a handwriten note telling them what I would credit back to them so far. Never have done that before, but I did for them. They just don’t get it. This is an 8-month project, from start to ﬁnish. We started in August; therefore, April will be the 8th month. We are on track to complete 4/15/2023. We have tried to expedite, but delays, my wife passing, and weather have put a slowdown in the schedule, approximately 4-5 weeks, when all added up.

#6. Removed window security bar and took them! Along with previous aluminum window – We removed security bars to replace and ﬂash windows properly - <2> window sizes changed, so the old bars didn’t ﬁt anymore. The other 5 were set oﬀ by themselves by garage, it was either the next day or the following day, the house was broken into, someone stole over $4000 worth of my tools, (refer to police report and insurance claim). The homeowners never expressed concern or that it was an issue with not keeping the bars. The ﬁrst �me I heard of this issue was in January – 4 months a�er we started. I believe they were taken when the house was broken into. The homeowners need to ﬁle with their home owner’s insurance and make a claim. I have told them this twice now. Regarding the old windows, I was personally told by Soﬁa to “Throw them away, what can I do with old windows.” So, then they were discarded.

#7. Door in master bedroom (French doors) asked for opaque glass, clear glass came with the new door. – This is standard clear tempered glass with smoke. I was never told she wanted opaque or any other type of eye shielding for master bedroom French door with a side light. Most people install window blinds or curtains. She wants �nted glass or a security screen – which was only discussed a�er installa�on of door, I told her that it would be an extra to the contract, she said she didn’t want any extras. I said I would look into ge�ng a retractable screen door. S�ll to date, I have had <2> diﬀerent screen companies come out to look at both, and both companies said they cannot do it and doesn’t know who can. S�ll, this is an extra to the contract and she doesn’t want to pay for it. Last week (March 10, 2023) she told me she would take care of it herself, and so I said OK.

#8. Front bathroom overhead fan was not installed but charged me for it – She has been back and forth on this one, said she didn’t want, its too noisy. So, we were going to issue a credit to her at the end of the job, as I have told them both numerous �mes that credits are issued at the end of the job on the ﬁnal bill. There is a window in this bathroom, so it is not required. If installed now, there would be a much diﬀerent cost to do the job, as we are near comple�on. I would rather give the homeowner a credit back, as I have told them. I am not looking for any extra work, I just want to do what is on the signed contract. So, to date, she has not technically been charged for this.

#9. Main bathroom removed overhead fan and it has not been replaced – To my recollec�on, neither bathroom ever had exhaust fans previously installed. The house was built prior to 1915, exhaust fans were not even designed yet. Not a lot had been done to this property - outside of gable end roof installed and new master bedroom over pour to old garage area, which I believe neither were permited. With that being said, I am almost posi�ve there was no exhaust fans installed or vented. Again, both bathrooms have operable windows, which don’t require an exhaust fan. Credit will be issued at the end of project to the homeowner, taken oﬀ the ﬁnal bill.

#10. Kitchen cabinets – All the drawers have no design like the schema�cs shows – Both homeowners met with my preferred cabinet company (Premium Cabinets) mul�ple �mes to make selec�ons for their cabinets for design, color, and op�onal item requests. The schema�c that she is talking about is a generic cabinet plan, only to show layout of each cabinet and how it will basically look. There are thousands of designs for cabinetry. They can’t possibly do layouts for everyone with their exact cabinet design that they have chosen. I explained this to them as well as Premium cabinets did. That is why they have a showroom to go to and select what they want, is explained to each individual buyer. I personally witnessed this being explained to the Nuzzo’s by Premium Cabinets, when they went to ﬁnalize both color, wood type and design.

#11. Buﬀet Cabinets-charged for 9� 6 in.-and I only got 6� 3in. – If you look at the drawing, it clearly shows the cabinet layout with the cabinets measuring as well. 6”4’ (<2> 24” cabinets, <1> 27” cabinet) 24” +24” +27” =76”, 76” divided by 12” =6’3” with shelves on both sides 18”, 6’3” +18” +18” =111” divided by 12=9’3” which all doesn’t mater due to the fact this is an allowance cost. It’s a general run down of what he or she wants. Its is all based on mee�ng with cabinet company for species, design and color. She or he gets an amount that I believe can be delivered to the home and installed for product. I give allowances for all product. It solely depends on homeowner regarding how much they spend. My numbers are middle of the road, As I explain to my clients, its not a Lambo, but it’s not a Yugo either. I have explained this at least 7 or 8 �mes to the Nuzzo’s.

#12. Desk I asked for a botom drawer to be 12” deep for ﬁles and I received 10”deep, I cannot put ﬁles in – Un�l about a month ago, this was the ﬁrst I had heard about a deep drawer. I called the cabinet company, they said they didn’t know about it and that there was no men�on on paper work nor in the ﬁle. We are accommoda�ng them with this item, though s�ll an extra. The cabinet company doesn’t do 12: deep drawers, only 10: deep. Cabinets were installed 1/3/23. January 3rd, due to changes, extras and possible cabinet changes, the tops couldn’t be installed.

#13. Charged for extra outdoor light and received one – No room for 2nd exterior light, credit will be issued for second light at ﬁnal billing, as explained to the homeowners mul�ple �mes. #14. Drywall charged for <10> extra sheets – In the contract it states <12> sheets of drywall, based upon bid., when we started, they had removed drywall at bathroom 2 and bedroom 1they had a roof leak in the family room and much more had to be taken oﬀ. A total of <28> sheets of drywall was used for this job. I only charged them for an addi�onal <10> sheets, which Is more than fair. Katie Hobbs, Governor Martín Quezada, Director

Complainant: Sofia Nuzzo 1231 E Elm St Phoenix, AZ 85014

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 C005 04/21 Katie Hobbs, Governor Martín Quezada, Director

Respondent: 1st Class Construction AZ LLC DBA: 3148 W Maldonaldo Rd Phoenix, AZ 85041

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 C005 04/21 Katie Hobbs, Governor Martín Quezada, Director

March 30, 2023

Re: Complaint No. 2023-02924

All:

Enclosed you will find a copy of additional information received by this office concerning the above referenced complaint.

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

Sincerely, Lisa Melton Investigator #206 (602) 771-6736 [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 C005 04/21 Katie Hobbs, Governor Martín Quezada, Director

Complainant: Sofia Nuzzo 1231 E Elm St Phoenix, AZ 85014

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 C005 04/21 Katie Hobbs, Governor Martín Quezada, Director

Respondent: 1st Class Construction AZ LLC DBA: 3148 W Maldonaldo Rd Phoenix, AZ 85041

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 C005 04/21 Katie Hobbs, Governor Martín Quezada, Director

March 30, 2023

Re: Complaint No. 2023-02924

All:

Enclosed you will find a copy of additional information received by this office concerning the above referenced complaint.

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

Sincerely, Lisa Melton Investigator #206 (602) 771-6736 [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 C005 04/21 Nuzzo ROC Complaint # 2023-02924 Contractor Response:

#2. Use of non-qualiﬁed help – Not sure what this means, we used licensed electricians, plumbers, and myself being licensed through the state.

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811 !""!# 1 1$131%&'(4 )*7)*+,-'+ #' + ".' "8/07(0)447002)7402+' "8/07(0)447002)7402 212 Katie Hobbs, Governor Martín Quezada, Director

Complainant: Sofia Nuzzo 1231 E Elm St Phoenix, AZ 85014

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

Respondent: 1st Class Construction AZ LLC DBA: 7145 W Carter Rd Laveen, AZ 85339

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

May 5, 2023

Re: Complaint No. 2023-02924

All:

Enclosed you will find a copy of additional information received by this office concerning the above referenced complaint.

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

Sincerely, Lisa Melton Investigator #206 602 7716736 [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 C005 04/21 Katie Hobbs, Governor Martín Quezada, Director

Complainant: Sofia Nuzzo 1231 E Elm St Phoenix, AZ 85014

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

Respondent: 1st Class Construction AZ LLC DBA: 7145 W Carter Rd Laveen, AZ 85339

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

May 17, 2023

Re: Complaint No. 2023-02924

Dear Complainant and Respondent:

After the initial filing of the complaint 2023-02924, the Complainant filed the attached amended complaint containing additional complaint items.

A jobsite inspection is scheduled June 14, 2023 at 9:00 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

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

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

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 · Toll Free 877.692.9762 · roc.az.gov C007 04/21 Katie Hobbs, Governor Martín Quezada, Director

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

Sincerely, Lisa Melton Investigator #206 602 7716736 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 04/21 01231456ÿ2809ÿ ÿÿÿ ÿÿÿ44544

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811!""!11#131$%&952''()*&( &( +&+82003,220,5,,-40923( & "82003,220,5,,-4092. 414 Complainant: Sofia Nuzzo 1231 E Elm St Phoenix, AZ 85014

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 Respondent: 1st Class Construction AZ LLC DBA: 7145 W Carter Rd Laveen, AZ 85339

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 July 10, 2023

Compliance Jobsite Inspection Notice Re: Complaint No. 2023-02924

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for July 11, 2023 at 11:00 AM to determine the current status of the items listed on the issued Directive.

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

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

Sincerely,

Lisa Melton Lisa Melton, Investigator #206 602 7716736 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

CC: Choose an item. Choose an item. Choose an item. Choose an item.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 (DELETE THIS ADDRESS/PAGE IF NOT WARRANTED)

License mailing address (if different from account/company address of record):

1st Class Construction AZ LLC

7145 W Carter Rd Laveen, AZ 85339

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 (DELETE THIS ADDRESS/PAGE IF NOT WARRANTED)

Complainant Attorney:

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 (DELETE THIS ADDRESS/PAGE IF NOT WARRANTED)

Respondent Attorney:

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

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