2023A-04925-CHC-ROC Notice of Hearing and Packet MAILED

2023A-04925-CHC-ROC · Registrar of Contractors · 2024-01-16

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Dominic Scrivner , Case No. 2023-04925 Docket No. 2023A-04925-CHC-ROC COMPLAINANT, NOTICE OF HEARING ON v. CONTESTED CASE Golden Heritage Construction LLC License No. ROC 301432,

RESPONDENT.

This Notice of Hearing is issued under A.R.S. § 41-1092.05(D). HEARING INFORMATION The hearing is set for: February 29, 2024 1:00 PM Sondra Vanella Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

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

You must attend this hearing. This is an adversarial hearing before an administrative law judge, and is conducted in a similar manner as judicial proceedings. Thus, you must be prepared to present evidence, including witness testimony and documents, in support of your case.

STATEMENT OF LEGAL AUTHORITY AND JURISDICTION The State of Arizona has determined that the licensing and regulation of construction contractors is a proper state function, and has vested authority in the Registrar of Contractors

to administer Title 32, Chapter 10 of the Arizona Revised Statutes. A.R.S. §§ 32-1101 et seq.

All hearings for alleged violations of Title 32, Chapter 10 are conducted under Title 41,

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

The statutes and rules governing the hearing can be found at: Arizona Revised Statutes §§ 41-1092 to -1092.12, and Arizona Administrative Code R2-19-101 to -122. PARTICULAR ARIZONA STATUTES AND RULES INVOLVED The statutes and rules the Respondent is alleged to have violated are cited in the complaint and citation, which were served on the Respondent on December 5, 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)(2)(a)

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

Charge 2: A.R.S. § 32-1154(A)(22)

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

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

be a party to the hearing.

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

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

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

1156(B).

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

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

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

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

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

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

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

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

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

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

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

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

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

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

party will use at the hearing. A party’s failure to timely disclose any witness or exhibit, without good cause, may result in the administrative law judge excluding those witnesses or exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is available on the Registrar’s website at https://roc.az.gov/forms/RC-L-800A%20- %20Prehearing%20Disclosure%20Statement%2020191007v4.pdf

CHANGING THE HEARING DATE The date of the hearing may only be advanced or delayed on the agreement of the

parties or on a showing of good cause. A.R.S. § 41-1092.05(C). The date of the hearing may

be changed by filing a written agreement of the parties to change the date of the hearing. The

written agreement must be filed with the Office of Administrative Hearings, directed to the

assigned Administrative Law Judge, and transmitted to the Registrar and all other parties. The

assigned Administrative Law Judge may be found on the Office of Administrative Hearings’ web portal at www.azoah.com If a party would like to move the date of the hearing without agreement of all parties, the party must file a written motion with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmit a copy to the Registrar and all other parties.

The motion must state in detail good cause for why the date of the hearing should be advanced or delayed, and the position of all other parties regarding the advancement or delay. A party may also file a motion asserting a right to an expedited hearing upon a showing of extraordinary circumstances or the possibility of irreparable harm. A.R.S. § 41-1092.05(E).

RESOLUTION SHORT OF ADJUDICATION In any case which is resolved or settled by the parties, or which is withdrawn by the Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of the resolution or settlement. Any such cases will be listed on the Registrar’s website and its records under the category: “Closed Complaints – Resolved/Settled/Withdrawn.” Dated January 16, 2024.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail January 16, 2024 to: Respondent(s) Golden Heritage Construction LLC 16816 E Parkview Ave Fountain Hills, AZ 85268

Kathleen D. Fox Esq. 7537 E. McDonald Dr. Scottsdale, AZ 85250-6062

Complainant(s) Dominic Scrivner 14699 E Paradise Dr. Fountain Hills, AZ 85268

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. 2023-04925 /

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: Dominic Scrivner 14699 e paradise dr fountain hills, AZ 85268

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: Golden Heritage Construction LLC 16816 E Parkview Ave Fountain Hills, AZ 85268

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

May 10, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-04925

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for June 2, 2023 at 11:00 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, 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 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 Complainant: Dominic Scrivner 14699 E Paradise Dr Fountain Hills, AZ 85268

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 04/21 Respondent: Golden Heritage Construction LLC 16816 E Parkview Ave Fountain Hills, AZ 85268

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 04/21 July 13, 2023

Re: Complaint No. 2023-04925

Dear Complainant and Respondent:

After the initial filing of the complaint 2023-04925, the Complainant filed the attached amended complaint containing additional complaint items.

A jobsite inspection is scheduled July 31, 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 amended complaint items 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 the amended complaint items. 2. The Registrar may also be precluded from taking further action on the amended complaint items, if the work that is the subject of the amended 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. Additionally, please secure any animals.

RESPONDENT: 1. Enclosed is a copy of the amended complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity 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 amended 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.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 04/21 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.

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 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 C007 04/21 1- Great room, grout caulk missing grout at track (visible when door is in open position) 2- Office, chip in tile (have Lux Group grout) 3- Exterior - rear yard, Touchup wrought iron connections to CMU/stucco wall at both sides of home backyard. 4- Exterior - pool corral, Touchup second gate at AC in pool corral TNG splitting and Iron needs to be wiped down. 5- Great room, adjust iron trim at sliding door (still out of plumb and rubbing) - added 07.18.22 6- Great room, connect door automation with Savant, (added 07.18.22) - Cyber to explore. 7- Exterior - rear yard (west), Paint touch up exposed stucco on lower retaining wall, inside corner from master patio, visible at about 36 inches above grade. 8- Exterior - rear yard (west), Paint touch up exposed stucco on lower retaining wall, outside corner of near fire pit. 9- Exterior - rear yard (west), Paint touch up stucco repairs negative edge trough. 10- Exterior - rear yard (west), Touch up paint at stucco finish where retaining wall meet finished grade at south west corner of rear yard, between fencing and retaining wall. 11- Exterior - side yard (south, Touch up paint on stucco at south perimeter retaining wall, third step from the right has paint streaks from finish grade up to step. 12- Exterior, fill & stain at entry tower window and ceiling T&G. 13- Exterior, Paint at block wall connection to house at left gate. 14- Exterior, Touch up all T&G at rear patio, need more stain. 15- Exterior, Covered entry stain touch ups at T&G, stain window, paint can trims. 16- Exterior - pool corral, paint line sets into home at left HVAC corral. 17- Exterior - rear patio, Touch up stucco around back patio speakers 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 04/21 especially on the right one looking at back of home touchup excessive grout around exterior windows and rear p 18- Exterior, Touch up lidline at all rear patios will likely have to cock where grout from Stone meets drywall. 19- Exterior - rear yard (west), Remove exposed rebar at negative edge trough on North Edge. 20- Exterior, stucco chips at south driveway wall. 21- Exterior, Clean stucco debris off of HVAC and pool equipment throughout exterior. 22- Exterior, Touch up Stucco) at right of largest slider that stucco return into home some stucco debris on the travertine throughout the patio. 23- Exterior, Remove stucco debris from weatherproof outlets throughout. 24- great room, Touch up chipped stone veneer at right side of fireplace where it meets the drywall, above HVAC grill (gray spot). 25- Exterior, grout at exterior stone near roof scupper and fascia above bedroom #2. 26- Garage, double garage door makes thumping noise when opening. 27- Pool bath, Install door stop at exterior door. 28- Bath 3, Install missing pin for door lock at main bathroom door. 29- Interior general, install window screens - need to be stained. 30- great room, Install missing door catches top of great room sliding door, every other door (Andersen has these on order). 31- Great room, replace panel for pocket door (bent). 32- Great room, adjust door automation (gets stuck when opening and closing, slow at certain points). 33- Great room, install missing "catch" at top of first door. 34- Great room, confirm track and door are level (seems to get caught when closing). 35- Great room, sliding doors rubbing on door stop. 36- Dining room, weather stripping gets stuck on sliding door (when 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 04/21 opened halfway). 37- Bed 4, Replace Q-lon on sliding door, peeling/flaking

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 04/21 Jobsite Inspection Notes

Case No.: 2023-04925 Investigator: Robert Di Alto Inspection Date: June 2, 2023 Inspection Time: 11:00 AM

Complainant: Dominic Scrivner Respondent: Golden Heritage Not Present: Construction LLC 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-720. JSI photos and audio have been placed into the ROC complaint file. Anthony Rotta was present for the Respondent at the Jobsite Inspection.

Complaint Item: 1- Outdoor grill missing hood and vent through roof. Investigator’s Observation: Verified. Vent hood and/or venting was not installed at the described location. I reviewed the submitted and approved plans and specifications, and on Sheet 7 Floor Plan calls for a “Built in Barbecue with Exhaust Vent”. Additionally Sheet 14 Electrical Plan calls for a single pole switch to Exhaust Vent. Respondent shall complete project per plans, specifications, contract agreement, properly executed change orders, verbal agreements, and local building codes and manufacturer’s installation instructions, and 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: 2-240 power line ran too close to low voltage causing a humming noise throughout the house. Investigator’s Observation: Unverified. The Complainant was not able to duplicate the complaint item at the time of this jobsite inspection. The Respondent stated they had installed a power chord with lifted ground to correct the complaint item. No further action required by the Respondent. Governing Rule: N/A

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

issues and that he would work with Andersen and the Complainant to get the issue resolved. The complaint item does not meet professional industry standards. 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: 4- Sliding doors have an open space between frame and pocket - dangerous when closing. Investigator’s Observation: Verified. There is a visible gap at the described location. The Respondent stated that materials were ordered and that the complaint item would be addressed once materials were received. . The complaint item does not meet professional industry standards. 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: 5- Light switches behind doors. Investigator’s Observation: Verified. I observed wall light switched that were behind doors located in the master walk in closet. The plans and specifications, Sheet 14 Electrical Plan call for a 3 way switch at the right of the active door at the entrance to the master walk in closet. Respondent shall complete project per plans, specifications, contract agreement, properly executed change orders, verbal agreements, and local building codes and manufacturer’s installation instructions, and 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: 6- Electronics do not work periodically Investigator’s Observation: Verified. The audio at the dual TV’s in the Great Room was not functional at the time of this jobsite inspection. The Complainant has provided multiple video of electronics malfunctioning and evidence of large sheathed conductors that run parallel with bundled low voltage/communications cabling that may be causing EMI (electromagnetic interference). The Respondent has been working with the AV/Home Automation Subcontractor to diagnose and mitigate this complaint item. The Respondent shall correct the complaint item 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: 7- GFI outdoor not resetting. Investigator’s Observation: Verified. One of the GFCI was not functional at the time of this inspection. The Respondent acknowledged that the complaint item would not reset. 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: 8- Punch list incomplete. Investigator’s Observation: Verified. Both Parties agreed that there were items that 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

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

needed to be completed or fixed that were included in the punch list. I advised all parties that if the items were not in the complaint an addendum would have to be filed and that I would amend the complaint and reschedule and Addendum Jobsite Inspection at a later date. No further action required at this time. Governing Rule: N/A

ADDENDUM COMPLAINT ITEMS

Complaint Item: 1a- Great room, grout caulk missing grout at track (visible when door is in open position) Investigator’s Observation: Unverified. Complaint item had been completed/corrected prior to this JSI. No further action required by the Respondent. Governing Rule: N/A

Complaint Item: 2a- Office, chip in tile (have Lux Group grout) Investigator’s Observation: Unverified. Complaint item had been completed/corrected prior to this JSI. No further action required by the Respondent. Governing Rule: N/A

Complaint Item: 3a- Exterior - rear yard, Touchup wrought iron connections to CMU/stucco wall at both sides of home backyard. Investigator’s Observation: Unverified. Complaint item had been completed/corrected prior to this JSI. No further action required by the Respondent. Governing Rule: N/A

Complaint Item: 4a- Exterior - pool corral, Touchup second gate at AC in pool corral TNG splitting and Iron needs to be wiped down. Investigator’s Observation: Unverified. Complaint item had been completed/corrected prior to this JSI. No further action required by the Respondent. Governing Rule: N/A

Complaint Item: 5a- Great room, adjust iron trim at sliding door (still out of plumb and rubbing) - added 07.18.22 Investigator’s Observation: Verified. The Respondent agreed to address the complaint item. Respondent stated that the replacement parts are ordered and that they would be having their subcontractor installing replacement items upon receipt of them. 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: 6a- Great room, connect door automation with Savant, (added 07.18.22) - Cyber to explore. Investigator’s Observation: Unverified. The Respondent stated that they have attempted integrate the patio door operation with the home automation system and were unsuccessful. The Respondent returned the amount charged for the service to the

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. No further action required by the Respondent. Governing Rule: N/A

Complaint Item: 7a- Exterior - rear yard (west), Paint touch up exposed stucco on lower retaining wall, outside corner of near fire pit. Investigator’s Observation: Verified. Complainant and Respondent agreed that there are area where the paint stucco need to be addressed and touched up (7a thru 10a). 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: 8a- Exterior - rear yard (west), Paint touch up exposed stucco on lower retaining wall, outside corner of near fire pit. Investigator’s Observation: Verified. Complainant and Respondent agreed that there are area where the paint stucco need to be addressed and touched up. 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: 9a- Exterior - rear yard (west), Paint touch up stucco repairs negative edge trough. Investigator’s Observation: Verified. Complainant and Respondent agreed that there are area where the paint stucco need to be addressed and touched up. 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: 10a- Exterior - rear yard (west), Touch up paint at stucco finish where retaining wall meet finished grade at south west corner of rear yard, between fencing and retaining wall. Investigator’s Observation: Verified. Complainant and Respondent agreed that there are area where the paint stucco need to be addressed and touched up. 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: 11a- Exterior - side yard (south, Touch up paint on stucco at south perimeter retaining wall, third step from the right has paint streaks from finish grade up to step. Investigator’s Observation Unverified. No evidence to prove complaint item constitutes poor work due to the complaint item being corrected prior to the JSI. No further action required by the Respondent. Governing Rule: N/A

Complaint Item: 12a- Exterior, fill & stain at entry tower window and ceiling T&G.

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: Unverified. No evidence to prove complaint item constitutes poor work due to the complaint item being corrected prior to the JSI. No further action required by the Respondent. Governing Rule: N/A

Complaint Item: 13a- Exterior, Paint at block wall connection to house at left gate. Investigator’s Observation: Unverified. No evidence to prove complaint item constitutes poor work due to the complaint item being corrected prior to the JSI. No further action required by the Respondent. Governing Rule: N/A

Complaint Item: 14a- Exterior, Touch up all T&G at rear patio, need more stain. Investigator’s Observation: Verified. I observed areas at the rear patio T & G that were corrected by the Respondent. The Complainant also stated that he was referring to the timbers at the patio where stain appears to be deteriorating/missing. Complainant stated that only one coat had been applied. The complaint item does not meet ROC standards. Finishes on interior woodwork should not deteriorate during the first year of ownership. However, varnish type finishes used on exterior will deteriorate rapidly. The contractor should correct or repair deteriorating finish one time during the first year of occupancy. The Respondent shall correct buy the appropriate means, where this condition exists. 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: 15a- Exterior, Covered entry stain touch ups at T&G, stain window, paint can trims. Investigator’s Observation: Unverified. I was not able to identify deficiencies at the described location. This complaint item may be a duplicate of complaint item#12. No further action required by the Respondent. Governing Rule: N/A

Complaint Item: 16a- Exterior - pool corral, paint line sets into home at left HVAC corral. Investigator’s Observation: Unverified. No evidence to prove complaint item constitutes poor work due to the complaint item being corrected prior to the JSI. No further action required by the Respondent. Governing Rule: N/A

However I did not see areas exhibiting excessive grout around exterior windows and rear patio. No further action required by the Respondent on this part of complaint item#17a 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

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

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: 18a- Exterior, Touch up lidline at all rear patios will likely have to caulk where grout from Stone meets drywall. Investigator’s Observation: Verified. I observed areas that exhibited some slight void/separation. Interior and exterior caulking (excluding roofing sealant) are considered owner maintenance items after the first year of occupancy. Complainant move in date was 04/14/2023. 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: 19a- Exterior - rear yard (west), Remove exposed rebar at negative edge trough on North Edge. Investigator’s Observation: Unverified. No evidence to prove complaint item constitutes poor work due to the complaint item being corrected prior to the JSI. No further action required by the Respondent. Governing Rule: N/A

Complaint Item: 20a- Exterior, stucco chips at south driveway wall. Investigator’s Observation: Unverified. No evidence to prove complaint item constitutes poor work due to the complaint item being corrected prior to the JSI. No further action required by the Respondent. Governing Rule: N/A

Complaint Item: 21a- Exterior, Clean stucco debris off of HVAC and pool equipment throughout exterior. Investigator’s Observation: Unverified. No evidence to prove complaint item constitutes poor work due to the complaint item being corrected by the Complainant prior to the JSI. No further action required by the Respondent. Governing Rule: N/A

Complaint Item: 22a- Exterior, Touch up Stucco at right of largest slider that stucco return into home some stucco debris on the travertine throughout the patio. Investigator’s Observation: Unverified. No evidence to prove complaint item constitutes poor work due to the complaint item being corrected prior to the JSI. No further action required by the Respondent. Governing Rule: N/A

Complaint Item: 23a- Exterior, Remove stucco debris from weatherproof outlets throughout. Investigator’s Observation: Unverified. No evidence to prove complaint item constitutes poor work due to the complaint item being corrected by the Complainant prior to the JSI. 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 RCC100 08/19

Complaint Item: 24a- Great room, Touch up chipped stone veneer at right side of fireplace where it meets the drywall, above HVAC grill (gray spot). Investigator’s Observation: Verified. I observed a quarter to half dollar size chip out of the corner of a stone veneer at the top right of the fireplace. The Respondent acknowledged and stated he would repair. 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: 25a- Exterior, grout at exterior stone near roof scupper and fascia above bedroom #2. Investigator’s Observation: Unverified. No evidence to prove complaint item constitutes poor work due to the complaint item being corrected prior to the JSI. No further action required by the Respondent. Governing Rule: N/A

However while attempting to open the garage door the door would not stall completely open and would slide down approximately 2 to 2 ½ feet from the open position. The Respondent had a tech scheduled that same day to adjust and diagnose any garage door opener related issues. The Respondent shall correct this issue 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: 27a- Pool bath, Install door stop at exterior door. Investigator’s Observation: Unverified. No evidence to prove complaint item constitutes poor work due to the complaint item being corrected during the JSI. No further action required by the Respondent. Governing Rule: N/A

Complaint Item: 28a- Bath 3, Install missing pin for door lock at main bathroom door. Investigator’s Observation: Unverified. No evidence to prove complaint item constitutes poor work due to the complaint item being corrected prior to the JSI. No further action required by the Respondent. Governing Rule: N/A

Complaint Item: 29a- Interior general, install window screens - need to be stained. Investigator’s Observation: Unverified. No evidence to prove complaint item constitutes poor work due to the complaint item being corrected prior to the JSI. 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 RCC100 08/19

Complaint Item: 30a- Great room, Install missing door catches top of great room sliding door, every other door (Andersen has these on order). Investigator’s Observation: Unverified. This complaint item appears to be a duplicate of complaint item# 33a below, or was already addressed prior to the AJSI visit. No further action required by the Respondent. Governing Rule: N/A

Complaint Item: 31a- Great room, replace panel for pocket door (bent). Investigator’s Observation: Verified. I observed the bent panel and the Respondent stated that the replacement parts are ordered and that they would be having their subcontractor installing replacement items upon receipt of them. 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: 32a- Great room, adjust door automation (gets stuck when opening and closing, slow at certain points). Investigator’s Observation: Verified. The Respondent agreed to address the complaint item at the time of replacement parts and installation. Respondent stated that the replacement parts are ordered and that they would be having their subcontractor installing replacement items upon receipt of them. 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: 33a- Great room, install missing "catch" at top of first door. Investigator’s Observation: Verified. It appear that the catch in in place but that it may be missing a cover. The Respondent agreed to address the complaint item at the time of replacement parts and installation. Respondent stated that the replacement parts are ordered and that they would be having their subcontractor installing replacement items upon receipt of them. 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: 34a- Great room, confirm track and door are level (seems to get caught when closing). Investigator’s Observation: Verified. I observed some undulation at the floor tile and the tracks for the sliders are installed directly on top of the flooring and mirror the undulation in the floor tile. The door appears to stutter when opening and mostly at midpoint when more than two panels are locked together. The Respondent agreed to adjust/address the complaint item at the time of replacement parts and installation. Respondent stated that the replacement parts are ordered and that they would be having their subcontractor installing replacement items upon receipt of them. 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

Complaint Item: 35a- Great room, sliding doors rubbing on door stop. Investigator’s Observation: Verified. As per the Respondent all items related to the Great Room sliding patio doors will be adjusted/addressed upon receipt of replacement parts. Respondent stated that the replacement parts are ordered and that they would be having their subcontractor installing replacement items upon receipt of them. 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: 36a- Dining room, weather stripping gets stuck on sliding door (when opened halfway). Investigator’s Observation: Unverified. The Complainant was not able to duplicate the complaint item at the time of the jobsite inspection. No further action required by the Respondent. Governing Rule: N/A

Complaint Item: 37a- Bed 4, Replace Q-lon on sliding door, peeling/flaking Investigator’s Observation: Unverified. The complaint item was identified and was a piece of tape or label, and was removed at the jobsite inspection. No further action required by the Respondent. Governing Rule: N/A

Complaint Item: 38a- Exterior Door splitting at raised panels, allowing water and air to leak into the interior. Investigator’s Observation: Verified. I observed large splits in the doors raised panel. They appear in the vertical glue joints and are not typical. Minor infiltration of moisture and dust is normal around doors and windows, especially during high winds and excessive rain. Excessive infiltration from improperly installed doors and windows or poorly fitted weather stripping is unacceptable. The complaint item does not meet ROC standards. 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: 39a-Excessive water and wind enter the house at the rear sliding patio doors when closed. Investigator’s Observation: Verified. I observed slight gaps between the panels when in the closed position. The Complainant provided evidence of water intrusion via cell phone video from July 2023, during a rain storm. Minor infiltration of moisture and dust is normal around doors and windows, especially during high winds and excessive rain. Excessive infiltration from improperly installed doors and windows or poorly fitted weather stripping is unacceptable. The complaint item does not meet ROC standards. 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

Complainant: Dominic Scrivner 14699 E Paradise Dr Fountain Hills, AZ 85268

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: Golden Heritage Construction LLC 16816 E Parkview Ave Fountain Hills, AZ 85268

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 October 4, 2023

License No. ROC 301432

Re:Complaint No. 2023-04925

AMENDED WRITTEN DIRECTIVE FROM THE REGISTRAR (DATE ONLY) 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 10/27/2023.

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 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:

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complaint Item: 3- Sliding doors - power not operating functionally. Investigator’s Observation: Verified. I observed some functionality issues during the jobsite inspection. The Andersen Subcontractor/Rep was onsite to attempt to resolve door issues at the time of inspection. The Respondent agreed that there were issues and that he would work with Andersen and the Complainant to get the issue resolved. The complaint item does not meet professional industry standards. 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: 5- Light switches behind doors. Investigator’s Observation: Verified. I observed wall light switched that were behind doors located in the master walk in closet. The plans and specifications, Sheet Electrical Plan call for a 3 way switch at the right of the active door at the entrance to the master walk in closet. Respondent shall complete project per plans, specifications, contract agreement, properly executed change orders, verbal agreements, and local building codes and manufacturer’s installation instructions, and 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.

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complaint Item: 7- GFI outdoor not resetting. Investigator’s Observation: Verified. One of the GFCI was not functional at the time of this inspection. The Respondent acknowledged that the complaint item would not reset. 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 C009 04/21 Complaint Item: 10a- Exterior - rear yard (west), Touch up paint at stucco finish where retaining wall meet finished grade at south west corner of rear yard, between fencing and retaining wall. Investigator’s Observation: Verified. Complainant and Respondent agreed that there are area where the paint stucco need to be addressed and touched up. 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.

However I did not see areas exhibiting excessive grout around exterior windows and rear patio. No further action required by the Respondent on this part of complaint item#17a 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 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 Complaint Item: 33a- Great room, install missing "catch" at top of first door. Investigator’s Observation: Verified. It appear that the catch in in place but that it may be missing a cover. The Respondent agreed to address the complaint item at the time of replacement parts and installation. Respondent stated that the replacement parts are ordered and that they would be having their subcontractor installing replacement items upon receipt of them. 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 C009 04/21 Complaint Item: 39a-Excessive water and wind enter the house at the rear sliding patio doors when closed. Investigator’s Observation: Verified. I observed slight gaps between the panels when in the closed position. The Complainant provided evidence of water intrusion via cell phone video from July 2023, during a rain storm. Minor infiltration of moisture and dust is normal around doors and windows, especially during high winds and excessive rain. Excessive infiltration from improperly installed doors and windows or poorly fitted weather stripping is unacceptable. The complaint item does not meet ROC standards. 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

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

Complaint Item: 8- Punch list incomplete. Investigator’s Observation: Verified. Both Parties agreed that there were items that needed to be completed or fixed that were included in the punch list. I advised all parties that if the items were not in the complaint an addendum would have to be filed and that I would amend the complaint and reschedule and Addendum Jobsite Inspection at a later date. No further action required at this time. Governing Rule: N/A

Complaint Item: 2a- Office, chip in tile (have Lux Group grout)

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Investigator’s Observation: Unverified. Complaint item had been completed/corrected prior to this JSI. No further action required by the Respondent. Governing Rule: N/A

Complaint Item: 12a- Exterior, fill & stain at entry tower window and ceiling T&G. Investigator’s Observation: Unverified. No evidence to prove complaint item constitutes poor work due to the complaint item being corrected prior to the JSI. 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 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 Complaint Item: 23a- Exterior, Remove stucco debris from weatherproof outlets throughout. Investigator’s Observation: Unverified. No evidence to prove complaint item constitutes poor work due to the complaint item being corrected by the Complainant prior to the JSI. No further action required by the Respondent. Governing Rule: N/A

Complaint Item: 36a- Dining room, weather stripping gets stuck on sliding door (when opened halfway). 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Investigator’s Observation: Unverified. The Complainant was not able to duplicate the complaint item at the time of the jobsite inspection. 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 Complainant: Dominic Scrivner 14699 E Paradise Dr Fountain Hills, AZ 85268

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: Golden Heritage Construction LLC 16816 E Parkview Ave Fountain Hills, AZ 85268

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 September 12, 2023

License No. ROC 301432

Re:Complaint No. 2023-04925

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent: