2023A-05615-CHC-ROC Notice of Hearing and Packet MAILED
2023A-05615-CHC-ROC · Registrar of Contractors · 2023-11-30
REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Xuan Nguyen , Case No. 2023-05615 COMPLAINANT, Docket No. 2023A-05615-CHC-ROC v. NOTICE OF HEARING ON CONTESTED CASE ALD-PHX LLC License No. ROC 320729,
RESPONDENT.
This Notice of Hearing is issued under A.R.S. § 41-1092.05(D).
HEARING INFORMATION The hearing is set for:
January 10, 2024 9:00 AM Amy Haley 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 November 1, 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 November 30, 2023.
By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail November 30, 2023 to:
Respondent(s) ALD-PHX LLC 1415 E. McKellips Road Mesa, AZ 85203 Bradley D. Weech Esq. E Rio Salado Pkwy Ste 425 Tempe, AZ 85281
Complainant(s) Xuan Nguyen 6155 W. Trovita Place Chandler, AZ 85226
Copy sent electronically this same date to:
Respondent at email address on record with the Registrar Respondent’s Attorney at email address of record with Registrar Complainant at email address on record with the Registrar
Case No. 2023-05615 /
Katie Hobbs, Governor Martin Quezada, Director
Hearing Packet FAQ What is the Hearing Packet?
The Hearing Packet is a packet of certain documents collected or issued by the Registrar over the course of its investigation.
Who gets the Hearing Packet?
The Hearing Packet is assembled and distributed to all parties and to the Office of Administrative Hearings (“OAH”) prior to an administrative hearing.
What types of cases does the Registrar prepare a Hearing Packet for?
The Registrar prepares a Hearing Packet for Complainant-Handled Cases and No-Pay Cases. Note: If the Docket Number on the Notice of Hearing contains a “CHC” or “NPC”, your case is a Complainant-Handled Case or a No-Pay Case.
What is in the Hearing Packet?
The Hearing Packet contains essential case-specific documents and at a minimum will include the following documents:
● Original complaint;
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ
Katie Hobbs, Governor Martin Quezada, Director
● Citation; and ● Answer.
The Hearing Packet will also contain the following documents (if applicable):
● Jobsite inspection notices, notes, and photos; ● Written directives; and ● Compliance inspection notices, notes, and photos.
What if there are documents missing from the Hearing Packet?
If there is any evidence you submitted to the Registrar that are not included in the Hearing Packet it is your responsibility to introduce that evidence at the administrative hearing. Note: The administrative law judge assigned to your case does not have access to the entire Registrar record.
If there is additional evidence you submitted to the Registrar during the investigation that you also want to introduce as evidence during your hearing, it is your responsibility to:
● Properly disclose that evidence to the other party; and ● Introduce the evidence during your hearing.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ
Katie Hobbs, Governor Martin Quezada, Director
How do I disclose evidence I intend to use at a Hearing?
You must properly disclose any and all documents and witnesses you intend to use at your hearing according to the Registrar’s Prehearing Disclosure Rules. See Arizona Administrative Code Section R4-9-118.
A sample prehearing disclosure form and instructions are provided to the parties by the Registrar.
How do I obtain documents I previously submitted to the Registrar?
If you previously submitted documents to the Registrar and need a copy of these documents, please contact the Registrar’s Legal Department or submit a public records request at https://roc.force.com/AZRoc/s/roc-public-request.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ
Katie Hobbs, Governor Martín Quezada, Director
Complainant: Xuan Nguyen 6155 W. Trovita Place Chandler, AZ 85226
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: ALD-PHX LLC DBA: 1415 E. McKellips Road Mesa, AZ 85203
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 17, 2023
Jobsite Inspection Notice Re: Complaint Number 2023-05615
Dear Complainant and Respondent:
A formal complaint has been filed with the Arizona Registrar of Contractors.
A jobsite inspection is scheduled for June 7, 2023 at 9:00 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.
COMPLAINANT: 1. Under A.R.S. § 32-1155(D)(1), the Respondent must be allowed, upon request, the opportunity to inspect the work complained of within fifteen (15) days of receiving this notice. If Respondent is not provided an opportunity to inspect the work within the fifteen (15) day time period, the Registrar may be prohibited from taking further action on this complaint. 2. The Registrar may also be precluded from taking further action on this complaint, if the work that is the subject of the complaint is subject to neglect, modification, or abnormal use. A.R.S. § 32-1155(D)(2) 3. You must provide safe access to any area to be inspected. If access to a roof or other elevated area is required, you must provide a means to safely access the area (ladder or manlift as appropriate). Additionally, please secure any animals.
RESPONDENT: 1. Enclosed is a copy of the complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity to inspect the work complained of within fifteen days of the date of receipt of this notice. 2. To assist the assigned investigator in evaluating the merits of the complaint, please submit a response to the enclosed complaint to the assigned investigator prior to the scheduled inspection. 3. If you do not attend the jobsite inspection, your absence may negatively impact the investigation, and your interests. 4. If a building permit(s) was required for this project, please have the building permit information available at the jobsite inspection. If either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Katie Hobbs, Governor Martín Quezada, Director
If the parties resolve the complaint prior to the inspection, please notify the assigned investigator in writing and by phone as soon as possible.
Sincerely, Todd Anderson Todd Anderson, Investigator #227 (602) 771-6769 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Katie Hobbs, Governor Martín Quezada, Director
A Guide to Jobsite Inspections
Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license alleging poor workmanship, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.
Jobsite Inspection Rights and Responsibilities Access to inspect: The property owner has complete control over who they allow on the property. However, if the Registrar’s investigator or the contractor cannot inspect the work, the Registrar will not move forward with a citation.
Cooperation: Arizona law enables injured parties to seek relief for damages through several paths. When dealing with a licensed contractor, the Registrar of Contractors’ administrative complaint process may serve as one of those possible paths. However, in order to use that path, the Registrar relies on the cooperation of all parties to a complaint.
Minimum workmanship: The Registrar investigates workmanship complaints for compliance with minimum workmanship and professional industry standards. The Registrar does not issue citations for work that meets these standards.
Scope: The scope of the Jobsite Inspection is limited to items listed in the complaint filed with the Registrar’s office. It is the complainant’s responsibility to point out the complaint item(s) and the Investigators role to review the item(s). If the complainant identifies additional workmanship items not listed in the original complaint, they must file an addendum to the complaint. The Registrar’s Investigator may identify additional administrative violations by the contractor (e.g. work performed out of scope of the license and failure to provide a contract that meets requirements set by Arizona law) at the time of the inspection.
The Role of the Investigator At the Jobsite Inspection, the Registrar’s investigator will: ● Only investigate the items listed on the complaint form filed with the Registrar. ● Will gather evidence to make an informed decision about the complaint items.
What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will leave the jobsite and review the evidence provided during the inspection. Generally, the investigator does not make any determination at the time of the jobsite inspection regarding whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.
Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Katie Hobbs, Governor Martín Quezada, Director
A Guide to Written Directives Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.
What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will determine whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.
Written Directives Access: In order to use the administrative process offered by the Registrar, a property owner must provide reasonable access to allow the contractor to fix their work as directed by the Registrar in a Written Directive. Complainants may not put any additional, unnecessary restrictions on the Respondent above and beyond the initial contract requirements agreed upon at the beginning of the project. Respondents are required to make repairs on items identified on any Written Directive, not otherwise restricted by local code or HOA limitations. Complainants must make access available to the Respondent to make the required repairs and failure to provide reasonable access may result in the Registrar dismissing the complaint.
Contractor obligations: The Written Directive will set a deadline for compliance. This is the period of time determined by the Investigator as necessary to complete the items listed in the Directive. ● The deadline for compliance assumes the contractor will promptly begin working on the items listed in the Directive. ● Do not wait. Both parties should communicate quickly to schedule the work.
Extensions: If good cause exists to extend this deadline, either party may submit a written request to the Investigator. The Registrar will review requests for extension and determine if the Directive should be extended.
Manner and method of performance: The Registrar does not provide specific instructions for how to correct poor work. A licensed contractor is expected to have the skill and professionalism to complete the work. Moreover, the complainant may not dictate the manner of repair. If the contractor fails to appropriately correct the work according to the contract, the Registrar will issue a citation.
Compliance Inspection: After the Written Directive expires, the Registrar’s Investigator will contact the complainant to determine if the contractor performed any corrective work. ● If the contractor did corrective work, the Investigator may schedule a Compliance Inspection to determine if the poor work is corrected. ● If the contractor did not perform any corrective work, the Registrar’s Investigator will not do a Compliance Inspection and will determine whether to issue a citation based on the administrative record.
Work performed after the directive ends: After the Directive period ends, a property owner may choose to allow the contractor to continue its work. The Registrar encourages parties to work cooperatively, but cannot 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Katie Hobbs, Governor Martín Quezada, Director
require a homeowner to continue to allow a contractor access to the property after the Directive period ends in order for the administrative process to continue. Denying access after the Directive ends is not grounds to close or dismiss a complaint.
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 JSI Photos #2023-05615 P 1 Date: 6/7/23 at 9:00 am JSI PHOTOS 00AM JSI Photos #2023-05615 P 2 Date: 6/7/23 at 9:00 am JSI PHOTOS 00AM JSI Photos #2023-05615 P 3 Date: 6/7/23 at 9:00 am JSI PHOTOS 00AM JSI Photos #2023-05615 P 4 Date: 6/7/23 at 9:00 am JSI PHOTOS 00AM JSI Photos #2023-05615 P 5 Date: 6/7/23 at 9:00 am JSI PHOTOS 00AM
Unprofessional/Un-matching Pebble Repair JSI Photos #2023-05615 P 6 Date: 6/7/23 at 9:00 am JSI PHOTOS 00AM
Unfinished Paver Repair JSI Photos #2023-05615 P 7 Date: 6/7/23 at 9:00 am JSI PHOTOS 00AM Unfinished Paver Repair
Unfinished Paver Repair JSI Photos #2023-05615 P 8 Date: 6/7/23 at 9:00 am JSI PHOTOS 00AM
Improper Patchwork JSI Photos #2023-05615 P 9 Date: 6/7/23 at 9:00 am JSI PHOTOS 00AM
Bad Patchwork JSI Photos #2023-05615 P 10 Date: 6/7/23 at 9:00 am JSI PHOTOS 00AM
Bad Patchwork JSI Photos #2023-05615 P 11 Date: 6/7/23 at 9:00 am JSI PHOTOS 00AM
Crack in Step JSI Photos #2023-05615 P 12 Date: 6/7/23 at 9:00 am JSI PHOTOS 00AM
Pebble Repair Does Not Match Existing Pebble JSI Photos #2023-05615 P 13 Date: 6/7/23 at 9:00 am JSI PHOTOS 00AM Katie Hobbs, Governor Martín Quezada, Director
Jobsite Inspection Notes
Case No.: 2023-05615 Investigator: Todd Anderson Inspection Date: June 7, 2023 Inspection Time: 9:00 AM
Complainant: Xuan Nguyen Respondent: ALD-PHX LLC Not Present: Not Present:
Jobsite General Notes:
Present at the Inspection representing American Leak Detection was Roland Porier and Rynn Stolworthy
Complaint Item: 1 - ALD quoted $450 do perform leak test but later changed it to an "Industrial Pool" and revised it's quote to $2,200 Investigator’s Observation: This is a financial dispute between the two parties which the ROC has no jurisdiction Governing Rule: N/A
Complaint Item: 2 - Pool "still has a leak as the Auto-shut off valve still runs continuously" Investigator’s Observation: Verified. The pool Auto-fill valve was running during the entire Jobsite Inspection but the water level never increased.*Contractor should continue to determine the cause(s) of the water loss and make necessary repairs. Governing Rule: ARS 32-1154(A)(3) Poor Workmanship namely Rule R4-9-108
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
Complaint Item: 3 - Crack in step still not repaired. Investigator’s Observation: Verified. Observed a large crack running along the radius of the top step in the pool. Contractor stated he had filled it in but the crack has resurfaced. *Contractor should repair by appropriate means. Governing Rule: ARS 32-1154(A)(3) Poor Workmanship namely Rule R4-9-108
Complaint Item: 4 - Never repaired the (3) spots in the Travertine Investigator’s Observation: Verified (2) spots. Observed Travertine Pavers were removed at a location just above a spa return line to do a repair and never replaced. Another 2-3 pieces of Travertine Pavers were removed just north of the pool auto-fill canister but were not replaced after that repair. #Contractor should finish repairs to those areas in a professional and workmanlike manner. Governing Rule: ARS 32-1154(A)(3) Poor Workmanship namely Rule R4-9-108
Complaint Item: 5 - Gouged or cut out large chunks of the pebbletec in my in- ground pool surrounding each unit. Repairs were not done to my satisfaction Investigator’s Observation: Observed numerous patches surrounding repaired pop-ups on the shelf of the pool and bottom step of the spa that did not match the existing pebble color. Also, a large patch surrounding a return line repair in the spa was done poorly and did not match the existing pebble color. Governing Rule: ARS 32-1154(A)(3) Poor Workmanship namely Rule R4-9-108
Complaint Item: 1 - ALD quoted replacing only ($) pop-ups but ended up replacing all (28). They were only five years old. Investigator’s Observation: Contractor stated they were damaged during the removal process. No way to verify tis claim. Governing Rule: N/A
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
Katie Hobbs, Governor Martín Quezada, Director
Complainant: Xuan Nguyen 6155 W. Trovita Place Chandler, AZ 85226
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director
Respondent: ALD-PHX LLC DBA: 1415 E. McKellips Road Mesa, AZ 85203
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director
June 9, 2023
License No. ROC 320729
Re:Complaint No. 2023-05615
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 June 29th, 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: 2 - Pool "still has a leak as the Auto-shut off valve still runs continuously" Investigator’s Observation: Verified. Despite the diagnoses and repair work performed, the pool Auto-fill valve was still running during the entire Jobsite Inspection but the water level never increased which would indicate that the pool leak has not been corrected.*Contractor should continue to
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 Katie Hobbs, Governor Martín Quezada, Director
determine the cause(s) of the water loss and make necessary repairs. Governing Rule: ARS 32-1154(A)(3) Poor Workmanship namely Rule R4-9-108
Complaint Item: 3 - Crack in step still not repaired. Investigator’s Observation: Verified. Observed a large crack running along the radius of the top step in the pool. Contractor stated that he had filled it in but the crack has resurfaced. *Contractor should repair by appropriate means. Governing Rule: ARS 32-1154(A)(3) Poor Workmanship namely Rule R4-9-108
Complaint Item: 4 - Never repaired the (3) spots in the Travertine Investigator’s Observation: Verified (2) spots. Observed Travertine Pavers were removed at a location just above a spa return line to do a repair and never replaced. Another 2-3 pieces of Travertine Pavers were removed just north of the pool auto-fill canister but were not replaced after that repair. *Contractor should finish repairs to those areas in a professional and workmanlike manner. Governing Rule: ARS 32-1154(A)(3) Poor Workmanship namely Rule R4-9-108
Complaint Item: 5 - Gouged or cut out large chunks of the pebbletec in my in-ground pool surrounding each unit. Repairs were not done to my satisfaction Investigator’s Observation: Observed numerous patches surrounding repaired pop-ups on the shelf of the pool and bottom step of the spa that did not match the existing pebble color. Also, a large patch surrounding a return line repair in the spa was done poorly and did not match the existing pebble color. *Contractor should correct by appropriate means. Governing Rule: ARS 32-1154(A)(3) Poor Workmanship namely Rule R4-9-108
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director
ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:
Complaint Item: 3 – ALD quoted $450 to perform leak test but later changed it to an “Industrial Pool” and revised its quote to $2,200. Investigator’s Observation: This is a financial dispute between the two parties which the ROC has no jurisdiction. Governing Rule: ARS 32-1154(A)(3) Poor Workmanship namely Rule R4-9-108.
Complaint Item: 3 – ALD quoted replacing only (4) pop-up heads but ended up replacing all (28). They were only five years old. Investigator’s Observation: Contractor explained that they were damaged during the removal process. Not able to verify the legitimacy of this particular claim. Governing Rule: N/A
Please direct all questions regarding this Directive to the undersigned Investigator.
Sincerely,
Todd Anderson Todd Anderson, Investigator #227 (602) 771-6769 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complainant: Xuan Nguyen 6155 W. Trovita Place Chandler, AZ 85226
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: ALD-PHX LLC DBA: 1415 E. McKellips Road Mesa, AZ 85203
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov
C012 05/21 September 20, 2023
Compliance Jobsite Inspection Notice
Re: Complaint No. 2023-05615
Dear Complainant and Respondent:
A Compliance Inspection has been scheduled for October 3, 2023 at 9:00 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,
Todd Anderson Todd Anderson, Investigator #227 (602) 771-6769 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov
C012 05/21 Complainant: Xuan Nguyen 6155 W. Trovita Place Chandler, AZ 85226
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 Respondent: ALD-PHX LLC DBA: 1415 E. McKellips Road Mesa, AZ 85203
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 September 25, 2023
Re: Complaint Number 2023-05615
Dear Complainant and Respondent:
Due to a conflict in scheduling of one of the parties, the Compliance Inspection scheduled for October 3, 2023 at 9:00 AM has been rescheduled for October 2, 2023 at 12:15 PM.
If either party is unable to attend, the Registrar requires 36-hours advance notice for cancellation or continuance.
Complainant: Safe access is required to any area to be inspected.
Should you have any questions regarding the above, please contact me.
Sincerely,
Todd Anderson Todd Anderson, Investigator #227 (602) 771-6769 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 JSI Photos #2023-05615 P 1 Date: 10/2/23 at 12:15 pm JSI PHOTOS 00AM JSI Photos #2023-05615 P 2 Date: 10/2/23 at 12:15 pm JSI PHOTOS 00AM
Pebble Repairs JSI Photos #2023-05615 P 3 Date: 10/2/23 at 12:15 pm JSI PHOTOS 00AM JSI Photos #2023-05615 P 4 Date: 10/2/23 at 12:15 pm JSI PHOTOS 00AM
Pebble Repairs JSI Photos #2023-05615 P 5 Date: 10/2/23 at 12:15 pm JSI PHOTOS 00AM
Wrong Material Used for Patch Work JSI Photos #2023-05615 P 6 Date: 10/2/23 at 12:15 pm JSI PHOTOS 00AM JSI Photos #2023-05615 P 7 Date: 10/2/23 at 12:15 pm JSI PHOTOS 00AM
Patched Crack Re-opened JSI Photos #2023-05615 P 8 Date: 10/2/23 at 12:15 pm JSI PHOTOS 00AM Compliance Inspection Notes
Case No.: 2023-05615 Investigator: Todd Anderson Inspection Date: October 2, 2023 Inspection Time: 12:15 PM
Complainant: Xuan Nguyen Respondent: ALD-PHX LLC Not Present: Not Present:
Jobsite General Notes:
Present for the CJSI were Ryan Alexander and Rheshelle Yazzie representing American Leak Detection.
Complaint Item: 1 - Pool "still has a leak as the Auto-shut off valve still runs continuously" Investigator’s Observation: The auto-fill valve is still running continuously. It ran for the entire time it took to complete the Compliance Inspection (45 mins 11 seconds). This would indicate that there is still a leak in the pool which has yet to be identified and repaired. Governing Rule: ARS 32-1154(A)(22) – Failure to comply with a Written Directive ARS 32-1154(A)(3) – Poor workmanship
Complaint Item: 2 - Crack in step still not repaired. Investigator’s Observation: The crack in the top step has still not been adequately repaired and is opening back up. It is still clearly visible.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
Governing Rule: ARS 32-1154(A)(22) – Failure to comply with a Written Directive ARS 32-1154(A)(3) – Poor workmanship
Complaint Item: 3 - Never repaired the (3) spots in the Travertine Investigator’s Observation: At the Compliance Inspection on October 2nd, it was revealed by the homeowner that American Leak Detection did not remove those pavers identified in the previous Written Directive. No action is required by the Respondent. Governing Rule: N/A
Complaint Item: 4 - Gouged or cut out large chunks of the pebbletec in my in- ground pool surrounding each unit. Repairs were not done to my satisfaction Investigator’s Observation: Corrective work was taken on the pebble patches. However, the result is a mismatching of coloring, shading, texture and materials (pebble size). Although it is sometimes difficult to match pebble patchwork to existing surfaces, it is expected to be reasonably close and meet the standards of a similarly licensed contractor possessing ordinary skill and capacity. The repair work done is too contrasting and does not meet professional industry standards. Governing Rule: ARS 32-1154(A)(22) – Failure to comply with a Written Directive ARS 32-1154(A)(3) – Poor workmanship
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
Complainant: Xuan Nguyen 6155 W. Trovita Place Chandler, AZ 85226
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: ALD-PHX LLC DBA: 1415 E. McKellips Road Mesa, AZ 85203
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.: 2023-05615 Investigator: Todd Anderson Inspection Date: October 2, 2023 Inspection Time: 12:15 PM
Compliance Jobsite General Notes:
Compliance Findings:
Compliance Item: 1 - Pool "still has a leak as the Auto-shut off valve still runs continuously" Investigator’s Observation: The auto-fill valve is still running continuously. It ran for the entire time it took to complete the Compliance Inspection (45 mins 11 seconds). This would indicate that there is still a leak in the pool which has yet to be identified and repaired. Governing Rule: A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship
Complaint Item: 2 - Crack in step still not repaired. Investigator’s Observation: The crack in the top step has still not been adequately repaired and is opening back up. It is still clearly visible. Governing Rule: A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship
Complaint Item: 3 - Never repaired the (3) spots in the Travertine Investigator’s Observation: At the Compliance Inspection on October 2nd, it was revealed by the homeowner that American Leak Detection did not remove those pavers identified in the previous Written Directive. No action is required by the Respondent. Governing Rule: N/A
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Complaint Item: 4 - Gouged or cut out large chunks of the pebbletec in my in- ground pool surrounding each unit. Repairs were not done to my satisfaction Investigator’s Observation: Corrective work was taken on the pebble patches. However, the result is a mismatching of coloring, shading, texture and materials (pebble size). Although it is sometimes difficult to match pebble patchwork to existing surfaces, it is expected to be reasonably close and meet the standards of a similarly licensed contractor possessing ordinary skill and capacity. The repair work done is too contrasting and does not meet professional Industry standards. Governing Rule: ARS 32-1154(A)(22) – Failure to comply with a Written Directive ARS 32-1154(A)(3) – Poor workmanship
Note:
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,
Todd Anderson Todd Anderson, Investigator #227 (602) 771-6769 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Xuan Nguyen, Case No. 2023-05615 COMPLAINANT, v. ALD-PHX LLC CITATION License No. ROC 320729, RESPONDENT.
The Registrar issues this Citation to ALD-PHX LLC (“Respondent”) under A.R.S. § 32-
1155(A). If Respondent fails to answer this Citation by November 16, 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 15, 2023, Xuan Nguyen (“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. 2023-05615. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted] The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. 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 If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than November 16, 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 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 receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated November 1, 2023. 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 By: /s/ Erin Johnson Erin Johnson Legal Assistant II Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, November 1, 2023 to:
Respondent Certified Mail No: [number redacted]
ALD-PHX LLC 1415 E. McKellips Road Mesa, AZ 85203 Copy mailed by USPS First Class mail this same date to: ALD-PHX LLC 1415 E. McKellips Road Mesa, AZ 85203 Complainant Xuan Nguyen 6155 W. Trovita Place Chandler, AZ 85226 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. 2023-05615 / EJ
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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees
Person Filing Complaint Full Name (First Middle Last) Business Name (if a licensed contractor or supplier) ROC License Number(s) (if any)
Xuan Nguyen Mailing Address (Enter jobsite in Contract/Project section) City State Zip
6155 W. Trovita Place Chandler Arizona 85226 Phone Number Email
(480) 286-9930 [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)
American Leak Detection ROC 320729 Street Address City State Zip
Phone Number Email
[number redacted] [email redacted] Name of Person(s) Representing License
Roland Porier Contract/Project Information Contract Date Contract Amount Amount Paid
September 19, 2022 $2,200.00 $2,200.00 Date Work Started Date Work Stopped Date Work Was Completed
October 18, 2022 November 17, 2022 Close of Escrow (New Home) Move-In Date (New-Home)
Jobsite Street Address City State Zip
6155 W. Trovita Place Chandler AZ 85226 Name of Construction Site Owner Construction Site Name (if applicable)
Phone Number of Construction Site Owner Email of Construction Site Owner
This complaint is for Abandonment;Poor Work;Other I have contacted the contractor by Phone/Text;Email Have you filed a complaint in court? No Has any work been corrected? No
RCC099 12/05/18 Page 1 of 3 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees
The contract was Both All change orders were N/A 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)
Dear Arizona Registrar of Contractors: American Leak Detection (“ALD”) has been improperly sending me invoices and threatening collection and legal action against me for work that was not adequately performed, not completed, and/or not authorized. Meanwhile, ALD has repeatedly refused to correct the damage it did to my inground pool and spa. It will not even respond to my emails requesting corrective action. Please assist me in resolving these issues. The following is a brief summary of the issues. In August of 2022, I retained ALD to repair a leak in my inground spa and pool at my residence at 6155 W. Trovita Pl., Chandler, AZ 85226. The auto shut-off valve to the pool kept running, so my pool service technician informed me that there is a leak in the inground pool. I contacted ALD to diagnose the leak. ALD responded and initially quoted me $450 for ALD to come out to diagnose the leak. Mr. Roland Porier came to evaluate the leak, he changed the estimate and charged me a total of $2200 for this diagnostic service. They note that the fees were $450 and since the pool was deemed “commercial” there is another $250/hour for anything over 4hours. When I asked him why it was so expensive, Mr. Poirer told me that he had to charge me a commercial rate because the pool was an “industrial pool,” even though I am a private owner and the pool is a residential pool at my house. I nonetheless paid ALD $2200 for this service on September 19, 2022. Mr. Poirer then gave me the estimate for the leak-repair work. He sent me a text message stating “5900 for all the leaks +400 for 8 foot crack on the top of the step pebble Tec. $1000 to fix the three spots of travertine.” When I told him this estimate was quite expensive, Mr. Poirer offered to perform all the work “on the side” for $2000 less than this quote, provided I hire him personally instead of ALD to do the repair. I did not accept his offer, preferring to have ALD perform the work under its Arizona bond and license. After Mr. Poirer completed the diagnosis and I paid the ALD $2200 diagnosis fee, he proceeded to do the leak-repair work. Neither the diagnoses nor the leak repair was done properly, however, because my pool service technician has informed me that there still is a leak, as the auto-shut off valve still run continuously, which is the same reason I hired ALD to diagnose and do the leak-repair (quote $5900). The crack in the pool step also remains unrepaired (quote $400). They never repaired the three spots of the travertine (quote $1000). I have contacted ALD multiple times, informing them that the work has not been completed, but ALD has not taken any remedial action. Initially the contact was between Mr. Porier and I via phone and text, but when I informed him that the work of the pop ups and some cracks have not been done to my satisfaction, he deferred to me to contact the office directly. Indeed, other than to send me invoices threatening collection and legal action, they have not responded to my multiple attempts to contact them about these issues. I have done so by phone and emails but received no replies except for the invoices. I respectfully request the Board’s assistance in resolving these issues. In addition to the leak-repair work, ALD has also charged me for unauthorized work performed by Mr. Poirer, and both he and ALD have refused to take responsibility to repair the resulting damage. In September 2022, Mr. Poirer sent me a confusing estimate that contained a long-run-on list. Among other things, it listed four broken pop-up head “collars,” and estimated the cost of cutting them out, replacing them, and repairing the pebbletech. It also stated all pop-up heads (not collars) “may need” replacement due to age. I requested an itemized list because the estimate was confusing and I did not understand it. When I spoke to Mr. Poirer, I told him that the pop-up heads were less than 5-years old. He clarified that his estimate was for the replacement of only four pop-up heads. He did not tell me that he would end up yanking out all 28 pop- up heads. On October 18, 2022, Mr. Poirer unilaterally decided to pull up all 28 pop-up heads in my cleaning system, only to inform me after the fact that he cannot put them back in because they were damaged when he yanked them out. To put in the new heads, he had to cut the pebbletec around each head. Mr. Poirer wanted $75 to replace each pop-up head. He did all of this without providing me with any prior notice or obtaining my authorization or agreement to do this work. In short, I did not hire him or ALD to replace all 28 pop-up head units, which were not even related to the pool leak-repair work that I contracted ADL to perform.
RCC099 12/05/18 Page 2 of 3 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees
Worse, instead of just replacing the pop-up piece of each unit, Mr. Poirer pried out the entire units and left them on the side of the pool deck. In doing so, he gouged or cut out large chunks of the pebbletec in my inground pool and spa surrounding each unit. Then, he told me that he was unable to find the same color and brand of “Paramount pop-up heads” to match the removed units. Without a choice, I was forced to reach out to a friend for help locating the replacements heads. This resulted in a long delay in refilling my pool, causing the pool and spa to remain drained and exposing the pebbletec to additional damage from the sun. When Mr. Poirer finally put the new pop-up head units back in, he left the large chunks of the pebbletec that he had gouged or cut out unrepaired. Where he needed to use adhesive to put the new heads back in, apparently because he had made too large a hole in removing the units, he used a smooth adhesive material that does not come close to matching the color or texture of the surrounding pebbletec. He did this in my spa as well, including a large triangular area that he inexplicably cut out. Because of the shoddy workmanship, one of the new pop-up units floated out of the hole and ended up on the opposite side of the pool. I had to fish it out of the pool, and there is still a hole where it is supposed to be installed. My pool and spa are now an eyesore because of this, but Mr. Poirer and ALD have refused to do anything to repair them. Mr. Poirer told me to contact ALD. When I complained to ALD, it told me their company does not repair pebbletec. But their initial estimate of the leak-repair work stated that they would repair the pebbletec but could not guarantee a “perfect match.” ALD should not have allowed its employee, Mr. Poirer, to perform any work that damages pebbletec—especially not without giving me prior notice, obtaining my authorization or an agreement for the work. (ALD also should not have allowed Mr. Poirer to estimate work for repair on the crack in the pool step, which is also pebbletec, and not properly done.) Needless to say, the workmanship by ALD is shoddy, incomplete, and in serious need of correction. They must also repair the damage they have done to my inground pool and spa. All of this is completely unacceptable. ALD continues to send me invoices threatening collection and legal action for this work that I never authorized in the first place. Mr. Poirer and ALD’s conduct is basically fraud, and the public needs protection against conduct by contractors like ALD. I respectfully request the Registrar’s intervention. Please assist me assistance in resolving this matter. Please also let me know if there is any additional information I can provide. Thank you.
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
Xuan Nguyen \complainant1\ \complainantd1\
RCC099 12/05/18 Page 3 of 3 .
V2 Pool and Spa Detection
[number redacted]
Reference Number: 20220920-[number redacted] Form Name: V2 Pool and Spa Detection Submitter Name: Roland Porier (rolandphx) | rolandphx Submission Date: Sep 19, 2022 7:01:52 PM MST Location:
.
LEAK DETECTION REPORT
Section 1 Customer Name: Xuan Nguyen Address 6155 West Trovita Pl Called out to the location for? See Work Order. Dive Performed: No Equipment Shut Down: Yes Results of the inspection Upon arrival customer showed us a couple spots where previous repairs was made and stated previous company was not able to find correctly. Would like full leak detection. Spent approximately 6 hours on leak detection at $2200. All lines held pressure at this time except for small pop ups. Ball pop ups broke underneath the steps, bottom 90 on the middle step. Estimate to fix bottom 90 on step would be $2,200. Pebble Tech will not be a perfect match. Tile line is cracked in several locations and should be cleaned out and re-grouted. Estimate to re-grout tile line $475. Will only be re-grouting areas that have missing grout or cracked tiles. Not responsible for replacing any broken tiles. Four of the pop-up head collars are broken and need to be replaced. Estimate to replace pop-up head collars which would include, cutting out around collars, replacing collars, backfilling and pouring concrete and doing pebble tech is $700 a piece. Estimate to fix leak on salt cell union and replace pop-up zone actuator lid is $275. Customer may need all pop-ups replaced due to age. Estimate to replace pop ups $75 a piece. Customer would also like Travertine replaced and estimate to replace travertine is $900 if . V2 Pool and Spa Detection - 2022-09-19 19:01:52 2022-09-19 VALENTIN customer supplies travertine. Only three spots that are missing would be included in that estimate. Also existing Pebble tech patch from previous repair is not holding and leaking. Recommend re-patching with Pebble tech. Estimate to re-patch Pebble Tech is $499. Also there is approximately an 8 ft crack along the top step that customer would like to be fixed with Pebble tech. Will need to open up crack a little bit to fix it. Estimate to fix crack $400 for materials, $275 for labor. Customer is going to drain pool due to the fact that we could not find clean outs. Will need 3 days with one helper to complete all the repairs. Customer did not pay on-site. Showed custom results of leak detection on-site. All repairs on plumbing will be tested after to ensure no further leaks at that time. Cost of Job $2,200.00 Did customer pay on site? No Method of payment Billing Total Charge: $2,200.00 Estimate Acceptance: Signature
Tech Roland Porier Note-This is not an Invoice. Invoice will be sent. GUARANTEE ON DETECTION( for Nevada, Colorado and Arizona) : All leak location and detection work is guaranteed for 30 days from date of completion. We will re-test the system or refund the detection fee (at our sole option) if it is reported within the above 30 day period. We will not be liable for any other consequential losses. GUARANTEE ON REPAIRS( For Nevada): Minor repairs are guaranteed for 30 days. Major repairs are guaranteed for 12 months. All repairs are guaranteed from date of completion and for defective workmanship only.
GUARANTEE ON REPAIRS( For Arizona): Minor repairs are guaranteed for 30 days. Major repairs are guaranteed for 24 months. All repairs are guaranteed from date of completion and for defective workmanship only.
RESIDENTIAL CONSTRUCTION RECOVERY FUND- For Nevada only. Payment may be available from the recovery fund if you are damaged financially by a project performed on your residence pursuant to a contract, including construction, remodeling, repair or other VALENTIN
V2 Pool and Spa Detection PAGE 2 OF 3 V2 Pool and Spa Detection - 2022-09-19 19:01:52 2022-09-19 VALENTIN improvements, and the damage resulted from certain specified violations of Nevada law by a contractor licensed in this state. To obtain information relating to the recovery fund, you may contact the State Contractor' Board at 2310 Corporate Circle, Suite 200, Henderson, Nevada 89074. Telephone (702) 486-1100. ROC#320729 (Arizona) C-1D#0054892(Nevada) Licensed & Bonded
VALENTIN
V2 Pool and Spa Detection PAGE 3 OF 3 American Leak Detection of Phone: (602) 242-8573 Phoenix Email: [email redacted] c/o American Leak Detection, Inc. 199 Whitney Ave, Second Floor New Haven, CT 06511
Invoice: 00046111 Claim/Customer PO #: Transaction Date: 9/19/2022
Bill to Ship-to Xuan Nguyen Xuan Nguyen 6155 West Trovita Place 6155 West Trovita Place Chandler, AZ 85226 Chandler, AZ 85226
Description Quantity Price Amount Pool & Spa Leak Detection 1.00 $2,200.00 $2,200.00
Total: $2,200.00 Acceptance Late Charges: Invoices are due upon receipt unless otherwise The work listed was performed to my satisfaction. I agree to arranged. Late charges of 1.5% per month will be added after pay the listed amount in accordance with the Terms on this days along with any late charges for collection, including invoice. attorney's fees, in the event of default. 5/15/23, 6:01 PM Gmail - ALD Payment Receipt TR-117651
Xuan Nguyen <[email redacted]>
ALD Payment Receipt TR-117651 message
[email redacted] <[email redacted]> Mon, Sep 26, 2022 at 9:41 AM To: "[email redacted]" <[email redacted]>
Hi,
Thank you for your purchase with American Leak Detection of Phoenix!
Below you will find a receipt of your transaction!
Transaction Information
Amount: 2,200 USD Date: 9/26/2022, 9:41 AM Transaction ID: TR-117651 Invoice #: 00046111
Card Information
Type: Credit Brand: American Express Name: Xuan Nguyen Card Number:
Thank you, we appreciate your business!
American Leak Detection
https://mail.google.com/mail/u/0/?ik=68e3e297bd&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted] 1/1 00121234ÿ02678ÿ9 ÿÿ ÿ ÿÿ6ÿ ÿ ÿ282387 07ÿÿ ÿÿ!Received ÿÿ"ÿLegal 11/02/2023 5678ÿ:;6<=7=ÿ>?678@A;6<=7=BCDE@=<@FDGH
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# $611% && '%1% 1 181()*+3',' '20-./"*$. '#* .$% #0*# 0601-02-22,2 7-233,7031%&6001,828- 23,-232104 212 Received 11/15/2023 ROC Legal
E. Rio Salado Parkway, Suite 425 Tempe, AZ 85281 Telephone: (480) 733-6800 Fax: (480) 733-3748 [email redacted] Bradley D. Weech, SBN 011135 Marshall R. Hunt, SBN 031060 Attorneys for Respondent
REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA Xuan Nguyen, CASE NO. 2023-05615 Complainant, Written Answer to Citation vs. and Complaint ALD-PHX, LLC License No. ROC 320729,
Respondent.
Respondent, ALD-PHX, LLC (“ALD”), answers the Citation as follows: 1. Charge #1 and the Complainant’s allegations in her complaint upon which it is based are denied. All work contracted for by Respondent was performed in a professional and workmanlike manner and/or the Complainant refused access before, during and after the corrective period. 2. Charge #2 and the Complainant’s allegations in her complaint upon which it is based are denied. All work contracted for by Respondent was performed in a professional and workmanlike manner and/or the Complainant refused access before, during and after the corrective period. 3. Pursuant to A.R.S. § 51-1-92.06, Respondent does not now, but later, will, request the informal settlement conference. Received 11/15/2023 ROC Legal
DATED this 15th day of November, 2023. DAVIS MILES MCGUIRE GARDNER, PLLC By: /s/ Bradley D. Weech Bradley D. Weech Marshall R. Hunt Attorneys for Respondent Filed by email to [email redacted] this 15th day of November, 2023 /s/ Bradley D. Weech \\ProLaw02\ProLawFiles\ProLawDocuments\90630\90630-001\Pleadings-Other Court\7351126.docx
Received 11/16/23, 8:02 AM State of Arizona Mail - Written Answer to Citation and Complaint, Case 2023-0561511/15/2023 ROC Legal
Answers - AZROC <[email redacted]>
Written Answer to Citation and Complaint, Case 2023-05615 message
Bradley D. Weech <[email redacted]> Wed, Nov 15, 2023 at 4:59 PM To: "[email redacted]" <[email redacted]>, Erin Johnson <[email redacted]> Cc: "Keith Ozawa ([email redacted])" <[email redacted]>, Yvonne Salatas <[email redacted]>, Marshall Hunt <[email redacted]>
Please find the attached Written Answer to Citation and Complaint by the respondent in this case. And, please take note of legal representation as noted in the attached. Please direct all further communications, documents, filings, etc. to my attention.
Thanks,
Bradley D. Weech
Bradley D. Weech
[email redacted] E. Rio Salado Parkway Suite 425 Tempe, AZ 85281 Tel: (480) 344‑4066 Mobile: (480) 635‑2828
On the Move in Tempe! As of January 1, 2024, our Tempe Address will be: 999 E. Playa del Norte, Ste. 510, Tempe, AZ 85288
Please make a note of it! Our phone numbers and email information will remain the same. To make a secure online payment: CLICK HERE This e-mail message (including attachments) is privileged and confidential, and is only for the use of the individual or entity named therein. If you are not the intended recipient, any use, distribution or copying of this communication or attachments is prohibited. If you are not the intended recipient, please forward this communication to us [email redacted] and delete it from your system. Please consider the environment before printing this email.
Written Answer to Citation and Complaint, Case 2023-05615.pdf 108K
https://mail.google.com/mail/b/AEoRXRTDSSFxhMjtqiw8DWz_zs4n7b30bNbRM88XiXknHRZytV30/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 1/1 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