2023A-06137-CHC-ROC Notice of Hearing and Packet MAILED
2023A-06137-CHC-ROC · Registrar of Contractors · 2023-12-29
REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Michelle Slenske , Case No. 2023-06137 COMPLAINANT, Docket No. 2023A-06137-CHC-ROC v. NOTICE OF HEARING ON CONTESTED CASE Sun Country Renovations LLC License No. ROC 339202,
RESPONDENT.
This Notice of Hearing is issued under A.R.S. § 41-1092.05(D).
HEARING INFORMATION The hearing is set for:
February 8, 2024 9:00 AM 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 November 28, 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(b)
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.
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 26, 2023.
By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail December 26, 2023 to:
Respondent(s) Sun Country Renovations LLC 7735 E Evans Rd #103 Scottsdale, AZ 85260 William H. Breier, Esq. 15205 N Kierland Blvd Ste 200 Scottsdale, AZ 85254
Complainant(s) Michelle Slenske 1627 W Whitton Ave Phoenix, AZ 85015
Copy sent electronically this same date to: Respondent at email address on record with the Registrar Respondent’s Attorney at email address of record with Registrar Complainant at email address on record with the Registrar
Case No. 2023-06137 /
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
Complainant: Michelle Slenske 1627 W Whitton Ave Phoenix, AZ 85015
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Respondent: Sun Country Renovations LLC DBA: 7735 E Evans Rd #103 Scottsdale, AZ 85260
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 June 29, 2023
Jobsite Inspection Notice Re: Complaint Number 2023-06137
Dear Complainant and Respondent:
A formal complaint has been filed with the Arizona Registrar of Contractors.
A jobsite inspection is scheduled for August 8, 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 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, Lisa Melton Lisa Melton, Investigator #206 602 7716736 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 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 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 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.
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! 811$%&&%$1$1#191'()04*2*+,-)+!)+$&")$&847792*04944+$)$&847792*04944 1 Complainant: Michelle Slenske 1627 W Whitton Ave Phoenix, AZ 85015
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 Respondent: Sun Country Renovations LLC DBA: 7735 E Evans Rd #103 Scottsdale, AZ 85260
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 August 9, 2023
Re: Complaint Number 2023-06137
Dear Complainant and Respondent:
Due to a conflict in scheduling of one of the parties, the jobsite inspection scheduled for August 8, 2023 at 9:00 AM has been rescheduled for September 6, 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,
Lisa Melton Lisa Melton, Investigator #206 602 7716736 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 Complaint #2023-06137 Inspection Date: 09/06/2023 9:00 AM JSI PHOTOS – Page 1
JOBSITE Complaint #2023-06137 Inspection Date: 09/06/2023 9:00 AM JSI PHOTOS – Page 2
EXTERIOR WALL WITHWATER DAMAGE (1) Complaint #2023-06137 Inspection Date: 09/06/2023 9:00 AM JSI PHOTOS – Page 3
EXTERIOR WALL WITHWATER DAMAGE (2) Complaint #2023-06137 Inspection Date: 09/06/2023 9:00 AM JSI PHOTOS – Page 4
EXTERIOR WALL WITHWATER DAMAGE (3) Complaint #2023-06137 Inspection Date: 09/06/2023 9:00 AM JSI PHOTOS – Page 5
EXTERIOR WALL WITHWATER DAMAGE (4) Complaint #2023-06137 Inspection Date: 09/06/2023 9:00 AM JSI PHOTOS – Page 6
EXTERIOR WALL WITHWATER DAMAGE (5) Complaint #2023-06137 Inspection Date: 09/06/2023 9:00 AM JSI PHOTOS – Page 7
EXTERIOR WALL WITHWATER DAMAGE (6) Complaint #2023-06137 Inspection Date: 09/06/2023 9:00 AM JSI PHOTOS – Page 8
EXTERIOR WALL WITHWATER DAMAGE (7) Complaint #2023-06137 Inspection Date: 09/06/2023 9:00 AM JSI PHOTOS – Page 9
EXTERIOR WALL WITHWATER DAMAGE (8) Complaint #2023-06137 Inspection Date: 09/06/2023 9:00 AM JSI PHOTOS – Page 10
ROOF PONDING WATER Complaint #2023-06137 Inspection Date: 09/06/2023 9:00 AM JSI PHOTOS – Page 11
ROOF MISSING SEALANT (1) Complaint #2023-06137 Inspection Date: 09/06/2023 9:00 AM JSI PHOTOS – Page 12
ROOF MISSING SEALANT (2) Complaint #2023-06137 Inspection Date: 09/06/2023 9:00 AM JSI PHOTOS – Page 13
ROOF MISSING SEALANT (3) Complaint #2023-06137 Inspection Date: 09/06/2023 9:00 AM JSI PHOTOS – Page 14
ROOF MISSING SEALANT (4) Complaint #2023-06137 Inspection Date: 09/06/2023 9:00 AM JSI PHOTOS – Page 15
ROOF MISSING SEALANT (5) Complaint #2023-06137 Inspection Date: 09/06/2023 9:00 AM JSI PHOTOS – Page 16
TRANE UNIT #1 Complaint #2023-06137 Inspection Date: 09/06/2023 9:00 AM JSI PHOTOS – Page 17
TRANE UNIT #2 Complaint #2023-06137 Inspection Date: 09/06/2023 9:00 AM JSI PHOTOS – Page 18
CONDENSATION LINE TERMINATING ONTO ROOF Complaint #2023-06137 Inspection Date: 09/06/2023 9:00 AM JSI PHOTOS – Page 19
FAILING FLOORING (1) Complaint #2023-06137 Inspection Date: 09/06/2023 9:00 AM JSI PHOTOS – Page 20
FAILING FLOORING (2) Complaint #2023-06137 Inspection Date: 09/06/2023 9:00 AM JSI PHOTOS – Page 21
FAILING FLOORING (3) Complaint #2023-06137 Inspection Date: 09/06/2023 9:00 AM JSI PHOTOS – Page 22
CABINETS (1) Complaint #2023-06137 Inspection Date: 09/06/2023 9:00 AM JSI PHOTOS – Page 23
CABINETS (2) Complaint #2023-06137 Inspection Date: 09/06/2023 9:00 AM JSI PHOTOS – Page 24
CABINETS (3) Complaint #2023-06137 Inspection Date: 09/06/2023 9:00 AM JSI PHOTOS – Page 25
CABINETS (4) Complaint #2023-06137 Inspection Date: 09/06/2023 9:00 AM JSI PHOTOS – Page 26
CABINETS (5) Complaint #2023-06137 Inspection Date: 09/06/2023 9:00 AM JSI PHOTOS – Page 27
CABINETS (6) Complaint #2023-06137 Inspection Date: 09/06/2023 9:00 AM JSI PHOTOS – Page 28
CABINETS (7) Complaint #2023-06137 Inspection Date: 09/06/2023 9:00 AM JSI PHOTOS – Page 29
CRACK IN WINDOW SILL #1 Complaint #2023-06137 Inspection Date: 09/06/2023 9:00 AM JSI PHOTOS – Page 30
CRACK IN WINDOW SILL #2 Complaint #2023-06137 Inspection Date: 09/06/2023 9:00 AM JSI PHOTOS – Page 31
CHIP IN TILE AT FIREPLACE Complaint #2023-06137 Inspection Date: 09/06/2023 9:00 AM JSI PHOTOS – Page 32
MISSING GROUT (1) Complaint #2023-06137 Inspection Date: 09/06/2023 9:00 AM JSI PHOTOS – Page 33
MISSING GROUT (2) Complaint #2023-06137 Inspection Date: 09/06/2023 9:00 AM JSI PHOTOS – Page 34
MISSING GOUT #3 Complaint #2023-06137 Inspection Date: 09/06/2023 9:00 AM JSI PHOTOS – Page 35
FLOORING TRANSITION BATH (1) Complaint #2023-06137 Inspection Date: 09/06/2023 9:00 AM JSI PHOTOS – Page 36
FLOORING TRANSITION BATH (2) Complaint #2023-06137 Inspection Date: 09/06/2023 9:00 AM JSI PHOTOS – Page 37
HOLE IN DRYWALL Complaint #2023-06137 Inspection Date: 09/06/2023 9:00 AM JSI PHOTOS – Page 38
EXPOSED CORNER BEAD Complaint #2023-06137 Inspection Date: 09/06/2023 9:00 AM JSI PHOTOS – Page 39
INCONSISTENT PAINT (1) Complaint #2023-06137 Inspection Date: 09/06/2023 9:00 AM JSI PHOTOS – Page 40
INCONSISTENT PAINT (2) Complaint #2023-06137 Inspection Date: 09/06/2023 9:00 AM JSI PHOTOS – Page 41
EXTERIOR PAINT Complaint #2023-06137 Inspection Date: 09/06/2023 9:00 AM JSI PHOTOS – Page 42
ASH ACCESS EXISTING FIREPLACE Jobsite Inspection Notes
Case No.: 2023-06137 Investigator: Lisa Melton Inspection Date: September 6, 2023 Inspection Time: 9:00 AM
Complainant: Michelle Slenske Respondent: Sun Country Not Present: Renovations LLC Not Present:
ATTENDEES: Complainant: Michelle Slenske (Mark Slenske & Luke Kaminski) Respondent: Stephen Garrett
Jobsite General Notes: JSI photos and audio was recorded with my agency issued Pixel 6 Pro phone.
Compliance Item 1: Exterior Siding- "Wooden" Board and Batten boards were improperly installed and wrong materials were purchased and not returned for correct materials. Contractor made conscious decision to flip the boards to back side that was not sealed/treated, this is now leading to water damage on multiple sides of house. Contractor didn't prepare for "swelling" of boards and most of the boards are splitting away from one another and showing major gaps between the boards. What should have been used were sealed/treated boards so that water damage wouldn't occur less than two months of living in the home. Contractor had his worker with minimal experience hang boards around the home rather than hiring professionals to come in and do the work., to in his words" save money". Contractor was not on site to supervise work. ; Investigator’s Observation: IBC 2304.12.1.2 Wood Supported by Exterior Foundation Walls. Wood framing members, including wood sheathing, that are in contact with exterior foundation walls and are less than 8 inches (203 mm) from exposed earth shall be of naturally durable or preservative-treated wood. At this time, many areas around openings (windows/doors) on exterior foundation walls show evidence of swelling and moisture infiltration at sheathing trim. Respondent should identify and correct the cause of this condition and correct damage at areas of swelling and moisture infiltration damage. (See JSI Photos #2 - #9) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
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accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 2: BBQ/Grill area-No electrical was run to the BBQ/Grill and contractor abounded the work before it was complete. Had to hire another contractor to come in and complete the work, But still no electrical has been run to the BBQ/Grill area. The way the job was poorly executed in the beginning left no room to run the electrical after the fact. The grill was not level and there were multiple issues included the stucco/plaster that was used because they didn't use a polymer on the exterior surface of the grill. This is because of that lack of knowledge/expertise of sub contractors that were brought in to complete the work from Original Contractor (Sun Country Renovations-Stephen Garrett) ; Investigator’s Observation: Work was modified by completion/correction of work by other than Respondent. (No photo) Governing Rule: Not Applicable.
Compliance Item 3: Turf/Landscaping- The turf was poorly executed for the premium charged. There wasn't enough silica poured onto turf to keep it from pulling away from ground. There was no barrier (weed mat) put down between turf and existing ground to keep pre-existing grass from growing through the turf. The ground was no properly leveled. ; Investigator’s Observation: Workmanship acceptable at time of inspection. Insufficient evidence to substantiate that weed barrier was part of scope. (No photos) Governing Rule: Not Applicable.
Compliance Item 4: Roof- The sub contractor that came in to resurface/install new room on addition charged for complete resealing of existing roof and never completed the full job. We were charged for sealing of entire roof/ new and old. We brought in two different independent General Contractors (one of which specializes in roofing) and both said the full roof was not resealed. ; Investigator’s Observation: Access (extension ladder – 3 feet above landing) was not available. Photos of roof were taken by Luke who appeared on behalf of Complainant. Photos show what appears to be newly sealed roofing. Roof does have large areas of ponding stains. Staining from ponding does not indicate the absence of sealant. Respondent stated that entire roof was sealed. Some areas including areas around penetrations, areas at roof edge and others do not appear to have not been sealed. Respondent should correct this condition by appropriate methods. (See JSI Photos #10 - #15) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
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completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 5: AC- Per invoice it states we were charged for two Traine ACV units, however, two Goodman AC units were installed with no difference in price or reimbursement of funds to us. Investigator’s Observation: Labels on units identify Trane. (See JSI Photos #16 - #17) Governing Rule: Not Applicable.
Compliance Item 6: There is no PVC pipe extended over roof for proper drainage of AC unit. The current drainage is just settling on top of roof in its current state. Investigator’s Observation: Drain line terminates onto roof. Drain line should not terminate or discharge directly onto roof as this may result in damage to the roof and/or impact warranty for roofing & materials. Respondent should correct by appropriate methods. (See JSI Photos #18) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 7: Mr. Garret and Architect were told from the very beginning of project that The existing AC unit needed to be replaced as my son paid to have maintenance done on the Existing AC unit. We knew that the AC unit had to be replaced. Mr. Garrett tried to keep existing AC unit on house and had on floor plans (existing to remain) and never accounted for where the AC was going to run into the kitchen and living room in house. My son had to come in and figure out where to run the duct work for the AC. This just shows the blatant disregard and overall care for his work. Investigator’s Observation: Not a workmanship concern that can be inspected and/or evaluated. (No photo) Governing Rule: Not Applicable.
Compliance Item 8: Tankless water heater- Never installed a recirculating heat source for unit and were charged for the unit. There was no hot water recirculating line installed. ; Investigator’s Observation: No contract. Insufficient evidence to substantiate that this was part of Respondent’s scope of work. (No photo) Governing Rule: Not Applicable.
Compliance Item 9: Flooring- There are many dips/gaps that you can fit up to 5 credit cards in between each gap. Investigator’s Observation: Flooring is separating, lifting and curling. Parties were not able to identify manufacture/make at inspection. Complainant subsequently 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
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identified the product. I was able to find manufactured recommendations for install. It was provided to parties as additional information. Recommendations state: A vapor barrier must be installed over concrete substrates. Respondent stated at inspection that no underlayment was installed. Respondent should correct by appropriate methods and ensure that the installation meets manufacturer recommendations. (See JSI Photos #19 - #21) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 10: Also in most areas against cabinets, butting up against tile, by doors, the floors are not properly sealed/grouted. Investigator’s Observation: Flooring should be sealed in accordance with manufacture recommendations: Bathroom, Laundry Room or Commercial Installation… When flooring plank is cut to fit… a sealant is always required around the perimeter of the installation. Flooring does not appear to be sealed at perimeter of bathrooms. Respondent should correct this conditions by appropriate methods. Respondent should ensure that all expansion is sealed in accordance with manufacture recommendations. (See JSI Photo #35 - #36) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 11: The existing subfloor was not properly leveled and the prep for the flooring was not expected properly. Investigator’s Observation: Flooring is separating, lifting and curling. Parties were not able to identify manufacture/make at inspection. Complainant subsequently identified the product. I was able to find manufactured recommendations for install. It was provided to parties as additional information. Recommendations state: A vapor barrier must be installed over concrete substrates. Respondent stated at inspection that no underlayment was installed. Respondent should correct by appropriate methods and ensure that the installation meets manufacturer recommendations. (See JSI Photos #19 - #21) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
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prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 12: The new subfloor was never put down for the new flooring and we were advised it was not needed by Contractor (sun Country Renovations LLC- Stephen Garrett) ; Investigator’s Observation: Flooring is separating, lifting and curling. Parties were not able to identify manufacture/make at inspection. Complainant subsequently identified the product. I was able to find manufactured recommendations for install. It was provided to parties as additional information. Recommendations state: A vapor barrier must be installed over concrete substrates. Respondent stated at inspection that no underlayment was installed. Respondent should correct by appropriate methods and ensure that the installation meets manufacturer recommendations. (See JSI Photos #19 - #21) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 13: Cabinets- Since the beginning of the project we have stated we wanted black Shaker style cabinets. Stephen Garrett went ahead and ordered white shaker cabinets and had them "professionally" painted/refinished. The paint has been chipping/peeling since the painter has been done. We have been told by other contractors that they do in fact make the same cabinets in stock in black. Stephen Garrett had told us it would have to be a custom job and would cost more money and this was the way to "Save Money" .All of the doors and drawers are out of alignment and also causing more damage to the paint on the cabinets. The painter/refinisher is located in Utah and did use a hardening agent for the paint to cure properly and not have any of these ongoing issues. The cabinets were not properly prepped and were just sprayed over the existing white finish. Mr. Garrett's response to chipping and peeling was that he was unaware of when he would be able to get the painter back in town and left us with a "paint pen" to deal with the ongoing issues. ; Investigator’s Observation: Paint is not sufficient to cover in some areas and paint is also chipping in many areas. Paint should not fail in the first year. Respondent should correct this condition by appropriate methods. Lazy Suzanne cabinet doors do not open/close correctly and have huge gap when shut. Respondent should also adjust cabinets for consistent reveal and proper function. (See JSI Photos #22 - #28) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
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prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity. ```.3 Compliance Item 14: Tilework- Tilers installed cracked and chipped tiles. There are many areas where grout isn't adhering and the Primary Bathroom shower pan wasn't sloped properly for proper drainage. The Metal Schlueter's have over 1/8" gap between them and sticking out in a lot of places. Also they are sticking out on primary shower bench. There is no grout between the flooring from the bedroom into the bathroom tile. There is grout already chipping out out the second bathroom shower. ; Investigator’s Observation: I was shown two cracks (kitchen window) and a chip at the fireplace. The material was provided by the Complainant. Respondent should correct the cracks and chip by appropriate methods. Shower drains as typical. Shower pan requires inspection by the building official. Respondent should provide copy of C of O or closed final permit to the Registrar (Investigator Melton). Grout is missing (including voids at schluter) in multiple locations. Respondent should correct all missing/insufficient grout. Based on manufacturer recommendations grout is not the appropriate material at the shower/flooring transition. Respondent should address all perimeter installed flooring per manufacturer recommendations. (See JSI Photos #29 - #36) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 15: Drywall, there is a hole in the second bedroom that was never patched, it was brought to Mr. Garrett's attention and never addressed. Investigator’s Observation: Hole in drywall. Respondent should correct by appropriate methods. (See JSI Photos #37) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 16: Drywall is separating from metal stripping in pantry as it wasn't properly installed. Investigator’s Observation: Corner bead is visible. Respondent should correct by appropriate methods. (See JSI Photos #38) Governing Rule: 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
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ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 17: There were major gaps all around the house when drywall was installed and some that show sunlight when the roof had already been put on the addition (this was in the top corner of the primary shower). ; Investigator’s Observation: Not visible at the time of inspection. (No photo) Governing Rule: Not Applicable.
Compliance Item 18: Mr. Garrett was operating under License #295808 when he agreed to take on this job and signed a "Pre Construction Contract" and obtained a $20,000.00 retainer fee. This license would only allow for Mr. Garrett to do remodeling jobs up to $50,000. When we originally spoke about costs of the project we had verbally agreed to a budget of $250,00.00- $300,000.00. Investigator’s Observation: Respondent provided a preconstruction services agreement to the Complainant on 11/11/2021, at that time Respondent held a CR 61 which can perform work the identified scope and magnitude ($20,000). Total amount paid by Complainant to date is $417,000.00. In July of 2022, the Respondent obtained a KB 2 which would allow the scope and magnitude relative to this project. (No photo) Governing Rule: Not Applicable.
Compliance Item 19: Mr. Garrett also failed to let us know that he had gone over the budget agreed upon before pouring the concrete slab for the new addition and he also failed to provide us with any change orders and order options to then be able to get budget back on track. He had blown the budget on plumbing and framing at that point in time. My son had to contact Mr. Garrett and find that information out, but he had already pressed forward with pouring the concrete slab for the addition and put in all of the plumbing. We had agreed to giving Mr. Garrett another $50,000 to complete the whole house on time and with the additional $50,000.00. The agreed timeline for the whole project to be complete was 6 months and would have been completed at the end of October, 2022. Mr. Garrett didn't even complete the entire job and abandoned the work load in early 2023. Investigator’s Observation: The Registrar has no authority over financial, contractual or schedule matters. The Registrar can address poor workmanship and/or abandonment. There is insufficient evidence to substantiate abandonment. (No photo) Governing Rule: Not Applicable.
Compliance Item 20: He had told me to find someone else to finish the BBQ and the landscaping. We had used his references for the landscaping, but he was never on site for any of the work. Mr. Garrett was barely on site throughout the entire project and used multiple excuses for his lack of communication/and or his overall appearances on the jobsite. My son was at the house almost every day before and after work to check on 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
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progress of the job. My son would have to correct mistakes made by sub contractors as Mr. Garrett was not present to do so himself. My son would have to inform Mr. Garrett of the issues at the jobsite. We have paid Mr. Garrett over $400,000 and he is seeking more money for an incomplete job after he abandoned the jobsite. We have had two Independent General Contractors come in and look at the work done and what as charged for the work and have both stated we could have torn the existing house down and built brand new for the amount of money that Mr. Garrett has already received. He also tried to charge us additionally for the appliance hardware that my son made very clear in text messages to Mr. Garret explaining in detail what was wanted for the appliances (including the hardware package) and Mr. Garrett tried to charge us additionally for the hardware that was requested before the job even started. Investigator’s Observation: Not a workmanship concern that can be inspected and/or evaluated. The Registrar has no authority in regard to financial/contractual matters. (No photo) Governing Rule: Not Applicable.
Compliance Item 21: Mr. Garrett never furnished an actual contract for the scope of work. Investigator’s Observation: The Registrar has no authority over contractual matters, however, Respondent is required to provide a contract meeting the minimum elements. Respondent will receive written warning from the Registrar for failure to provide contract in accordance with A.R.S. § 32-1158. (No photo) Governing Rule: Not Applicable.
Compliance Item 22: We never signed an official contract and we never signed any change orders for the project. We have only ever signed a Pre Construction contract for a $20,000.00 Retainer fee that Mr. Garrett had collected in the fall of 2021 before demoing the house. Investigator’s Observation: The Registrar has no authority over contractual matters, however, Respondent is required to provide a contract meeting the minimum elements. Respondent will receive written warning from the Registrar for failure to provide contract in accordance with A.R.S. § 32-1158. (No photo) Governing Rule: Not Applicable.
Compliance Item 23: Mr. Garrett has never furnished all lien waivers for his subcontractors and he has also signed a release of lien waivers that we also have. Mr. Garrett never filed a preliminary 20 day lien waiver notice with us before the project started and has recently sent us a 20 day lien notice to try and collect more money that he believes he is owed. I have estimates of what these damages/repairs will be to fix all of the improper work that has been done and it far exceeds the amount that Mr. Garrett is seeking. He has shown no interest in correcting the issues with this home and has left us no choice but to file this complaint. We have sent Mr. Garrett multiple text messages regarding the floors, cabinets, etc. We have also sent him multiple messages for the lien waivers of his sub contractors and still don't have all of the lien waivers. The only lien waiver we have is that of the electrician because we paid his electrician in full personally. Mr. Garrett stated that the release for the liens that he signed and dated would be sufficient for all work done by all sub contractors. I have been told that this isn't true 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
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and I need to have all proper lien waivers from all contractors to protect ourselves from sub contractors coming back trying to collect more money, kind of like what Mr. Garrett is doing right now. ; Investigator’s Observation: The Registrar has no authority over financial/contractual matters. (No photo) Governing Rule: Not Applicable.
Compliance Item 24: Doors/Barn Doors- Not properly hung and barn door tracks don't close properly. ; Investigator’s Observation: Barn Door jumps the track when fully opened. Respondent should correct this condition by appropriate methods. Respondent should perform final adjustments on all installed doors. (No photo) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 25: Paint- Interior and Exterior Paint was poorly executed; Investigator’s Observation: Interior paint is inconsistent; possibly insufficient to cover or inconsistent sheen. Exterior paint is relative to garage door area. New garage door was installed by other than Respondent subsequent to Respondent’s work. Respondent should correct interior paint by appropriate methods. (See JSI Photos #39 - #41) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 26: Refrigerator- There was no water line ran to Refrigerator, there was a water line sleeve and no water to the refrigerator in the kitchen. We have two refrigerators in the house and neither one has water running to it. There is a water source that was put in the wall behind the refrigerator for an additional sink that was removed off the the plan because of "budget Reasons" ; Investigator’s Observation: No contract. No evidence of Respondent’s scope of work relative to the Refrigerator water line. (No photo) Governing Rule: Not applicable.
Compliance Item 27: Back of fireplace was left exposed to elements and critters ; 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
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Investigator’s Observation: Existing ash opening. Insufficient evidence to substantiate Respondent’s scope of work for this Item. (See JSI Photos #2 - #5) Governing Rule: Not applicable.
Compliance Item 28: Exposed Brick in house was never cleaned and left as is, also there are large pieces of brick missing with no filling/caulking to fix any Investigator’s Observation: New widow was installed at this location. Interior void in brick wall and window frame loose. Respondent should correct by appropriate methods. (See JSI Photos #42) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
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: Michelle Slenske 1627 W Whitton Ave Phoenix, AZ 85015
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: Sun Country Renovations LLC DBA: 7735 E Evans Rd #103 Scottsdale, AZ 85260
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 September 18, 2023
License No. ROC 339202
Re:Complaint No. 2023-06137
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 October 18, 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: Exterior Siding- "Wooden" Board and Batten boards were improperly installed and wrong materials were purchased and not returned for correct materials. Contractor made conscious decision to flip the boards to back side that was not sealed/treated, this is now leading to water damage on multiple sides of house. Contractor didn't prepare for "swelling" of boards and most of the boards are splitting away from one another and showing major gaps between the boards. What should have been used were sealed/treated boards so that water damage wouldn't occur less than two months of living in the home. Contractor had his worker with minimal experience hang boards around the home rather than hiring professionals to come in and do the work., to in his words" save money". Contractor was not on site to supervise work. ;
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 Investigator’s Observation: IBC 2304.12.1.2 Wood Supported by Exterior Foundation Walls. Wood framing members, including wood sheathing, that are in contact with exterior foundation walls and are less than 8 inches (203 mm) from exposed earth shall be of naturally durable or preservative-treated wood. At this time, many areas around openings (windows/doors) on exterior foundation walls show evidence of swelling and moisture infiltration at sheathing trim. Respondent should identify and correct the cause of this condition and correct damage at areas of swelling and moisture infiltration damage. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 4: Roof- The sub contractor that came in to resurface/install new room on addition charged for complete resealing of existing roof and never completed the full job. We were charged for sealing of entire roof/ new and old. We brought in two different independent General Contractors (one of which specializes in roofing) and both said the full roof was not resealed. ; Investigator’s Observation: Access (extension ladder – 3 feet above landing) was not available. Photos of roof were taken by Luke who appeared on behalf of Complainant. Photos show what appears to be newly sealed roofing. Roof does have large areas of ponding stains. Staining from ponding does not indicate the absence of sealant. Respondent stated that entire roof was sealed. Some areas, including areas around penetrations, areas at roof edge and others do not appear to have not been sealed. Respondent should correct this condition by appropriate methods. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 6: There is no PVC pipe extended over roof for proper drainage of AC unit. The current drainage is just settling on top of roof in its current state. Investigator’s Observation: Drain line terminates onto roof. Drain line should not terminate or discharge directly onto roof as this may result in damage to the roof and/or
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 impact warranty for roofing & materials. Respondent should correct by appropriate methods. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 9: Flooring- There are many dips/gaps that you can fit up to 5 credit cards in between each gap. Investigator’s Observation: Flooring is separating, lifting and curling. Parties were not able to identify manufacture/make at inspection. Complainant subsequently identified the product. I was able to find manufactured recommendations for install. It was provided to parties as additional information. Recommendations state: A vapor barrier must be installed over concrete substrates. Respondent stated at inspection that no underlayment was installed. Respondent should correct by appropriate methods and ensure that the installation meets manufacturer recommendations Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 10: Also in most areas against cabinets, butting up against tile, by doors, the floors are not properly sealed/grouted. Investigator’s Observation: Flooring should be sealed in accordance with manufacture recommendations: Bathroom, Laundry Room or Commercial Installation… When flooring plank is cut to fit… a sealant is always required around the perimeter of the installation. Flooring does not appear to be sealed at perimeter of bathrooms. Respondent should correct this conditions by appropriate methods. Respondent should ensure that all expansion is sealed in accordance with manufacture recommendations. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 11: The existing subfloor was not properly leveled and the prep for the flooring was not expected properly. Investigator’s Observation: Flooring is separating, lifting and curling. Parties were not able to identify manufacture/make at inspection. Complainant subsequently identified the product. I was able to find manufactured recommendations for install. It was provided to parties as additional information. Recommendations state: A vapor barrier must be installed over concrete substrates. Respondent stated at inspection that no underlayment was installed. Respondent should correct by appropriate methods and ensure that the installation meets manufacturer recommendations. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 12: The new subfloor was never put down for the new flooring and we were advised it was not needed by Contractor (sun Country Renovations LLC- Stephen Garrett) ; Investigator’s Observation: Flooring is separating, lifting and curling. Parties were not able to identify manufacture/make at inspection. Complainant subsequently identified the product. I was able to find manufactured recommendations for install. It was provided to parties as additional information. Recommendations state: A vapor barrier must be installed over concrete substrates. Respondent stated at inspection that no underlayment was installed. Respondent should correct by appropriate methods and ensure that the installation meets manufacturer recommendations. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 13: Cabinets- Since the beginning of the project we have stated we wanted black Shaker style cabinets. Stephen Garrett went ahead and ordered white shaker cabinets and had them "professionally" painted/refinished. The paint has been
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 chipping/peeling since the painter has been done. We have been told by other contractors that they do in fact make the same cabinets in stock in black. Stephen Garrett had told us it would have to be a custom job and would cost more money and this was the way to "Save Money" .All of the doors and drawers are out of alignment and also causing more damage to the paint on the cabinets. The painter/refinisher is located in Utah and did use a hardening agent for the paint to cure properly and not have any of these ongoing issues. The cabinets were not properly prepped and were just sprayed over the existing white finish. Mr. Garrett's response to chipping and peeling was that he was unaware of when he would be able to get the painter back in town and left us with a "paint pen" to deal with the ongoing issues. ; Investigator’s Observation: Paint is not sufficient to cover in some areas and paint is also chipping in many areas. Paint should not fail in the first year. Respondent should correct this condition by appropriate methods. Lazy Suzanne cabinet doors do not open/close correctly and have huge gap when shut. Respondent should also adjust cabinets for consistent reveal and proper function. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 14: Tilework- Tilers installed cracked and chipped tiles. There are many areas where grout isn't adhering and the Primary Bathroom shower pan wasn't sloped properly for proper drainage. The Metal Schlueter's have over 1/8" gap between them and sticking out in a lot of places. Also they are sticking out on primary shower bench. There is no grout between the flooring from the bedroom into the bathroom tile. There is grout already chipping out out the second bathroom shower. ; Investigator’s Observation: I was shown two cracks (kitchen window) and a chip at the fireplace. The material was provided by the Complainant. Respondent should correct the cracks and chip by appropriate methods. Shower drains as typical. Shower pan requires inspection by the building official. Respondent should provide copy of C of O or closed final permit to the Registrar (Investigator Melton). Grout is missing (including voids at schluter) in multiple locations. Respondent should correct all missing/insufficient grout. Based on manufacturer recommendations grout is not the appropriate material at the shower/flooring transition. Respondent should address all perimeter installed flooring per manufacturer recommendations. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 15: Drywall, there is a hole in the second bedroom that was never patched, it was brought to Mr. Garrett's attention and never addressed. Investigator’s Observation: Hole in drywall. Respondent should correct by appropriate methods. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 16: Drywall is separating from metal stripping in pantry as it wasn't properly installed. Investigator’s Observation: Corner bead is visible. Respondent should correct by appropriate methods. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 24: Doors/Barn Doors- Not properly hung and barn door tracks don't close properly. ; Investigator’s Observation: Barn Door jumps the track when fully opened. Respondent should correct this condition by appropriate methods. Respondent should review all bar doors for this failure and also perform final adjustments on all installed doors. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 25: Paint- Interior and Exterior Paint was poorly executed; Investigator’s Observation: Interior paint is inconsistent; possibly insufficient to cover or inconsistent sheen. Exterior paint is relative to garage door area. New garage door was installed by other than Respondent subsequent to Respondent’s work. Respondent should correct interior paint by appropriate methods. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 28: Exposed Brick in house was never cleaned and left as is, also there are large pieces of brick missing with no filling/caulking to fix any Investigator’s Observation: New widow was installed at this location. Interior void in brick wall and window frame loose. Respondent should correct by appropriate methods. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:
Compliance Item 2: BBQ/Grill area-No electrical was run to the BBQ/Grill and contractor abounded the work before it was complete. Had to hire another contractor to come in and complete the work, But still no electrical has been run to the BBQ/Grill area. The way the job was poorly executed in the beginning left no room to run the electrical after the fact. The grill was not level and there were multiple issues included the stucco/plaster that was used because they didn't use a polymer on the exterior surface of the grill. This is because of that lack of knowledge/expertise of sub contractors that were brought in to complete the work from Original Contractor (Sun Country Renovations-Stephen Garrett) ;
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: Work was modified by completion/correction of work by other than Respondent. Governing Rule: Not Applicable.
Compliance Item 3: Turf/Landscaping- The turf was poorly executed for the premium charged. There wasn't enough silica poured onto turf to keep it from pulling away from ground. There was no barrier (weed mat) put down between turf and existing ground to keep pre-existing grass from growing through the turf. The ground was no properly leveled. ; Investigator’s Observation: Workmanship acceptable at time of inspection. Insufficient evidence to substantiate that weed barrier was part of scope. Governing Rule: Not Applicable.
Compliance Item 5: AC- Per invoice it states we were charged for two Traine ACV units, however, two Goodman AC units were installed with no difference in price or reimbursement of funds to us. Investigator’s Observation: Labels on units identify Trane. Governing Rule: Not Applicable.
Compliance Item 7: Mr. Garret and Architect were told from the very beginning of project that The existing AC unit needed to be replaced as my son paid to have maintenance done on the Existing AC unit. We knew that the AC unit had to be replaced. Mr. Garrett tried to keep existing AC unit on house and had on floor plans (existing to remain) and never accounted for where the AC was going to run into the kitchen and living room in house. My son had to come in and figure out where to run the duct work for the AC. This just shows the blatant disregard and overall care for his work. Investigator’s Observation: Not a workmanship concern that can be inspected and/or evaluated. Governing Rule: Not Applicable.
Compliance Item 8: Tankless water heater- Never installed a recirculating heat source for unit and were charged for the unit. There was no hot water recirculating line installed. ; Investigator’s Observation: No contract. Insufficient evidence to substantiate that this was part of Respondent’s scope of work. Governing Rule: Not Applicable.
Compliance Item 17: There were major gaps all around the house when drywall was installed and some that show sunlight when the roof had already been put on the addition (this was in the top corner of the primary shower). ; Investigator’s Observation: Not visible at the time of inspection. Governing Rule: Not Applicable.
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 18: Mr. Garrett was operating under License #295808 when he agreed to take on this job and signed a "Pre Construction Contract" and obtained a $20,000.00 retainer fee. This license would only allow for Mr. Garrett to do remodeling jobs up to $50,000. When we originally spoke about costs of the project we had verbally agreed to a budget of $250,00.00- $300,000.00. Investigator’s Observation: Respondent provided a preconstruction services agreement to the Complainant on 11/11/2021, at that time Respondent held a CR 61 which can perform work the identified scope and magnitude ($20,000). Total amount paid by Complainant to date is $417,000.00. In July of 2022, the Respondent obtained a KB 2 which would allow the scope and magnitude relative to this project. Governing Rule: Not Applicable.
Compliance Item 19: Mr. Garrett also failed to let us know that he had gone over the budget agreed upon before pouring the concrete slab for the new addition and he also failed to provide us with any change orders and order options to then be able to get budget back on track. He had blown the budget on plumbing and framing at that point in time. My son had to contact Mr. Garrett and find that information out, but he had already pressed forward with pouring the concrete slab for the addition and put in all of the plumbing. We had agreed to giving Mr. Garrett another $50,000 to complete the whole house on time and with the additional $50,000.00. The agreed timeline for the whole project to be complete was 6 months and would have been completed at the end of October, 2022. Mr. Garrett didn't even complete the entire job and abandoned the work load in early 2023. Investigator’s Observation: The Registrar has no authority over financial, contractual or schedule matters. The Registrar can address poor workmanship and/or abandonment. There is insufficient evidence to substantiate abandonment. Governing Rule: Not Applicable.
Compliance Item 20: He had told me to find someone else to finish the BBQ and the landscaping. We had used his references for the landscaping, but he was never on site for any of the work. Mr. Garrett was barely on site throughout the entire project and used multiple excuses for his lack of communication/and or his overall appearances on the jobsite. My son was at the house almost every day before and after work to check on progress of the job. My son would have to correct mistakes made by sub contractors as Mr. Garrett was not present to do so himself. My son would have to inform Mr. Garrett of the issues at the jobsite. We have paid Mr. Garrett over $400,000 and he is seeking more money for an incomplete job after he abandoned the jobsite. We have had two Independent General Contractors come in and look at the work done and what as charged for the work and have both stated we could have torn the existing house down and built brand new for the amount of money that Mr. Garrett has already received. He also tried to charge us additionally for the appliance hardware that my son made very clear in text messages to Mr. Garret explaining in detail what was wanted for the
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 appliances (including the hardware package) and Mr. Garrett tried to charge us additionally for the hardware that was requested before the job even started. Investigator’s Observation: Not a workmanship concern that can be inspected and/or evaluated. The Registrar has no authority in regard to financial/contractual matters. Governing Rule: Not Applicable.
Compliance Item 21: Mr. Garrett never furnished an actual contract for the scope of work. Investigator’s Observation: The Registrar has no authority over contractual matters, however, Respondent is required to provide a contract meeting the minimum elements. Respondent will receive written warning from the Registrar for failure to provide contract in accordance with A.R.S. § 32-1158. Governing Rule: Not Applicable.
Compliance Item 22: We never signed an official contract and we never signed any change orders for the project. We have only ever signed a Pre Construction contract for a $20,000.00 Retainer fee that Mr. Garrett had collected in the fall of 2021 before demoing the house. Investigator’s Observation: The Registrar has no authority over contractual matters, however, Respondent is required to provide a contract meeting the minimum elements. Respondent will receive written warning from the Registrar for failure to provide contract in accordance with A.R.S. § 32-1158. Governing Rule: Not Applicable.
Compliance Item 23: Mr. Garrett has never furnished all lien waivers for his subcontractors and he has also signed a release of lien waivers that we also have. Mr. Garrett never filed a preliminary 20 day lien waiver notice with us before the project started and has recently sent us a 20 day lien notice to try and collect more money that he believes he is owed. I have estimates of what these damages/repairs will be to fix all of the improper work that has been done and it far exceeds the amount that Mr. Garrett is seeking. He has shown no interest in correcting the issues with this home and has left us no choice but to file this complaint. We have sent Mr. Garrett multiple text messages regarding the floors, cabinets, etc. We have also sent him multiple messages for the lien waivers of his sub contractors and still don't have all of the lien waivers. The only lien waiver we have is that of the electrician because we paid his electrician in full personally. Mr. Garrett stated that the release for the liens that he signed and dated would be sufficient for all work done by all sub contractors. I have been told that this isn't true and I need to have all proper lien waivers from all contractors to protect ourselves from sub contractors coming back trying to collect more money, kind of like what Mr. Garrett is doing right now. ; Investigator’s Observation: The Registrar has no authority over financial and/or contractual matters. Governing Rule: Not Applicable.
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 26: Refrigerator- There was no water line ran to Refrigerator, there was a water line sleeve and no water to the refrigerator in the kitchen. We have two refrigerators in the house and neither one has water running to it. There is a water source that was put in the wall behind the refrigerator for an additional sink that was removed off the the plan because of "budget Reasons" ; Investigator’s Observation: No contract. No evidence of Respondent’s scope of work relative to the Refrigerator water line. Governing Rule: Not applicable.
Compliance Item 27: Back of fireplace was left exposed to elements and critters ; Investigator’s Observation: Existing ash opening. Insufficient evidence to substantiate Respondent’s scope of work for this Item. Governing Rule: Not applicable.
Please direct all questions regarding this Directive to the undersigned Investigator.
Sincerely, Lisa Melton Investigator #206 602 7716736 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812
License mailing address (if different from account/company address of record):
Sun Country Renovations LLC 7735 E Evans Rd Ste 103 Scottsdale, AZ 85260-3482
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: Michelle Slenske 1627 W Whitton Ave Phoenix, AZ 85015
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: Sun Country Renovations LLC DBA: 7735 E Evans Rd #103 Scottsdale, AZ 85260
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov
C012 05/21 October 23, 2023
Compliance Jobsite Inspection Notice Re: Complaint No. 2023-06137
Dear Complainant and Respondent:
A Compliance Inspection has been scheduled for November 8, 2023 at 1:00 PM 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,
Lisa Melton, Investigator #206 602 7716736 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov
C012 05/21 License mailing address (if different from account/company address of record):
Sun Country Renovations LLC
7735 E Evans Rd Ste 103 Scottsdale, AZ 85260-3482
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov
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722 2 2!212"#$840 %&'%&()*$( $ ( +$ +70811,08340003'($70811,0834000- ,2, Complaint #2023-06137 Inspection Date: 11/08/2023 1:00 PM JSI PHOTOS – Page 1 Complaint #2023-06137 Inspection Date: 11/08/2023 1:00 PM JSI PHOTOS – Page 2 Complaint #2023-06137 Inspection Date: 11/08/2023 1:00 PM JSI PHOTOS – Page 3 Complaint #2023-06137 Inspection Date: 11/08/2023 1:00 PM JSI PHOTOS – Page 4 Complaint #2023-06137 Inspection Date: 11/08/2023 1:00 PM JSI PHOTOS – Page 5 Complaint #2023-06137 Inspection Date: 11/08/2023 1:00 PM JSI PHOTOS – Page 6 Complaint #2023-06137 Inspection Date: 11/08/2023 1:00 PM JSI PHOTOS – Page 7 Complaint #2023-06137 Inspection Date: 11/08/2023 1:00 PM JSI PHOTOS – Page 8 Complaint #2023-06137 Inspection Date: 11/08/2023 1:00 PM JSI PHOTOS – Page 9 Complaint #2023-06137 Inspection Date: 11/08/2023 1:00 PM JSI PHOTOS – Page 10 Complaint #2023-06137 Inspection Date: 11/08/2023 1:00 PM JSI PHOTOS – Page 11 Complaint #2023-06137 Inspection Date: 11/08/2023 1:00 PM JSI PHOTOS – Page 12 Complaint #2023-06137 Inspection Date: 11/08/2023 1:00 PM JSI PHOTOS – Page 13 Complaint #2023-06137 Inspection Date: 11/08/2023 1:00 PM JSI PHOTOS – Page 14 Complaint #2023-06137 Inspection Date: 11/08/2023 1:00 PM JSI PHOTOS – Page 15 Complaint #2023-06137 Inspection Date: 11/08/2023 1:00 PM JSI PHOTOS – Page 16 Complaint #2023-06137 Inspection Date: 11/08/2023 1:00 PM JSI PHOTOS – Page 17 Complaint #2023-06137 Inspection Date: 11/08/2023 1:00 PM JSI PHOTOS – Page 18 Complainant: Michelle Slenske 1627 W Whitton Ave Phoenix, AZ 85015
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: Sun Country Renovations LLC DBA: 7735 E Evans Rd #103 Scottsdale, AZ 85260
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.: 2023-06137 Investigator: Lisa Melton Inspection Date: November 8, 2023 Inspection Time: 1:00 PM
Compliance Jobsite General Notes: JSI photos and audio was recorded with my agency issued Pixel 6 Pro phone.
Compliance Findings
Compliance Item 1: Exterior Siding- "Wooden" Board and Batten boards were improperly installed and wrong materials were purchased and not returned for correct materials. Contractor made conscious decision to flip the boards to back side that was not sealed/treated, this is now leading to water damage on multiple sides of house. Contractor didn't prepare for "swelling" of boards and most of the boards are splitting away from one another and showing major gaps between the boards. What should have been used were sealed/treated boards so that water damage wouldn't occur less than two months of living in the home. Contractor had his worker with minimal experience hang boards around the home rather than hiring professionals to come in and do the work., to in his words" save money". Contractor was not on site to supervise work. ; Investigator’s Observation at JOBSITE INSPECTION: IBC 2304.12.1.2 Wood Supported by Exterior Foundation Walls. Wood framing members, including wood sheathing, that are in contact with exterior foundation walls and are less than 8 inches (203 mm) from exposed earth shall be of naturally durable or preservative-treated wood. At this time, many areas around openings (windows/doors) on exterior foundation walls show evidence of swelling and moisture infiltration at sheathing trim. Respondent should identify and correct the cause of this condition and correct damage at areas of swelling and moisture infiltration damage. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity. COMPLIANCE INSPECTION: Complainant provided the following concerns relative to this item: Board and Batten incomplete. Sloppy unprofessional caulking and paint done. Boards are not same as existing. Paint and caulk on fake grass due to painters not using drop cloths. Paint looks to be different sheen. All boards with damage not replaced. I was informed boards were not glued down on original job entire house. INVESTIGATOR’S OBSERVATIONS AT COMPLIANCE INSPECTION:
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 NOT COMPLETE. Caulk and paint are not complete. Not all of the swollen/moisture damaged boards have been corrected. New/existing board appears consistent. Fake grass concern was corrected prior to inspection. Area where paint sheen is inconsistent is an area behind grill which Respondent states was not painted by them. “Glued down” was not part of original complaint item.
Compliance Item 13: Cabinets- Since the beginning of the project we have stated we wanted black Shaker style cabinets. Stephen Garrett went ahead and ordered white shaker cabinets and had them "professionally" painted/refinished. The paint has been chipping/peeling since the painter has been done. We have been told by other contractors that they do in fact make the same cabinets in stock in black. Stephen Garrett had told us it would have to be a custom job and would cost more money and this was the way to "Save Money" .All of the doors and drawers are out of alignment and also causing more damage to the paint on the cabinets. The painter/refinisher is located in Utah and did use a hardening agent for the paint to cure properly and not have any of these ongoing issues. The cabinets were not properly prepped and were just sprayed over the existing white finish. Mr. Garrett's response to chipping and peeling was that he was unaware of when he would be able to get the painter back in town and left us with a "paint pen" to deal with the ongoing issues. ; Investigator’s Observation: Paint is not sufficient to cover in some areas and paint is also chipping in many areas. Paint should not fail in the first year. Respondent should correct this condition by appropriate methods. Lazy Suzanne cabinet doors do not open/close correctly and have huge gap when shut. Respondent should also adjust cabinets for consistent reveal and proper function. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity. COMPLIANCE INSPECTION: Complainant provided the following concerns relative to this item: Kitchen cabinets incomplete. Paint not complete. Unprofessional sloppy job. Cabinets still out of alignment. Cabinets not sanded primed painted and no hardener used first time or since. Unacceptable complaint stand INVESTIGATOR’S OBSERVATIONS AT COMPLIANCE INSPECTION: NOT COMPLETE. Cabinets remain which are not adjusted showing large and/or inconsistent reveal, some cabinets have smearing where caulk was sloppily applied, some visible chipping remains.
Compliance Item 9: Flooring- There are many dips/gaps that you can fit up to 5 credit cards in between each gap. Investigator’s Observation: Flooring is separating, lifting and curling. Parties were not able to identify manufacture/make at inspection. Complainant subsequently identified the product. I was able to find manufactured recommendations for install. It was provided to parties as additional information. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Recommendations state: A vapor barrier must be installed over concrete substrates. Respondent stated at inspection that no underlayment was installed. Respondent should correct by appropriate methods and ensure that the installation meets manufacturer recommendations Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity. COMPLIANCE INSPECTION: Complainant provided the following concerns relative to this item: Flooring was done. Transition pieces all not installed as Mr Garrett did not have them here for flooring guys before they finished. He had at least five days to do so. INVESTIGATOR’S OBSERVATIONS AT COMPLIANCE INSPECTION: COMPLETE. No evidence was provided to substantiate what if any flooring transition was required by the contract.
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,
Lisa Melton Lisa Melton, Investigator #206 602 7716736 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812
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
Michelle Slenske, Case No. 2023-06137 COMPLAINANT, v. Sun Country Renovations LLC CITATION License No. ROC 339202, RESPONDENT.
The Registrar issues this Citation to Sun Country Renovations LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by December 13, 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 30, 2023, Michelle Slenske (“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(b) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and 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 professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity. 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. 2023-06137. 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 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 December 13, 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 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · 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 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · 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 28, 2023. By: /s/ Erin Johnson Erin Johnson Legal Assistant II Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, November 28, 2023 to: Respondent Certified Mail No: [number redacted] Sun Country Renovations LLC 7735 E. Evans Rd. #103 Scottsdale, AZ 85260
Copy mailed by USPS First Class mail this same date to: Sun Country Renovations LLC 7735 E. Evans Rd. #103 Scottsdale, AZ 85260 Complainant Michelle Slenske 1627 W. Whitton Ave. Phoenix, AZ 85015
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. 2023-06137 / EJ 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 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)
Michelle Slenske Mailing Address (Enter jobsite in Contract/Project section) City State Zip
1627 W Whitton Ave Phoenix Arizona 85015 Phone Number Email
(602) 513-9598 [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)
Sun Country Renovations LLC ROC 339202 Street Address City State Zip
7735 E Evans Rd #103 Scottsdale AZ 85260 Phone Number Email
Name of Person(s) Representing License
Stephen Garrett Contract/Project Information Contract Date Contract Amount Amount Paid
October 25, 2021 $250,000.00 $417,000.00 Date Work Started Date Work Stopped Date Work Was Completed
March 1, 2022 March 30, 2023 Close of Escrow (New Home) Move-In Date (New-Home)
Jobsite Street Address City State Zip
1627 W Whitton Ave Phoenix AZ 85015 Name of Construction Site Owner Construction Site Name (if applicable)
Phone Number of Construction Site Owner Email of Construction Site Owner
This complaint is for Abandonment;Poor Work;Other I have contacted the contractor by Phone/Text Have you filed a complaint in court? No Has any work been corrected? No
RCC099 12/05/18 Page 1 of 3 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees
The contract was Written All change orders were N/A This project was Residential This project involved Other Complete Home Remodel/New Construction Addition A building permit was obtained by Contractor RDEM 22005518 Phoenix List and briefly describe each complaint item (Please do not write "see attached" or use additional pages unless necessary to further describe issues or list more complaint items) (limited to 100 characters per line)
Exterior Siding- "Wooden" Board and Batten boards were improperly installed and wrong materials were purchased and not returned for correct materials. Contractor made conscious decision to flip the boards to back side that was not sealed/treated, this is now leading to water damage on multiple sides of house. Contractor didn't prepare for "swelling" of boards and most of the boards are splitting away from one another and showing major gaps between the boards. What should have been used were sealed/treated boards so that water damage wouldn't occur less than two months of living in the home. Contractor had his worker with minimal experience hang boards around the home rather than hiring professionals to come in and do the work., to in his words" save money". Contractor was not on site to supervise work. ; BBQ/Grill area-No electrical was run to the BBQ/Grill and contractor abounded the work before it was complete. Had to hire another contractor to come in and complete the work, But still no electrical has been run to the BBQ/Grill area. The way the job was poorly executed in the beginning left no room to run the electrical after the fact. The grill was not level and there were multiple issues included the stucco/plaster that was used because they didn't use a polymer on the exterior surface of the grill. This is because of that lack of knowledge/expertise of sub contractors that were brought in to complete the work from Original Contractor (Sun Country Renovations-Stephen Garrett) ; Turf/Landscaping- The turf was poorly executed for the premium charged. There wasn't enough silica poured onto turf to keep it from pulling away from ground. There was no barrier (weed mat) put down between turf and existing ground to keep pre-existing grass from growing through the turf. The ground was no properly leveled. ; Roof- The sub contractor that came in to resurface/install new room on addition charged for complete resealing of existing roof and never completed the full job. We were charged for sealing of entire roof/ new and old. We brought in two different independent General Contractors (one of which specializes in roofing) and both said the full roof was not resealed. ; AC- Per invoice it states we were charged for two Traine ACV units, however, two Goodman AC units were installed with no difference in price or reimbursement of funds to us. There is no PVC pipe extended over roof for proper drainage of AC unit. The current drainage is just settling on top of roof in its current state. Mr. Garret and Architect were told from the very beginning of project that The existing AC unit needed to be replaced as my son paid to have maintenance done on the Existing AC unit. We knew that the AC unit had to be replaced. Mr. Garrett tried to keep existing AC unit on house and had on floor plans (existing to remain) and never accounted for where the AC was going to run into the kitchen and living room in house. My son had to come in and figure out where to run the duct work for the AC. This just shows the blatant disregard and overall care for his work. ; Tankless water heater- Never installed a recirculating heat source for unit and were charged for the unit. There was no hot water recirculating line installed. ; Flooring- There are many dips/gaps that you can fit up to 5 credit cards in between each gap. Also in most areas against cabinets, butting up against tile, by doors, the floors are not properly sealed/grouted. The existing subfloor was not properly leveled and the prep for the flooring was not expected properly. The new subfloor was never put down for the new flooring and we were advised it was not needed by Contractor (sun Country Renovations LLC- Stephen Garrett) ; Cabinets- Since the beginning of the project we have stated we wanted black Shaker style cabinets. Stephen Garrett went ahead and ordered white shaker cabinets and had them "professionally" painted/refinished. The paint has been chipping/peeling since the painter has been done. We have been told by other contractors that they do in fact make the same cabinets in stock in black. Stephen Garrett had told us it would have to be a custom job and would cost more money and this was the way to "Save Money" . All of the doors and drawers are out of alignment and also causing more damage to the paint on the cabinets. The painter/refinisher is located in Utah and did use a hardening agent for the paint to cure properly and not have any of these ongoing issues. The cabinets were not properly prepped and were just sprayed over the existing white finish. Mr. Garrett's response to chipping and peeling was that he was unaware of when he would be able to get the painter back in town and left us with a "paint pen" to deal with the ongoing issues. ; Tilework- Tilers installed cracked and chipped tiles. There are many areas where grout isn't adhering and the Primary Bathroom shower pan wasn't sloped properly for proper drainage. The Metal Schlueter's have over 1/8" gap between them and sticking out in a lot of places. Also they are sticking out on primary shower bench. There is no grout between the flooring from the bedroom into the bathroom tile. There is grout already chipping out out the second bathroom shower. ; Drywall, there is a hole in the second bedroom that was never patched, it was brought to Mr. Garrett's attention and never addressed. Drywall is separating from metal stripping in pantry as it wasn't properly installed. There were major gaps all around the house when drywall was installed and some that show sunlight when the roof had already been put on the
RCC099 12/05/18 Page 2 of 3 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees
addition (this was in the top corner of the primary shower). ; Mr. Garrett was operating under License #295808 when he agreed to take on this job and signed a "Pre Construction Contract" and obtained a $20,000.00 retainer fee. This license would only allow for Mr. Garrett to do remodeling jobs up to $50,000. When we originally spoke about costs of the project we had verbally agreed to a budget of $250,00.00- $300,000.00. Mr. Garrett also failed to let us know that he had gone over the budget agreed upon before pouring the concrete slab for the new addition and he also failed to provide us with any change orders and order options to then be able to get budget back on track. He had blown the budget on plumbing and framing at that point in time. My son had to contact Mr. Garrett and find that information out, but he had already pressed forward with pouring the concrete slab for the addition and put in all of the plumbing. We had agreed to giving Mr. Garrett another $50,000 to complete the whole house on time and with the additional $50,000.00. The agreed timeline for the whole project to be complete was 6 months and would have been completed at the end of October, 2022. Mr. Garrett didn't even complete the entire job and abandoned the work load in early 2023. He had told me to find someone else to finish the BBQ and the landscaping. We had used his references for the landscaping, but he was never on site for any of the work. Mr. Garrett was barely on site throughout the entire project and used multiple excuses for his lack of communication/and or his overall appearances on the jobsite. My son was at the house almost every day before and after work to check on progress of the job. My son would have to correct mistakes made by sub contractors as Mr. Garrett was not present to do so himself. My son would have to inform Mr. Garrett of the issues at the jobsite. We have paid Mr. Garrett over $400,000 and he is seeking more money for an incomplete job after he abandoned the jobsite. We have had two Independent General Contractors come in and look at the work done and what as charged for the work and have both stated we could have torn the existing house down and built brand new for the amount of money that Mr. Garrett has already received. He also tried to charge us additionally for the appliance hardware that my son made very clear in text messages to Mr. Garret explaining in detail what was wanted for the appliances (including the hardware package) and Mr. Garrett tried to charge us additionally for the hardware that was requested before the job even started. Mr. Garrett never furnished an actual contract for the scope of work. We never signed an official contract and we never signed any change orders for the project. We have only ever signed a Pre Construction contract for a $20,000.00 Retainer fee that Mr. Garrett had collected in the fall of 2021 before demoing the house. Mr. Garrett has never furnished all lien waivers for his subcontractors and he has also signed a release of lien waivers that we also have. Mr. Garrett never filed a preliminary 20 day lien waiver notice with us before the project started and has recently sent us a 20 day lien notice to try and collect more money that he believes he is owed. I have estimates of what these damages/repairs will be to fix all of the improper work that has been done and it far exceeds the amount that Mr. Garrett is seeking. He has shown no interest in correcting the issues with this home and has left us no choice but to file this complaint. We have sent Mr. Garrett multiple text messages regarding the floors, cabinets, etc. We have also sent him multiple messages for the lien waivers of his sub contractors and still don't have all of the lien waivers. The only lien waiver we have is that of the electrician because we paid his electrician in full personally. Mr. Garrett stated that the release for the liens that he signed and dated would be sufficient for all work done by all sub contractors. I have been told that this isn't true and I need to have all proper lien waivers from all contractors to protect ourselves from sub contractors coming back trying to collect more money, kind of like what Mr. Garrett is doing right now. ; Doors/Barn Doors- Not properly hung and barn door tracks don't close properly. ; Paint- Interior and Exterior Paint was poorly executed; Refrigerator- There was no water line ran to Refrigerator, there was a water line sleeve and no water to the refrigerator in the kitchen. We have two refrigerators in the house and neither one has water running to it. There is a water source that was put in the wall behind the refrigerator for an additional sink that was removed off the the plan because of "budget Reasons" ; Back of fireplace was left exposed to elements and critters ; Exposed Brick in house was never cleaned and left as is, also there are large pieces of brick missing with no filling/caulking to fix any
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
Michelle Slenske \complainant1\ \complainantd1\
RCC099 12/05/18 Page 3 of 3 • • The reason a written contract is not being provided (e.g. the contractor did not provide a written contract, the contract is lost, the contract was destroyed); There was no contract furnished to us at the beginning, middle or end of project. Just a pre construction contract that Mr. Garrett and My Son Signed for a retainer fee of $20,000.00 Before Mr. Garrett did any work.
• • A description of any written documents used to describe the contract, e.g. bids, proposals, invoices, receipts. (If you have copies of any of these documents, please provide them with the Complaint Form.); We asked Mr. Garrett Multiple times throughout project for updates to budget/invoices and only received the invoices at the end of the project (January 2023). We had met with Mr. Garrett Multiple times to discuss what was going on with the project and always asked if we were still on target for the $250,000-$300,000 budget and he would state that we were still pretty much on target without providing at clarity or actually documentation to back up the statements. He also stated he didn’t make anything off of his subcontractors. A lot of the invoices that we received don’t furnish his sub contractors license numbers or they are hand written invoices.
• A description of the work to be performed under the contract (including any addenda or change orders); The whole remodel of the home was discussed including addition of Primary Bedroom/Bathroom, additional bathroom for existing primary bedroom/ interior and exterior was discussed. I had made mention that the house was built in 1950 and everything needed to be touched including all major plumbing, electrical, appliances, everything. This was supposed to be a fulling done remodel, and for the amount paid to Mr. Garrett, we have been told that we could have torn the existing structure down and built and brand new home. Mr Garrett understood the assignment/job he had taken on from the beginning and at the time was not properly licensed to do so.
• • The names of the people who negotiated the contract; There is no contract
• • The agreed upon payment schedule; There was no payment schedule
• • An explanation of who was to receive payment; Mr. Garrett/Sun Country Renovations, LLC. was all we knew to make payment.
• • The date the work was to be completed; October 31st, 2022
• • For new homes provide a copy of the Purchase Agreement. Where the claimant is required to execute a waiver and release in exchange for or in order to induce the payment of a final payment and the claimant asserts in the waiver that it has been paid the final payment, the waiver and release shall follow substantially the following form:
ARIZONA LIEN WAIVER AND RELEASE FORM UNCONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT (Pursuant to A.R.S. 33-1008)
Whitton Addition/Remodel (Excluding Landscaping) Project:_____________________________________________ Invoice #464 ($417,855.67) Job No.:_____________________________________________
The undersigned has been paid in full for all labor, services, equipment, or material Sun Country Renovations, LLC furnished to the jobsite or to_____________________________________(Person with whom Robert and Michelle Slenske undersigned contracted) on the job of_______________________________________(Owner) 1627 W. Whitton Ave, Phoenix, AZ 85015 located at________________________________________________________(Job Description) and does hereby waive and release any right to mechanic's lien, any state or federal statutory bond right, any private bond right, any claim for payment and any rights under any similar ordinance, rule or statute related to claim or payment rights for persons in the undersigned's position, except for disputed claims for extra work in the amount of $__________________.
The undersigned warrants that he either has already paid or will use the monies he receives from this final payment to promptly pay in full all his laborers, subcontractors, materialmen and suppliers for all work, materials, equipment or services provided for or to the above- referenced project up to the date of this waiver.
3/2/2023 Date:_____________________ Sun Country Renovations, LLC _______________________________________________ (Company Name)
By:_____________________________________________ (Signature)
Owner ______________________________________________ (Title)
(Each Unconditional Waiver shall contain the following language, in type at least as large as the largest type otherwise on the document:)
NOTICE: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL RELEASE FORM. • • The reason a written contract is not being provided (e.g. the contractor did not provide a written contract, the contract is lost, the contract was destroyed); There was no contract furnished to us at the beginning, middle or end of project. Just a pre construction contract • • A description of any written documents used to describe the contract, e.g. bids, proposals, invoices, receipts. (If you have copies of any of these documents, please provide them with the Complaint Form.); We asked Mr. Garrett Multiple times throughout project for updates to budget/invoices and only received the invoices at the end of the project (January 2023). We had met with Mr. Garrett Multiple times to discuss what was going on with the project and always asked if we were still on target for the $250,000-$300,000 budget and he would state that we were still pretty much on target without providing at clarity or actually documentation to back up the statements. He also stated he didn’t make anything off of his subcontractors. A lot of the invoices that we received don’t furnish his sub contractors license numbers or they are hand written invoices. • • A description of the work to be performed under the contract (including any addenda or change orders); The whole remodel of the home was discussed including addition of Primary Bedroom/Bathroom, additional bathroom for existing primary bedroom/ interior and exterior was discussed. I had made mention that the house was built in 1950 and everything needed to be touched including all major plumbing, electrical, appliances, everything. This was supposed to be a fulling done remodel, and for the amount paid to Mr. Garrett, we have been told that we could have torn the existing structure down and built and brand new home. Mr Garrett understood the assignment/job he had taken on from the beginning and at the time was not properly licensed to do so. • • The names of the people who negotiated the contract; There is no contract • • The agreed upon payment schedule; There was no payment schedule • • An explanation of who was to receive payment; Mr. Garrett/Sun Country Renovations, LLC. was all we knew to make payment. • • The date the work was to be completed; October 31st, 2022 • • For new homes provide a copy of the Purchase Agreement. • • The reason a written contract is not being provided (e.g. the contractor did not provide a written contract, the contract is lost, the contract was destroyed); There was no contract furnished to us at the beginning, middle or end of project. Just a pre construction contract that Mr. Garrett and My Son Signed for a retainer fee of $20,000.00 Before Mr. Garrett did any work.
• • A description of any written documents used to describe the contract, e.g. bids, proposals, invoices, receipts. (If you have copies of any of these documents, please provide them with the Complaint Form.); We asked Mr. Garrett Multiple times throughout project for updates to budget/invoices and only received the invoices at the end of the project (January 2023). We had met with Mr. Garrett Multiple times to discuss what was going on with the project and always asked if we were still on target for the $250,000-$300,000 budget and he would state that we were still pretty much on target without providing at clarity or actually documentation to back up the statements. He also stated he didn’t make anything off of his subcontractors. A lot of the invoices that we received don’t furnish his sub contractors license numbers or they are hand written invoices.
• A description of the work to be performed under the contract (including any addenda or change orders); The whole remodel of the home was discussed including addition of Primary Bedroom/Bathroom, additional bathroom for existing primary bedroom/ interior and exterior was discussed. I had made mention that the house was built in 1950 and everything needed to be touched including all major plumbing, electrical, appliances, everything. This was supposed to be a fulling done remodel, and for the amount paid to Mr. Garrett, we have been told that we could have torn the existing structure down and built and brand new home. Mr Garrett understood the assignment/job he had taken on from the beginning and at the time was not properly licensed to do so.
• • The names of the people who negotiated the contract; There is no contract
• • The agreed upon payment schedule; There was no payment schedule
• • An explanation of who was to receive payment; Mr. Garrett/Sun Country Renovations, LLC. was all we knew to make payment.
• • The date the work was to be completed; October 31st, 2022
• • For new homes provide a copy of the Purchase Agreement. Where the claimant is required to execute a waiver and release in exchange for or in order to induce the payment of a final payment and the claimant asserts in the waiver that it has been paid the final payment, the waiver and release shall follow substantially the following form:
ARIZONA LIEN WAIVER AND RELEASE FORM UNCONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT (Pursuant to A.R.S. 33-1008)
Whitton Addition/Remodel (Excluding Landscaping) Project:_____________________________________________ Invoice #464 ($417,855.67) Job No.:_____________________________________________
The undersigned has been paid in full for all labor, services, equipment, or material Sun Country Renovations, LLC furnished to the jobsite or to_____________________________________(Person with whom Robert and Michelle Slenske undersigned contracted) on the job of_______________________________________(Owner) 1627 W. Whitton Ave, Phoenix, AZ 85015 located at________________________________________________________(Job Description) and does hereby waive and release any right to mechanic's lien, any state or federal statutory bond right, any private bond right, any claim for payment and any rights under any similar ordinance, rule or statute related to claim or payment rights for persons in the undersigned's position, except for disputed claims for extra work in the amount of $__________________.
The undersigned warrants that he either has already paid or will use the monies he receives from this final payment to promptly pay in full all his laborers, subcontractors, materialmen and suppliers for all work, materials, equipment or services provided for or to the above- referenced project up to the date of this waiver.
3/2/2023 Date:_____________________ Sun Country Renovations, LLC _______________________________________________ (Company Name)
By:_____________________________________________ (Signature)
Owner ______________________________________________ (Title)
(Each Unconditional Waiver shall contain the following language, in type at least as large as the largest type otherwise on the document:)
NOTICE: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL RELEASE FORM. LEGAL RECEIVED 12/11/2023
William H. Breier (029626) RADIX LAW 15205 N. Kierland Blvd., Suite 200 Scottsdale, AZ 85254 [email redacted] (602) 606-9300 Attorneys for Respondent
REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
MICHELLE SLENSKE, Case No. 2023-06137 NOTICE OF APPEARANCE Complainant, OF COUNSEL v.
SUN COUNTRY RENOVATIONS LLC, License No. ROC 339202,
Respondent.
William H. Breier of Radix Law hereby gives notice of his appearance as counsel of record for Respondent Sun Country Renovations, LLC (“Respondent”). Please direct all future filings, correspondence, and all other communications on behalf of Respondent to Mr. Breier at the address listed above. DATED: December 11, 2023. RADIX LAW /s/ William H. Breier William H. Breier Attorneys for Respondent
/// /// 1550136.1 LEGAL RECEIVED 12/11/2023
Original e-mailed/mailed on December 11, 2023, to: REGISTRAR OF CONTRACTORS P.O. Box 18244 Phoenix, AZ 85005-8243 [email redacted] Copy e-mailed/mailed same date to: Michelle Slenske 1627 W. Whitton Ave. Phoenix, AZ 85015 [email redacted] Complainant By: /s/ Kelsey Slocum
1550136.1 12/13/23, 10:23 AM State of Arizona Mail - ROC Complaint No.: 2023-06137 LEGAL RECEIVED 12/11/2023
Legal New Mail - AZROC <[email redacted]>
ROC Complaint No.: 2023-06137 messages
Kelsey Slocum <[email redacted]> Mon, Dec 11, 2023 at 4:19 PM To: Legal New Mail - AZROC <[email redacted]> Cc: Will Breier <[email redacted]>, "[email redacted]" <[email redacted]>
Good Afternoon,
Please find enclosed the Notice of Appearance of Counsel filed on behalf of Respondent in this matter. A hard copy will also follow via U.S. Mail. Please let us know if you have any questions.
Thank you,
Kelsey Slocum, Paralegal
15205 N. Kierland Blvd, Suite 200 Scottsdale, AZ 85254
Phone: 602-606-9321
CONFIDENTIALITY NOTICE: The information contained herein may be privileged and protected by the attorney/client and/or other privilege. It is confidential in nature and intended for use by the intended addressee only. If you are not the intended recipient, you are hereby expressly prohibited from dissemination, distribution, copy or any use whatsoever of this transmission and its contents. If you receive this transmission in error, please reply or call the sender and delete this transmission from your email and/or network.
Kelsey Slocum <[email redacted]> Mon, Dec 11, 2023 at 4:20 PM To: Legal New Mail - AZROC <[email redacted]> Cc: Will Breier <[email redacted]>, "[email redacted]" <[email redacted]>
https://mail.google.com/mail/b/AEoRXRTApE-PILY-uSOvcO5AQIIk_jVKHeueQ1Y4fUq8DoeWnppt/u/0/?ik=d3afebeda9&view=pt&search=all&permthid… 1/2 12/13/23, 10:23 AM State of Arizona Mail - ROC Complaint No.: 2023-06137 LEGAL RECEIVED 12/11/2023
Apologies, here is the attachment.
Thanks,
Kelsey Slocum, Paralegal
15205 N. Kierland Blvd, Suite 200 Scottsdale, AZ 85254
Phone: 602-606-9321
CONFIDENTIALITY NOTICE: The information contained herein may be privileged and protected by the attorney/client and/or other privilege. It is confidential in nature and intended for use by the intended addressee only. If you are not the intended recipient, you are hereby expressly prohibited from dissemination, distribution, copy or any use whatsoever of this transmission and its contents. If you receive this transmission in error, please reply or call the sender and delete this transmission from your email and/or network.
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Notice of Appearance (12-11-23).pdf 139K
https://mail.google.com/mail/b/AEoRXRTApE-PILY-uSOvcO5AQIIk_jVKHeueQ1Y4fUq8DoeWnppt/u/0/?ik=d3afebeda9&view=pt&search=all&permthid… 2/2 Received 12/12/2023 ROC Legal
William H. Breier (029626) RADIX LAW 15205 N. Kierland Blvd., Suite 200 Scottsdale, AZ 85254 [email redacted] (602) 606-9300 Attorneys for Respondent
REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
MICHELLE SLENSKE, Case No. 2023-06137 ANSWER TO CITATION Complainant, v.
SUN COUNTRY RENOVATIONS LLC, License No. ROC 339202,
Respondent.
Respondent Sun Country Renovations, LLC (“Sun Country”) submits the
following as its formal written Answer to the Citation issued by the Arizona Registrar of
Contractors on November 28, 2023, regarding Complainant Michelle Slenske’s
Complaint (“Complaint”). For the foregoing reasons, Sun Country requests the Citation
and Complaint be summarily dismissed without the need for a formal hearing or further
action taken at this time.
As the record confirms, Sun Country completed all, but two items as directed by
the Registrar’s Written Directive. The two outstanding items are:
1. Compliance Item #1 – Exterior Siding (Caulk and Paint)
2. Compliance Item #13 – Interior Cabinet Doors
1550150.1 Received 12/12/2023 ROC Legal
Recognizing these two items would not be completed by the deadline stated in the Written Directive, Sun Country requested additional time. On October 18, 2023, Sun Country requested additional time in a written request to the Registrar’s Inspector, Ms. Melton, who immediately notified Complainant of Sun Country’s request. Complainant refused to permit Sun Country any additional time to complete these items. 1 Thereafter Registrar’s Inspector conducted a Compliance Inspection on November 8, 2023, and the Registrar subsequently issued a formal Citation on November 28, 2023. The Citation “charges” Sun Country with violating A.R.S. § 32-1154(A)(3) for a “violation of any rule adopted by the Registrar, Namely A.A.C. R4-9-108(b)” and A.R.S. § 32-1154 (A)(22) for “failure to take appropriate corrective action … without valid justification … after receiving a written directive from the Registrar.” Both of these charges are not supported by facts and law. Sun Country does not dispute or deny that the two outstanding items still need to be addressed/corrected as directed. Sun Country just needed some additional time to complete the work. Complainant refused. Sun Country respectfully requests an Order from the Registrar permitting more time to complete the two outstanding issues. The cabinet re-finishing can be completed off-site after the doors are removed, which will minimize any disruption to Complainant for interior work. The exterior work on the siding/paint can be completed whether or not Complainant is present. Sun Country anticipates being able to complete the remaining work in five working days. Sun Country has licensed subcontractors ready, willing, and able to perform the work, just needs the access and opportunity to do so. Rather than proceed to a formal hearing at this time, Sun Country simply requests access and additional time to complete the items ordered to correct in the Written Directive. If granted, following completion of the work, the Registrar can perform a
1 E-mails from October 2023 enclosed as Exhibit 1. 1550150.1 Received 12/12/2023 ROC Legal
follow-up compliance inspection, which will confirm the items giving rise to this Complaint have been fully performed and the case can be closed. DATED: December 12, 2023. RADIX LAW /s/ William H. Breier William H. Breier Attorneys for Respondent
Original e-mailed/mailed on December 12, 2023, to: REGISTRAR OF CONTRACTORS P.O. Box 18244 Phoenix, AZ 85005-8243 [email redacted] Copy e-mailed/mailed same date to: Michelle Slenske 1627 W. Whitton Ave. Phoenix, AZ 85015 [email redacted] Complainant By: /s/ Kelsey Slocum
1550150.1 Received 12/12/2023 ROC Legal
EXHIBIT 1 Received 12/12/2023 ROC Legal
From: Stephen Garrett <[email redacted]> Sent: Wednesday, October 18, 2023 5:26 PM To: Lisa Melton <[email redacted]>; Michelle Slenske <[email redacted]> Subject: Re: 2023-06137
Understood. Thank you.
Stephen Garrett
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From: Lisa Melton <[email redacted]> Sent: Wednesday, October 18, 2023 5:04:15 PM To: Michelle Slenske <[email redacted]>; Stephen Garrett <[email redacted]> Subject: Fwd: 2023-06137
Ms. Slenske:
Understood. I will schedule a compliance inspection and notify the parties of the date/time.
---------- Forwarded message --------- From: Michelle Slenske <[email redacted]> Date: Wed, Oct 18, 2023 at 5:01 PM Subject: Re: 2023-06137 To: Lisa Melton <[email redacted]> Received 12/12/2023 ROC Legal
I feel Mr Garrett was given ample opportunity by you and myself to complete tasks given. He chose to go to Mexico instead of lining up workers. I have given up two weeks of my time everyday and weekends for his workers. So request is denied. I request a new inspection or refer it to legal. Shelly Sent from my iPhone
On Oct 18, 2023, at 4:47 PM, Michelle Slenske <[email redacted]> wrote:
Lisa Mr. Garrett had ample time to get this work completed. You gave him option of starting earlier. He chose to go on holiday. Then he told subs to do bare minimal work for him to pass inspection with ROC I never told his painter cabinets were acceptable. Nor is board and batten. He had ample opportunity to get professionals here to do the work the way it should have been done. He chose not to do that. He told subs what to do on fixes. They have not been and are not acceptable. I would also like to know ROC ruling for unlicensed subs doing work without licensed contractor here
Shelly Sent from my iPhone
On Oct 18, 2023, at 4:22 PM, Lisa Melton <[email redacted]> wrote:
All:
Respondent has requested additional time (see email). Is the Complainant willing to allow additional time for these items?
---------- Forwarded message --------- From: Stephen Garrett <[email redacted]> Date: Wed, Oct 18, 2023 at 4:16 PM Subject: Fwd: 2023-06137 To: Lisa Melton <[email redacted]>
Lisa:
Please see the attached document showing what has been or will be completed by the end of day at 5pm. Received 12/12/2023 ROC Legal
Items outstanding and that will NOT be completed by 5pm today:
Compliance #13 (Interior Cabinet Doors) Compliance #25 (Exterior Paint Only)
Requesting additional time for these two items. #13 – My understanding is my cabinet refinisher was given the ok for the refinish work. After further review, there are a few doors that will need to be resprayed and my sub- contractor is more than happy to do that. Unfortunately, he has left town but is willing to come back and make sure the job is 100% complete. #25 - The painters attempted to touch up the new boards that were replaced (with the boards that had swellin) and they did not do an acceptable job. The paint company owner will bring out a different crew within their company to complete the job but not till Saturday.
I understand the client and you ultimately need to sign off but I thought this would help understand where we stand.
Thank you,
<image010.jpg> <image011.png> Stephen Garrett <image012.png> Owner <image013.png> Email: [email redacted] Phone: 480-625-8253 | Mobile: 480-364- 3301
7735 E. Evans Rd. #103 Scottsdale, AZ 85260
www.SunCountryRenovations.com <image009.png>
From: Lisa Melton <[email redacted]> Sent: Wednesday, October 18, 2023 1:08 PM To: Michelle Slenske <[email redacted]>; Stephen Garrett <[email redacted]> Subject: Re: 2023-06137
All:
Complainant notified me on the 17th that work was not complete. The file shows that Respondent had until 10/18 at 5pm to Received 12/12/2023 ROC Legal
complete the work.
Complainant should notify me of the status of the corrective work AFTER 5:00 PM today which is the due date of the Written Directive.
The Respondent has not requested additional time.
On Wed, Oct 18, 2023 at 10:40 AM Lisa Melton <[email redacted]> wrote: All:
At this time, I will schedule a compliance inspection and provide the parties with written notice (email & mail) of the date/time of the inspection.
---------- Forwarded message --------- From: Michelle Slenske <[email redacted]> Date: Tue, Oct 17, 2023 at 7:06 PM Subject: 2023-06137 To: Lisa Melton <[email redacted]>
Lisa:
I am informing you as of 5:00 pm the work is not completed. Board and Batten incomplete. Sloppy unprofessional caulking and paint done. Boards are not same as existing. Paint and caulk on fake grass due to painters not using drop cloths. Paint looks to be different sheen. All boards with damage not replaced. I was informed boards were not glued down on original job entire house.
Kitchen cabinets incomplete. Paint not complete. Unprofessional sloppy job. Cabinets still out of alignment. Cabinets not sanded primed painted and no hardener used first time or since. Unacceptable complaint stands. Flooring was done. Transition pieces all not installed as Mr Garrett did not have them here for flooring guys before they finished. He had at least five days to do so. Painting corrections interior look good. These are main items. I will only grant extension for floor transitions and closet doors to be rehung by professional. Mr Garrett delayed the start on repairs. He was told at time of initial inspection he could make arrangements to start repairs as of September 9,2023 knowing he had until October 18,2023 to complete Received 12/12/2023 ROC Legal
all infractions. He waited until October 9,2023 to bring his floor guys. He also would wait until 6:00pm at night before subs to show to say they were coming. Subs would be here from 8:00am until5-6:00 pm daily. I have complied with this as to not be out of compliance. He has shown up twice. I have been unconvinced daily so as to not be out of compliance.
Shelly Slenske Sent from my iPhone
-- Lisa Melton Investigator - Badge #206 Construction Investigations 1700 West Washington St., Ste 105 Phoenix, AZ 85007 Phone: (602)771-6736 E-mail: [email redacted] CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Fill out AZ ROC's survey to let us know how we're doing and how we can better serve you!
-- Lisa Melton Investigator - Badge #206 Construction Investigations 1700 West Washington St., Ste 105 Phoenix, AZ 85007 Phone: (602)771-6736 E-mail: [email redacted] CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Fill out AZ ROC's survey to let us know how we're doing and how we can better serve you! Received 12/12/2023 ROC Legal
-- Lisa Melton Investigator - Badge #206 Construction Investigations 1700 West Washington St., Ste 105 Phoenix, AZ 85007 Phone: (602)771-6736 E-mail: [email redacted] CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Fill out AZ ROC's survey to let us know how we're doing and how we can better serve you!
<Written Directive.pdf>
-- Lisa Melton Investigator - Badge #206 Construction Investigations 1700 West Washington St., Ste 105 Phoenix, AZ 85007 Phone: (602)771-6736 E-mail: [email redacted] CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Fill out AZ ROC's survey to let us know how we're doing and how we can better serve you!
This email has been scanned for spam and viruses by Proofpoint Essentials. Click here to report this email as spam. Received 12/12/23, 1:50 PM State of Arizona Mail - ROC Complaint No.: 2023-06137 12/12/2023 ROC Legal
Answers - AZROC <[email redacted]>
ROC Complaint No.: 2023-06137 message
Kelsey Slocum <[email redacted]> Tue, Dec 12, 2023 at 12:48 PM To: "[email redacted]" <[email redacted]> Cc: Will Breier <[email redacted]>, "[email redacted]" <[email redacted]>
Good Afternoon,
Please find enclosed Respondent Sun Country Renovations LLC’s Answer to Citation in this matter. A hard copy will also follow via U.S. Mail. Please let us know if you have any questions.
Thank you,
Kelsey Slocum, Paralegal
15205 N. Kierland Blvd, Suite 200 Scottsdale, AZ 85254
Phone: 602-606-9321
CONFIDENTIALITY NOTICE: The information contained herein may be privileged and protected by the attorney/client and/or other privilege. It is confidential in nature and intended for use by the intended addressee only. If you are not the intended recipient, you are hereby expressly prohibited from dissemination, distribution, copy or any use whatsoever of this transmission and its contents. If you receive this transmission in error, please reply or call the sender and delete this transmission from your email and/or network.
Answer to Citation (12-12-23).pdf 369K
https://mail.google.com/mail/b/AEoRXRRlD_T9RIV8ym54U_inxlGLsuJW3OoCmqX4w_5JCyCGm0NS/u/0/?ik=581c53cf5c&view=pt&search=all&per… 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