2023A-05970-CHC-ROC AMENDED Notice of Hearing and Packet 2023-05970

2023A-05970-CHC-ROC · Registrar of Contractors · 2023-10-30

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA Marianne Naples , Case No. 2023-05970 COMPLAINANT, Docket No. 2023A-05970-CHC-ROC v. AMENDED NOTICE OF HEARING ON CONTESTED CASE Bannack Construction LLC License No. ROC 200811,

RESPONDENT.

This Notice of Hearing is issued under A.R.S. § 41-1092.05(D).

HEARING INFORMATION The hearing is set for:

December 5, 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 September 6, 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 October 30, 2023.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail October 30, 2023 to:

Respondent(s) Bannack Construction LLC PO Box 7902 Cave Creek, AZ 85327 Complainant(s) Marianne Naples 6145 E Cave Creek Rd #106 Cave Creek, AZ 85331

,

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. 2023-05970 /

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: Marianne Naples 6145 E Cave Creek Rd #106 Cave Creek, AZ 85331

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: Bannack Construction LLC PO Box 7902 Cave Creek, AZ 85327

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

June 5, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-05970

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for July 7, 2023 at 11:30 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

COMPLAINANT: 1. Under A.R.S. § 32-1155(D)(1), the Respondent must be allowed, upon request, the opportunity to inspect the work complained of within fifteen (15) days of receiving this notice. If Respondent is not provided an opportunity to inspect the work within the fifteen (15) day time period, the Registrar may be prohibited from taking further action on this complaint. 2. The Registrar may also be precluded from taking further action on this complaint, if the work that is the subject of the complaint is subject to neglect, modification, or abnormal use. A.R.S. § 32-1155(D)(2) 3. You must provide safe access to any area to be inspected. If access to a roof or other elevated area is required, you must provide a means to safely access the area (ladder or manlift as appropriate). Additionally, please secure any animals.

RESPONDENT: 1. Enclosed is a copy of the complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity to inspect the work complained of within fifteen days of the date of receipt of this notice. 2. To assist the assigned investigator in evaluating the merits of the complaint, please submit a response to the enclosed complaint to the assigned investigator prior to the scheduled inspection. 3. If you do not attend the jobsite inspection, your absence may negatively impact the investigation, and your interests. 4. If a building permit(s) was required for this project, please have the building permit information available at the jobsite inspection. If either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Katie Hobbs, Governor Martín Quezada, Director

If the parties resolve the complaint prior to the inspection, please notify the assigned investigator in writing and by phone as soon as possible.

Sincerely, David Fagerburg David Fagerburg, Investigator #210 602 7716735 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007-2812

CC: Respondent Complainant

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 April 21, 2023

Marianne,

I went to your house in good faith on March 20, 2023, accompanied by the Jeld wen factory rep, to caulk your patio door and reinstall weather stripping as I had mentioned in an earlier email, and also to do some other touchup items that seemed to be of concern to you. Shortly after I arrived, I was verbally assaulted, physically intimidated, cursed and screamed at, and called all kinds of rude names by your co owner Thomas. He asked if I would go outside with him, where he walked down the sidewalk cursing at me and calling me names. He then walked back up the sidewalk to where I was standing, and screamed in my face from a distance of 6-8”. There is a witness to this. The Jeld wen rep heard all of this from the back of your house, and was so disturbed by what he heard that he threatened to leave if Thomas didn’t quit what he was doing.

When I left the site, I reported this incident to local law enforcement, the developer who I built these townhomes for, and my legal advisor. The consensus from them was that I don’t have to take this kind of verbal assault and physical intimidation from anyone, nor do I have to put myself in a situation where I might be physically assaulted, so no, I do not plan on going back to your house to do any work.

I am also aware that you may be making false and damaging claims about me to the other residents of the development. I have a very good reputation and have never had a complaint filed against me with the Registrar of Contractors. If you are spreading things about my workmanship that are untrue, which I believe you are, this could be actionable slander.

I am not going to address each of your individual issues but would like to make some comments to set the factual record straight, and respond to some of the falsehoods that are contained in your previous email. The painter did use the correct sheen of paint at your house to garage door. The grout at that door thresh hold was fixed when the tiles in the living area were replaced.

I worked the week of Sept 12, had surgery on Sept. 19, and was back on the job on Oct. 3 for a documented meeting with an engineer. I was gone 2 weeks, not 6 as you stated. I went to Montana for 1 week at Christmas, well after you had closed on your unit.

All of your glass, including glass block, were cleaned twice by professional window cleaners. They also cleaned the screens. There was never any mention of scratches to the glass block windows or damage to the master bedroom window until well after closing. There were no scratches to any mirrors at closing.

I do know that the plumber returned the first week of April, and fixed the shower head. Also, masonry work has been done at the base of the garage overhead door. I explained to Thomas about two months ago that we never put the rubber cove on all of the garage walls. We only install it on walls where the drywall goes down to the slab, not on the walls that have concrete stem walls. Ask him. The stone mason came once to fix the stone work but didn’t get it done. I have reached out to them to get the two stones installed. He will be instructed to leave immediately if he is confronted or harassed by you or Thomas in any way.

All of the exterior alterations that were done to the garage area eaves were done at the behest of the town, with the approval of the developer. Plans for the alterations were drawn, submitted to and approved by the town. An additional permit was issued and after the work was done, the work was inspected and approved by the town. It was approved again as part of the final inspection. All of this took place before you had a walk thru or closed on the property. Copies of relevant documents may be available from the town building department.

The sub who would have fixed exposed nail heads and done other touchup work refused to enter your condo after learning that you had threatened to sue me and others on a continual basis. In conclusion, the fact is that when you closed on your townhome, you accepted it in its condition at that time. We have done many things as a courtesy to you that we did not have to do.

Tim Troy Bannack Construction LLC April 21, 2023 Katie Hobbs, Governor Martín Quezada, Director

Jobsite Inspection Notes

Case No.: 2023-05970 Investigator: David Fagerburg #210 Inspection Date: July 7, 2023 Inspection Time: 11:30 AM

Complainant: Marianne Naples, Respondent: David Luden, Thomas Fitzgibbons Homeowners Framing Contractor, Randy George, Not Present: Concrete Contractor, Brian Kunkel, Owner Carefree Floors & Karen Mourad Friend, Representing Bannack Construction LLC Timothy Troy Not Present:

Jobsite General Notes: Both parties were present at this jobsite investigation JSI photos taken with my Pixel 6 Pro Cell Phone JSI audio recorded with my Olympus Digital Voice Recorder model DM-620. Photos #1 and #2 are of the complainant’s residence and address.

Investigator Notes: 1: The respondent resides out of state during the summer months and was not present at the jobsite investigation.

2: The complainant acknowledged the move in date as being September 21, 2022.

3: Complaint Item 25 has been separated into 2 individual complaint items and will be addressed as Complaint Item 25a and 25b for clarity.

4: Addendum Complaint Item 12 has been separated into 4 individual complaint items and will be addressed as Addendum Complaint Item 12a, 12b, 12c and 12d for clarity.

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 RCC100 11/18

Compliant Item 1: The front hallway has 3 different baseboards and 2 of the corners are smashed ; Investigator’s Observation: Verified. At this jobsite investigation at the front hallway I observed 2 different profiles of baseboard installed with a miter joint that appears to have been sanded or smashed. See P (4) and P (5). The respondent shall correct the baseboard at the front entry hallway with 2 different baseboard profiles, widths and smashed corners by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 2: The front hallway has a seam on the ceiling that needs to be sanded and painted; Investigator’s Observation: Verified. At this jobsite investigation at the front hallway drywall ceiling I observed a visible seam line. See P (6). The respondent shall correct the visible drywall seam line at the front hallway ceiling by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 3: The tile throughout the house has been addressed several times but they still are uneven and I trip on it; Investigator’s Observation: Verified. At this jobsite investigation I observed floor tiles installed with lippage that exceeds 1/32” at various locations throughout the interior of the home including the front entry, kitchen, family room and bedroom. See P (8), P (9) and P (11). The respondent shall correct the floor tile installed throughout the interior of the home with lippage that exceeds 1/32” by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 4: There is a gauge on the door to the air unit in the hallway; Investigator’s Observation: Not Verified. At this jobsite investigation the complainant showed me a small gauge on the edge of the air handler door. The complainant acknowledged the gauge has been painted by the complainant. During this jobsite investigation I am unable to verify whether or not the gauge occurred after the complainant took possession of the home or if the gauge is the result of the respondent’s poor workmanship. Governing Rule: No Action

Compliant Item 5: Master bathroom shower head was staying everywhere from day one they sent someone 5 months later to replace but the replaced with a used one and it drips. I was told that they would come back but never did; Investigator’s Observation: Not Verified. At this jobsite investigation in the master bathroom I observed a shower head installed. The complainant acknowledged that the shower head does not spray everywhere after the respondent replaced the shower head. I am unable to verify whether or not the shower head installed is used. Governing Rule: No Action

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 RCC100 11/18

Compliant Item 6: Door in master to the outside needs screw holes to be filled; Investigator’s Observation: Not Verified. At this jobsite investigation the complainant acknowledged the screw holes has been filled by the complainant. Governing Rule: ARS §32-1155 (D) (2) (Modification)

Compliant Item 7: Master bathroom sliding door is loud and rough when opening and closing; Investigator’s Observation: Not Verified. At this jobsite investigation the complainant demonstrated that the master bathroom pocket door makes a noise when opening and closing the door. The door observed does make a noise when opening and closing but is not excessive. I am able to verify the pocket door installed is square, plumb, with the proper guides and hangs evenly in the frame. Governing Rule: No Action

Compliant Item 8: Light switch covers are crooked and sunk in the walls; Investigator’s Observation: Verified. At this jobsite investigation in the master bathroom I observed and am able to verify the light switch plate and J-box installed is crooked and sunk into the wall. See P (15) and P (16). The respondent shall correct the light switch plate and J-box that is crooked and sunk into the wall by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 9: Master medicine cabinets need to be replaced 1 has smashed corner they both have screws sticking out and both are bowed out. They also need paint around them; Investigator’s Observation: Verified. At this jobsite investigation in the master bathroom I observed 2 medicine cabinets installed, 1 with a bent corner, see P (17) and the other with screws that are not seated against the interior frame. See P (18) and P (19). I did not observe any missing paint. The respondent shall correct the medicine cabinet with a bent corner and screws that are not seated against the interior frame by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 10: Nails need to be filled under the cabinets; Investigator’s Observation: Verified. At this jobsite investigation I observed and am able to verify there are nail holes and butt joints at various cabinet toe kicks that are not filled. See P (21). The respondent shall correct the nail holes and toe kick joints that are not filled throughout by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

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 RCC100 11/18

Compliant Item 11: There's a big yellow goop on granite in master bathroom; Investigator’s Observation: Not Verified. At this jobsite investigation in the master bathroom I observed what appears to be a yellow discoloration in the countertop surface. See P (20). In the written response to the complainant the respondent stated he was unaware of any yellow goop or discoloration during the final walk thru. During a phone conversation on July 20, 2023 the respondent informed me that the countertop subcontractor in good faith made some minor repairs to the seams of the countertops and the complainant was satisfied with the repairs. There is insufficient evidence to substantiate that the yellow goop or discoloration in the master bathroom granite countertop surface was reported to the respondent at the final walk thru or within 10 days of taking possession of the home. Governing Rule: No Action

Compliant Item 12: Master bedroom glass block windows are extremely scratched and sloppy paint and grout everywhere; Investigator’s Observation: Not Verified. At this jobsite investigation the complainant showed me a glass block window installed in the master bedroom. Standing at a distance of 15 ft. I am unable to observe any scratches on the glass block. I did not observe sloppy paint or grout everywhere. Per ROC Workmanship Standards glass and mirror defects should be reported to the respondent at the time of walk thru or within 10 days of occupancy. There is insufficient evidence to substantiate that any scratches on the glass block windows were reported to the respondent at the final walk thru or within 10 days of taking possession of the home. Governing Rule: No Action

Compliant Item 13: Guest bathroom toilet needs to be replaced. It has scratches in the bowl and a dimple which is dark; Investigator’s Observation: Not Verified. At this jobsite investigation in the guest bathroom the complainant showed me a small dark dimple on the surface of the toilet bowl interior. The small dimple observed may be a manufacturer defect or may have developed after the complainant took possession of the home. I did not observe any scratches on the toilet bowl finished surfaces. There is insufficient evidence to substantiate that the small dark dimple in the guest bathroom toilet bowl was reported to the respondent at the final walk thru or within 10 days of taking possession of the home. Governing Rule: No Action

Compliant Item 14: The guest bathroom mirror and light are not centered above each other and the mirror has scratches on it; Investigator’s Observation: Verified. At this jobsite investigation in the guest bathroom I observed and am able to verify 1 of the mirrors and light fixtures installed is are not centered above each other. See P (22). I did not observe any scratches on either mirror. Per ROC Workmanship Standards glass and mirror defects should be reported to the respondent at the time of walk thru or within 10 days of occupancy. I am able to verify there is no documentation that the respondent was notified within 10 days of occupancy or at the final walk thru of any scratches on the mirrors. Unless otherwise specified, industry standard is to have the light fixture, mirror and vanity sink centered over each

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 RCC100 11/18

other. The respondent shall correct the guest bathroom mirror and light that are not centered by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 15: Nails under cabinets need to be finished; Investigator’s Observation: This complaint item has been previously addressed in complaint item 10. Governing Rule: No Action

Compliant Item 16: Kitchen sink needs to be replaced. There are numerous tool scratches I have pictures of tools and such all over my granite and sink unprotected. It was mentioned during walk through and numerous conversations. I was finally told on March 20 that he was not going to replace it due to cost because it would cost a lot for the granite and backsplash. I told him to give me$10,000 and I would handle the replacement of the sink and granite and backsplash; Investigator’s Observation: Not Verified. At this jobsite investigation I had no knowledge as to whether or not the scratched kitchen sink was mentioned during the final walk thru or what the complainant may have been told. During this jobsite investigation I observed an under mount stainless steel sink installed at the kitchen countertop with minor scratches in the bottom of the sink. During this jobsite investigation I informed the complainant that written documentation is required to verify that the scratches were reported to the respondent during the final walk thru or within 10 days of the complainant taking possession of the home. During a phone conversation on July 20, 2023 the respondent informed me that the scratches in the kitchen sink were not reported at the final walk thru or within 10 days of the complainant taking possession of the home. There is insufficient evidence to substantiate that the scratches in the kitchen sink were reported to the respondent at the final walk thru or within 10 days of the complainant taking possession of the home. Governing Rule: No Action

Compliant Item 17: The granite in the kitchen needs to be buffed out due to all the construction tools that scratched it all up. I have pictures and witnesses before closing; Investigator’s Observation: Not Verified. At this jobsite investigation the complainant showed me a photo where the respondent’s subcontractors had left tools and other items on the granite kitchen countertop. During this jobsite investigation while standing at a normal position in natural daylight I am unable to see any scratches on the granite kitchen countertop. There is insufficient evidence to substantiate that the scratches on the kitchen granite countertop surface were reported to the respondent at the final walk thru or within 10 days of taking possession of the home. Governing Rule: No Action

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 RCC100 11/18

Compliant Item 18: The cabinets need to be replaced or fixed because when they screwed them in they screwed to far and cracked the wood inside; Investigator’s Observation: Not Verified. At this jobsite investigation I observed an kitchen upper wall cabinet installed using screws. The screw observed appears to have caused the wood at the cabinet back panel to splinter and crack. See P (23). The slight damage has been repaired by the respondent by using wood filler. The cabinet installation is sound, the repair is considered acceptable and does not affect the structural integrity or operation of the cabinet. Governing Rule: No Action

Compliant Item 19: The unfinished nail holes under cabinets need to be filled in and around fridge cubby also the kickboard under cabinets has a gauge in it and the end of the board needs to be trimmed and painted; Investigator’s Observation: Verified. At this jobsite investigation at the kitchen cabinets I observed a toe kick board with a gouge at the end, the toe kick is not flush with the end of the cabinet, is not painted and there is splintering on the cabinet end panel below the countertop. See P (24) and P (25). The respondent shall correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 20: The trash cabinet doesn't close properly and do not have access to the 2nd garbage can.; Investigator’s Observation: Not Verified. At this jobsite investigation the complainant showed me a kitchen trash cabinet drawer that allegedly does not operate properly. During this jobsite investigation while opening the kitchen trash cabinet door I am able to verify the drawer fully opens and both trash cans can be accessed and removed as designed. Governing Rule: No Action

Compliant Item 21: The microwave hits the cabinet when you open it; Investigator’s Observation: Verified. At this jobsite investigation I observed and am able to verify that when opening the cabinet door to the left of the microwave, the cabinet door comes in contact with the microwave frame and there is slight damage to the door edge surface of the cabinet door. See P (26). The respondent shall correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

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 RCC100 11/18

Compliant Item 22: Rounded corner near fridge baseboard needs to be replaced and aligned; Investigator’s Observation: Verified. At this jobsite investigation I observed rounded baseboard corners with a profile that does not match the baseboard installed throughout the interior of the home. See P (27) and P (28). The respondent shall correct the mismatched rounded baseboard corners that do not match the baseboard profile throughout the interior of the home by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 23: We are supposed to get a new sliding glass door and screen in living room and new window in master bedroom they came out to measure on March 20th and was told it would be about 5-6 weeks. We still have not heard anything about it nor do I know the contractor name and phone number; Investigator’s Observation: This complaint items will be addressed in Addendum Complaint Item 19. Governing Rule: No Action

Compliant Item 24: We had the door going to garage because frame was cracked. They replaced 6 months later but the gray paint did not match around the replaced door the sheen is noticeably different they also messes up the grout by the door. ; Investigator’s Observation: Not Verified. At this jobsite investigation at the garage man door I am unable to verify that the grey paint sheen is noticeably different. The crack at the door threshold to floor tile grout joint does not exceed 1/16” P (13). Governing Rule: No Action

Compliant Item 25a: We were not told about the overhang that was cut off on both sides of our house. Investigator’s Observation: Not Verified. At this jobsite investigation the respondent’s representative explained that the Town of Cave Creek Planning and Zoning Department required the overhangs to be removed due to the proximity of neighboring roof eaves. In reviewing 2015 IRC code R 302.1 and Table R 302.1(1) Fire Resistant Construction it appears the complainant’s previous roof eaves violated this section and were required to be removed by the Town of Cave Creek Planning and Zoning. Prior to this jobsite investigation the respondent provided a written response to this complaint item and stated that all of the alterations done to the garage overhangs were required by the town, neither me nor the developer had any say in the matter and all the alterations were done prior to closing. Governing Rule: No Action

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 RCC100 11/18

Compliant Item 25b: He replaced something beautifully structured like all the other buildings with a 2 x 6 board not even all painted. We get water pouring down the sides of house and there is space now for animals to get in. It isn't even holding up the roof. Water is getting into the garage now which could turn into mold. ; Investigator’s Observation: Verified. At this jobsite investigation I observed a garage roof structure that does not have any eaves extending past the wall framing. The area in question does not have adequate paint coverage and there is an open space on the northwest corner of the garage roof where birds or other animals may have access. See P (1), P (29) and P (30). I did not observe any area that would be prone to water intrusion. The respondent shall correct the fascia with inadequate paint coverage and secure the opening observed by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 26: There are bricks missing on the north side of our building. Investigator’s Observation: Not Verified. At this jobsite investigation the complainant acknowledged this complaint item has been corrected by the respondent. Governing Rule: No Action

Compliant Item 27: There are also elbows missing outside for pipes all which was noted on our inspection report. ; Investigator’s Observation: Not Verified. At this jobsite investigation the complainant acknowledged that the local building authority passed final inspection and issued a C of O and the pipes with elbows missing observed at the front entry are for the neighbor’s hot water heater TPR and condensate drain lines. Governing Rule: No Action

Compliant Item 28: Anchors are exposed around house. Investigator’s Observation: Not Verified. At this jobsite investigation I observed 2 exposed wall anchors at the back patio. See P (33). Prior to this jobsite investigation the respondent provided a written response to this complaint item stating, the straps in the stem wall are part of the approved structural details of the unit. I am able to verify the anchors observed are sealed with paint and the local building authority passed final inspection and issued a C of O. Governing Rule: No Action

Compliant Item 29: The garage needs to be sealed garage door there are paint stains on both sides in and out of the overhead garage door and the bottom; Investigator’s Observation: Not Verified. At this jobsite investigation the complainant acknowledged that this complaint item was corrected by the complainant. Governing Rule: ARS §32-1155 (D) (2) (Modification)

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 RCC100 11/18

Compliant Item 30: There is paint on all the windows on the outside. Investigator’s Observation: Not Verified. At this jobsite investigation the complainant did not show me all the windows installed at the exterior of the home and referred to the glass block window on the south side of the home. Prior to this jobsite investigation the respondent provided a written response stating the windows were professionally cleaned on 2 separate occasions. I am able to verify there is no evidence of paint on all the exterior window observed. Governing Rule: No Action

Compliant Item 31: Our inspector said he couldn't even inspect the windows because they were too dirty. ; Investigator’s Observation: This is a statement made by the complainant that does not imply poor workmanship. Governing Rule: No Action

Compliant Item 32: Tile contractor used the patio to cut their tile and put numerous cuts in the concrete. Investigator’s Observation: Not Verified. Prior to this jobsite investigation the respondent provided a written response to this complaint item acknowledging the respondent’s tile contractor used the patio to cut tile and put numerous cuts in the concrete and as a method to repair the respondent’s tile contractor had the patio coated with epoxy. During this jobsite investigation I did not observe any cuts in the concrete patio surface. Governing Rule: No Action

Compliant Item 33: We had the patio epoxy but now it's cracking. Investigator’s Observation: Not Verified. At this jobsite investigation I observed a back concrete patio with an epoxy coating applied. See P (33). Prior to this jobsite investigation the respondent provided a written response to this complaint item acknowledging the respondent’s tile contractor used the patio to cut tile and put numerous cuts in the concrete and as a method to repair the respondent’s tile contractor had the patio coated with epoxy allowing the complainant to choose the color. During this jobsite investigation at the back patio the complainant showed me small cracks in the control joints that do not exceed 3/8”. Governing Rule: No Action

Compliant Item 34: Again we have no contact information for any of the contractors that worked on our house. ; Investigator’s Observation: This is a statement made by the complainant that does not imply poor workmanship. Governing Rule: No Action

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 RCC100 11/18

Compliant Item 35: The floor up the walls on patio has cracks and patio needs to be painted: Investigator’s Observation: Verified. At this jobsite investigation I did not observe any area of the patio that needs to be painted. During this jobsite investigation I observed a crack in the stem wall at the back patio of the home. See P (34). The crack observed exceeds 1/8”. Per ROC Workmanship Standards, Cracks in “cast in place” concrete stems; cracks wider than 1/8" should be properly repaired with appropriate material. The respondent shall correct the crack at the back patio concrete stem wall under the slider by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 36: I don't know if it's because of my disability that I was taken advantage of but I can't get any answers about anything not even the name of the color paint on the walls etc Investigator’s Observation: This is a statement made by the complainant that does not imply poor workmanship. Governing Rule: No Action

Addendum Compliant Item 1: All the outside brickwork has sloppy mortar. Some of the bricks are cracked and missing mortar. Investigator’s Observation: Verified. At this jobsite investigation at the backyard pillars with bricks installed I observed mortar that is missing in some of the joints and what appears to be mortar splattered on the bricks. See P (35) and P (37) thru P (39). I did not observe any cracked bricks. The respondent shall correct the brickwork with mortar splatters throughout the exterior by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Addendum Compliant Item 2: There are white drippings on the back southeast pilar. Investigator’s Observation: Verified. At this jobsite investigation at the back patio southeast pillar I observed what appears to be white caulking drippings. See P (36). The respondent shall correct the southeast pillar with white drippings by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards. Addendum Compliant Item 3: And a lot of mortar splashes around garage overhead door. Investigator’s Observation: Verified. At this jobsite investigation I observed and am able to verify there is mortar splashes around the garage overhead door. See P (30) and P (37) thru P (39). The respondent shall correct the mortar splashes around garage overhead door by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

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 RCC100 11/18

Addendum Compliant Item 4: The roof on patio has seam cracks which is separating from the walls. Investigator’s Observation: Not Verified. At this jobsite investigation I observed a crack at the drywall to stucco joint at the back patio ceiling. Per the ROC Workmanship Standards Cracks of more than 1/16” at joints with other dissimilar materials that exceed 1/16” are unacceptable. The crack observed does not exceed 1/16”. Governing Rule: No Action

Addendum Compliant Item 5: The wood is curling and stucco has cracked across the outside of overhead garage door. Investigator’s Observation: Not Verified. At this jobsite investigation at the front garage door header I observed an exterior trim board that has a cup or curl on the face of the board and a small crack at the stucco to trim board joint. See P (39). Exterior natural wood is exposed to the elements year round and it is not uncommon for wood to warp, twist or cup over time. The stucco crack observed does not exceed 1/16” Governing Rule: No Action

Addendum Compliant Item 6: Wood near front door have several issues it needs to be painted and there are 2 large vertical cracks on the wood pilar. Investigator’s Observation: Not Verified. At this jobsite investigation at the front entry of the home I observed an 8”x 8” solid Douglas fir timber post installed with a crack on the north side. Solid natural wood timber posts are exposed to the elements year round, are prone to expansion and contraction and may display some cracking over time. The crack observed does not go all the through the timber post and there is no evidence that the structural integrity of the solid wood pillar is compromised. Governing Rule: No Action

Addendum Compliant Item 7: The wood on top by roof has little to no paint where they cut off the architectural features on both sides of the building. We were not informed of this. Every other buildings has the architectural features and our building also had it when we purchased the home and they cut off the features which also left us with no vents that were included in the feature. The 2x6 piece of wood the used to replace the feature left a gap along the roof line. There is still painters tape near roof. Since they took off the architectural feature, this is also allowing water in our garage. Investigator’s Observation: This complaint item has been previously addressed in Complaint Items 25a and 25b. Governing Rule: No Action

Addendum Compliant Item 8: On the south side of house there is a crack on a supporting beam and also needs to be painted. Investigator’s Observation: Not Verified. At this jobsite investigation I did not observe a crack on the supporting beam with missing paint. Governing Rule: No Action

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 RCC100 11/18

Addendum Compliant Item 9: The cubby on south side of house top near wood is cracked. Investigator’s Observation: Not Verified. At this jobsite investigation I did not observe cracked wood on the south side of the house top at the cubby. Governing Rule: No Action

Addendum Compliant Item 10: Wood on northwest corner has no paint on it. Investigator’s Observation: This addendum complaint item has been previously addressed in complaint item 25b. Governing Rule: No Action

Addendum Compliant Item 11: There are issues with all the wood features around the outside of the house which are too much to list all. Investigator’s Observation: Not Verified. At this jobsite investigation the complainant did not inform me of any other issues with all wood features around the outside of the house. This is a statement made by the complainant that does not imply poor workmanship. Governing Rule: No Action

Addendum Compliant Item 12a: The floor tile throughout the house has different spacing and grout depth between tiles which is very noticeable. I’ve looked at other units and their tile looks great. I keep tripping on the corners of the floor tiles because they are not flat. Investigator’s Observation: Verified. At this jobsite investigation I observed floor tiles installed throughout the interior of the home with grout line widths that vary and are not uniform. See P (7) and P (11). Some of the grout appears to have air pockets, is loose and cracking. See P (12) and P (14). Floor tiles with lippage has been previously addressed in complaint item 3. During this jobsite investigation the respondent’s tile contractor acknowledged the grout spacing is to be 1/8” in width and the tile installed is not rectified. The respondent shall correct the floor tile throughout the interior of the home with grout lines that are not uniform and grout that is loose and cracking by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Addendum Compliant Item 12b: I keep tripping on the corners of the floor tiles because they are not flat. Investigator’s Observation: This complaint item has been previously addressed in complaint item 3. Governing Rule: No Action

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 RCC100 11/18

Addendum Compliant Item 12c: We had tile people out a couple of times but every time they tried to fix tiles throughout the house they would break other tiles around the tiles they we’re trying to fix. Investigator’s Observation: Verified. At this jobsite investigation I observed floor tiles installed with chips. See P (7). The respondent’s tile contractor acknowledged some of the floor tiles installed are chipped. The respondent shall correct the chipped floor tiles throughout the interior of the home by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Addendum Compliant Item 12d: We have hollow tiles that clank which we’re supposed to be replaced but workers and they said they would fix but never showed up. We contacted the tile store and they said they are floating tiles and they feel they don’t need to replace until they break. Investigator’s Observation: Not Verified. At this jobsite investigation the complainant showed me 2 tiles at the entry to the home that have a hollow sound. During this jobsite investigation I informed both parties that up to 20% of the total area of tiles installed can have a hollow sound as long as the tiles are not lose and are solidly bonded to the substrate. I am able to verify there is not more than 20% of the total floor tile installed that has a hollow sound and the tiles observed are solidly bonded to the substrate. Governing Rule: No Action

Addendum Compliant Item 13: There is a large crack in wall outside the sliding glass door. Investigator’s Observation: This complaint item has been previously addressed in complaint item 35. Governing Rule: No Action

Addendum Compliant Item 14: The foundation under sliding glass door is also cracked. Investigator’s Observation: This complaint item has been previously addressed in complaint item 35. Governing Rule: No Action

Addendum Compliant Item 15: On the southeast side of building by patio has a very large foundation hole. Investigator’s Observation: Not Verified. At this jobsite investigation the complainant did not show me the large foundation hole. Governing Rule: No Action

Addendum Compliant Item 16: There is no caulking on lower overhead garage door which allows water into the garage. Investigator’s Observation: Not Verified. At this jobsite investigation the complainant acknowledged that this complaint item was corrected by the complainant. Governing Rule: ARS §32-1155 (D) (2) (Modification)

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 RCC100 11/18

Addendum Compliant Item 17: There are numerous cracks on garage floor and up the south sides of cement going up the walls. Which is allowing water into the garage. Investigator’s Observation: Not Verified. At this jobsite investigation I observed and am able to verify the small crack in the garage slab does not exceed 3/32”. See P (40). Governing Rule: No Action

Addendum Compliant Item 18: Vents on the upper part of outside wall are closed/open which allows insects to get in. Investigator’s Observation: Not Verified. At this jobsite investigation at an exterior exhaust vent located on the north side of the home I observed what appears to be Galvanized wire mesh stuffed in the opening that is supposed to open and close when the exhaust fan or dryer is operating. See P (41). There is insufficient evidence to substantiate as to whether or not the wire mesh observed inside the vent was installed by the respondent or another person. Governing Rule: No Action

Addendum Compliant Item 19: Below are additional items for the addendum Back in September of 2022 I pointed out to Tim the issues with our sliding doors and bedroom window. We kept waiting and bringing up the issue along with everything else. He knew time was of the Essence with the repairs. Finally on March 20th Mark Kilmer from Jeld-Wen came to my house to measure for a new sliding glass door and new master bedroom window. He informed me that new ones will be installed in about 6 weeks.

I’ve been waiting and decided to call a couple of weeks ago and they gave me a case number #03608729 and that they would get back to me. I didn’t hear from them so I decided to call 6/26/23. After being on the phone with them all morning I was informed that they tried to call Tim Troy on March 24th. They did not hear back from Tim, so on April 22nd they closed the case. (They actually had 7 windows from different units that needed replacement and since they didn’t hear back on those - they were also closed. They were supposed to be for units 102, 106, 204 & 205)

I talked to Tammy the supervisor on 6/26/23 and she gave me a new case number #3866129. She said after several attempts to reach Tim Troy to avail. That Tim Troy negligently let the warranty expire on the bedroom window but in good faith she will send us a new window and frame for the master bedroom. Tammy said the installation would be the responsibility of the contractor. This will have to also include to have it installed which will also require to have someone to repair drywall and paint the inside around the window plus have someone fix the outside stucco and paint the outside stucco. Etc. She will also send us a new sliding glass door that leads out to our patio and my understanding is that they will install the slider, but once again we will have to pay for painting inside around the slider and painting stucco on the outside. Investigator’s Observation: Verified. After this jobsite investigation the respondent provided an email from Jeld-Wen, the manufacturer of the windows and sliding glass doors and an email from the HOA for the complex informing residents, including the complainant that the window problems will be taken care of on August 2, 2023 under the manufacturer’s warranty. Governing Rule: No Action 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 RCC100 11/18

July 7, 2023 2023-05970 JSI Photos

6145 E Cave Creek Rd #106 Cave Creek, AZ 85331

P1 P2 P3 P4 P5 P6 P7 P8 P9 P 10 P 11 P 12 P 13 P 14 P 15 P 16 P 17 P 18 P 19 P 20 P 21 P 22 P 23 P 24 P 25 P 26 P 27 P 28 P 29 P 30 P 31 P 32 P 33 P 34 P 35 P 36 P 37 P 38 P 39 P 40 P 41 Complainant: Marianne Naples 6145 E Cave Creek Rd #106 Cave Creek, AZ 85331

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Respondent: Bannack Construction LLC PO Box 7902 Cave Creek, AZ 85327

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 July 21, 2023

License No. ROC 200811

Re:Complaint No. 2023-05970

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 Friday August 11, 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.

Investigator Notes:

1: The respondent resides out of state during the summer months and was not present at the jobsite investigation.

2: The complainant acknowledged the move in date as being September 21, 2022.

3: Complaint Item 25 has been separated into 2 individual complaint items and will be addressed as Complaint Item 25a and 25b for clarity.

4: Addendum Complaint Item 12 has been separated into 4 individual complaint items and will be addressed as Addendum Complaint Item 12a, 12b, 12c and 12d for clarity.

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

Compliant Item 1: The front hallway has 3 different baseboards and 2 of the corners are smashed; Investigator’s Observation: Verified. The respondent shall correct the baseboard at the front entry hallway with 2 different baseboard profiles, widths and smashed corners by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 2: The front hallway has a seam on the ceiling that needs to be sanded and painted; Investigator’s Observation: Verified. The respondent shall correct the visible drywall seam line at the front hallway by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 3: The tile throughout the house has been addressed several times but they still are uneven and I trip on it; Investigator’s Observation: Verified. The respondent shall correct the floor tile installed throughout the interior of the home with lippage that exceeds 1/32” by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 8: Light switch covers are crooked and sunk in the walls; Investigator’s Observation: Verified. The respondent shall correct the light switch plate and J-box that is crooked and sunk into the wall at the master bathroom by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 9: Master medicine cabinets need to be replaced 1 has smashed corner they both have screws sticking out and both are bowed out. They also need paint around them; Investigator’s Observation: Verified. The respondent shall correct the medicine cabinet with a bent corner and screws that are not seated against the interior frame at the master bathroom by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Compliant Item 10: Nails need to be filled under the cabinets; Investigator’s Observation: Verified. The respondent shall correct the nail holes and toe kick joints that are not filled throughout by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 14: The guest bathroom mirror and light are not centered above each other and the mirror has scratches on it; Investigator’s Observation: Verified. The respondent shall correct the guest bathroom mirror and light that are not centered by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 19: The unfinished nail holes under cabinets need to be filled in and around fridge cubby also the kickboard under cabinets has a gauge in it and the end of the board needs to be trimmed and painted; Investigator’s Observation: Verified. The respondent shall correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 21: The microwave hits the cabinet when you open it; Investigator’s Observation: Verified. The respondent shall correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 22: Rounded corner near fridge baseboard needs to be replaced and aligned; Investigator’s Observation: Verified. The respondent shall correct the mismatched rounded baseboard corners that do not match the baseboard profile throughout the interior of the home by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 25b: He replaced something beautifully structured like all the other buildings with a 2 x 6 board not even all painted. We get water pouring down the sides of house and there is space now for animals to get in. It isn't even holding up the roof. Water is getting into the garage now which could turn into mold. ; Investigator’s Observation: Verified. The respondent shall correct the fascia with inadequate paint coverage and secure the opening observed by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Compliant Item 35: The floor up the walls on patio has cracks and patio needs to be painted: Investigator’s Observation: Verified. Per ROC Workmanship Standards, Cracks in “cast in place” concrete stems; cracks wider than 1/8" should be properly repaired with appropriate material. The respondent shall correct the crack at the back patio concrete stem wall under the slider by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Addendum Compliant Item 1: All the outside brickwork has sloppy mortar. Some of the bricks are cracked and missing mortar. Investigator’s Observation: Verified. The respondent shall correct the brickwork with mortar splatters throughout the exterior by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Addendum Compliant Item 2: There are white drippings on the back southeast pilar. Investigator’s Observation: Verified. The respondent shall correct the southeast pillar with white drippings by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Addendum Compliant Item 3: And a lot of mortar splashes around garage overhead door. Investigator’s Observation: Verified. The respondent shall correct the mortar splashes around garage overhead door by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Addendum Compliant Item 12a: The floor tile throughout the house has different spacing and grout depth between tiles which is very noticeable. I’ve looked at other units and their tile looks great. I keep tripping on the corners of the floor tiles because they are not flat. Investigator’s Observation: Verified. The respondent shall correct the floor tile throughout the interior of the home with grout lines that are not uniform and grout that is loose and cracking by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Addendum Compliant Item 12c: We had tile people out a couple of times but every time they tried to fix tiles throughout the house they would break other tiles around the tiles they we’re trying to fix. Investigator’s Observation: Verified. The respondent shall correct the chipped floor tiles throughout the interior of the home by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

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

Compliant Item 4: There is a gauge on the door to the air unit in the hallway; Investigator’s Observation: Not Verified. I am unable to verify whether or not the gauge occurred after the complainant took possession of the home or if the gauge is the result of the respondent’s poor workmanship. Governing Rule: No Action

Compliant Item 5: Master bathroom shower head was staying everywhere from day one they sent someone 5 months later to replace but the replaced with a used one and it drips. I was told that they would come back but never did; Investigator’s Observation: Not Verified. I am unable to verify whether or not the shower head installed is used. Governing Rule: No Action

Compliant Item 6: Door in master to the outside needs screw holes to be filled; Investigator’s Observation: Not Verified. The complainant acknowledged the screw holes has been filled by the complainant. Governing Rule: ARS §32-1155 (D) (2) (Modification)

Compliant Item 7: Master bathroom sliding door is loud and rough when opening and closing; Investigator’s Observation: Not Verified. I am able to verify the pocket door installed is square, plumb, with the proper guides and hangs evenly in the frame. Governing Rule: No Action

Compliant Item 11: There's a big yellow goop on granite in master bathroom; Investigator’s Observation: Not Verified. There is insufficient evidence to substantiate that the yellow goop or discoloration on the master bathroom granite countertop surface was reported to the respondent at the final walk thru or within 10 days of taking possession of the home. Governing Rule: No Action

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Compliant Item 12: Master bedroom glass block windows are extremely scratched and sloppy paint and grout everywhere; Investigator’s Observation: Not Verified. There is insufficient evidence to substantiate that any scratches on the glass block windows were reported to the respondent at the final walk thru or within 10 days of taking possession of the home. Governing Rule: No Action

Compliant Item 13: Guest bathroom toilet needs to be replaced. It has scratches in the bowl and a dimple which is dark; Investigator’s Observation: Not Verified. There is insufficient evidence to substantiate that the small dark dimple in the guest bathroom toilet bowl was reported to the respondent at the final walk thru or within 10 days of taking possession of the home. Governing Rule: No Action

Compliant Item 15: Nails under cabinets need to be finished; Investigator’s Observation: This complaint item has been previously addressed in complaint item 10. Governing Rule: No Action

Compliant Item 16: Kitchen sink needs to be replaced. There are numerous tool scratches I have pictures of tools and such all over my granite and sink unprotected. It was mentioned during walk through and numerous conversations. I was finally told on March 20 that he was not going to replace it due to cost because it would cost a lot for the granite and backsplash. I told him to give me$10,000 and I would handle the replacement of the sink and granite and backsplash; Investigator’s Observation: Not Verified. There is insufficient evidence to substantiate that the scratches in the kitchen sink were reported to the respondent at the final walk thru or within 10 days of the complainant taking possession of the home. Governing Rule: No Action

Compliant Item 17: The granite in the kitchen needs to be buffed out due to all the construction tools that scratched it all up. I have pictures and witnesses before closing; Investigator’s Observation: Not Verified. There is insufficient evidence to substantiate that the scratches on the kitchen granite countertop surface were reported to the respondent at the final walk thru or within 10 days of taking possession of the home. Governing Rule: No Action

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Compliant Item 18: The cabinets need to be replaced or fixed because when they screwed them in they screwed to far and cracked the wood inside; Investigator’s Observation: Not Verified. The cabinet installation is sound, the repair is considered acceptable and does not affect the structural integrity or operation of the cabinet. Governing Rule: No Action

Compliant Item 20: The trash cabinet doesn't close properly and do not have access to the 2nd garbage can.; Investigator’s Observation: Not Verified. I am able to verify the drawer fully opens and both trash cans can be accessed and removed as designed. Governing Rule: No Action

Compliant Item 23: We are supposed to get a new sliding glass door and screen in living room and new window in master bedroom they came out to measure on March 20th and was told it would be about 5-6 weeks. We still have not heard anything about it nor do I know the contractor name and phone number; Investigator’s Observation: This complaint items will be addressed in Addendum Complaint Item 19. Governing Rule: No Action

Compliant Item 24: We had the door going to garage because frame was cracked. They replaced 6 months later but the gray paint did not match around the replaced door the sheen is noticeably different they also messes up the grout by the door. ; Investigator’s Observation: Not Verified. I am unable to verify that the grey paint sheen is noticeably different. The crack at the door threshold to floor tile grout joint does not exceed 1/16”. Governing Rule: No Action

Compliant Item 25a: We were not told about the overhang that was cut off on both sides of our house. Investigator’s Observation: Not Verified. In reviewing 2015 IRC code R 302.1 and Table R 302.1(1) Fire Resistant Construction it appears the complainant’s previous roof eaves violated this section and were required to be removed by the Town of Cave Creek Planning and Zoning. Governing Rule: No Action

Compliant Item 26: There are bricks missing on the north side of our building. Investigator’s Observation: Not Verified. The complainant acknowledged this complaint item has been corrected by the respondent. Governing Rule: No Action

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Compliant Item 27: There are also elbows missing outside for pipes all which was noted on our inspection report. ; Investigator’s Observation: Not Verified. The complainant acknowledged that the local building authority passed final inspection and issued a C of O and the pipes with elbows missing observed at the front entry are for the neighbor’s hot water heater TPR and condensate drain lines. Governing Rule: No Action

Compliant Item 28: Anchors are exposed around house. Investigator’s Observation: Not Verified. I am able to verify the anchors observed are sealed with paint and the local building authority passed final inspection and issued a C of O. Governing Rule: No Action

Compliant Item 29: The garage needs to be sealed garage door there are paint stains on both sides in and out of the overhead garage door and the bottom; Investigator’s Observation: Not Verified. The complainant acknowledged that this complaint item was corrected by the complainant. Governing Rule: ARS §32-1155 (D) (2) (Modification)

Compliant Item 30: There is paint on all the windows on the outside. Investigator’s Observation: Not Verified. I am able to verify there is no evidence of paint on all the exterior window observed. Governing Rule: No Action

Compliant Item 31: Our inspector said he couldn't even inspect the windows because they were too dirty. ; Investigator’s Observation: This is a statement made by the complainant that does not imply poor workmanship. Governing Rule: No Action

Compliant Item 32: Tile contractor used the patio to cut their tile and put numerous cuts in the concrete. Investigator’s Observation: Not Verified. During this jobsite investigation I did not observe any cuts in the concrete patio surface. Governing Rule: No Action

Compliant Item 33: We had the patio epoxy but now it's cracking. Investigator’s Observation: Not Verified. At the back patio the complainant showed me small cracks in the control joints that do not exceed 3/8”. Governing Rule: No Action

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Compliant Item 34: Again we have no contact information for any of the contractors that worked on our house. ; Investigator’s Observation: This is a statement made by the complainant that does not imply poor workmanship. Governing Rule: No Action

Compliant Item 36: I don't know if it's because of my disability that I was taken advantage of but I can't get any answers about anything not even the name of the color paint on the walls etc Investigator’s Observation: This is a statement made by the complainant that does not imply poor workmanship. Governing Rule: No Action

Addendum Compliant Item 4: The roof on patio has seam cracks which is separating from the walls. Investigator’s Observation: Not Verified. Per the ROC Workmanship Standards Cracks of more than 1/16” at joints with other dissimilar materials that exceed 1/16” are unacceptable. The crack observed does not exceed 1/16”. Governing Rule: No Action

Addendum Compliant Item 5: The wood is curling and stucco has cracked across the outside of overhead garage door. Investigator’s Observation: Not Verified. The stucco crack observed does not exceed 1/16” Governing Rule: No Action

Addendum Compliant Item 6: Wood near front door have several issues it needs to be painted and there are 2 large vertical cracks on the wood pilar. Investigator’s Observation: Not Verified. The crack observed does not go all the through the timber post and there is no evidence that the structural integrity of the solid wood pillar is compromised. Governing Rule: No Action

Addendum Compliant Item 7: The wood on top by roof has little to no paint where they cut off the architectural features on both sides of the building. We were not informed of this. Every other buildings has the architectural features and our building also had it when we purchased the home and they cut off the features which also left us with no vents that were included in the feature. The 2x6 piece of wood the used to replace the feature left a gap along the roof line. There is still painters tape near roof. Since they took off the architectural feature, this is also allowing water in our garage. Investigator’s Observation: This complaint item has been previously addressed in Complaint Items 25a and 25b. Governing Rule: No Action

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Addendum Compliant Item 8: On the south side of house there is a crack on a supporting beam and also needs to be painted. Investigator’s Observation: Not Verified. I did not observe a crack on the supporting beam with missing paint. Governing Rule: No Action

Addendum Compliant Item 9: The cubby on south side of house top near wood is cracked. Investigator’s Observation: Not Verified. I did not observe cracked wood on the south side of the house top at the cubby. Governing Rule: No Action

Addendum Compliant Item 10: Wood on northwest corner has no paint on it. Investigator’s Observation: This addendum complaint item has been previously addressed in complaint item 25b. Governing Rule: No Action

Addendum Compliant Item 11: There are issues with all the wood features around the outside of the house which are too much to list all. Investigator’s Observation: Not Verified. This is a statement made by the complainant that does not imply poor workmanship. Governing Rule: No Action

Addendum Compliant Item 12b: I keep tripping on the corners of the floor tiles because they are not flat. Investigator’s Observation: This complaint item has been previously addressed in complaint item 3. Governing Rule: No Action

Addendum Compliant Item 12d: We have hollow tiles that clank which we’re supposed to be replaced but workers and they said they would fix but never showed up. We contacted the tile store and they said they are floating tiles and they feel they don’t need to replace until they break. Investigator’s Observation: Not Verified. I am able to verify there is not more than 20% of the total floor tile installed that has a hollow sound and the tiles observed are solidly bonded to the substrate. Governing Rule: No Action

Addendum Compliant Item 13: There is a large crack in wall outside the sliding glass door. Investigator’s Observation: This complaint item has been previously addressed in complaint item 35. Governing Rule: No Action

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Addendum Compliant Item 14: The foundation under sliding glass door is also cracked. Investigator’s Observation: This complaint item has been previously addressed in complaint item 35. Governing Rule: No Action

Addendum Compliant Item 15: On the southeast side of building by patio has a very large foundation hole. Investigator’s Observation: Not Verified. At this jobsite investigation the complainant did not show me the large foundation hole. Governing Rule: No Action

Addendum Compliant Item 16: There is no caulking on lower overhead garage door which allows water into the garage. Investigator’s Observation: Not Verified. At this jobsite investigation the complainant acknowledged that this complaint item was corrected by the complainant. Governing Rule: ARS §32-1155 (D) (2) (Modification)

Addendum Compliant Item 17: There are numerous cracks on garage floor and up the south sides of cement going up the walls. Which is allowing water into the garage. Investigator’s Observation: Not Verified. I observed and am able to verify the small crack in the garage slab does not exceed 3/32”. Governing Rule: No Action

Addendum Compliant Item 18: Vents on the upper part of outside wall are closed/open which allows insects to get in. Investigator’s Observation: Not Verified. There is insufficient evidence to substantiate as to whether or not the wire mesh observed inside the vent was installed by the respondent or another person. Governing Rule: No Action

Addendum Compliant Item 19: Below are additional items for the addendum Back in September of 2022 I pointed out to Tim the issues with our sliding doors and bedroom window. We kept waiting and bringing up the issue along with everything else. He knew time was of the Essence with the repairs. Finally on March 20th Mark Kilmer from Jeld-Wen came to my house to measure for a new sliding glass door and new master bedroom window. He informed me that new ones will be installed in about 6 weeks.

I’ve been waiting and decided to call a couple of weeks ago and they gave me a case number #03608729 and that they would get back to me. I didn’t hear from them so I decided to call 6/26/23. After being on the phone with them all morning I was informed that they tried to call Tim Troy on March 24th.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 They did not hear back from Tim, so on April 22nd they closed the case. (They actually had 7 windows from different units that needed replacement and since they didn’t hear back on those - they were also closed. They were supposed to be for units 102, 106, 204 & 205)

I talked to Tammy the supervisor on 6/26/23 and she gave me a new case number #3866129. She said after several attempts to reach Tim Troy to avail. That Tim Troy negligently let the warranty expire on the bedroom window but in good faith she will send us a new window and frame for the master bedroom. Tammy said the installation would be the responsibility of the contractor. This will have to also include to have it installed which will also require to have someone to repair drywall and paint the inside around the window plus have someone fix the outside stucco and paint the outside stucco. Etc. She will also send us a new sliding glass door that leads out to our patio and my understanding is that they will install the slider, but once again we will have to pay for painting inside around the slider and painting stucco on the outside. Investigator’s Observation: Verified. After this jobsite investigation the respondent provided an email from Jeld-Wen, the manufacturer of the windows and sliding glass doors and an email from the HOA for the complex informing residents, including the complainant that the window problems will be taken care of on August 2, 2023 under the manufacturer’s warranty. Governing Rule: No Action

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

Sincerely,

David Fagerburg David Fagerburg Investigator #210 602 7716735 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007-2812

CC: Respondent Complainant

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complainant: Marianne Naples 6145 E Cave Creek Rd #106 Cave Creek, AZ 85331

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Respondent: Bannack Construction LLC PO Box 7902 Cave Creek, AZ 85327

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 July 31, 2023

License No. ROC 200811

Re:Complaint No. 2023-05970

ADDENDUM 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 Friday August 11, 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.

After additional photo documentation was provided by the complainant it has been determined that Complaint Item 4 was documented prior to the close of escrow date and requires correction. All other items listed on the Written Directive issued July 21, 2023 remain standing.

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

Sincerely,

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 David Fagerburg David Fagerburg Investigator #210 602 7716735 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007-2812

CC: Respondent Complainant

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complainant: Marianne Naples 6145 E Cave Creek Rd #106 Cave Creek, AZ 85331

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: Bannack Construction LLC PO Box 7902 Cave Creek, AZ 85327

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 August 28, 2023

Compliance Jobsite Inspection Notice Re: Complaint No. 2023-05970

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for August 29, 2023 at 9:30 AM to determine the current status of the items listed on the issued Directive.

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

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

Sincerely,

David Fagerburg David Fagerburg, Investigator #210 602 7716735 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007-2812

CC: Respondent Complainant

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 August 29, 2023 2023-05970 CJSI Photos

6145 E Cave Creek Rd #106 Cave Creek AZ 85331

P1 P2 P3 P4 P5 P6 P7 P8 P9 P 10 P 11 P 12 P 13 P 14 P 15 P 16 P 17 P 18 P 19 P 20 Complainant: Marianne Naples 6145 E Cave Creek Rd #106 Cave Creek, AZ 85331

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: Bannack Construction LLC PO Box 7902 Cave Creek, AZ 85327

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.: 2023-05970 Investigator: David Fagerburg Inspection Date: August 29, 2023 Inspection Time: 9:30 AM

Compliance Jobsite General Notes: Both parties were present at this compliance jobsite inspection CJSI photos taken with my Pixel 6 Pro Cell Phone CJSI audio recorded with my Olympus Digital Voice Recorder model DM-620 Photos #1, #2 and #3 are of the complainant’s residence and address.

Investigator Note: 1: The respondent resides out of state during the summer months and was not present at the compliance jobsite inspection. 2: The respondent had 2 representatives present for this compliance jobsite inspection. 3: After additional photo documentation was provided by the complainant it has been determined that Complaint Item 4 was documented prior to the close of escrow date and requires correction. All other items listed on the Written Directive issued July 21, 2023 remain standing.

Compliance Findings:

Complaint Item 1: The front hallway has 3 different baseboards and 2 of the corners are smashed; Investigator’s Observation: The baseboard with 2 different profiles has been corrected. Governing Rule: The respondent is in compliance with the directive.

Compliant Item 2: The front hallway has a seam on the ceiling that needs to be sanded and painted; Investigator’s Observation: The visible drywall seam at the front hallway ceiling has been corrected. Governing Rule: The respondent is in compliance with the directive.

Compliant Item 3: The tile throughout the house has been addressed several times but they still are uneven and I trip on it; Investigator’s Observation: The respondent’s subcontractor replaced some of the tiles with lippage. However, there are still at least 3 tiles with lippage that exceeds 1/32”. Governing Rule: The respondent is not in compliance with the directive.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Compliant Item 4: There is a gauge on the door to the air unit in the hallway; Investigator’s Observation: The respondent’s subcontractor filled and painted the gouge on the door to the HVAC air handler. Governing Rule: The respondent is in compliance with the directive.

Compliant Item 8: Light switch covers are crooked and sunk in the walls; Investigator’s Observation: The respondent’s subcontractor corrected the light switch that was crooked and sunk into the wall. Governing Rule: The respondent is in compliance with the directive.

Compliant Item 9: Master medicine cabinets need to be replaced 1 has smashed corner they both have screws sticking out and both are bowed out. They also need paint around them; Investigator’s Observation: The respondent’s subcontractor replaced the 2 medicine cabinets in the master bathroom and the screws are securely fastened. Governing Rule: The respondent is in compliance with the directive.

Compliant Item 10: Nails need to be filled under the cabinets; Investigator’s Observation: The respondent’s subcontractor filled the nail holes under the cabinets. Governing Rule: The respondent is in compliance with the directive.

Compliant Item 14: The guest bathroom mirror and light are not centered above each other and the mirror has scratches on it; Investigator’s Observation: The respondent’s subcontractor replaced the mirror that was scratched and centered the fixtures. Governing Rule: The respondent is in compliance with the directive.

Compliant Item 19: The unfinished nail holes under cabinets need to be filled in and around fridge cubby also the kickboard under cabinets has a gauge in it and the end of the board needs to be trimmed and painted; Investigator’s Observation: The respondent’s subcontractor filled the nail holes under the cabinets in and around the refrigerator, filled and painted the gouge on the kickboard. Governing Rule: The respondent is in compliance with the directive.

Compliant Item 21: The microwave hits the cabinet when you open it; Investigator’s Observation: The respondent’s subcontractor corrected the cabinet door that hit the microwave. Governing Rule: The respondent is in compliance with the directive.

Compliant Item 22: Rounded corner near fridge baseboard needs to be replaced and aligned; Investigator’s Observation: The respondent’s subcontractor replaced the rounded corners at all locations. Governing Rule: The respondent is in compliance with the directive. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Compliant Item 25b: He replaced something beautifully structured like all the other buildings with a 2 x 6 board not even all painted. We get water pouring down the sides of house and there is space now for animals to get in. It isn't even holding up the roof. Water is getting into the garage now which could turn into mold. ; Investigator’s Observation: The fascia on the south side of the garage has inadequate paint coverage and the hole has not been secured. Governing Rule: The respondent is not in compliance with the directive.

Compliant Item 35: The floor up the walls on patio has cracks and patio needs to be painted: Investigator’s Observation: After further review it has been determined that this complaint item was not substantiated. During a phone conversation the respondent explained that this is a monolithic concrete slab with a control joint where the crack was observed on the patio. Governing Rule: The respondent is in compliance with the directive.

Addendum Compliant Item 1: All the outside brickwork has sloppy mortar. Some of the bricks are cracked and missing mortar. Investigator’s Observation: The respondent’s subcontractor made an attempt to correct the brickwork with mortar splatters. However, mortar splatters still exist. Governing Rule: The respondent is not in compliance with the directive.

Addendum Compliant Item 2: There are white drippings on the back southeast pilar. Investigator’s Observation: The white drippings on the back southeast pillar have been removed. Governing Rule: The respondent is in compliance with the directive.

Addendum Compliant Item 3: And a lot of mortar splashes around garage overhead door. Investigator’s Observation: The respondent corrected the mortar splatter around the garage overhead door. Governing Rule: The respondent is in compliance with the directive.

Addendum Compliant Item 12a: The floor tile throughout the house has different spacing and grout depth between tiles which is very noticeable. I’ve looked at other units and their tile looks great. I keep tripping on the corners of the floor tiles because they are not flat. Investigator’s Observation: At this compliance jobsite inspection the complainant stated that the wrong color grout was applied. However, neither party can provide any documentation as to what the original grout color was. The grout line spacing has been corrected at the areas previously observed. The complainant stated that the grout lines were not prepared adequately prior to the respondent’s subcontractor applying a new layer of grout throughout the interior of the home with the exception of under the master bedroom bed as the complainant did not want the bed moved. The complainant pointed out that the grout is soft and has not cured properly. While wiping a grout line, grout dust did transferred to my finger. It appears the grout has not cured properly. Governing Rule: The respondent is not in compliance with the directive.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Addendum Compliant Item 12c: We had tile people out a couple of times but every time they tried to fix tiles throughout the house they would break other tiles around the tiles they we’re trying to fix. Investigator’s Observation: The respondent’s subcontractor replaced the tiles with chips. Governing Rule: The respondent is in compliance with the directive.

Note:

Please review the complaint items listed above. If any of the items have not been corrected at the time of the compliance inspection this complaint will be forwarded to the Registrar’s legal department and a citation may be issued.

If all items are corrected after receipt of this letter, please notify the Registrar’s legal department by sending a notice of compliance signed by the complainant to fax number (602) 364-0416 or by mail to: Arizona Registrar of Contractors, P.O. Box 18244, Phoenix, Arizona 85005-8244. Sincerely,

David Fagerburg David Fagerburg, Investigator #210 602 7716735 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007-2812

CC: Respondent Complainant

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

Marianne Naples, Case No. 2023-05970 COMPLAINANT, v. Bannack Construction LLC CITATION License No. ROC 200811,

RESPONDENT.

The Registrar issues this Citation to Bannack Construction LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by September 21, 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 26, 2023, Marianne Naples (“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. 2023-05970. 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] 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 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 September 21, 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 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 informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be 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. 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 Dated September 6, 2023. By: /s/ Tedi Quezada Tedi Quezada Legal Assistant Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, September 6, 2023 to:

Respondent Certified Mail No: [number redacted]

Bannack Construction LLC PO Box 7902 Cave Creek, AZ 85327-7902 Copy mailed by USPS First Class mail this same date to:

Respondent Bannack Construction LLC PO Box 7902 Cave Creek, AZ 85327-7902

Complainant Marianne Naples 6145 E Cave Creek Rd #106 Cave Creek, AZ 85331

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. 2023-05970

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 6/6/23, 9:25 AM State of Arizona Mail - Re: Complaint # 2023-05970

David Fagerburg <[email redacted]>

Re: Complaint # 2023-05970 message

David Fagerburg <[email redacted]> Tue, Jun 6, 2023 at 9:24 AM To: "[email redacted]" <[email redacted]>

Received, thank you. The correspondence has been reviewed and attached to the case file.

Respectfully,

On Mon, Jun 5, 2023 at 6:27 PM [email redacted] <[email redacted]> wrote:

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David Fagerburg Investigator #210 Arizona Registrar Of Contractors 1700 W Washington St Ste 105 Phoenix, AZ 85007 Phone(602) 762-8095 E-mail [email redacted]

https://mail.google.com/mail/u/0/?ik=6daa306fe6&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-a:r19945693061316282… 60/60 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)

Marianne Naples Mailing Address (Enter jobsite in Contract/Project section) City State Zip

6145 E Cave Creek Rd #106 Cave Creek Arizona 85331 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)

Bannack Construction LLC ROC 200811 Street Address City State Zip

PO Box 7902 Cave Creek AZ 85327 Phone Number Email

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

Timothy Troy Contract/Project Information Contract Date Contract Amount Amount Paid

February 8, 2022 $475,000.00 $477,200.00 Date Work Started Date Work Stopped Date Work Was Completed

October 24, 2022 March 9, 2022 March 9, 2022 Close of Escrow (New Home) Move-In Date (New-Home)

February 8, 2022 September 21, 2022 Jobsite Street Address City State Zip

6145 E Cave Creek Rd Cave Creek AZ 85331 Name of Construction Site Owner Construction Site Name (if applicable)

Stacey E Kipper Verde Del Rio Phone Number of Construction Site Owner Email of Construction Site Owner

[number redacted] [email redacted] 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

RCC099 12/05/18 Page 1 of 3 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

Has any work been corrected? Yes Incompetent subcontractors The contract was Both All change orders were Both This project was Residential This project involved New Home

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)

The front hallway has 3 different baseboards and 2 of the corners are smashed ; The front hallway has a seam on the ceiling that needs to be sanded and painted; The tile throughout the house has been addressed several times but they still are uneven and I trip on it; There is a gauge on the door to the air unit in the hallway; Master bathroom shower head was staying everywhere from day one they sent someone 5 months later to replace but the replaced with a used one and it drips. I was told that they would come back but never did; Door in master to the outside needs screw holes to be filled; Master bathroom sliding door is loud and rough when opening and closing ; Light switch covers are crooked and sunk in the walls; Master medicine cabinets need to be replaced 1 has smashed corner they both have screws sticking out and both are bowed out. They also need paint around them; Nails need to be filled under the cabinets; There’s a big yellow goop on granite in master bathroom ; Master bedroom glass block windows are extremely scratched and sloppy paint and grout everywhere ; Guest bathroom toilet needs to be replaced. It has scratches in the bowl and a dimple which is dark ; The guest bathroom mirror and light are not centered above each other and the mirror has scratches on it; Nails under cabinets need to be finished; Kitchen sink needs to be replaced. There are numerous tool scratches I have pictures of tools and such all over my granite and sink unprotected. It was mentioned during walk through and numerous conversations. I was finally told on March 20 that he was not going to replace it due to cost because it would cost a lot for the granite and backsplash. I told him to give me $10,000 and I would handle the replacement of the sink and granite and backsplash ; The granite in the kitchen needs to be buffed out due to all the construction tools that scratched it all up. I have pictures and witnesses before closing ; The cabinets need to be replaced or fixed because when they screwed them in they screwed to far and cracked the wood inside; The unfinished nail holes under cabinets need to be filled in and around fridge cubby also the kickboard under cabinets has a gauge in it and the end of the board needs to be trimmed and painted ; The trash cabinet doesn’t close properly and do not have access to the 2nd garbage can. ; The microwave hits the cabinet when you open it; Rounded corner near fridge baseboard needs to be replaced and aligned ; We are supposed to get a new sliding glass door and screen in living room and new window in master bedroom they came out to measure on March 20th and was told it would be about 5-6 weeks. We still have not heard anything about it nor do I know the contractor name and phone number; We had the door going to garage because frame was cracked. They replaced 6 months later but the gray paint did not match around the replaced door the sheen is noticeably different they also messes up the grout by the door. ; We were not told about the overhang that was cut off on both sides of our house. He replaced something beautifully structured like all the other buildings with a 2 x 6 board not even all painted. We get water pouring down the sides of house and there is space now for animals to get in. It isn’t even holding up the roof. Water is getting into the garage now which could turn into mold. ; There are bricks missing on the north side of our building. There are also elbows missing outside for pipes all which was noted on our inspection report. ; Anchors are exposed around house. The garage needs to be sealed garage door there are paint stains on both sides in and out of the overhead garage door and the bottom; There is paint on all the windows on the outside. Our inspector said he couldn’t even inspect the windows because they were too dirty. ; Tile contractor used the patio to cut their tile and put numerous cuts in the concrete. We had the patio epoxy but now it’s cracking. Again we have no contact information for any of the contractors that worked on our house. ; The floor up the walls on patio has cracks and patio needs to be painted ;

RCC099 12/05/18 Page 2 of 3 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

I don’t know if it’s because of my disability that I was taken advantage of but I can’t get any answers about anything not even the name of the color paint on the walls etc

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

Marianne Naples \complainant1\ \complainantd1\

RCC099 12/05/18 Page 3 of 3 Received 09/20/2023 ROC Legal

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Marianne Naples Case No. 2023-05970 COMPLAINANT v.

Bannack Construction LLC License No. ROC 200811

RESPONDENT

RESPONDENT’S ANSWER TO CITATION Respondent Bannack Construction LLC responds to the Citation issued on September 6, 2023 as follows:

1. Respondent denies each and every allegation of the Citation unless specifically admitted herein.

2. Timothy Troy is responding to this Citation as the Manager/Operator of Bannack Construction LLC.

3. Respondent denies violations of A.A.C. R4-9-108(a) and A.R.S Section 32-1154(A)(22) and any and all other violations of any rule adopted by the Registrar and Arizona Revised Statutes.

4. Respondent states that Timothy Troy and Bannack Construction LLC ceased contracting in Arizona in March 2023 and Mr. Troy moved back to his home state of Montana. Mr. Troy has held an Arizona contractor’s license since 2004. Bannack Construction LLC or Mr. Troy have never had any complaint filed against either of them prior to this complaint. Neither Bannack Construction LLC or Mr. Troy intend to ever contract in Arizona again. Wanting to conclude work in Arizona on a professional and positive note, rather than avoid the expense of correcting items complained of by Ms. Naples, Mr. Troy contacted the subcontractors who had worked on the job in question at Rancho Verde del Rio and directed them to do the work that needed to be done as outlined in Received 09/20/2023 ROC Legal

the complaint. Although supervising the work from Montana has been challenging, most of the items that needed attention were taken care of, with the exception of 5 items that were listed as not completed after the compliance inspection as responded to below. It should be noted that the homeowner/complainant has been dilatory to efforts to fix items in need of repair or replacement and her words and manner have been hostile and defamatory.

5. Interior floor tile and grout (2 items). The subcontractor’s people spent 2-3 days in the unit replacing tile with excessive lippage and re grouting most of the unit. The investigator informed Mr. Troy during a phone call on August 31 that he found 3 tiles that were 1/64” over the allowable lippage. He also had a concern about the grout. At this point the grout may not have had time to completely cure. The tile subcontractor’s lead man tried to go back into the unit to check for out of spec tile and check the grout before the compliance inspection and was denied access by the owner.

6. Mortar splash on the exterior stone work. The exterior stone contractor returned to the job site and pressure washed the exterior stone to remove mortar that had splashed on the stone, but missed two spots, one 1’x 6’ on the south side of the building, and one 1’x 2’ on the north side of the building. Those spots were to be cleaned Friday, September 15, 2023.

7. Missing mortar on exterior stone work. There was 1”x1” spot where mortar was missing on the south side exterior stone work. That was to be fixed on Friday, September. 15, 2023.

8. Inadequate paint coverage on exterior board. There is one board on the south side of the exterior of the building that the investigator said had inadequate paint coverage. This did not get painted.

9. Of the initial complaint filed by the owner, fifteen (15) items were verified as needing action. Bannack used its best efforts to get them fixed. Forty- two (42) items were not verified or required no action. As of this date only 5 items remain at issue and Bannack has spent at least $2,344.68 addressing the complaint items and subcontractors have spent a considerable amount of time and money doing warranty work to address these complaint items.

10. As Bannack’s manager/operator is in Montana, Bannack hereby requests that Timothy Troy be allowed to attend any hearing on behalf of Bannack Construction via telephone. Received 09/20/2023 ROC Legal

WHEREAS, Bannack Construction LLC requests the Citation be dismissed and that the Complaint be denied and dismissed and for all other proper relief.

Dated September 19, 2023

Bannack Construction LLC

____________________________ By: Timothy Troy (electronically signed) Received 9/20/23, 1:04 PM State of Arizona Mail - Fw: Re: response 09/20/2023 ROC Legal

Answers - AZROC <[email redacted]>

Fw: Re: response message

Mail Customer Team© <[email redacted]> Wed, Sep 20, 2023 at 11:57 AM To: [email redacted]

Hello Arizona Registrar of Contractors. Attached is my written response to the Citation and Complaint, Case No. 2023-05970. Will you let me know by return email that you have received this response, so I know for sure that you got it, since the deadline to file the resonse is tomorrow, Sept. 21, 2023. Thank you. Tim Troy Bannack Construction LLC

Sent: Tuesday, September 19, 2023 at 1:21 PM From: "Karen Mourad" <[email redacted]> To: "Tim Troy" <[email redacted]> Subject: Re: response See attached response. Look at the last part of paragraph 4 and be sure you are okay with what I said about Marianne.

On Tue, Sep 19, 2023 at 9:27 AM Tim Troy <[email redacted]> wrote: Hi Karen, attached is a draft of my written response. What do you think? Thanks. Tim

REGISTRAR OF CONTRACTORS.docx 16K

https://mail.google.com/mail/b/AEoRXRQMDjqMipfZuiHMZbDieE6DigH0I62Ibww-y8yyJEJ3SDLU/u/0/?ik=581c53cf5c&view=pt&search=all&permthid… 1/1 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Marianne Naples, Case No. 2023-05970 COMPLAINANT,

v.

Bannack Construction LLC, ORDER DENYING REQUEST TO License No. ROC 200811, DISMISS

RESPONDENT.

BACKGROUND On July 21, 2023, the Registrar issued a Written Directive which required Respondent to notify the Registrar of compliance by August 11, 2023. On August 23, 2023, the Registrar’s investigator completed a compliance jobsite inspection and noted multiple items in the written directive that remained unresolved. On September 6, 2023, the Registrar issued a Citation against Respondent’s License No. 200811. On September 20, 2023, Respondent filed its Answer. The Answer included a request to dismiss the Citation and close the Complaint. In the Answer, Respondent stated that “most of the items that needed attention were taken care of, with the exception of 5 items that were listed as not completed after the compliance inspection as responded to below” and that Complainant was “dilatory to efforts to fix items in need of repair or replacement and her words and manner have been hostile and defamatory.” ORDER IT IS ORDERED that Respondent’s request to dismiss is DENIED. The issues underlying the Citation and Complaint remain unresolved and are best suited for

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St. – Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602) 542-1525 Toll Free (877) 692-9762 Lg127 5/21 presentation before the Office of Administrative Hearings. Respondent is free to raise the arguments and defenses presented in its request to dismiss before the administrative law judge. A Notice of Hearing will be issued in due course. Dated October 4, 2023. By: /s/ Margaret Lindsey Margaret Lindsey Assistant General Counsel Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class Mail on October 4, 2023 to: Respondent Bannack Construction LLC PO Box 7902 Cave Creek, AZ 85327 Complainant Marianne Naples 6145 E Cave Creek Rd #106 Cave Creek, AZ 85331 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. 2023-05970 / KR

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St. – Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602) 542-1525 Toll Free (877) 692-9762 Lg127 5/21 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 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