2023A-04088-CHC-ROC Notice of Hearing and Packet MAILED

2023A-04088-CHC-ROC · Registrar of Contractors · 2023-11-01

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Donald Stephen Coburn , Case No. 2023-04088 COMPLAINANT, Docket No. 2023A-04088-CHC-ROC v. NOTICE OF HEARING ON CONTESTED CASE Lifetime Homes Inc License No. ROC 317017,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

December 18, 2023 9:00 AM Velva Moses-Thompson Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

If you have requested to appear in-person at the hearing, the hearing will be held at 1740 W Adams Street, Phoenix, AZ 85007.

You must attend this hearing. This is an adversarial hearing before an administrative law judge, and is conducted in a similar manner as judicial proceedings. Thus, you must be

prepared to present evidence, including witness testimony and documents, in support of your case.

STATEMENT OF LEGAL AUTHORITY AND JURISDICTION The State of Arizona has determined that the licensing and regulation of construction contractors is a proper state function, and has vested authority in the Registrar of Contractors to administer Title 32, Chapter 10 of the Arizona Revised Statutes. A.R.S. §§ 32-1101 et seq. All hearings for alleged violations of Title 32, Chapter 10 are conducted under Title 41,

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

The statutes and rules governing the hearing can be found at: Arizona Revised

Statutes §§ 41-1092 to -1092.12, and Arizona Administrative Code R2-19-101 to -122.

PARTICULAR ARIZONA STATUTES AND RULES INVOLVED The statutes and rules the Respondent is alleged to have violated are cited in the

complaint and citation, which were served on the Respondent on October 17, 2023. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED The complaint and citation allege that the Respondent committed the following act(s): Charge: 1 A.R.S. § 32-1154(A)(3) - R4-9-108(a)

Charge: 2 A.R.S. § 32-1154(A)(22)

THE PARTIES TO THE ADMINISTRATIVE HEARING Because Respondent is a licensee and is charged with an act(s) or omission(s) that is

cause for the suspension or revocation of a license, Respondent is a party to this case and will

be a party to the hearing.

Because Complainant alleged Respondent committed an act(s) or omission(s) that is cause for the suspension or revocation of a license, Complainant is a party to this case and will be a party to the hearing. Respondent and Complainant, as the parties to the hearing, will present evidence and argument to the administrative law judge. The Registrar’s assigned investigator will appear as a witness at the hearing.

RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney. A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented

by an officer or employee if that person satisfies the conditions set forth in A.R.S. § 32-

1156(B).

CHANGE OF ADDRESS Each party must inform the Registrar and the Office of Administrative Hearings of

any change of address within five (5) days of the change. A.R.S. § 41-1092.04.

HEARING PROCEDURES AND RULES The administrative hearing will be conducted in accordance with A.R.S. §§ 41-1092

to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and processes governing the administrative hearing. Copies of the statutes, rules, and articles

regarding the administrative hearing process can be found at https://www.azoah.com/.

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

The Registrar’s investigators, employees, and attorneys will appear at the hearing via

video conference or telephone unless requested by a party to appear in-person. Requests for

the Registrar’s investigators, employees, or attorneys to appear in-person must be filed with the Registrar and the Office of Administrative Hearings no later than seven (7) calendar days prior to the hearing date.

HEARING PACKET In the interests of administrative efficiency, the Registrar compiles and discloses certain documents to the parties and the Office of Administrative Hearings. These documents are attached to this Notice of Hearing as the “Hearing Packet.” If any party wishes to submit additional evidence, they must do so during the hearing after completing a disclosure statement. See “Disclosure Statement” section below.

SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS The parties to the hearing must be prepared to present evidence in support of their case. If a party wants to obtain testimony from a witness or documents not in the party’s possession, the party must prepare and file a written subpoena for the Administrative Law Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com. The party seeking a subpoena must serve notice on all the parties to the hearing, and on the Registrar. A.R.S. § 41-1092.04.

DISCLOSURE STATEMENT At least seven calendar days before the hearing, each party must prepare and serve a

disclosure statement on all other parties, and file it with the Office of Administrative Hearings.

A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the

party will use at the hearing. A party’s failure to timely disclose any witness or exhibit, without good cause, may result in the administrative law judge excluding those witnesses or exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is available on the Registrar’s website at https://roc.az.gov/content/prehearing-disclosure- statement.

CHANGING THE HEARING DATE

The date of the hearing may only be advanced or delayed on the agreement of the parties or on a showing of good cause. A.R.S. § 41-1092.05(C). The date of the hearing may be changed by filing a written agreement of the parties to change the date of the hearing. The written agreement must be filed with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmitted to the Registrar and all other parties. The assigned Administrative Law Judge may be found on the Office of Administrative Hearings’ web portal at www.azoah.com If a party would like to move the date of the hearing without agreement of all parties, the party must file a written motion with the Office of Administrative Hearings, directed to the

assigned Administrative Law Judge, and transmit a copy to the Registrar and all other parties.

The motion must state in detail good cause for why the date of the hearing should be advanced

or delayed, and the position of all other parties regarding the advancement or delay.

A party may also file a motion asserting a right to an expedited hearing upon a showing of extraordinary circumstances or the possibility of irreparable harm. A.R.S. § 41-1092.05(E).

RESOLUTION SHORT OF ADJUDICATION

In any case which is resolved or settled by the parties, or which is withdrawn by the

Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of the resolution or settlement. Any such cases will be listed on the Registrar’s website and its records under the category: “Closed Complaints – Resolved/Settled/Withdrawn.” Dated November 2, 2023.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail November 2, 2023 to:

Respondent(s) Lifetime Homes Inc 168 E Horseshoe Ave Gilbert, AZ 85296 Complainant(s) Donald Stephen Coburn 3610 W Griswold Rd Phoenix, AZ 85051

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. 2023-04088 /

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: Donald Stephen Coburn 3610 W Griswold Rd Phoenix, AZ 85051

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: Lifetime Homes Inc 168 E Horseshoe Ave Gilbert, AZ 85296

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 20, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-04088

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for May 18, 2023 at 10:15 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, Robert Di Alto Robert Di Alto, Investigator (602) 771-6758 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

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

A Guide to Jobsite Inspections

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C008 05/21 Complaint #2023-04088 P 1 JSI Date 5/18/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04088 P 2 JSI Date 5/18/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04088 P 3 JSI Date 5/18/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04088 P 4 JSI Date 5/18/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04088 P 5 JSI Date 5/18/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04088 P 6 JSI Date 5/18/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04088 P 7 JSI Date 5/18/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04088 P 8 JSI Date 5/18/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04088 P 9 JSI Date 5/18/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04088 P 10 JSI Date 5/18/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04088 P 11 JSI Date 5/18/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04088 P 12 JSI Date 5/18/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04088 P 13 JSI Date 5/18/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04088 P 14 JSI Date 5/18/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04088 P 15 JSI Date 5/18/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04088 P 16 JSI Date 5/18/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04088 P 17 JSI Date 5/18/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04088 P 18 JSI Date 5/18/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04088 P 19 JSI Date 5/18/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04088 P 20 JSI Date 5/18/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04088 P 21 JSI Date 5/18/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04088 P 22 JSI Date 5/18/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04088 P 23 JSI Date 5/18/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04088 P 24 JSI Date 5/18/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04088 P 25 JSI Date 5/18/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04088 P 26 JSI Date 5/18/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04088 P 27 JSI Date 5/18/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04088 P 28 JSI Date 5/18/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04088 P 29 JSI Date 5/18/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04088 P 30 JSI Date 5/18/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04088 P 31 JSI Date 5/18/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04088 P 32 JSI Date 5/18/2023 at 10:45 AM JSI PHOTOS Katie Hobbs, Governor Martín Quezada, Director

Complainant: Donald Stephen Coburn 3610 W Griswold Rd Phoenix, AZ 85051

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: Lifetime Homes Inc 168 E Horseshoe Ave Gilbert, AZ 85296

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

June 8, 2023

License No. ROC 317017

Re:Complaint No. 2023-04088

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 .

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:

Complaint Item: 1-Live electrical wire laid in concrete cut out without conduit or stub up in kitchen. Investigator’s Observation: I observed sheathed electrical cable in the toe space area of the peninsula base cabinets. The Complainant provided a Correction Notice, supporting the complaint item, and requiring that the complaint item be corrected. I queried the City of Phoenix PDD Online and was not able to locate any electrical permit being issued for the Complainant’s address. This condition does not meet industry standards and is an obstruction and tripping hazard. The Respondent stated that conductors were never connected to the main service panel. The Respondent shall correct by the appropriate means.

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

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

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 5-Steps of wood flooring edge piece not correctly adhered to floor. Investigator’s Observation: I observed what appeared to be an outside corner/stair nose molding that was detached from the step down into a living area from the entry hall. It appears that a minimal amount of adhesive was applied to this molding piece prior to installation may have caused adhesion failure. Respondent shall correct by the appropriate means and as per the manufacturer’s recommendation and suggested adhesive. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 6-Bathrooms’ flooring not leveled beneath. Pieces moving, breaking, bending underneath weight. Investigator’s Observation: I observed locations that were not in contact with slab substrate, mostly by the shower, between the shower curb and toilet. I was able to step on and off the locations that exhibited excessive vertical movement. The floor appeared to be somewhat flat on plane and more than likely low points were not filled prior to flooring installation. Respondent shall correct by the appropriate means at the locations where these conditions exist. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 8-Demo material still left behind in yard. Investigator’s Observation: I observed miscellaneous construction materials and debris at various exterior locations of the residence. Item # 7 in the contract includes, Cleanup and Trash Removal: The contractor will keep the owner’s residence free from waste or rubbish resulting from the work. All waste, rubbish, tools, construction materials, and machinery will be removed promptly after completion of the work by the contractor. The Respondent shall correct by the appropriate means as per the contract. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 10-Two windows ordered incorrectly still left behind. Investigator’s Observation: I observed two windows that were apparently ordered incorrectly and were not installed. The Respondent stated that the Complainant wanted to keep the windows to sell. The Complainant stated that he wanted them removed and Respondent stated he had no issue removing them from the jobsite. The Respondent shall complete the removal as per contract and by the appropriate means. Governing Rule Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

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

Complaint Item: 11-Tools and building materials left behind. Investigator’s Observation: I observed miscellaneous construction materials and debris at tools at various exterior locations of the residence. Item # 7 in the contract provides for, Cleanup and Trash Removal: The contractor will keep the owner’s residence free from waste or rubbish resulting from the work. All waste, rubbish, tools, construction Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 12-New smoke detectors not correctly installed per code. Wirelessly connected in cases where direct wired is not available. This was not done. Investigator’s Observation: At the time of this inspection the complainant did not demonstrate the allegation and the Respondent stated that the smoke detectors were interconnected. However The Complainant provided a Correction Notice, supporting the complaint item, and requiring that the complaint item be corrected. I queried the City of Phoenix PDD Online and was not able to locate any electrical permit being issued for the Complainant’s address. The Respondent shall verify smoke detector requirements with the City of Phoenix and if required, the Respondent shall correct by the appropriate means. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 14-No electrical permit pulled for new outlets installed. Investigator’s Observation: While the removal and replacement of an electrical device/outlet or the addition of an outlet may not require a permit in some jurisdictions, this may not be the case in others. The Complainant provided a Correction Notice, supporting the complaint item, and requiring that the complaint item be corrected. I queried the City of Phoenix PDD Online and was not able to locate any electrical permit being issued for the Complainants address. The Respondent shall verify the requirements with the City of Phoenix and if required, the Respondent shall correct by the appropriate means. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 15-Kitchen outlets to be GFI and AFCI connected. Investigator’s Observation: At the time of this inspection, the Complainant did not demonstrate the complaint item. The Complainant provided a Correction Notice, supporting the complaint item, and requiring that the complaint item be corrected. I queried the City of Phoenix PDD Online and was not able to locate any electrical permit being issued for the Complainants address. The Respondent shall verify requirements with the City of Phoenix and if required, the Respondent shall correct by the appropriate

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

means. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

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

Complaint Item: 2-Several locations around house were holes left in walls. Baseboard locations and plumbing. Investigator’s Observation: After reviewing the Bid on Repairs contract document provided by the Complainant, specifically #18) Plaster/Drywall, and observing the jobsite conditions at the time of this inspection, the only drywall work specified is: “in the kitchen where needed.” This complaint item is outside of the scope of the contract. The Complainant provided no additional evidence to support this allegation. No further action required by the respondent. Governing Rule: N/A

Complaint Item: 3-Wood flooring in several locations not laid without underneath concrete floor being cleaned. Investigator’s Observation: I was not able to verify that these conditions exists due to flooring installation being complete at the time of this jobsite inspection. The Complainant provided no evidence to support this allegation. No further action required by the respondent. Governing Rule: N/A

Complaint Item: 4-Several locations with debris under board breaking surface. Investigator’s Observation: I was not able to verify that these conditions exist due to flooring installation being complete at the time of this jobsite inspection. The Complainant provided several photographs but provided no further evidence to support this allegation. No further action required by the respondent Governing Rule: N/A

Complaint Item: 7-Trench lines in yard not completely filled, sunken in several locations. Investigator’s Observation: I observed what appeared to be a visible trench line that was slightly v in shape, and where the Respondent had excavated native soil to allow for the installation of a new main sewer line. I did not identify any provisions or references for/to grading or site work in the contract provided by the Complainant. It should also be noted that this visible line follows the roof line drip edge and that rain gutters are not currently in place to mitigate compaction from rain water run-off. No further action required by the respondent. Governing Rule: N/A

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

Complaint Item: 9-Several walls not left in professional shape in order to be painted. Investigator’s Observation: After reviewing the Bid on Repairs contract document provided by the Complainant, specifically #18) Plaster/Drywall, and observing the jobsite conditions at the time of this inspection, the only drywall work specified is “in the kitchen where needed.” This complaint item is outside of the scope of the contract. The Complainant provided no additional evidence to support this allegation. No further action required by the respondent. Governing Rule: N/A

Complaint Item: 13-All window blinds not reinstalled. Investigator’s Observation: This work is outside of the scope of the contract. No further action required by the respondent. Governing Rule: N/A

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

Sincerely,

Robert Di Alto Robert Di Alto Investigator 602 7716758 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

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

Jobsite Inspection Notes

Case No.: 2023-04088 Investigator: Robert Di Alto Inspection Date: May 18, 2023 Inspection Time: 10:15 AM

Complainant: Donald Stephen Respondent: Lifetime Homes Inc Coburn Not Present: Not Present:

Jobsite General Notes: JSI photos taken with my Google Pixel Phone camera. JSI audio recorded with my Olympus Digital Voice Recorder model DM-620. JSI photos and audio have been placed into the ROC complaint file.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19

requirements with the City of Phoenix and if required, the Respondent shall correct by the appropriate means. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19

Katie Hobbs, Governor Martín Quezada, Director

Complainant: Donald Stephen Coburn 3610 W Griswold Rd Phoenix, AZ 85051

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: Lifetime Homes Inc 168 E Horseshoe Ave Gilbert, AZ 85296

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

July 6, 2023