2023A-04007-CHC-ROC Notice of Hearing and Packet MAILED
2023A-04007-CHC-ROC · Registrar of Contractors · 2023-08-15
REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Renee M Beaton , Case No. 2023-04007 COMPLAINANT, Docket No. 2023A-04007-CHC-ROC v. NOTICE OF HEARING ON Magnolia Home Builder PLLC CONTESTED CASE License No. ROC 322613,
RESPONDENT. This Notice of Hearing is issued under A.R.S. § 41-1092.05(D).
HEARING INFORMATION The hearing is set for:
September 26, 2023 1:00 PM Sondra Vanella 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 July 18, 2023.
SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED The complaint and citation allege that the Respondent committed the following act(s):
Charge: 1 A.R.S. § 32-1154(A)(3) - R4-9-108(a)
Charge: 2 A.R.S. § 32-1154(A)(22)
THE PARTIES TO THE ADMINISTRATIVE HEARING Because Respondent is a licensee and is charged with an act(s) or omission(s) that is cause for the suspension or revocation of a license, Respondent is a party to this case and will be a party to the hearing. Because Complainant alleged Respondent committed an act(s) or omission(s) that is cause for the suspension or revocation of a license, Complainant is a party to this case and will be a party to the hearing.
Respondent and Complainant, as the parties to the hearing, will present evidence and argument to the administrative law judge. The Registrar’s assigned investigator will appear as a witness at the hearing. RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney. A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented by an officer or employee if that person satisfies the conditions set forth in A.R.S. § 32- 1156(B). CHANGE OF ADDRESS Each party must inform the Registrar and the Office of Administrative Hearings of any change of address within five (5) days of the change. A.R.S. § 41-1092.04. HEARING PROCEDURES AND RULES The administrative hearing will be conducted in accordance with A.R.S. §§ 41-1092 to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and processes governing the administrative hearing. Copies of the statutes, rules, and articles regarding the administrative hearing process can be found at https://www.azoah.com/.
REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE
The Registrar’s investigators, employees, and attorneys will appear at the hearing via
video conference or telephone unless requested by a party to appear in-person. Requests for
the Registrar’s investigators, employees, or attorneys to appear in-person must be filed with
the Registrar and the Office of Administrative Hearings no later than seven (7) calendar days
prior to the hearing date.
HEARING PACKET In the interests of administrative efficiency, the Registrar compiles and discloses
certain documents to the parties and the Office of Administrative Hearings. These documents are attached to this Notice of Hearing as the “Hearing Packet.” If any party wishes to submit
additional evidence, they must do so during the hearing after completing a disclosure statement. See “Disclosure Statement” section below.
SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS
The parties to the hearing must be prepared to present evidence in support of their
case. If a party wants to obtain testimony from a witness or documents not in the party’s
possession, the party must prepare and file a written subpoena for the Administrative Law
Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a
subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com.
The party seeking a subpoena must serve notice on all the parties to the hearing, and on the
Registrar. A.R.S. § 41-1092.04.
DISCLOSURE STATEMENT At least seven calendar days before the hearing, each party must prepare and serve a
disclosure statement on all other parties, and file it with the Office of Administrative Hearings.
A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the
party will use at the hearing. A party’s failure to timely disclose any witness or exhibit,
without good cause, may result in the administrative law judge excluding those witnesses or
exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is
available on the Registrar’s website at https://roc.az.gov/content/prehearing-disclosure-
statement.
CHANGING THE HEARING DATE The date of the hearing may only be advanced or delayed on the agreement of the parties or on a showing of good cause. A.R.S. § 41-1092.05(C). The date of the hearing may be changed by filing a written agreement of the parties to change the date of the hearing. The written agreement must be filed with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmitted to the Registrar and all other parties. The
assigned Administrative Law Judge may be found on the Office of Administrative Hearings’ web portal at www.azoah.com If a party would like to move the date of the hearing without agreement of all parties, the party must file a written motion with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmit a copy to the Registrar and all other parties. The motion must state in detail good cause for why the date of the hearing should be advanced or delayed, and the position of all other parties regarding the advancement or delay. A party may also file a motion asserting a right to an expedited hearing upon a showing of extraordinary circumstances or the possibility of irreparable harm. A.R.S. § 41-1092.05(E).
RESOLUTION SHORT OF ADJUDICATION
In any case which is resolved or settled by the parties, or which is withdrawn by the
Complainant without objection from Respondent after the Notice of Hearing is issued, the
parties must notify the Office of Administrative Hearings of the resolution or settlement. Any
such cases will be listed on the Registrar’s website and its records under the category: “Closed
Complaints – Resolved/Settled/Withdrawn.”
Dated August 15, 2023.
By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail August 15, 2023 to: Respondent(s) Magnolia Home Builder PLLC 13794 W Waddell Rd Ste 203 190 Surprise, AZ 85379 Complainant(s) Renee M Beaton 17417 W Peoria Ave Waddell, AZ 85355
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. 2023-04007 /
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: Renee M Beaton 17417 W Peoria Ave Waddell, AZ 85355
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: Magnolia Home Builder PLLC DBA: 13794 W Waddell Rd Ste 203 190 Surprise, AZ 85379
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
April 11, 2023
Jobsite Inspection Notice Re: Complaint Number 2023-04007
Dear Complainant and Respondent:
A formal complaint has been filed with the Arizona Registrar of Contractors.
A jobsite inspection is scheduled for May 1, 2023 at 9:30 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.
COMPLAINANT: 1. Under A.R.S. § 32-1155(D)(1), the Respondent must be allowed, upon request, the opportunity to inspect the 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, James Carter James Carter, Investigator (602) 771-6770 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007
CC: Respondent Complainant Choose an item. Choose an item.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C008 05/21 Katie Hobbs, Governor Martín Quezada, Director
A Guide to Jobsite Inspections
Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license alleging poor workmanship, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.
Jobsite Inspection Rights and Responsibilities Access to inspect: The property owner has complete control over who they allow on the property. However, if the Registrar’s investigator or the contractor cannot inspect the work, the Registrar will not move forward with a citation.
Cooperation: Arizona law enables injured parties to seek relief for damages through several paths. When dealing with a licensed contractor, the Registrar of Contractors’ administrative complaint process may serve as one of those possible paths. However, in order to use that path, the Registrar relies on the cooperation of all parties to a complaint.
Minimum workmanship: The Registrar investigates workmanship complaints for compliance with minimum workmanship and professional industry standards. The Registrar does not issue citations for work that meets these standards.
Scope: The scope of the Jobsite Inspection is limited to items listed in the complaint filed with the Registrar’s office. It is the complainant’s responsibility to point out the complaint item(s) and the Investigators role to review the item(s). If the complainant identifies additional workmanship items not listed in the original complaint, they must file an addendum to the complaint. The Registrar’s Investigator may identify additional administrative violations by the contractor (e.g. work performed out of scope of the license and failure to provide a contract that meets requirements set by Arizona law) at the time of the inspection.
The Role of the Investigator At the Jobsite Inspection, the Registrar’s investigator will: ● Only investigate the items listed on the complaint form filed with the Registrar. ● Will gather evidence to make an informed decision about the complaint items.
What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will leave the jobsite and review the evidence provided during the inspection. Generally, the investigator does not make any determination at the time of the jobsite inspection regarding whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.
Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C008 05/21 Katie Hobbs, Governor Martín Quezada, Director
A Guide to Written Directives Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.
What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will determine whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.
Written Directives Access: In order to use the administrative process offered by the Registrar, a property owner must provide reasonable access to allow the contractor to fix their work as directed by the Registrar in a Written Directive. Complainants may not put any additional, unnecessary restrictions on the Respondent above and beyond the initial contract requirements agreed upon at the beginning of the project. Respondents are required to make repairs on items identified on any Written Directive, not otherwise restricted by local code or HOA limitations. Complainants must make access available to the Respondent to make the required repairs and failure to provide reasonable access may result in the Registrar dismissing the complaint.
Contractor obligations: The Written Directive will set a deadline for compliance. This is the period of time determined by the Investigator as necessary to complete the items listed in the Directive. ● The deadline for compliance assumes the contractor will promptly begin working on the items listed in the Directive. ● Do not wait. Both parties should communicate quickly to schedule the work.
Extensions: If good cause exists to extend this deadline, either party may submit a written request to the Investigator. The Registrar will review requests for extension and determine if the Directive should be extended.
Manner and method of performance: The Registrar does not provide specific instructions for how to correct poor work. A licensed contractor is expected to have the skill and professionalism to complete the work. Moreover, the complainant may not dictate the manner of repair. If the contractor fails to appropriately correct the work according to the contract, the Registrar will issue a citation.
Compliance Inspection: After the Written Directive expires, the Registrar’s Investigator will contact the complainant to determine if the contractor performed any corrective work. ● If the contractor did corrective work, the Investigator may schedule a Compliance Inspection to determine if the poor work is corrected. ● If the contractor did not perform any corrective work, the Registrar’s Investigator will not do a Compliance Inspection and will determine whether to issue a citation based on the administrative record.
Work performed after the directive ends: After the Directive period ends, a property owner may choose to allow the contractor to continue its work. The Registrar encourages parties to work cooperatively, but cannot 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C008 05/21 Katie Hobbs, Governor Martín Quezada, Director
require a homeowner to continue to allow a contractor access to the property after the Directive period ends in order for the administrative process to continue. Denying access after the Directive ends is not grounds to close or dismiss a complaint.
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
Jobsite Inspection Notes
Case No.: 2023-04007 Investigator: James Carter Inspection Date: May 1, 2023 Inspection Time: 9:30 AM
Complainant: Renee M Beaton Respondent: Magnolia Home Not Present: Builder PLLC Not Present:
Jobsite General Notes: JSI photos and audio taken with my agency issued Google Pixel Phone camera. JSI photos and audio have been placed into the ROC complaint file. Present at the inspection was Complaint and representing the Respondent was Christine Miller.
Complaint Item: 1 - chips and scratches on quartz in kitchen Investigator’s Observation: Verified. Inspector observed a number of chips in the counter as well as scratches. While the Registrar standard is to report surface damages within 10 days Respondent advised they had previously worked on the scratches which were still visible. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 2 - Touch up exterior paint does not match Investigator’s Observation: Verified. Inspector observed a number of areas were the paint appears to be flashing. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 3 - farm sink in laundry room leaks in cabinet Investigator’s Observation: During inspection, the complaint item was completed/corrected. Governing Rule:
Complaint Item: 4 - not hot water in kitchen sink or dishwasher Investigator’s Observation: Home is equipped with a recirculating pump. Respondent should determine cause on correct by appropriate means Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 5 - heater tag by southwest gas fire hazard Investigator’s Observation: Unable to determine reason for original tag. Confirmed with SWG and correspondence from SWG after tag was applied that all service were functioning. The Respondent is not responsible for this issue. Governing Rule:
Complaint Item: 6 - Kitchen refrigerator has to be pulled put to open door Investigator’s Observation: Item was completed as per original contract and meets minimum workmanship standards. Governing Rule:
Complaint Item: 7 - our plans were to include 2 air conditioner's we only have 1 Investigator’s Observation: The allegation does not constitute poor workmanship. Governing Rule:
Complaint Item: 8 - Trusses cracked Investigator’s Observation: Verified. Inspector observed a cracked truss in
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
the attic. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 9 - mechanical paint on sliders /windows Investigator’s Observation: Verified. Inspector observed a number of window frames with scratches on/or some sort of substance on the window frames. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 10 - cracked ceiling on patio Investigator’s Observation: No evidence to prove or disprove complaint item constitutes poor work. Normal conditions such as hairline cracks where drywall meets a dissimilar material should be considered acceptable and can be readily corrected by homeowner. Contractor should repair nail pops, seam lines and other hairline cracks one time within first year of occupancy. Governing Rule:
Complaint Item: 11 - doors knobs latch cracked on several interior doors Investigator’s Observation: Verified. Inspector observed a number of doors that had cracks or splitting at the door latches. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 12 - doors/ trims/ deadbolts Investigator’s Observation: Verified. Several doors in the home as well as the service door on the detached garage, the deadbolts do not line up and close. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
Dirt and dust are also coming in at the bottoms of the doors The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 13 - texture and trim Investigator’s Observation: Verified. Inspector observed poor texture in the master bathroom nook area. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 14 - nails and trim Investigator’s Observation: Verified. Inspector observed several nail pops in the door casing and trim through out the home. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 15 - gap in cabinets /3soft close doors and cracked corners Investigator’s Observation: Verified. Inspector observed a number of cabinets and drawers in the kitchen and laundry room that need to be adjusted. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 16 - grout/tile or missing in front of dishwasher and master shower and JJ bath tub Investigator’s Observation: Complaint item meets minimum industry 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
standards. No correction is required. Governing Rule:
Complaint Item: 17 - Windows , seals don’t close properly Investigator’s Observation: Verified. Window in master bedroom extremally difficult to open. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 18 - recirculation pump missing back flow valve Investigator’s Observation: Complaint item meets minimum industry standards and was passed by County Code Inspection. No correction is required. Governing Rule:
Complaint Item: 19 - bathroom sink drains Investigator’s Observation: Complaint item does not constitute poor workmanship, and meets minimum workmanship standards. Governing Rule:
Complaint Item: 20 - draining and grading /garage floods Investigator’s Observation: Unable to verify, no evidence to prove or disprove complaint item constitutes poor work. Governing Rule:
Complaint Item: 22 - wire above cabinet Investigator’s Observation: Verified. There is no cover over the J-Box. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
Complaint Item: 23 - cracked and chips all over new patio concrete Investigator’s Observation: Verified. Inspector observed a number of areas that were pitted and or bad finishes on the rear patio. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 24 - Driveway compaction Investigator’s Observation: The Complainant provided no evidence to support this allegation. No correction is required by the Respondent. Governing Rule:
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
Complaint #2023-04007 Inspection Date 05/01/2023 9:30 AM - Photo Page 1 Complaint #2023-04007 Inspection Date 05/01/2023 9:30 AM - Photo Page 2 Complaint #2023-04007 Inspection Date 05/01/2023 9:30 AM - Photo Page 3 Complaint #2023-04007 Inspection Date 05/01/2023 9:30 AM - Photo Page 4 Complaint #2023-04007 Inspection Date 05/01/2023 9:30 AM - Photo Page 5 Complaint #2023-04007 Inspection Date 05/01/2023 9:30 AM - Photo Page 6 Complaint #2023-04007 Inspection Date 05/01/2023 9:30 AM - Photo Page 7 Complaint #2023-04007 Inspection Date 05/01/2023 9:30 AM - Photo Page 8 Complaint #2023-04007 Inspection Date 05/01/2023 9:30 AM - Photo Page 9 Complaint #2023-04007 Inspection Date 05/01/2023 9:30 AM - Photo Page 10 Complaint #2023-04007 Inspection Date 05/01/2023 9:30 AM - Photo Page 11 Complaint #2023-04007 Inspection Date 05/01/2023 9:30 AM - Photo Page 12 Complaint #2023-04007 Inspection Date 05/01/2023 9:30 AM - Photo Page 13 Complaint #2023-04007 Inspection Date 05/01/2023 9:30 AM - Photo Page 14 Complaint #2023-04007 Inspection Date 05/01/2023 9:30 AM - Photo Page 15 Complaint #2023-04007 Inspection Date 05/01/2023 9:30 AM - Photo Page 16 Complaint #2023-04007 Inspection Date 05/01/2023 9:30 AM - Photo Page 17 Complaint #2023-04007 Inspection Date 05/01/2023 9:30 AM - Photo Page 18 Complaint #2023-04007 Inspection Date 05/01/2023 9:30 AM - Photo Page 19 Complaint #2023-04007 Inspection Date 05/01/2023 9:30 AM - Photo Page 20 Complaint #2023-04007 Inspection Date 05/01/2023 9:30 AM - Photo Page 21 Complaint #2023-04007 Inspection Date 05/01/2023 9:30 AM - Photo Page 22 Complaint #2023-04007 Inspection Date 05/01/2023 9:30 AM - Photo Page 23 Complaint #2023-04007 Inspection Date 05/01/2023 9:30 AM - Photo Page 24 Complaint #2023-04007 Inspection Date 05/01/2023 9:30 AM - Photo Page 25 Complaint #2023-04007 Inspection Date 05/01/2023 9:30 AM - Photo Page 26 Complaint #2023-04007 Inspection Date 05/01/2023 9:30 AM - Photo Page 27 Complaint #2023-04007 Inspection Date 05/01/2023 9:30 AM - Photo Page 28 Complaint #2023-04007 Inspection Date 05/01/2023 9:30 AM - Photo Page 29 Complaint #2023-04007 Inspection Date 05/01/2023 9:30 AM - Photo Page 30 Complaint #2023-04007 Inspection Date 05/01/2023 9:30 AM - Photo Page 31 Katie Hobbs, Governor Martín Quezada, Director
Complainant: Renee M Beaton 17417 W Peoria Ave Waddell, AZ 85355
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director
Respondent: Magnolia Home Builder PLLC DBA: 13794 W Waddell Rd Ste 203 190 Surprise, AZ 85379
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director
May 5, 2023
License No. ROC 322613
Re:Complaint No. 2023-04007
WRITTEN DIRECTIVE FROM THE REGISTRAR
Dear Respondent:
After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on June 2, 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 reasons 1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.
DIRECTIVE REQUIREMENTS You are directed to remedy the following violations by the appropriate means:
Compliance Item: 1 - chips and scratches on quartz in kitchen Investigator’s Observation: Verified. Inspector observed a number of chips in the counter as well as scratches. While the Registrar standard is to report surface damages within 10 days Respondent advised they had previously worked on the scratches which were still visible. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar;
This means the license is suspended for lack of qualifying party, lack of bond, nonrenewal, Recovery Fund payout, or for any reason listed in A.R.S. § 32-1124(F).
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director
Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 2 - Touch up exterior paint does not match Investigator’s Observation: Verified. Inspector observed a number of areas were the paint appears to be flashing. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 4 - not hot water in kitchen sink or dishwasher Investigator’s Observation: Home is equipped with a recirculating pump. Respondent should determine cause on correct by appropriate means Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 8 - Trusses cracked Investigator’s Observation: Verified. Inspector observed a cracked truss in the attic. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 9 - mechanical paint on sliders /windows Investigator’s Observation: Verified. Inspector observed a number of window frames with scratches on/or some sort of substance on the window frames. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar;
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director
Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 11 - doors knobs latch cracked on several interior doors Investigator’s Observation: Verified. Inspector observed a number of doors that had cracks or splitting at the door latches. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 12 - doors/ trims/ deadbolts Investigator’s Observation: Verified. Several doors in the home as well as the service door on the detached garage, the deadbolts do not line up and close. Dirt and dust are also coming in at the bottoms of the doors The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 13 - texture and trim Investigator’s Observation: Verified. Inspector observed poor texture in the master bathroom nook area. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 14 - nails and trim Investigator’s Observation: Verified. Inspector observed several nail
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director
pops in the door casing and trim through out the home. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 15 - gap in cabinets /3soft close doors and cracked corners Investigator’s Observation: Verified. Inspector observed a number of cabinets and drawers in the kitchen and laundry room that need to be adjusted. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 17 - Windows , seals don’t close properly Investigator’s Observation: Verified. Window in master bedroom extremely difficult to open. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 22 - wire above cabinet Investigator’s Observation: Verified. There is no cover over the J-Box. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director
Compliance Item: 23 - cracked and chips all over new patio concrete Investigator’s Observation: Verified. Inspector observed a number of areas that were pitted and or bad finishes on the rear patio. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:
Compliance Item: 3 - farm sink in laundry room leaks in cabinet Investigator’s Observation: During inspection, the complaint item was completed/corrected. Governing Rule:
Compliance Item: 5 - heater tag by southwest gas fire hazard Investigator’s Observation: Unable to determine reason for original tag. Confirmed with SWG and correspondence from SWG after tag was applied that all service were functioning. The Respondent is not responsible for this issue. Governing Rule:
Compliance Item: 6 - Kitchen refrigerator has to be pulled put to open door Investigator’s Observation: Item was completed as per original contract and meets minimum workmanship standards. Governing Rule:
Compliance Item: 7 - our plans were to include 2 air conditioner's we only have 1 Investigator’s Observation: The allegation does not constitute poor
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director
workmanship. Governing Rule:
Compliance Item: 10 - cracked ceiling on patio Investigator’s Observation: No evidence to prove or disprove complaint item constitutes poor work. Normal conditions such as hairline cracks where drywall meets a dissimilar material should be considered acceptable and can be readily corrected by homeowner. Contractor should repair nail pops, seam lines and other hairline cracks one time within first year of occupancy. Governing Rule:
Compliance Item: 16 - grout/tile or missing in front of dishwasher and master shower and JJ bath tub Investigator’s Observation: Complaint item meets minimum industry standards. No correction is required. Governing Rule:
Compliance Item: 18 - recirculation pump missing back flow valve Investigator’s Observation: Complaint item meets minimum industry standards and was passed by County Code Inspection. No correction is required. Governing Rule:
Compliance Item: 19 - bathroom sink drains Investigator’s Observation: Complaint item does not constitute poor workmanship, and meets minimum workmanship standards. Governing Rule:
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director
Compliance Item: 20 - draining and grading /garage floods Investigator’s Observation: Unable to verify, no evidence to prove or disprove complaint item constitutes poor work. Governing Rule:
Compliance Item: 24 - Driveway compaction Investigator’s Observation: The Complainant provided no evidence to support this allegation. No correction is required by the Respondent. Governing Rule:
Please direct all questions regarding this Directive to the undersigned Investigator.
Sincerely,
James Carter James Carter, Investigator 602 7716770 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007
CC: Respondent Complainant Choose an item. Choose an item.
License mailing address (if different from account/company address of record):
Magnolia Home Builder PLLC
13794 W Waddell Rd, #Ste 203-190 Surprise, AZ 85379
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 5/24/23, 12:26 PM State of Arizona Mail - RE: James Carter has shared a file with you
James Carter <[email redacted]>
RE: James Carter has shared a file with you message
Dave Fix <[email redacted]> Mon, May 15, 2023 at 12:18 PM To: James Carter <[email redacted]>
James,
To re-iterate our position, we believe that the items included in the corrective work order are part of the ongoing litigation we have with the LQ Maricopa owner. In addition, some of these items were likely not even within Adanac’ s scope of work for this project. Also, Adanac did not have a representative at the site visit (for the reasons we’ve discussed) and so we cannot agree or verify if all of the cited items require the work listed.
Further, due to material availability, there is no way possible to make corrections by the stated deadline.
Finally, the roof and drywall repairs would need to be completed by the subs who performed the work. Due to the non- payment issue that is now being litigated, these subs refuse to return to the project to make the repairs.
Subsequently, I would need to file complaints against them with the ROC in an attempt to force them back to the project to make the corrections outlined. This of course would not be initiated and acted upon in time to meet the corrective deadline.
Thank You,
David Fix
17505 N. 79th Avenue
Suites 209/210
Glendale, AZ 85308
Office: 623.266.2761
https://mail.google.com/mail/u/0/?ik=8b703c773b&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 1/11 5/24/23, 12:26 PM State of Arizona Mail - RE: James Carter has shared a file with you
Fax: 623.328.5186
AZ ROC# 189034 KB-01/# 328481 C-37
CA ROC# 1046543
From: Dave Fix Sent: Thursday, May 11, 2023 12:58 PM To: James Carter <[email redacted]> Subject: RE: James Carter has shared a file with you
James,
I think we are on the same page. The repairs they are requesting be made are part of the legal action we initiated, their response to our filing included the repairs verbatim and hence made them part of the legal process.
I appreciate your help and patience getting us to this point.
Thank You,
David Fix
17505 N. 79th Avenue
Suites 209/210
Glendale, AZ 85308
Office: 623.266.2761
Fax: 623.328.5186
AZ ROC# 189034 KB-01/# 328481 C-37
https://mail.google.com/mail/u/0/?ik=8b703c773b&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 2/11 5/24/23, 12:26 PM State of Arizona Mail - RE: James Carter has shared a file with you
CA ROC# 1046543
From: James Carter <[email redacted]> Sent: Wednesday, May 10, 2023 12:01 PM To: Dave Fix <[email redacted]> Subject: Re: James Carter has shared a file with you
The ROC does not get involved with any legal actions between parties. If one or both parties choose to not comply with the directive then we can move forward with sending this to our legal department and then they can decide to wait for the outcome of a legal dispute between parties. As the respondent you are not required to be present at an inspection and we can move forward with the inspection. As discussed during our conversation when you requested the the reschedule so you could be there. We have no control over who shows up for the inspection
James Carter Investigator #229 Arizona Registrar Of Contractors 1700 W Washington St Ste 105 Phoenix, AZ 85007 Phone(602) 771-6770 E-mail [email redacted]
On Wed, May 10, 2023 at 11:50 AM Dave Fix <[email redacted]> wrote:
James,
As we discussed during the same conversation, there is no way possible that those repairs can be completed by 5/22/23. You are asking for items that in some instances are 9 months out regarding material availability. Also, as we have not been paid by this owner for $1.6M of the contract, for which we have sued him, you are asking me to do something that I don not have the funds to perform.
I don’t see how the ROC can make such a request without fully hearing our side even though the inspection was rescheduled, Adanac clearly intended to be at the second inspection and to this day we are not aware of why our superintendent has disappeared.
Thank You,
David Fix
https://mail.google.com/mail/u/0/?ik=8b703c773b&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 3/11 5/24/23, 12:26 PM State of Arizona Mail - RE: James Carter has shared a file with you
17505 N. 79th Avenue
Suites 209/210
Glendale, AZ 85308
Office: 623.266.2761
Fax: 623.328.5186
AZ ROC# 189034 KB-01/# 328481 C-37
CA ROC# 1046543
From: James Carter <[email redacted]> Sent: Wednesday, May 10, 2023 11:44 AM To: Dave Fix <[email redacted]> Subject: Re: James Carter has shared a file with you
Dave
At this point after discussing this with my supervisor I will not be rescheduling the inspection as it was already rescheduled once by both parties. The deadline for the Directive stands at 05/22/2023. You are welcome to begin working on any or all items listed on the directive. More than likely though I will need to schedule a compliance inspection and if that is scheduled I will let you know the date for that.
James Carter Investigator #229 Arizona Registrar Of Contractors 1700 W Washington St Ste 105 Phoenix, AZ 85007 Phone(602) 771-6770 E-mail [email redacted]
On Wed, May 10, 2023 at 11:29 AM Dave Fix <[email redacted]> wrote:
James,
I am following up with our phone conversation last week regarding re-scheduling the inspection.
Thank You, https://mail.google.com/mail/u/0/?ik=8b703c773b&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 4/11 5/24/23, 12:26 PM State of Arizona Mail - RE: James Carter has shared a file with you
David Fix
17505 N. 79th Avenue
Suites 209/210
Glendale, AZ 85308
Office: 623.266.2761
Fax: 623.328.5186
AZ ROC# 189034 KB-01/# 328481 C-37
CA ROC# 1046543
From: James Carter <[email redacted]> Sent: Wednesday, May 3, 2023 1:57 PM To: Dave Fix <[email redacted]> Subject: Re: James Carter has shared a file with you
i will call you
James Carter Investigator #229 Arizona Registrar Of Contractors 1700 W Washington St Ste 105 Phoenix, AZ 85007 Phone(602) 771-6770 E-mail [email redacted]
On Wed, May 3, 2023 at 9:07 AM Dave Fix <[email redacted]> wrote:
James,
https://mail.google.com/mail/u/0/?ik=8b703c773b&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 5/11 5/24/23, 12:26 PM State of Arizona Mail - RE: James Carter has shared a file with you
Yes, that works for me and thanks so much for giving me the opportunity to speak with you.
You can call me at 602-292-3987, or if you would like me to call you, let me know what number I can reach you at.
Thank You,
David Fix
17505 N. 79th Avenue
Suites 209/210
Glendale, AZ 85308
Office: 623.266.2761
Fax: 623.328.5186
AZ ROC# 189034 KB-01/# 328481 C-37
CA ROC# 1046543
From: James Carter <[email redacted]> Sent: Tuesday, May 2, 2023 10:51 AM To: Dave Fix <[email redacted]> Subject: Re: James Carter has shared a file with you
Does 1pm work for you?
Lets discusses this and rescheduling a site visit at that time
James Carter Investigator #229
https://mail.google.com/mail/u/0/?ik=8b703c773b&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 6/11 5/24/23, 12:26 PM State of Arizona Mail - RE: James Carter has shared a file with you
Arizona Registrar Of Contractors 1700 W Washington St Ste 105 Phoenix, AZ 85007 Phone(602) 771-6770 E-mail [email redacted]
On Tue, May 2, 2023 at 9:42 AM Dave Fix <[email redacted]> wrote:
James,
I am available Thursday afternoon for a call. What time?
Also, regarding the reschedule, I was referring to a time when we were actually on site and the other party no- showed, not a prearranged reschedule, to me the two are different situations. We didn’t ignore the inspection request and sent someone to the site who has mysteriously disappeared. I spoke to one of his best friends yesterday and he ahs been trying to reach him as well for over a month now. I would hope that what happened in this instance would call for reconsideration of my request to re-schedule.
Thanks for listening.
Thank You,
David Fix
17505 N. 79th Avenue
Suites 209/210
Glendale, AZ 85308
Office: 623.266.2761
Fax: 623.328.5186
https://mail.google.com/mail/u/0/?ik=8b703c773b&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 7/11 5/24/23, 12:26 PM State of Arizona Mail - RE: James Carter has shared a file with you
AZ ROC# 189034 KB-01/# 328481 C-37
CA ROC# 1046543
From: James Carter <[email redacted]> Sent: Monday, May 1, 2023 8:15 AM To: Dave Fix <[email redacted]> Subject: Re: James Carter has shared a file with you
The ROC typically allows for one reschedule per party which has already been given. I will be happy to discuss the items over the phone if needed at this time. I can schedule something tomorring morning or thursday afternoon right now
James Carter Investigator #229 Arizona Registrar Of Contractors 1700 W Washington St Ste 105 Phoenix, AZ 85007 Phone(602) 771-6770 E-mail [email redacted]
On Mon, May 1, 2023 at 8:07 AM Dave Fix <[email redacted]> wrote:
Ok, thanks for letting me know. Can we meet to go over your directives?
Do we have another opportunity to present our side? We had a similar situation three weeks ago where the claimant didn’t show up to an inspection and he was afforded the opportunity to re-schedule. Do we have the same courtesy available to us?
Please let me know.
Thank You,
David Fix
https://mail.google.com/mail/u/0/?ik=8b703c773b&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 8/11 5/24/23, 12:26 PM State of Arizona Mail - RE: James Carter has shared a file with you
17505 N. 79th Avenue
Suites 209/210
Glendale, AZ 85308
Office: 623.266.2761
Fax: 623.328.5186
AZ ROC# 189034 KB-01/# 328481 C-37
CA ROC# 1046543
From: James Carter <[email redacted]> Sent: Monday, May 1, 2023 8:02 AM To: Dave Fix <[email redacted]> Subject: Re: James Carter has shared a file with you
Nobody from Adanac was present at the inspection
James Carter Investigator #229 Arizona Registrar Of Contractors 1700 W Washington St Ste 105 Phoenix, AZ 85007 Phone(602) 771-6770 E-mail [email redacted]
On Sat, Apr 29, 2023 at 10:21 AM Dave Fix <[email redacted]> wrote:
James,
I am in receipt of your directive and I am curious whether Joe McGregor was present at the inspection. He is my employee that was the superintendent on this project. I spoke with him early that morning and he indicated that he was on his way to the site. Since then we have not been able to get any response form him regarding the inspection and what transpired. Joe had a heart valve replaced a couple of months ago, and I am wondering if he did not make it to the inspection. We have reached out to his wife and we cannot get in touch with her either.
https://mail.google.com/mail/u/0/?ik=8b703c773b&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 9/11 5/24/23, 12:26 PM State of Arizona Mail - RE: James Carter has shared a file with you
That being said, I would like to discuss some of the items on your list and I was wondering if an in person meeting with you would be possible?
Thank You,
David Fix
17505 N. 79th Avenue
Suites 209/210
Glendale, AZ 85308
Office: 623.266.2761
Fax: 623.328.5186
AZ ROC# 189034 KB-01/# 328481 C-37
CA ROC# 1046543
From: James Carter <[email redacted]> Sent: Monday, April 24, 2023 1:00 PM To: Dave Fix <[email redacted]> Subject: James Carter has shared a file with you
https://mail.google.com/mail/u/0/?ik=8b703c773b&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 10/11 5/24/23, 12:26 PM State of Arizona Mail - RE: James Carter has shared a file with you
I've shared a file with you
Please see the attached Written Directive
20230424 Written Directive 2023-02302.docx.pdf
© 2023 Egnyte, Inc.
https://mail.google.com/mail/u/0/?ik=8b703c773b&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 11/11 Katie Hobbs, Governor Martín Quezada, Director
Complainant: Renee M Beaton 17417 W Peoria Ave Waddell, AZ 85355
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
Respondent: Magnolia Home Builder PLLC DBA: 13794 W Waddell Rd Ste 203 190 Surprise, AZ 85379
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 June 16, 2023
Compliance Jobsite Inspection Notice Re: Complaint No. 2023-04007
Dear Complainant and Respondent:
A Compliance Inspection has been scheduled for July 13, 2023 at 9:00 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,
James Carter James Carter, Investigator 602 7716770 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007
CC: Respondent Complainant Choose an item. Choose an item.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov
C012 05/21 Complaint #2023-04007 Compliance Inspection Date 07/13/2023 9:00 AM - Photo Page 1 Complaint #2023-04007 Compliance Inspection Date 07/13/2023 9:00 AM - Photo Page 2 Complaint #2023-04007 Compliance Inspection Date 07/13/2023 9:00 AM - Photo Page 3 Complaint #2023-04007 Compliance Inspection Date 07/13/2023 9:00 AM - Photo Page 4 Complaint #2023-04007 Compliance Inspection Date 07/13/2023 9:00 AM - Photo Page 5 Complaint #2023-04007 Compliance Inspection Date 07/13/2023 9:00 AM - Photo Page 6 Complaint #2023-04007 Compliance Inspection Date 07/13/2023 9:00 AM - Photo Page 7 Complaint #2023-04007 Compliance Inspection Date 07/13/2023 9:00 AM - Photo Page 8 Complaint #2023-04007 Compliance Inspection Date 07/13/2023 9:00 AM - Photo Page 9 Complaint #2023-04007 Compliance Inspection Date 07/13/2023 9:00 AM - Photo Page 10 Compliance Jobsite Inspection Notes
Case No.: 2023-04007 Investigator: James Carter Inspection Date: July 13, 2023 Inspection Time: 9:00 AM
Complainant: Renee M Beaton Respondent: Magnolia Home Not Present: Builder PLLC Not Present:
Jobsite General Notes: JSI photos and audio taken with my agency issued Google Pixel Phone camera. JSI photos and audio have been placed into the ROC complaint file. Both Complainant and Respondent were present for the inspection. Respondent advised that items that were not completed were not done because they were intimidated by Complainant. Respondent never reached out to the investigator to advise they had not completed these items due to being intimidated
Complaint Item: 9 - mechanical paint on sliders /windows Investigator’s Observation: Respondent failed to address the scratches on the window frames Governing Rule: 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.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
Complaint Item: 12 - doors/ trims/ deadbolts Investigator’s Observation: Respondent failed to correct. The garage service door dead bolt striker plate is not set properly and the door has trouble latching. Pantry door in kitchen reveals are not even. Front door reveals are not even. Garage fire door does not auto close Governing Rule: 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.
Complaint Item: 23 - cracked and chips all over new patio concrete Investigator’s Observation: Respondent failed to correct. Chips are still visible in a lot of areas and some that were repair work is very sloppy Governing Rule: 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.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Renee M. Beaton, Case No. 2023-04007 COMPLAINANT, v. Magnolia Home Builder PLLC, CITATION License No. ROC 322613,
RESPONDENT.
The Registrar issues this Citation to Magnolia Home Builder PLLC (“Respondent”)
under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by August 2, 2023, then
under A.R.S. § 32-1155(C), Respondent’s failure to answer may be deemed an admission of the
act or acts charged in the underlying complaint, and the Registrar may then suspend or revoke
Respondent’s license.
THE WRITTEN COMPLAINT
On April 6, 2023, Renee M. Beaton (“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
violations of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged
with violating:
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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 :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. 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 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 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. 2023-04007. How to File a Written Answer: Respondent’s written answer may be submitted in the of 6
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Fax: (602) 364-0416 Email: [email redacted]
The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than August 2, 2023. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license. 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 of 6
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 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 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 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 should not be of 6
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 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. Dated July 18, 2023. By: /s/ Doug Ulmer Doug Ulmer Legal Assistant Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, July 18, 2023 to: Respondent Certified Mail No: [number redacted] Magnolia Home Builder PLLC 13794 W Waddell Rd, #Ste. 203-190 Surprise, AZ 85379
Copy mailed by USPS First Class mail this same date to: Respondent Magnolia Home Builder PLLC 13794 W Waddell Rd, #Ste. 203-190 Surprise, AZ 85379 Complainant Renee M Beaton 17417 W Peoria Ave Waddell, AZ 85355 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 of 6
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Case No. 2023-04007/du
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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 8/2/23, 8:28 AM State of Arizona Mail - * * AZ ROC COMPLAINT NO 2023-04007 RESPONSE
Douglas Ulmer <[email redacted]>
* * AZ ROC COMPLAINT NO 2023-04007 RESPONSE message
Zachary Miller <[email redacted]> Tue, Aug 1, 2023 at 5:27 PM To: Douglas Ulmer <[email redacted]>, James Carter <[email redacted]>
Good Afternoon:
Attached is MHB Response as requested for the complaint pending Citation Case:
#2023-04007
Please confirm receipt and let us know if you need any additional information.
Thank you
The MHB Team 623.738.9303
CITATION RESPONSE BEATON 2023-04007.pdf 3218K
https://mail.google.com/mail/u/0/?ik=bac2c3e6c6&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]&… 1/1 July 31, 2023
TO: ARIZONA REGISTRAR OF CONTRACTORS
FROM: MAGNOLIA HOME BUILDER
RE: COMPLAINT NO. 2023-04007 (RESPONSE)
To Whom It May Concern:
Magnolia Home Builder has received the proposed citation documents issued by AZ Registrar of Contractors for the Complaint No. 2023-04007.
Attached is our response which includes the following:
Written response to each citation item.
EXHIBIT A-Permit #B2021-105691 Final Inspection Approval ISSUED 1/31/2023 Permit #B2021-105828 Final Inspection Approval ISSUED 1/31/2023
EXHIBIT B-PAGE (8) OF CONTRACT INVOICE SIGNED BY CLIENT
EXHIBIT C-COPY OF LABOR WARRANTY WITH DISCLOSURES PROVIDED TO CLIENT AT CLOSE OF ESCROW ON/AROUND 1/31/2023.
EXHIBIT D-CONFIRMED WEATHER CONDITIONS FOR WADDELL AZ FOR JANUARY2023 -JULY 2023
EXHIBIT E-DEAD BOLT RECEIPT FOR REPLACEMENT DEAD-BOLTS
EXHIBIT F-COPY OF EMAIL TO CLIENT WITH PROPOSAL TO CITATION HANDLING AND CLIENTS RESPONSE
We look forward to a resolve in this matter and thank you for your time and consideration.
The Team of Magnolia Home Builder 13794 W Waddell Rd #203-190 Surprise AZ 85379 (623) 738-9303 E-Mail: [email redacted] AZROC LIC# 32-2613 COMPLAINT ITEM #9 MECHANICAL PAINT ON SLIDERS/WINDOWS
It is the position of MHB regarding this complaint item that:
(1) The original complaint filed by complainant indicated that they claimed MHB used "mechanical paint on windows/sliders". MHB has not, did not and will not use mechanical paint on any sliders/ windows installed at complainants home. There is no evidence of such on-site currently and/or at time of initial complaint filing or subsequent inspections performed.
(2) The residue called out by complainant and subsequently removed by MHB as directed was tape residue from original course of construction where painters tape was used to tape off the exterior windows during preparation and paint of exterior walls.
(3) Because the complainant listed "mechanical paint on sliders/windows" no mention of scratches was brought up until the initial site inspection. At which time the complainant and investigator called out scratches at slider door. MHB following this inspection reached out to Milgard (product manufacturer) to confirm handling for 'scratches'. We were advised that there is not a "touch up" or solution for scratches in the annodized bronze aluminum doors or windows as installed.
(4) Upon being given a directive since there was in fact no mechanical paint on sliders/windows and the directive listed vague details on this matter- we called James Carter for clarification on what was expected of MHB for this complaint item to be properly resolved to investigator and AZROC expectations.
James Carter was very clear that he could not tell us how to resolve this line item; but upon asking him how can MHB resolve any item that: -We cannot acknowledge occurred by MHB during course of construction -There is no resolve for -Performing any attempts to repair could adversely affect the clients otherwise applicable product warranty with manufacturer.
The investigator explained that we were to remove any adhesive and that so long as we did so in good faith that that should resolve this complaint item. So in good faith, MHB did in fact clean each window as instructed by manufacturer with clean water and soft rags. This properly removed the tape adhesive complainant had stated was "mechanical paint".
MHB does acknowledge that the scratch at (1) OXXO slider door was present at time of completion prior to course of construction being completed. The clients were made aware of the scratch and did accept the home without incident to this item at that time.
Because MHB is wanting to operate in genuine good faith we did provide the client with the option to Remove/Replace the affected slider door in question with a new (matching) panel OR the concession to cover the cost of this option for the clients consideration. The client declined this option. (SEE EXHIBIT F). COMPLAINT ITEM #12 DOORS/TRIMS/DEADBOLTS
It is the position of MHB regarding this complaint item that: (1) This home was completed and clients were provided a final completion inspection issued January 31,2023. MARICOPA COUNTY BUILDING AND ZONING PERMIT# B2021-105691 and B2021-105828 (SEE EXHIBIT A)
As a requirement of Maricopa County to obtain a final completion certificate of a single family residence, the garage door self closing operation would have had to be found to be in compliance and in proper working order.
(2) Included in executed contract invoice (page 8) where it states, "client understand that it is their responsibility to adhere to all terms and conditions of each manufacturer warranty as applicable." A copy of which MHB also provided in their LABOR WARRANTY details during final walk through packet (SEE EXHIBIT B) at close of escrow on/around January 31, 2023.
(3) The clients home was vacant from Janaury 2023-April 2023. Clients have confirmed that they did not provide as was their responsibility (outlined in EXHIBITS B AND C) a consistent temperature and/or humidity level. To further support the type of acclimation conditions the clients home (and cabinets/doors/ trim etc.,) have been exposed to we are including the Temperature / Humidity summary for Waddell Arizona for the months of January 2023-July 2023. As is shown in this summary temperatures and humidity have varied over the entire period of time in question.
(4) Because of the factors outlined herein and also shared with clients it is not unusual for doors to expand and contract or be altered from their original installations which can affect the doors ability to function properly as originally installed. This can occur at any time during the acclimation process and therefore MHB would ask the governing body overseeing this matter to consider this as a justifiable and reasonable factor that has affected the installations outside solely being the workmanship of MHB and its affiliates.
(5) Clients provided their own door hardware including but not limited to dead bolts. MHB installed what client provided. The dead bolt provided was a $9 dead bolt. While MHB acknowledges that the dead bolts are difficult to latch. MHB asks for the client and this governing agency to acknowledge that these dead bolts do in fact function as expected. The reason they are difficult to operate is that the low budget deadbolt comes with a smaller striker plate that does not fit properly within the pre-bored holes on each of the 3-doors in question. Immediately following the initial walk through MHB Purchased the matching dead bolts for clients lock-sets ($43.11/each). The dead bolts were in-hand and scheduled for installation however, we did not install the dead bolts in part because installing these dead bolts while solving the operational issue would have also required clients to use 2 keys on the same door (the top lock and bottom lock would require an alternative key). (SEE EXHIBIT E)
(6) In addition, as shared with the investigator during our last inspection - the client can be challenging to talk with. She becomes easily enraged, is intimidating and is not always reasonable. As a result, when it came time to change out the dead bolts - we simply did not know what to expect from client and made the decision to not install them.
(7) Because MHB is wanting to resolve this matter in genuine good faith we did provide the client with the option to allow MHB on-site to perform re-adjustments as is our responsibility and right under mutually agreed upon labor warranty guidelines as provided and confirmed by client being applicable to existing doors as well as offered to install the better quality dead-bolts which will improve over existing dead bolts function and also offered a concession option in lieu all of which the client declined. (SEE EXHIBIT F). COMPLAINT ITEM #23 CRACKED AND CHIPS ALL OVER NEW PATIO CONCRETE
It is the position of MHB regarding this complaint item that: (1) MHB did not fully understand nor agree with the directive as provided to us by James Carter for this complaint item. Under Workmanship Standards Section: Concrete Page (10-12) items 1- 18 none of these workmanship standards were found to be present on concrete patio as installed for this complainants residence. As a result of reviewing the workmanship standards to better understand the expected handling of this complainant item directive we also followed up and reached out to James Carter and asked for clarification on his expected handling.
James Carter did not instruct us on how to resolve the issue. We did share with him that the items called out by complainant do not appear to be eligible for directive under the workmanship guidelines as provided. In fact, we asked James Carter to share with us which exact workmanship standard that MHB was to be held accountable to and he responded not with the workmanship standard defect but rather just that he thought there were too many knicks in the patio area. We brought up that in patching these areas the newly patched areas would be visibly different from existing given that it would be done at different phases and cure color may vary something outside MHB control. James Carter shared that so long as we corrected in a good faith and in a reasonable manner that it should be sufficient to resolve the complaint item. MHB does not agree with this citation in that we resolved this issue not only in good faith but also within a reasonable manner given that it originally did not even qualify for a workmanship standard infraction.
MHB considered offering client the option to paint their back patio (gray to a concrete finish) but the clients have indicated from inception of their project and again in the final inspection with inspector present that they were going to be tiling the space; and if we were to paint the patio it could add unnecessary prep to that option. Combined with the contentious relationship - we did what we felt we had been asked to do and what was expected of us.
(2) Client has occupied this home, they have installed patio furniture and a BBQ present during inspections at the locations in question. They've also pressure washed and lived in the home all of these things can adversely affect the patio otherwise poured and left in good condition for client at time of completion. While on-site with the investigator during last walk through client slid their BBQ to reveal the patches performed on the tiny chips on the patio in doing so the client herself scratched the patio/surface in front of us.
As to further confirm our sincere desire to properly resolve this matter - following receipt of the citation, MHB reached out to clients and offered to paint the back patio and/or provide a concession so client would have the funds available to have another contractor perform that work if desired. The clients did not accept this offer. (see Attachment F) "EXHIBIT A" "EXHIBIT A" "EXHIBIT B"
>>> IMPORTANT DISCLOSURE(S) FORM CARPENTRY-WOOD ITEM(S) **IMPORTANT DISCLOSURE** "EXHIBIT C" Due to the change in temperature and/or moisture your new home and the various materials installed within can and may expand and contract. They can swell and/or appear to warp or not open/close properly. It is vital that you maintain a consistent temperature and moisture within the home. This can be done by adhering to all vendor recommendations as provided on warranty(ies) available. If inconsistent temperature and/or moisture levels are determined to have been present at any time during your possession it may affect and could even void otherwise offered product warranty(ies). This applies but is not limited to interior doors, baseboards, trim, cabinetry, shelving etc., Full acclimation is required of all carpentry and varies by species, type and other conditions. Client acknowledges that acclimation is required prior to any adjustments and/or replacements for a minimum of 120+ days and may require longer depending on overall conditions as well as warranty terms for each product affcted.
SHEET-ROCK GYPSUM BOARD **IMPORTANT DISCLOSURE** When drywall is installed it is done so in accordance to required AZROC workmanship standards. It is important the client(s) are made aware that it is not uncommon for sheetrock, mud and/or tape to expand and contract over time due to temperature and/or moisture variances within the home. These variances can cause superficial "cracks" within the otherwise properly installed/finished product. There are many reasons why this can occur. It is important to understand those items that would be a warranty issue vs otherwise anticipated and/or non-covered issues.
We encourage the client(s) to review the AZ Registrar of Contractors Workmanship Standards regarding this matter should the need arise.
FIXTURE(S) INSTALLATIONS **IMPORTANT DISCLOSURE** Various custom fixtures were provided for install and were not installed due to various reasons outlined herein. PROPOSED CHANDELIER at Main Bathroom Tub • Various lighting and fixture(s) installed over tubs and/or showers are prohibited by COUNTY and/or other Building codes for safety reasons, client(s) on various occasions asked and requested the un-authorized chandelier light fixture be installed at the MAIN BATHROOM Tub. We advised clients verbally on each occasion as well as in Email and are including in this IMPORTANT DISCLOSURE notice that we do not recommend this light be installed at this location for safety reasons. Upon completion of the home only authorized and approved lighting were installed at this location and throughout home as would be allowable by applicable installation requirements and all known codes, this is further evidenced by the final passed inspection provided by governing agency(ies) throughout and at the completion of the project. Client acknowledges being noticed of this safety concern and agrees to hold harmless MHB and its affiliates from any defects should they opt to install fixtures outside of current approved installed fixture(s) as were completed throughout construction and/or prior to and/or at time of completion.
PEST CONTROL **IMPORTANT DISCLOSURE** "EXHIBIT C" Throughout construction and specifically towards the end of construction over-sized ants were noticed throughout the property. Species of the ants were not verified but client is hereby noticed that pest control would be recommended for various safety and potential hazards that the pest(s) including but not limited to ants can cause to humans as well as structures and building material(s). As a result of potential hazards Magnolia Home Builder recommend that client(s) perform and/or have scheduled appropriate pest control measures to ensure no pests are on-site causing any damage to any of the otherwise completed and properly built structure or harm to habitants of the residence.
A termite treatment with required transferable termite warranty was completed and updated as required by code. visit: https://tarf.azda.gov/index.php?ckset=ok for further information on your treatment records.
ETARF REPORT #
KWWSV WDUID]GDJRY7DUI'HWDLOVBDGRSKS"V5SW
No other treatment of rodents and/or pests were completed and is the responsibility of the client(s) to properly notice and maintain on a regular basis to ensure no unnecessary damage or harm is present from known and unknown pests/rodents.
IMPORTANT DISCLOSURE(S) FORM **IMPORTANT DISCLOSURE* * "EXHIBIT C" A General cleaning was provided at time of completion, however client should be aware that with construction and where there is not a fully landscaped yard the presence of air-born dust will likely enter the space. This fine dust can be present for weeks sometimes even months following completion of work. MHB in good faith provided a 1-time cleaning that would address the basic final construction completion but is in no way meant to be a full and final cleaning free of any debris and/or airborn particles or dust. Recommend client be prepared to wipe down and clean if necessary certain areas including but not limited to windows, cabinets, flooring etc.,
Grading of home at time of completion was done in compliance and was issued a final approved inspection by county as required. Client needs to maintain the grade and is encouraged to refrain from allowing water to reservoir or otherwise pool at perimeter or near foundation of home. Erosion can occur and dramatically and adversely affect the homes stability. Client does have a responsibility to properly maintain finished grade, it is also discouraged to manipulate and/or alter the grade without specific instruction from qualified engineer to keep integrity of the current approved grading otherwise built to specifications as approved by county and given by engineer at time of build out.
LABOR Warranties provided by specific trades vary by trade. All vendors included herein provide a minimum required 1-Year Labor Warranty. Client understands for the LABOR warranty to be valid poor or otherwise deficient workmanship must be the sole result for the inefficiency. < <
Client RESPONSIBILITIES includes but is not limited to ensuring that any eligible products that offer and/or <
have a manufacturer warranty must be fully adhered to in accordance to the specific requirements offered by < <
manufacturer(s). Client must adhere to all terms and conditions of contract including but not limited to ensuring the home maintains a consistent temperature and/or moisture level. Direct alteration and/or inability to keep consistent temperature and/or moisture levels as required may affect and possibly void certain manufacturer warranty(ies). Client has a responsibility to acquire and fully understand any and all available warranty(ies) for items installed and/or provided to this home. It is not the responsbility(ies) of MHB or its affiliates to provide and/or register client for any and all products and/or services provided. Client needs to update and/or register for any and all applicable service and/or manufacturer or product warranty(ies) that may be available. These can include but are not limited to: WINDOWS, HVAC, FLOORING, WATER HEATER, APPLIANCES ETC., Materials that were both provided as well as NOT provided are included in this disclosure, client is encouraged to review all items installed in the home and determine proper handling for all available warranty(ies). As result, client understands and hereby agrees to hold harmless MHB and its affiliates from these warranty(ies) and the required handling of registering and/or handling outside certificate of occupancy date forward. Such warranty(ies) are subject to entity issuing warranty not MHB or its affiliates.
Client understands that altering and/or having other party(ies) alter, change and/or modify current installations may affect and could void otherwise applicable labor warranty(ies) otherwise in place at time of completion.
I/We do hereby acknowledge having been given this IMPORTANT DISCLOSURE(S) FORM understanding in full its contents, agreeing to its contents as well as confirming any concerns prior to signing this acknowledgment.
This form was provided to client at close of escrow along with sub-contract contact list labor warranty request forms, final lien release and cost____________________________________ ____________________________________ sheet as a full packet. Todd Beaton Date Renee Beaton Date
"EXHIBIT D" LOW/HIGH WEATHER SUMMARY FOR WADDELL AZ 85355 January 2023-July 2023 High & Low Weather Summary for January 2023 Temperature Humidity Pressure High 76 °F (Jan 13, 2:55 pm) 100% (Jan 1, 12:15 am) 30.36 "Hg (Jan 1, 12:15 am) Low 33 °F (Jan 24, 6:55 am) 12% (Jan 27, 2:55 pm) 29.31 "Hg (Jan 11, 3:56 am) Average 51 °F 66% 30.02 "Hg * Reported Jan 1 12:15 am — Jan 31 11:55 pm, Waddell. Weather by CustomWeather, © 2023
High & Low Weather Summary for February 2023 Temperature Humidity Pressure High 77 °F (Feb 12, 3:55 pm) 100% (Feb 14, 8:33 pm) 30.37 "Hg (Feb 14, 8:33 pm) Low 35 °F (Feb 16, 6:55 am) 6% (Feb 9, 1:55 pm) 29.45 "Hg (Feb 22, 4:55 am) Average 53 °F 47% 30.01 "Hg * Reported Feb 1 12:55 am — Feb 28 11:55 pm, Waddell. Weather by CustomWeather, © 2023
High & Low Weather Summary for March 2023 Temperature Humidity Pressure High 81 °F (Mar 12, 3:55 pm) 100% (Mar 1, 9:15 pm) 30.21 "Hg (Mar 1, 9:15 pm) Low 39 °F (Mar 2, 5:55 am) 7% (Mar 27, 11:55 am) 29.55 "Hg (Mar 1, 5:55 pm) Average 60 °F 49% 29.94 "Hg * Reported Mar 1 12:55 am — Mar 31 11:55 pm, Waddell. Weather by CustomWeather, © 2023
High & Low Weather Summary for April 2023 Temperature Humidity Pressure High 100 °F (Apr 30, 2:55 pm) 56% (Apr 1, 5:55 am) 30.15 "Hg (Apr 1, 5:55 am) Low 41 °F (Apr 5, 4:55 am) 4% (Apr 29, 5:55 pm) 29.56 "Hg (Apr 12, 5:55 pm) Average 73 °F 19% 29.83 "Hg * Reported Apr 1 12:55 am — Apr 30 11:55 pm, Waddell. Weather by CustomWeather, © 2023
High & Low Weather Summary for May 2023 Temperature Humidity Pressure High 100 °F (May 16, 2:55 pm) 70% (May 20, 5:55 am) 30.02 "Hg (May 20, 5:55 am) Low 57 °F (May 6, 5:55 am) 5% (May 1, 5:55 pm) 29.54 "Hg (May 1, 3:07 pm) Average 81 °F 21% 29.79 "Hg * Reported May 1 12:55 am — May 31 11:55 pm, Waddell. Weather by CustomWeather, © 2023
High & Low Weather Summary for June 2023 Temperature Humidity Pressure High 107 °F (Jun 26, 3:55 pm) 45% (Jun 12, 5:55 am) 29.89 "Hg (Jun 12, 5:55 am) Low 64 °F (Jun 24, 4:55 am) 2% (Jun 23, 5:55 pm) 29.59 "Hg (Jun 5, 4:03 pm) Average 87 °F 15% 29.74 "Hg * Reported Jun 1 12:55 am — Jun 30 11:55 pm, Waddell. Weather by CustomWeather, © 2023
High & Low Weather Summary for July 2023 Temperature Humidity Pressure High 117 °F (Jul 15, 4:01 pm)55% (Jul 26, 11:13 pm) 29.90 "Hg (Jul 26, 11:13 pm) Low 80 °F (Jul 6, 5:55 am) 5% (Jul 1, 5:55 pm) 29.57 "Hg (Jul 7, 5:55 pm) Average 101 °F 19% 29.74 "Hg * Reported Jul 1 12:55 am — Jul 30 3:55 pm, Waddell. Weather by CustomWeather, © 2023
https://www.timeanddate.com/weather/@5319614/historic?month=7&year=2023 "EXHIBIT E" 012ÿ452ÿ6ÿ6ÿ7809 ÿ ÿ ÿÿ6ÿ6 "EXHIBIT F" 420 ÿ ÿ 2 ! " " # $ "2 % & " ' 2(&)ÿ*&ÿ+,)ÿ-.-+ÿÿ./2.0ÿ1(ÿ(2
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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