2023A-03168-CHC-ROC Notice of Hearing and Packet MAILED

2023A-03168-CHC-ROC · Registrar of Contractors · 2023-11-16

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Erica D Heredia , Case No. 2023-03168 COMPLAINANT, Docket No. 2023A-03168-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Ramer Construction LLC License No. ROC 229982,

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

HEARING INFORMATION The hearing is set for:

January 3, 2024 1:00 PM Brian Del Vecchio Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

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

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

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

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

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

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

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

The statutes and rules governing the hearing can be found at: Arizona Revised Statutes §§ 41-1092 to -1092.12, and Arizona Administrative Code R2-19-101 to -122. PARTICULAR ARIZONA STATUTES AND RULES INVOLVED The statutes and rules the Respondent is alleged to have violated are cited in the complaint and citation, which were served on the Respondent on October 26, 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 November 16, 2023.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail November 16, 2023 to:

Respondent(s) Ramer Construction LLC 162 Calle Pulpo Rio Rico, AZ 85648 Complainant(s) Erica D Heredia 97 Camino Embarcadero Rio Rico, AZ 85648

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

Case No. 2023-03168 /

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: Erica D Heredia Camino Embarcadero Rio Rico, AZ 85648

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: Ramer Construction LLC 162 Calle Pulpo Rio Rico, AZ 85648

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

March 24, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-03168

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for April 20, 2023 at 10:00 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

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

RESPONDENT: 1. Enclosed is a copy of the complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity to inspect the work complained of within fifteen days of the date of receipt of this notice. 2. To assist the assigned investigator in evaluating the merits of the complaint, please submit a response to the enclosed complaint to the assigned investigator prior to the scheduled inspection. 3. If you do not attend the jobsite inspection, your absence may negatively impact the investigation, and your interests. 4. If a building permit(s) was required for this project, please have the building permit information available at the jobsite inspection. If either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C008 05/21 Katie Hobbs, Governor Martín Quezada, Director

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

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

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

A Guide to Jobsite Inspections

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C008 05/21 4/7/23, 7:26 AM State of Arizona Mail - Complaint Number 2023-03168

Gregory Johndrow <[email redacted]>

Complaint Number 2023-03168 Erica Heredia <[email redacted]> Wed, Apr 5, 2023 at 4:32 PM To: [email redacted]

Hi Mr. Johndrow. I found these issues and would like for them to be added to the original complaint. If you could kindly do so. Thank you. Erica Heredia

Complaint Number: 2023-03168

-Walls bulging/wobbly -Baseboards gaps

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

Respondent: Ramer Construction LLC 162 Calle Pulpo Rio Rico, AZ 85648

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C005 04/21 Katie Hobbs, Governor Martín Quezada, Director

April 11, 2023

Re: Complaint No. 2023-03168

Dear Ramer Construction LLC:

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

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

Sincerely,

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

Cc: File

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C005 04/21 Arizona Registrar of Contractors Jobsite Inspection Notes Case No.: 2023-03168 Investigator: Greg Johndrow #195 Inspection Date: 4/20/2023 Inspection Time: 10:00 AM

Complainant: Erica Heredia Respondent: Ramer Construction LLC

Overview of project: New residential home with close of escrow 12/2021 General Notes: The site inspection was performed on this date and time with both parties present. In attendance for the respondent was Rudy Ruiz. Photos taken with agency issued Canon PowerShot ELPH180. Audio recorded with agency issued Olympus recorder.

Complaint Item 1: “Kitchen cabinet breaking” Investigator’s Observations: Verified. There is a 1/4'” gap between two of the upper cabinets in the kitchen. 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 2: “Kitchen drawer doesn't stay closed.” Investigator’s Observations: Verified. The top drawer in the base cabinet next to the refrigerator does not stay closed. Reference Pictures: 3 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 3: “Kitchen counter has wood exposed under” 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 wood sub-top is a common characteristic for this type of application. Reference Pictures: 4 Governing Rule: N/A

Complaint Item 4: “Nails coming out on walls/roof inside.” Investigator’s Observations: Conditions described are present; however, not verified as the responsibility of this respondent. Contractor is not responsible for repairs to nail pops, seam lines or other hairline cracks after the first year of occupancy. Reference Pictures: 5-8 Governing Rule: N/A

Complaint Item 5: “Floor tiles. Uneven, cracked, hollow and grout is coming off” Investigator’s Observations: Verified. The crack tile observed in the hallway, bedroom 1 and the living room. Require the necessary corrections. The degradation of the Grout found in bedroom 3, under the dining room table and in the Living room requires necessary corrections. The alleged uneven tile meet standards and no corrections are necessary. The alleged hollow tile meets standards and no corrections are necessary. The condition was noted to not be extensive, and the tile is solidly bonded to the floor. RCC100 11/14

Arizona Registrar of Contractors Jobsite Inspection Notes Reference Pictures: 9-25 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 6: “Wall paint peels off” Investigator’s Observations: Verified. The respondent is responsible for the peeling paint in a locations of the dining room and living room windows, where corrective work was performed. All other areas cannot be verified as the responsibility of the respondent. I’m unable to determine the cause or assign fault. Reference Pictures: 26-34 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 7: “Window in living room area was installed incorrectly. Air draft, howling noise with wind and allows smoke to get in house” 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. Reference Pictures: 35-36 Governing Rule: N/A

Complaint Item 8: “Light switch and outlets have air drafts.” Investigator’s Observations: This allegation is NOT verified. In response to this complaint item: There is not sufficient evidence to find that the Respondent failed to meet minimum workmanship standards per A.A.C. R4-9-108. Governing Rule: N/A

Complaint Item 9: “Entry door gap” Investigator’s Observations: Conditions described are present; however, not verified as the responsibility of this respondent. The adjustment of doors, windows and weather stripping become owner maintenance after the first year of occupancy. Reference Pictures: 37-39 Governing Rule: N/A

Complaint Item 10: “Bathroom faucet” 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. Reference Pictures: 40 Governing Rule: N/A

Complaint Item 11: “Closet sliding door is stained from two colors” Investigator’s Observations: Verified. The sliding closet doors in bedroom 1 have areas of paint touch up that does not match the remaining portion of the door. The necessary corrections are required. Reference Pictures: 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 12: “Shower window has draft of air, howling noise with wind and allows for smoke and insects to get in.” RCC100 11/14

Arizona Registrar of Contractors Jobsite Inspection Notes 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. It should be noted the pane of glass replaced on the operable portion of the window does not match the fixed side and should be corrected. Reference Pictures: 42 Governing Rule: N/A

Complaint Item 13: “Shower tile floor is uneven and sharp edges are exposed.” Investigator’s Observations: Verified. Excessive tile lippage was observed around the drain in the master shower and on the top of the curb. The Tile contains sharp edges around the raised areas of the drain. The necessary corrections are required. Reference Pictures: 43-49 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 14: “Bathroom wall. (Half way fixed)” Investigator’s Observations: Verified. The drywall patch started in the master bathroom has not been completed. The necessary corrections are required. Reference Pictures: 50 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: “Closets wooden rods bend. (missing middle support)” Investigator’s Observations: Verified. Closet rod supports have not been installed for the mid-span rod section in all closets. The necessary corrections are required. Reference Pictures: 51-56 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 16: “Windows outside have stucco cracking and gaps” Investigator’s Observations: Verified. Cracks and gaps were observed around multiple exterior sides of the windows. The necessary corrections are required. Reference Pictures: 57-72 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 17: “Porch pillars bottom are not complete” Investigator’s Observations: Verified. The Westside porch pillar on the back patio was not completed on the bottom. And all pillars, on the back patio, did not receive stucco around the base. Necessary corrections are required. Reference Pictures: 73,74 & 107 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 18: “Stucco all around the house. On top close to the roof, where tile roof meets the wall and on the bottom of walls. Texture is uneven, and/or is falling, cracked or missing.;Silicone and/or stucco falling or missing. Around windows, sliding door, hose area, electrical outlets, wires, ” Investigator’s Observations: Verified. Stucco was observed to have been started for repairs and not completed. The upper sections of the walls below the roof line has not been completed. The patch work around the replaced windows has not been completed. There are multiple cracks, chips and exposed lathe noted throughout. The necessary corrections are required. RCC100 11/14

Arizona Registrar of Contractors Jobsite Inspection Notes Reference Pictures: 75-102 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 19: “Paint all around the house is uneven and/or falling off.” 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. I am unable to determine a cause or assign fault for the conditions pointed out by the complainant at the time of this inspection. Reference Pictures: 103-105 Governing Rule: N/A

Complaint Item 20: “Bottom flash all around house exposed, or not properly placed. Accessible for water/birds/rodents/insects to get in.” Investigator’s Observations: Conditions described are present; however, not verified as the responsibility of this respondent. The locations of concern were repaired by the complainant prior to this inspection. The registrar may not issue a citation for a failure to perform work in a professional and workman like manner. If the contractors work has been subject to modification. Reference Pictures: 106, 108-111 Governing Rule: N/A

Complaint Item 21: “Tile roof has edges/corners with large gaps. Accessible for water/birds/ rodents/insects to get in.” Investigator’s Observations: This allegation is NOT verified. In response to this complaint item: There is not sufficient evidence to find that the Respondent failed to meet minimum workmanship standards per A.A.C. R4-9-108. Governing Rule: N/A

Complaint Item 22: “Garage door, water gets in” 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 described conditions were not present at the time of this inspection. Reference Pictures: 112 -113 Governing Rule: N/A

Complaint Item 23: “Drive way cement cracked/broken” Investigator’s Observations: Verified. The northeast corner of the driveway apron is broken. The necessary corrections are required. Reference Pictures: 114 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: “AC/Heater unit is a 4 ton. (Recorded at the county is a 5 ton for the size of house.)” Investigator’s Observations: This allegation is NOT verified. In response to this complaint item: There is not sufficient evidence to find that the Respondent failed to meet minimum workmanship standards per A.A.C. R4-9-108. No supporting documentation has been submitted to support this allegation. Governing Rule: N/A

Complaint Item 25: “AC/Heater unit blows little or no air to bedrooms, master bathroom and master closet.;Bedroom is either too hot or too cold, maybe unbalanced HVAC system”

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Arizona Registrar of Contractors Jobsite Inspection Notes Investigator’s Observations: This allegation is NOT verified. In response to this complaint item: There is not sufficient evidence to find that the Respondent failed to meet minimum workmanship standards per A.A.C. R4-9-108. Governing Rule: N/A

Complaint Item 26: “AC/Heater unit warranty paper work never given to us.” Investigator’s Observations: This statement by the complainant does not implicate a workmanship issue, or a violation of A.R.S. § 32-1154(A). Governing Rule: N/A

Complaint Item 27: “Front and Back yard. Uneven, creates puddling next to house and in front.” Investigator’s Observations: This allegation is NOT verified. In response to this complaint item: There is not sufficient evidence to find that the Respondent failed to meet minimum workmanship standards per A.A.C. R4-9-108. Final grade was established for obtaining the certificate of occupancy from the Santa Cruz County Building Department. The locations have not received landscaping. The complainant is responsible for maintaining proper drainage. Reference Pictures: 117-122 Governing Rule: N/A

Complaint Item 28: “Walls bulging/wobbly” Investigator’s Observations: Verified. The drywall in the master bedroom has a peaking seam observed mid span of the north wall. Necessary corrections are required. Reference Pictures: 123 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: “Baseboards gaps” Investigator’s Observations: This allegation is NOT verified. Interior and exterior caulking become owner maintenance items after the first year of occupancy. Reference Pictures: 124-127 Governing Rule: N/A

Complaint Item 30: “AC/Heater unit blows air all of a sudden even when the thermostat is off.” Investigator’s Observations: This allegation is NOT verified. In response to this complaint item: There is not sufficient evidence to find that the Respondent failed to meet minimum workmanship standards per A.A.C. R4-9-108. Governing Rule: N/A

RCC100 11/14

Picture 1 Jobsite Inspection Photos

Case: 2023-03168 Date: 4/20/2023 Address: 97 Camino Embarcadero; Rio Rico, AZ 85648 Picture 2 Jobsite Inspection Photos