2023A-03161-CHC-ROC Notice of Hearing and Packet MAILED

2023A-03161-CHC-ROC · Registrar of Contractors · 2023-10-20

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Mark Evinger , Case No. 2023-03161 COMPLAINANT, Docket No. 2023A-03161-CHC-ROC v. NOTICE OF HEARING ON CONTESTED CASE Mattamy Arizona Construction LLC License No. ROC 249191,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

December 5, 2023 1:00 PM Kay Abramsohn 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 29, 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 October 20, 2023.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail October 20, 2023 to:

Respondent(s) Mattamy Arizona Construction LLC 9200 E Pima Center Pkway Ste 160 Scottsdale, AZ 85258 Sandra Schaeffer, Esq. 3104 E Camelback Rd Ste PMB 2341 Phoenix, AZ 85016

Complainant(s) Mark Evinger 7758 West Sage Palm Lane Marana, AZ 85658

Bernardo M. Velasco, Esq. 259 N Meyer Ave Tucson, AZ 85701

Copy sent electronically this same date to:

Respondent at email address on record with the Registrar Respondent’s Attorney at email address of record with Registrar Complainant at email address on record with the Registrar Complainant’s Attorney at email address of record with Registrar

Case No. 2023-03161 /

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: Mark Evinger 7758 West Sage Palm Lane Marana, AZ 85658

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: Mattamy Arizona Construction LLC 9200 E Pima Center Pkway Ste 160 Scottsdale, AZ 85258

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 29, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-03161

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for May 3, 2023 at 9:00 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

COMPLAINANT: 1. Under A.R.S. § 32-1155(D)(1), the Respondent must be allowed, upon request, the opportunity to inspect the 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, John Smith John Smith, Investigator #194 (520) 483-0027 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

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

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 Received 04/18/2023 ROC Legal

Dennis I. Wilenchik, #005350 Janis G. Pelletier, ##019246 [email redacted] Attorneys for Defendant REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA MARK EVINGER, Case No. 2022-08204 Complainant, RESPONDENT MATTAMY ARIZONA vs. CONSTRUCTION LLC’S MOTION TO CONSOLIDATE CASE NO. 2022-08204 MATTAMY ARIZONA AND 2023-03161 AND TO CONTINUE CONSTRUCTION, LLC, License No.: 2022-08204 HEARING DATE ROC 249191, Respondent.

Respondent Mattamy Arizona Construction, LLC (“Respondent”), License No. ROC 249191, by and through counsel undersigned, moves this Court for a new hearing date, which is currently set for May 16, 2023. A continuance is required because the Claimant has filed a second Complaint, No. 2023-03161 with a list of new items. This is the first time Mattamy has knowledge of the new items alleged in Complaint No. 2023-03161. Mattamy is entitled to the right to inspect and make repairs on these new items under the Purchaser Dwelling Act (“PDA”), A.R.S. § 12- 1361 et. seq. The inspection for the new items is scheduled for May 3, 2023 at 9 a.m. For these reasons and in the interest of expediency, Mattamy requests consolidation of the two matters and that a hearing date be set out 120 days so that Mattamy can comply with the PDA’s notice and right to repair process on these new claims. Received 04/18/2023 ROC Legal

RESPECTFULLY SUBMITTED on April 18, 2023. WILENCHIK & BARTNESS, P.C.

_/s/ Janis G. Pelletier Dennis I. Wilenchik, Esq. Janis G. Pelletier, Esq. The Wilenchik & Bartness Building 2810 North Third Street Phoenix, AZ 85004 [email redacted] Attorneys for Respondent

ELECTRONICALLY transmitted on April 18, 2023 for filing, via the Arizona Registrar of Contractors at [email redacted]

COPY of the foregoing mailed on April 18, 2023, to:

Arizona Registrar of Contractors P.O. Box 18244 Phoenix, AZ 85005-8244

Mark Evinger 7758 W. Sage Palm Lane Marana, AZ 85658 Claimant

/s/ Christine M. Ferreira Received 4/19/23, 8:07 AM 04/18/2023 State of Arizona Mail - Mattamy adv Evinger - Motion to Consolidate and Motion to Continue Hearing ROC Legal

Answers - AZROC <[email redacted]>

Mattamy adv Evinger - Motion to Consolidate and Motion to Continue Hearing messages

Christine Ferreira <[email redacted]> Tue, Apr 18, 2023 at 11:59 AM To: "[email redacted]" <[email redacted]> Cc: Dennis Wilenchik <[email redacted]>, "Janis G. Pelletier" <[email redacted]>, Tammy Spears <tammys@wb- law.com>, "Mattamy adv Evinger ([email redacted])" <[email redacted]>

Attached please find a copy of Respondent’s Motion to Consolidate Case No 2022-08204 and 2023-08204 and to Continue 2022-08204 Hearing Date. Please note, a copy will follow by mail. Thank you.

Christine Ferreira

Legal Assistant [email redacted]

The Wilenchik & Bartness Building 2810 North Third Street Phoenix, Arizona 85004 www.wb-law.com P 602‑606‑2810 | F 602‑606‑2811

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04-18-23 Def Mtn to Consl and Cont Hrg.pdf 190K

Answers - AZROC <[email redacted]> Wed, Apr 19, 2023 at 8:07 AM To: Christine Ferreira <[email redacted]>

Good morning. Did you file this with the Office of Administrative Hearings? Because a hearing has been scheduled, it needs to be filed with them.

Thank you, Legal Department Arizona Registrar of Contractors [Quoted text hidden] -- Thank you.

Registrar of Contractors Legal Department

https://mail.google.com/mail/b/AO22b7k-mM4H7fOoQuxx0hsLfuswtYYyjLKaEMDr5fv8DABAHTMY/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 1/2 Received 4/19/23, 8:07 AM 04/18/2023 State of Arizona Mail - Mattamy adv Evinger - Motion to Consolidate and Motion to Continue Hearing ROC Legal

https://mail.google.com/mail/b/AO22b7k-mM4H7fOoQuxx0hsLfuswtYYyjLKaEMDr5fv8DABAHTMY/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 2/2 Arizona Registrar of Contractors Jobsite Inspection Notes Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

Complainant: Mark Evinger Respondent: Mattamy Arizona Construction LLC

Present for the complainant: Mark & Tasha Evinger Present for the respondent: Travis Terpstra, Amanda Jensen, Shane Witter Overview of project: This is a new construction home with the close of escrow stated to be 6/29/2022 General Notes: Photos taken with agency issued Canon PowerShot ELPH180 and/or agency issued Google cell phone. Audio recorded with agency issued Olympus recorder and/or agency issued Google cell phone.

Complaint Item 1: “Painted over stucco lump on 20' sliding glass door.;” Investigator’s Observations: Verified. Areas of stucco residue on the concrete stoop below the back patio door, painted over. One area removed exposing unpainted concrete. Reference Pictures: 3-5 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 2: “Rust on side gate fence.;” Investigator’s Observations: This allegation is NOT verified as a violation of A.R.S. § 32-1154(A). Rust on latch side gate post: There is a very small area of chipped paint and rust on the top corner of the latch side gate post. The area is approximately 1/16 inch by 1/4 inch. There is not sufficient evidence to verify this as a violation of A.R.S. § 32-1154(A). Rust on latch mechanism: There is no rust on the latching mechanism visible under normal viewing conditions. Reference Pictures: 6-7 Governing Rule: N/A

Complaint Item 3: “Missing outlet cover in attic.;” Investigator’s Observations: This allegation is NOT verified. The complainant stated this has been completed. Governing Rule: N/A

Complaint Item 4: “Damaged drywall near vent.;” Investigator’s Observations: Verified. The frame of the return air grill does not sit flat against the ceiling drywall. Reference Pictures: 8 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 5: “Spots in master bathroom mirror over left sink. ;” Investigator’s Observations: Verified. Recent corrective work included replacing this mirror. RCC100 11/14

Arizona Registrar of Contractors Jobsite Inspection Notes Resulting from the recent corrective work: small holes in the drywall above the mirror from the previous mirror mounting clips. Reference Pictures: 9-10 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 6: “Master bath shower door glass misaligned.;” Investigator’s Observations: Verified. Glass enclosure: • The glass shower door does not “plane” in with the stationary panel to the right of the door. The glass door is out of plumb approximately 7/32 inch from top to bottom (approximately 78 Inches), leaning out. The stationary glass panel is out of plumb approximately 1/6 inch from top to bottom (approximately 42 inches), leaning in. The result is a misalignment of approximately 3/16 inches in a 42 inch span. Tile/drywall: • The tile on top of the shower enclosure pony wall is not parallel to the surface of the wall. Within approximately 12 inches, the setback varies from approximately 3/4 inch to 3/8 inch. Reference Pictures: 11-13 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 7: “Caulking smear along vertical length of master bath shower glass. Poor caulk adhesion around master shower glass. Peeling and not smooth. ;” Investigator’s Observations: Verified. Areas of caulking peeling off the metal “U” channel. The metal end cap of the “U” channel at the shower door opening is taller than the sides of the metal “U” channel leaving a sharp corner/edge. Areas of caulking smeared on the glass. Reference Pictures: 14-16 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 8: “Vibration throughout glass shower enclosure when door is moved. This was not present prior to the door being replaced the first time.;” Investigator’s Observations: Verified. Vibration: • The low bracket / pivot point of the door has presets intended to create a center stopping point for the door. There is a noticeable “bump” when swinging the door past the center stopping position. The noticeable “bump” is not considered to be a vibration or a workmanship issue. Shower door mounting bracket / pivot point: • The lower mounting bracket / pivot point is not secure in the tile / curb. The bracket / pivot point rotates slightly when opening and closing the door, which changes the intended stopping point of the door. Reference Pictures: 17-19 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 9: “Master bath shower listel tile mis-aligned and protrudes out from wall.;”

RCC100 11/14

Arizona Registrar of Contractors Jobsite Inspection Notes Investigator’s Observations: Verified. Lippage: • The decorative strip of tile in the master shower include areas of lippage that exceed the acceptable tolerance of 1/32 inch. Grout lines / cut lines / pattern: • There is variation between the two vertical strips of decorative tile in the master shower. Patterns, spacing, cut lines, grout lines, should match at both strip of decorative tile. Reference Pictures: 20-25 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 10: “Towel bar falling out of wall in powder room bathroom.;” Investigator’s Observations: This allegation is NOT verified. In response to this complaint item: There is not sufficient evidence to find that the Respondent failed to meet minimum workmanship standards per A.A.C. R4-9-108. The towel hoop is loose / pulled out from the wall; however, the cause is not able to be determined. Reference Pictures: 26 Governing Rule: N/A

Complaint Item 11: “Stucco hole under kitchen window (exterior).;” Investigator’s Observations: Verified. There is a void in the stucco near the weep screed, below the kitchen/dining area window. Reference Pictures: 27 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 12: “Light visible around closed interior garage door into the home.;” Investigator’s Observations: This allegation is NOT verified as a violation of A.R.S. § 32-1154(A). This viewed from standing in the garage with no natural or artificial light. While standing in a dark garage, it is acceptable to have a very minimal amount of natural light visible through the door/jamb of this door. Doors are not 100% light blocking. Governing Rule: N/A

Complaint Item 13: “Cracked/damaged garage door wood frame (interior).;” Investigator’s Observations: This allegation is NOT verified as a violation of A.R.S. § 32-1154(A). This is specific to the framing around the overhead garage door opening, commonly called the garage door “bucks”. The garage door bucks do have some visible splits and exposed nail heads. Applying paint with minimal prep work to garage door bucks is considered to be within industry standards. Reference Pictures: 28 Governing Rule: N/A

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Arizona Registrar of Contractors Jobsite Inspection Notes Reference Pictures: 29-32 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 15: “Master bathroom left faucet has incorrect flow of water.;” Investigator’s Observations: This allegation is NOT verified. During this inspection, both master bathroom faucets were functioning equally and adequately. Reference Pictures: 33 Governing Rule: N/A

Complaint Item 16: “Powder room bathroom faucet physically damaged.;” Investigator’s Observations: This allegation is NOT verified as the responsibility of the Respondent. This may be the responsibility of the product manufacturer. Note: The Registrar makes no determination regarding the product manufacturer's responsibility or liability. There no leaks observed during this inspection. The complainant pointed out a variance in the surface of the metal below the spout, where it is seamed to the casting of the sides of the faucet/fixture. Contractor’s responsibility on all manufactured surfaces is valid only if the damaged surface is indicated to the contractor or contractor’s representative within 10 days after move-in. Reference Pictures: 33 Governing Rule: N/A

Complaint Item 17: “Master bedroom foreign material located underneath carpet.;” Investigator’s Observations: This allegation is NOT verified. The complainant stated this has been completed. Governing Rule: N/A

Complaint Item 18: “Office foreign material located underneath carpet.;” Investigator’s Observations: This allegation is NOT verified. The complainant stated this has been completed. Governing Rule: N/A

Complaint Item 19: “Kitchen sliding cabinet sticking.;” Investigator’s Observations: This allegation is NOT verified. Included in a 5/4/2023 email from the complainant: “Yes Timberlake performed services yesterday and we are satisfied with the work performed. Both items noted in Amanda's email below can be marked as resolved.” Governing Rule: N/A

Complaint Item 20: “Kitchen cabinet physically damaged in corner.;” Investigator’s Observations: This allegation is NOT verified as a violation of A.R.S. § 32-1154(A). One cabinet door appears to be “dented” on one corner. Contractor’s responsibility on all manufactured surfaces is valid only if the damaged surface is indicated to the contractor or contractor’s representative within 10 days after move-in. Reference Pictures: 34 Governing Rule: N/A

Complaint Item 21: “Cabinet in front of master bath has separating baseboards.;” Investigator’s Observations: Verified. The base trim below the cabinet is installed poorly.

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Arizona Registrar of Contractors Jobsite Inspection Notes Reference Pictures: 35 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 22: “Uneven tile in the great room.;” Investigator’s Observations: Verified. Tile in this areas is set with 3/16 grout lines. There areas of lippage that exceed the acceptable tolerance of 1/32 inch. Reference Pictures: 36-39 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 23: “Uneven tile in the dining room.;” Investigator’s Observations: Verified. Tile in this areas is set with 3/16 grout lines. There areas of lippage that exceed the acceptable tolerance of 1/32 inch. Reference Pictures: 36-39 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 24: “Uneven tile in the jack and jill bathroom.;” Investigator’s Observations: Verified. Tile in this areas is set with 1/4 grout lines. There areas of lippage that exceed the acceptable tolerance of 1/16 inch. Reference Pictures: 40-41 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 25: “Tile image misprint in the master bathroom.;” Investigator’s Observations: This allegation is NOT verified as a violation of A.R.S. § 32-1154(A). There is a significant variation in the color/pattern of these tiles. The specific area pointed out by the complainant is not considered to be a defect. Reference Pictures: 42-43 Governing Rule: N/A

Complaint Item 26: “Uneven lumpy/bumpy stucco in portico and behind courtyard downspout.;” Investigator’s Observations: Verified. Stucco in a corner, behind a down spout, has a rough and inconsistent texture. The respondent confirmed this is scheduled to be corrected. Reference Pictures: 44 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 27: “Master bedroom closet clothes bar is rusted.;” Investigator’s Observations: This allegation is NOT verified as a violation of A.R.S. § 32-1154(A). There are fine scratches along the tops of the chrome closet rods, no more than would be expected from normal use. No areas of rust were observed on the closet rods. Reference Pictures: 45-49 Governing Rule: N/A

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Arizona Registrar of Contractors Jobsite Inspection Notes Complaint Item 28: “Roof overhang/metal strip over the fireplace (exterior) is crooked, and not level. ;” Investigator’s Observations: Verified. The respondent acknowledged paint is still needed at the fascia boards side(s). Additionally, the overhang of the tile and barrel tiles do not match from one side to the other. Reference Pictures: 50-52 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 29: “Master shower metal surround is damaged, discolored, and has measurement written on frame in permanent marker.” Investigator’s Observations: This allegation is NOT verified. The complainant stated this has been completed. Governing Rule: N/A

Addendum items – email dated 4/10/2023 at 3:48PM Complaint Item 30: “3 cracked tiles on the roof” Investigator’s Observations: This allegation is NOT verified. The complainant stated this has been completed. Governing Rule: N/A

Complaint Item 31: “Mortar flashing at rear ridge cap is cracked” Investigator’s Observations: This allegation is NOT verified. The complainant stated this has been completed. Governing Rule: N/A

Complaint Item 32: “Chunks of stucco missing on bottoms of walls” Investigator’s Observations: Verified. There are areas of voids in the stucco near the weep screeds. Reference Pictures: 53-55 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 33: “Damaged/clogged weep holes in windows” Investigator’s Observations: Verified. Areas of missing weep screed inserts missing, damaged, and/or blocked. Reference Pictures: 56-57 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 34: “Window screen damaged” Investigator’s Observations: Verified. A portion of the screening material is protruding from the screen frame. The respondent started to cut this back with a knife during this inspection. Reference Pictures: 58 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 35: “Too short of weather stripping on front door” Investigator’s Observations: Verified. As confirmed by the respondent, the “Q-lon” weather stripping is cut too short at one side of the door. RCC100 11/14

Arizona Registrar of Contractors Jobsite Inspection Notes Reference Pictures: 59-60 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 36: “Garage door optical sensors too high” Investigator’s Observations: Verified. The sensor at one side of the door is installed approximately 12 inches above floor level, the sensor at the other side is installed approximately 20 inches above floor level. Manufacturer instructions typically require these sensors to be installed no more than 6 inches above floor level. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 37: “No GFCI protection on kitchen countertop outlet” Investigator’s Observations: This allegation is NOT verified. The complainant stated this has been completed. Governing Rule: N/A

Complaint Item 38: “Jack and jill bathroom shower door is loose” Investigator’s Observations: Verified. As confirmed by the respondent, this shower door is not latching properly. Reference Pictures: 61 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 39: “Jack and jill bathroom fan is too noisy” Investigator’s Observations: Verified. Excessive noise was heard from this exhaust fan during this inspection. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 40: “Jack and jill bathroom light in shower does not have vapor trim installed for “wet” location” Investigator’s Observations: Verified. This includes a total of four fixtures. One has been replaced with a sealed lens type fixture that visually appears to a fixture appropriate for damp locations. Two fixtures/luminaires are located over showers One fixture/luminaire is located over a tub. The International Residential Code states: “E4003.11 Bathtub and shower areas. …Luminaires within the actual outside dimension of the bathtub or shower to a height of feet (2438 mm) vertically from the top of the bathtub rim or shower threshold shall be marked for damp locations and where subject to shower spray, shall be marked for wet locations. [410.4(D)]" During this inspection, measurements were not taken to confirm heights above shower thresholds, or above the tub rim. Required corrective action:

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Arizona Registrar of Contractors Jobsite Inspection Notes • Confirm current fixtures/luminaires are installed at a height exceeding the dimension provided by the IRC. • If fixtures/luminaires are within the space identified damp or wet, replace fixtures/luminaires with fixtures appropriate for such locations. Reference Pictures: 62-64 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 41: “Oversized holes under master bathroom sink” Investigator’s Observations: Verified. Holes cut/drilled for plumbing are larger than what is covered by the installed escutcheon rings. Reference Pictures: 65 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 42: “Wrong amp receptacle installed at dryer location. Currently 50 amp when it should be 30 amp.” Investigator’s Observations: Verified. The receptacle was stated to have been replaced. Currently drywall and paint work around the receptacle is not complete. The electrical box is not secure in the wall. Reference Pictures: 66 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 43: “10 gauge wire attached to 40 amp breaker in main panel which is undersized for the breaker” Investigator’s Observations: This allegation is NOT verified. The breaker has been replaced with a 30 amp breaker, which is appropriate for the 10 gauge wire attached. Governing Rule: N/A

Complaint Item 44: “No anti-oxidant grease on aluminum wire/connections in breaker box and hvac” Investigator’s Observations: Verified. Anti-oxidant paste is visible at the stranded aluminum grounding wires. There is no anti-oxidant paste visible at the stranded aluminum “hot” wires connected to breakers. Reference Pictures: 67 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 45: “Attic access cover is too large” Investigator’s Observations: Verified. As confirmed by the respondent, the drywall access panel is too tight for the opening and currently is cracked. Additionally, the weather stripping is not complete. Reference Pictures: 68 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

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Arizona Registrar of Contractors Jobsite Inspection Notes

Complaint Item 46: “Loose tape at seams in air handler are leaking conditioned air into attic” Investigator’s Observations: Verified. This was not viewed during this inspection. This was confirmed/acknowledged by the respondent. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Addendum items – email dated 4/12/2023 at 1:26PM Complaint Item 47: “Caulk/Paint smears on 20' sliding glass door panel” Investigator’s Observations: This allegation is NOT verified. The complainant stated this has been completed. This complaint item is specific to caulk/paint smears on this door. The allegation of scratches in the glass as a result of corrective work are addressed in Complaint Item 66. Governing Rule: N/A

Complaint Item 48: “Paint spray bedroom door leading to back patio” Investigator’s Observations: This allegation is NOT verified. The complainant stated this has been completed. Governing Rule: N/A

Complaint Item 49: “No flapper/sleeve on back water valve” Investigator’s Observations: Verified. This was not viewed during this inspection. This was confirmed/acknowledged by the respondent. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 50: “Cabinet door fell off underneath the oven” Investigator’s Observations: This allegation is NOT verified as a violation of A.R.S. § 32-1154(A). There is moisture damage to the cabinet drawer below the wall oven. As stated by the complainant, the wall oven dripped condensation into this drawer. As stated in the Arizona Workmanship Standards: “Defects in appliances properly installed by the contractor should be limited to the manufacturer’s warranty.” This includes any damage caused by a defect in an appliance properly installed by the contractor. Provided after the ROC jobsite inspection: A service Invoice from Authorized Technical Services, LLC, dated 5/4/2023 Includes: “Per customer, unit vents too much moisture. Unit will draw air on the top vent and vent out on the bottom. Unit is operating as designed.” Reference Pictures: 69-70 Governing Rule: N/A

Addendum items – email dated 4/19/2023 at 3:21PM Complaint Item 51: “14' sliding glass door is damaged from an improperly placed screw that it is bumping into” Investigator’s Observations: Verified. At least one screw installed through the jamb is not fully set. There is an indentation and chipped paint on the operating panel of the door as a result of one of the installation screws. RCC100 11/14

Arizona Registrar of Contractors Jobsite Inspection Notes The following is information submitted by the respondent, specific to this patio door: • Lock side jamb fastener needs to be replaced, it is causing a small ding in the lock side stile • Security screw is in place • No sign of pile on head parting stop • Missing foam blocks Reference Pictures: 71-72 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 52: “20' sliding glass door opens on its own when not locked” Investigator’s Observations: Verified. The operating panel of this door does not stay in the latch side jamb unless locked. The following is information submitted by the respondent, specific to this patio door: • Sill track is within spec of 1/16”/ft variance of level • Exterior face of frame is plumb • Exterior face of all stiles are plumb and not bowed • Security screw is in place • Missing foam blocks at head track • Excess pile on interior side head parting stops display the track is potentially pinched. Possibly by shimming/wedge from one side • Lock side jamb and panel “reveal” display the jamb is bowed at the center and could cause the panel to not stay in place • Lead panel and intermediate panel interlock weather strip is damaged and can contribute to the panel not staying in place Governing Rule: A.R.S. § 32-1154(A)(3) – R4-9-108(b): Violation of any rule adopted by the registrar; Namely R 4-9-108(b): A contractor shall perform work in accordance with any applicable building codes...

Complaint Item 53: “Front door paint is bubbling off, weatherstripping does not extend the full length of the door, sidelights are opening up at the base, and separations are beginning at the top corners of the door frame (exterior). Internally, there are cracks the length of the grout in front of the door and sidelights.” Investigator’s Observations: Verified. Paint one the exterior of the door is bubbling. As confirmed by the respondent, the “Q-lon” weather stripping is cut too short at one side of the door. Exterior wood trim at the base of the sidelites is swelling, creating gaps. Miter joints of exterior trim are opening. The grout along the interior of the door is cracking. Reference Pictures: 73-80 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 54: “Stucco around fireplace is crumbling away” Investigator’s Observations: Verified. Cracking/gaps between stucco and the fireplace. Reference Pictures: 81 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

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Arizona Registrar of Contractors Jobsite Inspection Notes Complaint Item 55: “Mismatched paint exterior around bedroom/patio door and above back patio” Investigator’s Observations: Verified. There is touch up paint on the exterior of the master bedroom door that does not match well. The specific are is near eye level and visible from normal viewing conditions. All other areas of concerns with the matching blending of touch up paint are considered to be meeting workmanship standards. Reference Pictures: 84-91 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 56: “AC unit is making louder noises than usual” Investigator’s Observations: This allegation is NOT verified. No unusual or loud noises were heard from the air conditioner during this inspection. Governing Rule: N/A

Complaint Item 57: “Jack and Jill bathroom has blems (black spots) in mirror” Investigator’s Observations: This allegation is NOT verified as a violation of A.R.S. § 32-1154(A). Glass and mirror defects should be reported to the contractor at the time of the walk-thru. If no walk-thru has been held, these defects should be reported within 10 days of occupancy or replacement installation. Reference Pictures: 92 Governing Rule: N/A

Complaint Item 58: “Jack and Jill bathroom has paint overspray on a tile” Investigator’s Observations: This allegation is NOT verified. The complainant stated this has been completed. Governing Rule: N/A

Complaint Item 59: “Jack and Jill bathroom has mismatched paint” Investigator’s Observations: Verified. There is no noticeable mismatched paint on the wall in this bathroom. There is missing or poorly matched paint around the ceiling mounted sprinkler head. Reference Pictures: 93-96 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 60: “Uneven tile in master bathroom” Investigator’s Observations: Verified. Tile in this areas is set with 3/16 grout lines. There areas of lippage that exceed the acceptable tolerance of 1/32 inch. Reference Pictures: 97-99 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

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

Addendum items – email dated 4/24/2023 at 1:42PM Complaint Item 62: “Mattamy, in an attempt to fix my shower enclosure, put a 13" scratch across a glass pane that is in plain view and my fingernail will catch it.” Investigator’s Observations: Verified. As described, caulking was removed from the glass pane, and the glass pane was slid partially out of the “U” channel. The scratch is parallel with the “U” channel indicating it was scratched during the recent work. Reference Pictures: 100 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 63: “The toekick in my center island is separating.” Investigator’s Observations: This allegation is NOT verified as a violation of A.R.S. § 32-1154(A). Included in a 5/4/2023 email from the complainant: “Yes Timberlake performed services yesterday and we are satisfied with the work performed. Both items noted in Amanda's email below can be marked as resolved.” Governing Rule: N/A

Complaint Item 64: “Grasshoppers managed to get into my range hood vent, so something isn't sealed properly to the outside.” Investigator’s Observations: This allegation is NOT verified as a violation of A.R.S. § 32-1154(A). The wall cap for the range hood exhaust wall cap is screened. The openings in the screen are approximately 1/4 inch square. There are no holes or voids in or around the range hood exhaust wall cap. Reference Pictures: 101 Governing Rule: N/A

Addendum items – email dated 4/26/2023 at 3:17PM Complaint Item 65: “I am following up regarding Apex' recent visit today (4/26) to correct ROC complaint items within the shower. One of the tiles within the shower was damaged as a result of their work.” Investigator’s Observations: This allegation is NOT verified as a violation of A.R.S. § 32-1154(A). There is a small chip in one tile at the top of the master shower pony wall. It cannot be determined when this chip occurred or who may have caused this chip. Contractor’s responsibility on all manufactured surfaces is valid only if the damaged surface is indicated to the contractor or contractor’s representative within 10 days after move-in. After the ROC jobsite inspection, the complainant’s attorney provided a video of recent work being performed in the master shower. Within that video, one of the workers dropped a tool, or part, while working on the shower door. Based on the video, the tool or part that was dropped did not hit or come in contact with the chipped tile on the pony wall of the shower. Reference Pictures: 102-103 Governing Rule: N/A

Addendum items – email dated 5/1/2023 at 4:40PM

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Arizona Registrar of Contractors Jobsite Inspection Notes Complaint Item 66: “…In Mattamy's efforts to remove the caulk and paint smears across the 20 foot sliding glass doors, the door being worked on now has multiple long, vertical scratches as a result of the cleaning efforts. These scratches are visible from across the home.” Investigator’s Observations: This allegation is NOT verified as a violation of A.R.S. § 32-1154(A). The scratches describe are visible; however, it cannot be determined when the scratches occurred or who may have caused the scratches. Reference Pictures: 104-106 Governing Rule: N/A

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Jobsite Inspection Photos 1 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

Jobsite Inspection Photos 2 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

Jobsite Inspection Photos 3 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

Areas of stucco residue on the concrete stoop below the back patio door, painted over. One area removed exposing unpainted concrete.

Jobsite Inspection Photos 4 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

Areas of stucco residue on the concrete stoop below the back patio door, painted over. One area removed exposing unpainted concrete.

Jobsite Inspection Photos 5 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

Areas of stucco residue on the concrete stoop below the back patio door, painted over. One area removed exposing unpainted concrete.

Jobsite Inspection Photos 6 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

Rust on latch side gate post: There is a very small area of chipped paint and rust on the top corner of the latch side gate post. The area is approximately 1/16 inch by 1/4 inch. There is not sufficient evidence to verify this as a violation of A.R.S. § 32-1154(A).

Jobsite Inspection Photos 7 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

There is no rust on the latching mechanism visible under normal viewing conditions.

Jobsite Inspection Photos 8 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

The frame of the return air grill does not sit flat against the ceiling drywall.

Jobsite Inspection Photos 9 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

Recent corrective work included replacing this mirror. Resulting from the recent corrective work: small holes in the drywall above the mirror from the previous mirror mounting clips.

Jobsite Inspection Photos 10 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

Recent corrective work included replacing this mirror. Resulting from the recent corrective work: small holes in the drywall above the mirror from the previous mirror mounting clips.

Jobsite Inspection Photos 11 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

Glass enclosure: • The glass shower door does not “plane” in with the stationary panel to the right of the door. The glass door is out of plumb approximately 7/32 inch from top to bottom (approximately 78 Inches), leaning out. The stationary glass panel is out of plumb approximately 1/6 inch from top to bottom (approximately 42 inches), leaning in. The result is a misalignment of approximately 3/16 inches in a 42 inch span.

Jobsite Inspection Photos 12 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

Tile/drywall: • The tile on top of the shower enclosure pony wall is not parallel to the surface of the wall. Within approximately 12 inches, the setback varies from approximately 3/4 inch to 3/8 inch.

Jobsite Inspection Photos 13 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

Jobsite Inspection Photos 14 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

Areas of caulking peeling off the metal “U” channel.

Jobsite Inspection Photos 15 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

The metal end cap of the “U” channel at the shower door opening is taller than the sides of the metal “U” channel leaving a sharp corner/edge.

Jobsite Inspection Photos 16 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

Areas of caulking smeared on the glass.

Jobsite Inspection Photos 17 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

Vibration: • The low bracket / pivot point of the door has presets intended to create a center stopping point for the door. There is a noticeable “bump” when swinging the door past the center stopping position. The noticeable “bump” is not considered to be a vibration or a workmanship issue. Shower door mounting bracket / pivot point: • The lower mounting bracket / pivot point is not secure in the tile / curb. The bracket / pivot point rotates slightly when opening and closing the door, which changes the intended stopping point of the door.

Jobsite Inspection Photos 18 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

Jobsite Inspection Photos 19 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

Jobsite Inspection Photos 20 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

Lippage: • The decorative strip of tile in the master shower include areas of lippage that exceed the acceptable tolerance of 1/32 inch.

Jobsite Inspection Photos 21 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

Lippage: • The decorative strip of tile in the master shower include areas of lippage that exceed the acceptable tolerance of 1/32 inch.

Jobsite Inspection Photos 22 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

Lippage: • The decorative strip of tile in the master shower include areas of lippage that exceed the acceptable tolerance of 1/32 inch.

Jobsite Inspection Photos 23 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

Grout lines / cut lines / pattern: • There is variation between the two vertical strips of decorative tile in the master shower. Patterns, spacing, cut lines, grout lines, should match at both strip of decorative tile.

Jobsite Inspection Photos 24 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

Jobsite Inspection Photos 25 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

Jobsite Inspection Photos 26 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

The towel hoop is loose / pulled out from the wall; however, the cause is not able to be determined.

Jobsite Inspection Photos 27 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

There is a void in the stucco near the weep screed, below the kitchen/dining area window.

Jobsite Inspection Photos 28 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

The garage door bucks do have some visible splits and exposed nail heads. Applying paint with minimal prep work to garage door bucks is considered to be within industry standards.

Jobsite Inspection Photos 29 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

Areas of uneven and/or cracked caulking along the base trim. • Minor cracks in the corners of the drywall. • Area of unpainted, or incorrect paint color, near recessed lighting. • Bottoms of door stops at interior doors unpainted.

Jobsite Inspection Photos 30 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

Minor cracks in the corners of the drywall. • Area of unpainted, or incorrect paint color, near recessed lighting. • Bottoms of door stops at interior doors unpainted.

Jobsite Inspection Photos 31 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

Area of unpainted, or incorrect paint color, near recessed lighting. • Bottoms of door stops at interior doors unpainted.

Jobsite Inspection Photos 32 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

Bottoms of door stops at interior doors unpainted.

Jobsite Inspection Photos 33 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

There no leaks observed during this inspection.

The complainant pointed out a variance in the surface of the metal below the spout, where it is seamed to the casting of the sides of the faucet/fixture. Contractor’s responsibility on all manufactured surfaces is valid only if the damaged surface is indicated to the contractor or contractor’s representative within 10 days after move-in.

Jobsite Inspection Photos 34 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

One cabinet door appears to be “dented” on one corner.

Jobsite Inspection Photos 35 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

The base trim below the cabinet is installed poorly.

Jobsite Inspection Photos 36 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

Tile in this areas is set with 3/16 grout lines. There areas of lippage that exceed the acceptable tolerance of 1/32 inch.

Jobsite Inspection Photos 37 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

Tile in this areas is set with 3/16 grout lines. There areas of lippage that exceed the acceptable tolerance of 1/32 inch.

Jobsite Inspection Photos 38 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

Tile in this areas is set with 3/16 grout lines. There areas of lippage that exceed the acceptable tolerance of 1/32 inch.

Jobsite Inspection Photos 39 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

Tile in this areas is set with 3/16 grout lines. There areas of lippage that exceed the acceptable tolerance of 1/32 inch.

Jobsite Inspection Photos 40 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

Tile in this areas is set with 1/4 grout lines. There areas of lippage that exceed the acceptable tolerance of 1/16 inch.

Jobsite Inspection Photos 41 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

Tile in this areas is set with 1/4 grout lines. There areas of lippage that exceed the acceptable tolerance of 1/16 inch.

Jobsite Inspection Photos 42 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

There is a significant variation in the color/pattern of these tiles. The specific area pointed out by the complainant is not considered to be a defect.

Jobsite Inspection Photos 43 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

There is a significant variation in the color/pattern of these tiles. The specific area pointed out by the complainant is not considered to be a defect.

Jobsite Inspection Photos 44 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

Stucco in a corner, behind a down spout, has a rough and inconsistent texture.

Jobsite Inspection Photos 45 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

There are fine scratches along the tops of the chrome closet rods, no more than would be expected from normal use. No areas of rust were observed on the closet rods.

Jobsite Inspection Photos 46 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

There are fine scratches along the tops of the chrome closet rods, no more than would be expected from normal use. No areas of rust were observed on the closet rods.

Jobsite Inspection Photos 47 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

There are fine scratches along the tops of the chrome closet rods, no more than would be expected from normal use. No areas of rust were observed on the closet rods.

Jobsite Inspection Photos 48 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

There are fine scratches along the tops of the chrome closet rods, no more than would be expected from normal use. No areas of rust were observed on the closet rods.

Jobsite Inspection Photos 49 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

There are fine scratches along the tops of the chrome closet rods, no more than would be expected from normal use. No areas of rust were observed on the closet rods.

Jobsite Inspection Photos 50 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

The respondent acknowledged paint is still needed at the fascia boards side(s). Additionally, the overhang of the tile and barrel tiles do not match from one side to the other.

Jobsite Inspection Photos 51 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

The respondent acknowledged paint is still needed at the fascia boards side(s). Additionally, the overhang of the tile and barrel tiles do not match from one side to the other.

Jobsite Inspection Photos 52 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

The respondent acknowledged paint is still needed at the fascia boards side(s). Additionally, the overhang of the tile and barrel tiles do not match from one side to the other.

Jobsite Inspection Photos 53 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

There are areas of voids in the stucco near the weep screeds.

Jobsite Inspection Photos 54 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

There are areas of voids in the stucco near the weep screeds.

Jobsite Inspection Photos 55 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

There are areas of voids in the stucco near the weep screeds.

Jobsite Inspection Photos 56 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

Areas of missing weep screed inserts missing, damaged, and/or blocked.

Jobsite Inspection Photos 57 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

Areas of missing weep screed inserts missing, damaged, and/or blocked.

Jobsite Inspection Photos 58 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

A portion of the screening material is protruding from the screen frame. The respondent started to cut this back with a knife during this inspection.

Jobsite Inspection Photos 59 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

As confirmed by the respondent, the “Q-lon” weather stripping is cut too short at one side of the door.

Jobsite Inspection Photos 60 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

As confirmed by the respondent, the “Q-lon” weather stripping is cut too short at one side of the door.

Jobsite Inspection Photos 61 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

As confirmed by the respondent, this shower door is not latching properly.

Jobsite Inspection Photos 62 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

Two fixtures/luminaires are located over showers One fixture/luminaire is located over a tub. The International Residential Code states: “E4003.11 Bathtub and shower areas. …Luminaires within the actual outside dimension of the bathtub or shower to a height of 8 feet (2438 mm) vertically from the top of the bathtub rim or shower threshold shall be marked for damp locations and where subject to shower spray, shall be marked for wet locations. [410.4(D)]"

During this inspection, measurements were not taken to confirm heights above shower thresholds, or above the tub rim. Required corrective action: • Confirm current fixtures/luminaires are installed at a height exceeding the dimension provided by the IRC. • If fixtures/luminaires are within the space identified damp or wet, replace fixtures/luminaires with fixtures appropriate for such locations. Jobsite Inspection Photos 63 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

During this inspection, measurements were not taken to confirm heights above shower thresholds, or above the tub rim. Required corrective action: • Confirm current fixtures/luminaires are installed at a height exceeding the dimension provided by the IRC. • If fixtures/luminaires are within the space identified damp or wet, replace fixtures/luminaires with fixtures appropriate for such locations. 63 Jobsite Inspection Photos 64 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

During this inspection, measurements were not taken to confirm heights above shower thresholds, or above the tub rim. Required corrective action: • Confirm current fixtures/luminaires are installed at a height exceeding the dimension provided by the IRC. • If fixtures/luminaires are within the space identified damp or wet, replace fixtures/luminaires with fixtures appropriate for such locations. 64 Jobsite Inspection Photos 65 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

Holes cut/drilled for plumbing are larger than what is covered by the installed escutcheon rings.

Jobsite Inspection Photos 66 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

The receptacle was stated to have been replaced. Currently drywall and paint work around the receptacle is not complete. The electrical box is not secure in the wall.

Jobsite Inspection Photos 67 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

The receptacle was stated to have been replaced. Currently drywall and paint work around the receptacle is not complete. The electrical box is not secure in the wall.

Jobsite Inspection Photos 68 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

As confirmed by the respondent, the drywall access panel is too tight for the opening and currently is cracked. Additionally, the weather stripping is not complete.

Jobsite Inspection Photos 69 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

There is moisture damage to the cabinet drawer below the wall oven. As stated by the complainant, the wall oven dripped condensation into this drawer. As stated in the Arizona Workmanship Standards: “Defects in appliances properly installed by the contractor should be limited to the manufacturer’s warranty.” This includes any damage caused by a defect in an appliance properly installed by the contractor.

Jobsite Inspection Photos 70 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

Jobsite Inspection Photos 71 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

At least one screw installed through the jamb is not fully set. There is an indentation and chipped paint on the operating panel of the door as a result of one of the installation screws.

Jobsite Inspection Photos 72 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

At least one screw installed through the jamb is not fully set. There is an indentation and chipped paint on the operating panel of the door as a result of one of the installation screws.

Jobsite Inspection Photos 73 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

Paint one the exterior of the door is bubbling.

Jobsite Inspection Photos 74 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

Paint one the exterior of the door is bubbling.

Jobsite Inspection Photos 75 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

As confirmed by the respondent, the “Q-lon” weather stripping is cut too short at one side of the door.

Jobsite Inspection Photos 76 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

Wood trim at the base of the sidelites is swelling, creating gaps.

Jobsite Inspection Photos 77 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

Miter joints of exterior trim are opening.

Jobsite Inspection Photos 78 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

Miter joints of exterior trim are opening.

Jobsite Inspection Photos 79 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

The grout along the interior of the door is cracking.

Jobsite Inspection Photos 80 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

The grout along the interior of the door is cracking.

Jobsite Inspection Photos 81 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

Cracking/gaps between stucco and the fireplace.

Jobsite Inspection Photos 82 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

Cracking/gaps between stucco and the fireplace.

Jobsite Inspection Photos 83 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

Cracking/gaps between stucco and the fireplace.

Jobsite Inspection Photos 84 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

There is touch up paint on the exterior of the master bedroom door that does not match well. The specific are is near eye level and visible from normal viewing conditions.

Jobsite Inspection Photos 85 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

There is touch up paint on the exterior of the master bedroom door that does not match well. The specific are is near eye level and visible from normal viewing conditions.

Jobsite Inspection Photos 86 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

All other areas of concerns with the matching blending of touch up paint are considered to be meeting workmanship standards.

Jobsite Inspection Photos 87 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

All other areas of concerns with the matching blending of touch up paint are considered to be meeting workmanship standards.

Jobsite Inspection Photos 88 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

All other areas of concerns with the matching blending of touch up paint are considered to be meeting workmanship standards.

Jobsite Inspection Photos 89 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

All other areas of concerns with the matching blending of touch up paint are considered to be meeting workmanship standards.

Jobsite Inspection Photos 90 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

All other areas of concerns with the matching blending of touch up paint are considered to be meeting workmanship standards.

Jobsite Inspection Photos 91 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

All other areas of concerns with the matching blending of touch up paint are considered to be meeting workmanship standards.

Jobsite Inspection Photos 92 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

Jobsite Inspection Photos 93 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

There is no noticeable mismatched paint on the wall in this bathroom.

Jobsite Inspection Photos 94 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

There is no noticeable mismatched paint on the wall in this bathroom.

Jobsite Inspection Photos 95 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

There is no noticeable mismatched paint on the wall in this bathroom.

Jobsite Inspection Photos 96 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

There is missing or poorly matched paint around the ceiling mounted sprinkler head.

Jobsite Inspection Photos 97 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

Tile in this areas is set with 3/16 grout lines. There areas of lippage that exceed the acceptable tolerance of 1/32 inch.

Jobsite Inspection Photos 98 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

Tile in this areas is set with 3/16 grout lines. There areas of lippage that exceed the acceptable tolerance of 1/32 inch.

Jobsite Inspection Photos 99 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

Tile in this areas is set with 3/16 grout lines. There areas of lippage that exceed the acceptable tolerance of 1/32 inch.

Jobsite Inspection Photos 100 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

As described, caulking was removed from the glass pane, and the glass pane was slid partially out of the “U” channel. The scratch is parallel with the “U” channel indicating it was scratched during the recent work.

100 Jobsite Inspection Photos 101 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

101 Jobsite Inspection Photos 102 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

There is a small chip in one tile at the top of the master shower pony wall. It cannot be determined when this chip occurred or who may have caused this chip. Contractor’s responsibility on all manufactured surfaces is valid only if the damaged surface is indicated to the contractor or contractor’s representative within 10 days after move-in. After the ROC jobsite inspection, the complainant’s attorney provided a video of recent work being performed in the master shower. Within that video, one of the workers dropped a tool, or part, while working on the shower door. Based on the video, the tool or part that was dropped did not hit or come in contact with the chipped tile on the pony wall of the shower.

102 Jobsite Inspection Photos 103 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

103 Jobsite Inspection Photos 104 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

The scratches describe are visible; however, it cannot be determined when the scratches occurred or who may have caused the scratches.

104 Jobsite Inspection Photos 105 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

The scratches describe are visible; however, it cannot be determined when the scratches occurred or who may have caused the scratches.

105 Jobsite Inspection Photos 106 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 5/3/2023 Inspection Time: 9:00AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

The scratches describe are visible; however, it cannot be determined when the scratches occurred or who may have caused the scratches.

106 Katie Hobbs, Governor Martín Quezada, Director

Complainant: Mark Evinger 7758 West Sage Palm Lane Marana, AZ 85658

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

Respondent: Mattamy Arizona Construction LLC 9200 E Pima Center Pkway Ste 160 Scottsdale, AZ 85258

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

May 17, 2023

Re: Complaint No. 2023-03161

Dear Complainant and Respondent:

After the initial filing of the complaint 2023-03161, the Complainant filed addendum items.

A jobsite inspection is scheduled June 12, 2023 at 10:30 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

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

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

If either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time.

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

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

Sincerely,

John Smith John Smith, Investigator #194 (520) 483-0027 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 04/21 Arizona Registrar of Contractors Addendum Jobsite Inspection Notes Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 6/12/2023 Inspection Time: 10:30AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

Complainant: Mark Evinger Respondent: Mattamy Arizona Construction LLC

Present for the complainant: Mark & Tasha Evinger Present for the respondent: Travis Terpstra, Amanda Jensen, Will with XO Windows

General Notes: Photos taken with agency issued Canon PowerShot ELPH180 and/or agency issued Google cell phone. Audio recorded with agency issued Olympus recorder and/or agency issued Google cell phone.

Addendum Items add by emails dated 5/12/2023 Complaint Item 67: “…numerous other areas within our portico that were uneven…” Investigator’s Observations: Verified. There is one area of poorly matched paint, pointed out by the complainant. Specifically, while standing in the entry courtyard and facing the street, one area above and to the left of the entry arch, under the roof overhang. Reference Pictures: 2 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 68: “…numerous other areas within our portico that were uneven…” Investigator’s Observations: This allegation is NOT verified as a violation of A.R.S. § 32-1154(A). All areas of stucco pointed out by the complainant are considered to be meeting workmanship standards. Reference Pictures: 3-16 Governing Rule: N/A

Complaint Item 69: “…the light turning off then on in the hallway when the vacuum starts. This is the only spot in the house where this occurs, and it is for an outlet that was added by Mattamy a couple months ago. I am concerned this is indicative of something going on with the circuit breaker itself which has not been checked by the electricians while they were present…” Investigator’s Observations: This allegation is NOT verified as a violation of A.R.S. § 32-1154(A). The light was observed to flicker at the start-up of the complainant’s vacuum. The flicker, temporary dimming, was not considered to be excessive, and is a fairly common occurrence with High Efficiency bulbs. Governing Rule: N/A

Addendum Items add by email dated 5/16/2023 Complaint Item 70: “Last night we had rain in our area and parts of our sidelight (interior) were saturated with rainwater due to the way the door is setup to flow water out. Attached above are images from the inside where exposed wood from the sidelights is saturated and crumbling apart. Please let me know next steps to get this treated as we now have a mold concern with wet, exposed wood.” Investigator’s Observations: This door was not water tested during this inspection. RCC100 11/14

Arizona Registrar of Contractors Jobsite Inspection Notes The complainant acknowledged there has been no water intrusion noticed since the last repair of a section of weather-stripping; however, the complainant also stated there has been no rain since the last repair. After this inspection, the complainant submitted a third party inspection report stating the door was water tested and found to be allowing water intrusion. This third party report is considered to be inconclusive. The report does not include photos, and does not indicate how the door was water tested, or to what degree of pressure. This condition will be re-evaluated during a subsequent ROC inspection.

Complaint Item 71: “The fan replacement in bathroom 3 now causes the light above the toilet to flicker.” Investigator’s Observations: This allegation is NOT verified. This condition was not present during this inspection. Governing Rule: N/A

Complaint Item 72: “There have been no water tests conducted for the condensate drainage into the overflow pan. We did have our AC unit freeze over twice prior to our move in which caused water drainage into that” Investigator’s Observations: This allegation is NOT verified as a violation of A.R.S. § 32-1154(A). The complainant acknowledged the HVAC system has been in use since 6/29/2022 with no indications of a condensate drainage issue/problem. The complainant declined to have this viewed during this inspection. Governing Rule: N/A

Addendum Items add by email dated 6/5/2023 Complaint Item 73: “Front Door Repaint Issues - Uneven sanding of the door before primer and paint was applied. Odd markings where the bubbling occurred, even with fresh paint. Divets in the door where the scraping tool to remove the old layer of paint went too deep.” Investigator’s Observations: Verified. This door originally had an embossed wood grain texture. As a result of recent corrective work, most, but not all, of the door surface is now smooth. Variations are noticeable. Additionally, there are areas of paint runs and uneven surface. Reference Pictures: 17-25 Governing Rule: A.R.S. § 32-1154(A)(3) – R4-9-108(b): Violation of any rule adopted by the registrar; Namely R 4-9-108(b): A contractor shall perform work in accordance with any applicable building codes...

Complaint Item 74: “Stains on pavers in the courtyard and portico.” Investigator’s Observations: Verified. There are areas of stucco residue and oily type stains on the pavers. The respondent acknowledged this is a result of recent corrective work. Reference Pictures: 26-28 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

RCC100 11/14

Complaint Item 76: “Back patio ceiling is bowed across the length.” Investigator’s Observations: Verified. There is a significant bulge in the drywall patio ceiling. The bulge is approximately two feet away from the house wall, and is visible the full length of the patio. Reference Pictures: 30-31 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 77: “On the 20ft sliding glass door, a panel's metal frame was scratched and damaged (the same panel with the glass scratches).” Investigator’s Observations: This allegation is NOT verified as a violation of A.R.S. § 32-1154(A). The damage described actually includes a scratch, and a dent. It cannot be determined when this damage occurred or who may have caused this damage. Contractor’s responsibility on all manufactured surfaces is valid only if the damaged surface is indicated to the contractor or contractor’s representative within 10 days after move-in. After the ROC jobsite inspection, the complainant provided a video of recent work being performed on the patio door. The video did show work being performed in that specific area; however, the work being performed in the video is not consistent with causing the metal/aluminum to be dented. Reference Pictures: 32 Governing Rule: N/A

Complaint Item 78: “Vertical trim on one side of the 20ft sliding glass door is removed exposing the drywall.” Investigator’s Observations: Verified. Interior casing/trim has been removed from the interior side of the patio door. Reference Pictures: 33-34 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 79: “Missing foam blocks at head track on both sliding glass doors (per the manufacturer representative for the sliding glass door).” Investigator’s Observations: This allegation is NOT verified as a violation of A.R.S. § 32-1154(A). Foam blocks are installed at the top corners of stationary and secondary panels. There is no evidence a foam block is required to be installed at the top corner of the primary panel. Reference Pictures: 35 Governing Rule: N/A

Arizona Registrar of Contractors Jobsite Inspection Notes There are areas of tile with 1/4 inch grout joints that have lippage exceeding the acceptable tolerance of 1/16 inch. Reference Pictures: 36-39 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 81: “Wall is bowed out under the kitchen window.” Investigator’s Observations: This allegation is NOT verified as a violation of A.R.S. § 32-1154(A). The wall is straight to within the 1/4 inch tolerance specified in the Arizona Workmanship Standards. Reference Pictures: 40-42 Governing Rule: N/A

Complaint Item 82: “Missing paint on pantry door frame.” Investigator’s Observations: Verified. Recent repair work on the party door is not complete. The installed filler is not flat/flush with the surface of the jamb. There is unfilled/poorly filled nail holes. There is dust/debris embedded in the paint. Reference Pictures: 43 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 83: “Nursery bathroom door has insufficient paint/only primed.” Investigator’s Observations: This allegation is NOT verified. The complainant stated this is done. Governing Rule: N/A

Complaint Item 84: “Unlevel light switch in the office.” Investigator’s Observations: Verified. The four gang switch box in the den/office is not level. Reference Pictures: 44-45 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

RCC100 11/14

Addendum Item(s) Inspection Photos 1 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 6/12/2023 Inspection Time: 10:30AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

Addendum Item(s) Inspection Photos 2 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 6/12/2023 Inspection Time: 10:30AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658

Incorrect color touch up paint in this area.

Addendum Item(s) Inspection Photos 3 Case No.: 2023-03161 Investigator: John Smith #194 Inspection Date: 6/12/2023 Inspection Time: 10:30AM Address: 7758 W. Sage Palm Ln., Marana, AZ 85658