2023A-05077-CHC-ROC Notice of Hearing and Packet MAILED

2023A-05077-CHC-ROC · Registrar of Contractors · 2023-09-13

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Brian Roberson , Case No. 2023-05077 COMPLAINANT, Docket No. 2023A-05077-CHC-ROC v. NOTICE OF HEARING ON Erus Builders LLC CONTESTED CASE DBA: Erus Energy License No. ROC 305508, RESPONDENT.

This Notice of Hearing is issued under A.R.S. § 41-1092.05(D). HEARING INFORMATION The hearing is set for: October 27, 2023 9:00 AM Brian Del Vecchio 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 15, 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)(12) - A.R.S. § 32-1158 Charge: 3 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 13, 2023.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail September 13, 2023 to: Respondent(s) Erus Builders LLC DBA: Erus Energy 21402 North 7th Avenue Phoenix, AZ 85027 Complainant(s) Brian Roberson 4651 South Brandywine Drive Tucson, AZ 85730

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. 2023-05077 /

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: Brian Roberson 4651 South Brandywine Drive Tucson, AZ 85730

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: Erus Builders LLC DBA: Erus Energy 21402 North 7th Avenue Phoenix, AZ 85027

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 4, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-05077

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for June 7, 2023 at 10:30 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 Springer Mike Springer, Investigator #192 520 5089735 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

CC: Respondent Choose an item. Choose an item. Choose an item.

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

Complainant: Brian Roberson 4651 South Brandywine Drive Tucson, AZ 85730

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: Erus Builders LLC DBA: Erus Energy 21402 North 7th Avenue Phoenix, AZ 85027

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

June 8, 2023

Re: Complaint Number 2023-05077

Dear Complainant and Respondent:

Due to a conflict in scheduling of one of the parties, the jobsite inspection scheduled for June 7, 2023 at 10:30AM has been rescheduled for June 26th, 2023 at 10:30 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,

Mike Springer Mike Springer, Investigator #192 520 5089735 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

CC: Respondent Choose an item. Choose an item. Choose an item.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 Jobsite Inspection Notes

Case No.: 2023-05077 Investigator: Mike Springer Inspection Date: June 26, 2023 Inspection Time: 10:30 AM

Complainant: Brian Roberson Respondent: Erus Builders LLC Not Present: Not Present:

Jobsite General Notes: I took photos using my agency issued digital camera. The complainant/Respondent and I addressed each item of the complaint. I recorded the inspection with my agency issued voice recorder.

Complaint Item: 1 - Wrong panels not given what I was told I'd get Investigator’s Observation: Contract states Q.Peak Duo BLKMIL-G9+ panels with a 25 year warranty. Installed panels are JA Solar panels with a 12 year warranty. Panels should match contract or approved change order issued. Governing Rule: Departure from or disregard of: (b) A building code of this state or any political subdivision of this state in any material respect that is prejudicial to another.

Complaint Item: 2 - Damaged roof Investigator’s Observation: There are a few nail pops in the shingles at the ridgeline. I cant verify that the Respondent caused this. Nails should have been driven far enough to not pop through shingles. Governing Rule: N/A

Complaint Item: 3 - Panels mouths installed Improperly Investigator’s Observation: "Mouths" = Mounts. Frame mounts were

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

mounted into trusses from what I could see. Work was ongoing at time of inspection to correct other issues. Governing Rule: N/A

Complaint Item: 4 - Wires sticking out of the ground Investigator’s Observation: One wire at service is sticking out of the ground. It is an abandoned wire. Complainant stated now that he knows its a dead wire he would bury it. Governing Rule: N/A

Complaint Item: 5 - Electric panel conduit not against wall Investigator’s Observation: Corrected prior to to JSI. Governing Rule: N/A

Complaint Item: 6 - Damaged stucco ; Investigator’s Observation: This was corrected prior to JSI. Complainant states he would touch up paint in this area. Governing Rule: N/A

Complaint Item: 7 - Is insurance paid floor in purchase agreement not provided Investigator’s Observation: This is in regards to solar insurance. Contract provided states $0.00 Charged for this. This would be a financial issue, not a workmanship item. Governing Rule: N/A

Complaint Item: 8 - Panels sagging wires touching roof Investigator’s Observation: Panels were removed before JSI. I cannot verify sagging panels or wires. Wiring was being replaced at 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

Complainant: Brian Roberson 4651 South Brandywine Drive Tucson, AZ 85730

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: Erus Builders LLC DBA: Erus Energy 21402 North 7th Avenue Phoenix, AZ 85027

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 June 26, 2023

License No. ROC 305508

Re:Complaint No. 2023-05077

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 12th, 2023.

RESTRICTIONS • You may not perform or hire other contractors to perform work that is outside the scope of your license. • If your license is currently suspended for administrative reasons 1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.

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

Compliance Item: 1 - Wrong panels not given what I was told I'd get Investigator’s Observation: Contract states Q.Peak Duo BLKMIL-G9+ panels with a 25 year warranty. Installed panels are JA Solar panels with a 12 year warranty. Panels should match contract or approved change order issued. Governing Rule: Departure from or disregard of: (b) A building code of this state or any political subdivision of this state in any material respect that is prejudicial to another.

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

Compliance Item: 2 - Damaged roof Investigator’s Observation: There are a few nail pops in the shingles at the ridgeline. I cant verify that the Respondent caused this. Nails should have been driven far enough to not pop through shingles. Governing Rule: N/A

Compliance Item: 3 - Panels mouths installed Improperly Investigator’s Observation: "Mouths" = Mounts. Frame mounts were mounted into trusses from what I could see. Work was ongoing at time of inspection to correct other issues. Governing Rule: N/A

Compliance Item: 4 - Wires sticking out of the ground Investigator’s Observation: One wire at service is sticking out of the ground. It is an abandoned wire. Complainant stated now that he knows its a dead wire he would bury it. Governing Rule: N/A

Compliance Item: 5 - Electric panel conduit not against wall Investigator’s Observation: Corrected prior to to JSI. Governing Rule: N/A

Compliance Item: 6 - Damaged stucco ; Investigator’s Observation: This was corrected prior to JSI. Complainant states he would touch up paint in this area. 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 Compliance Item: 7 - Is insurance paid floor in purchase agreement not provided Investigator’s Observation: This is in regards to solar insurance. Contract provided states $0.00 Charged for this. This would be a financial issue, not a workmanship item. Governing Rule: N/A

Compliance Item: 8 - Panels sagging wires touching roof Investigator’s Observation: Panels were removed before JSI. I cannot verify sagging panels or wires. Wiring was being replaced at JSI. Governing Rule: N/A

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

Sincerely,

Mike Springer Mike Springer, Investigator #192 520 5089735 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

CC: Respondent Choose an item. Choose an item. Choose an item.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complainant: Brian Roberson 4651 South Brandywine Drive Tucson, AZ 85730

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 Respondent: Erus Builders LLC DBA: Erus Energy 21402 North 7th Avenue Phoenix, AZ 85027

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 July 27, 2023

Compliance Jobsite Inspection Notice Re: Complaint No. 2023-05077

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for August 7, 2023 at 10:30 AM to determine the current status of the items listed on the issued Directive.

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

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

Sincerely,

Mike Springer Mike Springer, Investigator #192 520 5089735 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

CC: Choose an item. Choose an item. Choose an item. Choose an item.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 Complainant: Brian Roberson 4651 South Brandywine Drive Tucson, AZ 85730

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 Respondent: Erus Builders LLC DBA: Erus Energy 21402 North 7th Avenue Phoenix, AZ 85027

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 August 4, 2023

Re: Complaint Number 2023-05077

Dear Complainant and Respondent:

Due to a conflict in scheduling of one of the parties, the jobsite inspection scheduled for August 7, 2023 at 10:30AM has been rescheduled for August 7, 2023 at 11:30 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,

Mike Springer Mike Springer, Investigator #192 520 5089735 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

CC: Choose an item. Choose an item. Choose an item. Choose an item.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 Complainant: Brian Roberson 4651 South Brandywine Drive Tucson, AZ 85730

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: Erus Builders LLC DBA: Erus Energy 21402 North 7th Avenue Phoenix, AZ 85027

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.: 2023-05077 Investigator: Mike Springer Inspection Date: August 7, 2023 Inspection Time: 11:30 AM

Compliance Findings:

Respondent states original panels were reinstalled per contract and directive. I cannot verify this. Respondent attempted to take picture from underneath but was unsuccessful. No evidence was provided to show make and model of panels. During the CJSI it was found that unused rack mounts were still on the West side of the roof and damage to the shingles where access has been. Respondent stated he would get a roofer to correct. I advised I would be citing and if items were corrected they could cancel the hearing. Camera malfunctioned while taking pictures, no pictures available.

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 Springer Mike Springer, Investigator #192 520 5089735 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

CC: Respondent Choose an item. Choose an item. Choose an item.

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

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

Brian Roberson, Case No. 2023-05077 COMPLAINANT, v. Erus Builders LLC, CITATION DBA: Erus Energy License No. ROC 305508,

RESPONDENT.

The Registrar issues this Citation to Erus Builders LLC, DBA: Erus Energy (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by August 30, 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 May 1, 2023, Brian Roberson, (“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 6

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Charge :2 A.R.S. § 32-1154(A)(12) - A.R.S. § 32-1158 Failure in any material respect to comply with this chapter; Namely A.R.S. § 32- 1158. Charge :3 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. 2023-05077.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 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] 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 30, 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 of 6

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(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 of 6

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated August 15, 2023. By: /s/ Gail Mathews Gail Mathews Legal Assistant II Legal Department Arizona Registrar of Contractors

COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, August 15, 2023 to: Respondent Certified Mail No: [number redacted] Erus Builders LLC DBA: Erus Energy 21402 North 7th Avenue Phoenix, AZ 85027 Copy mailed by USPS First Class mail this same date to:

Respondent Erus Builders LLC DBA: Erus Energy 21402 North 7th Avenue Phoenix, AZ 85027 Complainant Brian Roberson 4651 South Brandywine Drive Tucson, AZ 85730

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 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. 2023-05077

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

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

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

Brian Roberson Mailing Address (Enter jobsite in Contract/Project section) City State Zip

4651 South Brandywine Drive Tucson Arizona 85730 Phone Number Email

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

Street Address of Attorney City State Zip

Phone Number of Attorney Email of Attorney

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

Erus Builders LLC ROC 305508 Street Address City State Zip

Phone Number Email

Name of Person(s) Representing License

sam attolico Contract/Project Information Contract Date Contract Amount Amount Paid

May 9, 2022 $36,691.00 $36,691.00 Date Work Started Date Work Stopped Date Work Was Completed

April 1, 2022 April 3, 2023 April 3, 2023 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

4651 South Brandywine Drive Tucson AZ 85730 Name of Construction Site Owner Construction Site Name (if applicable)

Brian Roberson Phone Number of Construction Site Owner Email of Construction Site Owner

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

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

The contract was Both All change orders were Both This project was Residential This project involved Other Solar panels A building permit was obtained by Contractor I'm not sure Tucson 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)

Wrong panels not given what I was told I'd get ; Damaged roof ; Panels mouths installed Improperly ; Wires sticking out of the ground ; Electric panel conduit not against wall ; Damaged stucco ; Is insurance paid floor in purchase agreement not provided; Panels sagging wires touching roof

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

Brian Roberson \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 DocuSign Envelope ID: A25B1B0A-82FE-4F17-88A4-999F003E109B

Brian and Stephanie Roberson 4651 S Brandywine Dr, Tucson, AZ 85730, USA

Prepared By:

Erus Energy 21402 N 7th Ave, Phoenix, AZ 85027, USA (844)272-8336 [email redacted] DocuSign Envelope ID: A25B1B0A-82FE-4F17-88A4-999F003E109B

Brian and Stephanie Roberson 4651 S Brandywine Dr, Tucson, AZ 85730, USA

Project Overview

System Size 10.92 kW DC

Estimated First Year Production 16,882 kWh AC

Utility Bill Offset 119%

Panels Q.PEAK DUO BLK ML-G9+ Inverters IQ7PLUS-72-2-US [240V]

Array details Panel: Q.PEAK DUO BLK ML-G9+

Quantity: 18 Watts: 390 Azimuth: 270° (W) Tilt: 20° Mounting: flush

Panel: Q.PEAK DUO BLK ML-G9+

Quantity: 7 Watts: 390 Azimuth: 91° (E) Tilt: 20° Mounting: flush

Panel: Q.PEAK DUO BLK ML-G9+

Quantity: 3 Watts: 390 Azimuth: 271° (W) Tilt: 20° Mounting: flush

Erus Energy Phone: (844)272-8336 21402 N 7th Ave, Phoenix, AZ 85027, USA Email: [email redacted] DocuSign Envelope ID: A25B1B0A-82FE-4F17-88A4-999F003E109B

Brian and Stephanie Roberson 4651 S Brandywine Dr, Tucson, AZ 85730, USA

Costs & Incentives

Discounts Total Cost & Rebates Price

Base Price for Solar $36,691.00 Based on a 10.92 kW installation

State Tax Credit -$1,000.00 Residential Solar Energy Credit

Federal Tax Credit Residential Renewable Energy Tax Credit - -$9,539.66 26%

Perfect Power Box $0.00 x $0.00

Aeroseal $0.00 x $0.00

Solar Insurance $0.00 x $0.00

Cost after Rebates & Incentives* $10,539.66 received from incentives that are $36,691.00 -$10,539.66 $26,151.34 not included in the loan payments

*Note: Not everyone is eligible for credits, incentives, or rebates or can fully use them. Please consult your tax professional or legal professional for further information.** Incentives are subject to change. The actual amount can be higher or lower than what is quoted, and may not stay at a fixed rate over time. It can also change based on the tax bracket you are in.

Erus Energy Phone: (844)272-8336 21402 N 7th Ave, Phoenix, AZ 85027, USA Email: [email redacted] DocuSign Envelope ID: A25B1B0A-82FE-4F17-88A4-999F003E109B

Brian and Stephanie Roberson 4651 S Brandywine Dr, Tucson, AZ 85730, USA

Concert: 25 Years 3.99% Loan Amount $36,691.00

Loan APR 3.99%

Loan Term 25 years

Loan Payments $150.80 / month

Estimated New Utility Bill $13.00 / month

Estimated new total monthly payment $163.80 / month

The loan information on this proposal may not be an exact representation of your actual financing Loan Agreement.

Erus Energy Phone: (844)272-8336 21402 N 7th Ave, Phoenix, AZ 85027, USA Email: [email redacted] DocuSign Envelope ID: A25B1B0A-82FE-4F17-88A4-999F003E109B

Brian and Stephanie Roberson 4651 S Brandywine Dr, Tucson, AZ 85730, USA

Energy Usage Utility Bill Offset Energy (Kwh)

119%

Estimated First Year Production

16,882 kWh AC Month Production Usage

Yearly Breakdown Cost ($1,000)

Year Current Utility Bill Estimated New Utility Bill Loan Payment

Assuming a 4.00% escalation rate on utility rate

Estimated Solar Savings Over Years $84,700.57

Erus Energy Phone: (844)272-8336 21402 N 7th Ave, Phoenix, AZ 85027, USA Email: [email redacted] DocuSign Envelope ID: A25B1B0A-82FE-4F17-88A4-999F003E109B

Brian and Stephanie Roberson 4651 S Brandywine Dr, Tucson, AZ 85730, USA

Month-by-Month Details Production Grid Solar Utility Net Month Savings (AC) Usage Payment Bill Credits

January 927.3 kWh 0.0 kWh $150.80 $13.00 117.0 kWh $78.05 2022

February 1,065.2 kWh 0.0 kWh $150.80 $13.00 398.1 kWh $54.66 2022

March 2022 1,474.0 kWh 0.0 kWh $150.80 $13.00 624.6 kWh $84.49

April 2022 1,771.9 kWh 0.0 kWh $150.80 $13.00 860.4 kWh $89.64

1,571.9 May 2022 1,981.9 kWh 0.0 kWh $150.80 $13.00 $10.83 kWh

June 2022 1,910.8 kWh 0.0 kWh $150.80 $13.00 540.3 kWh $177.95

July 2022 1,667.6 kWh 0.0 kWh $150.80 $13.00 -188.0 kWh $261.72

August 2022 1,529.3 kWh 0.0 kWh $150.80 $13.00 -84.3 kWh $220.14

September 1,418.0 kWh 0.0 kWh $150.80 $13.00 -218.2 kWh $224.18 2022

October 1,297.8 kWh 0.0 kWh $150.80 $13.00 92.7 kWh $145.49 2022

November 980.4 kWh 0.0 kWh $150.80 $13.00 -108.7 kWh $126.09 2022

December 857.7 kWh 0.0 kWh $150.80 $13.00 -303.2 kWh $138.28 2022

16,881.8 3,302.63 Total 0.0 kWh $1,809.60 $156.00 $1,611.52 kWh kWh

Production and Solar Saving values shown on this chart are an Estimate. Estimated production assumes equipment is maintained and free from damage or other impediments. Estimated projected usage is based on your current utility bill.

Erus Energy Phone: (844)272-8336 21402 N 7th Ave, Phoenix, AZ 85027, USA Email: [email redacted] DocuSign Envelope ID: A25B1B0A-82FE-4F17-88A4-999F003E109B

Brian and Stephanie Roberson 4651 S Brandywine Dr, Tucson, AZ 85730, USA

Other Reasons to go Solar

Control your Energy Costs Increase the value of your property

As utility prices continue to climb you will A number of real estate studies find that enjoy predictable energy costs for years to solar is a home improvement that will come. increase the market value of your property.

Benefit your environment

32,672 12,356 Gallons of gasoline Trash bags of consumed waste recycled

4,839 319,777 Tree seedlings Pounds of coal grown for 10 burned years

Source: United States Environmental Protection Agency

Erus Energy Phone: (844)272-8336 21402 N 7th Ave, Phoenix, AZ 85027, USA Email: [email redacted] DocuSign Envelope ID: A25B1B0A-82FE-4F17-88A4-999F003E109B

Brian and Stephanie Roberson 4651 S Brandywine Dr, Tucson, AZ 85730, USA

Signature I hereby agree to move forward with the solar project as described above and agree to the Terms and Conditions below of the contract provided by the installer, Erus Energy, joined to this proposal.

2/9/2022

Brian and Stephanie Roberson Date of Signature (MM-DD-YYYY)

2/9/2022

Erus Energy Date of Signature (MM-DD-YYYY)

Erus Energy Phone: (844)272-8336 21402 N 7th Ave, Phoenix, AZ 85027, USA Email: [email redacted] DocuSign Envelope ID: A25B1B0A-82FE-4F17-88A4-999F003E109B

Brian and Stephanie Roberson 4651 S Brandywine Dr, Tucson, AZ 85730, USA

Terms & Conditions

Erus Energy Terms and Conditions

General Terms & Conditions for solar systems

Installation performed by Erus Energy:

1. Installations must be completed in accordance with all laws, codes and other requirements applicable

under federal, state and local authority (e.g. permits, inspections) The placement on your roof is an

approximately and will be finalized with a site evaluation.

2. Erus Energy will require the necessary client information to proceed with mandatory government and

State applications.

3. Erus Energy and its staff will require access to your property to proceed with initial project

assessment, construction, inspection and required maintenance. The client will be contacted prior to

Erus Energy visits, and will need to arrange property access allowing Erus Energy to fulfill its portion of

the agreement. Erus Energy will require all necessary forms filled and full client cooperation to complete

its part of the contract.

4. We recommend the client to seek the appropriate consultation concerning any tax liabilities that may

be associated with the receipt of the rebate. Federal tax credit assumes a 26% tax credit.

5. Erus Energy, its parents, subsidiaries, affiliates, officers, employees, contractors and agents: - Are not

responsible for any tax liabilities that a client may incur. As the purchaser and owner of a solar

photovoltaic system, you may qualify for certain federal, state, local or other rebates, tax credits or

incentives (collectively, “incentives”). If you have any questions as to whether and when you qualify for

any incentives and the amount of such incentives, please consult and discuss with your personal tax or

financial advisor. Erus Energy make no representation, warranty or guaranty as to the availability or

amount of such incentives.

6. Manufacturers and Product to Warranty: The Company agrees to pass any and all existing product

and manufacturer’s warranties to the Buyer(s) if applicable, which is currently a limited 25-year

performance guarantee and a limited 25-year product warranty on the PV Modules, a limited 25-year

product warranty on the micro-inverters, a 10-year or 4000 cycle warranty on Battery Storage, a 10

year product warranty on the Perfect Power Box, a 5-year limited warranty on the IQ Combiner, and a

10-year warranty on Aeroseal, from the date of purchase, a copy of which shall be provided to you and

is incorporated herein by this reference.

Erus Energy Guarantee – The Company guarantees the performance of the system as follows, 25-year

power performance guarantee based on the design of the system. This guarantee is based on an

annual basis, and the system must meet the production number on the proposal (see attatched) Please

note that all shading, and damage to the system not covered by the product warranty will be the

responsibility of the Buyer(s). DocuSign Envelope ID: A25B1B0A-82FE-4F17-88A4-999F003E109B

7. No amount of energy savings are guaranteed as a result of the purchase and installation of eligible

equipment. Monthly & Yearly Aeroseal and Perfect Power Box savings are estimates and will vary by

household. Aeroseal and the Perfect Power Box both have a potential offset of 10% each but will vary

for each home.

8. It is the responsibility of Erus Energy to ensure that all appropriate permits (e.g. local, state) have

been obtained including ensuring that Deed Restrictions or Home Owner Association Restrictions do not

prohibit the installation of the proposed PV system.

9. Federal, State, Local, Utility program guidelines and rebate levels are subject to change without

notice, and may be terminated by executive, legislative or regulatory action at any time. Utility rates are

also subject to change. Erus Energy is not held accountable for loss of rebate, income, savings or delays

resulting from such situation.

10. All payments must be made according to the scheduled agreement. Personal Check, Wire Transfer,

all major Credit/Debit Cards (only for initial deposit), and Bankers Draft are all acceptable methods of

payment. All goods remain the property of the Erus Energy until final payment has been completed.

Payments outstanding beyond their respective due dates will incur interest at the rate of 2% on the

outstanding balance, until the balance is paid in full and final settlement has been reached.

11. Erus Energy will not sell, share, or rent your personal information to any third party, or use your e-

mail address for unsolicited mail. All e-mail messages sent by Erus Energy will pertain solely to the

provision of agreed services and products. Any information on pricing and procedures will remain

confidential between the client and Erus Energy and are not to be shared with other companies.

12. By signing electronically, and upon doing so, client agrees to all program requirements including all

terms and conditions of Erus Energy and both parties are executing this offer in good faith.

13. If Applicable, Solar Insure 30 Year extended Limited Warranty for Residential Solar Systems – Fully

transferable 30 year warranty on all PV parts, Labor, Service, and roof penetrations. Additional

documentation will be provided after enrollment at time of installation. Solar Insure does not cover

damage to system not sustain through normal use (i.e. hail damage, wind damage, projectile damage)

14. Tax credits are an estimated amount. As the purchaser and owner of a solar photovoltaic system, you may qualify for certain federal, state, local or other rebates, tax credits or incentives (collectively, "incentives"). If you have any questions as to whether and when you qualify for any incentives and the amount of such incentives, please consult and discuss with your personal tax or financial advisor. Erus Energy make no representation, warranty or guaranty as to the availability or amount of such incentives.

Additional information specific to your solar project:

Client name: Brian and Stephanie Roberson

Address of project: 4651 S Brandywine Dr, Tucson, AZ 85730, USA

Solar Panels:

Manufacturer: Hanwha Q CELLS Model: Q.PEAK DUO BLK ML-G9+ Watts: 390 Count: 18

Manufacturer: Hanwha Q CELLS Model: Q.PEAK DUO BLK ML-G9+ Watts: 390 Count: 7

Manufacturer: Hanwha Q CELLS Model: Q.PEAK DUO BLK ML-G9+ Watts: 390 Count: 3

Inverter:

Name: Enphase - IQ7PLUS-72-2-US [240V] Efficiency: 97.00% DocuSign Envelope ID: A25B1B0A-82FE-4F17-88A4-999F003E109B

Pricing & Payment information:

Loan option:

Loan Amount: $36,691.00

Extra costs:

Perfect Power Box: 1 x $0.00 $0.00 Aeroseal: 1 x $0.00 $0.00 Solar Insurance: 1 x $0.00 $0.00

Rebates & Incentives applied to the project:

Residential Renewable Energy Tax Credit - 26%: -$9,539.66 Residential Solar Energy Credit: -$1,000.00

Gross price of system $36,691.00

Cost after rebates and incentives: $26,151.34

Project specs:

System Size: 10.92 kW DocuSign Envelope ID: A25B1B0A-82FE-4F17-88A4-999F003E109B Erus Builders, LLC dba ERUS ENERGY Corporate: 21402 N. 7th Ave., Phoenix, AZ 85027▪ Phone:1.844.272.8336 ▪ Email: [email redacted] San Antonio: 4311 Center Gate, San Antonio, TX 78217 ▪ El Paso: 1100 Kastrin, El Paso, TX 79907 McAllen: 2202 Sugar Sweet Ave., Suite G-H, Weslaco, TX 78599 ▪ Tucson: 9018 E. Camino Abril, Tucson, AZ 85747 AZ: ROC #305508 ▪ NM: GB02 #382417 ▪ TX: TECL#30936

This is a Purchase Agreement (“PA”) on this Date2/9/2022 ____________ between ERUS ENERGY (“Company”) and:

Buyer: Brian Roberson Co-Buyer: Property Address: 4651 South Brandywine Drive, Tucson, AZ 85730 Home / Cell Home: 520-262-6689 E-mail: [email redacted] sometimes collectively referred to herein as the “Parties or individually a “Party”.

Description of Scope of Work COST BREAKDOWN PRICE CASH OPTION Improvements / Products / Services / Repairs AT SALE

X PV PREP & INSTALLATION: Photovoltatic (PV) Total PV Material & Labor 36,691.00 System Project Planner, Site Inspection, Engineering Required System Design, Drawings, Permit, Utility Other: Application &Installation, System Size 10.92 KW AT INSTALL

X Micro Inverter System Sales Tax

X Production Monitoring Initial Down Payment

X Consumption Monitoring (If Applicable) AT PTO Solar Insure 30 Year Perfect Power Box Other: TOTAL BALANCE DUE $ 36,691.00 - Aeroseal

PAYMENT TYPE: X FINANCE CASH / CHECK CREDIT CARD LEASE BALANCE DUE AND PAYABLE UPON COMPLETE INSTALLATION OF THE SYSTEM: A Complete Installation of the System occurs when the solar energy system has been installed and is prepared for city/county and utility inspection. The system to be installed under this PA cannot be activated until the Buyer executes an Interconnection (Net Metering) Agreement with the utility having jurisdiction of the subject property, allowing the system to be legally connected to the utility's grid. Buyer shall cooperate with the Company’s reasonable requests to assist in obtaining the necessary approvals to install the solar energy system , including, without limitations, the execution documents required to be provided by the Buyer’s to the local utility company.

SYSTEM DESIGN APPROVAL: Company shall provide Buyer with a copy of the solar energy system design for approval prior to commencement of the installation works. Buyer shall have three (3) days after receipt to approve. Failure by Buyer to respond within such three (3) days shall be deemed approval of the design. If the Buyer disapproves the design, Company shall modify and resubmit the design to the Buyer for approval. INITIALS _____ _____

SECURITY/LIEN: The Company may place a lien on your home through a fixture filing (UCC-1) as a result of this PA.

E-SIGN CONSENT: All of the disclosures, agreements, modifications, records and other information being provided to you may be in electronic form and you hereby authorize and consent to receiving and signing all of your transactions, including all disclosures, contracts, notices and statements electronically. Your signature shall be deemed valid and accepted as an original signature. If you need to make any changes to your email address or obtain paper copies or withdraw your consent you may do so in writing by contacting the Company. You also agree to receive text messages from the Company.

ERUS ENERGY RESERVES THE RIGHT: To substitute make & model of solar panels as long as it is equal or greater than the above-listed KW. To substitute any & all equipment at equal rating or discontinue products at the Company’s discretion.

DISCLOSURES: All savings and production numbers are estimates that are based on current household utility usage (KW) and current utility costs, historical data and calculated based on substantiated methodology provided to ERUS ENERGY by the BUYER at time of sale. A number of variables will dictate the actual savings and energy production such as tilt of panels, orientation to the sun, shading, your individual pricing program with your utility provider and your individual consumption habits, energy consumption, appliance use, additional occupants, change in thermostat and billing rates. Your system’s PV panels will have a production guarantee from the manufacturer. It is important to understand that future utility electricity rates are estimates only. Your future utility rates and utility rate changes may vary. Your utility rates will never be zero due to connection and other fees and your PV system may not eliminate all consumption. ERUS ENERGY shall not be responsible for damage to your roof due to its existing poor condition. INITIALS ____ _____ _____ TAX CREDITS. Please consult your tax professional regarding the impact of tax credits with your solar system purchase. You understand that in order to take full advantage of the Federal Government’s Energy Efficiency Tax Credit, you must have a tax obligation that the tax credit can offset. If you purchase the System, you will own any and all, if any, tax credits, tax rebates, tax incentives, and/or renewable energy certificates associated with the System. ERUS ENERGY is not responsible for your personal tax obligation or the amounts received. Utility rates and utility rate structures are subject to change. These changes cannot be accurately predicted. Projected savings from your distributed energy generation system are therefore subject to change. Tax incentives are subject to change or termination by executive, legislative or regulatory action. INITIALS _____ _____

LIMITATION OF LIABILITY. To the extent permitted by law, in no event shall the Company's aggregate liability, if any, in damages or otherwise, arising out of or related to any products, installation of any product, service or repair work, and or any other action, and whether any claim relating thereto is based in contract, tort, or otherwise, shall in any circumstance exceed the purchase price actually paid by Purchaser for such product. Company shall not be liable for any incidental, consequential or special damages or for economic loss or expense of for loss or profits of Buyer.

ENTIRE AGREEMENT/MERGER//INTEGRATION/MODIFICATION. This Agreement and all attachments hereto constitute the entire agreement between the Parties & may only be modified in writing. All prior and contemporaneous agreements, representation statements, negotiations, understandings and undertakings are superseded by this PA and the only inducement to enter into this purchase agreement.

TERMS & CONDITIONS. I/we agree to & accept the General Terms, Conditions, and Disclosures of this Agreement & further acknowledge receipt of a completed copy of the attached general terms and conditions, notice of cancellation forms attached.

BUYER’S SIGNATURE: PRINT NAME: Brian Roberson

CO-BUYER’S SIGNATURE: PRINT NAME:

SOLAR CONSULTANT’S SIGNATURE: PRINT NAME: Sam Attolico

Erus Builders, LLC dba ERUS ENERGY DocuSign Envelope ID: A25B1B0A-82FE-4F17-88A4-999F003E109B Corporate: 21402 N. 7th Ave., Phoenix, AZ 85027▪ Phone:1.844.272.8336 ▪ Email: [email redacted] San Antonio: 4311 Center Gate, San Antonio, TX 78217 ▪ El Paso: 1100 Kastrin, El Paso, TX 79907 McAllen: 2202 Sugar Sweet Ave., Suite G-H, Weslaco, TX 78599 ▪ Tucson: 9018 E. Camino Abril, Tucson, AZ 85747 AZ: ROC #305508 ▪ NM: GB02 #382417 ▪ TX: TECL#30936

GENERAL TERMS, CONDITIONS AND DISCLOSURES

1. Demand, Acceleration & Collection: If the Buyer(s) refuses to complete the purchase as agreed or defaults under any terms of the Purchase Agreement, the entire balance of the purchase price shall accelerate and become due and payable immediately. Buyer shall be liable for all collection costs. In any suit or proceeding arising out of or in connection with the Purchase Agreement, the prevailing party shall be entitled to recover reasonable expenses, including, but not limited to, attorney’s fees, court costs and expenses and 18% interest on unpaid balance. Company also may have the option of removing all or part of the material from the Buyer’s premises in addition to receiving payment of the balance.

2. Waiver: Unless otherwise provided by statute or applicable law, Buyer(s) acknowledges that once work has commenced, Buyer(s) has waived his/her right to cancel. Once installation or repair work of any product or service is substantially completed, pursuant to your request for repair, maintenance or installation; then such work, services or products installed cannot be returned or unperformed in a way as to return the purchased items or services in a condition prior to installation.

3. Perfecting Interest: Buyer(s) agrees that he/she will sign a, promissory note, deed of trust, loan agreement, solar lease, financing statement and any other documents deemed necessary or required to perfect Company’ rights and interest in this Purchase Agreement and/or the Buyer’s obligations under this Purchase Agreement and/or any lender, private party or financial institution to which Company may assign all or any portion of its interests, rights and obligations under this contract.

4. Manufacturers and Product to Warranty: The Company agrees to pass any and all existing product and manufacturer’s warranties to the Buyer(s), which is currently a limited 25-year performance guarantee and a limited 10-year product warranty from the date of purchase, a copy of which shall be provided to you and is incorporated herein by this reference.

5. Limited Workmanship: Company will perform all work in accordance with all local building codes and regulations, and in a workmanlike manner. Any work performed outside the scope of Company’s licenses shall be performed by a duly licensed contractor holding the requisite license in the jurisdiction in which the work is being performed. Maintenance of the Systems is not included as part of this purchase agreement. Company offers a minimum of five (5) years workmanship warranty for the installation of the solar and/or solar electric system, including labor and materials and in no event less than the minimum requirements of the applicable state it operates. 6. Limitations/Exclusions on Warranties: Company does not make any representations or warranties except for this set out in this Purchase Agreement and/or those warranties which cannot be excluded, from this Purchase Agreement. Company shall provide limited warranties in compliance with the minimum standards of applicable state and local rules and regulations in which it operates. All warranty coverage to equipment and workmanship installed by Company are passed through and provided by the manufacturer which shall be void if any alterations or repairs are performed by any person or persons not expressly authorized, in writing by Company. The warranty does not cover: weather, vandalism or damage caused by external forces such as an act of God; normal wear and tear or aging of material; any implied warranties; additional electric bills, water damage or any other consequential damages to the property; damage to the system or its efficiency due to adjustment, moving or tampering with components by individuals other than those specified by Company. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE LIMITED WARRANTY SET FORTH HEREIN IS EXPRESSLY IN LIEU OF THE WARRANTIES OF MERCHANTABILITY, AND OF FITNESS FOR A PARTICULAR PURPOSE, USE, OR APPLICATION, AND ALL OTHER OBLIGATIONS OR LIABILITIES ON THE PART OF COMPANY, UNLESS SUCH OTHER WARRANTIES, OBLIGATIONS OR LIABILITIES ARE EXPRESSLY AGREED TO IN WRITING AND SIGNED AND APPROVED BY COMPANY OR REQUIRED UNDER APPLICABLE LAW. COMPANY SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER, WHETHER ARISING OUT OF OR RELATED TO THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFECTS IN PRODUCTS, OR FROM USE OR INSTALLATION. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY TYPE, INCLUDING WITHOUT LIMITATION RELATING TO LOSS OF USE, LOSS OF PROFITS, LOSS OF PRODUCTION OR LOSS OF REVENUE. *In Texas: “Regulated by The Texas Department of Licensing and Regulations, P. O. Box 12157, Austin, Texas 78711, 1-800-803-9202,512-463-6599; website: ww.license.state.tx.us/complaints”. *In AZ: https://roc.az.gov/file-complaint, (602) 542-1525;A.R.S. §32-1158

7. Transfer: If Buyer lists or sells the Property after acceptance and prior to payment in full for the Products, then Buyer agrees that, in addition to Buyer’s remaining as an obligor and guarantor on the debt, the outstanding money shall be secured by the Property by a lien senior to any subsequent lienholders.

8. Indemnity: Buyer(s) shall indemnify and not hold Company, its affiliates, agents, officers, representatives and employees liable for any damage or injury to Buyer or any other person, or to any property, occurring on the premises, or in common areas, unless such damage is the legal result of negligence or willful misconduct by the Company, his or her agents or employees.

9. Severability: If any provision or any part of a provision of this Purchase Agreement shall be held invalid or unenforceable, then the remaining portions of that provision and the remainder of the Purchase Agreement shall be construed as if not containing the particular invalid or unenforced able provision or portion thereof, and the rights and obligations of each Party shall be construed and enforced accordingly.

10. Delays: The Company shall not be liable for delays due to circumstances beyond its control. Including and not limited to Authorities having jurisdiction and utility company processes and availabilities. Any starting or completion dates provided by the Company are its best estimates and subject to change. The Company’s successful performance is based upon the prompt, complete and accurate fulfillment of all of the BUYER’s obligations including payment.

ACKNOWLEDGMENT / INITIALS _____ _____

Notice to Buyer You are entering into a Purchase Agreement, to purchase a solar electricity generating system. Notice to the Buyer (do not sign this Purchase Agreement before you read it & all its attachments or if it contains blank space), you will be sent a copy of the agreement you sign. You the Buyer(s), may cancel this Purchase Agreement at any time prior to midnight of the third business day after the date of this transaction without a penalty. A cancellation fee of $1,750.00 will be charged to you if you cancel after the 3rd business day. After a period of 7 days or more the cancellation fee will increase and include: the costs of pictures & measurements / solar engineering work completed / any additional engineering for ground-mount site visit / permit fees / utility interconnection fees / homeowner’s association fees / materials shipping & restocking fees / attorney fees / lender & financing fees / project management & admin fees / engineering stamp fees / any other fees the Company accrued. Under the right to rescind, you have until midnight of the third business day to cancel the Purchase Agreement. Day one begins after this occurs: ▪ YOU SIGN THE PURCHASE AGREEMENT ▪ YOU RECEIVE A TRUTH IN LENDING DISCLOSURE FORM CONTAINING CERTAIN KEY INFORMATION ABOUT YOUR CREDIT CONTRACT, INCLUDING THE ANNUAL PERCENTAGE RATE; AMOUNT FINANCED AND PAYMENT SCHEDULE. If you decide to rescind, you must notify ERUS ENERGY in writing. You may not rescind by telephone or by a face-to- face conversation with your sales representative. Your written notice must be mailed, or delivered by other written means, before midnight of the third business day to the Company’s Corporate Office at: ERUS ENERGY, 21402 N 7th Ave, Phoenix, AZ 85027. NOTICE OF CANCELLATION 2/9/2022 DATE OF TRANSACTION: ______________________ YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE BUSINESS DAYS FROM THE ABOVE DATE. IF YOU CANCEL: 1. ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT OR SALE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY THE COMPANY OF YOUR CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELLED. 2. YOU MUST MAKE AVAILABLE TO THE COMPANY AT YOUR PROPERTY, IN SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS DELIVERED TO YOU UNDER THIS PURCHASE AGREEMENT OR SALE; OR YOU MAY IF YOU WISH, COMPLY WITH THE INSTRUCTIONS OF THE COMPANY REGARDING THE RETURN SHIPMENT OF THE PRODUCTS AT THE COMPANY’S EXPENSE AND RISK. 3. IF THE COMPANY DOES NOT PICK UP THE DELIVERED GOODS UNDER THIS PURCHASE AGREEMENT WITHIN 10 DAYS OF THE DATE OF YOUR NOTICE OF CANCELLATION, YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION. 4. TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, TO ERUS ENERGY 21402 N. 7th Ave, 02/12/2022 Phoenix, AZ 85027 NOT LATER THAN MIDNIGHT OF THIS DATE: ________________________

I HEREBY CANCEL THIS PURCHASE AGREEMENT

BUYER(S) SIGNATURE(S):

BUYER(S) NAME(S):

DATE:

ACKNOWLEDGMENT / INITIALS ________ ________

8/31/23, 8:43 AM State of Arizona Mail - Roberson -Case 2023-05077

Answers - AZROC <[email redacted]>

Roberson -Case 2023-05077 message

Dave Brady <[email redacted]> Wed, Aug 30, 2023 at 2:36 PM To: [email redacted]

Hello,

The Team has set time with homonwer for Thursday the 1st to finalize his list of issues pertaining to the install of the project. All Items that are remaining will be done tomorrow. Ive also reached out by phone to discuss in full with the homeowner any items lingering and or issues we need to resolve. Erus is fully cooperative in this and will remedy any and all items.

Please have them call my Cell phone 602.690.9921 to get anything else needed and or resolved.

-- David Brady Erus Energy | Toll Free 844.2.SAVE-ENERGY [email redacted] www.erusenergy.com

Important Warning: This message, together with any attachments, is intended only for the use of the individual or entity to which it is addressed. It may contain information that is confidential and prohibited from disclosure. If you are not the intended recipient, you are hereby notified that any dissemination or copying of this message or any attachment is strictly prohibited. If you have received this message in error, please notify the original sender immediately by telephone or by return e-mail and delete this message, along with any attachments, from your computer.

CONFIDENTIALITY NOTICE: This email is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is legally privileged. This e-mail is only for the personal and confidential use of the individuals to which it is addressed and contains confidential information.

All installations are performed by licensed installers | A solar power system is customized for your home, so pricing and savings vary based on location, system size, government rebated and local utility rates | Savings on your total electricity costs are not guaranteed | Erus Energy is a licensed trade name of Erus Builders, LLC | AZ ROC: 210079, NM: #382417, TX EC 30936

https://mail.google.com/mail/b/AEoRXRQO3bkmwrzLaUyrdElgHK9ycvZDgX3L4sMTLFT_4mDYOZsk/u/0/?ik=581c53cf5c&view=pt&search=all&permt… 1/1 Complaint # 2023- 05077 P 1 JSI address: 4651 South Brandywine Drive Date: 6-26-23 JSI PHOTOS Complaint # 2023- 05077 P 2 JSI address: 4651 South Brandywine Drive Date: 6-26-23 JSI PHOTOS Complaint # 2023- 05077 P 3 JSI address: 4651 South Brandywine Drive Date: 6-26-23 JSI PHOTOS Complaint # 2023- 05077 P 4 JSI address: 4651 South Brandywine Drive Date: 6-26-23 JSI PHOTOS Complaint # 2023- 05077 P 5 JSI address: 4651 South Brandywine Drive Date: 6-26-23 JSI PHOTOS Complaint # 2023- 05077 P 6 JSI address: 4651 South Brandywine Drive Date: 6-26-23 JSI PHOTOS Complaint # 2023- 05077 P 7 JSI address: 4651 South Brandywine Drive Date: 6-26-23 JSI PHOTOS Complaint # 2023- 05077 P 8 JSI address: 4651 South Brandywine Drive Date: 6-26-23 JSI PHOTOS Complaint # 2023- 05077 P 9 JSI address: 4651 South Brandywine Drive Date: 6-26-23 JSI PHOTOS Complaint # 2023- 05077 P 10 JSI address: 4651 South Brandywine Drive Date: 6-26-23 JSI PHOTOS Complaint # 2023- 05077 P 11 JSI address: 4651 South Brandywine Drive Date: 6-26-23 JSI PHOTOS Complaint # 2023- 05077 P 12 JSI address: 4651 South Brandywine Drive Date: 6-26-23 JSI PHOTOS Mediation Notice

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

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

v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.

REQUEST

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

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

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

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

_____________________________________ _______________________ Respondent (or representative) Date

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

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

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

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

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

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

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

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

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

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

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

Exhibit Exhibit Name

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

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

Print Name Signature Date

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