2023A-05528-CHC-ROC Notice of Hearing and Packet MAILED
2023A-05528-CHC-ROC · Registrar of Contractors · 2023-10-03
REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Maria Fajardo , Case No. 2023-05528 COMPLAINANT, Docket No. 2023A-05528-CHC-ROC v. NOTICE OF HEARING ON Atlas Construction Group LLC CONTESTED CASE DBA: Camelback Roofing License No. ROC 295244, RESPONDENT.
This Notice of Hearing is issued under A.R.S. § 41-1092.05(D). HEARING INFORMATION The hearing is set for: October 31, 2023 1:00 PM 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 September 8, 2023.
SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED The complaint and citation allege that the Respondent committed the following act(s):
Charge: 1 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Charge: 2 A.R.S. § 32-1154(A)(22)
THE PARTIES TO THE ADMINISTRATIVE HEARING Because Respondent is a licensee and is charged with an act(s) or omission(s) that is cause for the suspension or revocation of a license, Respondent is a party to this case and will be a party to the hearing. Because Complainant alleged Respondent committed an act(s) or omission(s) that is cause for the suspension or revocation of a license, Complainant is a party to this case and will be a party to the hearing. Respondent and Complainant, as the parties to the hearing, will present evidence and argument to the administrative law judge. The Registrar’s assigned investigator will appear as a witness at the hearing.
RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney.
A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented
by an officer or employee if that person satisfies the conditions set forth in A.R.S. § 32-
1156(B).
CHANGE OF ADDRESS Each party must inform the Registrar and the Office of Administrative Hearings of
any change of address within five (5) days of the change. A.R.S. § 41-1092.04.
HEARING PROCEDURES AND RULES The administrative hearing will be conducted in accordance with A.R.S. §§ 41-1092
to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and
processes governing the administrative hearing. Copies of the statutes, rules, and articles
regarding the administrative hearing process can be found at https://www.azoah.com/.
REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE The Registrar’s investigators, employees, and attorneys will appear at the hearing via video conference or telephone unless requested by a party to appear in-person. Requests for the Registrar’s investigators, employees, or attorneys to appear in-person must be filed with the Registrar and the Office of Administrative Hearings no later than seven (7) calendar days prior to the hearing date. HEARING PACKET In the interests of administrative efficiency, the Registrar compiles and discloses certain documents to the parties and the Office of Administrative Hearings. These documents are attached to this Notice of Hearing as the “Hearing Packet.” If any party wishes to submit additional evidence, they must do so during the hearing after completing a disclosure statement. See “Disclosure Statement” section below.
SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS The parties to the hearing must be prepared to present evidence in support of their case. If a party wants to obtain testimony from a witness or documents not in the party’s possession, the party must prepare and file a written subpoena for the Administrative Law Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com. The party seeking a subpoena must serve notice on all the parties to the hearing, and on the Registrar. A.R.S. § 41-1092.04. DISCLOSURE STATEMENT At least seven calendar days before the hearing, each party must prepare and serve a disclosure statement on all other parties, and file it with the Office of Administrative Hearings. A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the party will use at the hearing. A party’s failure to timely disclose any witness or exhibit, without good cause, may result in the administrative law judge excluding those witnesses or exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is available on the Registrar’s website at https://roc.az.gov/content/prehearing-disclosure- statement.
CHANGING THE HEARING DATE
The date of the hearing may only be advanced or delayed on the agreement of the
parties or on a showing of good cause. A.R.S. § 41-1092.05(C). The date of the hearing may
be changed by filing a written agreement of the parties to change the date of the hearing. The
written agreement must be filed with the Office of Administrative Hearings, directed to the
assigned Administrative Law Judge, and transmitted to the Registrar and all other parties. The
assigned Administrative Law Judge may be found on the Office of Administrative Hearings’
web portal at www.azoah.com
If a party would like to move the date of the hearing without agreement of all parties, the party must file a written motion with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmit a copy to the Registrar and all other parties. The motion must state in detail good cause for why the date of the hearing should be advanced or delayed, and the position of all other parties regarding the advancement or delay. A party may also file a motion asserting a right to an expedited hearing upon a showing of extraordinary circumstances or the possibility of irreparable harm. A.R.S. § 41-1092.05(E).
RESOLUTION SHORT OF ADJUDICATION
In any case which is resolved or settled by the parties, or which is withdrawn by the
Complainant without objection from Respondent after the Notice of Hearing is issued, the
parties must notify the Office of Administrative Hearings of the resolution or settlement. Any
such cases will be listed on the Registrar’s website and its records under the category: “Closed
Complaints – Resolved/Settled/Withdrawn.”
Dated September 28, 2023.
By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail September 28, 2023 to: Respondent(s) Atlas Construction Group LLC DBA: Camelback Roofing 8114 E Clarendon Ave Scottsdale, AZ 85251 Complainant(s) Maria Fajardo 460 N Macnab Dr Nogales, AZ 85621
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. 2023-05528 /
Douglas A. Ducey, Governor Jeffrey L. Fleetham, 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
Douglas A. Ducey, Governor Jeffrey L. Fleetham, 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
Douglas A. Ducey, Governor Jeffrey L. Fleetham, 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: MARIA FAJARDO 460 N MACNAB DR Nogales, AZ 85621
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: Atlas Construction Group LLC DBA: Camelback Roofing 8114 E Clarendon Ave Scottsdale, AZ 85251
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 23, 2023
Jobsite Inspection Notice Re: Complaint Number 2023-05528
Dear Complainant and Respondent:
A formal complaint has been filed with the Arizona Registrar of Contractors.
A jobsite inspection is scheduled for June 27, 2023 at 9:30 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.
COMPLAINANT: 1. Under A.R.S. § 32-1155(D)(1), the Respondent must be allowed, upon request, the opportunity to inspect the work complained of within fifteen (15) days of receiving this notice. If Respondent is not provided an opportunity to inspect the work within the fifteen (15) day time period, the Registrar may be prohibited from taking further action on this complaint. 2. The Registrar may also be precluded from taking further action on this complaint, if the work that is the subject of the complaint is subject to neglect, modification, or abnormal use. A.R.S. § 32-1155(D)(2) 3. You must provide safe access to any area to be inspected. If access to a roof or other elevated area is required, you must provide a means to safely access the area (ladder or manlift as appropriate). Additionally, please secure any animals.
RESPONDENT: 1. Enclosed is a copy of the complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity to inspect the work complained of within fifteen days of the date of receipt of this notice. 2. To assist the assigned investigator in evaluating the merits of the complaint, please submit a response to the enclosed complaint to the assigned investigator prior to the scheduled inspection. 3. If you do not attend the jobsite inspection, your absence may negatively impact the investigation, and your interests. 4. If a building permit(s) was required for this project, please have the building permit information available at the jobsite inspection. If either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Katie Hobbs, Governor Martín Quezada, Director
If the parties resolve the complaint prior to the inspection, please notify the assigned investigator in writing and by phone as soon as possible.
Sincerely, Gregory Johndrow Gregory Johndrow, Investigator #195 (520) 628-6896 [email redacted] 1700 W. Washington St., Ste. 105 Phoenix, Arizona 85007
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Katie Hobbs, Governor Martín Quezada, Director
A Guide to Jobsite Inspections
Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license alleging poor workmanship, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.
Jobsite Inspection Rights and Responsibilities Access to inspect: The property owner has complete control over who they allow on the property. However, if the Registrar’s investigator or the contractor cannot inspect the work, the Registrar will not move forward with a citation.
Cooperation: Arizona law enables injured parties to seek relief for damages through several paths. When dealing with a licensed contractor, the Registrar of Contractors’ administrative complaint process may serve as one of those possible paths. However, in order to use that path, the Registrar relies on the cooperation of all parties to a complaint.
Minimum workmanship: The Registrar investigates workmanship complaints for compliance with minimum workmanship and professional industry standards. The Registrar does not issue citations for work that meets these standards.
Scope: The scope of the Jobsite Inspection is limited to items listed in the complaint filed with the Registrar’s office. It is the complainant’s responsibility to point out the complaint item(s) and the Investigators role to review the item(s). If the complainant identifies additional workmanship items not listed in the original complaint, they must file an addendum to the complaint. The Registrar’s Investigator may identify additional administrative violations by the contractor (e.g. work performed out of scope of the license and failure to provide a contract that meets requirements set by Arizona law) at the time of the inspection.
The Role of the Investigator At the Jobsite Inspection, the Registrar’s investigator will: ● Only investigate the items listed on the complaint form filed with the Registrar. ● Will gather evidence to make an informed decision about the complaint items.
What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will leave the jobsite and review the evidence provided during the inspection. Generally, the investigator does not make any determination at the time of the jobsite inspection regarding whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.
Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Katie Hobbs, Governor Martín Quezada, Director
A Guide to Written Directives Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.
What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will determine whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.
Written Directives Access: In order to use the administrative process offered by the Registrar, a property owner must provide reasonable access to allow the contractor to fix their work as directed by the Registrar in a Written Directive. Complainants may not put any additional, unnecessary restrictions on the Respondent above and beyond the initial contract requirements agreed upon at the beginning of the project. Respondents are required to make repairs on items identified on any Written Directive, not otherwise restricted by local code or HOA limitations. Complainants must make access available to the Respondent to make the required repairs and failure to provide reasonable access may result in the Registrar dismissing the complaint.
Contractor obligations: The Written Directive will set a deadline for compliance. This is the period of time determined by the Investigator as necessary to complete the items listed in the Directive. ● The deadline for compliance assumes the contractor will promptly begin working on the items listed in the Directive. ● Do not wait. Both parties should communicate quickly to schedule the work.
Extensions: If good cause exists to extend this deadline, either party may submit a written request to the Investigator. The Registrar will review requests for extension and determine if the Directive should be extended.
Manner and method of performance: The Registrar does not provide specific instructions for how to correct poor work. A licensed contractor is expected to have the skill and professionalism to complete the work. Moreover, the complainant may not dictate the manner of repair. If the contractor fails to appropriately correct the work according to the contract, the Registrar will issue a citation.
Compliance Inspection: After the Written Directive expires, the Registrar’s Investigator will contact the complainant to determine if the contractor performed any corrective work. ● If the contractor did corrective work, the Investigator may schedule a Compliance Inspection to determine if the poor work is corrected. ● If the contractor did not perform any corrective work, the Registrar’s Investigator will not do a Compliance Inspection and will determine whether to issue a citation based on the administrative record.
Work performed after the directive ends: After the Directive period ends, a property owner may choose to allow the contractor to continue its work. The Registrar encourages parties to work cooperatively, but cannot 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Katie Hobbs, Governor Martín Quezada, Director
require a homeowner to continue to allow a contractor access to the property after the Directive period ends in order for the administrative process to continue. Denying access after the Directive ends is not grounds to close or dismiss a complaint.
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 Arizona Registrar of Contractors Jobsite Inspection Notes Case No.: 2023-05528 Investigator: Greg Johndrow #195 Inspection Date: 6/27/2023 Inspection Time: 9:30 AM
Complainant: Maria Fajardo Respondent: Atlas Construction Group LLC
Overview of project: New roof installation General Notes: The site inspection was performed on this date and time. In attendance with the complainant was Julio Navarro, Ricardo Valdez and Art Serrano. The respondent was not present for this inspection. Photos taken with agency issued Canon PowerShot ELPH180. Audio recorded with agency issued Olympus recorder.
Complaint Item 1: “Roll up was not glued /nailed properly all around the roof” Investigator’s Observations: Verified. The complainant pointed out and showed the roofing material is loose and not adhered in multiple location around the perimeter of the roof along the drip edge. Reference Pictures: 3,5,7,8,9,11,12,13 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.
Complaint Item 2: “Roll up not cut correctly overlapping on the edge of roof” Investigator’s Observations: Verified. The complainant pointed out and showed the roofing material that is installed past the drip edge and not trimmed flush. The condition was observed in multiple locations around the perimeter of the residence. Reference Pictures: 4,8,10,11 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.
Complaint Item 3: “There's a hole in underneath the porch overhang and wood misplaced in the same area” Investigator’s Observations: Verified. The complainant pointed out and showed the hole in the roof decking located on the overhang at the front entry and the poorly attached blocking used to support the roof decking. Reference Pictures: 6 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.
Complaint Item 4: “Incorrect fascia untreated wood was installed” Investigator’s Observations: This allegation is NOT verified. There is no specification for the type of fascia to be used. Governing Rule: N/A
Complaint Item 5: “45 Degree angle cuts on wood were not made” Investigator’s Observations: Verified. The locations where the fascia meets or intersects other pieces of fascia was not mitered and does not meet industry standards. Reference Pictures: 13,19,20,22,23,25,26,27, 28,35,37,38,39,40,42,43,44, Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner. RCC100 11/14
Arizona Registrar of Contractors Jobsite Inspection Notes Governing Rule: R4-9-108 (B): 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.
Complaint Item 6: “fascia strip 1 x 2 was not installed” Investigator’s Observations: This allegation is NOT verified. There is no specification for a 1x2 fascia strip. Governing Rule: N/A
Complaint Item 7: “Wood is nailed incorrectly all around - Too much pressure on nail gun cracked the fascia and wood inside the ceiling of the house” Investigator’s Observations: Verified. The complainant pointed out and showed the cracks in the fascia where the fasteners were placed and the tips of the fasteners which were over driven through the finished tongue and groove ceiling inside the residence. Reference Pictures: 43,44,46-49,51-59 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.
Complaint Item 8: “Fascia Trim was nailed incorrectly (Degree Angle)” Investigator’s Observations: Verified. The complainant pointed out and showed multiple areas where the fasteners used to install the fascia have missed the intended framing member or have splintered the framing member due to the incorrect angle of the nailing. Reference Pictures: 32-34 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.
Complaint Item 9: “Sunken area near the AC unit” Investigator’s Observations: Verified. The complainant pointed out and showed a sunken / dip in the roof between the AC unit and the front edge of the roof above the front entry. Reference Pictures: 24 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.
Complaint Item 10: “All fascia Wood is crooked/cracked” Investigator’s Observations: Verified. The fascia was observed to be twisted, warped and cracked. These conditions were noted around the entire residence. Reference Pictures: 22,23,25-28,30,31,35-45 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.
Complaint Item 11: “Parts of the roof is missing facia Wood -Not complete” Investigator’s Observations: Verified. The complainant pointed out and showed several locations located at the back of the residence that did not receive the fascia or the 1x4 material. Reference Pictures: 13 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.
Complaint Item 12: “Still hear a Leak on the Roof” Investigator’s Observations: This allegation is NOT verified. The complainant was unable to demonstrate the leak at the time of the site inspection. Governing Rule: N/A RCC100 11/14
Arizona Registrar of Contractors Jobsite Inspection Notes
Complaint Item 13: “Unsatisfied with the overall job” Investigator’s Observations: This statement by the complainant does not implicate a specific workmanship issue, or a violation of A.R.S. § 32-1154(A). Governing Rule: N/A
ADDITIONAL VIOLATIONS In addition to the allegations in the complaint, the following violations were verified:
Warning Letter: Elements of a Contract. Governing Rule: A.R.S. § 32-1154(A)(12), Namely A.R.S. § 32-1158(A) Minimum Elements of a Contract.
RCC100 11/14
Picture 1 Jobsite Inspection Photos
Case: 2023-05528 Date: 6-27-2023 Address: 460 N Macnab Dr; Nogales, AZ 85621 Picture 2 Jobsite Inspection Photos
Case: 2023-05528 Date: 6-27-2023 Address: 460 N Macnab Dr; Nogales, AZ 85621 Picture 3 Jobsite Inspection Photos
Case: 2023-05528 Date: 6-27-2023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Poor adhesion of the roofing material above the drip edge. Picture 4 Jobsite Inspection Photos
Case: 2023-05528 Date: 6-27-2023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Roofing material overhanging past the drip edge. Picture 5 Jobsite Inspection Photos
Case: 2023-05528 Date: 6-27-2023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Poor adhesion of the roofing material above the drip edge. Picture 6 Jobsite Inspection Photos
Case: 2023-05528 Date: 6-27-2023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Hole in the roof decking noted on a front patio. Picture 7 Jobsite Inspection Photos
Case: 2023-05528 Date: 6-27-2023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Poor adhesion of the roofing material above the drip edge. Picture 8 Jobsite Inspection Photos
Case: 2023-05528 Date: 6-27-2023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Poor adhesion of the roofing material above the drip edge. Picture 9 Jobsite Inspection Photos
Case: 2023-05528 Date: 6-27-2023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Poor adhesion of the roofing material above the drip edge. Picture 10 Jobsite Inspection Photos
Case: 2023-05528 Date: 6-27-2023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Roofing material overhanging past the drip edge. Picture 11 Jobsite Inspection Photos
Case: 2023-05528 Date: 6-27-2023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Poor adhesion of the roofing material above the drip edge. Picture 12 Jobsite Inspection Photos
Case: 2023-05528 Date: 6-27-2023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Poor adhesion of the roofing material above the drip edge. Picture 13 Jobsite Inspection Photos
Case: 2023-05528 Date: 6-27-2023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Poor adhesion of the roofing material above the drip edge. Missing one by material at the drip edge. Picture 14 Jobsite Inspection Photos
Case: 2023-05528 Date: 6-27-2023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Overview of the roof. Picture 15 Jobsite Inspection Photos
Case: 2023-05528 Date: 6-27-2023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Overview of the roof. Picture 16 Jobsite Inspection Photos
Case: 2023-05528 Date: 6-27-2023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Overview of the roof. Picture 17 Jobsite Inspection Photos
Case: 2023-05528 Date: 6-27-2023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Overview of the roof. Picture 18 Jobsite Inspection Photos
Case: 2023-05528 Date: 6-27-2023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Overview of the fascia. Picture 19 Jobsite Inspection Photos
Case: 2023-05528 Date: 6-27-2023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Overview of the poor work on the fascia, the inconsistent dimensions between the 2 fascia boards. Picture 20 Jobsite Inspection Photos
Case: 2023-05528 Date: 6-27-2023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Dimensional differences in the size of the fascia board. Picture 21 Jobsite Inspection Photos
Case: 2023-05528 Date: 6-27-2023 Address: 460 N Macnab Dr; Nogales, AZ 85621 Picture 22 Jobsite Inspection Photos
Case: 2023-05528 Date: 6-27-2023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Misaligned fascia board in the front of the residence. Picture 23 Jobsite Inspection Photos
Case: 2023-05528 Date: 6-27-2023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Gaps between the 1x4 materials used under the roofing drip edge. Picture 24 Jobsite Inspection Photos
Case: 2023-05528 Date: 6-27-2023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Dip in the roof line between the AC unit and the edge of the roof above the front entry. Picture 25 Jobsite Inspection Photos
Case: 2023-05528 Date: 6-27-2023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Poor work on fascia and 1x4 material. Picture 26 Jobsite Inspection Photos
Case: 2023-05528 Date: 6-27-2023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Twisted Fascia material. Picture 27 Jobsite Inspection Photos
Case: 2023-05528 Date: 6-27-2023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Dimensional differences in the facial material used. For installation does not meet industry standard. Picture 28 Jobsite Inspection Photos
Case: 2023-05528 Date: 6-27-2023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Poorly installed fascia material and 1x 4 material. Roofing material filled in with unknown sealant to the fascia. Picture 29 Jobsite Inspection Photos
Case: 2023-05528 Date: 6-27-2023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Roofing material overhanging past the drip edge and poorly adhered to the top of the drip edge. Picture 30 Jobsite Inspection Photos
Case: 2023-05528 Date: 6-27-2023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Poorly installed blocking to hold up the roof decking. Picture 31 Jobsite Inspection Photos
Case: 2023-05528 Date: 6-27-2023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Poorly installed fascia. Picture 32 Jobsite Inspection Photos
Case: 2023-05528 Date: 6-27-2023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Exposed nails on the backside of the fascia. Picture 33 Jobsite Inspection Photos
Case: 2023-05528 Date: 6-27-2023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Nails used for the attachment of the fascia that missed the framing members. Picture 34 Jobsite Inspection Photos
Case: 2023-05528 Date: 6-27-2023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Splintered rafters due to poorly nailed fascia. Picture 35 Jobsite Inspection Photos
Case: 2023-05528 Date: 6-27-2023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Twisted and poorly installed fascia. Picture 36 Jobsite Inspection Photos
Case: 2023-05528 Date: 6-27-2023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Differences between the new and the existing fascia. Picture 37 Jobsite Inspection Photos
Case: 2023-05528 Date: 6-27-2023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Twisted and poorly installed fascia. Picture 38 Jobsite Inspection Photos
Case: 2023-05528 Date: 6-27-2023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Twisted and poorly installed fascia. Picture 39 Jobsite Inspection Photos
Case: 2023-05528 Date: 6-27-2023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Poorly installed fascia. Picture 40 Jobsite Inspection Photos
Case: 2023-05528 Date: 6-27-2023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Twisted and poorly installed fascia. Picture 41 Jobsite Inspection Photos
Case: 2023-05528 Date: 6-27-2023 Address: 460 N Macnab Dr; Nogales, AZ 85621 Picture 42 Jobsite Inspection Photos
Case: 2023-05528 Date: 6-27-2023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Poorly installed fascia does not meet the existing framing members of the roof. Picture 43 Jobsite Inspection Photos
Case: 2023-05528 Date: 6-27-2023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Pork quality 1x4 material used under the drip edge of the roof. Picture 44 Jobsite Inspection Photos
Case: 2023-05528 Date: 6-27-2023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Cracked and damaged 1x 4 material used under the drip edge. Picture 45 Jobsite Inspection Photos
Case: 2023-05528 Date: 6-27-2023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Dimensional differences and poorly installed fascia. Picture 46 Jobsite Inspection Photos
Case: 2023-05528 Date: 6-27-2023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Roofing nails overdriven through the finished tongue and groove ceiling, inside the residence. Picture 47 Jobsite Inspection Photos
Case: 2023-05528 Date: 6-27-2023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Roofing nails overdriven through the finished tongue and groove ceiling, inside the residence. Picture 48 Jobsite Inspection Photos
Case: 2023-05528 Date: 6-27-2023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Roofing nails overdriven through the finished tongue and groove ceiling, inside the residence. Picture 49 Jobsite Inspection Photos
Case: 2023-05528 Date: 6-27-2023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Roofing nails overdriven through the finished tongue and groove ceiling, inside the residence. Picture 50 Jobsite Inspection Photos
Case: 2023-05528 Date: 6-27-2023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Tongue in groove replacement boards installed with rough side down. Picture 51 Jobsite Inspection Photos
Case: 2023-05528 Date: 6-27-2023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Roofing nails overdriven through the finished tongue and groove ceiling, inside the residence. Picture 52 Jobsite Inspection Photos
Case: 2023-05528 Date: 6-27-2023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Roofing nails overdriven through the finished tongue and groove ceiling, inside the residence. Picture 53 Jobsite Inspection Photos
Case: 2023-05528 Date: 6-27-2023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Roofing nails overdriven through the finished tongue and groove ceiling, inside the residence. Picture 54 Jobsite Inspection Photos
Case: 2023-05528 Date: 6-27-2023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Roofing nails overdriven through the finished tongue and groove ceiling, inside the residence. Picture 55 Jobsite Inspection Photos
Case: 2023-05528 Date: 6-27-2023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Roofing nails overdriven through the finished tongue and groove ceiling, inside the residence. Picture 56 Jobsite Inspection Photos
Case: 2023-05528 Date: 6-27-2023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Roofing nails overdriven through the finished tongue and groove ceiling, inside the residence. Picture 57 Jobsite Inspection Photos
Case: 2023-05528 Date: 6-27-2023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Roofing nails overdriven through the finished tongue and groove ceiling, inside the residence. Picture 58 Jobsite Inspection Photos
Case: 2023-05528 Date: 6-27-2023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Roofing nails overdriven through the finished tongue and groove ceiling, inside the residence. Picture 59 Jobsite Inspection Photos
Case: 2023-05528 Date: 6-27-2023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Roofing nails overdriven through the finished tongue and groove ceiling, inside the residence. Complainant: MARIA FAJARDO 460 N MACNAB DR Nogales, AZ 85621
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: Atlas Construction Group LLC DBA: Camelback Roofing 8114 E Clarendon Ave Scottsdale, AZ 85251
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 July 17, 2023
License No. ROC 295244
Re: Complaint No. 2023-05528
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 August 4, 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:
Complaint Item 1: “Roll up was not glued /nailed properly all around the roof” Investigator’s Observations: Verified. The complainant pointed out and showed the roofing material is loose and not adhered in multiple location around the perimeter of the roof along the drip edge. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.
Complaint Item 2: “Roll up not cut correctly overlapping on the edge of roof” Investigator’s Observations: Verified. The complainant pointed out and showed the roofing material that is installed past the drip edge and not trimmed flush. The condition was observed in multiple locations around the perimeter of the residence. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.
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 Complaint Item 3: “There's a hole in underneath the porch overhang and wood misplaced in the same area” Investigator’s Observations: Verified. The complainant pointed out and showed the hole in the roof decking located on the overhang at the front entry and the poorly attached blocking used to support the roof decking. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.
Complaint Item 5: “45 Degree angle cuts on wood were not made” Investigator’s Observations: Verified. The locations where the fascia meets or intersects other pieces of fascia was not mitered and does not meet industry standards. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner. Governing Rule: R4-9-108 (B): 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.
Complaint Item 7: “Wood is nailed incorrectly all around - Too much pressure on nail gun cracked the fascia and wood inside the ceiling of the house” Investigator’s Observations: Verified. The complainant pointed out and showed the cracks in the fascia where the fasteners were placed and the tips of the fasteners which were over driven through the finished tongue and groove ceiling inside the residence. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.
Complaint Item 8: “Fascia Trim was nailed incorrectly (Degree Angle)” Investigator’s Observations: Verified. The complainant pointed out and showed multiple areas where the fasteners used to install the fascia have missed the intended framing member or have splintered the framing member due to the incorrect angle of the nailing. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.
Complaint Item 9: “Sunken area near the AC unit” Investigator’s Observations: Verified. The complainant pointed out and showed a sunken / dip in the roof between the AC unit and the front edge of the roof above the front entry. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.
Complaint Item 10: “All fascia Wood is crooked/cracked” Investigator’s Observations: Verified. The fascia was observed to be twisted, warped and cracked. These conditions were noted around the entire residence. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complaint Item 11: “Parts of the roof is missing facia Wood -Not complete” Investigator’s Observations: Verified. The complainant pointed out and showed several locations located at the back of the residence that did not receive the fascia or the 1x4 material. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.
ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:
Complaint Item 4: “Incorrect fascia untreated wood was installed” Investigator’s Observations: This allegation is NOT verified. There is no specification for the type of fascia to be used. Governing Rule: N/A
Complaint Item 6: “fascia strip 1 x 2 was not installed” Investigator’s Observations: This allegation is NOT verified. There is no specification for a 1x2 fascia strip. Governing Rule: N/A
Complaint Item 12: “Still hear a Leak on the Roof” Investigator’s Observations: This allegation is NOT verified. The complainant was unable to demonstrate the leak at the time of the site inspection. Governing Rule: N/A
Complaint Item 13: “Unsatisfied with the overall job” Investigator’s Observations: This statement by the complainant does not implicate a specific workmanship issue, or a violation of A.R.S. § 32-1154(A). Governing Rule: N/A
Please direct all questions regarding this Directive to the undersigned Investigator.
Sincerely,
Gregory Johndrow Gregory Johndrow, Investigator #195 (520) 628-6896 [email redacted] 1700 W. Washington St., Ste. 105 Phoenix, Arizona 85007
CC: Complainant 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complainant: MARIA FAJARDO 460 N MACNAB DR Nogales, AZ 85621
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: Atlas Construction Group LLC DBA: Camelback Roofing 8114 E Clarendon Ave Scottsdale, AZ 85251
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 August 15, 2023
License No. ROC 295244
Re: Complaint No. 2023-05528
AMENDED 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 August 28, 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:
Complaint Item 1: “Roll up was not glued /nailed properly all around the roof” Investigator’s Observations: Verified. The complainant pointed out and showed the roofing material is loose and not adhered in multiple location around the perimeter of the roof along the drip edge. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.
Complaint Item 2: “Roll up not cut correctly overlapping on the edge of roof” Investigator’s Observations: Verified. The complainant pointed out and showed the roofing material that is installed past the drip edge and not trimmed flush. The condition was observed in multiple locations around the perimeter of the residence. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.
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 Complaint Item 3: “There's a hole in underneath the porch overhang and wood misplaced in the same area” Investigator’s Observations: Verified. The complainant pointed out and showed the hole in the roof decking located on the overhang at the front entry and the poorly attached blocking used to support the roof decking. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.
Complaint Item 5: “45 Degree angle cuts on wood were not made” Investigator’s Observations: Verified. The locations where the fascia meets or intersects other pieces of fascia was not mitered and does not meet industry standards. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner. Governing Rule: R4-9-108 (B): 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.
Complaint Item 7: “Wood is nailed incorrectly all around - Too much pressure on nail gun cracked the fascia and wood inside the ceiling of the house” Investigator’s Observations: Verified. The complainant pointed out and showed the cracks in the fascia where the fasteners were placed and the tips of the fasteners which were over driven through the finished tongue and groove ceiling inside the residence. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.
Complaint Item 8: “Fascia Trim was nailed incorrectly (Degree Angle)” Investigator’s Observations: Verified. The complainant pointed out and showed multiple areas where the fasteners used to install the fascia have missed the intended framing member or have splintered the framing member due to the incorrect angle of the nailing. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.
Complaint Item 9: “Sunken area near the AC unit” Investigator’s Observations: Verified. The complainant pointed out and showed a sunken / dip in the roof between the AC unit and the front edge of the roof above the front entry. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.
Complaint Item 10: “All fascia Wood is crooked/cracked” Investigator’s Observations: Verified. The fascia was observed to be twisted, warped and cracked. These conditions were noted around the entire residence. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complaint Item 11: “Parts of the roof is missing facia Wood -Not complete” Investigator’s Observations: Verified. The complainant pointed out and showed several locations located at the back of the residence that did not receive the fascia or the 1x4 material. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.
ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:
Complaint Item 4: “Incorrect fascia untreated wood was installed” Investigator’s Observations: This allegation is NOT verified. There is no specification for the type of fascia to be used. Governing Rule: N/A
Complaint Item 6: “fascia strip 1 x 2 was not installed” Investigator’s Observations: This allegation is NOT verified. There is no specification for a 1x2 fascia strip. Governing Rule: N/A
Complaint Item 12: “Still hear a Leak on the Roof” Investigator’s Observations: This allegation is NOT verified. The complainant was unable to demonstrate the leak at the time of the site inspection. Governing Rule: N/A
Complaint Item 13: “Unsatisfied with the overall job” Investigator’s Observations: This statement by the complainant does not implicate a specific workmanship issue, or a violation of A.R.S. § 32-1154(A). Governing Rule: N/A
Please direct all questions regarding this Directive to the undersigned Investigator.
Sincerely,
Gregory Johndrow Gregory Johndrow, Investigator #195 (520) 628-6896 [email redacted] 1700 W. Washington St., Ste. 105 Phoenix, Arizona 85007
CC: Complainant 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complainant: MARIA FAJARDO 460 N MACNAB DR Nogales, AZ 85621
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: Atlas Construction Group LLC DBA: Camelback Roofing 8114 E Clarendon Ave Scottsdale, AZ 85251
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov
C012 05/21 August 30, 2023
Compliance Jobsite Inspection Notice Re: Complaint No. 2023-05528
Dear Complainant and Respondent:
A Compliance Inspection has been scheduled for September 5, 2023 at 9:30 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,
Gregory Johndrow Gregory Johndrow, Investigator #195 (520) 628-6896 [email redacted] 1700 W. Washington St., Ste. 105 Phoenix, Arizona 85007
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov
C012 05/21 Picture 1 Compliance Jobsite Inspection Photos
Case: 2023-05528 Date: 9-5-22023 Address: 460 N Macnab Dr; Nogales, AZ 85621 Picture 2 Compliance Jobsite Inspection Photos
Case: 2023-05528 Date: 9-5-22023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Interior work, which was not performed by the respondent. The protruding nail tips have not been addressed or corrected. Picture 3 Compliance Jobsite Inspection Photos
Case: 2023-05528 Date: 9-5-22023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Interior work, which was not performed by the respondent. The protruding nail tips have not been addressed or corrected. Picture 4 Compliance Jobsite Inspection Photos
Case: 2023-05528 Date: 9-5-22023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Interior work, which was not performed by the respondent. The protruding nail tips have not been addressed or corrected. Picture 5 Compliance Jobsite Inspection Photos
Case: 2023-05528 Date: 9-5-22023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Interior work, which was not performed by the respondent. The protruding nail tips have not been addressed or corrected. Picture 6 Compliance Jobsite Inspection Photos
Case: 2023-05528 Date: 9-5-22023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Interior work, which was not performed by the respondent. The protruding nail tips have not been addressed or corrected. Picture 7 Compliance Jobsite Inspection Photos
Case: 2023-05528 Date: 9-5-22023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Interior work, which was not performed by the respondent. The protruding nail tips have not been addressed or corrected. Picture 8 Compliance Jobsite Inspection Photos
Case: 2023-05528 Date: 9-5-22023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Interior work, which was not performed by the respondent. The protruding nail tips have not been addressed or corrected. Picture 9 Compliance Jobsite Inspection Photos
Case: 2023-05528 Date: 9-5-22023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Interior work, which was not performed by the respondent. The protruding nail tips have not been addressed or corrected. Picture 10 Compliance Jobsite Inspection Photos
Case: 2023-05528 Date: 9-5-22023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Interior work, which was not performed by the respondent. The protruding nail tips have not been addressed or corrected. Picture 11 Compliance Jobsite Inspection Photos
Case: 2023-05528 Date: 9-5-22023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Interior work, which was not performed by the respondent. The protruding nail tips have not been addressed or corrected. Picture 12 Compliance Jobsite Inspection Photos
Case: 2023-05528 Date: 9-5-22023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Interior work, which was not performed by the respondent. The protruding nail tips have not been addressed or corrected. Picture 13 Compliance Jobsite Inspection Photos
Case: 2023-05528 Date: 9-5-22023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Interior work, which was not performed by the respondent. The protruding nail tips have not been addressed or corrected. Picture 14 Compliance Jobsite Inspection Photos
Case: 2023-05528 Date: 9-5-22023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Interior work, which was not performed by the respondent. The protruding nail tips have not been addressed or corrected. Picture 15 Compliance Jobsite Inspection Photos
Case: 2023-05528 Date: 9-5-22023 Address: 460 N Macnab Dr; Nogales, AZ 85621
Interior work, which was not performed by the respondent. The protruding nail tips have not been addressed or corrected. Complainant: MARIA FAJARDO 460 N MACNAB DR Nogales, AZ 85621
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: Atlas Construction Group LLC DBA: Camelback Roofing 8114 E Clarendon Ave Scottsdale, AZ 85251
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.: 2023-05528 Investigator: Gregory Johndrow Inspection Date: September 5, 2023 Inspection Time: 9:30 AM
Compliance Jobsite Inspection General Notes: The site inspection was performed on this date and time with both parties present. In attendance with the complainant was Art Serrano and present for the respondent was David Barajas, Leanne Lira and Fernando Carpena. This Compliance Inspection was to evaluate the current conditions of items requiring corrective action as stated on the Directive. Those items are listed below.
Compliance Findings: The respondent has not taken appropriate corrective action to comply with the Directive. Governing Rule: A.R.S. § 32-1154(A)(22): Failure to take appropriate corrective action to comply with this chapter or with the rules adopted pursuant to this chapter…
As stated on Directive: Complaint Item 1: “Roll up was not glued /nailed properly all around the roof” Investigator’s Observation from initial inspection: Verified. The complainant pointed out and showed the roofing material is loose and not adhered in multiple location around the perimeter of the roof along the drip edge. Compliance Inspection Findings for this item: This has been corrected.
As stated on Directive: Complaint Item 2: “Roll up not cut correctly overlapping on the edge of roof” Investigator’s Observation from initial inspection: Verified. The complainant pointed out and showed the roofing material that is installed past the drip edge and not trimmed flush. The condition was observed in multiple locations around the perimeter of the residence. Compliance Inspection Findings for this item: This has been corrected.
As stated on Directive: Complaint Item 3: “There's a hole in underneath the porch overhang and wood misplaced in the same area” Investigator’s Observation from initial inspection: Verified. The complainant pointed out and showed the hole in the roof decking located on the overhang at the front entry and the poorly attached blocking used to support the roof decking. Compliance Inspection Findings for this item: This has been corrected.
As stated on Directive: Complaint Item 5: “45 Degree angle cuts on wood were not made” Investigator’s Observation from initial inspection: Verified. The locations where the fascia meets or intersects other pieces of fascia was not mitered and does not meet industry standards. Compliance Inspection Findings for this item: This has been corrected.
As stated on Directive: Complaint Item 7: “Wood is nailed incorrectly all around - Too much pressure on nail gun cracked the fascia and wood inside the ceiling of the house” Investigator’s Observation from initial inspection: Verified. The complainant pointed out and showed the cracks in the fascia where the fasteners were placed and the tips of the fasteners which were over driven through the finished tongue and groove ceiling inside the residence. Compliance Inspection Findings for this item: This has NOT been corrected. Some work has been done, however; the current conditions do not meet ROC Workmanship Standards. The interior work was not performed.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 As stated on Directive: Complaint Item 8: “Fascia Trim was nailed incorrectly (Degree Angle)” Investigator’s Observation from initial inspection: Verified. The complainant pointed out and showed multiple areas where the fasteners used to install the fascia have missed the intended framing member or have splintered the framing member due to the incorrect angle of the nailing. Compliance Inspection Findings for this item: This has been corrected.
As stated on Directive: Complaint Item 9: “Sunken area near the AC unit” Investigator’s Observation from initial inspection: Verified. The complainant pointed out and showed a sunken / dip in the roof between the AC unit and the front edge of the roof above the front entry. Compliance Inspection Findings for this item: This has been corrected.
As stated on Directive: Complaint Item 10: “All fascia Wood is crooked/cracked” Investigator’s Observation from initial inspection: Verified. The fascia was observed to be twisted, warped and cracked. These conditions were noted around the entire residence. Compliance Inspection Findings for this item: This has been corrected.
As stated on Directive: Complaint Item 11: “Parts of the roof is missing facia Wood -Not complete” Investigator’s Observation from initial inspection: Verified. The complainant pointed out and showed several locations located at the back of the residence that did not receive the fascia or the 1x4 material. Compliance Inspection Findings for this item: This has been corrected.
Note:
Please review the complaint items listed above. If any of the items have not been corrected at the time of the compliance inspection this complaint will be forwarded to the Registrar’s legal department and a citation may be issued.
If all items are corrected after receipt of this letter, please notify the Registrar’s legal department by sending a notice of compliance signed by the complainant to fax number (602) 364-0416 or by mail to: Arizona Registrar of Contractors, P.O. Box 18244, Phoenix, Arizona 85005-8244. Sincerely,
Gregory Johndrow Gregory Johndrow, Investigator #195 (520) 628-6896 [email redacted] 1700 W. Washington St., Ste. 105 Phoenix, Arizona 85007
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
Maria Fajardo, Case No. 2023-05528 COMPLAINANT, v.
Atlas Construction Group LLC, CITATION License No. ROC 295244,
RESPONDENT.
The Registrar issues this Citation to Atlas Construction Group LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by September 23, 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 12, 2023, Maria Fajardo (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating: Charge :1 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
of 5 1700 W. Washington Street, Suite 105 · 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)(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. 2023-05528. 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, AZ 85007-2812 Mail: P.O. Box 18244, Phoenix, AZ 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
of 5 1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than September 23, 2023. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an 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-
of 5 1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated September 8, 2023 By: /s/ Katelyn Rolling Katelyn Rolling Legal Assistant II Legal Department Arizona Registrar of Contractors
of 5 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 of the foregoing mailed by Certified Mail, Return Receipt Requested, September 8, 2023 to:
Respondent Certified Mail No: [number redacted]
Atlas Construction Group LLC 8114 E Clarendon Ave Scottsdale, AZ 85251 Copy mailed by USPS First Class Mail this same date to: Respondent Atlas Construction Group LLC 8114 E Clarendon Ave Scottsdale, AZ 85251 Complainant Maria Fajardo 460 N Macnab Dr Nogales, AZ 85621 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. 2023-05528
of 5 1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 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 1740 W Adams St., Lower Level, 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 ARIZONA REGISTRAR OF CONTRACTORS
Douglas A. Ducey, Governor Jeff Fleetham , Director
Form REQUEST TO CLOSE CASE RC-Lg-701A
Instructions Complete this form to request that the Registrar close a case where the Registrar previously issued a citation. Before the Registrar issues an order closing a case that resulted in citation, both parties must agree to the closure. After consideration, the Registrar may approve the request.
If both parties do not demonstrate their willingness for the Registrar to issue an Order of Closing by completing this form, then the matter will continue to proceed to administrative resolution. This means that, if not already done so:
The Respondent will be required to: 1. Submit a written answer as directed by the Citation and required under A.R.S. § 32-1155(A). o Failure to timely submit an answer may result in the admission of the allegations contained within the citation. A.R.S. § 32-1155(B); and 2. Request a settlement conference under A.R.S. §41-1092.06, if desired.
The Complainant will be required to establish, before the administrative law judge, the merits of their claim.
A. CASE INFORMATION 1. Case Number 2. Complainant 3. Respondent
B. PARTIES ACKNOWLEDGMENT & SIGNATURE Complainant acknowledges that by signing and submitting this Request to Close Case, if the Registrar grants this request: 1. The Registrar may decline to reopen this case; and 2. Complainant’s future remedies, if any, may be limited to another forum. Respondent acknowledges that by signing and submitting this Request to Close Case, if the Registrar grants this request: 1. Respondent’s license record will have a “Closed Case” designation associated with this case; and 2. This case will appear on the Respondent’s public license record available through the Registrar of Contractors’ website as a “Resolved/Settled/Withdrawn” case for a period of seven years.
_____________________ _____________________ ______________ Complainant’s Name Complainant’s Signature Date
_____________________ _____________________ ______________ Respondent’s Name Respondent’s Signature Date
1700 W. Washington Street, Suite 105 ● Phoenix AZ 85007-2812 602.542.1525 ● Within AZ 877.692.9762 ● Fax 602.542.1599 ● www.roc.az.gov
Form RC-Lg-701A Request to Close Case Rev 1/18/2019 Page 1 of 1 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)
MARIA LOURDES FAJARDO Mailing Address (Enter jobsite in Contract/Project section) City State Zip
460 N MACNAB DR Nogales Arizona 85621 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)
Atlas Construction Group LLC ROC 295244 Street Address City State Zip
8114 E Clarendon Ave Scottsdale AZ 85251 Phone Number Email
[number redacted] Name of Person(s) Representing License
DAVID BARAJAS Contract/Project Information Contract Date Contract Amount Amount Paid
January 22, 2022 $10,533.21 $25,266.88 Date Work Started Date Work Stopped Date Work Was Completed
February 11, 2022 June 18, 2022 June 18, 2022 Close of Escrow (New Home) Move-In Date (New-Home)
Jobsite Street Address City State Zip
460 N MACNAB DR NOGALES AZ 85621 Name of Construction Site Owner Construction Site Name (if applicable)
Phone Number of Construction Site Owner Email of Construction Site Owner
[number redacted] [email redacted] This complaint is for Poor Work I have contacted the contractor by Phone/Text 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 Written All change orders were Both This project was Residential This project involved Repair
A building permit was obtained by N/A 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)
Roll up was not glued /nailed properly all around the roof Roll up not cut correctly overlapping on the edge of roof There's a hole in underneath the porch overhang and wood misplaced in the same area Incorrect fascia untreated wood was installed Degree angle cuts on wood were not made fascia strip 1 x 2 was not installed Wood is nailed incorrectly all around - Too much pressure on nail gun cracked the fascia nd wood inside the ceiling of the house Fascia Trim was nailed incorrectly (Degree Angle) Sunken area near the AC unit All fascia Wood is crooked/cracked Parts of the roof is missing facia Wood -Not complete Still hear a Leak on the Roof Unsatisfied with the overall job
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
MARIA LOURDES FAJARDO \complainant1\ \complainantd1\
RCC099 12/05/18 Page 2 of 2 RECEIVED LEGAL 9/22/2023
David Barajas Atlas Construction Group LLC License No. ROC 295244 8114 E Clarendon Ave Scottsdale, AZ 85251 520-223-0336 [email redacted] Septemeber 15, 2023
Registrar of Contractors 1700 W. Washington St., Ste. 105, Phoenix, AZ 85007-2812
Subject: Written Answer to Citation and Complaint Case No. 2023-05528
Dear Sir/Madam,
I am writing in response to the ROC Citation for Case No. 2023-05528, which I received on Friday, September 8, 2023. I appreciate your prompt attention to this matter and the opportunity to address the issues raised in the citation.
I contest this citation based on the following grounds:
1. We missed the deadline to complete the repair of Item 7 due to denial of access, not because of noncompliance. 2. We acted in a timely manner and all of the other items on the directive were completed within the allowed time with the exception of the final item, complaint item 7. (See exhibit A). 3. Several attempts were made to schedule and complete the final repair but were denied by the homeowner.
We believe the ROC should not suspend or revoke the license because we made an earnest attempt to do the repair for Complaint Item 7 and were denied access by the homeowner which caused us to miss the deadline given by the ROC. As noted in exhibit A this is the only item on the written complaint that we were unable to correct which was noted during the compliance inspection on September 5th, 2023.
Following the receipt of the written directive on July 13, 2023, we promptly initiated coordination of the repair work and maintained open communication with the ROC inspector assigned to the case. We engaged Gerardo Bustamante, a subcontractor, and paid for the repair work, including RECEIVED LEGAL 9/22/2023
Item 7, as evidenced by exhibit B, a copy of the estimate provided by Mr. Bustamante on July 20th, 2023.
The nails that are penetrating the ceiling can be observed in exhibit C1, exhibit C2 and exhibit C3. We paid Gerardo Bustamante to perform the repairs for everything on the written directive on July 31st, 2023. This proves that Atlas Construction group had every intention of completing every single item on the written directive including Item 7 from the beginning.
Repair work began on July 21, 2023 (see exhibit D). The exterior portion of the repair work was finished on July 29, 2023. The homeowner signed a certificate of completion on July 30th stating everything was done with the exception of “wood varnish interior ceiling” referring to item of the written directive (see exhibit E). On August 1st, August 2nd, and again on August 3rd I asked the homeowner to send me a picture of the stain color she used most recently on the ceiling in order to get a match for the wood chips. At this point she expressed concern over matching the stain. (See exhibits F, G, and H). On August 3rd, the homeowner provided the colors for the stain. In an attempt to reach an agreement with the homeowner regarding Item 7, we scheduled an inspection with a painter on August 5th, 2023 for a second opinion. (See exhibit I). We also encouraged the homeowner to seek a second opinion (See exhibit H) and obtain an estimate for the repair work for item 7 from her chosen contractor, though she never provided the estimate to us. On August 3rd we communicated with the ROC inspector that everything was done with the exception of item 7 and on August 15th he sent us an Amended Directive with an extension and a new due date. (See exhibit J1 and J2).
Gerardo “Jerry” Bustamante was due to return to the property on August 19th, 2023. It was mutually understood by the homeowner and Jerry that during his visit on August 19th he would trim the nails that were protruding through the ceiling and fix the wood chips with varnish and/or stain. (See exhibit K). Gerardo arrived and completed a few punch list items outside. Upon finishing the exterior work he knocked on the homeowner’s door to requested access to the interior so he could complete the repair work for item 7. See exhibit L. The homeowner stated that she did not want him to perform the repair for Item 7. She stated that she wanted to wait to do this repair so she could make sure that I first agreed to sand and re-stain the entire surface of the wood panel ceiling in the living room and two bedrooms not just the areas that were chipped.
On August 26th, 2023, I met with the homeowner, her second contractor Jorge Martinez, Martin Lira, and Lyanne Lira. The homeowner contacted Jorge Martinez and scheduled the meeting with him to obtain another estimate and another opinion on the repair work that should be done for item 7. During this meeting, the homeowner reiterated her demand for sanding and re-staining the entire ceiling. We offered her to start by trimming the nails and fixing the wood chips first before presuming prematurely that the whole ceiling had to be sanded and re-stained. It is our professional opinion that what she was asking for was disproportionate for the repair of the wood chips and unnecessary (see exhibit C1, C2, and C3). The homeowner again declined and did not allow us to access to trim the nails and fix the wood chips. (See exhibit M). RECEIVED LEGAL 9/22/2023
She restated that she would not let us trim the nails unless we agreed to sand and re-stain the entire ceiling at the same time. She claimed that she was concerned that the area where the nails will be trimmed and the wood is chipped will not match the rest of the ceiling and therefore wants the entire surface to be sanded and re-stained at the same time. However, it is our professional opinion that the best way to perform this repair, in the most reasonable and cost-efficient manner is by trimming the nails and fixing the wood chips first. Subsequently, we can decide whether additional repair work is needed, such as sanding and re-staining other areas of the ceiling to match. There is no way for us to know if the wood chipped areas will or will not be visibly different to the rest of the stain color if we are not able to start by trimming the nails and fixing the wood chips first, which she would not allow us to do.
Requesting that the whole ceiling be sanded and stained before we know if it is actually necessary would be unjust enrichment for the homeowner. We were not opposed to sanding and staining other areas of the ceiling if necessary but needed access to trim the nails and fix the wood chips first. Additionally, the homeowner provided us with the stain colors (See exhibit H) that she used previously to stain her ceiling herself, so there’s no reason to believe that we would not be able to match the color of the stain if we are using the exact colors that she provided to us.
In summary, I firmly believe that ROC Citation for Case No. 2023-05528 should be dismissed or resolved through a formal hearing. I believe we do not deserve this citation because we made several resolution attempts, acted in a timely manner, and made earnest efforts to address Complaint Item 7 but were obstructed by the homeowner a evidenced by Exhibit L and exhibit M resulting in a missed deadline. On both August 19th and August 26th, the homeowner declined Atlas Construction Group’s attempts to initiate the repair work for line item 7. Our citation was a result of homeowner interference, preventing us from making a reasonable and cost-efficient repair for Item 7.
We deserve the ability to make the repair in a feasible and just manner and remain dedicated to rectifying the situation and complying with the written directive.
Thank you for your attention to this matter. I am committed to cooperating with the ROC to ensure that any concerns are addressed appropriately and I look forward to a fair resolution. Please feel free to contact me at 520-223-0336 or [email redacted] for any further clarification or to schedule a hearing.
Sincerely,
David Barajas RECEIVED LEGAL 9/22/2023
Exhibit A
Complainant: MARIA FAJARDO 460 N MACNAB DR Nogales, AZ 85621
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 RECEIVED LEGAL 9/22/2023
Respondent: Atlas Construction Group LLC DBA: Camelback Roofing 8114 E Clarendon Ave Scottsdale, AZ 85251
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 RECEIVED LEGAL 9/22/2023
Case No.: 2023-05528 Investigator: Gregory Johndrow Inspection Date: September 5, 2023 Inspection Time: 9:30 AM
Compliance Jobsite Inspection General Notes: The site inspection was performed on this date and time with both parties present. In attendance with the complainant was Art Serrano and present for the respondent was David Barajas, Leanne Lira and Fernando Carpena. This Compliance Inspection was to evaluate the current conditions of items requiring corrective action as stated on the Directive. Those items are listed below.
Compliance Findings: The respondent has not taken appropriate corrective action to comply with the Directive. Governing Rule: A.R.S. § 32-1154(A)(22): Failure to take appropriate corrective action to comply with this chapter or with the rules adopted pursuant to this chapter…
As stated on Directive: Complaint Item 1: “Roll up was not glued /nailed properly all around the roof” Investigator’s Observation from initial inspection: Verified. The complainant pointed out and showed the roofing material is loose and not adhered in multiple location around the perimeter of the roof along the drip edge. Compliance Inspection Findings for this item: This has been corrected.
As stated on Directive: Complaint Item 2: “Roll up not cut correctly overlapping on the edge of roof” Investigator’s Observation from initial inspection: Verified. The complainant pointed out and showed the roofing material that is installed past the drip edge and not trimmed flush. The condition was observed in multiple locations around the perimeter of the residence. Compliance Inspection Findings for this item: This has been corrected.
As stated on Directive: Complaint Item 3: “There's a hole in underneath the porch overhang and wood misplaced in the same area” Investigator’s Observation from initial inspection: Verified. The complainant pointed out and showed the hole in the roof decking located on the overhang at the front entry and the poorly attached blocking used to support the roof decking. Compliance Inspection Findings for this item: This has been corrected.
As stated on Directive: Complaint Item 5: “45 Degree angle cuts on wood were not made” Investigator’s Observation from initial inspection: Verified. The locations where the fascia meets or intersects other pieces of fascia was not mitered and does not meet industry standards. Compliance Inspection Findings for this item: This has been corrected.
As stated on Directive: Complaint Item 7: “Wood is nailed incorrectly all around - Too much pressure on nail gun cracked the fascia and wood inside the ceiling of the house” Investigator’s Observation from initial inspection: Verified. The complainant pointed out and showed the cracks in the fascia where the fasteners were placed and the tips of the fasteners which were over driven through the finished tongue and groove ceiling inside the residence. Compliance Inspection Findings for this item: This has NOT been corrected. Some work has been done, however; the current conditions do not meet ROC Workmanship Standards. The interior work was not performed.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 RECEIVED LEGAL 9/22/2023
As stated on Directive: Complaint Item 8: “Fascia Trim was nailed incorrectly (Degree Angle)” Investigator’s Observation from initial inspection: Verified. The complainant pointed out and showed multiple areas where the fasteners used to install the fascia have missed the intended framing member or have splintered the framing member due to the incorrect angle of the nailing. Compliance Inspection Findings for this item: This has been corrected.
As stated on Directive: Complaint Item 9: “Sunken area near the AC unit” Investigator’s Observation from initial inspection: Verified. The complainant pointed out and showed a sunken / dip in the roof between the AC unit and the front edge of the roof above the front entry. Compliance Inspection Findings for this item: This has been corrected.
As stated on Directive: Complaint Item 10: “All fascia Wood is crooked/cracked” Investigator’s Observation from initial inspection: Verified. The fascia was observed to be twisted, warped and cracked. These conditions were noted around the entire residence. Compliance Inspection Findings for this item: This has been corrected.
As stated on Directive: Complaint Item 11: “Parts of the roof is missing facia Wood -Not complete” Investigator’s Observation from initial inspection: Verified. The complainant pointed out and showed several locations located at the back of the residence that did not receive the fascia or the 1x4 material. Compliance Inspection Findings for this item: This has been corrected.
Note:
Please review the complaint items listed above. If any of the items have not been corrected at the time of the compliance inspection this complaint will be forwarded to the Registrar’s legal department and a citation may be issued.
If all items are corrected after receipt of this letter, please notify the Registrar’s legal department by sending a notice of compliance signed by the complainant to fax number (602) 364-0416 or by mail to: Arizona Registrar of Contractors, P.O. Box 18244, Phoenix, Arizona 85005-8244. Sincerely,
Gregory Johndrow Gregory Johndrow, Investigator #195 (520) 628-6896 [email redacted] 1700 W. Washington St., Ste. 105 Phoenix, Arizona 85007
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 RECEIVED LEGAL 9/22/2023
EXHIBIT B RECEIVED LEGAL 9/22/2023 RECEIVED LEGAL 9/22/2023 RECEIVED LEGAL 9/22/2023 RECEIVED LEGAL 9/22/2023 RECEIVED LEGAL 9/22/2023 RECEIVED LEGAL 9/22/2023
English Translation of Spanish Text
5:23PM Hello Lulu, Good afternoon 5:23PM I hope you are doing well RECEIVED LEGAL 9/22/2023
Exhibit E RECEIVED LEGAL 9/22/2023 RECEIVED LEGAL 9/22/2023
English Translation of Spanish Text
6:02PM Hi Lulu, good afternoon, I hope you are all doing well. By any chance, are you able to send me a picture of the stain you used, whenever you have time?
6:56PM Good Afternoon David, I have not been able to open the tool shed where the stain is becuase the door is swollen because of the humidity but whenever I can I will send it
6:57PM Perfect, thank you.
6:58PM Thank you
Wed, Aug 2
6:21PM Hello good afternnon Lulu, how are you?
8:03PM Hello good evening, good thank you and you guys? RECEIVED LEGAL 9/22/2023
English Translation for Spanish Text
6:21PM Hello, good afternoon Lulu, how are you?
6:21PM Hello, good evening, good and you guys?
8:39PM That’s good Lulu, also doing well thank you. Sorry to bother you so late, I just wanted to follow up on the varnish o if you prefer I take a sample from Dunn Edwards from Tucson. Tomorrow I’m going to Nogales and I can take it
Thur, Aug 3
10:27AM Hi David sorry I didn’t answer I fell asleep. I couldn’t open the tool shed but when I arrive from work today I will try again and I will let you know. Thank you
10:39AM Don’t worry Lulu! I also texted you so late but when you arrive if you could RECEIVED LEGAL 9/22/2023
Exhibit H Thur, Aug 3
10:27AM Hi David sorry I didn’t answer I fell asleep. I couldn’t open the tool shed but when I arrive from work today I will try again and I will let you know. Thank you
10:39AM Don’t worry Lulu! I also texted you so late but when you arrive if you could and in the morning I can get moving to go for the stain
10:40AM hello good morning!
10:41 No worries, its all good. I will let you know, thank you David, good day RECEIVED LEGAL 9/22/2023
Exhibit I
English Translation for Spanish Text
Wed, Aug 9 6:18PM ? 6:18PM Hello Victor, are you interested in helping me with the job? 6:22PM yes, I am just seeing if we can do it 6:23PM I want to go to Home Depot to see if they have a stain that matches
Thu, Aug 10 7:36AM How much would you charge and when can we do it? We are in a bit of a hurry, that’s why I keep asking
Fri, Aug 11 12:11 ? 12:12PM I am still waiting for your response RECEIVED LEGAL 9/22/2023 RECEIVED LEGAL
Exhibit J2 9/22/2023
Complainant: MARIA FAJARDO 460 N MACNAB DR Nogales, AZ 85621
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 RECEIVED LEGAL 9/22/2023
Respondent: Atlas Construction Group LLC DBA: Camelback Roofing 8114 E Clarendon Ave Scottsdale, AZ 85251
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 RECEIVED LEGAL 9/22/2023
August 15, 2023
License No. ROC 295244
Re: Complaint No. 2023-05528
AMENDED 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 August 28, 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:
Complaint Item 1: “Roll up was not glued /nailed properly all around the roof” Investigator’s Observations: Verified. The complainant pointed out and showed the roofing material is loose and not adhered in multiple location around the perimeter of the roof along the drip edge. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.
Complaint Item 2: “Roll up not cut correctly overlapping on the edge of roof” Investigator’s Observations: Verified. The complainant pointed out and showed the roofing material that is installed past the drip edge and not trimmed flush. The condition was observed in multiple locations around the perimeter of the residence. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.
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 RECEIVED LEGAL 9/22/2023
Complaint Item 3: “There's a hole in underneath the porch overhang and wood misplaced in the same area” Investigator’s Observations: Verified. The complainant pointed out and showed the hole in the roof decking located on the overhang at the front entry and the poorly attached blocking used to support the roof decking. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.
Complaint Item 5: “45 Degree angle cuts on wood were not made” Investigator’s Observations: Verified. The locations where the fascia meets or intersects other pieces of fascia was not mitered and does not meet industry standards. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner. Governing Rule: R4-9-108 (B): 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.
Complaint Item 7: “Wood is nailed incorrectly all around - Too much pressure on nail gun cracked the fascia and wood inside the ceiling of the house” Investigator’s Observations: Verified. The complainant pointed out and showed the cracks in the fascia where the fasteners were placed and the tips of the fasteners which were over driven through the finished tongue and groove ceiling inside the residence. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.
Complaint Item 8: “Fascia Trim was nailed incorrectly (Degree Angle)” Investigator’s Observations: Verified. The complainant pointed out and showed multiple areas where the fasteners used to install the fascia have missed the intended framing member or have splintered the framing member due to the incorrect angle of the nailing. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.
Complaint Item 9: “Sunken area near the AC unit” Investigator’s Observations: Verified. The complainant pointed out and showed a sunken / dip in the roof between the AC unit and the front edge of the roof above the front entry. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.
Complaint Item 10: “All fascia Wood is crooked/cracked” Investigator’s Observations: Verified. The fascia was observed to be twisted, warped and cracked. These conditions were noted around the entire residence. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 RECEIVED LEGAL 9/22/2023
Complaint Item 11: “Parts of the roof is missing facia Wood -Not complete” Investigator’s Observations: Verified. The complainant pointed out and showed several locations located at the back of the residence that did not receive the fascia or the 1x4 material. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.
ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:
Complaint Item 4: “Incorrect fascia untreated wood was installed” Investigator’s Observations: This allegation is NOT verified. There is no specification for the type of fascia to be used. Governing Rule: N/A
Complaint Item 6: “fascia strip 1 x 2 was not installed” Investigator’s Observations: This allegation is NOT verified. There is no specification for a 1x2 fascia strip. Governing Rule: N/A
Complaint Item 12: “Still hear a Leak on the Roof” Investigator’s Observations: This allegation is NOT verified. The complainant was unable to demonstrate the leak at the time of the site inspection. Governing Rule: N/A
Complaint Item 13: “Unsatisfied with the overall job” Investigator’s Observations: This statement by the complainant does not implicate a specific workmanship issue, or a violation of A.R.S. § 32-1154(A). Governing Rule: N/A
Please direct all questions regarding this Directive to the undersigned Investigator.
Sincerely,
Gregory Johndrow Gregory Johndrow, Investigator #195 (520) 628-6896 [email redacted] 1700 W. Washington St., Ste. 105 Phoenix, Arizona 85007
CC: Complainant 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 RECEIVED LEGAL 9/22/2023
English Translation for Spanish Text
Sat, Aug 19th @ 7:52 AM - Hello Lulu, good morning, how are you? -Good morning David, I am well, thank you and you? - That’s good Lulu, Happy Saturday. I am also well, thanks be to God. I just want to see if you were able to speak to Jerry about going to finish the nails? He told me he was going to schedule it with you? - He said he would come today and finish the pending items and you how did it go with the painter you sent? - Perfect, I am glad. The painter that came, told me he can help us but at the moment he is very busy and it would take him several weeks to start. Were you, by chance, able to find someone to give you an estimate? RECEIVED LEGAL 9/22/2023
Exhibit L RECEIVED LEGAL 9/22/2023
Exhibit M GENERAL AFFIDAVIT
State of Arizona County of Pima
BEFORE ME, the undersigned Notary, Jl#tPJktf. M,,.,.fu b',.tJt,,r,, ]11 {name of Notary before whom affidavit is sworn], on this a {day of month] day of ;,u.~ {month], 20.ll_, personally appeared re/; o ~ ' hl'l L,< • o.,i..-. {name of affiant], known to me to be a credible person and of lawful age, who being by me first duly sworn, on Ji ;,s [his or her] oath, deposes and says:
On Agust 26th, 2023 I was present at 460 North Macnab Drive, Nogales, AZ. 85621 . I was there as a witness for the meeting between David Barajas, representing Atlas Construction, Maria Lourdes Fajardo, the homeowner, Jorge Martinez, Maria's Contractor who has previously done work on her home, and Lyanne Lira, who was also representing Atlas Construction Group. I was present at the meeting because Maria Lourdes Fajardo is my sister in law, and David Barajas is my son in law. When Maria first started having issues with her roof, I connected her with David Barajas. Jorge Martinez was asked by Maria Lourdes to visit the property on that day to provide an estimate for item 7 of the written directive and to sand and re-stain the entire ceiling. During the meeting, David Barajas stated that he was there to finalize the pending item on the written directive and get the repairs finished. Maria Lourdes Fajardo stated that she wanted Atlas Construction Group to sand and re-stain the entire ceiling in her living room and two bedrooms. She said she believed the wood chips would not match the rest of roof and wanted it all redone. She also mentioned that she believed that the insurance company paid too much money to Atlas Contruction Group for the insurance claim they helped her with. Atlas Construction Group offered to first start by trimming the nails and fixing the wood chips, then evaluate if sanding and restaining the entire ceiling was necessary. Maria Lourdes Fajardo declined. She restated that she wanted the whole ceiling redone and would not allow Atlas to begin the repair of item 7 unless they agreed to sand and re-stain the whole ceiling at the same time. I witnessed David Barajars trying to make the repair happen and the homeowner saying no to his attempt. The two parties were unable to reach an agreement and ended the meeting.
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{Notary Seal:] OFFICIAi. SEAL HUMBERTO GARDUNO Ill NOTARI' PUBLIC· ARIZONA PIIMCOUNTY COlalt834020 My Comm. EJlllRI 813126 RECEIVED LEGAL 9/22/2023
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NOTARY PUBLIC
My commission expires: ,!,.,,..sf- '3uC , 20 U . RECEIVED LEGAL 9/22/2023
Answers - AZROC <[email redacted]>
Written Answer to Citation and Complaint Case No. 2023-05528 message
David Barajas <[email redacted]> Fri, Sep 22, 2023 at 1:25 AM To: [email redacted] Cc: Luke Johnson <[email redacted]>
Hello,
I have attached the response to the Citation below. As well as some accompanying documents. Please let me know if you have any questions.
Thank you,
--
attachments
Exhibit C1.jpg 722K
Exhibit C2.jpg 945K RECEIVED LEGAL 9/22/2023
Exhibit C3.jpg 1386K
Exhibit J1 - IMG_CA406DF386A5-1.jpeg 817K
Written Response to Citation.pdf 109K Exhibit A - 20230905 Compliance Jobsite Inspection Notes 2023-05528.pdf 176K Exhibit B - Jerry Labor, Invoice.pdf 337K Exhibit E - 460 N Macnab Certificate of Completion .pdf 967K Exhibit D with translation.pdf 1354K Exhibit F with translation.pdf 1214K Exhibit G with translation.pdf 1455K Exhibit H with translation.pdf 2253K Exhibit I with translation.pdf 1391K Exhibit M - Martin Lira Written Statement.pdf 619K Exhibit J2 -20230815 Amended Written Directive 2023-05528.pdf 273K Exhibit L - Jerry Bustamante.pdf 674K Exhibit K with translation.pdf 1242K 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