2023A-04189-CHC-ROC Notice of Hearing and Packet MAILED

2023A-04189-CHC-ROC · Registrar of Contractors · 2023-09-08

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Debra Petrie , Case No. 2023-04189 COMPLAINANT, Docket No. 2023A-04189-CHC-ROC v. NOTICE OF HEARING ON C & B Custom Homes Inc CONTESTED CASE License No. ROC 039973,

RESPONDENT.

This Notice of Hearing is issued under A.R.S. § 41-1092.05(D). HEARING INFORMATION The hearing is set for: October 17, 2023 9:00 AM 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 August 10, 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 September 7, 2023.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail September 7, 2023 to: Respondent(s) C & B Custom Homes Inc PO Box 3661 Cottonwood, AZ 86326 Complainant(s) Debra Petrie 1880 Buena Vista Drive Clarkdale, AZ 86324

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. 2023-04189 /

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: Debra Petrie 1880 Buena Vista Drive Clarkdale, AZ 86324

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 Katie Hobbs, Governor Martín Quezada, Director

Respondent: C & B Custom Homes Inc DBA: PO Box 3661 Cottonwood, AZ 86326-2603

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 Katie Hobbs, Governor Martín Quezada, Director

May 18, 2023

Re: Complaint Number 2023-04189

Dear Complainant and Respondent:

Due to a conflict in scheduling of one of the parties, the jobsite inspection scheduled for May 1, 2023 at 12:00 PM has been rescheduled for May 30, 2023 at 9:00 AM.

If either party is unable to attend, the Registrar requires 36-hours advance notice for cancellation or continuance.

Complainant: Safe access is required to any area to be inspected.

Should you have any questions regarding the above, please contact me.

Sincerely,

Brandon Smith Brandon Smith, Investigator 520 6285021 [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 C010 04/21 Katie Hobbs, Governor Martín Quezada, Director

Complainant: Debra Petrie 1880 Buena Vista Drive Clarkdale, AZ 86324

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

Respondent: C & B Custom Homes Inc DBA: PO Box 3661 Cottonwood, AZ 86326

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

June 6, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-04189

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for July 5, 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 · Toll Free 877.692.9762 · 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, Mike Wiskow Mike Wiskow, Investigator 602 7716750 [email redacted] 1700 W Washington StSte 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 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 · Toll Free 877.692.9762 · 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 · Toll Free 877.692.9762 · 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 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Katie Hobbs, Governor Martín Quezada, Director

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Complainant: Debra Petrie 1880 Buena Vista Drive Clarkdale, AZ 86324

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Respondent: C & B Custom Homes Inc DBA: PO Box 3661 Cottonwood, AZ 86326

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 July 6, 2023

License No. ROC 039973

Re:Complaint No. 2023-04189

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 July 27, 2023.

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

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

Compliance Item: 1 - Stucco on the exterior of the house was severely cracked. Investigator’s Observation: The stucco has excessive cracks. Horizontal. Vertical and Diagonal Cracks are present. Per the stucco contractor on site, the work is unacceptable. Cracks in stucco. Hairline cracks, if excessive, or cracks that exceed 1/16" are unacceptable. Contractor should determine cause of crack and make necessary repairs. Stud locations visible on stucco wall. Contractor should make necessary repairs. 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: 2 - The sink top in our second bathroom was installed with numerous, deep, circular scratches on the counter. Investigator’s Observation: There are swirls in the bath top that are excessive. Scratches and swirl marks in cultured marble should not be excessive. Contractor should repair 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.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:

Compliance Item: 3 - There were numerous issues with our hot water heater and the electrical system not being compatible Investigator’s Observation: Corrected prior to JSI Governing Rule:

Compliance Item: 4 - Now that we have another layer of materials, when it rains, the water pours directly off of the front patio onto our wooden railings on the first floor patio. Investigator’s Observation: Corrected prior to JSI Governing Rule:

Compliance Item: 5 - All external electrical boxes were placed directly under a roof top scupper. When it rains, water pours directly onto the electrical boxes.; Investigator’s Observation: Exterior Outlets are waterproof. Project has been inspected by Local Building Authority. Governing Rule:

Compliance Item: 6 - The vent for our house fan does not have screening on it. Investigator’s Observation: Corrected prior to JSI Governing Rule:

Compliance Item: 7 - Striker plate for garage and broken Investigator’s Observation: Corrected prior to JSI 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 Compliance Item: 8 - Broken toilet paper holder in master bathroom.; Investigator’s Observation: Corrected prior to JSI Governing Rule:

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

Sincerely,

Mike Wiskow Mike Wiskow, Investigator 602 7716750 [email redacted] 1700 W Washington StSte 105 Phoenix, AZ 85007

CC: Respondent Complainant

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Jobsite Inspection Notes

Case No.: 2023-04189 Investigator: Mike Wiskow Inspection Date: July 5, 2023 Inspection Time: 9:30 AM

Complainant: Debra Petrie Respondent: C & B Custom Not Present: Homes Inc Not Present:

Jobsite General Notes: Photos taken with Pixel 6 Pro. Audio recorded with Pixel Pro 6 digital voice recorder.

Complaint Item: 1 - Stucco on the exterior of the house was severely cracked. Investigator’s Observation: The stucco has excessive cracks. Horizontal. Vertical and Diagonal Cracks are present. Per the stucco contractor on site, the work is unacceptable. 1. Cracks in stucco. Hairline cracks, if excessive, or cracks that exceed 1/16" are unacceptable. Contractor should determine cause of crack and make necessary repairs. 5. Stud locations visible on stucco wall. Contractor should make necessary repairs. 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 - The sink top in our second bathroom was installed with numerous, deep, circular scratches on the counter.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19

Investigator’s Observation: There are swirls in the bath top that are excessive. Scratches and swirl marks in cultured marble should not be excessive. Contractor should repair 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: 3 - There were numerous issues with our hot water heater and the electrical system not being compatible Investigator’s Observation: Corrected prior to JSI Governing Rule:

Complaint Item: 4 - Now that we have another layer of materials, when it rains, the water pours directly off of the front patio onto our wooden railings on the first floor patio. Investigator’s Observation: Corrected prior to JSI Governing Rule:

Complaint Item: 5 - All external electrical boxes were placed directly under a roof top scupper. When it rains, water pours directly onto the electrical boxes.; Investigator’s Observation: Exterior Outlets are waterproof. Project has been inspected by Local Building Authority. Governing Rule:

Complaint Item: 6 - The vent for our house fan does not have screening on it. Investigator’s Observation: Corrected prior to JSI Governing Rule:

Complaint Item: 7 - Striker plate for garage and broken Investigator’s Observation: Corrected prior to JSI 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 Item: 8 - Broken toilet paper holder in master bathroom.; Investigator’s Observation: Corrected prior to JSI 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

Complainant: Debra Petrie 1880 Buena Vista Drive Clarkdale, AZ 86324

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Respondent: C & B Custom Homes Inc DBA: PO Box 3661 Cottonwood, AZ 86326

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Case No.: 2023-04189 Investigator: Mike Wiskow Inspection Date: Inspection Time:

Compliance Jobsite General Notes: No Compliance Inspection was performed. Complaint proceeding based on email communication with respondent and phone conversation with complainant.

Compliance Findings:

Compliance Item: 1 - Stucco on the exterior of the house was severely cracked. Investigator’s Observation: The stucco has excessive cracks. Horizontal. Vertical and Diagonal Cracks are present. Per the stucco contractor on site, the work is unacceptable. 1. Cracks in stucco. Hairline cracks, if excessive, or cracks that exceed 1/16" are unacceptable. Contractor should determine cause of crack and make necessary repairs. 5. Stud locations visible on stucco wall. Contractor should make necessary repairs. Governing Rule: A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Stucco Not Started or Completed.

Compliance Item: 2 – Bath top Completed.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Note:

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

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

Mike Wiskow Mike Wiskow, Investigator 602 7716750 [email redacted] 1700 W Washington StSte 105 Phoenix, AZ 85007

CC: Respondent Complainant

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Debra Petrie Case No. 2023-04189 COMPLAINANT, v. C & B Custom Homes Inc CITATION License No. ROC 039973,

RESPONDENT.

The Registrar issues this Citation to C & B Custom Homes Inc (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by August 25, 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(s). THE WRITTEN COMPLAINT On April 8, 2023, Debra Petrie (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating: Charge 1: A.R.S. § 32-1154(A)(3) - R4-9-108(a) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. of 5

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

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

FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2023-04189. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted] of 5

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

602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than August 25, 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(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an of 5

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

602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 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(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. of 5

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

602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 Dated August 10, 2023. By: /s/ Dylan Warwick Dylan Warwick Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, August 10, 2023 to:

Respondent Certified Mail No: [number redacted]

C & B Custom Homes Inc PO Box 3661 Cottonwood, AZ 86326

Copy mailed by USPS First Class mail this same date to: C & B Custom Homes Inc PO Box 3661 Cottonwood, AZ 86326

Complainant Debra Petrie 1880 Buena Vista Drive Clarkdale, AZ 86324 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. 2023-04189 / <<CreatedBy_DW>

of 5

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

602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

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

Debra Lee Petrie Mailing Address (Enter jobsite in Contract/Project section) City State Zip

1880 Buena Vista Drive Clarkdale Arizona 86324 Phone Number Email

I consent to receive communications electronically in connection with this case Name of Attorney (if any)

Street Address of Attorney City State Zip

Phone Number of Attorney Email of Attorney

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

C & B Custom Homes Inc ROC 039973 Street Address City State Zip

PO Box 3661 Cottonwood AZ 86326-2603

Name of Person(s) Representing License

Chrissy Spannagel Milner; Contract/Project Information Contract Date Contract Amount Amount Paid

January 13, 2021 $500,433.60 $525,081.05 Date Work Started Date Work Stopped Date Work Was Completed

April 23, 2021 March 21, 2023 April 8, 2023 Close of Escrow (New Home) Move-In Date (New-Home)

April 8, 2022 March 4, 2022 Jobsite Street Address City State Zip

1880 Buena Vista Drive Clarkdale AZ 86324 Name of Construction Site Owner Construction Site Name (if applicable)

Crossroads at Mingus - Lot #29 Phone Number of Construction Site Owner Email of Construction Site Owner

This complaint is for Poor Work;Other I have contacted the contractor by Phone/Text;Email;Letter Have you filed a complaint in court? No Has any work been corrected? Yes

RCC099 12/05/18 Page 1 of 3 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

C&B and/or their subcontractors The contract was Written All change orders were Both This project was Residential This project involved New Home

A building permit was obtained by Contractor 093000 Clarkdale, AZ List and briefly describe each complaint item (Please do not write "see attached" or use additional pages unless necessary to further describe issues or list more complaint items) (limited to 100 characters per line)

Stucco on the exterior of the house was severely cracked. Builder to attempted to have cracks repaired, however, they are extensive and still easily visible through the paint. Builder was supposed to perform additional repairs in January 2023. We wanted repairs done after the freezing weather and advised him of such. To date, after numerous attempts to reschedule, nothing has been scheduled or completed.; We paid a real estate commission in the amount of $7,808.00 to Mingus Mountain Realty when we purchased the vacant lot on 12/16/2018. When we received our final draw request from C&B, an additional real estate commission amount of $17,134.83 was listed. Nowhere in any of our documentation was noted that an additional real estate commission would be due, nor were we advised of such. We attempted to resolve with C&B, however, Chris Spannagel threatened a lien on our property three days prior to our scheduled mortgage closing, so we were forced to sign the approval for this real estate commission that was disputed by us. We reached out to Mingus Mountain Real Estate to obtain additional clarification but have not received any response. We also had an attorney (William MacDonald, Esq) reach out to Mingus Mountain Real Estate requesting clarification on this, and he also received no response after several attempts.; The sink top in our second bathroom was installed with numerous, deep, circular scratches on the counter. C&B had the subcontractor (Precision Marble) come out to repair the sink. They polished the top of the sink top again which removed some of the scratches, however, they are still noticeable. We advised C&B that we were not satisfied with the result but we have not heard anything else on this.; There were numerous issues with our hot water heater and the electrical system not being compatible. A new hot water heater was installed March 21, 2023, however, the electrician has not completed the required electrical work to complete this project; We were charged an additional $4,149.00 for the roof top coating for our second floor patio flooring. C&B listed this as a change order, however, we had advised them during the house plan phase that we wanted to be able to walk on our roof top above our garage. This was in all of the plans, and we had paid for the second floor room and patio. The price for the flooring should have been included. There are sliding glass doors out onto the patio, so why would we not be able to walk on the roof top? C&B told us we needed to approve this or the work would not be done. After the work was done, numerous holes and cracks appeared on the roof top. After William MacDonald, Esquire, contacted C&B, a new flooring coating was installed. Now that we have another layer of materials, when it rains, the water pours directly off of the front patio onto our wooden railings on the first floor patio. C&B said that flashing would be required to correct this, however, that has not yet been completed.; All external electrical boxes were placed directly under a roof top scupper. When it rains, water pours directly onto the electrical boxes.; The vent for our house fan does not have screening on it. Birds have been going into the duct work. Screening should have been installed per the Contractor's Code when the house was built.; Two other punch list items have not yet been completed: striker plate for garage and broken toilet paper holder in master bathroom.; We ordered rainglass for our master bathroom shower. When the subcontractor came to install in April 2021, they brought clear glass with them. They stated that it would take another 6+ weeks in order to get the rainglass that we had ordered, so after discussing with C&B, we told them to install the clear shower glass since we were already living in the house and this was creating a major inconvenience for us. At closing, C&B then charged us an additional $256.68 for the price difference.; Due to extensive delays that were not approved by us, our house was not ready to move in with a Conditional Certificate of Occupancy until March 4, 2022. The house was supposed to have been completed in November of 2021. We kept in frequent contact with Chris Spannagel about a move-in date and tried to be understanding of the delays. He promised that the house would be ready to be moved into before the last week of February 2022. We told him we would consider that date final. Less than two weeks prior to our scheduled moved date from Pennsylvania, Chrissy Spannagel Milner called to advise that the house would not be ready. We told her that we already had plans made, deposits made for moving company, work time off, etc., and that they would need to have the house ready as promised. When we arrived here and called Chris Spannagel to advise that the moving truck would arrive on February 28, 2022, he said that they could not come and bring our household items since they were not permitted to do so since there was not a Certificate of Occupancy Permit for our house. This resulted in additional costs of us for The View Motel (~$1,000) plus an extra month's storage rental of our PODS container ($218.95).;

RCC099 12/05/18 Page 2 of 3 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

We have not received a copy of our final "as built" blue print drawings for our house.

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

Debra Lee Petrie \complainant1\ \complainantd1\

RCC099 12/05/18 Page 3 of 3 INVOICE #830

C & B Construction

4/22/2021

BILL TO FOR Deb and George Petrie 10% Deposit - Paid via Wire Transfer

Details AMOUNT

Deposit $49,798.14

Total $49,798.14

Make all checks payable to C & B Construction

If you have any questions concerning this invoice, use the following contact information:

Chrissy Spannagel - 928-634-8453 - PO Box 3661 Cottonwood AZ 86326

THANK YOU FOR YOUR BUSINESS! DocuSign Envelope ID: DF5C16D3-B7EF-45AC-979F-A60B8B23339B

Residential License B-039973

Commercial License B1-115300

“CONTRACT AGREEMENT”

This Contract Agreement is made this 13th Day of January 2021 between the Owner, Debra and George Misty Meadow, Perkasie PA 18944 Petrie, whose mailing address is __________________________________________, and the Contractor, C&B Custom Homes, Inc., whose mailing address is P.O. Box 3661, Cottonwood, AZ 86326.

In consideration of the mutual promises and conditions contained herein, Owner and Contractor agree as follows:

ARTICLE 1. The Work

The Contractor shall perform all the Work required by the Contract Documents, as defined in Article 5 below, for the construction of the residence described by said documents on land owned by the Owner located at 1880 Buena Vista Dr. Clarkdale AZ 86324 (the Building Site).

ARTICLE 2. Contract Time

The Work to be performed under the Contract Documents shall be commenced promptly after receipt of the building permit and execution of this Contract Agreement and shall take approximately six months to complete. Time is of the essence in all aspects of Contractor’s performance, and Contractor shall diligently pursue its Work to completion. If the Contractor is delayed at any time in the progress of the Work by Owner-requested changes in the Work, by labor disputes, fire, unusual delay in transportation, unavoidable casualties, or causes beyond the Contractor’s control, then the Contract Time shall be extended by change order.

ARTICLE 3. Contract Sum and Changes in the Work

3.1 The Owner shall pay the Contractor for the performance of the Work, subject to additions and deductions by change order as provided below, in current funds, the Contract Sum of $467,433.60 USD. This sum does not include the value of the land on which the Work contracted for herein is to be constructed.

3.2 The Owner without invalidating this Contract Agreement may order Changes in the Work consisting of additions, deletions, or modifications, the Contract Sum and the Contract Time being adjusted accordingly. All such Changes in the Work shall be authorized by written change order provided by Contractor and signed by the Owner prior to commencement of the Work described in the change order.

3.3 Verbal Changes to the Work may be acceptable under limited circumstances. With acceptance of such changes by Contractor, Owner also accepts responsibility for any additional costs and time required to complete such changes. A written change order must follow within 5 days of a verbal change, and the Contractor will provide an approximate cost for such changes at that time.

3.4 Owner agrees to pay for extras or changes, and similarly shall receive a credit for any extras or

Pho Address: PO Box 3661 Cottonwood AZ 86326 Fax: Website: http://candbhomes.com/ DocuSign Envelope ID: DF5C16D3-B7EF-45AC-979F-A60B8B23339B

Residential License B-039973

Commercial License B1-115300 changes, agreed to after the date of this Contract Agreement. All such revised cost items shall be calculated at Contractor cost plus 15%.

3.5 If a change is made by the Owner that requires (an) item(s) to be returned, and the item(s) is/are not able to be returned, the item(s) will be charged as an extra and will belong to the Owner. Restocking fees, if any, will be paid by the Owner.

ARTICLE 4. Progress Payments

The Owner shall make progress payments on account of the Contract Sum to the Contractor per the following schedule: 10% deposit upon execution of this Contract Agreement, 20% on completion of slab, 20% on completion of structural framing, 20% on completion of Combo (electrical, plumbing, HVAC, and top out), 20% on completion of drywall and stucco, and 10% on issuance of the Certificate of Occupancy. Extras and change orders shall be settled separately in addition to the base price, as those changes are agreed upon, and/or by the end of the job.

ARTICLE 5. Enumeration of Contract Documents

The Contract Documents shall include this Contract, the county-approved building plans with written markups as agreed to by the parties (incorporated by this reference), change orders, and the following documents attached hereto: the Specification Sheet, the Upgrades List, and the Utilities Addendum.

ARTICLE 6. Owner’s Obligations

6.1 The Owner shall furnish Contractor all surveys of the Building Site.

6.2 The Owner shall secure and pay for easements for permanent structures or permanent changes to existing facilities.

6.3 The Owner shall secure and pay for all required permits and any fees required for utility hookups.

6.4 The Owner shall separately arrange and pay for permanent fencing at the Building Site.

6.5 The Owner shall separately pay for and arrange for installation of a hot tub and fire pit.

ARTICLE 7. Contractor’s Obligations

7.1 The Contractor shall supervise and direct the Work in a substantial and workmanlike manner, using reasonable care, safety, skill and attention. The Contractor shall be responsible for sequences and procedures and for coordinating all portions of the Work under the Contract Documents, except as to Subcontractors selected by Owner as provided in Article 8.2 below. The Contractor shall also be responsible to meet all statutes and regulations that establish jobsite safety requirements under Arizona state law.

Phon Address: PO Box 3661 Cottonwood AZ 86326 Fax: 8 Website: http://candbhomes.com/ DocuSign Envelope ID: DF5C16D3-B7EF-45AC-979F-A60B8B23339B

Residential License B-039973

Commercial License B1-115300 7.2 Unless otherwise specifically provided herein, the Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, transportation, and other facilities and services, including temporary electricity for construction, necessary for the proper execution and completion of the Work.

7.3 The Contractor shall pay all sales, consumer, use and other similar taxes required by law and all fees and licenses necessary for the execution of the Work.

7.4 The Contractor shall complete the Work in accordance with Owner-approved samples and the county-approved building plans with written markups as agreed to by the parties, any change orders, and in accordance with the Contractor’s standard practices.

7.5 Any materials specified in the Specification Sheet or the approved building plans that the Contractor is unable to obtain may be substituted at the discretion of the Contractor, after consultation with the Owners and any difference(s) in cost will be adjusted at the time of the final statement, such payments being in addition to or deduction from any amount owing.

7.6 The Contractor shall keep the Building Site reasonably free from accumulation of waste materials or rubbish caused by his operations on an ongoing basis as the Work proceeds. At the completion of the Work, he shall remove all waste materials and rubbish from and about the Building Site, as well as his tools, construction equipment, machinery and surplus materials, and shall clean all glass surfaces and shall leave the Building Site “broom clean” or its equivalent, except as specified by Owner.

ARTICLE 8. Subcontractors

8.1 A Subcontractor is a person who has a direct contract with the Contractor to perform any of the Work at the Building Site.

8.2 Unless otherwise agreed to in writing, the Contractor shall be responsible for hiring and paying all Subcontractors required to complete the Work and shall be responsible for the conduct and work performed by such Subcontractors. The Contractor shall not be required to employ any Subcontractor selected by Owner to whom he has a reasonable objection. The Contractor shall have written subcontracts consistent with the terms of this Contract Agreement with all Subcontractors he retains.

8.3 Any Subcontractor selected by the Owner and approved by Contractor but not normally used by the Contractor will be the responsibility of the Owner and any performance issues will be handled directly between the Owner and such Subcontractor.

ARTICLE 9. Inspection and Correction of the Work

Owner shall at all times have the right to periodically inspect the Work. Subject to Article 8.3 above, in the event the Owner reasonably determines that any portion of the Work was not completed in accordance with the Contract Documents, Owner shall have the right to require correction of the Work by Contractor.

Phon Address: PO Box 3661 Cottonwood AZ 86326 Fax: Website: http://candbhomes.com/ DocuSign Envelope ID: DF5C16D3-B7EF-45AC-979F-A60B8B23339B

Residential License B-039973

Commercial License B1-115300 ARTICLE 10. Contractor’s Insurance

Before commencing the Work, the Contractor and each Subcontractor shall procure, at their own expense, the following insurance:

10.1 Comprehensive general liability insurance in occurrence form with limits of not less than $1,000,000 per occurrence, including coverage for products, completed operations, contractual liability and broad form property damage.

10.2 Workers compensation insurance in statutory form.

Certificates of insurance reflecting such insurance shall be maintained on file by Contractor and made available to Owner upon request. All such insurance shall name Owner as additional insured, remain in force for as long as may be required to protect Owner, and require that written notice be provided to Owner 30 days in advance in the event the insurance is cancelled prior to its expiration date. Such insurance shall also specify that, in the event any damage to the Work is caused by Contractor or any Subcontractors, the Contractor’s or Subcontractor’s insurance shall operate as the primary insurance and Owner’s insurance shall be secondary.

ARTICLE 11. Owner’s Insurance

Owner shall be responsible for purchasing and maintaining their own liability insurance and, at their option, may maintain such insurance as will protect Owner against any claims which may arise from operations under this Contract Agreement.

ARTICLE 12. Property Insurance

12.1 Owner shall purchase and maintain property insurance upon the entire Work at the Building Site to the full insurable value thereof while the Work is in progress.

12.2 Owner and Contractor waive all rights against each other for damages caused by fire and other perils prior to completion of the Work to the extent covered by insurance required under this Article, except to the extent wholly caused by acts or omissions of the Contractor or its retained Subcontractors.

ARTICLE 13. Suspension or Termination by Contractor

If Owner fails to make a payment after payment is due to the Contractor as required under Article 4, Contractor may suspend its performance under this Contract Agreement pursuant to the provisions of ARS § 32-1129.04, after providing Owner written notice of its intended suspension. In the event Owner does not make the payment due within seven (7) days of receipt of such written notice, Contractor may terminate this Contract Agreement and recover from Owner payment for all materials, equipment, tools and construction equipment and machinery, including reasonable profit and related expenses, for Work completed as of the date of termination.

Pho Address: PO Box 3661 Cottonwood AZ 86326 Fax: Website: http://candbhomes.com/ DocuSign Envelope ID: DF5C16D3-B7EF-45AC-979F-A60B8B23339B

Residential License B-039973

Commercial License B1-115300 ARTICLE 14. Termination by Owner

If Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents or fails to perform any provision of the Contract Documents, Owner, after seven (7) days written notice to Contractor and without prejudice to any other remedy they may have, may terminate this Contract Agreement and may finish the Work by whatever method they may deem expedient.

ARTICLE 15. Miscellaneous Provisions

15.1 This Contract Agreement, including all incorporated Contract Documents, is the entire agreement between the parties with respect to the subject matter hereto and supersedes any prior agreements between the parties with respect thereto. No alterations, modifications, or interpretation hereof shall be binding unless in writing signed by both parties.

15.2 It is expressly understood that, in the event of a dispute, mediation will be the preferred avenue for resolution. Only after exhausting that avenue shall actual litigation be invoked.

15.3 Should any litigation be commenced between the parties concerning any provision hereof, the prevailing party, in addition to any other relief as may be granted, shall be entitled to a reasonable sum for their attorney’s fees, expenses and related costs.

15.4 Under Arizona law it is required that contractors file a 20 Day Preliminary Lien Notice with the county recorder’s office. Owner may receive a copy by mail during the course of construction. This notice in no way reflects upon the ability of Contractor to perform the Work. Nor does it reflect upon the relationship between Contractor and Owner.

ARTICLE 16. Special Notes

16.2 All stucco and concrete cracks. Contractor will use materials and methods to minimize cracking, but some cracking will occur. Stucco and concrete will meet local codes and the AZ Registrar’s Workmanship Standards. Owner’s initial: __________.

_____________________________________________ Contractor

1/14/2021 _____________________________________________ Owner

1/13/2021 _____________________________________________ Owner

Pho Address: PO Box 3661 Cottonwood AZ 86326 Fax: Website: http://candbhomes.com/ April 5th 2022

RE: 1880 Buena Vista Dr. Petrie Residence Mingus Mountain Real Estate

Commission Calculations

House Base Price______________________________________________$350,945.68

Solar Power System_____________________________________________($9,900.00)

Commissionable Amount________________________________________$341,045.68

Commission____________________________________________________$17,134.83

Total Commission Due___________________________________________$17,134.83

*Payable at Completion of House Construction (928) 445-7642 1102 Willow Creek Road Estimate Prescott, AZ 86301 Date Estimate #

1/5/2022 47113

Name / Address

C & B CONSTRUCTION PO Box 3661 Cottonwood AZ 86326 928-634-8453/928-634-8130 FAX

P.O. No. Terms Due Date Rep

PETRIE PAY IN ADVANCE 1/5/2022 Asya

Description Qty Unit Price Total

***MASTER*** (#11 WHITE WITH WHITE SHINY) 72" SINGLE BOWL TOP W/W WITH MOLDED RECTANGLE SINK AND 1 490.09 490.09 DRIPLESS EDGE ....INSTALL CHARGE 1 82.80 82.80 36" X 60" STANDARD SHOWER PAN 1 874.00 874.00 ...STANDARD SHOWER PAN INSTALL 1 78.85 78.85 132" X 84" SHOWER SURROUND 1 1,058.75 1,058.75 ...INSTALLATION 1 365.75 365.75 LARGE SHAMPOO/SOAP DISH COMBINATION 1 80.00 80.00 ...INSTALLATION 1 13.25 13.25

***BATH 2*** (BLUE EYES SHINY) 52" SINGLE BOWL TOP WITH 3/4" FLAT POLISH EDGE 1 299.16 299.16 EDS2115SQ 18-5/8" X 12-11/16" MILFORD WHITE UNDER MOUNT 1 125.00 125.00 RECTANGLE SINK ..... INSTALLATION 1 65.00 65.00 98" X 4" LOOSE SPLASHES 1 98.28 98.28 ..... INSTALLATION 1 14.34 14.34

***POWDER*** (#11 WHITE W/ WHITE SHINY) 36" SINGLE BOWL TOP WITH MOLDED RECTANGLE SINK AND DRIPLESS 1 311.17 311.17 EDGE ...INSTALLATION 1 41.40 41.40 3,997.84 Contractor's Discount 20% -20.00% -799.57 3,198.27 TRIP CHARGE 1 200.00 200.00

HG-I 3/8" HEAVY NIAGARA RAIN GLASS SHOWER DOOR WITH INLINE 1 1,914.52 1,914.52 PANEL - BRUSHED NICKEL HINGES, U CHANNEL AND 8" BACK TO BACK PULL - 60" W X 80" H WITH 28" DOOR ....INSTALLATION 1 275.00 275.00 TRIP CHARGE 1 200.00 200.00

Subtotal

(7.0525%)

Total

Signature

Phone # Fax # E-mail Web Site

Page 1 Received 8/23/23, 8:37 AM 08/22/2023 State of Arizona Mail - Written Answer to Citation and Complaint Case No. 2023-04189 ROC Legal

Answers - AZROC <[email redacted]>

Written Answer to Citation and Complaint Case No. 2023-04189 message

Chrissy Milner <[email redacted]> Tue, Aug 22, 2023 at 11:44 AM To: [email redacted]

Good Afternoon,

C & B Custom Homes Inc. has made multiple attempts to address the stucco complaint with our stucco subcontractor, I have attached our several communications with him via email and text messages to this email. We are told that he is due to complete this work this week ending August 25th.

Because of this subcontractors poor communication and lack of action leading up to this point, we have filed a formal complaint against them with you, the number is ROC Complaint 2023-09210.

We are taking this complaint very seriously, but we are having a difficult time with the subcontractor. He has claimed both financial problems as well as weather delays. We came to an agreement with him, to both aid him financially and to help this issue get resolved for the Petrie's, involving us purchasing a list of materials that he provided and him doing the labor beginning Friday, August 18th.

-- Chrissy Milner Office Manager C & B Custom Homes Inc.

https://mail.google.com/mail/b/AEoRXRSfYUfRfu7stD03jlXDDuwO1A3xcYubqg-yk926yfT0VhDk/u/0/?ik=581c53cf5c&view=pt&search=all&permthid=t… 1/3 Received 8/23/23, 8:37 AM 08/22/2023 State of Arizona Mail - Written Answer to Citation and Complaint Case No. 2023-04189 ROC Legal

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https://mail.google.com/mail/b/AEoRXRSfYUfRfu7stD03jlXDDuwO1A3xcYubqg-yk926yfT0VhDk/u/0/?ik=581c53cf5c&view=pt&search=all&permthid=t… 2/3 Received 8/23/23, 8:37 AM 08/22/2023 State of Arizona Mail - Written Answer to Citation and Complaint Case No. 2023-04189 ROC Legal

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https://mail.google.com/mail/b/AEoRXRSfYUfRfu7stD03jlXDDuwO1A3xcYubqg-yk926yfT0VhDk/u/0/?ik=581c53cf5c&view=pt&search=all&permthid=t… 3/3 Received 8/22/23, 11:38 AM Gmail - Petrie Stucco Repair 08/22/2023 ROC Legal

Christina Spannagel <[email redacted]>

Petrie Stucco Repair messages

Chrissy Milner <[email redacted]> Mon, Aug 14, 2023 at 1:30 PM To: [email redacted] Cc: Travis Schlup <[email redacted]>, Chris Spannagel <[email redacted]>

Good Afternoon Tim,

Can you please send us the list of materials needed for you to do this repair?

Thank you,

-- Chrissy Milner Office Manager C & B Custom Homes Inc. 928-202-1864

Tim Stewart <[email redacted]> Mon, Aug 14, 2023 at 2:31 PM To: Chrissy Milner <[email redacted]> Cc: Travis Schlup <[email redacted]>, Chris Spannagel <[email redacted]>

Yes, I will. [Quoted text hidden]

Travis Schlup <[email redacted]> Mon, Aug 14, 2023 at 2:32 PM To: Tim Stewart <[email redacted]> Cc: Chris Spannagel <[email redacted]>, Chrissy Milner <[email redacted]>

Thank you. [Quoted text hidden]

Chrissy Milner <[email redacted]> Mon, Aug 14, 2023 at 2:33 PM To: Travis Schlup <[email redacted]> Cc: Tim Stewart <[email redacted]>, Chris Spannagel <[email redacted]>

Thank you for your response, Tim. When can we expect to receive this list? [Quoted text hidden]

Tim Stewart <[email redacted]> Mon, Aug 14, 2023 at 3:46 PM To: Chrissy Milner <[email redacted]>

Can you have travis call me [Quoted text hidden]

Chrissy Milner <[email redacted]> Tue, Aug 15, 2023 at 8:02 AM To: Travis Schlup <[email redacted]>

[Quoted text hidden]

https://mail.google.com/mail/u/0/?ik=d7ed865b6e&view=pt&search=all&permthid=thread-a:r-[number redacted]&simpl=msg-a:r20697587232332… 1/2 Received 8/22/23, 11:38 AM Gmail - Petrie Stucco Repair 08/22/2023 Chrissy Milner <[email redacted]> Wed, Aug ROC Legal 16, 2023 at 9:19 AM To: Travis Schlup <[email redacted]> Cc: Tim Stewart <[email redacted]>, Chris Spannagel <[email redacted]>

Hi Tim,

Travis got the materials ordered per your phone call. He also advised me that you are planning to start the work on Monday the 21st of August. I want to confirm that so I can let the ROC know.

Thank you, [Quoted text hidden]

https://mail.google.com/mail/u/0/?ik=d7ed865b6e&view=pt&search=all&permthid=thread-a:r-[number redacted]&simpl=msg-a:r20697587232332… 2/2 Received 08/22/2023 ROC Legal Received 08/22/2023 ROC Legal Received 08/22/2023 ROC Legal Received 08/22/2023 ROC Legal Received 08/22/2023 ROC Legal Received 08/22/2023 ROC Legal Katie Hobbs, Governor Martín Quezada, Director

Complainant: Debra Petrie 1880 Buena Vista Drive Clarkdale, AZ 86324

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: C & B Custom Homes Inc DBA: PO Box 3661 Cottonwood, AZ 86326-2603

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 13, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-04189

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for April 28, 2023 at 12:00 PM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

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, Brandon Smith Brandon Smith, Investigator (520) 628-5021 [email redacted] 1700 W Washington St, Suite 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

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

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

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 Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Mediation Notice

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

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

v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.

REQUEST

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

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

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

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

_____________________________________ _______________________ Respondent (or representative) Date

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

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

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

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

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

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

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

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

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

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

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

Exhibit Exhibit Name

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

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

Print Name Signature Date

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