2023A-03133-CHC-ROC Notice of Hearing and Packet MAILED

2023A-03133-CHC-ROC · Registrar of Contractors · 2023-09-13

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Michele Mountain , Case No. 2023-03133 COMPLAINANT, Docket No. 2023A-03133-CHC-ROC v. NOTICE OF HEARING ON Wilbac Construction LLC CONTESTED CASE License No. ROC 246036,

RESPONDENT.

This Notice of Hearing is issued under A.R.S. § 41-1092.05(D). HEARING INFORMATION The hearing is set for: October 30, 2023 1:00 PM Brian Del Vecchio Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

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

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

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

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

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

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

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

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

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

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

complaint and citation, which were served on the Respondent on August 15, 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 14, 2023.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail September 14, 2023 to: Respondent(s) Wilbac Construction LLC 2714 N East St Flagstaff, AZ 86004 Complainant(s) Michele Mountain 3224 N Jackrabbit Ln Flagstaff, AZ 86001

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. 2023-03133 /

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: Michele Mountain 3224 N Jackrabbit Ln Flagstaff, AZ 86001

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: Wilbac Construction LLC DBA: 2714 N East St Flagstaff, AZ 86004

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 20, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-03133

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for April 13, 2023 at 11:00 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,

Chris Allison Chris Allison, Investigator #193 Desk: (928) 637-0481 Cell: (928) 210-1587 [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 · 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 Katie Hobbs, Governor Martín Quezada, Director

(DELETE THIS ADDRESS/PAGE IF NOT WARRANTED) License mailing address (if different from account/company address of record):

Wilbac Construction LLC

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

(DELETE THIS ADDRESS/PAGE IF NOT WARRANTED)

Complainant Attorney:

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

(DELETE THIS ADDRESS/PAGE IF NOT WARRANTED)

Respondent Attorney:

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 Complaint #2023-03133 P 1 JSI PHOTOS J Complaint #2023-03133 P 2 JSI PHOTOS J Complaint #2023-03133 P 3 JSI PHOTOS J Complaint #2023-03133 P 4 JSI PHOTOS J Complaint #2023-03133 P 5 JSI PHOTOS J Complaint #2023-03133 P 6 JSI PHOTOS J Complaint #2023-03133 P 7 JSI PHOTOS J Complaint #2023-03133 P 8 JSI PHOTOS J Complaint #2023-03133 P 9 JSI PHOTOS J Complaint #2023-03133 P 10 JSI PHOTOS J Complaint #2023-03133 P 11 JSI PHOTOS J Complaint #2023-03133 P 12 JSI PHOTOS J Complaint #2023-03133 P 13 JSI PHOTOS J Complaint #2023-03133 P 14 JSI PHOTOS J Complaint #2023-03133 P 15 JSI PHOTOS J Complaint #2023-03133 P 16 JSI PHOTOS J Complaint #2023-03133 P 17 JSI PHOTOS J Complaint #2023-03133 P 18 JSI PHOTOS J Complaint #2023-03133 P 19 JSI PHOTOS J Complaint #2023-03133 P 20 JSI PHOTOS J Complaint #2023-03133 P 21 JSI PHOTOS J Complaint #2023-03133 P 22 JSI PHOTOS J Complaint #2023-03133 P 23 JSI PHOTOS J Complaint #2023-03133 P 24 JSI PHOTOS J Complaint #2023-03133 P 25 JSI PHOTOS J Complaint #2023-03133 P 26 JSI PHOTOS J Complaint #2023-03133 P 27 JSI PHOTOS J Complaint #2023-03133 P 28 JSI PHOTOS J Complaint #2023-03133 P 29 JSI PHOTOS J Complaint #2023-03133 P 30 JSI PHOTOS J Complaint #2023-03133 P 31 JSI PHOTOS J Complaint #2023-03133 P 32 JSI PHOTOS J Complaint #2023-03133 P 33 JSI PHOTOS J Complaint #2023-03133 P 34 JSI PHOTOS J Complaint #2023-03133 P 35 JSI PHOTOS J Complaint #2023-03133 P 36 JSI PHOTOS J Complaint #2023-03133 P 37 JSI PHOTOS J Complaint #2023-03133 P 38 JSI PHOTOS J Complaint #2023-03133 P 39 JSI PHOTOS J Complaint #2023-03133 P 40 JSI PHOTOS J Complaint #2023-03133 P 41 JSI PHOTOS J Complaint #2023-03133 P 42 JSI PHOTOS J Complaint #2023-03133 P 43 JSI PHOTOS J Complaint #2023-03133 P 44 JSI PHOTOS J Complaint #2023-03133 P 45 JSI PHOTOS J Complaint #2023-03133 P 46 JSI PHOTOS J Complaint #2023-03133 P 47 JSI PHOTOS J Complaint #2023-03133 P 48 JSI PHOTOS J Complaint #2023-03133 P 49 JSI PHOTOS J Complaint #2023-03133 P 50 JSI PHOTOS J Complaint #2023-03133 P 51 JSI PHOTOS J Complaint #2023-03133 P 52 JSI PHOTOS J Complaint #2023-03133 P 53 JSI PHOTOS J Complaint #2023-03133 P 54 JSI PHOTOS J Complaint #2023-03133 P 55 JSI PHOTOS J Complaint #2023-03133 P 56 JSI PHOTOS J Complaint #2023-03133 P 57 JSI PHOTOS J Complaint #2023-03133 P 58 JSI PHOTOS J Complaint #2023-03133 P 59 JSI PHOTOS J Complaint #2023-03133 P 60 JSI PHOTOS J Complaint #2023-03133 P 61 JSI PHOTOS J Complaint #2023-03133 P 62 JSI PHOTOS J Complaint #2023-03133 P 63 JSI PHOTOS J Complaint #2023-03133 P 64 JSI PHOTOS J Complaint #2023-03133 P 65 JSI PHOTOS J Complaint #2023-03133 P 66 JSI PHOTOS J Complaint #2023-03133 P 67 JSI PHOTOS J Complaint #2023-03133 P 68 JSI PHOTOS J Complaint #2023-03133 P 69 JSI PHOTOS J Complaint #2023-03133 P 70 JSI PHOTOS J Complaint #2023-03133 P 71 JSI PHOTOS J Complaint #2023-03133 P 72 JSI PHOTOS J Complaint #2023-03133 P 73 JSI PHOTOS J Complaint #2023-03133 P 74 JSI PHOTOS J Complaint #2023-03133 P 75 JSI PHOTOS J Complaint #2023-03133 P 76 JSI PHOTOS J Complaint #2023-03133 P 77 JSI PHOTOS J Complaint #2023-03133 P 78 JSI PHOTOS J Complaint #2023-03133 P 79 JSI PHOTOS J Complaint #2023-03133 P 80 JSI PHOTOS J Complaint #2023-03133 P 81 JSI PHOTOS J Complaint #2023-03133 P 82 JSI PHOTOS J Complaint #2023-03133 P 83 JSI PHOTOS J Complaint #2023-03133 P 84 JSI PHOTOS J Complaint #2023-03133 P 85 JSI PHOTOS J Complaint #2023-03133 P 86 JSI PHOTOS J Complaint #2023-03133 P 87 JSI PHOTOS J Complaint #2023-03133 P 88 JSI PHOTOS J Complaint #2023-03133 P 89 JSI PHOTOS J Complaint #2023-03133 P 90 JSI PHOTOS J Complaint #2023-03133 P 91 JSI PHOTOS J Complaint #2023-03133 P 92 JSI PHOTOS J Complaint #2023-03133 P 93 JSI PHOTOS J Complaint #2023-03133 P 94 JSI PHOTOS J Complaint #2023-03133 P 95 JSI PHOTOS J Complaint #2023-03133 P 96 JSI PHOTOS J Complaint #2023-03133 P 97 JSI PHOTOS J Complaint #2023-03133 P 98 JSI PHOTOS J Complaint #2023-03133 P 99 JSI PHOTOS J Katie Hobbs, Governor Martín Quezada, Director

Complainant: Michele Mountain 3224 N Jackrabbit Ln Flagstaff, AZ 86001

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: Wilbac Construction LLC DBA: 2714 N East St Flagstaff, AZ 86004

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 12, 2023

License No. ROC 246036

Re:Complaint No. 2023-03133

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 16, 2023.

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

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

Compliance Item: 3 - Flagstone Removal Flagstone stacked next to the outside chimney is no longer needed and needs to be removed. Investigator’s Observation: Respondent shall remove any leftover construction material.

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

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

Compliance Item: 4 - Paint Irregularities on Stucco Skirting Stucco siding below the bottom edge of wood siding has paint irregularities on all four exterior sides of the house, garage, and concrete back porch. Unpainted stucco is visible in multiple places. This item was on the original punch list given to the Builder before move-in (see March 8, 2021 Suggested Additions/Edits to Completion of House List from me to Builder). Investigator’s Observation: There are areas where paint is missing/peeled off.

Compliance Item: 11 - --Garage: Water pipe on wall above blue expansion tank leaks. Plumber says hose is missing on dripping faucet which fills a bucket every few days. Faucet has no threads for Owner to easily attach a hose to catch overflow water. Investigator’s Observation: Respondent shall correct in an appropriate manner.

Based on an email from the Complainant. It appears that this item may have been corrected by TCR Plumbing after the inspection. Respondent will need to verify with 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

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

Compliance Item: 17 - --Back Porch Leak #3: Metal roof material has numerous leaks from the west wall of the porch to the midway seam, and along the midway seam halfway to the house wall, causing ice on the back porch and ramp (Photos available). Investigator’s Observation: The metal roof has two layers of metal that is staggered. Leaks should not be present

Compliance Item: 19 - --Outdoor Back Porch Water Spigot was repaired once, but is leaking on and off, and still needs a new, larger black handle like I requested originally, in order to be able to tighten it completely. Investigator’s Observation: The spigot is leaking.

Respondent shall correct in an appropriate manner.

Respondent is not required to install a larger handle. This will need to be addressed by the Complainant with a company of her choosing at her expense. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

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

Compliance Item: 20 - --Garage Dog Bath Faucet is not securely installed and dog sprayer needs to be installed, so I can finally use the dog bath. Investigator’s Observation: The faucet is not secured to the wall.

Compliance Item: 21 - --Laundry Room Cabinet Under Sink has several unnecessarily drilled holes on the back wall and floor, and needs to be replaced with the same original cabinet material. Also, the round wall fixture around the waterline is hanging away from the wall opening. Investigator’s Observation: The back of the cabinet has several mis-cut holes. And the escutcheon is not flush and tight to the cabinet.

Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar;

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

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

Compliance Item: 23 - --Master Bathroom Leak in shower sprayer hose, between hose and round wall fixture.

Leak from tub spigot when shower plug is pulled up. I don’t think the correct Kohler diverter has been installed yet, as two Kohler diverters were left by TCR Plumbing at last visit.

Overflow drain cap needs to be repositioned or larger cap replaced to cover drain hole.

Under left sink in cabinet, round wall fixture around the waterline is hanging away from the wall opening. Investigator’s Observation: At the inspection the shower spray hose connection was loose. This is considered owner maintenance.

It is common for some water to come out of the tub spout when water is diverted to the shower head. This is not a workmanship issue.

The overflow cap is not aligned with the hole properly.

The escutcheon should be tight against the cabinet.

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

Compliance Item: 24 - --Guest Bathroom Sink faucet still does not have hot water. Under sink in cabinet, round wall fixture around the waterline is hanging away from the wall opening.

The shower diverter purchased in 2022 is still waiting to be installed and that repair needs to happen through the wall of the adjacent water closet (see plan made by Harrison of TCR Plumbing on June 1, 2022). North wall of water closet needs paint touch-up in sanded area.

The toilet is unusable because I’ve turned off the toilet water, due to a high- pitched screeching sound that evolved into water continually running into the toilet. Investigator’s Observation: At the time of the inspection I was not able to test the hot water due to the Complainant having the hot water tank turned off. I am unable to verify hot water to the sink.

Tested the toilet, functioning appropriately.

The escutcheon is not flush and tight against the cabinet

Shower fixtures were not installed/completed.

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

Compliance Item: 25 - Metal tile-edge finish in all three bathroom tubs and shower areas is cold, sharp-edged, and unaesthetic. It is already coming loose in master bathroom along tub’s outer edge. This design treatment is not similar to any other design elements in the house. Because it does not function well and most of all is unsafe when entering and exiting the tub, it needs to be replaced (I will pay for the cost of additional tile materials for the edge). Can terra cotta grout be used instead? Investigator’s Observation: The schluter tile edging is commonly used in the industry. This is not a workmanship issue.

The trim coming loose in the master bathroom is a workmanship issue.

Compliance Item: 29 - White grout at the top of the tile in all three bathrooms needs to be replaced with terra cotta colored grout similar to the rest of the tile grout or painted with the ceiling paint. Investigator’s Observation: The caulking at the top of the bathrooms is not a similar color to the tile or the ceiling.

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

Compliance Item: 30 - The guest bathtub’s north tile wall under the window has a drilled hole in the tile, to the right of the grab bar. Investigator’s Observation: There are holes in the tile.

Compliance Item: 35 - The entire electrical system needs to be checked, including that all wall outlets are functioning and can carry the load needed on that wall. There are unnecessary switches throughout the house. There are capped locations where light switches were mistakenly installed. Some outlets are not straight up and down. Some, like in the kitchen, are installed at varying heights. Some switches are tilting to the left or right. The entire electrical system is very sloppy Investigator’s Observation: The electrical was inspected and approved by the local building department to meet minimum code. Any additional

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

evaluation of the electrical system would need to be handled by the Complainant, at complainant’s expense.

Outlet and switches are not plumb and true.

Compliance Item: 36 - --Electrical Panel Door is bent and very hard to enter and exit for a non-contractor person. Investigator’s Observation: main breaker box door is hard to open and shut/lock. It appears it is bent.

Compliance Item: 41 - --West Wall of Garage, Wood Cabinet For The Wi-fi System still lacks a door. Builder installed a bathroom medicine cabinet with a mirrored door that looked like it belonged in a bathroom. Before I moved in, I asked him to replace it with a wood door. Investigator’s Observation: The door is missing.

Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar;

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

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

Compliance Item: 43 - --On the Back Porch there is an electrical outlet hanging from the porch roof, with exposed wires on the west wall of the porch. Investigator’s Observation: Outlet needs to be secured and protected from the elements.

Compliance Item: 46 - --Kitchen Counter Outlets are installed in random places without much forethought and at varying heights. East wall outlets to the left of the stove are placed dissimilarly, and one moves left to right, and in and out. North wall has two outlets above a wet area near the sink and placed closely together. Investigator’s Observation: Outlet locations were inspected and approved by the local building department to meet minimum code. No corrective action required.

Some outlets are not secure, plumb and true.

Compliance Item: 47 - --Kitchen Island Outlet

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

I asked for an outlet to be on the right side of the island for my cell phone and vacuum/floor polisher. It is on the floor underneath the island and is unusable. It’s also not charging my phone. Investigator’s Observation: Outlet does not work.

Compliance Item: 51 - Most of the 12 interior doors have an unfinished 1- inch edge with stain drips from staining the back and front of the doors and slashes from installing the door handles. They are very rough looking and do not look finished. Investigator’s Observation: Several doors have missing stain and drips.

Compliance Item: 59 - --Dining room door and window frames have color variations and visible patching material left unstained. Investigator’s Observation: The inherent nature of wood is that stain will not take the same in all areas.

Respondent shall correct any unstained areas in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar;

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

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

Compliance Item: 60 - --Hallway bathroom’s door frame has been pieced together on the right and looks shabby. Investigator’s Observation: The door trim is pieced together. Trim should be full length pieces.

Compliance Item: 64 - Streaked Paint Garage north and west walls, master bedroom hallway, master bath and water closet, guest bedroom hallway, guest bathroom and water closet, and living room ceiling. Investigator’s Observation: There are several areas throughout the home where the possible touch up paint appears to be a different sheen, and is noticeable to the naked eye at normal viewing angles.

Compliance Item: 66 - Two doors, the dining room door and the guest bedroom door, have areas against the bottom door frame that need grouting where there is no tile. Grout should be matched to floor tile grout color.

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: The tile was not finished appropriately at the doors.

Compliance Item: 68 - The refrigerator and the stove have scratches from unpacking or installing. Two young, completely unexperienced students were unpacking the appliances. When I informed the Builder, he told me to use a product for scratches. Investigator’s Observation: Damage to manufactured surfaces such as cabinets must be reported to the Contractor within 10 days of occupancy. There was no documentation provided to show that this was done.

At this time I am unable to verify a violation of state statute. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 70 - Bathtub Dings in Both Bathtubs The Builder unpacked and installed both tubs and did not inform me of any damage. Shortly after I moved in I discovered both tubs have dings in the acrylic and added both tubs to our plumbing punch list. The Builder’s partner told me in May 2022 they could be repaired, but nothing has been done. Investigator’s Observation: There are dings and scuffs in the tub(s). The Respondent was notified in the appropriate time frame.

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

Compliance Item: 71 - --Master Bathtub—one black slash and one dink on the left of the overflow cap Investigator’s Observation: There are dings and scuffs in the tub(s). The Respondent was notified in the appropriate time frame.

Compliance Item: 72 - --Guest Bathtub—two dinks on the right of the shower system. Investigator’s Observation: There are dings and scuffs in the tub(s). The Respondent was notified in the appropriate time frame.

Compliance Item: 73 - Four closet shelves and brackets need to be painted the wall color. The shelves are too rough to store any clothing on. Investigator’s Observation: The shelves are rough and will damage clothing put on them.

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

Compliance Item: 77 - Smoke Detectors Before I moved in some old batteries were used in the smoke detectors throughout the house. In the middle of the night a few months after I moved in, several alarms went off beeping and yelling “Fire, fire!” I was able to open a few of them with a stick, remove the batteries, and they stopped, but one was going off intermittently for several days until the Builder came to replace the batteries. He said he would lower the two alarms in the bedrooms where I cannot reach even on a ladder, but he has not been back. The Builder took one of the alarms with him, and that bedroom does not have any coverage. Also, one alarm in the guest bedroom hallway is malfunctioning and does not have a green light even with a new battery. These two smoke detectors need to be fixed and reinstalled ASAP, as I’m waiting to move into the guest bedroom. Investigator’s Observation: The Respondent shall replace the detectors he removed. However the agreement to lower the other detectors is not within the Registrar's jurisdiction.

Compliance Item: 79 - --Gaping Air Holes Around Garage Doors: There are gaps around the garage doors which allow cold air, large spiders, and even a baby bunny to enter. I have to continue to hammer the sealer back into the

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

garage door jamb, but there are still openings. Investigator’s Observation: Adjustment of doors is considered owner maintenance after 1 year of occupancy. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 80 - --Chipping Paint and Product Stickers on Garage Door: Chipping paint from when the garage was painted is on the top edge of the two garage doors and the pipe above each garage door. Investigator’s Observation: Paint should last 2 years minimum.

Compliance Item: 81 - --Missing Caulking at Bottom of Tile: Where the tile edging meets the three walls of the garage’s cement floor, there is a gap that collects dirt and it was like that since the day I moved in. Impossible to keep clean. Is there usually caulking or a trim to close this gap? Investigator’s Observation: Tile should have caulking/grout.

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

Compliance Item: 85 - Office electrical outlet on east wall is not secured to the wall. Investigator’s Observation: Outlet is not secure.

Compliance Item: 86 - Front door floor tiles do not meet the door jamb, like all of the other outside doors. Investigator’s Observation: There is a gap between the door and the tiles.

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

Compliance Item: 1 - Boulder Removal The Lockett Ranches HOA (LRHOA) set a deadline of May 28, 2022 for the boulder removal to be completed. At the time, homeowners were being charged $1500 or more by the LRHOA for being out of compliance on new building projects. I sent the Builder a notification by registered mail on April 8, 2022 and the notice was picked up by the Builder on April 23, 2022 at the Flagstaff Post Office 86004. The Builder did not respond and left the Owner alone to deal with LRHOA and complete Builder’s year-old incomplete project. The

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

boulder removal was completed on 6/9/22 by Warner’s Landscape Company and the Owner paid $250 (See Receipts). Investigator’s Observation: This item has been corrected prior to the inspection. Governing Rule:

Compliance Item: 2 - Tree Removal The Builder has verbally agreed to remove all trees that die due to house construction, water and septic tank installation, and fencing. Three dead Ponderosa Pines were removed in early 2022. Another Ponderosa Pine has died and needs to be removed. It is in the backyard, next to the east side of the concrete back patio. Investigator’s Observation: I was not present for the verbal agreement. Therefore, I cannot make a determination on responsibility. Governing Rule:

Compliance Item: 5 - Fence and Gates Builder agreed to build fence according to original Alamo Fence Co. plan. Fence materials were changed by Builder while at Phoenix supplier, purchased, and hauled to Flagstaff without even a phone call about the change of specs.

Fence posts are irregularly placed, causing a very noticeable eyesore to the view of the forest. The Builder had post holes drilled in advance and they were all evenly spaced. Unsupervised crew installed posts in additional irregular locations due to underground rocks. Owner spoke to the Builder about the irregular spacing and her concerns were ignored. I have examined most of Lockett Ranches’ fences, some on very rocky soil, and not one of them has irregularly spaced fence posts.

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

Owner is unable to open small back gate, hatch is jammed. Both gates should be checked for opening. Rust-free hinges have been installed on raw steel gates that are intentionally meant to rust. Investigator’s Observation: The soil/terrain is very rocky. This often leads to fence post locations being adjusted.

At the time of the inspection the gate opened.

The hinges installed are not a workmanship violation.

No workmanship violations noted. Governing Rule:

Compliance Item: 6 - Septic Septic has bad smell in back yard, even on the back porch at times. Unlike the other two bathrooms, the Hallway Bathroom drain and toilet require constant treatment. The toilet has to be treated with septic enzyme product and shower drain has to be treated with vinegar once or twice a week in order to keep the terrible smell inside and outside mostly under control. I suspect there is a septic design problem for that bathroom, since neither of the other bathrooms have this problem.

The Hallway Bathroom shower drain was installed with a silver drain plate, which I’ve replaced with black like all of the other fixtures in the house. It was grouted in, and the plumber removed the grout because it needs to be removable in order to clean the drain regularly. The drain edges are sharp, and are a foot hazard and should be sanded down and regrouted (?). Investigator’s Observation: The septic system and plumbing was inspected and approved by the county. No violation noted.

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

Since the original drain was altered by the complainant or someone hired by the complainant. The Respondent’s work was subject to neglect, modification, or abnormal use. For that reason, the Registrar is prohibited from issuing a citation for the Respondent’s alleged poor workmanship or alleged departure from applicable building codes. See A.R.S. § 32-1155(D)(2). Governing Rule:

Compliance Item: 7 - --Spigot at the well site—why is there a spigot at this location when water does not come out? Investigator’s Observation: This spigot is for servicing the well.

No violation noted. Governing Rule:

Compliance Item: 8 - Dog Ramp and Doggie Door Lock Unfinished Ramp was never stained with all-weather product.

Ramp was supposed to have rubber inlay.

Doggie door was supposed to be lockable. As is, my house is not completely locked and can be entered at any time. During planning of the location for a doggie door, I had reservations about the location under the kitchen counter because it needed to lock and could not be locked on the inside. The Builder assured me that he would come up with a workable solution for locking the doggie door on the outside. I’ve been lucky that I haven’t had any break in problems for the last two years, but if I do, I’m sure there’s liability of the Builder. This should be completed ASAP. This item was on the punch list before move-in (see March 8, 2021 Suggested Additions/Edits to Completion of

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

House List from me to Builder). Investigator’s Observation: Based on the documents provided the dog ramp was not part of the original contact or any approved change orders. The ramp is completed and is under a covered patio, which is considered protection of the wood.

Dog doors are not impenetrable even when the plastic cover is installed. The location approved for the dog door does not allow for the plastic cover to be used. However, because the location was approved, and the complainant was aware that the plastic cover could not be used. This is not considered an workmanship violation. Governing Rule:

Compliance Item: 8 - --Spigot on west side of garage does not work. Last time Harrison from TCR Plumbing was here, he said he needed to know where the turnoffs are in order to work on these. Investigator’s Observation: Showed Complainant where the shutoff for the spigot is located in the garage.

No violation noted. Governing Rule:

Compliance Item: 10 - BlueSpan Wi-fi Cord Cut Owner paid $238 (See Receipts) to BlueSpan to reestablish wi-fi service after Builder’s crew cut the recently installed wi-fi cable while installing fence. Builder agreed to reimburse Owner3, but Owner never received payback. Investigator’s Observation: This is a financial dispute outside the Registrar's jurisdiction. Governing Rule:

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

Compliance Item: 12 - --Fireplace: When it rains, you can hear leaks in four spots onto the top of the gas fireplace inside the chimney. Investigator’s Observation: There was no evidence of water damage. It is likely that the dripping sound heard is water hitting the flue. This is common and not a workmanship issue. Governing Rule:

Compliance Item: 13 - --Stove Hood: When it rains, you can hear leaks onto the top of the stove hood inside the wall. Investigator’s Observation: There was no evidence of water damage. It is likely that the dripping sound heard is water hitting the vent pipe. This is common and not a workmanship issue. Governing Rule:

Compliance Item: 14 - --Front Door: Water marks are visible from the top on the inside of the front door Investigator’s Observation: There are water marks visible on the front door. It appears that the door may need to be adjusted. Adjustment of doors and windows are only required within in the first year of occupancy. After 1 year it is considered owner maintenance.

This item is considered owner maintenance. Governing Rule:

Compliance Item: 15 - --Back Porch Leak #1: On the exterior of the kitchen window, when it rains water flows down from above the kitchen window to the west wall of the patio, causing rain and ice on the back porch and endangering the wood house siding and wood window trim. Investigator’s Observation: The patio/porch cover is free standing (not attached to house/roof). This is not a workmanship issue. The 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

may want to consider having gutters added to the house roof. Governing Rule:

Compliance Item: 16 - --Back Porch Leak #2: On the west wall of the back porch, against the master bedroom, rain and snow melt runs down the siding and window to the light fixture, causing ice on the back porch and ramp, and endangering the wood house siding and wood window trim (Photos available). Investigator’s Observation: The patio/porch cover is free standing (not attached to house/roof). This is not a workmanship issue. The Complainant may want to consider having gutters added to the house roof. Governing Rule:

Compliance Item: 18 - --Outdoor Water Spigot next to the east wall of the garage does not work and is the only water spigot in the front of the house. Investigator’s Observation: The spigot has a shutoff in the garage. Complainant was shown the location. Governing Rule:

Compliance Item: 26 - Tile in tub surrounds have been built 2 inches lower than it should have been in order to create a seat to safely enter and exit the tubs. The tile surround of both tubs needs to be raised to the level of the tubs. Investigator’s Observation: The tub is installed correctly and was inspected by the local building department to meet minimum code.

This meets workmanship standards. Governing Rule:

Compliance Item: 27 - Even with the present two grab bars in each tub, for safety in entering and exiting, I will need an additional Kohler grab bar installed in each tub (I will buy the two additional grab bars).

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: This is not a workmanship issue. The Complainant will need to hire a contractor of her choosing to add additional grab bars. Governing Rule:

Compliance Item: 28 - Tile behind both diverters has been messily replaced with grout that is too dark and needs to be replaced with lighter terra cotta grout similar to the rest of the tile grout. Investigator’s Observation: The grout is darker but similar in color. Workmanship standard state:

PD Grout discoloration.

AT Some discoloration is inherent in all Portland cement based products. Discoloration may occur due to job-site conditions, individual characteristics of ceramic tile, variances in the rate of hydration, etc. Excessive discoloration is unacceptable. Contractor is not responsible for discoloration after the first year nor for discoloration caused by the use of waxes, sealers, cleaning solutions, etc., not applied or recommended by the contractor or manufacturer.

CR Contractor should make necessary repairs within the first year.

The home is outside the 1 year mark. No corrective actions required. Governing Rule:

Compliance Item: 31 - Grout is missing behind the kitchen sink faucet, where the quartz counter meets the wall. Investigator’s Observation: Caulking is missing behind the sink faucet.

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

However, caulking is considered owner maintenance after the 1st year of occupancy. Governing Rule:

Compliance Item: 32 - Grout on all tile throughout the house was supposed to be terra cotta colored, the original choice. Some areas in the 3 baths and kitchen are a darker brown grout. Investigator’s Observation: The grout is darker but similar in color. Workmanship standard state:

PD Grout discoloration.

CR Contractor should make necessary repairs within the first year.

The home is outside the 1 year mark. No corrective actions required. Governing Rule:

Compliance Item: 34 - During his one visit after I moved in, the Builder’s partner Dennis Baca told me that he advises his clients not to buy matte tiles and if they do buy them, the tiles should be coated with a sealant. The Builder never gave me this advice, but after living with the tiles, I think they should be

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

sealed (I will purchase a nontoxic sealant). Investigator’s Observation: This is a statement and not an allegation of poor workmanship I can inspect too.

If the Complainant chooses to have the tile sealed she can address that with a contractor of her choosing. Governing Rule:

Compliance Item: 37 - --Outside Front Porch outlet does not work and needs at least two plugs for Christmas lights or snow melting mats. Investigator’s Observation: The outside porch light is connected to a GFCI outlet that was tripped. Once reset the outlet worked. Governing Rule:

Compliance Item: 38 - --East Wall of Garage, in addition to outlets for water heater and water filtration system, there are two outlets which are no longer working. Before electrical was installed, I gave the Builder a diagram of where I needed to place two chest freezers and a refrigerator along the east wall (see Garage Outlets diagram). The electrical load was only able to run two freezers when those outlets were working. There is no place to run a refrigerator. Investigator’s Observation: At the time of the inspection all outlets are working. The breaker size is standard for the application.

No workmanship issues noted. Governing Rule:

Compliance Item: 39 - --North Wall of Garage has two outlets, but is only able to carry the load of one freezer on an extension cord. Investigator’s Observation: The breaker is a 20 amp. This is the size

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

required by code. Depending on the draw from the freezer it is possible that more than one appliance plugged in will trip the breaker.

This is not a workmanship issue. Governing Rule:

Compliance Item: 40 - --West Wall of Garage has three outlets and I am only able to run the wi-fi system from one outlet. Investigator’s Observation: All outlet were working at the time of the inspection. Governing Rule:

Compliance Item: 42 - --Two 11 Amp Electric Walkway Snow and Ice Melting Mats are on my front walkway. I either need to plug them into the outside front porch outlet (out of order) or the garage. Currently I am only able to run them by running two extension cords to my laundry room. Investigator’s Observation: The breakers are 20 amp breakers. This is required by code. Running two mats on the same circuit will trip the breaker.

No workmanship issues noted. Governing Rule:

Compliance Item: 44 - The switch to turn on the back porch light on the west house wall is inside in the master bedroom. It’s unworkable to run to the master bedroom when you’re trying to see something on the back porch. Can the on switch be on the outside wall of the master bedroom? Investigator’s Observation: The switch is in a standard location.

No workmanship issues noted. Governing Rule:

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

Compliance Item: 45 - --Laundry Room Outlets The outlet over the washer trips easily with only one extension cord for a snow melting mat. Currently using one extension cord in each outlet for the two snow melting mats on the front walkway. Investigator’s Observation: Over loading the out will cause it to trip. Outlet is installed and functioning correctly.

No workmanship issues noted. Governing Rule:

Compliance Item: 48 - --Four Corners of House Eaves have capped outlet boxes without any switches or explanation. Builder and I agreed on emergency lights in the four corners of the house/garage, but not motion detectors due to wildlife in the area. A workman told me that the boxes were installed for exterior lighting, however there is no electrical wiring in the house that goes to the boxes. Investigator’s Observation: Boxes were installed incase Complainant wanted to ad exterior/security lighting at a later date.

No workmanship issues noted. Governing Rule:

Compliance Item: 49 - --Furnace I moved in April 2021 and didn’t use the furnace until October 2021. Over time the furnace became louder and louder and continually cycled on and off, until finally in March 2022 the Builder called in Master Mechanical when I couldn’t stand the sound level any longer. Master Mechanical did a thorough check and determined that the pleated, highly rated filter I installed was causing the

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problems. I was instructed to change the non-pleated, low rated filters once a month, and the lack of airflow was corrected.

I was charged $180 for the very thorough hour and a half check-up, which I did not order (See Receipts). Before Master Mechanical visit was scheduled, I told the Builder I thought it was a filter problem because of the rattling in the room where the inflow vent is. This exact furnace was installed in the Builder’s spec home and I believe he said he had installed the same furnace in his own home. You would think that he would know which filters this model needed, however I was not given any furnace operating information and I was using what I thought was the best filter I could buy. In the end, it was a filter problem and the extensive check-up was not needed.

I talked to the Master Mechanical tech about the inability to heat the home completely, and that I was sealing off the master bedroom and closing certain vents throughout the house in order to force heated air into the rest of the house. He said that a house of this size (2770 sq ft) may need two furnaces to function fully. He said that there’s a test for this, but that it’s very expensive. Investigator’s Observation: Furnace installation and capacity was inspected and approved by the local building department to meet minimum code requirements.

No workmanship issues noted. Governing Rule:

Compliance Item: 50 - --Air Conditioner I finally used the air conditioner during the Spring 2022 fires and Summer 2022. With all of the windows closed and the air conditioner running all day long, the coolest temperature it reached was 77 degrees. It says online that a

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whole house air conditioner should lower the temperature 20 degrees. Summer 2022 temperatures reached just under 90 degrees. I don’t think my air conditioner is providing 20 degrees of cooling and may not, like the furnace, be adequate for the size of house. Investigator’s Observation: The AC is a 5 ton unit and is sized appropriately. I was unable to test the function of the unit do to the cold outside temps.

At this time there is insufficient evidence to verify a violation of state statute. Governing Rule:

Compliance Item: 52 - During warm times of the year, some doors stick-- the two entry closet doors, the guest bedroom closet door, and dining room door. All doors should be checked. Investigator’s Observation: Adjustment of doors is considered owner maintenance after the first year of occupancy. Governing Rule:

Compliance Item: 53 - Some door handles stick and cannot be easily opened, and all should be checked. Investigator’s Observation: Adjustment of doors is considered owner maintenance after the first year of occupancy. Governing Rule:

Compliance Item: 54 - Dining room door and guest bedroom door to patio have gaping spaces under doors, allowing small spiders to enter and build webs along the bottom. Investigator’s Observation: Adjustment of doors is considered owner maintenance after the first year of occupancy. Governing Rule:

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Compliance Item: 55 - Master bedroom patio door does not deadbolt. Investigator’s Observation: Adjustment of doors is considered owner maintenance after the first year of occupancy. Governing Rule:

Compliance Item: 56 - Garage north door is hard to close. Investigator’s Observation: Adjustment of doors is considered owner maintenance after the first year of occupancy. Governing Rule:

Compliance Item: 57 - The Builder was unhappy that I requested nontoxic stain throughout the house on the window and door frames, the baseboards, and the interior doors. I purchased all of the stain. The Builder and crew applied too many coats of stain, then blamed the stain when I complained it was too dark. At the end of the building project, the move-in date was moved back twice to address my concerns about the wood staining throughout the house. Some of the door and window frames still have wide variations of the color they were supposed to be. All window and door frames throughout the house need to be checked for irregularities. Investigator’s Observation: An inherent nature of wood is that stain does not take the same to every piece. The staining throughout the house is very close in color.

No workmanship issues noted. Governing Rule:

Compliance Item: 58 - --Kitchen window frame was sprayed with ammonia by an unskilled worker to lighten the color, and he just left it a raw oak color. Investigator’s Observation: The kitchen window trim does have a film

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

or damage. However, I was not present when the damage occurred. Therefore, I cannot determine the cause. Governing Rule:

Compliance Item: 61 - --Nearly all of the baseboards are so dark they look black rather than mahogany from too many coats of stain being applied. Investigator’s Observation: This is an opinion and not a workmanship issue I can inspect too. Governing Rule:

Compliance Item: 62 - --Entryway closet doors are stained differently. Investigator’s Observation: The inherent nature of wood is that stain will not take the same in all areas.

No workmanship issues noted. Governing Rule:

Compliance Item: 63 - --Front door framing inside and out needs stain. Investigator’s Observation: Door Frame appears to have stain on it.

No workmanship issues noted. Governing Rule:

Compliance Item: 64 - Flooring There are pops in the floor tile in two locations: the office doorway and entering the master bedroom. Investigator’s Observation: Not able to replicate at inspection.

Insufficient evidence to verify. Governing Rule:

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Compliance Item: 67 - The upper cabinet door to the left of the kitchen window is coming apart. In the lower right corner of the cabinet door, it’s dented and you can see someone tried to mend it with a clear substance. The Builder was the cabinet installer, so he should have noted the damage and dealt with the cabinet maker through HomeCo Ace Hardware. The only other possibility is that the Builder or crew member damaged it, tried to fix it, and then hung it without telling me. The cabinet door needs to be replaced. The Builder knows about this since right after move-in.

The wood panel to the right of the stove was damaged when I opened the cabinet to put pots and pans away. The panel has been installed in the wrong position for the cabinet door to open. I need this storage area and have been without it since move-in. I showed the Builder this damaged wood panel right after I moved in. Investigator’s Observation: Damage to manufactured surfaces such as cabinets must be reported to the Contractor within 10 days of occupancy. There was no documentation provided to show that this was done.

At this time I am unable to verify a violation of state statute. Governing Rule:

Compliance Item: 69 - Two Sink Drains in Kitchen and Laundry Room These two sink drains were supposed to be black like all of the other fixtures in the house. They started out black, but have worn down to copper, and they soon will be silver. These two sink drains should be replaced with quality black metal that will not rub off.

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Investigator’s Observation: Normal wear of the finish of household fixtures is considered owner maintenance.

Because it is common for multiple different chemicals and cleaners to be dumped down sinks this is considered normal wear. Governing Rule:

Compliance Item: 74 - Hallway pantry/utility closet has no shelves, although the Builder’s spec home clearly had shelving in the pantry. Investigator’s Observation: There are no shelves in the hallway closet. However, With the documentation provided I am unable to determine if shelves were required as part of the contract.

At this time there is insufficient evidence to verify this allegation. Governing Rule:

Compliance Item: 75 - Metal Edging of Tile in Bathrooms The Builder waited to the end of the tiling project around the bathtubs to inform me that he was unable to find a tile edging material. He used a metal L- shaped material that is hard and cold, and is coming off already in the master bathroom. When the metal edging was being installed, I told the Builder I didn’t like it. He responded that he couldn’t find anything else for the edging. This metal material is not satisfactory for this use and needs to be removed. I will pay for the additional tile edging material which he will need to install. Or maybe we can use terra cotta colored grout instead of metal. Investigator’s Observation: The metal edging is standard in the industry. The Complaint may replace it with a contractor of her choosing at her own expense. Governing Rule:

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

Compliance Item: 76 - Fireplace At the beginning of the 2021 winter, I turned on the gas fireplace and the living room was immediately filled with toxic fumes. I turned it off and spent the next four hours with windows open trying to recover from an asthma attack the fumes had caused. The Builder told me the fireplace had been burned out and was ready to go. I still have not been able to use the fireplace because I cannot be in the house during or after it’s been burned out. It is a health hazard. I went to Roof Dancers and they said the fumes are from the materials on the surface of the stove.

I don’t know if the Control Damper was installed by Roof Dancers. This item was on the punch list before move in (see March 8, 2021 Suggested Additions/Edits to Completion of House List from me to Builder). Investigator’s Observation: This is not a workmanship allegation I can inspect too. Governing Rule:

Compliance Item: 78 - --Garage Doors Malfunctioning: Soon after I moved in, I informed the Builder that the Lift Master garage doors were not working with the remotes or the outside switch mounts. The only way to open and close the garage doors is to use the switch on the inside east wall of the garage. That switch is very particular and only works if you push the upper right corner of the switch. The Builder said he would take care of it. Months later I asked for repair again and the Builder gave me the Home Depot supplier Clopay’s phone number. He said he’d been told it was probably a computer board that needed replacing. I called Clopay, but was told they are not based in Flagstaff and do not provide service to the Flagstaff area. I told the Builder and requested another solution, but nothing has ever happened. I have been struggling with these garage doors for nearly two years now, and in winter weather it is

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

especially inconvenient. Investigator’s Observation: The garage door does not appear to be paired with the openers. However, there was no documentation provided showing the malfunctioning openers to the builder within 10 days of occupancy. Governing Rule:

Compliance Item: 82 - No House Maintenance Instructions Provided Just a pile of manuals. No contractor contact info. No product info such as interior and exterior paint, stain brands, and colors. No furnace, air conditioner, well pump, water system and turnoffs, gas turnoffs, electrical panel, septic information was given. No in-depth walk through was provided. Investigator’s Observation: This is not a workmanship issue I can inspect too. Governing Rule:

Compliance Item: 83 - Hot condensation everywhere in garage-ceiling, windows, walls, truck, and all pipes. Condensation coming from drainage pipe in wall of dog wash. Garage air was hot like a steam bath. It was Easter weekend, so I called a friend who is a licensed plumber and paid him $40 to some on Monday evening to diagnose the problem. Hot water heater was set between A and B in very hot range, It's been set that hot since it was installed and it has worn out the hot water valve on the water heater. He turned off all hot water on the water heater and throughout the house (3 turnoff sites). The hot water valve needs to be replaced and I can expect a high gas bill. TCR Plumbing is coming this afternoon to replace the valve. Investigator’s Observation: The hot water heater was off during the inspection. It appears the Complainant has a TCR Plumbing out after the

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inspection to fix this. Governing Rule:

Compliance Item: 84 - Toilet tank wiggles and has a dripping sound in tank. Investigator’s Observation: I tested the tank it is secure and functioning properly. Governing Rule:

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

Sincerely,

Chris Allison Chris Allison, Investigator #193 Desk: (928) 637-0481 Cell: (928) 210-1587 [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.

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Jobsite Inspection Notes

Case No.: 2023-03133 Investigator: Chris Allison Inspection Date: April 13, 2023 Inspection Time: 11:00 AM

Complainant: Michele Mountain Respondent: Wilbac Construction Not Present: LLC Not Present:

Jobsite General Notes:

On 3/13/2023, The Complainant filed a complaint against the Respondent for alleged workmanship violations arising from work performed at the Complainant’s residence located at 3224 N Jackrabbit Lane, Flagstaff, Arizona. The Complainant has indicated on the complaint that the work was started on 6/18/2018, and completed on 4/27/2021.

Complaint Item: 1 - Boulder Removal The Lockett Ranches HOA (LRHOA) set a deadline of May 28, 2022 for the boulder removal to be completed. At the time, homeowners were being charged $1500 or more by the LRHOA for being out of compliance on new building projects. I sent the Builder a notification by registered mail on April 8, 2022 and the notice was picked up by the Builder on April 23, 2022 at the Flagstaff Post Office 86004. The Builder did not respond and left the Owner alone to deal with LRHOA and complete Builder’s year-old incomplete project. The boulder removal was completed on 6/9/22 by Warner’s Landscape Company and the Owner paid $250 (See Receipts). Investigator’s Observation: This item has been corrected prior to the

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inspection. Governing Rule:

Complaint Item: 2 - Tree Removal The Builder has verbally agreed to remove all trees that die due to house construction, water and septic tank installation, and fencing. Three dead Ponderosa Pines were removed in early 2022. Another Ponderosa Pine has died and needs to be removed. It is in the backyard, next to the east side of the concrete back patio. Investigator’s Observation: The Registrar was not present for the verbal agreement. Therefore cannot comment on it. Governing Rule:

Complaint Item: 3 - Flagstone Removal Flagstone stacked next to the outside chimney is no longer needed and needs to be removed. Investigator’s Observation: Respondent shall remove any leftover construction material.

Complaint Item: 4 - Paint Irregularities on Stucco Skirting Stucco siding below the bottom edge of wood siding has paint irregularities on all four exterior sides of the house, garage, and concrete back porch. Unpainted stucco is visible in multiple places. This item was on the original punch list given to the Builder before move-in (see March 8, 2021 Suggested Additions/Edits to Completion of House List from me to Builder). Investigator’s Observation: There are areas where paint is missing/peeled off.

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Complaint Item: 5 - Fence and Gates Builder agreed to build fence according to original Alamo Fence Co. plan. Fence materials were changed by Builder while at Phoenix supplier, purchased, and hauled to Flagstaff without even a phone call about the change of specs.

Fence posts are irregularly placed, causing a very noticeable eyesore to the view of the forest.

The Builder had post holes drilled in advance and they were all evenly spaced. Unsupervised crew installed posts in additional irregular locations due to underground rocks. Owner spoke to the Builder about the irregular spacing and her concerns were ignored. I have examined most of Lockett Ranches’ fences, some on very rocky soil, and not one of them has irregularly spaced fence posts. Owner is unable to open small back gate, hatch is jammed. Both gates should be checked for opening. Rust-free hinges have been installed on raw steel gates that are intentionally meant to rust. Investigator’s Observation: The soil/terrain is very rocky. This often leads to fence post locations being adjusted.

At the time of the inspection the gate opened.

The hinges installed are not a workmanship violation.

No workmanship violations noted. Governing Rule:

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Complaint Item: 6 - Septic Septic has bad smell in back yard, even on the back porch at times. Unlike the other two bathrooms, the Hallway Bathroom drain and toilet require constant treatment. The toilet has to be treated with septic enzyme product and shower drain has to be treated with vinegar once or twice a week in order to keep the terrible smell inside and outside mostly under control. I suspect there is a septic design problem for that bathroom, since neither of the other bathrooms have this problem.

Complaint Item: 7 - --Spigot at the well site—why is there a spigot at this location when water does not come out? Investigator’s Observation: This spigot is for servicing the well.

No violation noted. Governing Rule:

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Complaint Item: 8 - --Spigot on west side of garage does not work. Last time Harrison from TCR Plumbing was here, he said he needed to know where the turnoffs are in order to work on these. Investigator’s Observation: Showed Complainant where the shutoff for the spigot is located in the garage.

No violation noted. Governing Rule:

Complaint Item: 8 - Dog Ramp and Doggie Door Lock Unfinished Ramp was never stained with all-weather product.

Ramp was supposed to have rubber inlay.

violation. Governing Rule:

Complaint Item: 10 - BlueSpan Wi-fi Cord Cut Owner paid $238 (See Receipts) to BlueSpan to reestablish wi-fi service after Builder’s crew cut the recently installed wi-fi cable while installing fence. Builder agreed to reimburse Owner, but Owner never received payback. Investigator’s Observation: This is a financial dispute outside the Registrar's jurisdiction. Governing Rule:

Complaint Item: 11 - --Garage: Water pipe on wall above blue expansion tank leaks. Plumber says hose is missing on dripping faucet which fills a bucket every few days. Faucet has no threads for Owner to easily attach a hose to catch overflow water. Investigator’s Observation: Respondent shall correct in an appropriate manner.

Based on an email from the Complainant. It appears that this item may have been corrected by TCR Plumbing after the inspection. Respondent will need to verify with Complainant. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 12 - --Fireplace: When it rains, you can hear leaks in four spots onto the top of the gas fireplace inside the chimney. Investigator’s Observation: There was no evidence of water damage. It is likely that the dripping sound heard is water hitting the flue. This is common and not a workmanship issue. Governing Rule:

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Complaint Item: 13 - --Stove Hood: When it rains, you can hear leaks onto the top of the stove hood inside the wall. Investigator’s Observation: There was no evidence of water damage. It is likely that the dripping sound heard is water hitting the vent pipe. This is common and not a workmanship issue. Governing Rule:

Complaint Item: 14 - --Front Door: Water marks are visible from the top on the inside of the front door Investigator’s Observation: There are water marks visible on the front door. It appears that the door may need to be adjusted. Adjustment of doors and windows are only required within in the first year of occupancy. After 1 year it is considered owner maintenance.

This item is considered owner maintenance. Governing Rule:

Complaint Item: 15 - --Back Porch Leak #1: On the exterior of the kitchen window, when it rains water flows down from above the kitchen window to the west wall of the patio, causing rain and ice on the back porch and endangering the wood house siding and wood window trim. Investigator’s Observation: The patio/porch cover is free standing (not attached to house/roof). This is not a workmanship issue. The Complainant may want to consider having gutters added to the house roof. Governing Rule:

Complaint Item: 16 - --Back Porch Leak #2: On the west wall of the back porch, against the master bedroom, rain and snow melt runs down the siding and window to the light fixture, causing ice on the back porch and ramp, and endangering the wood house siding and wood window trim (Photos available). Investigator’s Observation: The patio/porch cover is free standing (not attached to house/roof). This is not a workmanship issue. The Complainant may

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

want to consider having gutters added to the house roof. Governing Rule:

Complaint Item: 17 - --Back Porch Leak #3: Metal roof material has numerous leaks from the west wall of the porch to the midway seam, and along the midway seam halfway to the house wall, causing ice on the back porch and ramp (Photos available). Investigator’s Observation: The metal roof has two layers of metal that is staggered. Leaks should not be present

Complaint Item: 18 - --Outdoor Water Spigot next to the east wall of the garage does not work and is the only water spigot in the front of the house. Investigator’s Observation: The spigot has a shutoff in the garage. Complainant was shown the location. Governing Rule:

Complaint Item: 19 - --Outdoor Back Porch Water Spigot was repaired once, but is leaking on and off, and still needs a new, larger black handle like I requested originally, in order to be able to tighten it completely. Investigator’s Observation: The spigot is leaking.

Respondent shall correct in an appropriate manner.

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

Complaint Item: 20 - --Garage Dog Bath Faucet is not securely installed and dog sprayer needs to be installed, so I can finally use the dog bath. Investigator’s Observation: The faucet is not secured to the wall.

Complaint Item: 21 - --Laundry Room Cabinet Under Sink has several unnecessarily drilled holes on the back wall and floor, and needs to be replaced with the same original cabinet material. Also, the round wall fixture around the waterline is hanging away from the wall opening. Investigator’s Observation: The back of the cabinet has several mis-cut holes. And the escutcheon is not flush and tight to the cabinet.

Complaint Item: 22 - --Kitchen Cabinet Under Sink has two holes for water lines in floor and an unnecessary rectangular hole which allow black widow spiders to enter this cabinet. Investigator’s Observation: The cabinet has mis-cut/unnecessary holes.

Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar;

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

Complaint Item: 23 - --Master Bathroom Leak in shower sprayer hose, between hose and round wall fixture.

Leak from tub spigot when shower plug is pulled up. I don’t think the correct Kohler diverter has been installed yet, as two Kohler diverters were left by TCR Plumbing at last visit.

Overflow drain cap needs to be repositioned or larger cap replaced to cover drain hole.

It is common for some water to come out of the tub spout when water is diverted to the shower head. This is not a workmanship issue.

The overflow cap is not aligned with the hole properly.

The escutcheon should be tight against the cabinet.

Complaint Item: 24 - --Guest Bathroom

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Sink faucet still does not have hot water. Under sink in cabinet, round wall fixture around the waterline is hanging away from the wall opening.

The toilet is unusable because I’ve turned off the toilet water, due to a high-pitched screeching sound that evolved into water continually running into the toilet. Investigator’s Observation: At the time of the inspection I was not able to test the hot water due to the Complainant having the hot water tank turned off. I am unable to verify hot water to the sink.

Tested the toilet. Appears to be functioning appropriately.

The escutcheon is not flush and tight against the cabinet.

The shower fixture install is not complete.

Complaint Item: 25 - Metal tile-edge finish in all three bathroom tubs and shower areas is cold, sharp-edged, and unaesthetic. It is already coming loose in master bathroom along tub’s outer edge. This design treatment is not similar to any other design elements in the house. Because it does not function well and most of all is unsafe when entering and exiting the tub, it needs to be replaced (I will pay for the cost of additional tile materials for the edge).

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Can terra cotta grout be used instead? Investigator’s Observation: The schluter tile edging is commonly used in the industry. This is not a workmanship issue.

The trim coming loose in the master bathroom is a workmanship issue.

Complaint Item: 26 - Tile in tub surrounds have been built 2 inches lower than it should have been in order to create a seat to safely enter and exit the tubs. The tile surround of both tubs needs to be raised to the level of the tubs. Investigator’s Observation: The tub is installed correctly and was inspected by the local building department to meet minimum code.

This meets workmanship standards. Governing Rule:

Complaint Item: 27 - Even with the present two grab bars in each tub, for safety in entering and exiting, I will need an additional Kohler grab bar installed in each tub (I will buy the two additional grab bars). Investigator’s Observation: This is not a workmanship issue. The Complainant will need to hire a contractor of her choosing to add additional grab bars. Governing Rule:

Complaint Item: 28 - Tile behind both diverters has been messily replaced with grout that is too dark and needs to be replaced with lighter terra cotta grout similar to the rest of the tile grout.

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Investigator’s Observation: The grout is darker but similar in color. Workmanship standard state:

PD Grout discoloration.

CR Contractor should make necessary repairs within the first year.

The home is outside the 1 year mark. No corrective actions required. Governing Rule:

Complaint Item: 29 - White grout at the top of the tile in all three bathrooms needs to be replaced with terra cotta colored grout similar to the rest of the tile grout or painted with the ceiling paint. Investigator’s Observation: The caulking at the top of the bathrooms is not a similar color to the tile or the ceiling.

Complaint Item: 30 - The guest bathtub’s north tile wall under the window has a drilled hole in the tile, to the right of the grab bar. Investigator’s Observation: There are holes in the tile.

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Complaint Item: 31 - Grout is missing behind the kitchen sink faucet, where the quartz counter meets the wall. Investigator’s Observation: Caulking is missing behind the sink faucet. However, caulking is considered owner maintenance after the 1st year of occupancy. Governing Rule:

Complaint Item: 32 - Grout on all tile throughout the house was supposed to be terra cotta colored, the original choice. Some areas in the 3 baths and kitchen are a darker brown grout. Investigator’s Observation: The grout is darker but similar in color. Workmanship standard state:

PD Grout discoloration.

CR Contractor should make necessary repairs within the first year.

The home is outside the 1 year mark. No corrective actions required. Governing Rule:

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

Complaint Item: 33 - All grout throughout the house is filled too low next to the tile, which collects dirt and makes it harder to clean. All grout should be filled in to the level of the tile. Investigator’s Observation: There are a few areas throughout the bathrooms were the grout is low.

Complaint Item: 34 - During his one visit after I moved in, the Builder’s partner Dennis Baca told me that he advises his clients not to buy matte tiles and if they do buy them, the tiles should be coated with a sealant. The Builder never gave me this advice, but after living with the tiles, I think they should be sealed (I will purchase a nontoxic sealant). Investigator’s Observation: This is a statement and not an allegation of poor workmanship I can inspect too.

If the Complainant chooses to have the tile sealed she can address that with a contractor of her choosing. Governing Rule:

Complaint Item: 35 - The entire electrical system needs to be checked, including that all wall outlets are functioning and can carry the load needed on that wall. There are unnecessary switches throughout the house. There are capped locations where light switches were mistakenly installed. Some outlets are not straight up and down. Some, like in the kitchen, are installed at varying heights. Some switches are tilting to the left or right. The entire electrical system is very sloppy Investigator’s Observation: The electrical was inspected and approved by the local building department to meet minimum code. Any additional evaluation of

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

the electrical system would need to be handled by the Complainant, at complainant’s expense.

Outlet and switches are not plumb and true.

Complaint Item: 36 - --Electrical Panel Door is bent and very hard to enter and exit for a non-contractor person. Investigator’s Observation: main breaker box door is hard to open and shut/lock. It appears it is bent.

Complaint Item: 37 - --Outside Front Porch outlet does not work and needs at least two plugs for Christmas lights or snow melting mats. Investigator’s Observation: The outside porch light is connected to a GFCI outlet that was tripped. Once reset the outlet worked. Governing Rule:

Complaint Item: 38 - --East Wall of Garage, in addition to outlets for water heater and water filtration system, there are two outlets which are no longer working. Before electrical was installed, I gave the Builder a diagram of where I needed to place two chest freezers and a refrigerator along the east wall (see Garage Outlets diagram). The electrical load was only able to run two freezers when those outlets were working. There is no place to run a refrigerator.

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

Investigator’s Observation: At the time of the inspection all outlets are working. The breaker size is standard for the application.

No workmanship issues noted. Governing Rule:

Complaint Item: 39 - --North Wall of Garage has two outlets, but is only able to carry the load of one freezer on an extension cord. Investigator’s Observation: The breaker is a 20 amp. This is the size required by code. Depending on the draw from the freezer it is possible that more than one appliance plugged in will trip the breaker.

This is not a workmanship issue. Governing Rule:

Complaint Item: 40 - --West Wall of Garage has three outlets and I am only able to run the wi-fi system from one outlet. Investigator’s Observation: All outlet were working at the time of the inspection. Governing Rule:

Complaint Item: 41 - --West Wall of Garage, Wood Cabinet For The Wi-fi System still lacks a door. Builder installed a bathroom medicine cabinet with a mirrored door that looked like it belonged in a bathroom. Before I moved in, I asked him to replace it with a wood door. Investigator’s Observation: The door is missing.

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

Complaint Item: 42 - --Two 11 Amp Electric Walkway Snow and Ice Melting Mats are on my front walkway. I either need to plug them into the outside front porch outlet (out of order) or the garage. Currently I am only able to run them by running two extension cords to my laundry room. Investigator’s Observation: The breakers are 20 amp breakers. This is required by code. Running two mats on the same circuit will trip the breaker.

No workmanship issues noted. Governing Rule:

Complaint Item: 43 - --On the Back Porch there is an electrical outlet hanging from the porch roof, with exposed wires on the west wall of the porch. Investigator’s Observation: Outlet needs to be secured and protected from the elements.

Complaint Item: 44 - The switch to turn on the back porch light on the west house wall is inside in the master bedroom. It’s unworkable to run to the master bedroom when you’re trying to see something on the back porch. Can the on switch be on the outside wall of the master bedroom? Investigator’s Observation: The switch is in a standard location.

No workmanship issues noted. Governing Rule:

Complaint Item: 45 - --Laundry Room Outlets The outlet over the washer trips easily with only one extension cord for a snow melting mat. Currently using one extension cord in each outlet for the two snow

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

melting mats on the front walkway. Investigator’s Observation: Over loading the out will cause it to trip. Outlet is installed and functioning correctly.

No workmanship issues noted. Governing Rule:

Complaint Item: 46 - --Kitchen Counter Outlets are installed in random places without much forethought and at varying heights. East wall outlets to the left of the stove are placed dissimilarly, and one moves left to right, and in and out. North wall has two outlets above a wet area near the sink and placed closely together. Investigator’s Observation: Outlet locations were inspected and approved by the local building department to meet minimum code. No corrective action required.

Some outlets are not secure, plumb and true.

Complaint Item: 47 - --Kitchen Island Outlet I asked for an outlet to be on the right side of the island for my cell phone and vacuum/floor polisher. It is on the floor underneath the island and is unusable. It’s also not charging my phone. Investigator’s Observation: Outlet does not work.

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

Complaint Item: 48 - --Four Corners of House Eaves have capped outlet boxes without any switches or explanation. Builder and I agreed on emergency lights in the four corners of the house/garage, but not motion detectors due to wildlife in the area. A workman told me that the boxes were installed for exterior lighting, however there is no electrical wiring in the house that goes to the boxes. Investigator’s Observation: Boxes were installed incase Complainant wanted to ad exterior/security lighting at a later date.

No workmanship issues noted. Governing Rule:

Complaint Item: 49 - --Furnace I moved in April 2021 and didn’t use the furnace until October 2021. Over time the furnace became louder and louder and continually cycled on and off, until finally in March 2022 the Builder called in Master Mechanical when I couldn’t stand the sound level any longer. Master Mechanical did a thorough check and determined that the pleated, highly rated filter I installed was causing the problems. I was instructed to change the non-pleated, low rated filters once a month, and the lack of airflow was corrected.

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

No workmanship issues noted. Governing Rule:

Complaint Item: 50 - --Air Conditioner I finally used the air conditioner during the Spring 2022 fires and Summer 2022. With all of the windows closed and the air conditioner running all day long, the coolest temperature it reached was 77 degrees. It says online that a whole house air conditioner should lower the temperature 20 degrees. Summer 2022 temperatures reached just under 90 degrees. I don’t think my air conditioner is providing 20 degrees of cooling and may not, like the furnace, be adequate for the size of house. Investigator’s Observation: The AC is a 5 ton unit and is sized appropriately. I was unable to test the function of the unit do to the cold outside temps.

At this time there is insufficient evidence to verify a violation of state statute. Governing Rule:

Complaint Item: 51 - Most of the 12 interior doors have an unfinished 1-inch edge with stain drips from staining the back and front of the doors and slashes from installing the door handles. They are very rough looking and do not look finished. Investigator’s Observation: Several doors have missing stain and drips.

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

Complaint Item: 52 - During warm times of the year, some doors stick--the two entry closet doors, the guest bedroom closet door, and dining room door. All doors should be checked. Investigator’s Observation: Adjustment of doors is considered owner maintenance after the first year of occupancy. Governing Rule:

Complaint Item: 53 - Some door handles stick and cannot be easily opened, and all should be checked. Investigator’s Observation: Adjustment of doors is considered owner maintenance after the first year of occupancy. Governing Rule:

Complaint Item: 54 - Dining room door and guest bedroom door to patio have gaping spaces under doors, allowing small spiders to enter and build webs along the bottom. Investigator’s Observation: Adjustment of doors is considered owner maintenance after the first year of occupancy. Governing Rule:

Complaint Item: 55 - Master bedroom patio door does not deadbolt. Investigator’s Observation: Adjustment of doors is considered owner maintenance after the first year of occupancy. Governing Rule:

Complaint Item: 56 - Garage north door is hard to close. Investigator’s Observation: Adjustment of doors is considered owner

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

maintenance after the first year of occupancy. Governing Rule:

Complaint Item: 57 - The Builder was unhappy that I requested nontoxic stain throughout the house on the window and door frames, the baseboards, and the interior doors. I purchased all of the stain. The Builder and crew applied too many coats of stain, then blamed the stain when I complained it was too dark. At the end of the building project, the move-in date was moved back twice to address my concerns about the wood staining throughout the house. Some of the door and window frames still have wide variations of the color they were supposed to be. All window and door frames throughout the house need to be checked for irregularities. Investigator’s Observation: An inherent nature of wood is that stain does not take the same to every piece. The staining throughout the house is very close in color.

No workmanship issues noted. Governing Rule:

Complaint Item: 58 - --Kitchen window frame was sprayed with ammonia by an unskilled worker to lighten the color, and he just left it a raw oak color. Investigator’s Observation: The kitchen window trim does have a film or damage. However, I was not present when the damage occurred. Therefore, I cannot determine the cause. Governing Rule:

Complaint Item: 59 - --Dining room door and window frames have color variations and visible patching material left unstained. Investigator’s Observation: The inherent nature of wood is that stain will not take the same in all areas.

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

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

Complaint Item: 60 - --Hallway bathroom’s door frame has been pieced together on the right and looks shabby. Investigator’s Observation: The door trim is pieced together. Trim should be full length pieces.

Complaint Item: 61 - --Nearly all of the baseboards are so dark they look black rather than mahogany from too many coats of stain being applied. Investigator’s Observation: This is an opinion and not a workmanship issue I can inspect too. Governing Rule:

Complaint Item: 62 - --Entryway closet doors are stained differently. Investigator’s Observation: The inherent nature of wood is that stain will not take the same in all areas.

No workmanship issues noted. Governing Rule:

Complaint Item: 63 - --Front door framing inside and out needs stain. Investigator’s Observation: Door Frame appears to have stain on it.

No workmanship issues noted. Governing Rule: 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19

Complaint Item: 64 - Streaked Paint Garage north and west walls, master bedroom hallway, master bath and water closet, guest bedroom hallway, guest bathroom and water closet, and living room ceiling. Investigator’s Observation: There are several areas throughout the home where the possible touch up paint appears to be a different sheen. and is noticeable to the naked eye at normal viewing angles.

Complaint Item: 64 - Flooring There are pops in the floor tile in two locations: the office doorway and entering the master bedroom. Investigator’s Observation: Not able to replicate at inspection.

Insufficient evidence to verify. Governing Rule:

Complaint Item: 66 - Two doors, the dining room door and the guest bedroom door, have areas against the bottom door frame that need grouting where there is no tile. Grout should be matched to floor tile grout color. Investigator’s Observation: The tile was not finished appropriately at the doors.

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

Complaint Item: 67 - The upper cabinet door to the left of the kitchen window is coming apart. In the lower right corner of the cabinet door, it’s dented and you can see someone tried to mend it with a clear substance. The Builder was the cabinet installer, so he should have noted the damage and dealt with the cabinet maker through HomeCo Ace Hardware. The only other possibility is that the Builder or crew member damaged it, tried to fix it, and then hung it without telling me. The cabinet door needs to be replaced. The Builder knows about this since right after move-in.

The wood panel to the right of the stove was damaged when I opened the cabinet to put pots and pans away. The panel has been installed in the wrong position for the cabinet door to open. I need this storage area and have been without it since move- in. I showed the Builder this damaged wood panel right after I moved in. Investigator’s Observation: Damage to manufactured surfaces such as cabinets must be reported to the Contractor within 10 days of occupancy. There was no documentation provided to show that this was done.

At this time I am unable to verify a violation of state statute. Governing Rule:

Complaint Item: 68 - The refrigerator and the stove have scratches from unpacking or installing. Two young, completely unexperienced students were unpacking the appliances. When I informed the Builder, he told me to use a product for scratches. Investigator’s Observation: Damage to manufactured surfaces such as cabinets must be reported to the Contractor within 10 days of occupancy. There was no documentation provided to show that this was done.

At this time I am unable to verify a violation of state statute. Governing Rule:

Complaint Item: 69 - Two Sink Drains in Kitchen and Laundry Room

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

These two sink drains were supposed to be black like all of the other fixtures in the house. They started out black, but have worn down to copper, and they soon will be silver. These two sink drains should be replaced with quality black metal that will not rub off. Investigator’s Observation: Normal wear of the finish of household fixtures is considered owner maintenance.

Because it is common for multiple different chemicals and cleaners to be dumped down sinks this is considered normal wear. Governing Rule:

Complaint Item: 70 - Bathtub Dings in Both Bathtubs The Builder unpacked and installed both tubs and did not inform me of any damage. Shortly after I moved in I discovered both tubs have dings in the acrylic and added both tubs to our plumbing punch list. The Builder’s partner told me in May 2022 they could be repaired, but nothing has been done. Investigator’s Observation: There are dings and scuffs in the tub(s). The Respondent was notified in the appropriate time frame.

Complaint Item: 71 - --Master Bathtub—one black slash and one dink on the left of the overflow cap Investigator’s Observation: There are dings and scuffs in the tub(s). The Respondent was notified in the appropriate time frame.

Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar;

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

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

Complaint Item: 72 - --Guest Bathtub—two dinks on the right of the shower system. Investigator’s Observation: There are dings and scuffs in the tub(s). The Respondent was notified in the appropriate time frame.

Complaint Item: 73 - Four closet shelves and brackets need to be painted the wall color. The shelves are too rough to store any clothing on. Investigator’s Observation: The shelves are rough and will damage clothing put on them.

Complaint Item: 74 - Hallway pantry/utility closet has no shelves, although the Builder’s spec home clearly had shelving in the pantry. Investigator’s Observation: There are no shelves in the hallway closet. However, With the documentation provided I am unable to determine if shelves were required as part of the contract.

At this time there is insufficient evidence to verify this allegation. Governing Rule:

Complaint Item: 75 - Metal Edging of Tile in Bathrooms 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19

The Builder waited to the end of the tiling project around the bathtubs to inform me that he was unable to find a tile edging material. He used a metal L-shaped material that is hard and cold, and is coming off already in the master bathroom. When the metal edging was being installed, I told the Builder I didn’t like it. He responded that he couldn’t find anything else for the edging. This metal material is not satisfactory for this use and needs to be removed. I will pay for the additional tile edging material which he will need to install. Or maybe we can use terra cotta colored grout instead of metal. Investigator’s Observation: The metal edging is standard in the industry. The Complaint may replace it with a contractor of her choosing at her own expense. Governing Rule:

Complaint Item: 76 - Fireplace At the beginning of the 2021 winter, I turned on the gas fireplace and the living room was immediately filled with toxic fumes. I turned it off and spent the next four hours with windows open trying to recover from an asthma attack the fumes had caused. The Builder told me the fireplace had been burned out and was ready to go. I still have not been able to use the fireplace because I cannot be in the house during or after it’s been burned out. It is a health hazard. I went to Roof Dancers and they said the fumes are from the materials on the surface of the stove.

Complaint Item: 77 - Smoke Detectors Before I moved in some old batteries were used in the smoke detectors throughout the house. In the middle of the night a few months after I moved in, several alarms

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

went off beeping and yelling “Fire, fire!” I was able to open a few of them with a stick, remove the batteries, and they stopped, but one was going off intermittently for several days until the Builder came to replace the batteries. He said he would lower the two alarms in the bedrooms where I cannot reach even on a ladder, but he has not been back. The Builder took one of the alarms with him, and that bedroom does not have any coverage. Also, one alarm in the guest bedroom hallway is malfunctioning and does not have a green light even with a new battery. These two smoke detectors need to be fixed and reinstalled ASAP, as I’m waiting to move into the guest bedroom. Investigator’s Observation: The Respondent shall replace the detectors he removed. However the agreement to lower the other detectors is not within the Registrar's jurisdiction.

Complaint Item: 78 - --Garage Doors Malfunctioning: Soon after I moved in, I informed the Builder that the Lift Master garage doors were not working with the remotes or the outside switch mounts. The only way to open and close the garage doors is to use the switch on the inside east wall of the garage. That switch is very particular and only works if you push the upper right corner of the switch. The Builder said he would take care of it. Months later I asked for repair again and the Builder gave me the Home Depot supplier Clopay’s phone number. He said he’d been told it was probably a computer board that needed replacing. I called Clopay, but was told they are not based in Flagstaff and do not provide service to the Flagstaff area. I told the Builder and requested another solution, but nothing has ever happened. I have been struggling with these garage doors for nearly two years now, and in winter weather it is especially inconvenient. Investigator’s Observation: The garage door does not appear to be paired with the openers. However, there was no documentation provided showing the 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19

malfunctioning openers to the builder within 10 days of occupancy. Governing Rule:

Complaint Item: 79 - --Gaping Air Holes Around Garage Doors: There are gaps around the garage doors which allow cold air, large spiders, and even a baby bunny to enter. I have to continue to hammer the sealer back into the garage door jamb, but there are still openings. Investigator’s Observation: Adjustment of doors is considered owner maintenance after 1 year of occupancy. Governing Rule:

Complaint Item: 80 - --Chipping Paint and Product Stickers on Garage Door: Chipping paint from when the garage was painted is on the top edge of the two garage doors and the pipe above each garage door. Investigator’s Observation: Paint should last 2 years minimum.

Complaint Item: 81 - --Missing Caulking at Bottom of Tile: Where the tile edging meets the three walls of the garage’s cement floor, there is a gap that collects dirt and it was like that since the day I moved in. Impossible to keep clean. Is there usually caulking or a trim to close this gap? Investigator’s Observation: Tile should have caulking/grout.

Complaint Item: 82 - No House Maintenance Instructions Provided 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19

Just a pile of manuals. No contractor contact info. No product info such as interior and exterior paint, stain brands, and colors. No furnace, air conditioner, well pump, water system and turnoffs, gas turnoffs, electrical panel, septic information was given. No in-depth walk through was provided. Investigator’s Observation: This is not an workmanship issue I can inspect too. Governing Rule:

Complaint Item: 83 - Hot condensation everywhere in garage-ceiling, windows, walls, truck, and all pipes. Condensation coming from drainage pipe in wall of dog wash. Garage air was hot like a steam bath. It was Easter weekend, so I called a friend who is a licensed plumber and paid him $40 to some on Monday evening to diagnose the problem. Hot water heater was set between A and B in very hot range, It's been set that hot since it was installed and it has worn out the hot water valve on the water heater. He turned off all hot water on the water heater and throughout the house (3 turnoff sites). The hot water valve needs to be replaced and I can expect a high gas bill. TCR Plumbing is coming this afternoon to replace the valve. Investigator’s Observation: The hot water heater was off during the inspection. It appears the Complainant has a TCR Plumbing out after the inspection to fix this. Governing Rule:

Complaint Item: 84 - Toilet tank wiggles and has a dripping sound in tank. Investigator’s Observation: I tested the tank it is secure and functioning properly. Governing Rule:

Complaint Item: 85 - Office electrical outlet on east wall is not secured to the wall. Investigator’s Observation: Outlet is not secure.

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

Complaint Item: 86 - Front door floor tiles do not meet the door jamb, like all of the other outside doors. Investigator’s Observation: There is a gap between the door and the tiles.

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

Complainant: Michele Mountain 3224 N Jackrabbit Ln Flagstaff, AZ 86001

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: Wilbac Construction LLC DBA: 2714 N East St Flagstaff, AZ 86004

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

C012 05/21 June 26, 2023

Compliance Jobsite Inspection Notice Re: Complaint No. 2023-03133

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for July 17, 2023 at 10:00 AM to determine the current status of the items listed on the issued Directive.

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

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

Sincerely,

Chris Allison Chris Allison, Investigator #193 Desk: (928) 637-0481 Cell: (928) 210-1587 [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 Complaint #2023-03133 P 1 COMPLIANCE JSI PHOTOS J Complaint #2023-03133 P 2 COMPLIANCE JSI PHOTOS J Complaint #2023-03133 P 3 COMPLIANCE JSI PHOTOS J Complaint #2023-03133 P 4 COMPLIANCE JSI PHOTOS J Complaint #2023-03133 P 5 COMPLIANCE JSI PHOTOS J Complaint #2023-03133 P 6 COMPLIANCE JSI PHOTOS J Complaint #2023-03133 P 7 COMPLIANCE JSI PHOTOS J Complaint #2023-03133 P 8 COMPLIANCE JSI PHOTOS J Complaint #2023-03133 P 9 COMPLIANCE JSI PHOTOS J Complaint #2023-03133 P 10 COMPLIANCE JSI PHOTOS J Complaint #2023-03133 P 11 COMPLIANCE JSI PHOTOS J Complaint #2023-03133 P 12 COMPLIANCE JSI PHOTOS J Complaint #2023-03133 P 13 COMPLIANCE JSI PHOTOS J Complaint #2023-03133 P 14 COMPLIANCE JSI PHOTOS J Complaint #2023-03133 P 15 COMPLIANCE JSI PHOTOS J Complaint #2023-03133 P 16 COMPLIANCE JSI PHOTOS J Complaint #2023-03133 P 17 COMPLIANCE JSI PHOTOS J Complaint #2023-03133 P 18 COMPLIANCE JSI PHOTOS J Complaint #2023-03133 P 19 COMPLIANCE JSI PHOTOS J Complaint #2023-03133 P 20 COMPLIANCE JSI PHOTOS J Complaint #2023-03133 P 21 COMPLIANCE JSI PHOTOS J Complaint #2023-03133 P 22 COMPLIANCE JSI PHOTOS J Complaint #2023-03133 P 23 COMPLIANCE JSI PHOTOS J Complaint #2023-03133 P 24 COMPLIANCE JSI PHOTOS J Complaint #2023-03133 P 25 COMPLIANCE JSI PHOTOS J Complaint #2023-03133 P 26 COMPLIANCE JSI PHOTOS J Complaint #2023-03133 P 27 COMPLIANCE JSI PHOTOS J Complainant: Michele Mountain 3224 N Jackrabbit Ln Flagstaff, AZ 86001

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: Wilbac Construction LLC DBA: 2714 N East St Flagstaff, AZ 86004

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.: 2023-03133 Investigator: Chris Allison Inspection Date: July 17, 2023 Inspection Time: 10:00 AM

Compliance Jobsite General Notes:

Respondent was present for the inspection.

Compliance Findings:

ALL ITEMS NOT ADDRESSED IN THESE FINDING WERE SIGNED OFF BY THE COMPLAINANT.

Compliance Item: 21 - --Laundry Room Cabinet Under Sink has several unnecessarily drilled holes on the back wall and floor, and needs to be replaced 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 with the same original cabinet material. Also, the round wall fixture around the waterline is hanging away from the wall opening. Investigator’s Observation: The holes were scabbed over with a thin wood material. This is not an acceptable correction for new cabinetry. This item is not in compliance with the written directive.

Compliance Item: 22 - --Kitchen Cabinet Under Sink has two holes for water lines in floor and an unnecessary rectangular hole which allow black widow spiders to enter this cabinet. Investigator’s Observation: The holes were scabbed over with a thin wood material. This is not an acceptable correction for new cabinetry. This item is not in compliance with the written directive.

Compliance Item: 24 - --Guest Bathroom Sink faucet still does not have hot water. Under sink in cabinet, round wall fixture around the waterline is hanging away from the wall opening.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 the handle were installed upside down and/or backwards. This item is not in compliance with the written directive.

Compliance Item: 29 - White grout at the top of the tile in all three bathrooms needs to be replaced with terra cotta colored grout similar to the rest of the tile grout or painted with the ceiling paint. Investigator’s Observation: The Guest bathroom was completed. The Hallway and master bathrooms were not completed/corrected in an appropriate manner. Some areas of work are very sloppy. This item is not in compliance with the written directive.

Compliance Item: 33 - All grout throughout the house is filled too low next to the tile, which collects dirt and makes it harder to clean. All grout should be filled in to the level of the tile. Investigator’s Observation: All areas on the written directive were addressed appropriately. The respondent pointed out an area where the schluter tile edging has the finish warn off. I am not able to verify the damage was done by the respondent. This item is considered in compliance with the written directive.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Investigator’s Observation: The outlet by the toaster oven is loose. This item is not in compliance with the written directive.

Compliance Item: 46 - --Kitchen Counter Outlets are installed in random places without much forethought and at varying heights. East wall outlets to the left of the stove are placed dissimilarly, and one moves left to right, and in and out. North wall has two outlets above a wet area near the sink and placed closely together. Investigator’s Observation: The outlet by the toaster oven is loose. This item is not in compliance with the written directive.

Compliance Item: 60 - --Hallway bathroom’s door frame has been pieced together on the right and looks shabby. Investigator’s Observation: The trim was replaced and corrected. However, It appears that in doing so there was subsequent damage to the wall. This item is not in compliance with the written directive.

Compliance Item: 64 - Streaked Paint

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Garage north and west walls, master bedroom hallway, master bath and water closet, guest bedroom hallway, guest bathroom and water closet, and living room ceiling. Investigator’s Observation: All painting was completed and meet workmanship standards with the exception of the guest bedroom water closet. This item is not in compliance with the written directive.

Note:

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

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

Sincerely,

Chris Allison Chris Allison, Investigator #193 Desk: (928) 637-0481 Cell: (928) 210-1587 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812

Note: I will not respond to/accept any text messages. Any/all documents, photos, Etc. Will need to be emailed. Please reference complaint number in email.

CC: 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 C013 4/21 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Michele Mountain, Case No. 2023-03133 COMPLAINANT, v. Wilbac Construction LLC, CITATION License No. ROC 246036, RESPONDENT.

The Registrar issues this Citation to Wilbac Construction LLC, (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by August 30, 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 13, 2023, Michele Mountain, (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating:

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

Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A

contractor shall perform all work in a professional and workmanlike manner. of 5

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Charge :2 A.R.S. § 32-1154(A)(22) Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a reasonable period of time after receiving a written directive from the Registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held. If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F).

FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2023-03133. 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] 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 The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than August 30, 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 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 informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. 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. 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 Dated August 15, 2023. By: /s/ Gail Mathews Gail Mathews Legal Assistant II Legal Department Arizona Registrar of Contractors

COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, August 15, 2023 to: Respondent Certified Mail No: [number redacted] Wilbac Construction LLC 2714 N East St Flagstaff, AZ 86004-3432

Copy mailed by USPS First Class mail this same date to: Respondent Wilbac Construction LLC 2714 N East St Flagstaff, AZ 86004-3432 Complainant Michele Mountain 3224 N Jackrabbit Ln Flagstaff, AZ 86001 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. 2023-03133

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 Received by Investigations 03/13/2023 Complaint #2023-03133 Received by Investigations 03/13/2023 Complaint #2023-03133 Received by Investigations 03/13/2023 Complaint #2023-03133 Received by Investigations 03/13/2023 Complaint #2023-03133 Received by Investigations 03/13/2023 Complaint #2023-03133 Received by Investigations 03/13/2023 Complaint #2023-03133 Received by Investigations 03/13/2023 Complaint #2023-03133 Received by Investigations 03/13/2023 Complaint #2023-03133 Received by Investigations 03/13/2023 Complaint #2023-03133 Received by Investigations 03/13/2023 Complaint #2023-03133 Received by Investigations 03/13/2023 Complaint #2023-03133 Received by Investigations 03/13/2023 Complaint #2023-03133 Received by Investigations 03/13/2023 Complaint #2023-03133 Received by Investigations 03/13/2023 Complaint #2023-03133 Received by Investigations 03/13/2023 Complaint #2023-03133 Received by Investigations 03/13/2023 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Wilbac Construction LLC License No. ROC 246036 2714 N. East Street Flagstaff, AZ 86004 PH: 928-607-8008 Email: [email redacted]

August 30, 2023 Registrar of Contractors State of Arizona 1700 W. Washington Street, Suite 105 Phoenix, AZ 85007-2812

SENT VIA EMAIL AT: [email redacted]

RE: Answer to Cita�on - Case No. 2023-03133

Dear Registrar of Contractors,

Please accept this writen correspondence as Wilbac Construc�on LLC’s (Respondent) answer to the Cita�on from the Registrar of Contractors.

Wilbac Construc�on LLC promptly complied with the Writen Direc�ve from the Arizona Registrar of Contractors and completed the work outlined in the Direc�ve by the required deadline of June 16, 2023, and understood the work speciﬁcally outlined in the Direc�ve was completed to the sa�sfac�on of the Complainant/homeowner.

The Arizona Registrar of Contractors inves�gator completed a compliance site visit on July 20, 2023. On that date, the Complainant communicated dissa�sfac�on with some of the work completed by Wilbac Construc�on LLC. Franklin Willis, the contractor/respondent was not allowed to comment on the items of dissa�sfac�on.

Prior to leaving the site, Franklin Willis communicated to the inves�gator that most of items the complainant expressed dissa�sfac�on about could be addressed and corrected immediately. The inves�gator requested he be allowed to write his ﬁndings in a report prior to Wilbac Construc�on LLC con�nuing the work and making correc�ons.

The inves�gator wrote a ﬁnal report and it was received by Wilbac Construc�on LLC on August 8, 2023. Three (3) business days later on August 14, 2023, a cita�on was ﬁled. Thus, Wilbac Construc�on LLC was not given the opportunity to work on the items iden�ﬁed in the report from the July 20, 2023 site visit.

Wilbac Construc�on LLC respec�ully requests the ROC allow us the �me to make the necessary correc�ons prior to an Administra�ve Hearing being scheduled. It my to inten�on to contact the homeowner/complainant to schedule �me to work on the ﬁnal items.

Respec�ully, Franklin Willis Wilbac Construc�on LLC Received 8/31/23, 8:45 AM State of Arizona Mail - Response to Citation & Complaint # ROC 2023-03133 08/30/2023 ROC Legal

Answers - AZROC <[email redacted]>

Response to Citation & Complaint # ROC 2023-03133 message

Franklin Willis <[email redacted]> Wed, Aug 30, 2023 at 4:14 PM To: "[email redacted]" <[email redacted]>

From: Franklin Willis <[email redacted]> Sent: Wednesday, August 30, 2023 4:08 PM Subject: Response to Citation & Complaint # ROC 2023-03133

Response to Citation & Complaint # ROC 2023-03133

Complainant: Michele Mountain Contractor: Wilbac Construction LLC Owner: Franklin Willis Contact #: 928 607-8008

Answer Letter to ROC Case Number 2023-03133.docx 15K

https://mail.google.com/mail/b/AEoRXRQO3bkmwrzLaUyrdElgHK9ycvZDgX3L4sMTLFT_4mDYOZsk/u/0/?ik=581c53cf5c&view=pt&search=all&permt… 1/1 Mediation Notice

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

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

v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.

REQUEST

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

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

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

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

_____________________________________ _______________________ Respondent (or representative) Date

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

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

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

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

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

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

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

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

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

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

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

Exhibit Exhibit Name

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

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

Print Name Signature Date

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