ALJDEC - Licensing
2023A-05238-CHC-ROC · Registrar of Contractors · 2024-03-07
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Jeina Garvin ,
COMPLAINANT
v.
Custom Creative Marble and Granite Inc
DBA: Custom Creative Remodeling
License No. ROC 334789 and ROC 338846.
RESPONDENT
No. 2023A-05238-CHC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: February 16, 2024, 1:00 P.M.
APPEARANCES: Complainant Jeina Garvin appeared on her own behalf; Praveen Puranam, President, appeared on behalf of Respondent
ADMINISTRATIVE LAW JUDGE: Roger A. Geddes
EXHIBITS ADMITTED INTO EVIDENCE: None submitted.
_____________________________________________________________________
FINDINGS OF FACT
Background and Procedure
1. Custom Creative Marble and Granite, Inc., DBA: Custom Creative Remodeling (Respondent), is the holder of License Numbers 334789 and 338846 issued by the Registrar of Contractors (Registrar).
2. On or about June 9, 2023, Jeina Garvin (Complainant) filed a Complaint against Respondent with the Registrar alleging abandonment and poor work by Respondent in connection with renovation of a residence in Scottsdale, Arizona (“project”).
3. The Registrar scheduled an inspection of the project for July 19, 2023, which did not go forward because the project had not been completed. Thereafter, the Registrar issued a Written Directive, dated August 4, 2023, essentially requiring Respondent to complete the project by September 5, 2023.
4. After Complainant submitted an addendum to the Complaint, the Registrar performed an inspection on October 5, 2023. Thereafter, the Registrar issued a Written Directive, dated October 20, 2023, requiring Respondent to remedy the following violations by appropriate means by November 7, 2023:
Compliance Item 2: pocket door hardware to be installed (pending material)
Investigator’s Observation: Hardware not complete. Material is owner furnished and contractor installed and is on site. Respondent was directed on 8/4/23 to complete the project by 9/4/23. At this time work is not complete and permit is not closed. Respondent should complete their scope of work by appropriate methods and in accordance with contract, executed change orders, specifications, drawings, building code/requirements of the local building authority (permit/inspection), manufacturer recommendations, industry and workmanship standards. Respondent should provide this Investigator with documentation of passed final permit/certificate of occupancy for the work they have performed.
Compliance Item 3: Robe hook in guest bath to be hung
Investigator’s Observation: Contractor furnished. Not installed. Respondent was directed on 8/4/23 to complete the project by 9/4/23. At this time work is not complete and permit is not closed. Respondent should complete their scope of work by appropriate methods and in accordance with contract, executed change orders, specifications, drawings, building code/requirements of the local building authority (permit/inspection), manufacturer recommendations, industry and workmanship standards. Respondent should provide this Investigator with documentation of passed final permit/certificate of occupancy for the work they have performed.
Compliance Item 5: Fan Light switch for wall to be installed in playroom
Investigator’s Observation: Switch is not completed, does not control fan. Respondent was directed on 8/4/23 to complete the project by 9/4/23. At this time work is not complete and permit is not closed. Respondent should complete their scope of work by appropriate methods and in accordance with contract, executed change orders, specifications, drawings, building code/requirements of the local building authority (permit/inspection), manufacturer recommendations, industry and workmanship standards. Respondent should provide this Investigator with documentation of passed final permit/certificate of occupancy for the work they have performed.
Compliance Item 7: Pot filler has loose fitting
Investigator’s Observation: Pot filler is easily moveable. Respondent should correct this condition.
Compliance Item 8: Under island light switch cover/panel to be finished
Investigator’s Observation: No contractual evidence (drawing or specification) for the trim on this bank of outlets. Current trim does not meet workmanship standards. Pencil marks, jagged cuts, exposed nails and empty nail holes. Respondent should correct these conditions by appropriate methods and complete this installation in accordance with industry and workmanship standards.
Compliance Item 9: calking/trim work to be addressed throughout house
a. floor to waterfall on inside of island
b. upper cabinet meets ceiling in kitchen
c. side cabinets meets walls in kitchen (cabinets surrounding oven sides, lower side entering to laundry area, etc)
d. upper cabinets meet ceiling in laundry room
e. upper cabinets meet ceiling in bar area
f. pantry to ceiling
Investigator’s Observation: Caulk at waterfall corrected prior to inspection. Caulk is not required at cabinet/ceiling connection. Caulk has been applied inconsistently to vertical cabinet/wall connections. Respondent should correct this condition and consistently install vertical caulk as appropriate. Any areas of missing or incomplete caulk (voids in caulk) should be completed/corrected as well.
Compliance Item 10: plumbing area/above water heater area slanted/misaligned
Investigator’s Observation: Pan is excessively slopped, moves freely and is resting on plumbing. Respondent should correct by appropriate methods.
Compliance Item 11: ceiling above upper kitchen cabinet on south wall flat part Is not finished - bare drywall above cabinet to be corrected.
Investigator’s Observation: Wall not finished (texture & paint). Respondent was directed on 8/4/23 to complete the project by 9/4/23. At this time work is not complete and permit is not closed. Respondent should complete their scope of work by appropriate methods and in accordance with contract, executed change orders, specifications, drawings, building code/requirements of the local building authority (permit/inspection), manufacturer recommendations, industry and workmanship standards. Respondent should provide this Investigator with documentation of passed final permit/certificate of occupancy for the work they have performed.
Compliance Item 12: dishwasher not fastened to counter
Investigator’s Observation: Dishwasher is not installed. Respondent was directed on 8/4/23 to complete the project by 9/4/23. At this time work is not complete and permit is not closed. Respondent should complete their scope of work by appropriate methods and in accordance with contract, executed change orders, specifications, drawings, building code/requirements of the local building authority (permit/inspection), manufacturer recommendations, industry and workmanship standards. Respondent should provide this Investigator with documentation of passed final permit/certificate of occupancy for the work they have performed.
Compliance Item 13: hinge clips logo design craft piece to be installed on all cabinet hinges
Investigator’s Observation: Logo clips for hinges are onsite but have not been installed. Respondent was directed on 8/4/23 to complete the project by 9/4/23. At this time work is not complete and permit is not closed. Respondent should complete their scope of work by appropriate methods and in accordance with contract, executed change orders, specifications, drawings, building code/requirements of the local building authority (permit/inspection), manufacturer recommendations, industry and workmanship standards. Respondent should provide this Investigator with documentation of passed final permit/certificate of occupancy for the work they have performed
Compliance Item 15: large gap in cabinet over bar area to be resolved
Investigator’s Observation: Door reveals are excessive and not consistent.
Respondent should correct by appropriate methods.
Compliance Item 16: missing a shelf in upper cabinet to right of sink (we store
glassware here)
Investigator’s Observation: Contractor acknowledged missing shelf. Respondent should correct this conditions by appropriate methods.
Compliance Item 18: chip in ceiling where right upper to stove hit cieling
Investigator’s Observation: Same as Item 11.
Compliance Item 21: after ceiling cave in - in garage the garage door does not open and close smoothly - jerks at top on the track.
Investigator’s Observation: Loud noise when door operates. Respondent performed drywall repair on ceiling on east side of door. Repair required that the angle iron/bracket be removed from ceiling and reinstalled by the Respondent. Preponderance of evidence indicates that this condition is due to the work of the Respondent. Respondent should correct this condition by appropriate methods.
Compliance Item 22: water damage under left side girls sink not resolved
Investigator’s Observation: Visible water damage under sink. Respondent should correct by appropriate methods.
Compliance Item 24: master bath flooring under floating vanity is not level and
grouting is messed up
Investigator’s Observation: Tile is not level and grout is inconsistent and missing in places. Respondent should correct by appropriate methods.
Compliance Item 25: damage to vertical cabinet side in master bath
Investigator’s Observation: Damage is visible. Respondent should correct by appropriate methods.
Compliance Item 28: no shelves in vertical master cabinet
Investigator’s Observation: On site but not installed. Respondent should correct by appropriate methods.
Compliance Item 30: transition from vertical cabinet to wall needs attention on the floating vanity side
Investigator’s Observation: Work is not complete. Respondent was directed on 8/4/23 to complete the project by 9/4/23. At this time work is not complete and permit is not closed. Respondent should complete their scope of work by appropriate methods and in accordance with contract, executed change orders, specifications, drawings, building code/requirements of the local building authority (permit/inspection), manufacturer recommendations, industry and workmanship standards. Respondent should provide this Investigator with documentation of passed final permit/certificate of occupancy for the work they have performed.
Compliance Item 33: hood vent to vent to exterior through roof
Investigator’s Observation: Respondent stated that this has been addressed. Inspection of this item is under the authority of the building department. Respondent was directed on 8/4/23 to complete the project by 9/4/23. At this time work is not complete and permit is not closed. Respondent should complete their scope of work by appropriate methods and in accordance with contract, executed change orders, specifications, drawings, building code/requirements of the local building authority (permit/inspection), manufacturer recommendations, industry and workmanship standards. Respondent should provide this Investigator with documentation of passed final permit/certificate of occupancy for the work they have performed.
Compliance Item 38: Niche in girls shower is too slanted - will not hold
shampoo/conditioner/soap etc when wet/using shower as they slide off.
Investigator’s Observation: Shelf slant is excessive. Bottles slide off of shelf. Respondent should correct this condition by appropriate methods.
Compliance Item 39: Vaulted ceiling seem is not flush
Investigator’s Observation: Insufficient evidence to substantiate that ceiling is not flush, however, poor texture and paint should be corrected in this area. Respondent should correct by appropriate methods.
Compliance Item 41: Kitchen Cabinets not installed around fridge
Investigator’s Observation: Cabinets have not been installed. Respondent was directed on 8/4/23 to complete the project by 9/4/23. At this time work is not complete and permit is not closed. Respondent should complete their scope of work by appropriate methods and in accordance with contract, executed change orders, specifications, drawings, building code/requirements of the local building authority (permit/inspection), manufacturer recommendations, industry and workmanship standards. Respondent should provide this Investigator with documentation of passed final permit/certificate of occupancy for the work they have performed. building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 42: Cabinet Doors missing on Cabinets over Ovens - this is
concerning since Wes is saying the company no longer makes this wood color....
Investigator’s Observation: Doors have not been installed. Respondent was directed on 8/4/23 to complete the project by 9/4/23. At this time work is not complete and permit is not closed. Respondent should complete their scope of work by appropriate methods and in accordance with contract, executed change orders, specifications, drawings, building code/requirements of the local building authority (permit/inspection), manufacturer recommendations, industry and workmanship standards. Respondent should provide this Investigator with documentation of passed final permit/certificate of occupancy for the work they have performed.
Compliance Item 43: Master bathroom counters is not installed.
Investigator’s Observation: Counter has not been installed. Respondent was directed on 8/4/23 to complete the project by 9/4/23. At this time work is not complete and permit is not closed. Respondent should complete their scope of work by appropriate methods and in accordance with contract, executed change orders, specifications, drawings, building code/requirements of the local building authority (permit/inspection), manufacturer recommendations, industry and workmanship standards. Respondent should provide this Investigator with documentation of passed final permit/certificate of occupancy for the work they have performed.
Compliance Item 44: there is a hole on the exterior of the house on the exterior of the south side of the kitchen.
Investigator’s Observation: South side hole was corrected, however, penetration in brick work needs to be sealed by appropriate methods.
Compliance Item 45: The laundry room sink and kitchen sink drains are not flush and they pool water
Investigator’s Observation: Both drains are significantly elevated from sink basin. Respondent should correct this condition in all locations by appropriate methods.
Compliance Item 46: They have not installed the laundry room hanging bar per plans
Investigator’s Observation: Parties agree bar is shown on plans. Bar has not been installed. Respondent was directed on 8/4/23 to complete the project by 9/4/23. At this time work is not complete and permit is not closed. Respondent should complete their scope of work by appropriate methods and in accordance with contract, executed change orders, specifications, drawings, building code/requirements of the local building authority (permit/inspection), manufacturer recommendations, industry and workmanship standards. Respondent should provide this Investigator with documentation of passed final permit/certificate of occupancy for the work they have performed.
5. Thereafter, the Registrar received an addendum to the Complaint from Complainant and then performed further job inspections on October 5, 2023, November 30, 2023, and February 16, 2024, with the following observations:
Compliance Item 2: pocket door hardware to be installed (pending material) Investigator’s Observation – JOBSITE INSPECTION 10/5/23: Hardware not complete. Material is owner furnished and contractor installed and is on site. Respondent was directed on 8/4/23 to complete the project by 9/4/23. At this time work is not complete and permit is not closed. Respondent should complete their scope of work by appropriate methods and in accordance with contract, executed change orders, specifications, drawings, building code/requirements of the local building authority (permit/inspection), manufacturer recommendations, industry and workmanship standards. Respondent should provide this Investigator with documentation of passed final permit/certificate of occupancy for the work they have performed.
Investigator’s Observation – Compliance Inspection 11/30/23: NOT COMPLETE. Pocket door hardware complete, however, Respondent has not obtained passed final inspection/certificate of occupancy. (No photo)
Investigator’s Observation - Prehearing Inspection 12/16/24: COMPLETE. Respondent has not provided passed final inspection/certificate of occupancy, however, that concern is addressed in Item #33.
Compliance Item 3: Robe hook in guest bath to be hung Investigator’s Observation – JOBSITE INSPECTION 10/5/23: Contractor furnished. Not installed. Respondent was directed on 8/4/23 to complete the project by 9/4/23. At this time work is not complete and permit is not closed. Respondent should complete their scope of work by appropriate methods and in accordance with contract, executed change orders, specifications, drawings, building code/requirements of the local building authority (permit/inspection), manufacturer recommendations, industry and workmanship standards. Respondent should provide this Investigator with documentation of passed final permit/certificate of occupancy for the work they have performed. Investigator’s Observation – Compliance Inspection 11/30/23: NOT COMPLETE. Robe hook not installed. Respondent has not obtained passed final inspection/certificate of occupancy. (CJSI Photos #2)
Investigator’s Observation - Prehearing Inspection 12/16/24: COMPLETE. Respondent has not provided passed final inspection/certificate of occupancy, however, that concern is addressed in Item #33.
Compliance Item 5: Fan Light switch for wall to be installed in playroom Investigator’s Observation – JOBSITE INSPECTION 10/5/23: Switch is not completed, does not control fan. Respondent was directed on 8/4/23 to complete the project by 9/4/23. At this time work is not complete and permit is not closed. Respondent should complete their scope of work by appropriate methods and in accordance with contract, executed change orders, specifications, drawings, building code/requirements of the local building authority (permit/inspection), manufacturer recommendations, industry and workmanship standards. Respondent should provide this Investigator with documentation of passed final permit/certificate of occupancy for the work they have performed. Investigator’s Observation – Compliance Inspection 11/30/23: NOT COMPLETE. Fan light switch has been installed, however, Respondent has not obtained passed final inspection/certificate of occupancy. (No photo)
Investigator’s Observation - Prehearing Inspection 12/16/24: COMPLETE. Respondent has not provided passed final inspection/certificate of occupancy, however, that concern is addressed in Item #33.
Compliance Item 7: Pot filler has loose fitting Investigator’s Observation – JOBSITE INSPECTION 10/5/23: Pot filler is easily moveable. Respondent should correct this condition. Investigator’s Observation – Compliance Inspection 11/30/23: NOT COMPLETE. Pot filler is no longer moveable but there is a now a significant gap at the arm/wall mount connection. (CJSI #3)
Investigator’s Observation - Prehearing Inspection 12/16/24: NOT COMPLETE. It appears that the gap has been addressed with clear caulk/sealant. Manufacturer recommendations for install of the pot filler does NOT call for this material at wall/pot arm connection. Respondent is required to comply with manufacturer recommendations for installation. Recommendations are attached to this document. (Prehearing Photos #1)
Compliance Item 8: Under island light switch cover/panel to be finished Investigator’s Observation – JOBSITE INSPECTION 10/5/23: No contractual evidence (drawing or specification) for the trim on this bank of outlets. Current trim does not meet workmanship standards. Pencil marks, jagged cuts, exposed nails and empty nail holes. Respondent should correct these conditions by appropriate methods and complete this installation in accordance with industry and workmanship standards. Investigator’s Observation – Compliance Inspection 11/30/23: COMPLETE. Under island light switch cover/panel have been installed. (No photo)
Investigator’s Observation - Prehearing Inspection 12/16/24: NOT COMPLETE. Caulk has been corrected at missing cabinet/wall connection and window, however, Respondent also installed caulk on the inner and outer corners of the cabinets in the laundry room. This is not required nor was it directed. This work was done poorly, with the wrong color and is very visible. (Prehearing Photos #2 - #4)
Compliance Item 9: calking/trim work to be addressed throughout house a. floor to waterfall on inside of island b. upper cabinet meets ceiling in kitchen c. side cabinets meets walls in kitchen (cabinets surrounding oven sides, lower side entering to laundry area, etc) d. upper cabinets meet ceiling in laundry room e. upper cabinets meet ceiling in bar area f. pantry to ceiling Investigator’s Observation – JOBSITE INSPECTION 10/5/23: Caulk at waterfall corrected prior to inspection. Caulk is not required at cabinet/ceiling connection. Caulk has been applied inconsistently to vertical cabinet/wall connections. Respondent should correct this condition and consistently install vertical caulk as appropriate. Any areas of missing or incomplete caulk (voids in caulk) should be completed/corrected as well. Investigator’s Observation – Compliance Inspection 11/30/23: NOT COMPLETE. Caulk is missing at cabinet/wall connection, kitchen window has poor and incomplete caulk. (CJSI Photos #4 - #5)
Investigator’s Observation - Investigator’s Observation - Prehearing Inspection 12/16/24: NOT COMPLETE. Caulk has been corrected at missing cabinet/wall connection and window, however, Respondent also installed caulk on the inner and outer corners of the cabinets in the laundry room. This is not required nor was it directed. This work was done poorly, with the wrong color and is very visible. (Prehearing Photos #2 - #4)
Compliance Item 10: plumbing area/above water heater area slanted/misaligned Investigator’s Observation – JOBSITE INSPECTION 10/5/23: Pan is excessively slopped, moves freely and is resting on plumbing. Respondent should correct by appropriate methods. Investigator’s Observation – Compliance Inspection 11/30/23: COMPLETE. Drain pan has been corrected. (No photo)
Compliance Item 11: ceiling above upper kitchen cabinet on south wall flat part is not finished - bare drywall above cabinet to be corrected. Investigator’s Observation – JOBSITE INSPECTION 10/5/23: Wall not finished (texture & paint). Respondent was directed on 8/4/23 to complete the project by 9/4/23. At this time work is not complete and permit is not closed. Respondent should complete their scope of work by appropriate methods and in accordance with contract, executed change orders, specifications, drawings, building code/requirements of the local building authority (permit/inspection), manufacturer recommendations, industry and workmanship standards. Respondent should provide this Investigator with documentation of passed final permit/certificate of occupancy for the work they have performed. Investigator’s Observation – Compliance Inspection 11/30/23: NOT COMPLETE. Drywall remains visible above this cabinet. Respondent has not obtained passed final inspection/certificate of occupancy. (CJSI #6)
Investigator’s Observation - Prehearing Inspection 12/16/24: NOT COMPLETE. Edge of drywall is no longer visible, however, texture above this cabinet now shows lumps and readily visible flat areas. (Prehearing Photos #5)
Compliance Item 12: dishwasher not fastened to counter Investigator’s Observation – JOBSITE INSPECTION 10/5/23: Dishwasher is not installed. Respondent was directed on 8/4/23 to complete the project by 9/4/23. At this time work is not complete and permit is not closed. Respondent should complete their scope of work by appropriate methods and in accordance with contract, executed change orders, specifications, drawings, building code/requirements of the local building authority (permit/inspection), manufacturer recommendations, industry and workmanship standards. Respondent should provide this Investigator with documentation of passed final permit/certificate of occupancy for the work they have performed. Investigator’s Observation – Compliance Inspection 11/30/23: NOT COMPLETE. Dishwasher is fastened to counter, however, Respondent has not obtained passed final inspection/certificate of occupancy. (No photo)
Investigator’s Observation - Prehearing Inspection 12/16/24: COMPLETE. Respondent has not provided passed final inspection/certificate of occupancy, however, that concern is addressed in Item #33.
Compliance Item 13: hinge clips logo design craft piece to be installed on all cabinet hinges Investigator’s Observation – JOBSITE INSPECTION 10/5/23: Logo clips for hinges are onsite but have not been installed. Respondent was directed on 8/4/23 to complete the project by 9/4/23. At this time work is not complete and permit is not closed. Respondent should complete their scope of work by appropriate methods and in accordance with contract, executed change orders, specifications, drawings, building code/requirements of the local building authority (permit/inspection), manufacturer recommendations, industry and workmanship standards. Respondent should provide this Investigator with documentation of passed final permit/certificate of occupancy for the work they have performed Investigator’s Observation – Compliance Inspection 11/30/23: NOT COMPLETE. Logo clips are not all installed. Respondent has not obtained passed final inspection/certificate of occupancy. (CJSI #7)
Investigator’s Observation - Prehearing Inspection 12/16/24: NOT COMPLETE. Some clips are still not installed. (Prehearing Photos # 6)
Compliance Item 15: large gap in cabinet over bar area to be resolved Investigator’s Observation – JOBSITE INSPECTION 10/5/23: Door reveals are excessive and not consistent. Respondent should correct by appropriate methods. Investigator’s Observation – Compliance Inspection 11/30/23: COMPLETE. Gap has been resolved. (No photo)
Compliance Item 16: missing a shelf in upper cabinet to right of sink (we store glassware here) Investigator’s Observation – JOBSITE INSPECTION 10/5/23: Contractor acknowledged missing shelf. Respondent should correct this conditions by appropriate methods. Investigator’s Observation – Compliance Inspection 11/30/23: COMPLETE. Shelf is on site. (No photo)
Compliance Item 18: chip in ceiling where right upper to stove hit cieling Investigator’s Observation – JOBSITE INSPECTION 10/5/23: Same as Item 11. Investigator’s Observation – Compliance Inspection 11/30/23: COMPLETE. NOT THE SAME AS ITEM 11, AS ORIGINALLY NOTED FOR JSI INSPECTION BUT ITEM IS COMPLETE AT THE TIME OF THIS COMPLIANCE INSPECTION. (No photo)
Compliance Item 21: after ceiling cave in - in garage the garage door does not open and close smoothly - jerks at top on the track. Investigator’s Observation – JOBSITE INSPECTION 10/5/23: Loud noise when door operates. Respondent performed drywall repair on ceiling on east side of door. Repair required that the angle iron/bracket be removed from ceiling and reinstalled by the Respondent. Preponderance of evidence indicates that this condition is due to the work of the Respondent. Respondent should correct this condition by appropriate methods. Investigator’s Observation – Compliance Inspection 11/30/23: COMPLETE. Corrected at the time of inspection. (No photo)
Compliance Item 22: water damage under left side girls sink not resolved Investigator’s Observation – JOBSITE INSPECTION 10/5/23: Visible water damage under sink. Respondent should correct by appropriate methods. Investigator’s Observation – Compliance Inspection 11/30/23: NOT COMPLETE. Water damage remains. (CJSI #8)
Investigator’s Observation - Prehearing Inspection 12/16/24: NOT COMPLETE. Water damage remains. (Prehearing Photos #7 - #8)
Compliance Item 24: master bath flooring under floating vanity is not level and grouting is messed up Investigator’s Observation – JOBSITE INSPECTION 10/5/23: Tile is not level and grout is inconsistent and missing in places. Respondent should correct by appropriate methods. Investigator’s Observation – Compliance Inspection 11/30/23: NOT COMPLETE. Tile at back corner now has lippage which greatly exceeds 1/32”. (CJSI #9)
Investigator’s Observation - Prehearing Inspection 12/16/24: NOT COMPLETE. Tile at back corner still has lippage which exceeds 1/32”. (Prehearing Photos #9)
Compliance Item 25: damage to vertical cabinet side in master bath Investigator’s Observation – JOBSITE INSPECTION 10/5/23: Damage is visible. Respondent should correct by appropriate methods. Investigator’s Observation – Compliance Inspection 11/30/23: NOT COMPLETE. Visible damage remains on this cabinet (CJSI #10)
Investigator’s Observation - Prehearing Inspection 12/16/24: NOT COMPLETE. It appears as correction was attempted but damage still remains visible on this cabinet. (Prehearing Photos #10 - #11)
Compliance Item 28: no shelves in vertical master cabinet Investigator’s Observation – JOBSITE INSPECTION 10/5/23: On site but not installed. Respondent should correct by appropriate methods. Investigator’s Observation – Compliance Inspection 11/30/23: COMPLETED. (No photo).
Compliance Item 30: transition from vertical cabinet to wall needs attention on the floating vanity side Investigator’s Observation – JOBSITE INSPECTION 10/5/23: Work is not complete. Respondent was directed on 8/4/23 to complete the project by 9/4/23. At this time work is not complete and permit is not closed. Respondent should complete their scope of work by appropriate methods and in accordance with contract, executed change orders, specifications, drawings, building code/requirements of the local building authority (permit/inspection), manufacturer recommendations, industry and workmanship standards. Respondent should provide this Investigator with documentation of passed final permit/certificate of occupancy for the work they have performed. Investigator’s Observation – Compliance Inspection 11/30/23: Addressed in Item #25. (No photo)
Compliance Item 33: hood vent to vent to exterior through roof Investigator’s Observation – JOBSITE INSPECTION 10/5/23: Respondent stated that this has been addressed. Inspection of this item is under the authority of the building department. Respondent was directed on 8/4/23 to complete the project by 9/4/23. At this time work is not complete and permit is not closed. Respondent should complete their scope of work by appropriate methods and in accordance with contract, executed change orders, specifications, drawings, building code/requirements of the local building authority (permit/inspection), manufacturer recommendations, industry and workmanship standards. Respondent should provide this Investigator with documentation of passed final permit/certificate of occupancy for the work they have performed. Investigator’s Observation – Compliance Inspection 11/30/23: NOT COMPLETE. Respondent has not obtained passed final inspection/certificate of occupancy. (No photo)
Investigator’s Observation - Prehearing Inspection 12/16/24: NOT COMPLETE. Respondent has not provided documentation of passed final permit/certificate of occupancy for the work they have performed which is relative to an addition and remodel of the subject residence. (No photo)
Compliance Item 38: Niche in girls shower is too slanted - will not hold shampoo/conditioner/soap etc when wet/using shower as they slide off. Investigator’s Observation – JOBSITE INSPECTION 10/5/23: Shelf slant is excessive. Bottles slide off of shelf. Respondent should correct this condition by appropriate methods. Investigator’s Observation – Compliance Inspection 11/30/23: NOT COMPLETE. Slant has been addressed but there is now an excessively wide caulk line at the back of the shelf where shelf meets vertical tile. Grout width is irregular in niche due to this condition. (CJSI #11 - #12)
Investigator’s Observation - Prehearing Inspection 12/16/24: COMPLETE. Appears to meet minimum workmanship standards. (No photo)
Compliance Item 39: Vaulted ceiling seem is not flush Investigator’s Observation – JOBSITE INSPECTION 10/5/23: Insufficient evidence to substantiate that ceiling is not flush, however, poor texture and paint should be corrected in this area. Respondent should correct by appropriate methods. Investigator’s Observation – Compliance Inspection 11/30/23: NOT COMPLETE. At the time of this inspection paint in this area is either insufficient to cover or paint is inconsistent in sheen with surrounding area. (CJSI #13)
Investigator’s Observation - Prehearing Inspection 12/16/24: NOT COMPLETE. Complainant stated that the Respondent has painted the entire ceiling. However, this ceiling which is painted one color still appears to be inconsistent in the area where the vaulted ceiling adjoins. Additionally, there is sloppy, heavy paint at the skylights and some light fixtures. (Prehearing Photos #12 - #21)
Compliance Item 41: Kitchen Cabinets not installed around fridge Investigator’s Observation – JOBSITE INSPECTION 10/5/23: Cabinets have not been installed. Respondent was directed on 8/4/23 to complete the project by 9/4/23. At this time work is not complete and permit is not closed. Respondent should complete their scope of work by appropriate methods and in accordance with contract, executed change orders, specifications, drawings, building code/requirements of the local building authority (permit/inspection), manufacturer recommendations, industry and workmanship standards. Respondent should provide this Investigator with documentation of passed final permit/certificate of occupancy for the work they have performed. Investigator’s Observation – Compliance Inspection 11/30/23: NOT COMPLETE. Cabinets have been installed but damage is visible on cabinet. Hardware is not complete. Respondent has not obtained passed final inspection/certificate of occupancy. (CJSI #14)
Investigator’s Observation - Prehearing Inspection 12/16/24: NOT COMPLETE. Visible damage remains on cabinet. (Prehearing Photos #22)
Compliance Item 42: Cabinet Doors missing on Cabinets over Ovens - this is concerning since Wes is saying the company no longer makes this wood color.... Investigator’s Observation – JOBSITE INSPECTION 10/5/23: Doors have not been installed. Respondent was directed on 8/4/23 to complete the project by 9/4/23. At this time work is not complete and permit is not closed. Respondent should complete their scope of work by appropriate methods and in accordance with contract, executed change orders, specifications, drawings, building code/requirements of the local building authority (permit/inspection), manufacturer recommendations, industry and workmanship standards. Respondent should provide this Investigator with documentation of passed final permit/certificate of occupancy for the work they have performed. Investigator’s Observation – Compliance Inspection 11/30/23: NOT COMPLETE. Cabinets have been installed, however, hardware is not installed. Respondent has not obtained passed final inspection/certificate of occupancy. (CJSI Photos #15)
Investigator’s Observation - Prehearing Inspection 12/16/24: COMPLETE. Respondent has not provided passed final inspection/certificate of occupancy, however, that concern is addressed in Item #33.
Compliance Item 43: Master bathroom counters is not installed. Investigator’s Observation – JOBSITE INSPECTION 10/5/23: Counter has not been installed. Respondent was directed on 8/4/23 to complete the project by 9/4/23. At this time work is not complete and permit is not closed. Respondent should complete their scope of work by appropriate methods and in accordance with contract, executed change orders, specifications, drawings, building code/requirements of the local building authority (permit/inspection), manufacturer recommendations, industry and workmanship standards. Respondent should provide this Investigator with documentation of passed final permit/certificate of occupancy for the work they have performed. Investigator’s Observation – Compliance Inspection 11/30/23: NOT COMPLETE. Counters have been installed, however, Respondent has not obtained passed final inspection/certificate of occupancy. (No photo)
Investigator’s Observation - Prehearing Inspection 12/16/24: COMPLETE. Respondent has not provided passed final inspection/certificate of occupancy, however, that concern is addressed in Item #33.
Compliance Item 44: there is a hole on the exterior of the house on the exterior of the south side of the kitchen. Investigator’s Observation – JOBSITE INSPECTION 10/5/23: South side hole was corrected, however, penetration in brick work needs to be sealed by appropriate methods. Investigator’s Observation – Compliance Inspection 11/30/23: COMPLETE. Hole has been addressed. (No photo)
Compliance Item 45: The laundry room sink and kitchen sink drains are not flush and they pool water Investigator’s Observation – JOBSITE INSPECTION 10/5/23: Both drains are significantly elevated from sink basin. Respondent should correct this condition in all locations by appropriate methods. Investigator’s Observation – Compliance Inspection 11/30/23: COMPLETE. Drains have been corrected. (No photo)
Compliance Item 46: They have not installed the laundry room hanging bar per plans Investigator’s Observation – JOBSITE INSPECTION 10/5/23: Parties agree bar is shown on plans. Bar has not been installed. Respondent was directed on 8/4/23 to complete the project by 9/4/23. At this time work is not complete and permit is not closed. Respondent should complete their scope of work by appropriate methods and in accordance with contract, executed change orders, specifications, drawings, building code/requirements of the local building authority (permit/inspection), manufacturer recommendations, industry and workmanship standards. Respondent should provide this Investigator with documentation of passed final permit/certificate of occupancy for the work they have performed. Investigator’s Observation – Compliance Inspection 11/30/23: NOT COMPLETE. Bar is in place, however, Respondent has not obtained passed final inspection/certificate of occupancy. (No photo)
Investigator’s Observation - Prehearing Inspection 12/16/24: COMPLETE. Respondent has not provided passed final inspection/certificate of occupancy, however, that concern is addressed in Item #33.
6. After the inspection of November 30, 2023, the Registrar issued a Citation to Respondent, dated December 15, 2023, for the alleged violation of the following:
a. A.R.S. § 32-1154(A)(3) (violation of Arizona Administrative Code Rule 4-9-108(a) for failure to perform work in a professional and workmanlike manner);
b. A.R.S. § 32-1154(A)(22) (failure to perform corrective action without valid justification).
7. The Registrar referred the matter to the Office of Administrative Hearings, an independent state agency, for an evidentiary hearing for February 16, 2024. At the hearing, Complainant Jeina Garvin testified on her own behalf and presented the testimony of Tim Garvin; Respondent presented the testimony of Praveen Puranam, President. Lisa Melton, the Registrar Investigator (“Investigator”), testified on behalf of the Registrar. Neither party submitted exhibits to this Tribunal. Unsolicited and untimely document submissions by Complainant after the hearing were not considered by the Tribunal.
8. The Investigator testified on behalf of the Registrar consistently with her findings contained in the Directives and his job inspection notes. Specifically, she testified that she performed a pre-hearing inspection the day of the subject hearing and determined that Complaint item numbers 7, 9, 11, 13, 22, 24, 25, 33, 39, and 41 were not satisfactorily corrected by Respondent.
9. Complainant Jeina Garvin testified, as herein relevant to the Citation, that she was still waiting for a Certificate of Occupancy and that the work had not passed the recent inspection by the city. She stated she knew nothing about items that were supposedly her responsibility in order to pass inspection.
10. Tim Garvin, Complainant’s husband, testified on behalf of Complainant that he agreed with everything testified to by Complainant and the Investigator.
11. Praveen Puranam testified on behalf of Respondent, as herein relevant to the Citation, that he had workers on the project constantly and that he believed all items on the list had been finished. As one example, he stated Respondent tried to fix ceiling three times even though the Investigator considered the item uncorrected.
12. Wes McIntyre, project manager, testified on behalf of Respondent, as herein relevant to the Citation, that the final inspection was performed by the city yesterday but that it did not pass due to five items, three of which were the responsibility of Respondent and two that were the responsibility of Complainant. He stated Respondent took care of its three items that very day, but that Complainant still had to remedy a paver issue (work not performed by Respondent) and provide a letter that a shower pan installed by Respondent was not ponding.
He further testified that he believed all the Directive items were corrected and that photographs had been taken to substantiate such correction but had not been submitted to this Tribunal. The Tribunal denied Respondent’s untimely request to submit these photographs after the hearing.
13. Administrative notice is taken of the Registrar’s public website which reflects Respondent was first issued License Number 334789 on September 16, 2021. The site also reflects one Open case, no Disciplined cases, and no Resolved/Settled cases. The Registrar’s public website also reflects Respondent was first issued License Number 338846 on June 17, 2022, and reflects no Open cases, no Disciplined cases, and no Resolved/Settled cases.
CONCLUSIONS OF LAW
1. The Registrar has jurisdiction over this matter, pursuant to A.R.S. § 32-1101, et seq., which authorizes the Registrar to impose disciplinary sanctions against licenses for violations of A.R.S. § 32-1154.
2. The burden of proof at an administrative hearing falls to the party asserting a claim, right, or entitlement and the standard of proof on all issues in these matters is by preponderance of the evidence. See Arizona Administrative Code Rule 2-19-119.
3. To warrant sanctions by the Registrar, Complainant must demonstrate by a preponderance of the evidence that Respondent violated the statutory section cited. Proof by a “preponderance” means that “the evidence is sufficient to persuade the finder of fact that the proposition is more likely true than not.” In re: Arnold and Baker Farms, 177 B. R. 648 (9th Cir. BAP (Ariz.) 1994). See also Culpepper v. State of Arizona, 187 Ariz. 431, 930 P.2d 508 (App. 1996). It is “evidence which is of greater weight or more convincing than the evidence which is offered in opposition to it; that is, evidence which as a whole shows that the fact sought to be proved is more probable than not.” BLACK’S LAW DICTIONARY 1182 (Rev. 6th ed. 1990).
4. A.R.S. § 32-1154(A) includes in pertinent part among the grounds for suspension, revocation, or other disciplinary action against a contractor’s license, the following that were included in the Citation:
3. Violation of any rule adopted by the registrar.
...
22. Failure to take appropriate corrective action to comply with his 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.....
5. With regard to the “violation of any rule adopted by the registrar” under A.R.S. § 32-1154(A)(3) referenced in the Citation, the rule allegedly violated in this case is Arizona Administrative Code Rule 4-9-108(A) which requires that “[a] contractor shall perform all work in a professional and workmanlike manner,”
6. A.R.S. § 32-1154(A)(3). Complainant has presented sufficient evidence to establish that Respondent failed to perform work in a professional and workmanlike manner in violation of Arizona Administrative Code Rule 4-9-108(a). While Respondent resolved a majority of the Directive items, there was no documentary evidence presented to refute the observations of and the photographs taken by the Investigator concerning the other Directive items that were not corrected.
7. A.R.S. § 32-1154(A)(22). Complainant has presented sufficient evidence to establish that Respondent failed to fully perform corrective action without a valid justification. Respondent contended it had corrected all the Directive items, and therefore it did not present evidence of a valid justification for failing to perform such work.
8. Accordingly, the Tribunal finds that Complainant has established that Respondent’s licenses should be disciplined for a violation of § 32-1154(A)(3) with regard to Complaint item numbers 7, 9, 11, 13, 22, 24, 25, 33, 39, and 41, and a violation of A.R.S. § 32-1154(A)(22).
RECOMMENDED ORDER
Based on the foregoing, it is recommended that on the effective date of this Order, Custom Creative Marble and Granite, Inc.’s, License Numbers 334789 and 338846 are suspended for two (2) days.
IT IS FURTHER RECOMMENDED that pursuant to A.R.S. § 32-1154(E), Respondent must pay to the Registrar a civil penalty of $250.00 in certified funds on or before 30 days from the effective date of this Order.
IT IS FURTHER RECOMMENDED that if Respondent fails to pay the entire amount of the civil penalty on or before thirty days following the effective date of the Registrar’s final order, the Registrar revoke Respondent’s license, effective on such deadline date. No future license shall be issued to any entity consisting of persons associated with Respondent, as defined in A.R.S. § 32-1101(A)(5), unless Respondent tenders payment of the outstanding prior civil penalty.
Pursuant to A.R.S. § 41-1092.08(I), the licensee may accept the Administrative Law Judge Decision by advising the Office of Administrative Hearings in writing not more than ten (10) days after receiving the decision. If the licensee accepts the Administrative Law Judge Decision, the decision shall be certified as the final decision by the Office of Administrative Hearings.
In the event of certification of the Administrative Law Judge Decision by the Director of the Office of Administrative Hearings, the effective date of the Order will be forty (40) days from the date of that certification.
Done this day, March 7, 2024.
/s/ Roger A. Geddes
Administrative Law Judge
Tom Cole
Director
Registrar of Contractors
c/o Legal Department
1700 W. Washington Street, Suite 105
Phoenix, AZ 85007
[email redacted]
Custom Creative Marble and Granite Inc., Respondent
dba Custom Creative Remodeling,
8260 E Raintree Dr., Ste. 7
Scottsdale, AZ 852060
[email redacted]
Jeina Garvin, Complainant
8543 E Camelback Rd.
Scottsdale, AZ 85251
[email redacted]
John L. Lohr Jr., Esq.
Hymson Goldstein Pantiliat & Lohr PLLC, Counsel for Complainant
14500 N. Northsight Blvd., Ste. 101
Scottsdale, AZ 85260
[email redacted]
By: OAH Staff