2023A-03485-CHC-ROC Notice of Hearing and Packet MAILED

2023A-03485-CHC-ROC · Registrar of Contractors · 2024-01-31

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Corrine Hajjar , Case No. 2023-03485 COMPLAINANT, Docket No. 2023A-03485-CHC-ROC v. NOTICE OF HEARING ON CONTESTED CASE DRH Phoenix East Construction Inc License No. ROC 064532,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

March 19, 2024 1:00 PM Tammy Eigenheer 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 January 4, 2024. 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/forms/RC-L-800A%20- %20Prehearing%20Disclosure%20Statement%2020191007v4.pdf

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 January 31, 2024.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail January 31, 2024 to: Respondent(s) DRH Phoenix East Construction Inc 2525 W Frye Road, Suite 100 Chandler, AZ 85224

Rosary A. Hernandez, Esq. 1850 N Central Ave Ste 1700 Phoenix, AZ 85004

Complainant(s) Corrine Hajjar 1255 N. Arizona Ave #1030 Chandler, AZ 85225

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

Case No. 2023-03485 /

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: Corrine Hajjar 1255 N. Arizona Ave #1030 Chandler, AZ 85225

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: DRH Phoenix East Construction Inc DBA: 2525 W Frye Rd, Ste 100 Chandler, AZ 85224

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 28, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-03485

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for April 13, 2023 at 12:00 PM. 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, Patricia Schuette Patricia Schuette, Investigator (602) 771-6744 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

CC: Respondent Complainant

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

A Guide to Jobsite Inspections

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Jobsite Inspection Notes

Case No.: 2023-03485 Investigator: Patricia Schuette Inspection Date: April 13, 2023 Inspection Time: 12:00 PM

Complainant: Corrine Hajjar Respondent: DRH Phoenix East Not Present: Construction Inc Not Present:

Jobsite General Notes: Both parties present including Dawn McCumber and Yoana Garcia Chavez. I explained the purpose of the inspection and that if a violation was found a directive would be issued giving a minimum of 15 days to correct. I explained that the ROC does not dictate how to correct just that it has to be done in a workmanship like manner and within appropriate means.

Complaint Item: 1- Electrical issues throughout- breakers tripping repeatedly, tablets overheating on walls, electrical panel mislabeled. Investigator’s Observation: Verified. Kitchen outlet on island caused breaker to trip with use of vacuum. Tablet for home security (?) mounted on exterior wall and overheating. Uncertain if panel is mislabeled but it is very difficult to determine what breaker shuts off power to each location. Governing Rule: A.R.S. § 32-1154(A)(3) Poor Workmanship

Complaint Item: 2- Flooring/tile- grout along edges/baseboards, poor workmanship, residual grout throughout, paint overspray on tile floor in bathroom. Investigator’s Observation: There were areas where paint was not cut into grout at base and locations where grout was up base trim. Also noted a few

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 RCC100 08/19

locations where there was grout or some kind of haze on floor tiles. Governing Rule: : A.R.S. § 32-1154(A)(3) Poor Workmanship

Complaint Item: 3- Carpet- gaps between carpet and walls, areas with no padding. Investigator’s Observation: Unverified. The gap shown is where the carpet meets the drywall. Carpet did not appear to be cut short. Governing Rule: N/A

Complaint Item: 4- Stucco- thin, flaking off, uneven, cracked, large indentations (patio). Investigator’s Observation: Verified. It appears as though the brushing prior to paint to remove high tips was not done. It appears that the flaking is the high tips. The stucco thickness could not be determined but there was a few locations where the stucco met the drywall lid that had indentions where the caulking was thick. Governing Rule: : A.R.S. § 32-1154(A)(3) Poor Workmanship

Complaint Item: 5- Front door- Missing weather stripping Investigator’s Observation: Unverified. Weather stripping was present. Governing Rule: N/A

Complaint Item: 6- Cabinets- Scratched, dented, mismatched cabinet doors, sticker indication cabinets are defective. Investigator’s Observation: Verified. There were two upper wall cabinet doors in the kitchen on the stove wall that were not in same color finish. Also noted several small dings and or chips in doors, toe kicks, drawer fronts, end panel, and faceframe. Governing Rule: : A.R.S. § 32-1154(A)(3) Poor Workmanship

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 RCC100 08/19

Complaint Item: 7- Failed to install dishwasher correctly after 12/2023 move- in, flooded under kitchen sink, cabinet now warped. Cabinet scratches colored in with a marker/sharpie. Investigator’s Observation: Verified. Dishwasher had weather stripping folded over on itself. Side skin of kitchen sink base was warped from moisture. There were a few locations where cabinets appeared to be repaired and repairs were visible. Governing Rule: : A.R.S. § 32-1154(A)(3) Poor Workmanship

Complaint Item: 8- Bathroom faucets- peeling/chipping Investigator’s Observation: Unverified. The peeling/chipping appears to be from hard water build up. Governing Rule:N/A Complaint Item: 9- Kitchen hood/vent poorly installed Investigator’s Observation: Verified. Not flush. Governing Rule: : A.R.S. § 32-1154(A)(3) Poor Workmanship

Complaint Item: 10- Bathroom counters- scratched/gouges/swirl marks. Told by warranty rep Dawn that they would not be replaced since not visible from 3 feet away. Investigator’s Observation: Verified. There was a mark on the rim of the primary bathroom where there was a mark that could be seen. Also corners of the sink bowl that was not smooth. Bath 2 had one location that appeared to have a repair done that did not get sanded/buffed enough and build up still visable. Governing Rule: : A.R.S. § 32-1154(A)(3) Poor Workmanship

Complaint Item: 11- Interior paint- flaking off, uneven, discoloration bleeding through (kitchen/office/along stairs). Overspray, visible paint drips, overspray throughout and on stair railing. Investigator’s Observation: Verified. There was discoloration on one kitchen wall, two locations in office. Also noted paint drips on pantry shelves and a

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 RCC100 08/19

few doors. Governing Rule: : A.R.S. § 32-1154(A)(3) Poor Workmanship

Complaint Item: 12- Doors/door frames/moulding – dented scratched. Investigator’s Observation: Verified. Few locations where door casing and door frames were dented and scratched. Minor chipping seen at bottom of a couple doors. Governing Rule: : A.R.S. § 32-1154(A)(3) Poor Workmanship

Complaint Item: 13- Garage- excessive cracks in concrete. Investigator’s Observation: Unverified. Governing Rule: N/A Complaint Item: 14- Stairs- Staples felt on steps. Have had 2 guests sustain lacerations on their feet. Investigator’s Observation: Unverified. Could not locate a staple or nail. Governing Rule: N/A Complaint Item: 15- Washing machine drain pan- Installed cracked drain pan (by Tim Sullivan and Vince Ramirez), Investigator’s Observation: Verified. Pan for washer was cracked on outer rim. Governing Rule: : A.R.S. § 32-1154(A)(3) Poor Workmanship

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 RCC100 08/19

Katie Hobbs, Governor Martín Quezada, Director

Complainant: Corrine Hajjar 1255 N. Arizona Ave #1030 Chandler, AZ 85225

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 C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

Respondent: DRH Phoenix East Construction Inc DBA: 2525 W Frye Rd, Ste 100 Chandler, AZ 85224

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 C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

April 20, 2023

License No. ROC 064532

Re:Complaint No. 2023-03485

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on May 8, 2023.

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

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

This means the license is suspended for lack of qualifying party, lack of bond, nonrenewal, Recovery Fund payout, or for any reason listed in A.R.S. § 32-1124(F).

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

Governing Rule: A.R.S. § 32-1154(A)(3) Poor Workmanship

Compliance Item: 6- Cabinets- Scratched, dented, mismatched cabinet doors, sticker indication cabinets are defective. Investigator’s Observation: Verified. There were two upper wall cabinet doors in the kitchen on the stove wall that were not in same color finish. Also noted several small dings and or chips in doors, toe kicks, drawer fronts, end panel, and faceframe. Governing Rule: A.R.S. § 32-1154(A)(3) Poor Workmanship

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 C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

Compliance Item: 7- Failed to install dishwasher correctly after 12/2023 move-in, flooded under kitchen sink, cabinet now warped. Cabinet scratches colored in with a marker/sharpie. Investigator’s Observation: Verified. Dishwasher had weather stripping folded over on itself. Side skin of kitchen sink base was warped from moisture. There were a few locations where cabinets appeared to be repaired and repairs were visible. Governing Rule: A.R.S. § 32-1154(A)(3) Poor Workmanship

Compliance Item: 9- Kitchen hood/vent poorly installed Investigator’s Observation: Verified. Not flush. Governing Rule: A.R.S. § 32-1154(A)(3) Poor Workmanship

Compliance Item: 10- Bathroom counters- scratched/gouges/swirl marks. Told by warranty rep Dawn that they would not be replaced since not visible from 3 feet away. Investigator’s Observation: Verified. There was a mark on the rim of the primary bathroom where there was a mark that could be seen. Also corners of the sink bowl that was not smooth. Bath 2 had one location that appeared to have a repair done that did not get sanded/buffed enough and build up still visable. Governing Rule: A.R.S. § 32-1154(A)(3) Poor Workmanship

Compliance Item: 11- Interior paint- flaking off, uneven, discoloration bleeding through (kitchen/office/along stairs). Overspray, visible paint drips, overspray throughout and on stair railing. Investigator’s Observation: Verified. There was discoloration on one kitchen wall, two locations in office. Also noted paint drips on pantry shelves and a few doors.

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 C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

Governing Rule: A.R.S. § 32-1154(A)(3) Poor Workmanship

Compliance Item: 15- Washing machine drain pan- Installed cracked drain pan (by Tim Sullivan and Vince Ramirez). Investigator’s Observation: Verified. Pan for washer was cracked on outer rim. Governing Rule: A.R.S. § 32-1154(A)(3) Poor Workmanship

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

Compliance Item: 3- Carpet- gaps between carpet and walls, areas with no padding. Investigator’s Observation: Unverified. The gap shown is where the carpet meets the drywall. Carpet did not appear to be cut short. Governing Rule: N/A

Compliance Item: 5- Front door- Missing weather stripping Investigator’s Observation: Unverified. Weather stripping was present. Governing Rule: N/A

Compliance Item: 8- Bathroom faucets- peeling/chipping Investigator’s Observation: Unverified. The peeling/chipping appears

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 C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

to be from hard water build up. Governing Rule: N/A

Compliance Item: 13- Garage- excessive cracks in concrete. Investigator’s Observation: Unverified. Governing Rule: N/A

Compliance Item: 14- Stairs- Staples felt on steps. Have had 2 guests sustain lacerations on their feet. Investigator’s Observation: Unverified. Could not locate a staple or nail. Governing Rule: N/A

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

Sincerely,

Patricia Schuette Patricia Schuette, Investigator (602) 771-6744 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

CC: Respondent Complainant

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

DRH Phoenix East Construction Inc

2525 W Frye Rd, Ste 100 Chandler, AZ 85224

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 C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

Complainant: Corrine Hajjar 1255 N. Arizona Ave #1030 Chandler, AZ 85225

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 C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

Respondent: DRH Phoenix East Construction Inc DBA: 2525 W Frye Rd, Ste 100 Chandler, AZ 85224

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 C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

June 27, 2023

License No. ROC 064532

Re:Complaint No. 2023-03485

WRITTEN DIRECTIVE FROM THE REGISTRAR- AMENDED

Dear Respondent:

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

This means the license is suspended for lack of qualifying party, lack of bond, nonrenewal, Recovery Fund payout, or for any reason listed in A.R.S. § 32-1124(F).

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

Governing Rule: A.R.S. § 32-1154(A)(3) Poor Workmanship

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 C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

Compliance Item: 9- Kitchen hood/vent poorly installed Investigator’s Observation: Verified. Not flush. Governing Rule: A.R.S. § 32-1154(A)(3) Poor Workmanship

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 C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

Governing Rule: A.R.S. § 32-1154(A)(3) Poor Workmanship

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

Compliance Item: 5- Front door- Missing weather stripping Investigator’s Observation: Unverified. Weather stripping was present. Governing Rule: N/A

Compliance Item: 8- Bathroom faucets- peeling/chipping Investigator’s Observation: Unverified. The peeling/chipping appears

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 C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

to be from hard water build up. Governing Rule: N/A

Compliance Item: 13- Garage- excessive cracks in concrete. Investigator’s Observation: Unverified. Governing Rule: N/A

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

Sincerely,

Patricia Schuette Patricia Schuette, Investigator (602) 771-6744 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

CC: Respondent Complainant

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

DRH Phoenix East Construction Inc

2525 W Frye Rd, Ste 100 Chandler, AZ 85224

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 C009 04/21 Complainant: Corrine Hajjar 1255 N. Arizona Ave #1030 Chandler, AZ 85225

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 Respondent: DRH Phoenix East Construction Inc DBA: 2525 W Frye Rd, Ste 100 Chandler, AZ 85224

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 August 17, 2023

Compliance Jobsite Inspection Notice Re: Complaint No. 2023-03485

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for August 28, 2023 at 11:15 AM to determine the current status of the items listed on the issued Directive.

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

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

Sincerely,

Patricia Schuette Patricia Schuette, Investigator 602 7716744 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

CC: Respondent Complainant

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

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

Complainant: Corrine Hajjar 1255 N. Arizona Ave #1030 Chandler, AZ 85225

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 C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

Respondent: DRH Phoenix East Construction Inc DBA: 2525 W Frye Rd, Ste 100 Chandler, AZ 85224

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 C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

August 28, 2023

License No. ROC 064532

Re:Complaint No. 2023-03485

WRITTEN DIRECTIVE FROM THE REGISTRAR-COMPLIANCE

Dear Respondent:

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

This means the license is suspended for lack of qualifying party, lack of bond, nonrenewal, Recovery Fund payout, or for any reason listed in A.R.S. § 32-1124(F).

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

Compliance Findings: Tablet was relocated and no longer overheating however, not communicating with doorbell. Main panel door to be replaced and labeling redone after verifying each breaker. The outlet that keeps tripping on the kitchen island is a GFCI and it appears to be the cause of the tripped breaker. It appears that the vacuum is pulling or arching higher than the 15AMP breaker and not a workmanship issue.

Compliance Item: 2- Flooring/tile- grout along edges/baseboards, poor workmanship, residual grout throughout, paint overspray on tile floor in bathroom. Investigator’s Observation: Verified. There were areas where paint was not cut into grout at base and locations where grout was up base trim. Also noted a few locations where there was grout or some kind of haze on floor tiles. Compliance Findings: There are still some tiles that has what appears to be thin set on the top of tile. Repair within appropriate means. There were also some other tiles that had a color variation that appears to be in the tile itself. No action required as this is not a workmanship issue but a possible manufacturer finish.

Compliance Item: 4- Stucco- thin, flaking off, uneven, cracked, large indentations (patio). Investigator’s Observation: Verified. It appears as though the brushing prior to paint to remove high tips was not done. It appears that the flaking is the high tips. The stucco thickness could not be determined but there were a few locations where the stucco met the drywall lid that had indentions where the caulking was thick. Compliance Findings: The back patio stucco was addressed with a few high tips remaining however, the stucco appears to be proper thickness and

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 C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

solid. There remains 3 locations where the stucco meets the drywall lid that have thick caulking applied. Repair within appropriate means.

Compliance Item: 9- Kitchen hood/vent poorly installed Investigator’s Observation: Verified. Not flush. Compliance Findings: Corrected

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 C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

of the sink bowl that was not smooth. Bath 2 had one location that appeared to have a repair done that did not get sanded/buffed enough and build up still visible. Compliance Findings: Countertops were replaced but new tops have some minor damage/scratches. Repair within appropriate means.

Compliance Item: 12- Doors/door frames/moulding – dented scratched. Investigator’s Observation: Verified. Few locations where door casing and door frames were dented and scratched. Minor chipping seen at bottom of a couple doors. Compliance Findings: It appears that most areas were corrected however, there was some minor dented places on bath two door frame/casing lower left. Repair within appropriate means.

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

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 C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

Sincerely,

Patricia Schuette Patricia Schuette, Investigator (602) 771-6744 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

CC: Respondent Complainant

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

DRH Phoenix East Construction Inc

2525 W Frye Rd, Ste 100 Chandler, AZ 85224

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Respondent: DRH Phoenix East Construction Inc DBA: 2525 W Frye Rd, Ste 100 Chandler, AZ 85224

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Case No.: 2023-03485 Investigator: Inspection Date: August 28, 2023 Inspection Time: 11:15 AM

Compliance Jobsite General Notes:

Compliance Findings:

Compliance Item: 1- Electrical issues throughout- breakers tripping repeatedly, tablets overheating on walls, electrical panel mislabeled. Investigator’s Observation: Verified. Kitchen outlet on island caused breaker to trip with use of vacuum. Tablet for home security (?) mounted on exterior wall and overheating. Uncertain if panel is mislabeled but it is very difficult to determine what breaker shuts off power to each location. Compliance Findings: Tablet was relocated and no longer overheating however, not communicating with door bell. Main panel to be replaced and labeling redone after verifying each breaker. The outlet that keeps tripping on the kitchen island is a GFCI and it appears to be the cause of the tripped breaker. Recommend not using that outlet.

Compliance Item: 2- Flooring/tile- grout along edges/baseboards, poor workmanship, residual grout throughout, paint overspray on tile floor in bathroom. Investigator’s Observation: Verified. There were areas where paint was not cut into grout at base and locations where grout was up base trim. Also noted a few locations where there was grout or some kind of haze on floor tiles. Compliance Findings: There are still some tiles that has what appears to be thin set on the top of tile. Repair within appropriate means. There were also some other tiles that had a color variation that appears to be in the tile 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 itself. No action required as this is not a workmanship issue but a possible manufacturer finish.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 There were a few locations where cabinets appeared to be repaired and repairs were visible. Compliance Findings: Corrected

Compliance Item: 9- Kitchen hood/vent poorly installed Investigator’s Observation: Verified. Not flush. Compliance Findings: Corrected

Compliance Item: 10- Bathroom counters- scratched/gouges/swirl marks. Told by warranty rep Dawn that they would not be replaced since not visible from 3 feet away. Investigator’s Observation: Verified. There was a mark on the rim of the primary bathroom where there was a mark that could be seen. Also corners of the sink bowl that was not smooth. Bath 2 had one location that appeared to have a repair done that did not get sanded/buffed enough and build up still visable. Compliance Findings: Countertops were replaced but new tops have some minor damage/scratches. Repair within appropriate means.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Compliance Item: 12- Doors/door frames/moulding – dented scratched. Investigator’s Observation: Verified. Few locations where door casing and door frames were dented and scratched. Minor chipping seen at bottom of a couple doors. Compliance Findings: It appears that most areas were corrected however, there was some minor dented places on bath two door frame/casing lower left. Repair within appropriate means.

Note:

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

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

Patricia Schuette Patricia Schuette, Investigator 602 7716744 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

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

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

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Complainant: Corrine Hajjar 1255 N. Arizona Ave #1030 Chandler, AZ 85225

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 Respondent: DRH Phoenix East Construction Inc DBA: 2525 W. Frye Road Chandler, AZ 85224

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 October 17, 2023

Compliance Jobsite Inspection Notice Re: Complaint No. 2023-03485

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for October 31, 2023 at 10:00 AM to determine the current status of the items listed on the issued Directive.

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

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

Sincerely,

Patricia Schuette Patricia Schuette, Investigator 602 7716744 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

CC: Respondent Complainant

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 Complainant: Corrine Hajjar 1255 N. Arizona Ave #1030 Chandler, AZ 85225

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Respondent: DRH Phoenix East Construction Inc DBA: 2525 W Frye Rd, Ste 100 Chandler, AZ 85224

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Case No.: 2023-03485 Investigator: Inspection Date: October 31, 2023 Inspection Time: 10:00 AM

Compliance Jobsite General Notes:

Compliance Findings:

Compliance Item: 1- Electrical issues throughout- breakers tripping repeatedly, tablets overheating on walls, electrical panel mislabeled. Investigator’s Observation: Verified. Kitchen outlet on island caused breaker to trip with use of vacuum. Tablet for home security (?) mounted on exterior wall and overheating. Uncertain if panel is mislabeled but it is very difficult to determine what breaker shuts off power to each location. Compliance Findings: Corrected. The tablet is still not communicating with door bell but it appears that this can be a defective tablet and not within ROC jurisdiction.

Compliance Item: 2- Flooring/tile- grout along edges/baseboards, poor workmanship, residual grout throughout, paint overspray on tile floor in bathroom. Investigator’s Observation: Verified. There were areas where paint was not cut into grout at base and locations where grout was up base trim. Also noted a few locations where there was grout or some kind of haze on floor tiles. Compliance Findings: Corrected. All visible areas have been corrected. Complainant has moved some furniture since and discovered new areas. Any new items do not fall within this complaint.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Compliance Item: 4- Stucco- thin, flaking off, uneven, cracked, large indentations (patio). Investigator’s Observation: Verified. It appears as though the brushing prior to paint to remove high tips was not done. It appears that the flaking is the high tips. The stucco thickness could not be determined but there were a few locations where the stucco met the drywall lid that had indentions where the caulking was thick. Compliance Findings: Corrected

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Compliance Item: 9- Kitchen hood/vent poorly installed Investigator’s Observation: Verified. Not flush. Compliance Findings: Corrected

Compliance Item: 10- Bathroom counters- scratched/gouges/swirl marks. Told by warranty rep Dawn that they would not be replaced since not visible from 3 feet away. Investigator’s Observation: Verified. There was a mark on the rim of the primary bathroom where there was a mark that could be seen. Also corners of the sink bowl that was not smooth. Bath 2 had one location that appeared to have a repair done that did not get sanded/buffed enough and build up still visable. Compliance Findings: Countertops were replaced. Bath 2 had a couple small gouges in sink and a few scratches on the left side of the top. These have been repaired. The master top has scratches in the left sink. Respondent to correct within appropriate means.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 a couple doors. Compliance Findings: Corrected

Note:

Patricia Schuette Patricia Schuette, Investigator 602 7716744 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

CC: Respondent Complainant

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Katie Hobbs, Governor Martín Quezada, Director

Complainant: Corrine Hajjar 1255 N. Arizona Ave #1030 Chandler, AZ 85225

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 C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

Respondent: DRH Phoenix East Construction Inc DBA: 2525 W Frye Rd, Ste 100 Chandler, AZ 85224

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 C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

November 14, 2023

License No. ROC 064532

Re:Complaint No. 2023-03485

WRITTEN DIRECTIVE FROM THE REGISTRAR-COMPLIANCE

Dear Respondent:

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

This means the license is suspended for lack of qualifying party, lack of bond, nonrenewal, Recovery Fund payout, or for any reason listed in A.R.S. § 32-1124(F).

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

Compliance Findings: Corrected. The tablet is still not communicating with door bell but it appears that this can be a defective tablet and not within ROC jurisdiction.

Compliance Item: 2- Flooring/tile- grout along edges/baseboards, poor workmanship, residual grout throughout, paint overspray on tile floor in bathroom. Investigator’s Observation: Verified. There were areas where paint was not cut into grout at base and locations where grout was up base trim. Also noted a few locations where there was grout or some kind of haze on floor tiles. Compliance Findings: Corrected. All visible areas have been corrected. Complainant has moved some furniture since and discovered new areas. Any new items do not fall within this 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 C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

fronts, end panel, and face frame. Compliance Findings: Corrected

Compliance Item: 9- Kitchen hood/vent poorly installed Investigator’s Observation: Verified. Not flush. Compliance Findings: Corrected

Compliance Item: 10- Bathroom counters- scratched/gouges/swirl marks. Told by warranty rep Dawn that they would not be replaced since not visible from 3 feet away. Investigator’s Observation: Verified. There was a mark on the rim of the primary bathroom where there was a mark that could be seen. Also corners of the sink bowl that was not smooth. Bath 2 had one location that appeared to have a repair done that did not get sanded/buffed enough and build up still visible. Compliance Findings: Countertops were replaced. Bath 2 had a couple small gouges in sink and a few scratches on the left side of the top. These have been repaired. The master top has scratches in the left sink. Respondent to correct within appropriate means.

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 C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

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

Sincerely,

Patricia Schuette Patricia Schuette, Investigator (602) 771-6744 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

CC: Respondent

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 C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

Complainant

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

DRH Phoenix East Construction Inc

2525 W Frye Rd, Ste 100 Chandler, AZ 85224

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 C009 04/21 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Corrine Hajjar Case No. 2023-03485 COMPLAINANT, v. DRH Phoenix East Construction Inc CITATION License No. ROC 064532,

RESPONDENT.

The Registrar issues this Citation to DRH Phoenix East Construction Inc (“Respondent”)

under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by January 19, 2024,

then under A.R.S. § 32-1155(C), Respondent’s failure to answer may be deemed an admission

of the act or acts charged in the underlying complaint, and the Registrar may then suspend or

revoke Respondent’s license(s).

THE WRITTEN COMPLAINT

On March 22, 2023, Corrine Hajjar (“Complainant”) filed a written complaint with the

Registrar. A copy of that Complaint is attached to this Citation.

A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT

The Registrar investigated this matter and finds cause to charge Respondent with

violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged

with violating:

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

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

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

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Charge 2: A.R.S. § 32-1154(A)(22) Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a reasonable period of time after receiving a written directive from the Registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held. If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F).

FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2023-03485. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted]

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it.

Deadline for Filing a Written Answer: Respondent must file a written answer with the

Registrar no later than January 19, 2024.

This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a

deadline ten days after service of the Citation. Service of the Citation and Complaint is

complete five days after the Registrar mails a copy of the Citation and Complaint to

Respondent’s latest address of record in the Registrar’s office.

Consequences for Failing to File a Written Answer: If Respondent fails to answer,

Respondent’s failure may be deemed an admission of the act or acts charged in the written

complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s

license(s).

THE ADMINISTRATIVE HEARING

If Respondent files a timely written answer contesting any charges in the Complaint,

then the Registrar will request the Office of Administrative Hearings set a date for an

administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S.

§ 41-1092.05(D).

INVESTIGATOR’S APPEARANCE AS A WITNESS

The Registrar’s assigned investigator will appear as a witness at the hearing. If either

party demands the attendance at the hearing of any other person, that party must obtain and

serve a subpoena in compliance with the rules and processes established by the Office of

Administrative Hearings.

RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after of 5

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar.

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Dated January 4, 2024. By: /s/ Madelyn Hayes Madelyn Hayes Legal Assistant II Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, January 4, 2024 to: Respondent Certified Mail No: [number redacted] DRH Phoenix East Construction Inc 2525 W Frye Road, Suite 100 Chandler, AZ 85224

Copy mailed by USPS First Class mail this same date to:

DRH Phoenix East Construction Inc 2525 W Frye Road, Suite 100 Chandler, AZ 85224 Complainant Corrine Hajjar 1255 N. Arizona Ave #1030 Chandler, AZ 85225 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. 2023-03485 / MTH

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

Person Filing Complaint Full Name (First Middle Last) Business Name (if a licensed contractor or supplier) ROC License Number(s) (if any)

Corrine Hajjar Mailing Address (Enter jobsite in Contract/Project section) City State Zip

1255 N. Arizona Ave #1030 Chandler Arizona 85225 Phone Number Email

[number redacted] [email redacted] I consent to receive communications electronically in connection with this case Name of Attorney (if any)

Street Address of Attorney City State Zip

Phone Number of Attorney Email of Attorney

Contractor Information Name (as shown on contract/invoice) ROC License Number(s)

DRH Phoenix East Construction Inc ROC 064532 Street Address City State Zip

2525 W Frye Rd, Ste 100 Chandler AZ 85224 Phone Number Email

[number redacted] [email redacted] Name of Person(s) Representing License

Yoana Garcia Chavez;Tim Sullivan;Vince Ramirez;Dawn McCumber;Krystal Hudson;Steve McIntyre;Chris Barr Contract/Project Information Contract Date Contract Amount Amount Paid

December 4, 2020 $347,550.00 $347,550.00 Date Work Started Date Work Stopped Date Work Was Completed

December 4, 2020 December 23, 2022 December 23, 2022 Close of Escrow (New Home) Move-In Date (New-Home)

September 14, 2022 September 16, 2022 Jobsite Street Address City State Zip

1255 N. Arizona Ave Chandler AZ 85225 Name of Construction Site Owner Construction Site Name (if applicable)

DR Horton Tre Vicino Phone Number of Construction Site Owner Email of Construction Site Owner

[email redacted] This complaint is for Poor Work I have contacted the contractor by Phone/Text;Email Have you filed a complaint in court? No

RCC099 12/05/18 Page 1 of 2 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

Has any work been corrected? Yes DR Horton The contract was Written All change orders were Written This project was Residential This project involved New Home

A building permit was obtained by Contractor Unknown Chandler/Maricopa List and briefly describe each complaint item (Please do not write "see attached" or use additional pages unless necessary to further describe issues or list more complaint items) (limited to 100 characters per line)

Electrical issues throughout - breakers tripping repeatedly, tablets overheating on walls, electrical panel mislabeled.; Flooring/tile - grout along edges/baseboards, poor workmanship, residual grout throughout, paint overspray on tile floor in bathroom.; Carpet - gaps between carpet and walls, areas with no padding.; Stucco - thin, flaking off, uneven, cracked, large indentations (patio).; Front door - Missing weather stripping.; Cabinets - Scratched, dented, mismatched cabinet doors, sticker indicating cabinets are defective. Failed to install dishwasher correctly after 12/2023 move-in, flooded under kitchen sink, cabinet now warped. Cabinet scratches colored in with a marker/sharpie.; Bathroom faucets - peeling/chipping; Kitchen hood/vent poorly installed.; Bathroom counters - scratched/gouges/swirl marks. Told by warranty rep, Dawn that they would not be replaced since not visible from 3 feet away.; Interior Paint - flaking off, uneven, discoloration bleeding through (kitchen/office/along stairs), overspray, visible paint drips, overspray throughout and on stair railing.; Doors/door frames/moulding - dented, scratched.; Garage - excessive cracks in concrete.; Stairs – Staples felt on steps. Have had 2 guests sustain lacerations on their feet.; Washing machine drain pan – Installed cracked drain pan (by Tim Sullivan and Vince Ramirez).

Signature I declare under penalty of perjury that the information and documents contained on this Complaint Form, included with this complaint, or hereafter submitted in support of this complaint are true and accurate to the best of my knowledge. I will assist in the investigation or in the prosecution of the contractor or other parties, and will, if necessary, attend hearings and testify to facts. Printed Name Signature Date

Corrine Hajjar \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 INSPECTION REPORT

Arizona Registration No. 22684-0 Cy Porter Arizona License No. 65173 https://www.cyfyhi.com 602.329.3145 [email redacted]

Corrine Hajjar 1255 N Arizona Ave #1030 Chandler, AZ 85225 September 6, 2022

This report is the exclusive property of CyFy Home Inspections LLC and the client whose name appears herewith and its use by any unauthorized persons is prohibited.

TABLE OF CONTENTS SUMMARY 3 GENERAL INFORMATION 14 HOME MAINTENANCE 15 INSPECTOR COMMENTS 17 FOUNDATION SYSTEM 18 EXTERIOR COMPONENTS 20 GROUNDS 26 ROOF SYSTEM 28 ATTIC SYSTEM 30 INSULATION SYSTEM 32 PARKING STRUCTURE 34 PLUMBING SYSTEM 35 ELECTRICAL SYSTEM 43 HVAC SYSTEM 47 INTERIOR COMPONENTS 49 WINDOW COMPONENTS 66 KITCHEN & LAUNDRY APPLIANCES 67 FIRE SAFETY 69 GENERAL REPORT LIMITATIONS 70

SUMMARY HAZARDS & DEFECTS INSPECTOR COMMENTS WOOD DESTROYING ORGANISMS 3.1 OBSERVED: Evidence of wood destroying organisms (WDO) noted. Large mud tube not at unit's AC unit and tubes noted around the building. Review treatment and remediation (removal of evidence) with Builder.

AZ ROC 3.2 INFORMATION: ARIZONA REGISTRAR OF CONTRACTORS WORKMANSHIP STANDARDS FOR LICENSED CONTRACTORS. https://roc.az.gov/sites/default/files/files/minimum_industry_standards.pdf

These standards cover performance of those construction items of major concern to the buyer for the first two years of ownership, unless otherwise specified. The contractor should stand behind the product. Contractor responsibility under these standards should not extend to items which have been subject to owner neglect, modification or abnormal use.

RULE 4-9-108 WORKMANSHIP STANDARDS A) A contractor shall perform all work in a professional and workmanlike manner. B) A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. C) All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards.

The ROC Compliance Department investigates alleged violations of licensed and unlicensed contracting laws. For new construction, complaints against licensed contractors must be filed within two years from the close of escrow or actual occupancy, whichever occurred first. https://roc.az.gov/file-complaint.

FOUNDATION SYSTEM FOUNDATION 4.2 CONDITION: In need of evaluation by Builder. See observation comments, pictures, and blue tape for examples. Recommend repair as required.

4.3 OBSERVED: A) Corners chipped or broken during construction. Chipped or broken corners in concrete may occur during construction. These chips and broken corners are unacceptable at move-in. Contractor should make necessary repairs.

B) Main entry column concrete was not square like the other units. Recommend repair. Improper, inadequate, unsightly finishing. Note: Lots of cracks also visible at garage creating an unsightly finish. Contractor should make necessary repairs.

EXTERIOR COMPONENTS © CyFy Home Inspections LLC Confidential - for client use only. Use by any unauthorized persons is prohibited. Page 4 Report: FW. 1255 N Arizona #1030. Corrine Hajjar

EXTERIOR 5.2 CONDITION: In need of evaluation by Builder. See all exterior comments, pictures, and blue tape for examples. Recommend repair as required.

EXTERIOR WALL, TRIM, FLASHING 5.3 OBSERVED: A) Not finished. Review with Builder.

B) Deterioration/peeling paint/finish noted. Paint or latex stain peels or deteriorates. Contractor should properly prepare and refinish affected areas, matching color as closely as possible. Where finish deterioration affects the majority of the wall or area, the whole area should be refinished. Deterioration of stains, varnish or lacquer finishes. The contractor should correct or repair deteriorating finish one time during the first year of occupancy.

C) Mismatch paint and overspray noted. Painting required as corollary repair because of other work does not match surrounding paint. Contractor should refinish to match surrounding areas as closely as possible.

D) Missing paint noted. Paint inadequately covers surface. Paint should be applied in an amount conforming to manufacturer's specifications of coverage and in sufficient quantity to visually cover all specified areas. The contractor should retouch all surfaces where inadequate paint has been applied to cover original surfaces.

E) Voids in stucco. Contractor should make necessary repairs.

F) Stucco falling or chipping. Contractor should determine cause and make necessary repairs.

G) Stucco too thin. Wire lath visible. Contractor should make necessary repairs.

H) Poor workmanship. All joints on molding, casing, etc., should fit and be securely attached, as well as properly filled and sanded. Contractor should make necessary repairs.

GROUNDS DRAINAGE 6.3 OBSERVED: Landscaping interferes with drainage. Landscaping should not interfere with established drainage. Low spots. Area should be fine graded and properly compacted. Settling of ground around foundations, filled areas and trenches. Excessively settled areas are unacceptable. Evaluation must be made on a case-by-case basis. The contractor should upon notification of this condition, fill and compact the affected area taking care to maintain the proper slope and drainage. Improper drainage of site. Grades should be established to insure proper drainage away from the structure. No standing water should remain in the yard more than 48 hours after a rain, unless requirements specify retention of storm water in yard.

The contractor should correct deviations from the established grades.

GATE 6.5 OBSERVED: Loose main entry gate. Recommend securing.

ROOF SYSTEM ROOF 7.2 CONDITION: In need of evaluation by Builder. See all roof comments and pictures for examples. Recommend repair as required.

ROOF COVERING 7.3 OBSERVED: A) Chipped, cracked and broken tiles. Chips larger than a quarter or excessive in number are unacceptable. Broken and cracked tiles are unacceptable. Roofing contractor should make necessary repairs.

B) Voids exposing the underlayment. Recommend repair.

ATTIC SYSTEM ATTIC 8.2 CONDITION: In need of evaluation by Builder. See observations, pictures, and blue tape for examples. Recommend further repair as required.

8.3 OBSERVED: A) TechShield radiant barrier was only partially installed. Parts of the attic missing TechShield sheathing were painted. ASTM Standards define that any radiant barrier must block 90% of heat energy. LP Corp says there are no aluminum paint products that meet ASTM standards, even if they say "radiant barrier" on the label. Recommend reviewing with the Builder and the TechShield manufacturer.

B) Hole in attic separation between units. Recommend repair.

C) Moisture stains noted in attic. Review with Builder.

INSULATION SYSTEM INSULATION 9.1 CONDITION: In need of evaluation by Builder. See observations, pictures, and blue tape for examples. Recommend repair as required.

9.2 OBSERVED: Multiple hot spots noted with thermal imaging at walls and ceilings indicated the insulation was missing or not uniform. Insulation not uniform. © CyFy Home Inspections LLC Confidential - for client use only. Use by any unauthorized persons is prohibited. Page 6 Report: FW. 1255 N Arizona #1030. Corrine Hajjar

Insulation should meet minimum specified R factor. Contractor should make necessary corrections to assure uniform thickness and specified R factor.

PARKING STRUCTURE GARAGE 10.2 CONDITION: In need of evaluation by Builder. See observations, pictures, and blue tape for examples. Recommend further repair as required.

GARAGE DOOR 10.3 OBSERVED: Photoelectric sensor should be no more than 6" off the floor. See DASMA or manufacture instruction and repair as required.

PLUMBING SYSTEM PLUMBING 11.3 CONDITION: In need of evaluation by Builder. See all plumbing comments for details. Recommend repair as required.

VENT, TRAP, DRAIN & WASTE LINES 11.13 PLUMBING SERVICE: Little to no drainage noted at upstairs hall bathroom tub. Sewer should have been scoped for issues before close. Recommend reviewing sewer scope history with Builder.

WATER HEATER 11.25 EXPANSION TANK: Bradford White says not to operate the water heater without controlling thermal expansion. No expansion tank installed. The Arizona Plumbing Code and water heater manufactures have required expansion bottles or other means to control the thermal expansion pressures on closed loop plumbing systems for many years. A "closed loop plumbing system" is a water system provided with a check valve, backflow preventer, or other normally closed device that prevents dissipation of building pressure back into the water main. When water is heated it can increase by about 2% volume causing pressure to build in the plumbing system. When a faucet is opened in the home, it causes a rapid drop in pressure and can result in deterioration of the plumbing system in the home, fixtures and the water heater. The pressure build up can also lead to the T&P valve on the water heater opening and releasing water unnecessarily. Expansion bottles are designed to absorb the excess pressure and relieve the build up of pressure in the plumbing system. Recommend evaluation and repair as required.

KITCHEN SINK 11.31 SINK/FAUCET: Kitchen sink faucet and drain not connected. Review with Builder.

LAUNDRY 11.32 PLUMBING: Laundry pan drain does not appeared to have been finished. Other units had the drain capped. Review with Builder and repair as required. © CyFy Home Inspections LLC Confidential - for client use only. Use by any unauthorized persons is prohibited. Page 7 Report: FW. 1255 N Arizona #1030. Corrine Hajjar

BATHROOM 1: MASTER 11.37 TUB/SHOWER SURFACE: Shower enclosure missing. Review with Builder. Recommend having shower surfaces cleaned and touched up after installation.

BATHROOM 2: HALL 11.44 TUB/SHOWER SURFACE: Damaged tub/shower surface (cracks, scratches, and dirty). Recommend repair.

ELECTRICAL SYSTEM ELECTRICAL SERVICE 12.2 CONDITION: In need of evaluation by Builder. See all electrical comments for details. Recommend repair as required. Note: The electrical contractor was shown and said he would fix the missing GFCI's at all bathrooms, all garage, all exterior, and 1 kitchen circuit, and inoperable 3 way switches.

SERVICE PANEL 12.11 OBSERVED: Label was written incorrectly. Review with Builder.

DISTRIBUTION PANEL(S) 12.14 OBSERVED: A) Missing/incorrect descriptive labels noted. Recommend repair for safety.

B) Openings noted at panel. Recommend installing covers for safety.

C) Missing screws.

D) See GFCI comments.

LIGHTS & SWITCHES 12.17 OBSERVED: A) Improper installation noted at 3-way switch at upstairs hall and stairs. Switches should work independently. Recommend repair.

B) Electrical equipment not level, plumb and true. Contractor should make necessary repairs.

RECEPTACLES 12.18 OBSERVED: Loose cover and missing screw at floor receptacle. Recommend repair.

GFCI 12.19 OBSERVED: A) Missing GFCI protection noted at exterior. © CyFy Home Inspections LLC Confidential - for client use only. Use by any unauthorized persons is prohibited. Page 8 Report: FW. 1255 N Arizona #1030. Corrine Hajjar

GFCI protection is required for all receptacles(125-250v) located outdoors of dwelling units, including receptacles under the eaves of roofs. Recommend installing for safety. Note: GFCI must be accessible.

B) Missing GFCI protection noted at bathroom(s). GFCI protection is required for all receptacles(125-250v) in bathrooms. Recommend installing for safety. Note: GFCI must be accessible.

C) Missing GFCI protection noted at garage. GFCI protection required at ALL receptacles(125-250v). Recommend installing for safety. Note: GFCI must be accessible.

D) Missing GFCI protection noted at kitchen counters. GFCI protection is required for all receptacles(125-250v) that serve kitchen countertop surfaces. Recommend installing for safety. Note: GFCI must be accessible.

INTERIOR COMPONENTS INTERIOR 14.2 CONDITION: In need of evaluation by Builder. See all interior comments for details. Recommend repair as required.

Contractors responsibility on all manufactured surfaces is valid only if the damaged surface is indicated to the contractor or contractors representative within 10 days after move-in.

Doors, windows, faucets and other plumbing fixtures, appliances, fixtures, painted surfaces, or floor coverings. When it is shown that any of the above items have been aggravated by the actions or inaction of the contractor, the contractor should assume responsibility for repair or replacement of these items.

DOORS 14.3 OBSERVED: A) Damage noted at interior doors and door framing. Review with Builder.

B) Missing door stop(s). Review with Builder.

C) See paint comments.

WALLS/CEILINGS 14.4 OBSERVED: A) Not finished.

D) Missing paint noted.

Paint inadequately covers surface. Paint should be applied in an amount conforming to manufacturer's specifications of coverage and in sufficient quantity to visually cover all specified areas. The contractor should retouch all surfaces where inadequate paint has been applied to cover original surfaces.

E) Visible conditions such as nail pops, cracks and seam lines. Contractor should repair nail pops, seam lines and other hairline cracks.

F) Readily visible flat areas in textured finish. Contractor should make necessary repairs.

G) Evidence of poor workmanship noted. All joints on molding, casing, etc., should fit and be securely attached, as well as properly filled and sanded. Contractor should make necessary repairs.

H) Exposed nails noted. Nails on trim should be installed properly. Contractor should make necessary repairs.

I) Evidence of walls not straight or not plumb. Walls should be straight within 1/4" and plumb within 1/4" measured from floor to ceiling at corners. Contractor should make necessary repairs.

J) Voids at switch and receptacle plates. Contractor should make necessary repairs.

K) Hammer marks/dings. Un-repaired hammer marks are unacceptable. Contractor should make necessary repairs

L) Missing medicine cabinets at bathrooms.

FLOORS 14.7 OBSERVED: A) Not finished.

B) Missing or irregular grout (grout cracking). Grout should be flush to the top edge of the adjacent tile. Contractor should make necessary repairs.

C) Uneven tile (lippage). Inherent characteristics of the tile dictate the method of installation. All unusual characteristics of the tile should be explained to the owner or the owners agent prior to installation. Lippage of tiles are to be no greater than 1/32" between individual tiles. Contractor should make necessary repairs.

D) Floors squeak or sub-floor appears loose. Floors and subfloors should not have excessive squeaks or be loose. Contractor should make necessary repairs.

E) Gaps at carpet/loose carpet. Carpets should be tightly stretched and securely attached to the tack strip at all perimeters.

G) Gaps and exposed nails noted at baseboards. Recommend repair.

H) Moisture stains noted at hall bathroom baseboard. Recommend repair.

I) Chipped/damaged floor tiles. Recommend replacing.

COUNTERS 14.9 CONDITION: Chips, cracking, and scratches noted at kitchen and bathroom counters. Review with Builder. Scratches or chips in counters. Scratches or chips should be reported to the contractor within 10 days after move-in. Contractor should repair or replace as necessary.

CABINETS 14.11 CONDITION: A) Damage noted at interior cabinets. Contractor's responsibility on all manufactured surfaces is valid if the damaged surface is within 10 days after move-in.

B) Evidence of poor workmanship noted. All joints on molding, casing, etc., should fit and be securely attached, as well as properly filled and sanded. Contractor should make necessary repairs.

C) Exposed nails noted. Nails on trim should be installed properly. Contractor should make necessary repairs.

D) Cabinet doors not at same height. Tops of cabinet doors must be in the same horizontal plane, within 1/8". Contractor should adjust doors to meet above standard once within first year.

E) Moisture stains noted at bottom of hall bath cabinet. Recommend repair.

WINDOW COMPONENTS WINDOWS 15.1 CONDITION: In need of evaluation by Builder. See observation comments for details. Recommend further repair as required.

15.2 OBSERVED: Damage screen and loose screen noted. Recommend repair. KITCHEN & LAUNDRY APPLIANCES GARBAGE DISPOSAL 16.2 OBSERVED: Not installed. DISHWASHER 16.8 OBSERVED: Recommend cleaning appliances to verify they are not damaged.

MAINTENANCE

INFORMATION GENERAL INFORMATION INSPECTOR 1.26 SOCIAL MEDIA: Facebook: https://www.facebook.com/cyfyhomeinspections TikTok: https://www.tiktok.com/@cyfyhomeinspections Instagram: https://www.instagram.com/cyfyhomeinspections YouTube: https://www.youtube.com/channel/UC6cgh3wDSFPAYETrpLzPSvQ

HOME MAINTENANCE GENERAL HOME MAINTENANCE 2.1 GUIDE: Phoenix Neighborhood Services Department: Health, Safety & Home Maintenance Guide. https://drive.google.com/file/d/1_f7tpmJZmSfwmfK3Yj102gcJoUhSPB9P/view?usp=sharing

WATER & LEAK MAINTENANCE 2.2 GUIDE: Arizona Municipal Water Users Association(AMWUA) Water & Leak Maintenance Guide. https://drive.google.com/file/d/1WldjfUVxCuDUGnGsg7Es98Mpu04szWZu/view?usp=sharing

INSPECTOR COMMENTS MISCELLANEOUS 3.3 OBSERVED: Review HOA responsibilities with Builder.

BUILDING CODES 3.4 OBSERVED: Building codes are governed at a local jurisdiction. These codes are not within the scope of this inspection. Some Arizona Standards and National Codes may be cited to help explain the situation.

FOUNDATION SYSTEM FOUNDATION 4.3 OBSERVED: C) Small cracks are acceptable. Cracks wider than 1/8" should be properly repaired with appropriate material. Cracks over 1/4" indicate the possibility of settlement, heaving or other failure. Contractor should properly fill cracks with appropriate materials over 1/8" but less than 1/4". If cracks are 1/4" or wider, contractor should determine the cause and make proper repairs. Repairs should be made near the end of first year to allow the building to stabilize. Cracking of garage slabs, carports, exterior slabs, patios, driveways and sidewalks. Cracks in excess of 3/32" width or 1/8" vertical displacement or compound cracks in excess of 1/16" in width are not acceptable. Cracks of 3/16" are acceptable for sidewalks. If cracks in excess of 3/32" width are present (3/16" for sidewalks), or compound cracking is in excess of 1/16" in width, or vertical displacement exceeds 1/8"; the affected areas are to be replaced. Cracks in control joints. Concrete should crack in control joints. Cracks exceeding 3/8" are excessive. Contractor should make necessary repairs.

4.4 TYPE: Concrete slab-on-grade(post tension). Post tension slab. Do not cut, core, or drill. Cracking in a post-tensioned slab is normal, and often post-tensioned slabs exhibit fewer cracks in number but, hairline cracks are not uncommon. The purpose of the steel cable is to improve the structural performance of the slab and foundation system, per the structural engineers design, often to improve performance on expansive or weaker soils. The post-tensioned slab and foundation system is designed to act as an integral unit, distributing its own weight and the loads it carries uniformly into the supporting soils.

GROUNDS YARD 6.1 CONDITION: Review Grounds/HOA responsibilities with Builder.

PLUMBING SYSTEM WATER HEATER 11.21 AGE: 2022, new. Average life for an electric water heater is about 7 years.

HVAC SYSTEM HEATING/AIR HANDLER 13.2 OBSERVED: 80+ degrees outside. Heat pump unit(s) not tested in heat mode to prevent damage.

COOLING 13.16 AGE: 2022, new. Industry average service life is 15-20 years.

DUCTWORK 13.21 MISCELLANEOUS: A) Evidence of Fresh Air Ventilation system installed. FAV components are not within the scope of this inspection. Review controls and operation with Builder.

B) Zone controller installed and not within the scope of this inspection. Review operation with Builder.

FIRE SAFETY FIRE SAFETY DEVICES 17.6 FIRE SPRINKLERS: Fire sprinkler system installed and not within the scope of this inspection.

GENERAL INFORMATION INSPECTION 1.1 FILE NAME: FW. 1255 N Arizona #1030. Corrine Hajjar. 1.2 LOCATION: 1255 N Arizona Ave #1030, Chandler, AZ 85225. 1.3 DATE: 09/06/2022. 1.4 TIME: Review at 4:00PM. 1.5 LISTED AGE: 2022, New Build. 1.6 LISTED SIZE: 2061 Sq. Ft. 1.7 STRUCTRE FACES: West. 1.8 CONSTRUCTION TYPE: Townhouse or Condominium. Verify with Builder. 1.9 STORIES: Three story structure. 1.10 WEATHER: Clear. 1.11 SOIL: Dry. 1.12 TEMPERATURE: 100°F+ outside. 1.13 PEOPLE PRESENT: Contractors. 1.14 UTILITIES STATUS: All utilities on. 1.15 OCCUPIED: No.

CLIENT 1.16 PREPARED FOR: Corrine Hajjar. 1.17 EMAIL: [email redacted].

PAYMENT 1.18 AGREEMENT: Sent inspection agreement to client via e-mail for review and signing. 1.19 TOTAL FEE: $445. 1.20 PAID BY: Need to collect payment.

BUYER'S AGENT 1.21 NAME: Tricia Gillam. 1.22 EMAIL: [email redacted].

INSPECTOR 1.23 NAME: Cy Porter. AZ License No. 65173. Phoenix Realtors Affiliate. 1.24 COMPANY: CyFy Home Inspections LLC. AZ Registration No. 22684-0. 1.25 WEBSITE: https://www.cyfyhi.com. 1.26 SOCIAL MEDIA: Facebook: https://www.facebook.com/cyfyhomeinspections TikTok: https://www.tiktok.com/@cyfyhomeinspections Instagram: https://www.instagram.com/cyfyhomeinspections YouTube: https://www.youtube.com/channel/UC6cgh3wDSFPAYETrpLzPSvQ

1.27 PHONE NUMBER: 602.329.3145. 1.28 EMAIL: [email redacted].

WATER & LEAK MAINTENANCE 2.2 GUIDE: Arizona Municipal Water Users Association(AMWUA) Water & Leak Maintenance Guide. https://drive.google.com/file/d/1WldjfUVxCuDUGnGsg7Es98Mpu04szWZu/view?usp=sharing

INSPECTOR COMMENTS WOOD DESTROYING ORGANISMS 3.1 OBSERVED: Evidence of wood destroying organisms (WDO) noted. Large mud tube not at unit's AC unit and tubes noted around the building. Review treatment and remediation (removal of evidence) with Builder.

AZ ROC 3.2 INFORMATION: ARIZONA REGISTRAR OF CONTRACTORS WORKMANSHIP STANDARDS FOR LICENSED CONTRACTORS. https://roc.az.gov/sites/default/files/files/minimum_industry_standards.pdf

MISCELLANEOUS 3.3 OBSERVED: Review HOA responsibilities with Builder.

FOUNDATION SYSTEM FOUNDATION 4.1 VIEWS:

4.2 CONDITION: In need of evaluation by Builder. See observation comments, pictures, and blue tape for examples. Recommend repair as required.

C) Small cracks are acceptable. Cracks wider than 1/8" should be properly repaired with appropriate material. Cracks over 1/4" indicate the possibility of settlement, heaving or other failure. Contractor should properly fill cracks with appropriate materials over 1/8" but less than 1/4". If cracks are 1/4" or wider, contractor should determine the cause and make proper repairs. Repairs should be made near the end of first year to allow the building to stabilize. Cracking of garage slabs, carports, exterior slabs, patios, driveways and sidewalks. Cracks in excess of 3/32" width or 1/8" vertical displacement or compound cracks in excess of 1/16" in width are not acceptable. Cracks of 3/16" are acceptable for sidewalks. If cracks in excess of 3/32" width are present (3/16" for sidewalks), or compound cracking is in excess of 1/16" in width, or vertical displacement exceeds 1/8"; the affected areas are to be replaced. Cracks in control joints. Concrete should crack in control joints. Cracks exceeding 3/8" are excessive. Contractor should make necessary repairs.

FLOOR STRUCTURE 4.5 OBSERVED: See foundation and interior floor comments. 4.6 TYPE: Main Floor: Concrete, Upper Floors: Framed.

EXTERIOR COMPONENTS EXTERIOR 5.1 VIEWS:

5.2 CONDITION: In need of evaluation by Builder. See all exterior comments, pictures, and blue tape for examples. Recommend repair as required.

EXTERIOR WALL, TRIM, FLASHING 5.3 OBSERVED: A) Not finished. Review with Builder.

E) Voids in stucco. Contractor should make necessary repairs.

F) Stucco falling or chipping. Contractor should determine cause and make necessary repairs.

G) Stucco too thin. Wire lath visible. Contractor should make necessary repairs.

H) Poor workmanship. All joints on molding, casing, etc., should fit and be securely attached, as well as properly filled © CyFy Home Inspections LLC Confidential - for client use only. Use by any unauthorized persons is prohibited. Page 21 Report: FW. 1255 N Arizona #1030. Corrine Hajjar

and sanded. Contractor should make necessary repairs.

5.4 TYPE: Appeared to be framed construction. 5.5 MATERIAL: Stucco.

COLUMNS 5.6 OBSERVED: See exterior wall comments. 5.7 TYPE: Stucco.

PATIO 5.8 OBSERVED: See exterior wall comments.

BALCONY 5.9 OBSERVED: See exterior wall comments.

GROUNDS YARD 6.1 CONDITION: Review Grounds/HOA responsibilities with Builder.

DRIVEWAY & WALKWAY 6.2 OBSERVED: Observed in satisfactory condition.

DRAINAGE 6.3 OBSERVED: Landscaping interferes with drainage. Landscaping should not interfere with established drainage. Low spots. Area should be fine graded and properly compacted. Settling of ground around foundations, filled areas and trenches. Excessively settled areas are unacceptable. Evaluation must be made on a case-by-case basis. The contractor should upon notification of this condition, fill and compact the affected area taking care to maintain the proper slope and drainage. Improper drainage of site. Grades should be established to insure proper drainage away from the structure. No standing water should remain in the yard more than 48 hours after a rain, unless requirements specify retention of storm water in yard. The contractor should correct deviations from the established grades.

VEGETATION 6.4 OBSERVED: Observed in satisfactory condition.

GATE 6.5 OBSERVED: Loose main entry gate. Recommend securing.

FENCE 6.6 OBSERVED: Observed in satisfactory condition.

ROOF SYSTEM ROOF 7.1 VIEWS:

7.2 CONDITION: In need of evaluation by Builder. See all roof comments and pictures for examples. Recommend repair as required.

B) Voids exposing the underlayment. Recommend repair.

7.4 TYPE: Gable. 7.5 MATERIAL: Concrete tile. Average life of 30 years with annual maintenance. 7.6 ACCESS: Viewed from ground and with ladder at edge. Did not walk on roof.

EAVES, SOFFITS, FASCIAS 7.7 OBSERVED: See exterior wall comments.

FLASHING 7.8 OBSERVED: See roof condition & observation comments.

PENETRATIONS 7.9 OBSERVED: See roof condition & observation comments.

DRAINAGE 7.10 GUTTERS/DOWNSPOUTS: No gutters were installed, typical for this area. Also see roof comments.

ATTIC SYSTEM ATTIC 8.1 VIEWS:

8.2 CONDITION: In need of evaluation by Builder. See observations, pictures, and blue tape for examples. Recommend further repair as required.

B) Hole in attic separation between units. Recommend repair.

C) Moisture stains noted in attic. Review with Builder.

8.4 FRAMING: Truss-framed. 8.5 ACCESSIBILITY: 1 attic access. Viewing was restricted by low headroom. Accessed from Laundry. 8.6 VENTILATION: Installed and observed in satisfactory condition.

INSULATION SYSTEM INSULATION 9.1 CONDITION: In need of evaluation by Builder. See observations, pictures, and blue tape for examples. Recommend repair as required.

9.2 OBSERVED: Multiple hot spots noted with thermal imaging at walls and ceilings indicated the insulation was missing or not uniform. Insulation not uniform. Insulation should meet minimum specified R factor. Contractor should make necessary corrections to assure uniform thickness and specified R factor.

9.3 TYPE: Loose: Blown-in cellulose. 9.4 AVERAGE DEPTH: Approximately 8-9 inches, equivalent to R-30. 9.5 VAPOR RETARDER: Concealed vapor retarder if present. Unable to view.

PARKING STRUCTURE GARAGE 10.1 VIEWS:

10.2 CONDITION: In need of evaluation by Builder. See observations, pictures, and blue tape for examples. Recommend further repair as required.

GARAGE DOOR 10.3 OBSERVED: Garage door and safety features tested operable. Photoelectric sensor should be no more than 6" off the floor. See DASMA or manufacture instruction and repair as required.

10.4 TYPE: Automatic operation.

PLUMBING SYSTEM PLUMBING 11.1 VIEWS:

11.2 METER VIEWS:

11.3 CONDITION: In need of evaluation by Builder. See all plumbing comments for details. Recommend repair as required.

MATERIAL 11.4 MATERIAL: Main water line material appeared to be Copper. Vent, drain & waste line material appeared to be ABS plastic.

FUEL SYSTEM 11.5 OBSERVED: No natural gas noted at the property.

MAIN WATER LINE 11.6 OBSERVED: Observed in satisfactory condition. 11.7 LOCATION: Water shut-off valve was located at south exterior of building.

WATER PRESSURE 11.8 OBSERVED: Appeared adequate. 11.9 PRESSURE REGULATOR: Installed at building, not tested. See water heater comment.

DISTRIBUTION LINES 11.10 OBSERVED: Not finished.

VENT, TRAP, DRAIN & WASTE LINES 11.11 OBSERVED: Not finished. 11.12 CLEAN-OUT LOCATION: North exterior. 11.13 PLUMBING SERVICE: Little to no drainage noted at upstairs hall bathroom tub. Sewer should have been scoped for issues before close. Recommend reviewing sewer scope history with Builder.

FUNCTIONAL FLOW 11.14 OBSERVED: Turned more than 2 interior spigots on at once. Functional flow observed satisfactory.

FUNCTIONAL DRAINAGE 11.15 OBSERVED: See scope comment.

CROSS CONNECTIONS 11.16 OBSERVED: Observed in satisfactory condition.

SUPPORTS 11.17 OBSERVED: Observed in satisfactory condition. Limited visibility.

WATER HEATER 11.18 VIEWS:

11.19 OBSERVED: Hot water measured at interior water faucets. 110°-120° recommended. 11.20 TYPE: Electric water heater with limited access and viewing. 11.21 AGE: 2022, new. Average life for an electric water heater is about 7 years.

11.22 SIZE: 50 Gallons. 11.23 LOCATION: Garage. 11.24 WATER SHUT-OFF: Water shut-off valve installed. Not tested. 11.25 EXPANSION TANK: Bradford White says not to operate the water heater without controlling thermal expansion. No expansion tank installed. The Arizona Plumbing Code and water heater manufactures have required expansion bottles or other means to control the thermal expansion pressures on closed loop plumbing systems for many years. A "closed loop plumbing system" is a water system provided with a check valve, backflow preventer, or other normally closed device that prevents dissipation of building pressure back into the water main. When water is heated it can increase by about 2% volume causing pressure to build in the plumbing system. When a faucet is opened in the home, it causes a rapid drop in pressure and can result in deterioration of the plumbing system in the home, fixtures and the water heater. The pressure build up can also lead to the T&P valve on the water heater opening and releasing water unnecessarily. Expansion bottles are designed to absorb the excess pressure and relieve the build up of pressure in the plumbing system. Recommend evaluation and repair as required.

11.26 TPR VALVE: Installed, not tested. 11.27 DISCHARGE PIPE: Installed, not tested. Note: Some jurisdictions may not accept flexible copper tubing. 11.28 DRAIN VALVE: Installed, not tested. 11.29 PAN: Installed, not tested.

WATER TREATMENT 11.30 TYPE: Soft water loop installed.

KITCHEN SINK 11.31 SINK/FAUCET: Kitchen sink faucet and drain not connected. Review with Builder.

LAUNDRY 11.32 PLUMBING: Laundry pan drain does not appeared to have been finished. Other units had the drain capped. Review with Builder and repair as required.

BATHROOM 1: MASTER 11.33 VIEWS:

11.34 SINK/FAUCET: Tested operable. Shut-off valves not tested. 11.35 SINK DRAIN: Observed in satisfactory condition. 11.36 TOILET: Tested operable. 11.37 TUB/SHOWER SURFACE: Shower enclosure missing. Review with Builder. Recommend having shower surfaces cleaned and touched up after installation.

11.38 TUB/SHOWER FIXTURES: Tested operable. 11.39 TUB/SHOWER DRAIN: Observed in satisfactory condition.

BATHROOM 2: HALL 11.40 VIEWS:

11.41 SINK/FAUCET: Tested operable. Shut-off valves not tested. 11.42 SINK DRAIN: Observed in satisfactory condition. 11.43 TOILET: Tested operable. 11.44 TUB/SHOWER SURFACE: Damaged tub/shower surface (cracks, scratches, and dirty). Recommend repair.

11.45 TUB/SHOWER FIXTURES: Tested operable. 11.46 TUB/SHOWER DRAIN: See sewer scope/slow drain comment.

BATHROOM 3: POWDER ROOM 11.47 VIEWS:

11.48 SINK/FAUCET: Tested operable. Shut-off valves not tested. 11.49 SINK DRAIN: Observed in satisfactory condition. 11.50 TOILET: Tested operable.

ELECTRICAL SYSTEM ELECTRICAL SERVICE 12.1 VIEWS:

12.2 CONDITION: In need of evaluation by Builder. See all electrical comments for details. Recommend repair as required. Note: The electrical contractor was shown and said he would fix the missing GFCI's at all bathrooms, all garage, all exterior, and 1 kitchen circuit, and inoperable 3 way switches.

12.3 TYPE: Service Lateral (underground) with grounding. Observed in satisfactory condition. 12.4 SERVICE CONDUCTORS: Unable to determine material type. Not visible/visibility restricted. 12.5 CONDUCTORS: Copper, Aluminum alloy (240v-OK) 12.6 AMPERAGE: Main disconnect labeled: 200 Amp. 12.7 VOLTAGE: 240/120-volt. 12.8 OVERCURRENT DEVICES: Circuit breakers installed, not tested. 12.9 COMPATIBILITY: Observed to be in satisfactory condition. Not tested. 12.10 GROUNDING: Installed, not tested. Observed in satisfactory condition. Limited visibility.

SERVICE PANEL 12.11 OBSERVED: Observed in satisfactory condition. Did not open. Label was written incorrectly. Review with Builder.

12.12 LOCATION: South exterior wall of building.

DISTRIBUTION PANEL(S) 12.13 VIEWS:

12.14 OBSERVED: A) Missing/incorrect descriptive labels noted. Recommend repair for safety.

B) Openings noted at panel. Recommend installing covers for safety.

C) Missing screws.

D) See GFCI comments.

12.15 LOCATION: Garage.

WIRING 12.16 OBSERVED: Observed in satisfactory condition.

LIGHTS & SWITCHES 12.17 OBSERVED: A) Improper installation noted at 3-way switch at upstairs hall and stairs. Switches should work independently. Recommend repair.

B) Electrical equipment not level, plumb and true. Contractor should make necessary repairs.

RECEPTACLES 12.18 OBSERVED: Loose cover and missing screw at floor receptacle. Recommend repair.

GFCI 12.19 OBSERVED: A) Missing GFCI protection noted at exterior. GFCI protection is required for all receptacles(125-250v) located outdoors of dwelling units, including receptacles under the eaves of roofs. Recommend installing for safety. Note: GFCI must be accessible.

B) Missing GFCI protection noted at bathroom(s). © CyFy Home Inspections LLC Confidential - for client use only. Use by any unauthorized persons is prohibited. Page 46 Report: FW. 1255 N Arizona #1030. Corrine Hajjar

GFCI protection is required for all receptacles(125-250v) in bathrooms. Recommend installing for safety. Note: GFCI must be accessible.

C) Missing GFCI protection noted at garage. GFCI protection required at ALL receptacles(125-250v). Recommend installing for safety. Note: GFCI must be accessible.

12.20 GFCI RESET: Electrical panel.

HVAC SYSTEM HEATING VENTING & AIR CONDITIONING 13.1 VIEWS:

HEATING/AIR HANDLER 13.2 OBSERVED: 80+ degrees outside. Heat pump unit(s) not tested in heat mode to prevent damage.

13.3 ENERGY SOURCE: Electric. Electrical disconnect installed, not tested. Disconnect observed in satisfactory condition. 13.4 QUANTITY: One unit. 13.5 LOCATION: Attic. 13.6 TYPE: Forced air heat pump/split system type. 13.7 AGE: 2021, 1 year. 13.8 CAPACITY: 5 tons.

COOLING 13.9 OBSERVED: Tested operable. 13.10 COOLING SOURCE: Cooling source installed at each room. 13.11 THERMOSTAT: Tested operable and observed in satisfactory condition. Located at halls. 13.12 DISCONNECT: 240-volt. Electrical disconnect installed, not tested. Observed in satisfactory condition. 13.13 QUANTITY: One unit. 13.14 LOCATION: Located at exterior.

13.15 TYPE: Heat Pump. 13.16 AGE: 2022, new. Industry average service life is 15-20 years.

13.17 CAPACITY: 5 tons. 13.18 REFRIGERANT: R410A. Preferred refrigerant. 13.19 SEER RATING: SEER (Seasonal Energy Efficiency Rating) unknown. Research model number for more information.

DUCTWORK 13.20 OBSERVED: Observed in satisfactory condition. 13.21 MISCELLANEOUS: A) Evidence of Fresh Air Ventilation system installed. FAV components are not within the scope of this inspection. Review controls and operation with Builder.

B) Zone controller installed and not within the scope of this inspection. Review operation with Builder.

13.22 AIR FILTERS: Observed in satisfactory condition. Installed. Check filters monthly and replace as needed.

INTERIOR COMPONENTS INTERIOR 14.1 VIEWS:

14.2 CONDITION: In need of evaluation by Builder. See all interior comments for details. Recommend repair as required.

Contractors responsibility on all manufactured surfaces is valid only if the damaged surface is indicated to the contractor or contractors representative within 10 days after move-in. © CyFy Home Inspections LLC Confidential - for client use only. Use by any unauthorized persons is prohibited. Page 51 Report: FW. 1255 N Arizona #1030. Corrine Hajjar

DOORS 14.3 OBSERVED: A) Damage noted at interior doors and door framing. Review with Builder.

B) Missing door stop(s). Review with Builder.

C) See paint comments.

WALLS/CEILINGS 14.4 OBSERVED: A) Not finished.

E) Visible conditions such as nail pops, cracks and seam lines. Contractor should repair nail pops, seam lines and other hairline cracks.

F) Readily visible flat areas in textured finish. Contractor should make necessary repairs.

G) Evidence of poor workmanship noted. All joints on molding, casing, etc., should fit and be securely attached, as well as properly filled and sanded. Contractor should make necessary repairs.

H) Exposed nails noted. Nails on trim should be installed properly. Contractor should make necessary repairs.

I) Evidence of walls not straight or not plumb. Walls should be straight within 1/4" and plumb within 1/4" measured from floor to ceiling at corners. Contractor should make necessary repairs.

J) Voids at switch and receptacle plates. Contractor should make necessary repairs.

K) Hammer marks/dings. Un-repaired hammer marks are unacceptable. Contractor should make necessary repairs

L) Missing medicine cabinets at bathrooms.

14.5 MATERIAL: Drywall.

VENTILATION 14.6 OBSERVED: Tested operable and observed in satisfactory condition.

FLOORS 14.7 OBSERVED: A) Not finished.

B) Missing or irregular grout (grout cracking). Grout should be flush to the top edge of the adjacent tile. Contractor should make necessary repairs.

D) Floors squeak or sub-floor appears loose. Floors and subfloors should not have excessive squeaks or be loose. Contractor should make necessary repairs.

E) Gaps at carpet/loose carpet. Carpets should be tightly stretched and securely attached to the tack strip at all perimeters.

G) Gaps and exposed nails noted at baseboards. Recommend repair.

H) Moisture stains noted at hall bathroom baseboard. Recommend repair.

I) Chipped/damaged floor tiles. Recommend replacing.

14.8 MATERIAL: Tile, Carpet.

14.10 TYPE: Granite or other natural stone (natural stone countertops need annual resealing). Cultured Marble (blending pulverized natural marble with plastic resins).

CABINETS 14.11 CONDITION: A) Damage noted at interior cabinets. Contractor's responsibility on all manufactured surfaces is valid if the damaged surface is within days after move-in.

B) Evidence of poor workmanship noted. All joints on molding, casing, etc., should fit and be securely attached, as well as properly filled and sanded.

Contractor should make necessary repairs.

C) Exposed nails noted. Nails on trim should be installed properly. Contractor should make necessary repairs.

D) Cabinet doors not at same height. Tops of cabinet doors must be in the same horizontal plane, within 1/8". Contractor should adjust doors to meet above standard once within first year.

E) Moisture stains noted at bottom of hall bath cabinet. Recommend repair.

STAIRS 14.12 OBSERVED: See interior wall/ceiling comments.

WINDOW COMPONENTS WINDOWS 15.1 CONDITION: In need of evaluation by Builder. See observation comments for details. Recommend further repair as required.

15.2 OBSERVED: Damage screen and loose screen noted. Recommend repair.

15.3 PANE: Double-pane. 15.4 MATERIAL: Aluminum frames.

KITCHEN & LAUNDRY APPLIANCES KITCHEN & LAUNDRY 16.1 VIEWS:

GARBAGE DISPOSAL 16.2 OBSERVED: Not installed.

OVEN/STOVE/RANGE 16.3 OBSERVED: Observed in satisfactory condition, not tested. 16.4 TYPE: Electric type range.

KITCHEN VENT 16.5 OBSERVED: Tested operable and observed in satisfactory condition. 16.6 TYPE: External.

REFRIGERATOR 16.7 OBSERVED: Not installed.

DISHWASHER 16.8 OBSERVED: Recommend cleaning appliances to verify they are not damaged.

MICROWAVE 16.9 OBSERVED: Observed in satisfactory condition, not tested.

WASHER 16.10 LOCATION: 3rd floor. 16.11 OBSERVED: Not installed.

DRYER 16.12 LOCATION: 3rd floor. 16.13 OBSERVED: Not tested. 16.14 DRYER VENT: Observed in satisfactory condition.

FIRE SAFETY EGRESS 17.1 OBSERVED: Observed in satisfactory condition.

FIRE SEPARATION 17.2 DOOR: Tested operable. 17.3 WALL/CEILING: See attic comments.

FIRE SAFETY DEVICES 17.4 SMOKE & FIRE: Smoke detector(s) installed. Recommend replacing every 10 years. 17.5 CARBON MONOXIDE: CO detector(s) installed. Recommend replacing every 10 years. 17.6 FIRE SPRINKLERS: Fire sprinkler system installed and not within the scope of this inspection.

GENERAL REPORT LIMITATIONS PURPOSE: The inspections is performed to the Standards of Professional Practice for Arizona Home Inspectors and InterNACHI Standards of Practice. The inspection shall provide the client with a better understanding of the property conditions, as observed at the time of the inspection. REPORT LIMITATIONS: The inspection and report are intended only as a general guide to help the client make their own evaluation of the overall condition of the home, and are not intended to reflect the value of the premises, nor make any representation as to the advisability of purchase. Unless otherwise indicated in writing, we will NOT test for: mold or for the presence of or for any potential dangers arising from the presence of asbestos, lead paint, soil contamination, or other environmental hazards or violations. The report expresses the personal opinions of the inspector, based on his visual impressions of the conditions that existed at the time of the inspection only. The inspection is done in accordance with the Standards (stated above) are visual, not technically exhaustive and will not identify concealed conditions or latent defects, or to imply that every component was inspected, or that every possible defect was discovered. An inspection is generally the opinion of the inspector in regards to the condition of the property and not a code inspection. It is not a warranty or guarantee of any kind. I certify that I have no interest, present or contemplated, in this property or its improvement and no involvement with trades people or benefits derived from any sales or improvements. To the best of my knowledge and belief, all statements and information in this report are true and correct. EXTERIOR: The Arizona Standards of Practice requires the inspector to observe and describe some (not all) of the exterior components. The inspection is visual, not technically exhaustive and will not identify concealed conditions or latent defects. Areas that are hidden from view or difficult to access cannot be evaluated and are not a part of this inspection. Floor coverings prevent recognition of cracks or settlement of the slab. Crawl spaces and attics are entered except when access is obstructed, when entry could damage the property, or when dangerous or adverse situations are suspected according to the inspector.

LANDSCAPE IRRIGATION: Landscape irrigation systems are not within the Arizona Standards of Practice. However, where possible the inspector may attempt to operate the landscape timer controls and the results documented. The components the inspector determines to be difficult to observe, underground, and covered by vegetation will not be evaluated. Determining which vegetation is or may be lacking water supply will not be the inspectors responsibility. The landscape irrigation system and vegetation should be reviewed with the Seller and the automatic system should be left on auto to verify it is in proper working order. POOL/SPA: Arizona Standards of Practice are intended to provide a better understanding of swimming pool & spa conditions as observed at the time of the inspection. The inspection is visual, not technically exhaustive and will not identify concealed conditions or latent defects. The inspection is to state any systems and components that were found to be in need of immediate repair and any recommendations to correct, monitor, or further evaluate by appropriate tradesmen. A licensed pool contractor who is experienced with leak detection should be hired to locate any hidden leaks. ROOF: The Arizona Standards of Practice requires the inspector to observe and describe some (not all) of the roofing components. The inspection is visual, not technically exhaustive and will not identify concealed conditions or latent defects. The inspector is NOT required to walk on the roof, remove tiles, or determine the age. However, unless the roof will be damaged, access is restricted, or the inspector feels unsafe, roofs may be evaluated by walking on the roof so that direct observations can be made. When unable to walk on the roof an evaluation will be performed at the roof edge via ladder or from the ground or from the interior of the home or from in the attic. PLUMBING: The Arizona Standards of Practice requires the inspector to observe and describe some (not all) of the components of the plumbing system. The inspection is visual, not technically exhaustive and will not identify concealed conditions or latent defects. The inspector is not required to determine whether water supply and waste disposal systems are public or private. © CyFy Home Inspections LLC Confidential - for client use only. Use by any unauthorized persons is prohibited. Page 71 Report: FW. 1255 N Arizona #1030. Corrine Hajjar

HVAC: The Arizona Standards of Practice requires the inspector to observe and describe some (not all) of the components of the Heating Venting and Air Conditioning System. The inspection is visual, not technically exhaustive and will not identify concealed conditions or latent defects. The inspector shall open readily openable access panels provided by the manufacturer or installer for routine homeowner maintenance. The inspector is NOT required to operate heating systems when weather conditions or other circumstances may cause equipment damage. Current operation does not guarantee future performance. HVAC auxiliary equipment is not within the scope of this inspection which includes but is not limited to fresh air systems, electric air filtration systems, and zone controllers. ELECTRICAL: The Arizona Standards of Practice requires the inspector to observe and describe some (not all) of the components of the Electrical System. The inspection is visual, not technically exhaustive and will not identify concealed conditions or latent defects. Low voltage wiring systems, such as telephone wires, TV cables, security sensors, intercoms, speakers, networks, or other ancillary wiring is not evaluated. Only a representative number of installed lighting fixtures, receptacles, and switches shall be tested and observed. Receptacles will not be tested for bootleg grounding. Anti-oxidant paste is not tested for compatibility. Breaker manufacturer type is not researched for compatibility with electrical panel. Identifying manufacturer recalls is not within the AZ SOP. INTERIOR: The Arizona Standards of Practice requires the inspector to test, observe and describe some (not all) of the interior components. The inspection is visual, not technically exhaustive and will not identify concealed conditions or latent defects. Areas that are hidden from view, blocked or difficult to access cannot be evaluated and are not a part of this inspection. Floor coverings prevent recognition of cracks or settlement of the slab. Only a representative number of cabinets, doors, and windows shall tested and observed. Determining the heat resistance rating of walls, ceilings, and doors is beyond the scope of this inspection. KITCHEN & LAUNDRY: Kitchen and Laundry appliances are not within the Arizona Standards of Practice. However, where possible the inspector may attempt to operate the previously stated appliances and the results documented. This does not forecast the life expectancy of any appliance components or systems. Water supply (shut-off) valves may be subject to leaking if turned and are not operated. Plumbing lines servicing appliances are not operated if appliances were not properly installed. The inspector can not always move the refrigerator to view the hidden conditions.

Rosary A. Hernandez (State Bar No. 020182) Katelyn E. Towe (State Bar No. 036214) BURCH & CRACCHIOLO, P.A. 1850 NORTH CENTRAL AVENUE, #1700 PHOENIX, ARIZONA 85004 TELEPHONE (602) 274-7611 [email redacted] [email redacted] Attorneys for Respondent BEFORE THE REGISTRAR OF CONTRACTORS IN AND FOR THE STATE OF ARIZONA Corrine Hajjar, Case No. 2023-03485 COMPLAINANT, RESPONDENT DRH PHOENIX EAST CONSTRUCTION INC.’S vs. ANSWER TO CITATION AND COMPLAINT DRH Phoenix East Construction, Inc. License No. ROC 064532, RESPONDENT. Respondent DRH Phoenix East Construction Inc. (“DRH”), through counsel, hereby responds to the Registrar of Contractor’s Citation and Complainant Corrine Hajjar’s Complaint as follows: Respondent DRH denies it violated any rule adopted by the Arizona Registrar of Contractors, including Rule R4-9-108, and that it failed in any material respect to comply with Arizona Revised Statutes Title 32, Chapter 10, including A.R.S. § 32-1154(A)(3) and A.R.S. § 32-1154(A)(22). As set forth herein, good cause exists why DRH’s license should not be suspended or revoked. 1. On or about December 4, 2020, the parties entered into a purchase agreement for the home located at 1255 North Arizona Avenue, #1030, Chandler, Arizona 85225 (the “Hajjar Home”). Hajjar Complaint 2. On or about March 22, 2023, DRH received a Complaint filed with the Arizona Registrar of Contractors (“AROC”) of alleged workmanship deficiencies

Received 1/18/2024 ROC Legal

(“Complaint”) with the Hajjar Home. 3. The Complaint alleged deficiencies in the following areas: (1) electrical; (2) flooring/tile and grout; (3) carpet; (4) stucco; (5) doors and trim; (6) cabinets; (7) plumbing; (8) mechanical systems; (9) countertops; (10) paint; (11) concrete; and (12) framing. 4. In April 2023, Patricia Schuette (“Schuette”), AROC inspector, conducted an inspection to investigate the specific issues raised in Hajjar’s Complaint. She walked the entire Hajjar Home, investigating and documenting each alleged deficiency contained in the Complaint. 5. Based on her inspection, on April 20, 2023, Schuette issued a written directive to DRH to correct certain deficiencies at the Hajjar Home. Repairs 6. DRH promptly implemented repairs identified in the written directive issued by Schuette. DRH performed and has completed numerous repairs. 7. Despite a good faith effort to address all concerns outlined in the AROC’s directive and to complete all repairs, a citation was issued on January 4, 2024 identifying specific repairs as inadequate or failing to meet requisite standards. As noted, DRH submits appropriate repairs have been implemented, or are in the process of being implemented, but DRH is prepared to further address these items to ensure appropriate standards are met. Conclusion DRH expressly denies it violated Rule 4-9-108, A.R.S. § 32-1154(A)(3) and (A)(22) because it promptly undertook prompt and appropriate repairs based on the AROC corrective orders. DRH’s repair work was proper and completed in accordance with AROC standards. The work was performed in a workmanlike fashion, in compliance with industry custom and practice, and in a good faith attempt to completely and fully comply with the AROC’s standards and directives. While DRH believes that it met all AROC standards, to the extent repairs are

Received 1/18/2024 ROC Legal

incomplete and/or not in compliance with AROC standards, DRH requests further clarification and/or direction by the AROC on any outstanding repair issues. DRH is prepared and willing to take additional corrective action for any outstanding repair issues. Any allegation of the Hajjar Complaint and the AROC’s Citation not specifically answered and responded to is specifically denied. As good cause exists, DRH should not have its license suspended, revoked, or otherwise sanctioned or disciplined. Additionally, pursuant to A.R.S. § 41-1092.06, DRH hereby requests that the AROC schedule a settlement conference between the parties within fifteen (15) days of receipt of this Answer. RESPECTFULLY SUBMITTED this 18th day of January, 2024. BURCH & CRACCHIOLO, P.A. By: /s/ Rosary A. Hernandez Rosary A. Hernandez Katelyn E. Towe 1850 North Central Avenue, #1700 Phoenix, Arizona 85004 Attorneys for Respondent Copy of the foregoing emailed the 18th day of January, 2024, to: Arizona Registrar of Contractors P.O. Box 18244 Phoenix, Arizona 85005 [email redacted] Corrine Hajjar 1255 North Arizona Avenue, #1030 Chandler, Arizona 85225 [email redacted] Complainant By: /s/ Melanie A. Wright

Received 1/19/24, 8:40 AM State of Arizona Mail - Corrine Hajjar v. DRH Phoenix East Construction, Inc. -- Case No. 2023-03485 1/18/2024 ROC Legal

Answers - AZROC <[email redacted]>

Corrine Hajjar v. DRH Phoenix East Construction, Inc. -- Case No. 2023-03485 message

Melanie Wright <[email redacted]> Thu, Jan 18, 2024 at 3:41 PM To: "[email redacted]" <[email redacted]>, "[email redacted]" <[email redacted]> Cc: Rosary Hernandez <[email redacted]>, Katelyn Towe <[email redacted]>, Jen Bollinger <[email redacted]>

Good afternoon,

Attached is Respondent DRH Phoenix East Construction, Inc.’s Answer to Citation and Complaint.

Sincerely,

Melanie Wright

Assistant to Ralph D. Harris, Rosary A. Hernandez, Katelyn Towe, and Jen Bollinger

Direct: 602.234.8742 Fax: 602.344.3742 E-mail: [email redacted]

2024-01-18 DRH Phoenix East Construction Inc.'s Answer to the Citation and Complaint (Case No. 2023- 03485).pdf 174K

https://mail.google.com/mail/b/AEoRXRT3N3Ki0vTHwb-qa1Q5fnbsxG4iEHaFGgYLpJUaKGjWRPm6/u/0/?ik=581c53cf5c&view=pt&search=all&permt… 1/1 Complaint #2023-03485 P 1 CJSI date 10/31/2023 at 10:00AM JSI PHOTOS Complaint #2023-03485 P 2 CJSI date 10/31/2023 at 10:00AM JSI PHOTOS Complaint #2023-03485 P 3 CJSI date 10/31/2023 at 10:00AM JSI PHOTOS Complaint #2023-03485 P 4 CJSI date 10/31/2023 at 10:00AM JSI PHOTOS Complaint #2023-03485 P 5 CJSI date 10/31/2023 at 10:00AM JSI PHOTOS Complaint #2023-03485 P 6 CJSI date 10/31/2023 at 10:00AM JSI PHOTOS Complaint #2023-03485 P 7 CJSI date 10/31/2023 at 10:00AM JSI PHOTOS Complaint #2023-03485 P 8 CJSI date 10/31/2023 at 10:00AM JSI PHOTOS Complaint #2023-03485 P 9 CJSI date 10/31/2023 at 10:00AM JSI PHOTOS Complaint #2023-03485 P 10 CJSI date 10/31/2023 at 10:00AM JSI PHOTOS Compliance #2023-03485 P 1 CJSI date 08/28/2023 at 11:15AM JSI PHOTOS Compliance #2023-03485 P 2 CJSI date 08/28/2023 at 11:15AM JSI PHOTOS Compliance #2023-03485 P 3 CJSI date 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date 04/13/2023 at 12:00PM JSI PHOTOS Complaint #2023-03485 P 53 JSI date 04/13/2023 at 12:00PM JSI PHOTOS

-+ Complaint #2023-03485 P 54 JSI date 04/13/2023 at 12:00PM JSI PHOTOS Complaint #2023-03485 P 55 JSI date 04/13/2023 at 12:00PM JSI PHOTOS Complaint #2023-03485 P 56 JSI date 04/13/2023 at 12:00PM JSI PHOTOS Complaint #2023-03485 P 57 JSI date 04/13/2023 at 12:00PM JSI PHOTOS Complaint #2023-03485 P 58 JSI date 04/13/2023 at 12:00PM JSI PHOTOS Mediation Notice

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

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

v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.

REQUEST

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

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

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

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

_____________________________________ _______________________ Respondent (or representative) Date

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

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

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

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

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

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

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

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

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

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

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

Exhibit Exhibit Name

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

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

Print Name Signature Date

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