2023A-05980-CHC-ROC Notice of Hearing and Packet MAILED

2023A-05980-CHC-ROC · Registrar of Contractors · 2023-12-05

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Stephanie Young , Case No. 2023-05980 COMPLAINANT, Docket No. 2023A-05980-CHC-ROC v. NOTICE OF HEARING ON CONTESTED CASE K10 Companies LLC License No. ROC 312398,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

January 16, 2024 1:00 PM Tammy Eigenheer Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

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

You must attend this hearing. This is an adversarial hearing before an administrative law judge, and is conducted in a similar manner as judicial proceedings. Thus, you must be

prepared to present evidence, including witness testimony and documents, in support of your case.

STATEMENT OF LEGAL AUTHORITY AND JURISDICTION The State of Arizona has determined that the licensing and regulation of construction contractors is a proper state function, and has vested authority in the Registrar of Contractors to administer Title 32, Chapter 10 of the Arizona Revised Statutes. A.R.S. §§ 32-1101 et seq. All hearings for alleged violations of Title 32, Chapter 10 are conducted under Title 41,

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

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

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

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

complaint and citation, which were served on the Respondent on November 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 December 1, 2023.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail December 1, 2023 to:

Respondent(s) K10 Companies LLC 7143 E Southern Ave Ste 133 Mesa, AZ 85209 Complainant(s) Stephanie Young 1630 E Yellowstone St Chandler, AZ 85249

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. 2023-05980 /

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: Stephanie Young 1630 E Yellowstone Place Chandler, AZ 85249

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: K10 Companies LLC DBA: 7143 E Southern Ave Ste 133 Mesa, AZ 85209

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 8, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-05980

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for June 29, 2023 at 9:00 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

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

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

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

Sincerely, Todd Anderson Todd Anderson, Investigator #227 (602) 771-6769 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

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

A Guide to Jobsite Inspections

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Complainant: Stephanie Young 1630 E Yellowstone St Chandler, AZ 85249

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 Katie Hobbs, Governor Martín Quezada, Director

Respondent: K10 Companies LLC DBA: 7143 E Southern Ave Ste 133 Mesa, AZ 85209

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 Katie Hobbs, Governor Martín Quezada, Director

June 8, 2023

Re: Complaint Number 2023-05980

Dear Complainant and Respondent:

Due to a conflict in scheduling of one of the parties, the jobsite inspection scheduled for June 29, 2023 at 9:00 AM has been rescheduled for July 10, 2023 at 9:00 AM.

If either party is unable to attend, the Registrar requires 36-hours advance notice for cancellation or continuance.

Complainant: Safe access is required to any area to be inspected.

Should you have any questions regarding the above, please contact me.

Sincerely,

Todd Anderson Todd Anderson, Investigator #227 (602) 771-6769 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 JSI Photos #2023-05980 P 1 Date: 7/10/23 at 9:00 am JSI PHOTOS 00AM JSI Photos #2023-05980 P 2 Date: 7/10/23 at 9:00 am JSI PHOTOS 00AM

Sloppy Grouting

Lacking Grout JSI Photos #2023-05980 P 3 Date: 7/10/23 at 9:00 am JSI PHOTOS 00AM JSI Photos #2023-05980 P 4 Date: 7/10/23 at 9:00 am JSI PHOTOS 00AM

Excessive Lippage JSI Photos #2023-05980 P 5 Date: 7/10/23 at 9:00 am JSI PHOTOS 00AM

Excessive Lippage JSI Photos #2023-05980 P 6 Date: 7/10/23 at 9:00 am JSI PHOTOS 00AM

Unprofessional Tile/Grout JSI Photos #2023-05980 P 7 Date: 7/10/23 at 9:00 am JSI PHOTOS 00AM

Wave in Carpet JSI Photos #2023-05980 P 8 Date: 7/10/23 at 9:00 am JSI PHOTOS 00AM

Mismatched Baseboards/ Excessive Caulking JSI Photos #2023-05980 P 9 Date: 7/10/23 at 9:00 am JSI PHOTOS 00AM JSI Photos #2023-05980 P 10 Date: 7/10/23 at 9:00 am JSI PHOTOS 00AM

Mismatched Baseboards JSI Photos #2023-05980 P 11 Date: 7/10/23 at 9:00 am JSI PHOTOS 00AM JSI Photos #2023-05980 P 12 Date: 7/10/23 at 9:00 am JSI PHOTOS 00AM

Unprofessional Finishing JSI Photos #2023-05980 P 13 Date: 7/10/23 at 9:00 am JSI PHOTOS 00AM JSI Photos #2023-05980 P 14 Date: 7/10/23 at 9:00 am JSI PHOTOS 00AM JSI Photos #2023-05980 P 15 Date: 7/10/23 at 9:00 am JSI PHOTOS 00AM JSI Photos #2023-05980 P 16 Date: 7/10/23 at 9:00 am JSI PHOTOS 00AM JSI Photos #2023-05980 P 17 Date: 7/10/23 at 9:00 am JSI PHOTOS 00AM JSI Photos #2023-05980 P 18 Date: 7/10/23 at 9:00 am JSI PHOTOS 00AM

Poorly Fitting JSI Photos #2023-05980 P 19 Date: 7/10/23 at 9:00 am JSI PHOTOS 00AM

Missing Baseboard JSI Photos #2023-05980 P 20 Date: 7/10/23 at 9:00 am JSI PHOTOS 00AM

No Base board End Piece JSI Photos #2023-05980 P 21 Date: 7/10/23 at 9:00 am JSI PHOTOS 00AM

Missing Baseboard End Piece JSI Photos #2023-05980 P 22 Date: 7/10/23 at 9:00 am JSI PHOTOS 00AM

Cracked Trim / Unfinished Texture JSI Photos #2023-05980 P 23 Date: 7/10/23 at 9:00 am JSI PHOTOS 00AM

Crack in Paint JSI Photos #2023-05980 P 24 Date: 7/10/23 at 9:00 am JSI PHOTOS 00AM JSI Photos #2023-05980 P 25 Date: 7/10/23 at 9:00 am JSI PHOTOS 00AM

Side Panel Does Not Reach Bottom of Countertop

Crack JSI Photos #2023-05980 P 26 Date: 7/10/23 at 9:00 am JSI PHOTOS 00AM JSI Photos #2023-05980 P 27 Date: 7/10/23 at 9:00 am JSI PHOTOS 00AM

Countertop Appears to be Pulling Away from Wall. Caulking Cracking JSI Photos #2023-05980 P 28 Date: 7/10/23 at 9:00 am JSI PHOTOS 00AM JSI Photos #2023-05980 P 29 Date: 7/10/23 at 9:00 am JSI PHOTOS 00AM

Missing Texture / Visible Hole in Ceiling JSI Photos #2023-05980 P 30 Date: 7/10/23 at 9:00 am JSI PHOTOS 00AM

Hole JSI Photos #2023-05980 P 31 Date: 7/10/23 at 9:00 am JSI PHOTOS 00AM

Plastic Covering Not Removed JSI Photos #2023-05980 P 32 Date: 7/10/23 at 9:00 am JSI PHOTOS 00AM JSI Photos #2023-05980 P 33 Date: 7/10/23 at 9:00 am JSI PHOTOS 00AM

Carpet Tack Strip Came Loose JSI Photos #2023-05980 P 34 Date: 7/10/23 at 9:00 am JSI PHOTOS 00AM JSI Photos #2023-05980 P 35 Date: 7/10/23 at 9:00 am JSI PHOTOS 00AM

Area of Loose / Hollow Floor JSI Photos #2023-05980 P 36 Date: 7/10/23 at 9:00 am JSI PHOTOS 00AM

Area of Loose / Hollow- Sounding Floor JSI Photos #2023-05980 P 37 Date: 7/10/23 at 9:00 am JSI PHOTOS 00AM

Loose / Unsecured Tack Strip JSI Photos #2023-05980 P 38 Date: 7/10/23 at 9:00 am JSI PHOTOS 00AM

Original Carpet Door Tracks Still Under Sliding Doors JSI Photos #2023-05980 P 39 Date: 7/10/23 at 9:00 am JSI PHOTOS 00AM

Mismatched Wall Texture / Unfinished JSI Photos #2023-05980 P 40 Date: 7/10/23 at 9:00 am JSI PHOTOS 00AM

Dissimilar Textures JSI Photos #2023-05980 P 41 Date: 7/10/23 at 9:00 am JSI PHOTOS 00AM JSI Photos #2023-05980 P 42 Date: 7/10/23 at 9:00 am JSI PHOTOS 00AM

Unsightly Grouting JSI Photos #2023-05980 P 43 Date: 7/10/23 at 9:00 am JSI PHOTOS 00AM JSI Photos #2023-05980 P 44 Date: 7/10/23 at 9:00 am JSI PHOTOS 00AM JSI Photos #2023-05980 P 45 Date: 7/10/23 at 9:00 am JSI PHOTOS 00AM

Not to Workmanship Standards Grouting JSI Photos #2023-05980 P 46 Date: 7/10/23 at 9:00 am JSI PHOTOS 00AM

Excessive Lippage JSI Photos #2023-05980 P 47 Date: 7/10/23 at 9:00 am JSI PHOTOS 00AM

Does Not Meet Minimum Workmanship Standards JSI Photos #2023-05980 P 48 Date: 7/10/23 at 9:00 am JSI PHOTOS 00AM JSI Photos #2023-05980 P 49 Date: 7/10/23 at 9:00 am JSI PHOTOS 00AM JSI Photos #2023-05980 P 50 Date: 7/10/23 at 9:00 am JSI PHOTOS 00AM

Excessive Lippage Jobsite Inspection Notes

Case No.: 2023-05980 Investigator: Todd Anderson Inspection Date: July 10, 2023 Inspection Time: 9:00 AM

Complainant: Stephanie Young Respondent: K10 Companies LLC Not Present: Not Present:

Jobsite General Notes:

**Present for JSI was Daniel Grover representing K10 Companies LLC**

Complaint Item: 1 - Tile not properly done for backsplash in kitchen - possible grout issues due to cracking in grout. Investigator’s Observation: Verified. Observed numerous tiles which were pointed out to me throughout the kitchen backsplash and up to the ceiling which showed either missing, irregular, or cracked grouting. *Contractor should correct by appropriate means. Governing Rule:

Complaint Item: 2 - tile in guest bathroom shower upstairs - possible grout issues due to cracking in grout. (Complainant also added irregular grouting during inspection) Investigator’s Observation: Verified. Observed some cracking grout. The contractor should make necessary repairs once within the 1st year. Also observed one area at the base of the upstairs bathtub with uneven grouting and missing an end piece. *Contractor should correct by appropriate means. Governing Rule: 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19

Complaint Item: 3 - and tile in master bathroom shower- possible grout issues due to cracking in grout Investigator’s Observation: Verified. Observed some cracking grout. The contractor should make necessary repairs once within the 1st year. Governing Rule:

Complaint Item: 4 - Upstairs carpet has several areas of poorly installed padding. Investigator’s Observation: Observed a loose and incorrectly installed Tack Strip in one of the upstairs bedroom closets. Also observed a small wave in the carpet within a few feet of the stairs’ landing. *Contractor should determine cause and correct by appropriate means. Governing Rule:

Complaint Item: 5 - Guest bathroom upstairs has poorly installed quarter round and unfished caulking around vanity. Investigator’s Observation: Verified. The homeowner was referring to the baseboards which were uneven and mismatched. *Contractor should correct by appropriate means. Governing Rule:

Complaint Item: 6 - Leak from upstairs toilet due to incorrect installation of wax ring causing mold in downstairs kitchen- remediation company will be removing insulation and drywall so that will need all new baseboard, trim and drywall. Investigator’s Observation: Contractor accepted responsibility for faulty installation of toilet. Both parties are waiting on report from Remediation Company. *Contractor should correct by appropriate means. Governing Rule:

Complaint Item: 7 - Downstairs toilet had incorrect installation of toilet wax ring causing leak in bathroom and damage to flooring and new vanity 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19

Investigator’s Observation: Contractor accepted responsibility for faulty installation of toilet. Both parties are waiting on report from Remediation Company. *Contractor should correct by appropriate means. Governing Rule:

Complaint Item: 8 - Possible incorrect installation of counter top- underneath poorly done Investigator’s Observation: Verified. Particle board is visible from under the kitchen countertop. *Contractor should correct by appropriate means. Governing Rule:

Complaint Item: 9 - Poorly installed quarter round/baseboards through whole downstairs. Investigator’s Observation: Verified. Observed mismatched baseboards and quarter rounds, and unprofessional caulking throughout many downstairs rooms and in proximity to entertainment center. *Contractor should correct by appropriate means. Governing Rule:

Complaint Item: 10 - Poorly installed kitchen island- nails bulging out, cracking on side panel, unfinished paint and installation of cabinets at flooring. Investigator’s Observation: Verified. Observed cracked trim, nail pops, cabinet side panels not extending either all the way to the floor or under the countertop, and unprofessional painting. *Contactor should correct by appropriate means. Governing Rule:

Complaint Item: 11 - Poorly installed counter in laundry room causing caulking to fail due to it not being installed close enough to the wall. Investigator’s Observation: Verified. Observed separation of caulking between countertop and wall. *Contractor should determine cause of the

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19

cracking/separation and correct by appropriate mean once within the 1st year. Governing Rule:

Complaint Item: 12 - Poorly installed lighting above the kitchen island causing hole in ceiling to be seen. Investigator’s Observation: Verified. Observed a hole in the drywall in proximity to the ceiling rose cover. *Contractor should correct by appropriate means. Governing Rule:

Complaint Item: 13 - Stove vent fan did not have white plastic covering removed when they installed it- possible fire hazard due to the plastic coating that was supposed to be removed at installation Investigator’s Observation: Verified. *Contractor should remove plastic covering and re-install. Governing Rule:

Complaint Item: 14 - Incorrect installation of carpet at guest bathroom door causing carpet zbar failure because it was installed too far into bathroom making it unable to close bathroom door. Investigator’s Observation: Verified. The Tack Strip was loose and pulled away from flooring. *Contractor should determine cause and correct by appropriate means. Governing Rule:

Complaint Item: 15 - Water pressure in kitchen for hot water is non existent after they were supposed to fix water issues with sell of house - three times out and still not fixed Investigator’s Observation: Repaired. Governing Rule:

Complaint Item: 16 - Possible flooring installation issue in front of stove Investigator’s Observation: Verified. A section of the flooring in front of the 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19

stove is noticeably hollow sounding. Contractor should determine the cause and correct by appropriate means. Governing Rule:

Complaint Item: 17 - Baseboard/trim issues in the master bathroom. Investigator’s Observation: Observed uneven and mismatched baseboards in the master bathroom. *Contractor should correct by appropriate means. Governing Rule:

Complaint Item: 18 – Fireplace drywall tape failing Investigator’s Observation: Verified. *contractor should repair by appropriate means. Governing Rule:

Complaint Item: 19 – Countertop gap by fridge Investigator’s Observation: Not installed by Respondent. Governing Rule:

Complaint Item: 20 - Tack strip upstairs failing due to crews having the paint on the underneath and then the glue from tack strip having reaction to it and not holding Investigator’s Observation: Verified. The Tack Strip was loose and pulled away from flooring. *Contractor should correct by appropriate means. Governing Rule:

Complaint Item: 21 - All guest bedrooms have previous closet door tracks under carpet. Investigator’s Observation: Verified. Was able to observe a bulge under the carpet where an unremoved closet door track would be located. Unable to verify if it is a track or something else but it does not meet minimum workmanship standards. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19

Governing Rule:

Complaint Item: 22 - All tile underneath current new flooring has severe paint overspray, worry of any glue that is down failing. Investigator’s Observation: Unable to verify. ROC does not do destructive testing. Governing Rule:

Complaint Item: 23 - Several areas with paint not finished or prepped properly. Investigator’s Observation: Verified. Observed several areas by the downstairs entertainment center and hallway closet with mismatched texture and peeling paint. Governing Rule:

Complaint Item: 24 - Several areas with missing baseboard and caulking just excessively applied in place of baseboard Investigator’s Observation: Addressed in complaint #5, #9, and #17. *Contractor should correct these items by appropriate means. Governing Rule:

Complaint Item: 25 - Top step stair nose is loose. Investigator’s Observation: Contractor did not work on the stair nose as part of the carpet installation. Governing Rule:

Complaint Item: 26 – Backsplash tiles in kitchen also had excessive lippage and unprofessional appeared unprofessional. (Bought up at the Jobsite Inspection. Contractor agreed to add). 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19

Investigator’s Observation: Verified. Observed several tiles located on the backsplash with lippage greater than 1/32”. Additionally, the overall appearance of the grouting of a number of tiles, especially those towards the top of the wall, did not meet minimum workmanship standards. Governing Rule:

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19

Complainant: Stephanie Young 1630 E Yellowstone St Chandler, AZ 85249

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: K10 Companies LLC DBA: 7143 E Southern Ave Ste 133 Mesa, AZ 85209

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 25, 2023

License No. ROC 312398

Re:Complaint No. 2023-05980

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on August 11th, 2023 .

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

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

Compliance Item: 1 - Tile not properly done for backsplash in kitchen Investigator’s Observation: Verified. Observed numerous tiles which were pointed out to me throughout the kitchen backsplash and up to the ceiling which showed either missing or irregular grouting. *Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-109.

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 Compliance Item: 2 - Tile in guest bathroom shower upstairs Investigator’s Observation: Verified. Observed one area at the base of the upstairs bathtub with uneven grouting and missing an end piece. *Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-109.

Compliance Item: 3 - Tile in master bathroom shower- possible grout issues due to cracking in grout Investigator’s Observation: Verified. Observed some cracking in the grout lines. However, The contractor is only responsible for crack repair once within the 1st year. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-109.

Compliance Item: 4 - Upstairs carpet has several areas of poorly installed padding. Investigator’s Observation: Observed a loose and incorrectly installed Tack Strip in one of the upstairs bedroom closet. Also observed a small wave in the carpet within a few feet of the stairs. *Contractor should determine cause and correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-109.

Compliance Item: 5 - Guest bathroom upstairs has poorly installed quarter round and unfished caulking around vanity. Investigator’s Observation: Verified. The homeowner was referring to the baseboards which were uneven and mismatched. *Contractor should correct by appropriate means.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-109.

Compliance Item: 6 - Leak from upstairs toilet due to incorrect installation of wax ring causing mold in downstairs kitchen- remediation company will be removing insulation and drywall so that will need all new baseboard, trim and drywall. Investigator’s Observation: Contractor accepted responsibility for faulty installation of toilet. Both parties are waiting on report from Remediation Company. *Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-109.

Compliance Item: 7 - Downstairs toilet had incorrect installation of toilet wax ring causing leak in bathroom and damage to flooring and new vanity Investigator’s Observation: Contractor accepted responsibility for faulty installation of toilet. Both parties are waiting on report from Remediation Company. *Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-109.

Compliance Item: 8 - Possible incorrect installation of counter top- underneath poorly done Investigator’s Observation: Verified. Particle board is visible from under the kitchen countertop. *Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-109.

Compliance Item: 9 - Poorly installed quarter round/baseboards through whole downstairs.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Investigator’s Observation: Verified. Observed mismatched baseboards and quarter rounds, and unprofessional caulking throughout many downstairs rooms and in proximity to entertainment center. *Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-109.

Compliance Item: 10 - Poorly installed kitchen island- nails bulging out, cracking on side panel, unfinished paint and installation of cabinets at flooring. Investigator’s Observation: Verified. Observed cracked trim, nail pops, cabinet side panels not extending either all the way to the floor or under the countertop, and unprofessional painting. *Contactor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-109.

Compliance Item: 11 - Poorly installed counter in laundry room causing caulking to fail due to it not being installed close enough to the wall. Investigator’s Observation: Verified. Observed separation of caulking between countertop and wall. *Contractor should determine cause of the cracking/separation and correct by appropriate mean once within the 1st year. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-109.

Compliance Item: 12 - Poorly installed lighting above the kitchen island causing hole in ceiling to be seen. Investigator’s Observation: Verified. Observed a hole in the drywall in proximity to the ceiling rose cover. *Contractor should correct by appropriate means once within the 1st year.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-109.

Compliance Item: 13 - Stove vent fan did not have white plastic covering removed when they installed it- possible fire hazard due to the plastic coating that was supposed to be removed at installation Investigator’s Observation: Verified. *Contractor should remove plastic covering and re-install. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-109.

Compliance Item: 14 - Incorrect installation of carpet at guest bathroom door causing carpet zbar failure because it was installed too far into bathroom making it unable to close bathroom door. Investigator’s Observation: Verified. The Tack Strip was loose and pulled away from flooring. *Contractor should determine cause and correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-109.

Compliance Item: 16 - Possible flooring installation issue in front of stove Investigator’s Observation: Verified. A section of the flooring in front of the stove is noticeably hollow sounding. Contractor should determine the cause and correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-109.

Compliance Item: 17 - Baseboard/trim issues in the master bathroom Investigator’s Observation: Observed uneven and mismatched baseboards in the master bathroom. *Contractor should correct by appropriate means.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-109.

Compliance Item: 18 - Fireplace drywall tape failing Investigator’s Observation: Verified. *contractor should repair by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-109.

Compliance Item: 20 - Tack strip upstairs failing due to crews having the paint on the underneath and then the glue from tack strip having reaction to it and not holding Investigator’s Observation: Verified. The Tack Strip was loose and pulled away from flooring. *Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-109.

Compliance Item: 21 - All guest bedrooms have previous closet door tracks under carpet. Investigator’s Observation: Verified. Was able to observe a bulge under the carpet where an unremoved closet door track would be located. Unable to verify if it is a track or something else but it does not meet minimum workmanship standards. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-109.

Compliance Item: 23 - Several areas with paint not finished or prepped properly. Investigator’s Observation: Verified. Observed several areas by the downstairs entertainment center and hallway closet with mismatched texture

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 and peeling paint. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-109.

Compliance Item: 26 - Backsplash tiles in kitchen also had excessive lippage and unprofessional appeared unprofessional. (Bought up at the Jobsite Inspection. Contractor agreed to add). Investigator’s Observation: Verified. Observed several tiles located on the backsplash with lippage greater than 1/32”. Additionally, the overall appearance of the grouting of a number of tiles, especially those towards the top of the wall, did not meet minimum workmanship standards. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-109.

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

Compliance Item: 15 - Water pressure in kitchen for hot water is non existent after they were supposed to fix water issues with sell of house - three times out and still not fixed Investigator’s Observation: Repaired. Governing Rule: N/A

Compliance Item: 19 - Countertop gap by fridge Investigator’s Observation: Not installed by the contractor. Governing Rule: N/A

Compliance Item: 22 - All tile underneath current new flooring has severe paint overspray, worry of any glue that is down failing. Investigator’s Observation: Unable to verify. ROC does not do destructive

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 testing. Governing Rule: N/A

Compliance Item: 24 –Several areas with missing baseboard and caulking just excessively applied in place of baseboard. Investigator’s Observation: (Duplicate) Addressed in complaint #5, #9, and #17. Governing Rule: N/A

Compliance Item: 25 - Top step stair nose is loose. Investigator’s Observation: Contractor did not work on the stair nose as part of the carpet installation. Governing Rule: N/A

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

Sincerely,

Todd Anderson Todd Anderson, Investigator #227 (602) 771-6769 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 8/18/23, 2:09 PM State of Arizona Mail - Written Directive Extension

Todd Anderson <[email redacted]>

Written Directive Extension message

Todd Anderson <[email redacted]> Fri, Aug 18, 2023 at 2:07 PM To: Stephanie Kearbey <[email redacted]>, K10 Office <[email redacted]>

I will extend the due date for the Written Directive to September 1, 2023 due to a few outstanding items.

* Grout at the bottom of the tub and backsplash * Locating carpet

Thanks,

Todd Anderson

https://mail.google.com/mail/u/0/?ik=9cbed3e67d&view=pt&search=all&permthid=thread-a:r-[number redacted]&simpl=msg-a:r27593704000252… 1/1 Complainant: Stephanie Young 1630 E Yellowstone St Chandler, AZ 85249

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: K10 Companies LLC DBA: 7143 E Southern Ave Ste 133 Mesa, AZ 85209

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 September 26, 2023

Compliance Jobsite Inspection Notice

Re: Complaint No. 2023-05980

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for October 4, 2023 at 10:30 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,

Todd Anderson Todd Anderson, Investigator #227 (602) 771-6769 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 CJSI Photos #2023-05980 P 1 Date: 10/4/2023 at 10:30 am JSI PHOTOS 00AM CJSI Photos #2023-05980 P 2 Date: 10/4/2023 at 10:30 am JSI PHOTOS 00AM CJSI Photos #2023-05980 P 3 Date: 10/4/2023 at 10:30 am JSI PHOTOS 00AM

Irregular/Messy Grouting

Missing Grout CJSI Photos #2023-05980 P 4 Date: 10/4/2023 at 10:30 am JSI PHOTOS 00AM

Unsecured Sliding Closet Door Guide Complainant: Stephanie Young 1630 E Yellowstone St Chandler, AZ 85249

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: K10 Companies LLC DBA: 7143 E Southern Ave Ste 133 Mesa, AZ 85209

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.: 2023-05980 Investigator: Todd Anderson Inspection Date: October 4, 2023 Inspection Time: 10:30 AM

Compliance Jobsite General Notes:

**Present at the Compliance Inspection was Daniel Grover representing K10 Companies LLC

Compliance Findings:

Compliance Item: 1 - Tile not properly done for backsplash in kitchen Investigator’s Observation: In compliance to complaint item #1, the contractor removed the entire tile backsplash in the kitchen and installed a Ledgerstone product in its place. However, the grout which folded over the top edge of the tile and onto the block window sill was chipped, cracked, and irregular. A piece of the grout, approximately 3" in length, was missing. Governing Rule: A.R.S. § 32-1154(A)(3) - Poor workmanship Governing Rule: A.R.S. § 32-1154(A)(22) - Failure to comply with a Written Directive

Compliance Item: 21 - All guest bedrooms have previous closet door tracks under carpet. Investigator’s Observation: In compliance to complaint item #21, the contractor removed the tracks located under the carpets of the sliding closet doors located in the upstairs bedrooms. However, re-installed guides in both the Master and 2nd bedroom closet doors were not properly fastened to the floor leaving the doors to move laterally. Door units should be installed square and plumb with proper guides, hang evenly in the frame and work smoothly Governing Rule: A.R.S. § 32-1154(A)(3) - Poor workmanship

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Governing Rule: A.R.S. § 32-1154(A)(22) - Failure to comply with a Written Directive

ITEMS NOT REQUIRING CORRECTION

Complaint Item: 2 - Tile in guest bathroom shower upstairs. Investigator’s Observation: At the Compliance inspection, the homeowner was concerned with the caulking around bathtub and vanity. Complaint Item #2 pertained to a missing piece of tile and grout at the base of the tub. Caulking was not part of the Written Directive. Governing Rule: N/A

Complaint Item: 3 - Tile in master bathroom shower- possible grout issues due to cracking in grout Investigator’s Observation: At the Compliance Inspection, the homeowner was concerned with white marks on the new grout. I observed the white marks located just above the bathtub in the master bathroom shower. However, I was unable to determine if it was poor mixing of the grout or a maintenance issue. Governing Rule: N/A

Complaint Item: 4 - Upstairs carpet has several areas of poorly installed padding. Investigator’s Observation: At the Compliance Inspection, the homeowner pointed out what appeared to her as being two different thicknesses of padding under the carpet. I was unable to verify this. Governing Rule: N/A

Complaint Item: 5 - Guest bathroom upstairs has poorly installed quarter round and unfinished caulking around vanity. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Investigator’s Observation: At the Compliance Inspection, the homeowner pointed out that the quarter rounds were not flush to the floor. Complaint Item #5 pertained to mismatched and uneven baseboards. Quarter rounds were not discussed and so were not a part of the Written Directive. Governing Rule: N/A

Complaint Item: 6 – Broken piece to sliding closet door in guest bedroom. Investigator’s Observation: Observed the broken door section, but cannot positively state that the contractor was responsible for the damage. Governing Rule: N/A

Complaint Item: 7 – 2nd guest bedroom sliding closet door rubs against carpet. Investigator’s Observation: The closet door in question did not appear to sit on the track any lower than the other sliding closet doors. Governing Rule: N/A

Complaint Item: 8 – A hard, white material was attached to the 2nd bedroom carpet Investigator’s Observation: Observed the white, chalky substance approximately 1" in diameter imbedded into the 2nd bedroom carpet in front of the sliding closet door. However, I cannot positively state the the contractor was responsible for its placement there. Governing Rule: N/A

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 If all items are corrected after receipt of this letter, please notify the Registrar’s legal department by sending a notice of compliance signed by the complainant to fax number (602) 364-0416 or by mail to: Arizona Registrar of Contractors, P.O. Box 18244, Phoenix, Arizona 85005-8244. Sincerely,

Todd Anderson Todd Anderson, Investigator #227 (602) 771-6769 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Stephanie Young Case No. 2023-05980 COMPLAINANT, v. K10 Companies LLC CITATION License No. ROC 312398,

RESPONDENT.

The Registrar issues this Citation to K10 Companies LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by November 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 24, 2023, Stephanie Young (“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:

of 5

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

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. 2023-05980. of 5

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

602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted] The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than November 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 of 5

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

602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be of 5

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

602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated November 6, 2023. By: /s/ Dylan Warwick Dylan Warwick Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, November 6, 2023 to:

Respondent Certified Mail No: [number redacted]

K10 Companies LLC 7143 E Southern Ave Ste 133 Mesa, AZ 85209 Copy mailed by USPS First Class mail this same date to: K10 Companies LLC 7143 E Southern Ave Ste 133 Mesa, AZ 85209 Complainant Stephanie Young 1630 E Yellowstone St Chandler, AZ 85249 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. 2023-05980 / <<CreatedBy_DW> of 5

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

602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 SSR Invoice SUPPLY SOLUTIONS ROOFING ROC#294680 DATE: April 25, 2023 2056 N 91st Place Quotation # 1630 e Yellowstone Chandler, AZ 85224 Customer ID 1630 e Yellowstone Phone: 480-242-5346

Prepared For: Quotation valid until: Prepared by: Shawn Ehmann 1630 e Yellowstone Chandler, AZ 85249 602-570-5776

Description AMOUNT

Project: Five Year Tile Roof Maintenance

__X__ Whole Roof ____Partial Roof:__________________________

__X__Furnish necessary labor, materials and equipment to complete the job in a workmanship manner.

__X__Take necessary precautions to protect landscape and surrounding property.

__X__Check that Concrete tiles are seated correctly and adjust if needed __X__Blow out Debris from tri rib valley metal and Channel Metal as needed __X__Replace up to 20 broken tiles ($5.00 per tile thereafter) __X__Reset tiles as necessary __X__Inspect Mortar Packs and Reseal as necessary __X__Inspect all vents, pipes, jacks, etc. __X__Remove debris and any surplus materials __X__ Seal with NP1 around Number One metal, or channel metal as needed due to normal wear NOTE: Solar Panel and/or A/C remove/reset not included. Repairs to underlayment other than the areas specified for repair aren't part of this proposal, the scope is for normal maintenance items on the surface of the roof area.

Wood Replacement Cost Plywood $80 per sheet; OSB $70 per sheet; Fascia $12 per linear foot; Trim board $4 per linear foot ***ALL COUPON DISCOUNTS APPLIED TOTAL PAID There is a 3% Surcharge on payments made with credit card SSR Invoice SUPPLY SOLUTIONS ROOFING ROC#294680 DATE: April 22, 2023 2056 N 91st Place Quotation # 1630 e Yellowstone Chandler, AZ 85224 Customer ID 1630 e Yellowstone Phone: 480-242-5346

Prepared For: Quotation valid until: Prepared by: Shawn Ehmann 1630 e Yellowstone Chandler, AZ 85249 602-570-5776

Description AMOUNT

Project: Five Year Tile Roof Maintenance

__X__ Whole Roof ____Partial Roof:__________________________

__X__Furnish necessary labor, materials and equipment to complete the job in a workmanship manner.

__X__Take necessary precautions to protect landscape and surrounding property.

Wood Replacement Cost Plywood $80 per sheet; OSB $70 per sheet; Fascia $12 per linear foot; Trim board $4 per linear foot ***ALL COUPON DISCOUNTS APPLIED TOTAL $600.00 There is a 3% Surcharge on payments made with credit card Description AMOUNT

Notes: The service provided isnt a repair, it is normal maintenance. All normal wear items on the roof are inspected and resealed as needed as part of this maintenance. No Underlayment Repairs or Replacement is part of the maintenance. Not responsible for items that couldn’t be seen through a normal visual inspection. Roof should be inspected on an annual basis for normal wear items and cleaning of debris.

If you have any questions concerning this quotation, Contact Shawn Ehmann, 480-242-5346, [email redacted]

Acceptance of Proposal: The above prices,specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above.

Signature: _____________________________________________________

K10 Companies LLC 7143 E Southern Ave, Suite 133 Mesa, AZ 85209 [email redacted]

Estimate ADDRESS ESTIMATE # 5555 1630 E. Yellowstone Chandler DATE 04/13/2023 85249

DATE ITEM DESCRIPTION AMOUNT

Remodeling Repair work requested 0.00 Electrical Garage outlets not working: 0.00

The outlets are all working now.

the little garage had a tripped gfci

And one outlet was a reversed power

It's all fixed and working as intended Plumbing General plumbing services required 0.00

Master bath tub low flow corrected

Reversed faucets: check and corrected any all faucets and shower trims to be in proper working order for hot and cold

TOTAL $0.00

Accepted By Accepted Date AC EXPERTS INVOICE 331 S River Dr Overdue Tempe, AZ 85288

Presented to: Job # 38949 Joseph Mumbach Job Name Insta Invoice # I 38949 1 1630 E Yellowstone Pl Technician Lock Box #1630 Issue Date Apr 13 2023 Chandler, AZ 85249 Payment Terms Upon Rece pt Due Date Apr 13 2023 So d By: Scott Cook

Customer Contact: Location Address: M: (602) 570 5776 1630 E Ye owstone P E: [email redacted] Lock Box #1630 Chand er, AZ 85249

DESCRIPTION QTY PRICE

Trane /RunTru Split Gas System (Attic)) 1 $8,908.00 Furnace ( 80 %, S ng e Stage) Mode # A801X100CM5SCB Ser a # 23142K1 G

Condenser (14 Seer, 5 Ton) Mode # A4AC4060D1000B Ser a # 230916B2 F

Co Mode # 4TXCC009DS3HCB Ser a # 23135XX2CG

Preventive Maintenance Agreement 1 $0.00 (1) Years nc uded

Subtota $8,908.00

Taxes $0.00

Total $8,908.00

Payments/Credits

04/11/2023 - Check #591 $2,000.00

04/15/2023 - Check #596 $5,408.00

Remaining Balance $1,500.00

Make Payment

Invoice Notes: Install Trane/RunTru Split Gas Attic system, to include: * Disconnect, whip, secondary drain pan, gas connector and overflow safety switch * Use existing thermostat * Preventive Maintenance Agreement for (1) year

Contact Us: (480) 386-6980 [email redacted] www.acexpertsaz.com Follow Us On Facebook : www.facebook.com Review Us On Google: AC Experts Tempe AZ * 2 year labor and all manufacturer warranties Installed by: Brian and Mat

Customer Approval: ☐ I agree to the terms and conditions of this invoice, and that the goods and or services referenced have been provided to my satisfaction.

Contract Terms: I agree to the work specified above

PMA contracts are non refundable and are transferable

Any refrigerant installed without a leak check and repair is not guaranteed

ROC# 323593

Contact Us: (480) 386-6980 [email redacted] www.acexpertsaz.com Follow Us On Facebook : www.facebook.com Review Us On Google: AC Experts Tempe AZ Received 11/20/2023 ROC Legal

Written Answer to Citation and Complaint

Case No. 2023-05980

Date: 11/20/23

K10 Companies should not have a revoked license or suspended license for the following reasons.

1. We did everything requested on the complaint and when we were on the initial ROC complaint walk they added items that we took care of as well. We have been nothing but giving and more than willing to make concerns and issues right. We did everything asked of us above and beyond. We were requested to change some pieces on their backsplash and there was an issue with the dye lot color of the tile and we replaced their entire backsplash. I feel we rose to the occasion and did everything we could to make the concerns and complaints right and corrected.

2. We worked around the homeowners schedule and this repair work took a lot longer than necessary working around their availability, but again we did what was necessary to make it right

3. We even paid a restoration company that they had come out for water detection and antimicrobial growth detection and either that same company or another one to remove other items in the home that had water moisture (not sure if it was even something we should have been held accountable for). Either way we did it and just wanted to help them have the home they wanted.

4. Stephanie Young was pregnant through this process with their first child so it was important to us to make sure that they had a home they felt comfortable living in with a baby on the way and is a big reason why we paid some bills that were presented to us and why we went above and beyond to remedy any issue or concern they had during this process.

5. We made a hard effort to be there for any ROC meeting or walk and put in time and energy to make sure that we fully understood what was being asked of us.

6. We completed all the items listed on the document we received on Mon, Nov 6, 2023 at 10:58 AM titled Citation. However I did receive another document from Todd Anderson on Thu, Nov 2, 2023 at 4:02 PM that was dated October 4, 2023 at 10:30am that stated the following 2 items did not meet compliance. Both findings below:

“Compliance Item: 1 - Tile not properly done for backsplash in kitchen Investigator’s Observation: In compliance to complaint item #1, the contractor removed the entire tile backsplash in the kitchen and installed a Received 11/20/2023 ROC Legal

Ledgerstone product in its place. However, the grout which folded over the top edge of the tile and onto the block window sill was chipped, cracked, and irregular. A piece of the grout, approximately 3" in length, was missing. Governing Rule: A.R.S. § 32-1154(A)(3) - Poor workmanship Governing Rule: A.R.S. § 32-1154(A)(22) - Failure to comply with a Written Directive”

“Compliance Item: 21 - All guest bedrooms have previous closet door tracks under carpet. Investigator’s Observation: In compliance to complaint item #21, the contractor removed the tracks located under the carpets of the sliding closet doors located in the upstairs bedrooms. However, re-installed guides in both the Master and 2nd bedroom closet doors were not properly fastened to the floor leaving the doors to move laterally. Door units should be installed square and plumb with proper guides, hang evenly in the frame and work smoothly Governing Rule: A.R.S. § 32-1154(A)(3) - Poor workmanship Governing Rule: A.R.S. § 32-1154(A)(22) - Failure to comply with a Written Directive

I don't feel I agree with these findings and I will explain. Item 1 is not a grout issue. There was a tiny sliver maybe about 1.5” long and as thick as a quarter width in the drywall of the sill to which the glass block windows are in. The complainant seemed pretty bothered by it but we don't feel that it had any relation to the written directive of repairing the backsplash tile. We wouldn't have even had to touch that area to replace the backsplash, for all we know that could have been there the whole time we were in the house. However if this is something that we need to take care of we can, like we have said several times throughout this Written Answer we just want to make things right. As for Item 21 we were all there and the door guides functioned properly and served their purpose, the doors opened and closed as intended and the door guide had some flex to it in relation to the floor which is normal, its a plastic door guide meant to make sure the bypass doors don't swing in or out of the closet it is supposed to guide the door to it destination either left or right. Furthermore the master closet track wasn't even ever a part of the written directive, it was the 3 guest bedrooms, so that just doesn't even make sense to me we never even discussed or walked in the master closet on any of the visits to the house. Not sure where that came from. To be honest, Todd was a little challenging through the process no clear decisive decisions and no photos for direction he left a lot of the directive up to us to determine what needed repaired and replaced, to my knowledge that's the whole point of the ROC is to show the items to both the GC and the Complainant exactly what is to be classified as poor workmanship not to leave it up to the GC and the Complainant to decide which is why we feel like we had to do more than really required because we felt an obligation to satisfy the ROC complaint and we knew the only way to do that was to make the Complainant happy. Neither here nor there at this point just wanted to make that statement and maybe we are wrong but it would have just been nice to have a much more clear decisive direction. Received 11/20/2023 ROC Legal

7. Typically we would have just handled these two items and we would have had no problem however near the end we felt taken advantage of and that our efforts were met with more issues and nit-picky items. We got really sick of constantly having to go back and back to work around their schedules and their items that were not right (in their eyes) and more items that they felt should be a part of the directive. Like we've said several times we wanted to make it right but we just never knew when it was going to end. We didn't know that these 2 remaining items were even items in question. We thought the complaint was closed out because we haven't heard from Todd Anderson for a month and when we looked on the ROC website we didn't see a record of the complaint. But then they asked us out to the property because there were items in question and then after that walk we waited another month and we thought that Todd Anderson agreed with K10 that the items were completed and satisfactory because i again looked on the ROC website and didn't see a complaint (maybe we were looking in the wrong place) and then we got an email with the 2 items pasted above.

8. Lastly, K10 Companies is looking for a little help from the ROC, we feel we have gone above and beyond to make the complainant happy and remedy every complaint presented to us by the ROC as well as additional items from the homeowner throughout the process. We don't want to have our license suspended or revoked, we never have had any issues with the ROC throughout our career and this one came to us as a shock and we don't ever want to have a bad name or a bad mark on our record we pride ourselves on doing good work and doing what is right and don't want that tarnished over a closet guide and a gouge in drywall.

In closing we think there is a lot more that can be said with this complaint and we feel we have already exhausted more than probably necessary in this Written Answer, so long story short we did everything we could to satisfy this complaint and went above and beyond and we are looking for a little help from ROC on this one to get this closed and we can all move on from this event.

Sincerely,

____________________________ General Manager, K10 Companies Received 11/21/23, 8:06 AM State of Arizona Mail - Written Answer to Citation and Complaint Case No. 2023-05980 11/20/2023 ROC Legal

Answers - AZROC <[email redacted]>

Written Answer to Citation and Complaint Case No. 2023-05980 message

Daniel Grover <[email redacted]> Mon, Nov 20, 2023 at 7:00 PM To: [email redacted]

Written Answer to Citation and Complaint

Case No. 2023-05980

attached below.

Thank you and have a great Thanksgiving holiday if we don't hear from you before then.

Daniel Grover K10 Companies Cell: 480-849-0663 7143 E Southern Ave Suite #133 Mesa AZ, 85209

Written Answer to Citation and Complaint Case No. 2023-05980 .pdf 83K

https://mail.google.com/mail/b/AEoRXRQMq-av3x-yc9lb8HpeyKavs9Zq19_P89iFZ1npupPYZYrl/u/0/?ik=581c53cf5c&view=pt&search=all&permthid=t… 1/1 Mediation Notice

Mediation Services Mediation services are available to the parties. What is Mediation? Mediation is a method of resolving disputes where the parties can end conflict without the expense and time associated with the full administrative process. Who Participates in During mediation, a mediator will attempt to help the Mediation? parties find an optimal solution to the conflict. Both parties must agree to participate in mediation, and both parties must bring a representative to mediation that has full authority to settle the entire matter. Mediation Is Not Neither the Registrar nor the Office of Administrative Mandatory Hearings will penalize a party for not agreeing to mediation. Where do the Parties The parties will meet at the Office of Administrative Meet for Mediation? Hearings to participate in mediation.

The Office of Administrative Hearings is located at 1400 West Washington, Suite 101, Phoenix, Arizona 85007. When does Mediation can occur after the Registrar issues a citation, but Mediation Occur? before the administrative hearing. Why Should Parties Mediation can be an alternative to the full administrative Consider Mediation? process. Mediation is beneficial because it is (1) time- efficient, (2) cost-effective, (3) confidential, and (4) capable of providing flexible solutions to complex problems. How to Request If the parties wish to mediate this case, they must file a Joint Mediation Request for Mediation with the Office of Administrative Hearings. A Joint Request for Mediation is included with this Mediation Notice. REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA _________________________ Case No. _______________ COMPLAINANT,

v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.

REQUEST

The parties jointly request that this matter be referred to mediation in the Office of Administrative Hearings (OAH). ☐ This matter is set for hearing on __________________(date). ☐ This matter is not currently set for hearing. MEDIATION AGREEMENT By requesting this mediation and signing below, the parties understand, represent, and agree: 1. The parties are prepared to commence mediation and will be ready for mediation on _____________________(date); 2. The parties will participate in the mediation process in good faith; 3. This request for mediation is not intended to hinder or delay administrative proceedings; 4. No party will contend that the mediation limits the power of OAH and its administrative law judges to conduct an administrative hearing and issue decisions under A.R.S. §§ 41-1092 – 1092.12; 5. The parties will be courteous and respectful throughout the mediation process to all participants; 6. The mediation is completely voluntary and the principal purpose is to allow the parties a full and fair opportunity to discuss settlement; of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 7. The mediator may conduct joint and separate meetings with the parties and may suggest resolutions to the parties’ dispute, but the mediator has no authority to impose a settlement upon the parties; 8. The mediation process is confidential. Communications made, material created for or used during, and acts occurring during mediation are confidential and may not be discovered or admitted into evidence in any proceeding except as provided by A.R.S. § 12-2238; 9. The mediator is not subject to service of process or a subpoena to produce evidence or to testify regarding any evidence or occurrence relating to the mediation except as provided in A.R.S. § 12-2238(C); 10. Neither the mediator, nor the Registrar of Contractors, nor the Office of Administrative Hearings is subject to civil liability for any act or omission in connection with any mediation service or activity except for acts involving

intentional misconduct or reckless disregard of a substantial risk of injury to the rights of others; 11. Throughout the mediation process, each party must have a representative present who will have full settlement authority to settle all claims at issue in the administrative

proceeding. 12. The mediation process will terminate when: a. The parties reach settlement; b. The mediator determines that further efforts at mediation are no longer likely

to achieve a settlement; or c. One of the parties withdraws from mediation. _____________________________________ _______________________ Complainant (or representative) Date

_____________________________________ _______________________ Respondent (or representative) Date

of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 PREHEARING DISCLOSURE STATEMENT INSTRUCTIONS ***DO NOT SUBMIT THESE INSTRUCTIONS WITH THE PREHEARING DISCLOSURE FORM***

ADMINISTRATIVE RULES A copy of the Arizona Administrative Code’s Rules for the Registrar of Contractors can be located on the Registrar’s Website.

PREHEARING DISCLOSURE REQUIREMENT Under A.A.C. R4-9-118(A), before a hearing, the parties must prepare a disclosure statement. The disclosure statement must contain: • A list of all the witnesses the party will call to testify, including the witnesses’ contact information and a brief description of the subject matter of the witnesses’ expected testimony; and • A list of all the exhibits that the party will use at the hearing.

FILE PREHEARING DISCLOSURE STATEMENTS • The Prehearing Disclosure Statements and Exhibits may be submitted to the Arizona Office of Administrative Hearings using any of the following: • Electronically: https://portal.azoah.com/submission/ • In-Person or by Mail: 1740 West Adams Street, Lower Level, Phoenix, Arizona 85007

EXCHANGING DISCLOSURE STATEMENTS AND EXHIBITS Under A.A.C. R4-9-118(B) (effective November 5, 2017), a party to the hearing must serve on every other party and file with the Office of Administrative Hearings a copy of: • The disclosure statement; and, • Any exhibit that the party will use at the hearing. Service: The disclosure statement and exhibits must be served on all parties in accordance with Arizona Administrative Code R2-19-108 Filing Documents. Under A.A.C. R2-19-108, service is completed by: • Personal delivery; • 1st class, certified or express mail; or • Facsimile. Timing: The disclosure statement and the exhibits must be served and filed not less than seven calendar days before the date of the hearing. Under A.A.C. R2-19-108, a document is served on a party: • On the date it is personally served; • Five days after it is mailed by express or 1st class mail; • On the date of the return receipt if it is mailed by certified mail; or • On the date indicated on the facsimile transmission.

CONSEQUENCES FOR FAILING TO DISCLOSE Under A.A.C. R4-9-108(C), if a witness or an exhibit is not timely disclosed as required the rules, and good cause for the failure to disclose is not shown, then the administrative law judge may: • Order that certain witnesses or exhibits not be used at the hearing; • Order that a particular fact is or is not established for the record; or, • Order that a charge, a defense, a claim, or some portion thereof, be dismissed.

Form RC-L-800A Prehearing Disclosure Statement Rev. 10/08/2019 Instructions Form PREHEARING DISCLOSURE STATEMENT FORM RC-L-800A

PART 1: WITNESS LIST DOCKET NO. Under A.A.C. R4-9-118(A), before a hearing, a party must prepare a disclosure statement containing a list of all the witnesses the party will call to testify, including the witnesses’ contact information and a brief description of the subject matter of the witnesses’ expected testimony. If you need additional space to list all witnesses, complete and attach additional Witness Lists. Example 1. Name 2. Telephone Number 3. Email Address

John Doe (123) 456-7890 [email redacted] 4. Subject Matter of Expected Testimony

John Doe will testify regarding the poor workmanship and poor installation of the Garage Door. Mr. Doe will also testify regarding the invoices and change orders for the project.

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 1 of 3 PART 2: EXHIBIT LIST DOCKET NO. Under A.A.C. R4-9-118(A), before a hearing, a party must prepare a disclosure statement containing a list of all the exhibits that the party will use at the hearing. Note: All exhibits listed below must be provided to all parties to the hearing. See A.A.C. R4-9-118(B). If you need additional space to list all witnesses, complete and attach additional Exhibit Lists. Example Contract for new garage door. Invoice #10001 – Cost for garage door replacement.

Exhibit Exhibit Name

Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 2 of 3 PART 3: ACKNOWLEDGEMENT & SIGNATURE I certify that the above information is true and correct and that I will serve a copy of this disclosure statement and any exhibits listed in Part 2 to all parties to the hearing in accordance with A.A.C. R4-9-118. I acknowledge and understand that if I fail to properly disclose a witness or exhibit, the administrative law judge may: • Order that certain witnesses or exhibits not be used at the hearing; • Order that a particular fact is or is not established for the record; or, • Order that a charge, a defense, a claim, or some portion thereof, be dismissed.

I am the (check one):  Complainant  Respondent Docket No.

Print Name Signature Date

Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 3 of 3