ALJDEC - Licensing
2023A-03365-CHC-ROC · Registrar of Contractors · 2023-09-14
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Lisa and Robert Benson,
COMPLAINANTS,
v.
A-Z Services General Contracting, LLC
License No. ROC 323407,
RESPONDENT.
No. 2023A-03365-CHC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: August 29, 2023
APPEARANCES: Complainants Lisa and Robert Benson appeared on their own behalf. Jon Thomson appeared on behalf of Respondent A-Z Services General Contracting, LLC. Arizona Registrar of Contractors Investigator Steve Klein appeared as a witness.
ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella
FINDINGS OF FACT
A-Z Services General Contracting, LLC (“Respondent”) is the holder of License Number 323407 issued by the Arizona Registrar of Contractors (“Registrar”). Jonathon Ross Thomson is Respondent’s Qualifying Party and Manager.
In or about August 2021, Lisa and Robert Benson (“Complainants”) contracted with Respondent for Respondent to install two sliding glass doors during the course of a remodel project. Complainants paid Respondent in full in the amount of $42,000.00.
On or about March 20, 2023, the Registrar received a Complaint against Respondent from Complainants alleging abandonment and poor work with respect to the project.
The Registrar assigned the Complaint to Investigator Steve Klein. Investigator Klein conducted a Jobsite Inspection on May 19, 2023. On May 22, 2023, Investigator Klein issued a Written Directive to Respondent that provided as follows:
After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on June 22, 2023.
You are directed to remedy the following violations by the appropriate means:
Complaint #1 Trim work surrounding two sliding installed doors has not been provided.
Inspector’s Observation: Verified the work is incomplete.
• Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders and local building codes
Complaint #2 Weather stripping surrounding sides and bottom of side entry door was not provided
Inspector’s Observation: Complainant provides the contract to substantiate the complaint
• Respondent shall complete project per original contract agreement or properly executed change orders.
Complaint #3 Sliding Door provided is defective and warped. Also does not match color of other slider as promised.
Inspector’s Observation: This issue may or may not be in the contract. No written record was provided at time of inspection.
• Respondent shall correct by the appropriate means.
• Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, local building codes and manufacturer’s installation instructions.
• Obtain the correct permit regarding the work and have the work inspected and approved by the proper governing authority.
Complaint #4 Interior wall left unfinished surrounding large slider door
Inspector’s Observation: Verified the work is unfinished. In addition it appears a building permit was not purchased before the job was started.
• Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, local building codes and manufacturer’s installation instructions.
• Obtain the correct permit regarding the work and have the work inspected and approved by the proper governing authority.
Complaint #5 Damage to ceiling due to temporary wall hooks contractor installed were left for us to have repaired and painted.
Inspector’s Observation: Verified the work is unfinished. (Wall texture)
• Respondent shall complete project per original contract agreement or properly executed change orders.
Complaint #6 Orange peel texture and paint work not completed
Inspector’s Observation: Verified the work is unfinished. (Wall texture)
• Respondent shall complete project per original contract agreement or properly executed change orders
ITEMS NOT REQUIRING CORRECTION
The following complaint items require no action by the Respondent:
Complaint #7 Requested refund for unfinished work so we could hire another contractor to complete since he would not return to complete the work. Sent additional email requesting he come back or provide refund and neither was granted.
Inspector’s Observation: This agency does not have the authority to resolve disputed money amounts.
All errors in original.
On June 23, 2023, the day after the expiration of the Written Directive, Investigator Klein received an email from Complainants stating that Respondent had not performed any corrective work as required by the Written Directive. Consequently, a Compliance Inspection was not performed.
Investigator Klein forwarded the Complaint to the Registrar’s Legal Department. The Registrar issued a Citation against Respondent charging possible violations of A.R.S. § 32-1154(A)(3), namely A.A.C. R4-9-108(A), and A.R.S. § 32-1154(A)(22).
Investigator Klein testified consistently with the findings contained in his Jobsite Inspection notes and the Written Directive. Investigator Klein testified that a permit should have been obtained prior to the commencement of the work. Investigator Klein did not conduct a prehearing inspection because he was informed by Complainants that Respondent did not perform any work.
Robert Benson testified that it has been two years since the start of the project and it is still not complete, as there is no trim installed and there are exposed 2x4’s resulting in large gaps that expose the interior to the outside elements and to bugs.
Respondent subcontracted Redline Doors to perform the door installation. Redline Doors purchased the doors from Milgaard.
Regarding item number 3 on the Written Directive, Complainants testified that Milgaard, the manufacturer of the door, is providing the door free of charge. Mr. Benson testified that he “does not expect Respondent to fix the door itself,” however, Respondent was supposed to correct the items related to the finish work.
Jon Thomson testified that Respondent “is not trying to get out of work; what [Complainants] are saying is not unreasonable.” Mr. Thomson testified that Complainants purchased the door directly from Redline Doors, that Respondent “had nothing to do with those payments,” that Redline Doors performed the installation, and that he has made numerous calls to Redline Doors in an attempt to resolve the matter. Mr. Thomson testified that Complainants’ “other complaints are valid” and Respondent is willing to take responsibility for the other items of Complaint. Mr. Thomson testified that Respondent is willing to perform the required work, however, did not do so because he was attempting to resolve the matter with Complainants through a financial settlement. However, the parties did not settle the matters which are identified in the Complaint and Written Directive.
Administrative notice is taken of Respondent’s prior License record on September 11, 2023. Such prior License record reflects that Respondent’s License Number 323407 was first issued on January 30, 2019, and is active. Such prior License record also reflects that there is only the instant open complaint, no disciplined complaints, and no resolved/settled complaints against Respondent’s license.
CONCLUSIONS OF LAW
This matter lies within the Registrar’s jurisdiction.
Complainants bear the burden of proof to establish Respondent’s statutory violations by a preponderance of the evidence. “A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.”
The evidence established that Respondent’s work was not in conformity with the Registrar’s standards. Therefore, Complainants established that Respondent did not complete the project in a workmanlike manner in violation of A.R.S. § 32-1154(A)(3), namely A.A.C. R4-9-108(A).
The evidence established that Respondent did not complete the corrective work following the Written Directive being issued and that valid justification for such failure did not exist. Therefore, Complainants established that Respondent failed to take appropriate corrective action following a Written Directive from the Registrar in violation of A.R.S. § 32-1154(A)(22).
RECOMMENDED ORDER
Based on the foregoing, it is recommended that on the effective date of the Order, the Registrar shall suspend Respondent’s License Number 323407 for a period of four (4) days.
It is further recommended that the Registrar require Respondent to pay the sum of $500.00 as a civil penalty pursuant to A.R.S. § 32-1154(E).
It is further recommended that if Respondent fails to pay the entire amount of the civil penalty on or before thirty (30) days following the effective date of the Registrar’s final order, the Registrar revoke Respondent’s license, effective on such deadline date. No future license shall be issued to any entity consisting of persons associated with Respondent, as defined in A.R.S. § 32-1101(A)(7), unless Respondent tenders payment of any outstanding prior civil penalty.
Pursuant to A.R.S. § 41-1092.08(I), the licensee may accept the Administrative Law Judge Decision by advising the Office of Administrative Hearings in writing not more than ten (10) days after receiving the decision. If the licensee accepts the Administrative Law Judge Decision, the decision shall be certified as the final decision by the Office of Administrative Hearings.
In the event of certification of the Administrative Law Judge Decision by the Director of the Office of Administrative Hearings, the effective date of the Order will be forty (40) days from the date of that certification.
Done this day, September 14, 2023.
/s/ Sondra J. Vanella
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Cindy Casaus, Interim Director
Registrar of Contractors
[email redacted]
A-Z Services General Contracting, LLC
[email redacted]
Lisa and Robert Benson
[email redacted]
Steve Klein
[email redacted]
By: OAH Staff