2023A-05708-CHC-ROC Notice of Hearing and Packet MAILED

2023A-05708-CHC-ROC · Registrar of Contractors · 2023-08-16

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Mark Tabaldi , Case No. 2023-05708 COMPLAINANT, Docket No. 2023A-05708-CHC-ROC v. NOTICE OF HEARING ON Lush Pools And Landscaping LLC CONTESTED CASE License No. ROC 330626,

RESPONDENT.

This Notice of Hearing is issued under A.R.S. § 41-1092.05(D). HEARING INFORMATION The hearing is set for: September 20, 2023 1:00 PM Sondra Vanella Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

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

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

STATEMENT OF LEGAL AUTHORITY AND JURISDICTION The State of Arizona has determined that the licensing and regulation of construction

contractors is a proper state function, and has vested authority in the Registrar of Contractors

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

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

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

The statutes and rules governing the hearing can be found at: Arizona Revised

Statutes §§ 41-1092 to -1092.12, and Arizona Administrative Code R2-19-101 to -122.

PARTICULAR ARIZONA STATUTES AND RULES INVOLVED The statutes and rules the Respondent is alleged to have violated are cited in the

complaint and citation, which were served on the Respondent on July 21, 2023.

SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED The complaint and citation allege that the Respondent committed the following act(s):

Charge: 1 A.R.S. § 32-1154(A)(2)(a) Charge: 2 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Charge: 3 A.R.S. § 32-1154(A)(22)

THE PARTIES TO THE ADMINISTRATIVE HEARING Because Respondent is a licensee and is charged with an act(s) or omission(s) that is cause for the suspension or revocation of a license, Respondent is a party to this case and will be a party to the hearing. Because Complainant alleged Respondent committed an act(s) or omission(s) that is cause for the suspension or revocation of a license, Complainant is a party to this case and will be a party to the hearing. Respondent and Complainant, as the parties to the hearing, will present evidence and argument to the administrative law judge.

The Registrar’s assigned investigator will appear as a witness at the hearing. RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney. A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented by an officer or employee if that person satisfies the conditions set forth in A.R.S. § 32- 1156(B). CHANGE OF ADDRESS Each party must inform the Registrar and the Office of Administrative Hearings of any change of address within five (5) days of the change. A.R.S. § 41-1092.04. HEARING PROCEDURES AND RULES The administrative hearing will be conducted in accordance with A.R.S. §§ 41-1092 to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and processes governing the administrative hearing. Copies of the statutes, rules, and articles regarding the administrative hearing process can be found at https://www.azoah.com/.

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

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

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

the Registrar’s investigators, employees, or attorneys to appear in-person must be filed with

the Registrar and the Office of Administrative Hearings no later than seven (7) calendar days

prior to the hearing date.

HEARING PACKET In the interests of administrative efficiency, the Registrar compiles and discloses

certain documents to the parties and the Office of Administrative Hearings. These documents

are attached to this Notice of Hearing as the “Hearing Packet.” If any party wishes to submit

additional evidence, they must do so during the hearing after completing a disclosure statement. See “Disclosure Statement” section below.

SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS The parties to the hearing must be prepared to present evidence in support of their case. If a party wants to obtain testimony from a witness or documents not in the party’s possession, the party must prepare and file a written subpoena for the Administrative Law Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com. The party seeking a subpoena must serve notice on all the parties to the hearing, and on the Registrar. A.R.S. § 41-1092.04. DISCLOSURE STATEMENT At least seven calendar days before the hearing, each party must prepare and serve a disclosure statement on all other parties, and file it with the Office of Administrative Hearings. A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the party will use at the hearing. A party’s failure to timely disclose any witness or exhibit, without good cause, may result in the administrative law judge excluding those witnesses or exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is available on the Registrar’s website at https://roc.az.gov/content/prehearing-disclosure- statement.

CHANGING THE HEARING DATE

The date of the hearing may only be advanced or delayed on the agreement of the

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

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

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

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

assigned Administrative Law Judge may be found on the Office of Administrative Hearings’

web portal at www.azoah.com

If a party would like to move the date of the hearing without agreement of all parties, the party must file a written motion with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmit a copy to the Registrar and all other parties. The motion must state in detail good cause for why the date of the hearing should be advanced or delayed, and the position of all other parties regarding the advancement or delay. A party may also file a motion asserting a right to an expedited hearing upon a showing of extraordinary circumstances or the possibility of irreparable harm. A.R.S. § 41-1092.05(E).

RESOLUTION SHORT OF ADJUDICATION

In any case which is resolved or settled by the parties, or which is withdrawn by the

Complainant without objection from Respondent after the Notice of Hearing is issued, the

parties must notify the Office of Administrative Hearings of the resolution or settlement. Any

such cases will be listed on the Registrar’s website and its records under the category: “Closed

Complaints – Resolved/Settled/Withdrawn.”

Dated August 15, 2023.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail August 15, 2023 to: Respondent(s) Lush Pools And Landscaping LLC 3575 E Lawndale Pl Queen Creek, AZ 85142 Complainant(s) mark tabaldi 1537 W Caldwell Street phoenix, AZ 85041

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. 2023-05708 /

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: Mark Tabaldi 1537 W Caldwell Street Phoenix, AZ 85041

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: Lush Pools And Landscaping LLC DBA: 3575 E Lawndale Pl Queen Creek, AZ 85142

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 19, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-05708

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for June 14, 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 602 7716769 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Katie Hobbs, Governor Martín Quezada, Director

A Guide to Jobsite Inspections

Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license alleging poor workmanship, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.

Jobsite Inspection Rights and Responsibilities Access to inspect: The property owner has complete control over who they allow on the property. However, if the Registrar’s investigator or the contractor cannot inspect the work, the Registrar will not move forward with a citation.

Cooperation: Arizona law enables injured parties to seek relief for damages through several paths. When dealing with a licensed contractor, the Registrar of Contractors’ administrative complaint process may serve as one of those possible paths. However, in order to use that path, the Registrar relies on the cooperation of all parties to a complaint.

Minimum workmanship: The Registrar investigates workmanship complaints for compliance with minimum workmanship and professional industry standards. The Registrar does not issue citations for work that meets these standards.

Scope: The scope of the Jobsite Inspection is limited to items listed in the complaint filed with the Registrar’s office. It is the complainant’s responsibility to point out the complaint item(s) and the Investigators role to review the item(s). If the complainant identifies additional workmanship items not listed in the original complaint, they must file an addendum to the complaint. The Registrar’s Investigator may identify additional administrative violations by the contractor (e.g. work performed out of scope of the license and failure to provide a contract that meets requirements set by Arizona law) at the time of the inspection.

The Role of the Investigator At the Jobsite Inspection, the Registrar’s investigator will: ● Only investigate the items listed on the complaint form filed with the Registrar. ● Will gather evidence to make an informed decision about the complaint items.

What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will leave the jobsite and review the evidence provided during the inspection. Generally, the investigator does not make any determination at the time of the jobsite inspection regarding whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.

Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Katie Hobbs, Governor Martín Quezada, Director

A Guide to Written Directives Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.

What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will determine whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.

Written Directives Access: In order to use the administrative process offered by the Registrar, a property owner must provide reasonable access to allow the contractor to fix their work as directed by the Registrar in a Written Directive. Complainants may not put any additional, unnecessary restrictions on the Respondent above and beyond the initial contract requirements agreed upon at the beginning of the project. Respondents are required to make repairs on items identified on any Written Directive, not otherwise restricted by local code or HOA limitations. Complainants must make access available to the Respondent to make the required repairs and failure to provide reasonable access may result in the Registrar dismissing the complaint.

Contractor obligations: The Written Directive will set a deadline for compliance. This is the period of time determined by the Investigator as necessary to complete the items listed in the Directive. ● The deadline for compliance assumes the contractor will promptly begin working on the items listed in the Directive. ● Do not wait. Both parties should communicate quickly to schedule the work.

Extensions: If good cause exists to extend this deadline, either party may submit a written request to the Investigator. The Registrar will review requests for extension and determine if the Directive should be extended.

Manner and method of performance: The Registrar does not provide specific instructions for how to correct poor work. A licensed contractor is expected to have the skill and professionalism to complete the work. Moreover, the complainant may not dictate the manner of repair. If the contractor fails to appropriately correct the work according to the contract, the Registrar will issue a citation.

Compliance Inspection: After the Written Directive expires, the Registrar’s Investigator will contact the complainant to determine if the contractor performed any corrective work. ● If the contractor did corrective work, the Investigator may schedule a Compliance Inspection to determine if the poor work is corrected. ● If the contractor did not perform any corrective work, the Registrar’s Investigator will not do a Compliance Inspection and will determine whether to issue a citation based on the administrative record.

Work performed after the directive ends: After the Directive period ends, a property owner may choose to allow the contractor to continue its work. The Registrar encourages parties to work cooperatively, but cannot 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Katie Hobbs, Governor Martín Quezada, Director

require a homeowner to continue to allow a contractor access to the property after the Directive period ends in order for the administrative process to continue. Denying access after the Directive ends is not grounds to close or dismiss a complaint.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 6/15/23, 3:07 PM State of Arizona Mail - ROC Complaint #2023-05708

Todd Anderson <[email redacted]>

ROC Complaint #2023-05708 messages

Todd Anderson <[email redacted]> Fri, May 19, 2023 at 2:07 PM To: [email redacted], [email redacted]

Please read carefully. My contact information is located at the bottom of the inspection letter.

Todd Anderson

attachments 20230519 Jobsite Inspection Notice 2023-05708.pdf 224K Complaint Form.pdf.pdf 34K

Mark Tabaldi <[email redacted]> Fri, May 19, 2023 at 2:24 PM To: Todd Anderson <[email redacted]>

Thank you, Todd, I will get this date on our calendar.

Mark Tabaldi

Western Divisional Operations Manager

SouthernCarlson, Inc.

W: www.southerncarlson.com

E: [email redacted]

C: 925.567.7184

From: Todd Anderson <[email redacted]> Sent: Friday, May 19, 2023 2:07 PM To: Mark Tabaldi <[email redacted]>; [email redacted] Subject: ROC Complaint #2023-05708

[External Sender] Please be aware this email was sent from someone outside of SouthernCarlson.

[Quoted text hidden]

https://mail.google.com/mail/u/0/?ik=9cbed3e67d&view=pt&search=all&permthid=thread-a:r3593992586628258604&simpl=msg-a:r360225500700664… 1/2 6/15/23, 3:07 PM State of Arizona Mail - ROC Complaint #2023-05708

~WRD1813.jpg 1K

Larry Job <[email redacted]> Thu, Jun 1, 2023 at 8:30 AM To: Todd Anderson <[email redacted]>

Received and I will put my response together edits our June 14 meeting. I might reach out to you if I have issues getting my subcontractor who did the finish to respond and confirm they will be at the meeting as that has been the previous issue that they won’t respond and look at the issue.

Larry Job 480-677-5007 ROC#330626

> On May 19, 2023, at 2:07 PM, Todd Anderson <[email redacted]> wrote: > > > Please read carefully. My contact information is located at the bottom of the inspection letter. > > Todd Anderson > <20230519 Jobsite Inspection Notice 2023-05708.pdf> > <Complaint Form.pdf.pdf>

https://mail.google.com/mail/u/0/?ik=9cbed3e67d&view=pt&search=all&permthid=thread-a:r3593992586628258604&simpl=msg-a:r360225500700664… 2/2 JSI Photos #2023-05708 P 1 Date: 6/14/23 at 9:00 am JSI PHOTOS 00AM JSI Photos #2023-05708 P 2 Date: 6/14/23 at 9:00 am JSI PHOTOS 00AM JSI Photos #2023-05708 P 3 Date: 6/14/23 at 9:00 am JSI PHOTOS 00AM JSI Photos #2023-05708 P 4 Date: 6/14/23 at 9:00 am JSI PHOTOS 00AM JSI Photos #2023-05708 P 5 Date: 6/14/23 at 9:00 am JSI PHOTOS 00AM JSI Photos #2023-05708 P 6 Date: 6/14/23 at 9:00 am JSI PHOTOS 00AM

Not a Pebble product. This clearly a plaster finish JSI Photos #2023-05708 P 7 Date: 6/14/23 at 9:00 am JSI PHOTOS 00AM JSI Photos #2023-05708 P 8 Date: 6/14/23 at 9:00 am JSI PHOTOS 00AM Katie Hobbs, Governor Martín Quezada, Director

Jobsite Inspection Notes

Case No.: 2023-05708 Investigator: Todd Anderson Inspection Date: June 14, 2023 Inspection Time: 9:00 AM

Complainant: mark tabaldi Respondent: Lush Pools And Not Present: Landscaping LLC Not Present:

Jobsite General Notes:

**Not present for JSI was a representative of Lush Pools and Landscaping LLC

Complaint Item: 1 - Wrong pool finish installed, and the pool finish installed is now defective. Investigator’s Observation: Verified. The pool finish installed is not a pebble product as was stated on the contract dated 4/13/23. *Contractor should repair by appropriate means. Governing Rule: ARS 32-1154(A)(3): Poor workmanship; namely 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

Katie Hobbs, Governor Martín Quezada, Director

Complainant: mark tabaldi 1537 W Caldwell Street Phoenix, AZ 85041

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: Lush Pools And Landscaping LLC DBA: 3575 E Lawndale Pl Queen Creek, AZ 85142

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 15, 2023

License No. ROC 330626

Re:Complaint No. 2023-05708

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on July 3rd, 2023.

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

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

Compliance Item: 1 - Wrong pool finish installed, and the pool finish installed is now defective. Investigator’s Observation: Verified. The pool finish installed is not a “Pebble Tec Brand / Pebble Sheen Package” as was stated on the contract dated 4/13/23. *Contractor should correct by appropriate means. Governing Rule: ARS 32-1154(A)(3) Poor Workmanship namely Rule R4-9-108

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

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: mark tabaldi 1537 W Caldwell Street phoenix, AZ 85041

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: Lush Pools And Landscaping LLC DBA: 3575 E Lawndale Pl Queen Creek, AZ 85142

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

C012 05/21 July 3, 2023

Compliance Jobsite Inspection Notice

Re: Complaint No. 2023-05708

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for July 19, 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 CJSI Photos #2023-05708 P 1 Date: 7/19/23 at 9:00 am JSI PHOTOS 00AM CJSI Photos #2023-05708 P 2 Date: 7/19/23 at 9:00 am JSI PHOTOS 00AM CJSI Photos #2023-05708 P 3 Date: 7/19/23 at 9:00 am JSI PHOTOS 00AM CJSI Photos #2023-05708 P 4 Date: 7/19/23 at 9:00 am JSI PHOTOS 00AM

This is still not a Pebble Surface CJSI Photos #2023-05708 P 5 Date: 7/19/23 at 9:00 am JSI PHOTOS 00AM Complainant: mark Tabaldi 1537 W Caldwell Street phoenix, AZ 85041

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: Lush Pools And Landscaping LLC DBA: 3575 E Lawndale Pl Queen Creek, AZ 85142

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.: 2023-05708 Investigator: Todd Anderson Inspection Date: July 19, 2023 Inspection Time: 9:00 AM

Compliance Jobsite General Notes:

See photos taken on July 19th, 2023 at 9:00AM. Contractor did not comply with Written Directive by taking any corrective action.

Compliance Findings:

Compliance Item: 1 - Wrong pool finish installed, and the pool finish installed is now defective. Investigator’s Observation: Verified. The pool finish installed is not a pebble product as was stated on the contract dated 4/13/23 Governing Rule:

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,

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

Mark Tabaldi, Case No. 2023-05708 COMPLAINANT, v. Lush Pools And Landscaping LLC CITATION License No. ROC 330626, RESPONDENT.

The Registrar issues this Citation to Lush Pools And Landscaping LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by August 5, 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 17, 2023, Mark Tabaldi (“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)(2)(a) Departure from or disregard of: (a) Plans or specifications in any material respect that is prejudicial to another without consent of the owner or the owner's duly authorized representative and without the consent of the person entitled to have the of 6

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 particular construction project or operation completed in accordance with such plans and specifications and code. Charge :2 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.

Charge :3 A.R.S. § 32-1154(A)(22)

Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a reasonable period of time after receiving a written directive from the Registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held.

If the matter proceeds to a hearing and the administrative law judge determines that any

of the charges listed above are supported by a preponderance of the evidence, then

Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be

subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E)

and (F).

FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2023-05708. of 6

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 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 Fax: (602) 364-0416 Email: [email redacted]

The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than August 5, 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 of 6

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 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- 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 of 6

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 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 July 21, 2023. By: /s/ Shaquira Adebule Shaquira Adebule Legal Assistant II Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, July 21, 2023 to: Respondent Certified Mail No: [number redacted] Lush Pools And Landscaping LLC 3575 E Lawndale Pl Queen Creek, AZ 85142

Copy mailed by USPS First Class mail this same date to: Respondent Lush Pools And Landscaping LLC 3575 E Lawndale Pl Queen Creek, AZ 85142 Complainant Mark Tabaldi 1537 W Caldwell Street Phoenix, AZ 85041 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 of 6

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Case No. 2023-05708 / SA

of 6

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 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 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)

mark douglas tabaldi Mailing Address (Enter jobsite in Contract/Project section) City State Zip

1537 W Caldwell Street phoenix Arizona 85041 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)

Lush Pools And Landscaping LLC ROC 330626 Street Address City State Zip

3575 E Lawndale Pl Queen Creek AZ 85142 Phone Number Email

[number redacted] [email redacted] Name of Person(s) Representing License

Larry Edward Contract/Project Information Contract Date Contract Amount Amount Paid

April 1, 2021 $49,500.00 $49,500.00 Date Work Started Date Work Stopped Date Work Was Completed

October 1, 2021 June 1, 2022 June 1, 2022 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

1537 W Caldwell Street phoenix AZ 85041 Name of Construction Site Owner Construction Site Name (if applicable)

mark douglas tabaldi 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

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

Has any work been corrected? No

The contract was Written All change orders were Both This project was Residential This project involved Other Pool A building permit was obtained by Contractor project # 131830 phoenix List and briefly describe each complaint item (Please do not write "see attached" or use additional pages unless necessary to further describe issues or list more complaint items) (limited to 100 characters per line)

Wrong pool finished installed, and the pool finish installed is now defected. We have been reaching out to the contractor since nov 2022 and keep being told they will inspect it. This has been going on for over 6 months. We also had a second contractor inspect and confirm it is defected and needs replacing.

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

mark douglas tabaldi \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 ROC#330626 Pool Quote Customer Name Tabaldi Residence Date 4/13/2021 Address 1537 West Caldwell Street Sales Person Larry Job City Phoenix State AZ ZIP 85041 Cell phone 480-677-5007 Phone [email redacted]

Qty Description Per Unit TOTAL PEBBLE TEC BRAND / PEBBLE SHEEN PACKAGE $18,595.00 $18,595.00 Phoenix, Surprise, Tempe, Wickenberg $900.00 $900.00 100 Perimeter (1st 80ft included) 80 75 . 445 Sq. Footage (1st 400 sq ft included) 400 . Perimeter greater than 80 $68.00 $1,360.00 Sq. Footage greater than 400 $8.25 $371.25 5.0 Max depth (Up to 5') 5 Included Standard Excavation - 10" clear access Trackhoe / Dump Truck, 1 included in price $1,650.00 Included Skimmer run 2 1/2" Plumbing except navigators(1st 15 ft Incl) 15 . Skimmer Run greater than 15 ft 15ln ft Venturi Skimmer (2 1/2" Plumbing) $12.35 $98.80 Total Number of Water Features . Water Feature Run Plumbing (20ft per feature included20 . Water Feature Run greater than 20ft 20 $4.15 $62.25 Benches in Pool (1st 8 ln ft Incl) 8 Lin. Feet . Benches in Pool greater than 8 8 Lin. Feet $20.00 $380.00 Steps in Pool (1st 27 ln ft incl) 27 Lin. Feet Included Aerator (One Included In Base 25' Run) $105.00 Included Looped Surface returns (1st 3 included) 3 Included AUTO Water Levelor 20' Run Included, 1 included in price $185.00 Included AUTO Water Levelor Over 20' of Run $2.75 $41.25 PCC2000 In-Floor Cleaning System Includes MDX3 Drain with 30' Run $2,361.00 $2,361.00 PCC 2000 In-Floor Cleaning System extra rotating heads over 4 (1per 90sq ft) $172.00 $688.00 PCC 2000 In-Floor Cleaning System step and bench heads Over 4 (min 4 add'l in spa) $138.00 $414.00 Upgrade to 520 sq. ft. Cartridge filter $310.00 $310.00 Pentair Intelliflo Variable Speed Pump (Add $225 for XF Variable Pump) $1,545.00 $3,090.00 Paramount Ultra UV Sanitation System 2 (4 Lamp System $995) $675.00 $675.00 Pentair 320 In Line Chlorine Feeder $205.00 $205.00 1/2 inch rigid conduit (1st 50 Included 112 3/4" Rigid Conduit for runs over 140' and 2 Pumps $7.25 $812.00 Pool light(s) (1 included)1 included in price) $494.00 Included Electrical Run for pool light(s) (1st 20 ft. included in price) . Electrical Run for pool light(s) greater than 20 ft. per light $7.75 $201.50 Upgrade To IntelliBright LED Color Light From Standard Light $488.00 $488.00 100 Tumbled Travertine Bull Nose Coping($19.50 per foot for non Bullnose) $15.60 $1,560.00 Retaining Wall 24" to 36" $61.75 $1,729.00 24"X24"X24" Column Finished W/Tile Face Travertine Cap $825.00 $1,650.00 5' Sheer Descent Incl (Must Not Exceed Max Radius Specs) $675.00 $675.00 650 SHEEN Pebble Interior (1st 720 Sq/Ft IA included in price) Included 100 6" waterline tile (per foot), 100 included in price Included Bar Stool with Tiled Top or TrazoCrete Seat Caps $450.00 $1,350.00 Easy Touch 4 Pool and Spa Controll Panel (No Remote) $1,205.00 $1,205.00 New iPhone / iPad / I Pod Touch Interface Kit (Incl Adapter and Router) $705.00 $705.00 100 Natural gas line 1 1/2" Heater Hook Up Only (Incl. Permit/25') 25' run) $695.00 $695.00 Additional gas line (Per foot over 25') $13.05 $978.75 Fire Wok Pot 33" Includes Riser and Burner (Add Gas Run) $685.00 $1,370.00 Auto Ignite Fire Wok Pot 33" Includes Riser(Add Gas Run and Electrical Run) $1,765.00 $1,765.00 Subtotal $44,735.80 Phoenix Sales Tax @ 5.75% $2,572.31 TOTAL $47,308.11

**Additional Permit Surcharges May Apply For Fences, BBQ's, Fire Pits, Etc. Depending On The City April 3rd 2022 text Mark Yesterday my understanding after talking to the plaster guy that the pebble sheen/aggregate after an acid wash today. Some guy came by today early. Not sure exactly what he other than stick the hose in the pool to fill. Was the acid wash suppose to bring the aggregate out? If so, I do not think he did that. Is it supposed to be blue when filling or should we see aggregate/people sheen look? Does it come out later?

Larry Matt the owner should be there in a few as he checks in on the jobs when they are done. He can answer any questions and the guy did more then just add the hose.

Mark Okay. Just worried not seeing the aggregate this morning like the guy yesterday said would happen after the acid wash. Make sure he knows to knock on the door. Thanks.

Mark Might have a problem. The plaster guy had direction to use a quartscape product and he said is a different than what we purchased. Our quote and what we picked out with mike is a sheen pebble. The only difference from pebble tec and sheen pebble is that the rocks are finer but still have a similar look but smoother. Same install process. He said he installed something different than what our quote stated. He said he cannot guarantee the final look until the poo is filled, but it does look like there will be a lot more blue than any pebble look at this point. We should discuss this week.

Larry

We matched the sample you selected at NPT, what was installed is another manufacturers Tahoe Blue Mark What was installed was totally different than what in on all my quote that was selected. The plaster guy confirmed we did no pebble at all as mike and I discussed. Two totally different applications and look. The pool looks like a regular blue plaster pool with no pebble. Did you review the quotes. The plater guy said that was not what he was told to install.

April 6 2022 Mark Will there be another step to bring out the color that is on the sample board? Right now it still looks like regular blue plaster?

Nov 22 2022 text Mark

Larry, it’s mark tabaldi on w Caldwell. We seem to have some issues with the plaster finish. For whatever reasons the Tahoe blue plaster is turning white, you can actually see where boot prints are coming through the plaster from the concrete below. Looks weird. My pool guy comes out weekly and thinks it is a plaster issue. Can you send me the contact who I need to call for the plaster. It should have a 1 year warranty? Need to gave this looked at asap before it gets worse. Thank you.

Larry I’ll reach out to my plaster guy and setup a meeting. I’m heading out of town for 4-5 days and will get back with you later next week.

Dec 2nd 2022 Mark Just checking in, are we going to set something up or can I call someone direct? Thanks.

Larry I’m going to be out that way Monday and if I could stop by, I can take some pictures to show him

Dec 3rd 2022 Mark Sent pictures to Larry of plaster issues

Jan 12 2023 Mark Just following up. Myran was out a few weeks ago took at. I would like to get this fixed before the busy season. Is someone supposed to reach out? Thanks.

Jan 15 2023 Mark Sent more pictures and text Not sure if I heard back yet. What is the next step in fixing our plaster tgat has footprints and abnormal markings coming through. We need to get done before the warranty runs out and before the busy season. Please respond Monday. Thanks again

Feb 1 2023 Mark Larry, we have been trying to get some resolution to the plaster issues we are having with our pool. It is clearly a warranty issue due to us first reporting this in November 2022 and the pool being completed in June of 2022. We are going on 3 months and nobody has plans or dates to fix. I have sent pictures several times to you and Miren so that you can share with the plaster guys. All we get is we are waiting for a contractor to reply. I believe 3 months is plenty time. Can you please let me know what we are doing about this problem. If I do not hear back, I will have to start getting other pool contractors involved to find out what needs to be done. Please respond so we do not need to go this direction. Thank you.

Feb 2 2023 Larry I was letting Myron handle it and I’ll get involved and find out Give me a day or two to talk to the subcontractor and find out then I’ll get back with you

Mark That sounds good. Anytime over next week is fine on a response. Thank you, larry.

Feb 16 2023 Checking back in. Are we setting up a date to get this fixed.

Thank You

Mark Tabaldi SouthernCarlson Sent by my IPhone JSI Photos #2023-05708 P 1 Date: 6/14/23 at 9:00 am JSI PHOTOS 00AM JSI Photos #2023-05708 P 2 Date: 6/14/23 at 9:00 am JSI PHOTOS 00AM JSI Photos #2023-05708 P 3 Date: 6/14/23 at 9:00 am JSI PHOTOS 00AM JSI Photos #2023-05708 P 4 Date: 6/14/23 at 9:00 am JSI PHOTOS 00AM JSI Photos #2023-05708 P 5 Date: 6/14/23 at 9:00 am JSI PHOTOS 00AM JSI Photos #2023-05708 P 6 Date: 6/14/23 at 9:00 am JSI PHOTOS 00AM

Jobsite Inspection Notes

Case No.: 2023-05708 Investigator: Todd Anderson Inspection Date: June 14, 2023 Inspection Time: 9:00 AM

Complainant: mark tabaldi Respondent: Lush Pools And Not Present: Landscaping LLC Not Present:

Jobsite General Notes:

**Not present for JSI was a representative of Lush Pools and Landscaping LLC

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: mark tabaldi 1537 W Caldwell Street Phoenix, AZ 85041

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: Lush Pools And Landscaping LLC DBA: 3575 E Lawndale Pl Queen Creek, AZ 85142

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 15, 2023

License No. ROC 330626

Re:Complaint No. 2023-05708

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

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

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

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 CJSI Photos #2023-05708 P 1 Date: 7/19/23 at 9:00 am JSI PHOTOS 00AM CJSI Photos #2023-05708 P 2 Date: 7/19/23 at 9:00 am JSI PHOTOS 00AM CJSI Photos #2023-05708 P 3 Date: 7/19/23 at 9:00 am JSI PHOTOS 00AM CJSI Photos #2023-05708 P 4 Date: 7/19/23 at 9:00 am JSI PHOTOS 00AM

This is still not a Pebble Surface CJSI Photos #2023-05708 P 5 Date: 7/19/23 at 9:00 am JSI PHOTOS 00AM Complainant: mark Tabaldi 1537 W Caldwell Street phoenix, AZ 85041

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: Lush Pools And Landscaping LLC DBA: 3575 E Lawndale Pl Queen Creek, AZ 85142

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.: 2023-05708 Investigator: Todd Anderson Inspection Date: July 19, 2023 Inspection Time: 9:00 AM

Compliance Jobsite General Notes:

See photos taken on July 19th, 2023 at 9:00AM. Contractor did not comply with Written Directive by taking any corrective action.

Compliance Findings:

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 0121345ÿ2724ÿ89 ÿÿ ÿ9 ÿÿ7ÿ7ÿ ÿ ÿÿ ÿÿÿ ÿÿ3!34!"Received #8/4/2023 !0 Legal Department

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$ 711 %%&1 1'1!1()* +!,0-2&./*. &$* . $*$ 7+##4424"4,!#00#+200.*%7+##4424"4,!#00#+21 313 Mediation Notice

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

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