2023A-06654-CHC-ROC Notice of Hearing and Packet MAILED

2023A-06654-CHC-ROC · Registrar of Contractors · 2023-12-06

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Marci Gottfredson , Case No. 2023-06654 COMPLAINANT, Docket No. 2023A-06654-CHC-ROC v. NOTICE OF HEARING ON CONTESTED CASE T & M Creations LLC License No. ROC 211169,

RESPONDENT.

This Notice of Hearing is issued under A.R.S. § 41-1092.05(D). HEARING INFORMATION The hearing is set for: January 22, 2024 1:00 PM Adam Stone 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 9, 2023. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED The complaint and citation allege that the Respondent committed the following act(s): Charge: 1 A.R.S. § 32-1154(A)(3) - R4-9-108(a)

Charge: 2 A.R.S. § 32-1154(A)(22)

THE PARTIES TO THE ADMINISTRATIVE HEARING Because Respondent is a licensee and is charged with an act(s) or omission(s) that is

cause for the suspension or revocation of a license, Respondent is a party to this case and will

be a party to the hearing.

Because Complainant alleged Respondent committed an act(s) or omission(s) that is cause for the suspension or revocation of a license, Complainant is a party to this case and will be a party to the hearing. Respondent and Complainant, as the parties to the hearing, will present evidence and argument to the administrative law judge. The Registrar’s assigned investigator will appear as a witness at the hearing.

RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney. A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented

by an officer or employee if that person satisfies the conditions set forth in A.R.S. § 32-

1156(B).

CHANGE OF ADDRESS Each party must inform the Registrar and the Office of Administrative Hearings of

any change of address within five (5) days of the change. A.R.S. § 41-1092.04.

HEARING PROCEDURES AND RULES The administrative hearing will be conducted in accordance with A.R.S. §§ 41-1092

to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and processes governing the administrative hearing. Copies of the statutes, rules, and articles

regarding the administrative hearing process can be found at https://www.azoah.com/.

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

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

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

the Registrar’s investigators, employees, or attorneys to appear in-person must be filed with the Registrar and the Office of Administrative Hearings no later than seven (7) calendar days prior to the hearing date.

HEARING PACKET In the interests of administrative efficiency, the Registrar compiles and discloses certain documents to the parties and the Office of Administrative Hearings. These documents are attached to this Notice of Hearing as the “Hearing Packet.” If any party wishes to submit additional evidence, they must do so during the hearing after completing a disclosure statement. See “Disclosure Statement” section below.

SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS The parties to the hearing must be prepared to present evidence in support of their case. If a party wants to obtain testimony from a witness or documents not in the party’s possession, the party must prepare and file a written subpoena for the Administrative Law Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com. The party seeking a subpoena must serve notice on all the parties to the hearing, and on the Registrar. A.R.S. § 41-1092.04.

DISCLOSURE STATEMENT At least seven calendar days before the hearing, each party must prepare and serve a

disclosure statement on all other parties, and file it with the Office of Administrative Hearings.

A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the

party will use at the hearing. A party’s failure to timely disclose any witness or exhibit, without good cause, may result in the administrative law judge excluding those witnesses or exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is available on the Registrar’s website at https://roc.az.gov/content/prehearing-disclosure- statement.

CHANGING THE HEARING DATE

The date of the hearing may only be advanced or delayed on the agreement of the parties or on a showing of good cause. A.R.S. § 41-1092.05(C). The date of the hearing may be changed by filing a written agreement of the parties to change the date of the hearing. The written agreement must be filed with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmitted to the Registrar and all other parties. The assigned Administrative Law Judge may be found on the Office of Administrative Hearings’ web portal at www.azoah.com If a party would like to move the date of the hearing without agreement of all parties, the party must file a written motion with the Office of Administrative Hearings, directed to the

assigned Administrative Law Judge, and transmit a copy to the Registrar and all other parties.

The motion must state in detail good cause for why the date of the hearing should be advanced

or delayed, and the position of all other parties regarding the advancement or delay.

A party may also file a motion asserting a right to an expedited hearing upon a showing of extraordinary circumstances or the possibility of irreparable harm. A.R.S. § 41-1092.05(E).

RESOLUTION SHORT OF ADJUDICATION

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

Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of the resolution or settlement. Any such cases will be listed on the Registrar’s website and its records under the category: “Closed Complaints – Resolved/Settled/Withdrawn.” Dated December 6, 2023.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail December 6, 2023 to:

Respondent(s) T & M Creations LLC PO Box 12756 Casa Grande, AZ 85130 Complainant(s) Marci Gottfredson 4060 N Tweedy Rd Casa Grande, AZ 85194

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. 2023-06654 /

Katie Hobbs, Governor Martin Quezada, Director

Hearing Packet FAQ What is the Hearing Packet?

The Hearing Packet is a packet of certain documents collected or issued by the Registrar over the course of its investigation.

Who gets the Hearing Packet?

The Hearing Packet is assembled and distributed to all parties and to the Office of Administrative Hearings (“OAH”) prior to an administrative hearing.

What types of cases does the Registrar prepare a Hearing Packet for?

The Registrar prepares a Hearing Packet for Complainant-Handled Cases and No-Pay Cases. Note: If the Docket Number on the Notice of Hearing contains a “CHC” or “NPC”, your case is a Complainant-Handled Case or a No-Pay Case.

What is in the Hearing Packet?

The Hearing Packet contains essential case-specific documents and at a minimum will include the following documents:

● Original complaint;

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ

Katie Hobbs, Governor Martin Quezada, Director

● Citation; and ● Answer.

The Hearing Packet will also contain the following documents (if applicable):

● Jobsite inspection notices, notes, and photos; ● Written directives; and ● Compliance inspection notices, notes, and photos.

What if there are documents missing from the Hearing Packet?

If there is any evidence you submitted to the Registrar that are not included in the Hearing Packet it is your responsibility to introduce that evidence at the administrative hearing. Note: The administrative law judge assigned to your case does not have access to the entire Registrar record.

If there is additional evidence you submitted to the Registrar during the investigation that you also want to introduce as evidence during your hearing, it is your responsibility to:

● Properly disclose that evidence to the other party; and ● Introduce the evidence during your hearing.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ

Katie Hobbs, Governor Martin Quezada, Director

How do I disclose evidence I intend to use at a Hearing?

You must properly disclose any and all documents and witnesses you intend to use at your hearing according to the Registrar’s Prehearing Disclosure Rules. See Arizona Administrative Code Section R4-9-118.

A sample prehearing disclosure form and instructions are provided to the parties by the Registrar.

How do I obtain documents I previously submitted to the Registrar?

If you previously submitted documents to the Registrar and need a copy of these documents, please contact the Registrar’s Legal Department or submit a public records request at https://roc.force.com/AZRoc/s/roc-public-request.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ

Katie Hobbs, Governor Martín Quezada, Director

Complainant: Marci Gottfredson 4060 N Tweedy Rd Casa Grande, AZ 85194

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

Respondent: T & M Creations LLC DBA: PO Box 12756 Casa Grande, AZ 85130

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

June 14, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-06654

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for July 13, 2023 at 10:00 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

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

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

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

Sincerely, Albert Bernal Albert Bernal, Investigator [number redacted] [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

CC: Respondent Complainant

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

A Guide to Jobsite Inspections

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 6/16/23, 2:26 PM State of Arizona Mail - Addendum 20230614

Lazaro Bernal <[email redacted]>

Addendum 20230614 message

Marci Jolley <[email redacted]> Fri, Jun 16, 2023 at 10:50 AM To: Albert Bernal <[email redacted]>

Other concerns we would like addressed are:

Does the pitch of the roof match the house plans? The cement was poured without prep; it was poured on top of trash, sticks, etc. We are concerned that it will not last long. The exterior doors were left off for a very long time, due to that there is a lot of dirt, bugs and bird poop. We want to ensure that it will be cleaned. The window seals are all filthy.

Thanks,

Marci

https://mail.google.com/mail/u/0/?ik=20fc683d77&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]&… 1/1 6/19/23, 11:27 AM State of Arizona Mail - Re: Albert Bernal has shared "20230614 Jobsite Inspection Notice. 2023-06654 docx.pdf" + 1 files with you

Lazaro Bernal <[email redacted]>

Re: Albert Bernal has shared "20230614 Jobsite Inspection Notice. 2023-06654 docx.pdf" + 1 files with you message

Marci Jolley <[email redacted]> Sat, Jun 17, 2023 at 12:24 PM To: Lazaro Bernal <[email redacted]>

Hi,

I am writing to inform you that the builder, Mark Merrit, told us today that all work on the property will stop until this is resolved. Unsure if you are able to move the jobsite inspection up sooner than July 13th, 2023; it would be much appreciated.

Also, we have found some discrepancies with his invoice practices, is that something you would handle as well?

Thanks,

Marci

On Wed, Jun 14, 2023 at 1:07 PM Lazaro Bernal <[email redacted]> wrote: HI, Just send me a separate email Title - Addendum items to the complaint and describe the items. I will send the email to the contractor to notify them of the new items so the items can be inspected on 07/13/2023

On Wed, Jun 14, 2023 at 12:24 PM Marci Jolley <[email redacted]> wrote: Hi Albert,

Thank you for sending the inspection notice. There were a couple more things we wanted to add to the complaint, is it too late? Do I need to file an additional complaint for the issues? One of the issues is he laid the cement without prepping the ground, removing trash or rocks and didn't put down a base prior to the cement.

Please advise.

Thanks,

Marci

On Wed, Jun 14, 2023 at 10:32 AM Albert Bernal <[email redacted]> wrote:

Albert has shared the following files with you: Dear Respondent and Complainant- Please see link to formal complaint and jobsite inspection notice.

20230614 Jobsite Inspection Notice. 2023-06654 docx.pdf

Complaint Form.pdf.pdf https://mail.google.com/mail/u/0/?ik=20fc683d77&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]&… 1/2 6/19/23, 11:27 AM State of Arizona Mail - Re: Albert Bernal has shared "20230614 Jobsite Inspection Notice. 2023-06654 docx.pdf" + 1 files with you

Albert Bernal Investigator #214 AZ Registrar of Contractors 1700 W Washington St. Ste 105 Phoenix, AZ 85007 Office: (602) 771-6752 Cell Phone (480) 493-7742

Email: [email redacted] Hours: Mon.- Fri. 0800-1700

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Fill out AZ ROC’s survey to let us know how we’re doing and how we can better serve you!

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.

https://mail.google.com/mail/u/0/?ik=20fc683d77&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]&… 2/2 Katie Hobbs, Governor Martín Quezada, Director

Complainant: Marci Gottfredson 4060 N Tweedy Rd Casa Grande, AZ 85194

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 04/21 Katie Hobbs, Governor Martín Quezada, Director

Respondent: T & M Creations LLC DBA: PO Box 12756 Casa Grande, AZ 85130

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 04/21 Katie Hobbs, Governor Martín Quezada, Director

June 19, 2023

Re: Complaint No. 2023-06654

Dear Complainant and Respondent:

After the initial filing of the complaint 2023-06654, the Complainant filed the attached amended complaint containing additional complaint items.

A jobsite inspection is scheduled July 13, 2023 at 10:00 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 amended complaint items 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 the amended complaint items. 2. The Registrar may also be precluded from taking further action on the amended complaint items, if the work that is the subject of the amended 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. Additionally, please secure any animals.

RESPONDENT: 1. Enclosed is a copy of the amended complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity 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 amended 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 C007 04/21 Katie Hobbs, Governor Martín Quezada, Director

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

Sincerely,

Albert Bernal Albert Bernal, Investigator [number redacted] [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

CC: Respondent Complainant

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 04/21 Jobsite Inspection Notes

Case No.: 2023-06654 Investigator: Albert Bernal Inspection Date: July 13, 2023 Inspection Time: 10:00 AM

Complainant: Respondent: T & M Creations LLC Marci Gottfredson Mark Merrit Mark Merrit Not Present: Not Present:

Jobsite General Notes: This investigation was regarding a new built home at the Complainant’s property.

Complaint Item: 1 - Contract for 6 months, still not completed at over 18 months. The house should have been completed at latest, 05/2022. Investigator’s Observation: The ROC does not require the project to be completed by the completion date, and only requires an estimated completion date be listed in the contract. However, if a completion date is listed in the contract, this could be a breach of contract violation, which could be pursued in a civil venue. Governing Rule: N/A

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Complaint Item: 2 - The contractor stated he would build us the same house he just built and lives in for the price on the contract. The garage was supposed to be 1800 square feet and he switched it to 1100. I have his written email to the bank stating it was going to be 1800 Investigator’s Observation: This is a contractual dispute not appropriate for the registrars' complaint process. The parties should address these issues in the appropriate civil venue. Governing Rule: N/A

Complaint Item: 3 - The house was supposed to be on a raised slab of approximately 3 ft, with approximately 5 steps up the front, sides, and back. Instead, the house was built on an approximately 1-foot slab with no stairs. The pads were poured for the stairs so now we are left with useless cement pads on each side of the house. Investigator’s Observation: This is a contractual dispute not appropriate for the registrars' complaint process. The parties should address this issue in the appropriate civil venue. Governing Rule: N/A

Complaint Item: 4 - The contractor sent me to Diamond Cabinets in October 2022, I was given a design and price of $16,000 (the builder was given this). When discussing with Mark, he stated after his discount he would be within the price range. About 4-6 months later he told us the cabinets would be installed and they were coming from a different company. Although he stated he followed the design we chose the cabinets ended up erroneously being wood stained on top instead of white (white is more expensive). On 06/12/23 he submitted an invoice to me for the cabinets for a total of $32,000 from a company called Top Quality Cabinets Millwork in Phoenix. He switched companies without checking with us, got the wrong cabinets, took over 6 months longer, and doubled the price Investigator’s Observation: This statement represents a money dispute

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

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

and not an allegation that implicates poor work that I can inspect and report on Governing Rule: N/A

Complaint Item: 5 - After waiting over a year on ED 2, the power company, I called them myself to check on the status. They told me that they had been trying to get a hold of Mark Merrit for over 1 year due to a bill of over $11,000 needing to be paid. I immediately called Mark and then worked with the power company. He delayed working with the power company for over 1 year, thus delaying the building of our house by over 18 months. We are still waiting on power. Investigator’s Observation: I don't show sufficient evidence as to who is responsible for the electrical Power issue. This is also a civil issue and the parties should address this issue in the appropriate civil venue. Governing Rule: N/A

Complaint Item: 6 - The house was supposed to have a carport off the front porch (as he does), he states it was not built this way due to the county permits but states he will correct it. At this point, there is cement poured for it but no cover Investigator’s Observation: This is a contractual dispute not appropriate for the registrars' complaint process. The parties should address this issue in the appropriate civil venue. Governing Rule: N/A

Complaint Item: 7 - All of the trim in the interior was placed incorrectly and had to be replaced. Multiple things on the home had to be corrected, leaving it looking like a remodel rather than a new build Investigator’s Observation: This allegation is NOT verified. The complainant stated this item has been fixed. Corrections were accepted by the Complainant at the time of this inspection. Governing Rule: N/A

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

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

Complaint Item: 8 - The front door and porch lights were measured incorrectly so the stucco looks patched. Investigator’s Observation: I noted a stucco patch by the porch light. I observed that the stucco texture was a close match, but it was not painted to match the surrounded areas. Respondent shall correct by the appropriate means. Governing Rule: A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 9 - The garage doors opening were built incorrectly and had to be redone. Investigator’s Observation: At the time of this Jobsite inspection I was shown the corrective work that was done to the garage openings however, the garage doors were not installed in place therefore, I was unable to verify if an issue existed. Governing Rule: N/A

Complaint Item: 10 - The windows were placed at the wrong heights which he blamed on the county. Investigator’s Observation: At the time of this inspection the Complaints stated that they were satisfied with the windows installed in the kitchen. Governing Rule: N/A

Complaint Item: 11 - There was trenching done from the house to the well for over 1 year which caused and is still causing disruption to the rest of the property.; Investigator’s Observation: I was shown several areas from the house to the well pump location where trenching was done to installed the water line. Various areas along the trench settled creating a swale/ditch in the areas inspected. Respondent shall identify these areas and correct by the appropriate means. Governing Rule: A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

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

Complaint Item: 12 - It appears he did not have the funds to build this house and that is what is causing the major delays. There was a lien placed on the home from the roofing company which he now states is paid, I would like proof of a clear title. ; Investigator’s Observation: This statement represents a money issue and not an allegation that implicates poor work that I can inspect and report on. Governing Rule: N/A

Complaint Item: 13 - It is unimaginable the number of times Mark has had to be reminded of the details of the home. We have emails and texts repeatedly telling him the same things like which tile, lights, floors, showers, sinks, and linen closets. He asks us to go pick the tile, and we do. We send him the info, and 6 months later he is asking us again and again for the same info. Investigator’s Observation: This is a statement and not an allegation that implicates poor work that I can inspect and report on. Governing Rule: N/A

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

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

Complaint Item: 16 - He chose different AC units than originally stated and left the cords and pipes hanging from the roof. Investigator’s Observation: This is a contractual dispute not appropriate for the registrars' complaint process. The parties should address this issue in the appropriate civil venue. Governing Rule: N/A

Complaint Item: 17 - Stucco patch on both sides of the front door. This complaint item was added at the JSI. Both parties agreed to inspect. Investigator’s Observation: I was shown the stucco areas that were patched on the front wall (entry door) and I noted that the stucco repair was closely matched in texture and paint to the surrounding areas that were not affected. Governing Rule: N/A

Complaint Item: 18 - Drywall repaired at front entry door needs to be painted. This complaint item was added at the JSI. Both parties agreed to inspect. Investigator’s Observation: I was shown a drywall repair done around the entry door. I noted that the drywall texture applied was acceptable however, the repaired area was not painted. Paint should match surrounding areas as closely as possible. Respondent shall correct by the appropriate means. Governing Rule: A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 19 - Gap between kitchen sink and cabinet. This complaint item was added at the JSI. Both parties agreed to inspect. Investigator’s Observation: I was shown a gap between the sink and the cabinet door. A gap and/ or space is needed in between the cabinet and the sink in order for the doors to open and close as intended. the space was not considered excessive in width. However, the filler pieces installed on both side of the sink were installed uneven and /or crooked. Respondent is aware of the issue and agreed to correct it.

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

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

Respondent shall correct by the appropriate means. Governing Rule: A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 20 - No vents installed for attic ventilation Investigator’s Observation: This complaint item refers to the attic ventilation of the house. Residence attic venting should meet any code compliance venting requirements. Governing Rule: A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 21 - Wrong cabinet installed in the kitchen island Cabinet is to be a garbage trash can holder Investigator’s Observation: I was shown a section of the cabinets in the kitchen island that had shelves installed and did not served as a trash can holder cabinet. Respondent is aware of the issue and agreed to correct it. Respondent shall correct by the appropriate means Governing Rule: A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 22 - – Island cabinet drawers can’t be used. Drawers only go halfway to the edge of the island counter top when fully open. Complaint item was added at this JSI and both parties agreed to inspect. Investigator’s Observation: I noted that the drawers did not go more than halfway pass the edge of the counter top when fully open. Drawers did not function as intended. Respondent is aware of the issue and agreed to correct it. Respondent shall correct by the appropriate means Governing Rule: A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

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

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

Complaint Item: 23 - No attic ventilation in the garage. Investigator’s Observation: Garage should meet any code compliance venting requirements. Respondent shall correct by the appropriate means Governing Rule: A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 24 - Addendum item: Does the pitch of the roof match the house plans. Investigator’s Observation: This is a contractual dispute not appropriate for the registrars' complaint process. The parties should address this issue in the appropriate civil venue. Governing Rule: A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 25 - Addendum item: The cement was poured without prep; it was poured on top of trash, sticks, etc. We are concerned that it will not last Long. Investigator’s Observation: This complaint item refers to a concrete slab than poured in front of the residence. Concrete slab shown to me appeared to be acceptable. Unable to see /inspect concrete subgrade to verify, no evidence to prove or disprove complaint item constitutes poor work. Governing Rule: N/A

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

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

Complainant: Marci Gottfredson 4060 N Tweedy Rd Casa Grande, AZ 85194

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: T & M Creations LLC DBA: PO Box 12756 Casa Grande, AZ 85130

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

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

License No. ROC 211169

Re:Complaint No. 2023-06654

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on August 25th, 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:

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 Complaint Item: 11 - There was trenching done from the house to the well for over year which caused and is still causing disruption to the rest of the property.; Investigator’s Observation: I was shown several areas from the house to the well pump location where trenching was done to installed the water line. Various areas along the trench settled creating a swale/ditch in the areas inspected. Respondent shall identify these areas and correct by the appropriate means. Governing Rule: A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

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 shall correct by the appropriate means. Governing Rule: A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 19 - Gap between kitchen sink and cabinet. This complaint item was added at the JSI. Both parties agreed to inspect. Investigator’s Observation: I was shown a gap between the sink and the cabinet door. A gap and/ or space is needed in between the cabinet and the sink in order for the doors to open and close as intended. The space was not considered excessive in width. However, the filler pieces installed on both side of the sink were installed uneven and /or crooked. Respondent is aware of the issue and agreed to correct it. Respondent shall correct by the appropriate means. Governing Rule: A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complaint Item: 22 - – Island cabinet drawers can’t be used. Drawers only go halfway to the edge of the island counter top when fully open. Complaint item was added at this JSI and both parties agreed to inspect. Investigator’s Observation: I noted that the drawers did not go more than halfway pass the edge of the counter top when fully open. Drawers did not function as intended. Respondent is aware of the issue and agreed to correct it. Respondent shall correct by the appropriate means Governing Rule: A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 24 - Addendum item: Does the pitch of the roof match the house plans? Investigator’s Observation: This is a contractual dispute not appropriate for the registrars' complaint process. The parties should address this issue in the appropriate civil venue. Governing Rule: A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 agreed to do so at this JSI. Governing Rule: A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

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

Complaint Item: 2 - The contractor stated he would build us the same house he just built and lives in for the price on the contract.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 The garage was supposed to be 1800 square feet and he switched it to 1100. I have his written email to the bank stating it was going to be 1800 Investigator’s Observation: This is a contractual dispute not appropriate for the registrars' complaint process. The parties should address these issues in the appropriate civil venue. Governing Rule: N/A

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 and not an allegation that implicates poor work that I can inspect and report on Governing Rule: N/A

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 time of this inspection. Governing Rule: N/A

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 implicates poor work that I can inspect and report on. Governing Rule: N/A

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Please direct all questions regarding this Directive to the undersigned Investigator.

Sincerely,

Albert Bernal Albert Bernal, Investigator [number redacted] [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

CC: Respondent Complainant Choose an item. Choose an item.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 8/31/23, 1:49 PM State of Arizona Mail - Re: Written Directive 2023-06654

Lazaro Bernal <[email redacted]>

Re: Written Directive 2023-06654 message

Marci Jolley <[email redacted]> Wed, Aug 30, 2023 at 7:53 PM To: Lazaro Bernal <[email redacted]>

Hello Sir,

It has not been completed. I will walk thru tomorrow and update you on what still needs to be done.

He did repair the land that had been trenched, so thank you for that.

Marci

Sent from my iPhone

On Aug 28, 2023, at 11:07 AM, Lazaro Bernal <[email redacted]> wrote:

Albert Bernal Investigator #214 AZ Registrar of Contractors 1700 W Washington St. Ste 105 Phoenix, AZ 85007 Office: (602) 771-6752 Cell Phone (480) 493-7742

Email: [email redacted] Hours: Mon.- Fri. 0800-1700

The ROC is now on social media! Make sure to follow us on:

https://mail.google.com/mail/u/0/?ik=20fc683d77&view=pt&search=all&permthid=thread-a:r6050148031944254094%7Cmsg-f:[number redacted]… 1/2 8/31/23, 1:49 PM State of Arizona Mail - Re: Written Directive 2023-06654

Fill out AZ ROC’s survey to let us know how we’re doing and how we can better serve you!

https://mail.google.com/mail/u/0/?ik=20fc683d77&view=pt&search=all&permthid=thread-a:r6050148031944254094%7Cmsg-f:[number redacted]… 2/2 9/5/23, 2:31 PM State of Arizona Mail - Re: Written Directive 2023-06654

Lazaro Bernal <[email redacted]>

Re: Written Directive 2023-06654 message

Marci Jolley <[email redacted]> Tue, Sep 5, 2023 at 2:06 PM To: Lazaro Bernal <[email redacted]>

Hello,

The area near the front door, exterior, has not been repainted.

The interior wall by the front door has not been repainted.

The plaster has not been cleaned off the windows.

The screens have not been replaced on the windows.

The island drawer extensions have not been put on.

He has not submitted proof that the garage and house have appropriate attic vents, per code.

It appears that us contacting the ROC has caused him to further delay our house.

He is an extremely poor contractor that does not abide by the contract. Is there another department at the ROC that should be notified about this? Other people should be warned prior to choosing him as a contractor.

Thanks,

Marci Gottfredson

Sent from my iPhone

On Aug 31, 2023, at 8:07 AM, Lazaro Bernal <[email redacted]> wrote:

Good Morning. Thank you for the update.

On Wed, Aug 30, 2023 at 7:54 PM Marci Jolley <[email redacted]> wrote: Hello Sir,

It has not been completed. I will walk thru tomorrow and update you on what still needs to be done.

He did repair the land that had been trenched, so thank you for that.

Marci

Sent from my iPhone

On Aug 28, 2023, at 11:07 AM, Lazaro Bernal <[email redacted]> wrote:

Good morning I am reaching out to you to find out if the corrections listed on the written directive were completed. If you can respond to me at your earliest convenience it would be greatly appreciated. https://mail.google.com/mail/u/0/?ik=20fc683d77&view=pt&search=all&permthid=thread-a:r6050148031944254094%7Cmsg-f:[number redacted]… 1/3 9/5/23, 2:31 PM State of Arizona Mail - Re: Written Directive 2023-06654 Regards,

Albert Bernal Investigator #214 AZ Registrar of Contractors 1700 W Washington St. Ste 105 Phoenix, AZ 85007 Office: (602) 771-6752 Cell Phone (480) 493-7742

Email: [email redacted] Hours: Mon.- Fri. 0800-1700

The ROC is now on social media! Make sure to follow us on:

Fill out AZ ROC’s survey to let us know how we’re doing and how we can better serve you!

Albert Bernal Investigator #214 AZ Registrar of Contractors 1700 W Washington St. Ste 105 Phoenix, AZ 85007 Office: (602) 771-6752 Cell Phone (480) 493-7742

Email: [email redacted]

https://mail.google.com/mail/u/0/?ik=20fc683d77&view=pt&search=all&permthid=thread-a:r6050148031944254094%7Cmsg-f:[number redacted]… 2/3 9/5/23, 2:31 PM State of Arizona Mail - Re: Written Directive 2023-06654

Hours: Mon.- Fri. 0800-1700

The ROC is now on social media! Make sure to follow us on:

Fill out AZ ROC’s survey to let us know how we’re doing and how we can better serve you!

https://mail.google.com/mail/u/0/?ik=20fc683d77&view=pt&search=all&permthid=thread-a:r6050148031944254094%7Cmsg-f:[number redacted]… 3/3 Complainant: Marci Gottfredson 4060 N Tweedy Rd Casa Grande, AZ 85194

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: T & M Creations LLC DBA: PO Box 12756 Casa Grande, AZ 85130

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 September 6, 2023

Compliance Jobsite Inspection Notice Re: Complaint No. 2023-06654

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for September 8, 2023 at 9:30 AM to determine the current status of the items listed on the issued Directive.

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

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

Sincerely,

Albert Bernal Albert Bernal, Investigator [number redacted] [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

CC: Respondent Complainant

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 Compliance Jobsite inspections Photos 1 Case No: 2023-06654 Investigator: Albert Bernal #214 Inspection Date: 9/8/2023 Inspection Time: 9:30 AM Address: 4060 N Tweedy Rd Casa Grande AZ 85194

Front of residence Compliance Jobsite inspections Photos 2 Case No: 2023-06654 Investigator: Albert Bernal #214 Inspection Date: 9/8/2023 Inspection Time: 9:30 AM Address: 4060 N Tweedy Rd Casa Grande AZ 85194

Stucco patch / paint in from to f residence Compliance Jobsite inspections Photos 3 Case No: 2023-06654 Investigator: Albert Bernal #214 Inspection Date: 9/8/2023 Inspection Time: 9:30 AM Address: 4060 N Tweedy Rd Casa Grande AZ 85194

Grading disturbed areas due to trenching for well Compliance Jobsite inspections Photos 4 Case No: 2023-06654 Investigator: Albert Bernal #214 Inspection Date: 9/8/2023 Inspection Time: 9:30 AM Address: 4060 N Tweedy Rd Casa Grande AZ 85194

Plaster / foam residue present on window frames. Compliance Jobsite inspections Photos 5 Case No: 2023-06654 Investigator: Albert Bernal #214 Inspection Date: 9/8/2023 Inspection Time: 9:30 AM Address: 4060 N Tweedy Rd Casa Grande AZ 85194

Window screens on site. Will be installed once windows area cleaned. Compliance Jobsite inspections Photos 6 Case No: 2023-06654 Investigator: Albert Bernal #214 Inspection Date: 9/8/2023 Inspection Time: 9:30 AM Address: 4060 N Tweedy Rd Casa Grande AZ 85194

Caulk line readily visible on filler pieces on both sides of the sink Compliance Jobsite inspections Photos 7 Case No: 2023-06654 Investigator: Albert Bernal #214 Inspection Date: 9/8/2023 Inspection Time: 9:30 AM Address: 4060 N Tweedy Rd Casa Grande AZ 85194

Correct cabinet was installed in Kitchen Island Compliance Jobsite inspections Photos 8 Case No: 2023-06654 Investigator: Albert Bernal #214 Inspection Date: 9/8/2023 Inspection Time: 9:30 AM Address: 4060 N Tweedy Rd Casa Grande AZ 85194

Island cabinet drawers can only be open half way. Unable to use them. Compliance Jobsite inspections Photos 9 Case No: 2023-06654 Investigator: Albert Bernal #214 Inspection Date: 9/8/2023 Inspection Time: 9:30 AM Address: 4060 N Tweedy Rd Casa Grande AZ 85194

Ridge vents were added to residence roof. Compliance Jobsite inspections Photos 10 Case No: 2023-06654 Investigator: Albert Bernal #214 Inspection Date: 9/8/2023 Inspection Time: 9:30 AM Address: 4060 N Tweedy Rd Casa Grande AZ 85194

Ridge vents were added to garage roof. Compliance Jobsite inspections Photos 11 Case No: 2023-06654 Investigator: Albert Bernal #214 Inspection Date: 9/8/2023 Inspection Time: 9:30 AM Address: 4060 N Tweedy Rd Casa Grande AZ 85194

Exterior doors were installed Prior to JSI (Floor was not cleaned, however it appears Complainant started to move furniture inside the residence) Compliance Jobsite inspections Photos 12 Case No: 2023-06654 Investigator: Albert Bernal #214 Inspection Date: 9/8/2023 Inspection Time: 9:30 AM Address: 4060 N Tweedy Rd Casa Grande AZ 85194 Compliance Jobsite inspections Photos 13 Case No: 2023-06654 Investigator: Albert Bernal #214 Inspection Date: 9/8/2023 Inspection Time: 9:30 AM Address: 4060 N Tweedy Rd Casa Grande AZ 85194 Compliance Jobsite inspections Photos 14 Case No: 2023-06654 Investigator: Albert Bernal #214 Inspection Date: 9/8/2023 Inspection Time: 9:30 AM Address: 4060 N Tweedy Rd Casa Grande AZ 85194 Complainant: Marci Gottfredson 4060 N Tweedy Rd Casa Grande, AZ 85194

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: T & M Creations LLC DBA: PO Box 12756 Casa Grande, AZ 85130

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.: 2023-06654 Investigator: Albert Bernal Inspection Date: September 8, 2023 Inspection Time: 9:30 AM

Compliance Jobsite General Notes: Both parties were present at this compliance jobsite investigation CJSI photos taken with my Google Pixel Phone camera. CJSI audio recorded with my Olympus Digital Voice Recorder model DM-620. CJSI photos and audio have been placed into the ROC complaint file.

Compliance Findings: Complaint Item: 8 - The front door and porch lights were measured incorrectly so the stucco looks patched. Investigator’s Observation: I noted a stucco patch by the porch light. I observed that the stucco texture was a close match, but it was not painted to match the surrounded areas. Respondent shall correct by the appropriate means. Governing Rule: A.R.S. § 32-1154(A)(3) - R4-9-108(a) Poor work not performed in accordance with professional industry standards. Complete.

Complaint Item: 11 - There was trenching done from the house to the well for over 1 year which caused and is still causing disruption to the rest of the property. Investigator’s Observation: I was shown several areas from the house to the well pump location where trenching was done to install the water line. Various areas along the trench settled creating a swale/ditch in the areas inspected. Respondent shall identify these areas and correct by the appropriate means. Governing Rule: A.R.S. § 32-1154(A)(3) - R4-9-108(a) Poor work not performed in accordance with professional industry standards. Complete. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Complaint Item: 14 - There is plaster all over the windows and the porch that needs to be removed. Investigator’s Observation: I was shown several windows in various rooms that had spray foam and/or plaster residue on the frames and glass. Respondent is aware of the issue and agreed to correct it. Respondent shall correct by the appropriate means. Governing Rule: A.R.S. § 32-1154(A)(3) - R4-9-108(a) Poor work not performed in accordance with professional industry standards. Incomplete: Foam and Plaster residue still present on various windows throughout the residence.

Complaint Item: 15 - The screens on the windows are ripped Investigator’s Observation: I was shown several windows throughout the residence and I observed that the window screens were missing. Respondent is aware of the issue and agreed to correct it. Respondent shall correct by the appropriate means. Governing Rule: A.R.S. § 32-1154(A)(3) - R4-9-108(a) Poor work not performed in accordance with professional industry standards. Complete: window screen were on site and contractor agreed to install them once the windows were cleaned.

Complaint Item: 18 - Drywall repaired at front entry door needs to be painted. This complaint item was added at the JSI. Both parties agreed to inspect. Investigator’s Observation: I was shown a drywall repair done around the entry door. I noted that the drywall texture applied was acceptable however, the repaired area was not painted. Paint should match surrounding areas as closely as possible Respondent shall correct by the appropriate means. Governing Rule: A.R.S. § 32-1154(A)(3) - R4-9-108(a) Poor work not performed in accordance with professional industry standards. Complete. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Complaint Item: 19 - Gap between kitchen sink and cabinet. This complaint item was added at the JSI. Both parties agreed to inspect. Investigator’s Observation: I was shown a gap between the sink and the cabinet door. A gap and/ or space is needed in between the cabinet and the sink in order for the doors to open and close as intended. The space was not considered excessive in width. However, the filler pieces installed on both side of the sink were installed uneven and /or crooked. Respondent is aware of the issue and agreed to correct it. Respondent shall correct by the appropriate means. Governing Rule: A.R.S. § 32-1154(A)(3) - R4-9-108(a) Poor work not performed in accordance with professional industry standards. Incomplete: Caulk line and gaps on filler pieces on both sides of the sink were readily visible.

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 is aware of the issue and agreed to correct it. Respondent shall correct by the appropriate means Governing Rule: A.R.S. § 32-1154(A)(3) - R4-9-108(a) Poor work not performed in accordance with professional industry standards. Complete.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Complaint Item: 26 - Addendum item: The exterior doors were left off for a very long time, due to that there is a lot of dirt, bugs and bird poop. We want to ensure that it will be cleaned. The window seals are all filthy- Investigator’s Observation: I noted doors were installed at the time of this JSI. However, the areas in question were not cleaned. Respondent is aware of the issue and agreed to correct it. Respondent shall correct by the appropriate means Governing Rule: A.R.S. § 32-1154(A)(3) - R4-9-108(a) Poor work not performed in accordance with professional industry standards. Incomplete: The project (Residence) was not cleaned up. Windows and porch concrete slab still had plaster and foam residue.

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,

Albert Bernal Albert Bernal, Investigator [number redacted] [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

CC: Respondent Complainant

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 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)

Marci Gottfredson Mailing Address (Enter jobsite in Contract/Project section) City State Zip

4060 N Tweedy Rd Casa Grande Arizona 85194 Phone Number Email

(801) 380-9975 [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)

T & M Creations LLC ROC 211169 Street Address City State Zip

PO Box 12756 Casa Grande AZ 85130 Phone Number Email

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

Mark Merritt Contract/Project Information Contract Date Contract Amount Amount Paid

October 1, 2021 $255,000.00 $250,000.00 Date Work Started Date Work Stopped Date Work Was Completed

October 9, 2021 September 12, 2023 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

4173 N Jolley Way Casa Grande AZ 85194 Name of Construction Site Owner Construction Site Name (if applicable)

Marci Gottfredson Phone Number of Construction Site Owner Email of Construction Site Owner

This complaint is for Abandonment;Poor Work I have contacted the contractor by Phone/Text;Email Have you filed a complaint in court? No Has any work been corrected? Yes

RCC099 12/05/18 Page 1 of 2 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees 2023-10685

Mark Merritt The contract was Both All change orders were Both This project was Residential This project involved New Home

A building permit was obtained by Contractor PER21-05846-W Pinal County List and briefly describe each complaint item (Please do not write "see attached" or use additional pages unless necessary to further describe issues or list more complaint items) (limited to 100 characters per line)

The house is incorrectly hooked to the well. This is a shared well and there is a specific spot for the house to be hooked to. ;There should be NO PVC pipe on the roof for the air conditioner. The PVC pipe was torn off after 1 storm. ;Large crack in crown molding in laundry room. ;Gap between linen closet and wall. ;Missing closet doors in guest rooms (3). ;Missing mirrors in each bathroom. ;Holes in guest closets due to the contractor AND the electrician erroneously putting shut off switch in closet instead of outside of house. ;Cupboard above fridge does not open/close properly.

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

Marci Gottfredson \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 Complainant: Marci Gottfredson 4060 N Tweedy Rd Casa Grande, AZ 85194

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 04/21 Respondent: T & M Creations LLC DBA: PO Box 12756 Casa Grande, AZ 85130

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 04/21 September 21, 2023

Re: Complaint No. 2023-06654

Dear Complainant and Respondent:

After the initial filing of the complaint 2023-06654, the Complainant filed the attached amended complaint containing additional complaint items.

A jobsite inspection is scheduled October 6, 2023 at 9:30 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 04/21 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.

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,

Albert Bernal Albert Bernal, Investigator [number redacted] [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

CC: Respondent Complainant

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 04/21 Complainant: Marci Gottfredson 4060 N Tweedy Rd Casa Grande, AZ 85194

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: T & M Creations LLC DBA: PO Box 12756 Casa Grande, AZ 85130

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 27, 2023

Compliance Jobsite Inspection Notice Re: Complaint No. 2023-06654

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for October 31, 2023 at 12:30 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,

Albert Bernal Albert Bernal, Investigator [number redacted] [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

CC: Respondent Complainant

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 Compliance #2 Jobsite inspections Photos 1 Case No: 2023-06654 Investigator: Albert Bernal #214 Inspection Date: 10/31/2023 Inspection Time: 12:30 PM Address: 4060 N Tweedy Rd Casa Grande AZ, 855194

Drawers open all the way but do not work as intended. (It appears the Kitchen Island counter top cantilever was not accounted for) Compliance #2 Jobsite inspections Photos 2 Case No: 2023-06654 Investigator: Albert Bernal #214 Inspection Date: 10/31/2023 Inspection Time: 12:30 PM Address: 4060 N Tweedy Rd Casa Grande AZ, 855194

Drawers open all the way but do not work as intended. (It appears the Kitchen Island counter top cantilever was not accounted for) Compliance #2 Jobsite inspections Photos 3 Case No: 2023-06654 Investigator: Albert Bernal #214 Inspection Date: 10/31/2023 Inspection Time: 12:30 PM Address: 4060 N Tweedy Rd Casa Grande AZ, 855194

Drawers open all the way but do not work as intended. (It appears the Kitchen Island counter top cantilever was not accounted for) Compliance #2 Jobsite inspections Photos 4 Case No: 2023-06654 Investigator: Albert Bernal #214 Inspection Date: 10/31/2023 Inspection Time: 12:30 PM Address: 4060 N Tweedy Rd Casa Grande AZ, 855194

These drawers function as intended (counter top cantilever is shorter that other side). Compliance #2 Jobsite inspections Photos 5 Case No: 2023-06654 Investigator: Albert Bernal #214 Inspection Date: 10/31/2023 Inspection Time: 12:30 PM Address: 4060 N Tweedy Rd Casa Grande AZ, 855194

Window frames were not clean. Compliance #2 Jobsite inspections Photos 6 Case No: 2023-06654 Investigator: Albert Bernal #214 Inspection Date: 10/31/2023 Inspection Time: 12:30 PM Address: 4060 N Tweedy Rd Casa Grande AZ, 855194

Window frames were not clean. Compliance #2 Jobsite inspections Photos 7 Case No: 2023-06654 Investigator: Albert Bernal #214 Inspection Date: 10/31/2023 Inspection Time: 12:30 PM Address: 4060 N Tweedy Rd Casa Grande AZ, 855194

Window frames were not clean. Compliance #2 Jobsite inspections Photos 8 Case No: 2023-06654 Investigator: Albert Bernal #214 Inspection Date: 10/31/2023 Inspection Time: 12:30 PM Address: 4060 N Tweedy Rd Casa Grande AZ, 855194

Drywall mud / plaster was not removed from the concrete porch slab. Compliance #2 Jobsite inspections Photos 9 Case No: 2023-06654 Investigator: Albert Bernal #214 Inspection Date: 10/31/2023 Inspection Time: 12:30 PM Address: 4060 N Tweedy Rd Casa Grande AZ, 855194

Drywall mud / plaster was not removed from the concrete porch slab. Complainant: Marci Gottfredson 4060 N Tweedy Rd Casa Grande, AZ 85194

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: T & M Creations LLC DBA: PO Box 12756 Casa Grande, AZ 85130

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.: 2023-06654 Investigator: Albert Bernal Inspection Date: October 31, 2023 Inspection Time: 12:30 PM

Compliance Jobsite General Notes #2: A second compliance inspections was scheduled and performed due to the Respondent corrected various items listed on the compliance inspection performed on 9/8/2023 @ 9:30AM. The completed items from the previous CJSI were verified by the Complainant. This Compliance inspection addresses the remaining incomplete items. Both parties were present at this CJSI. Project did not have city / county code enforcement final inspection at the time of this investigation. CJSI

Compliance Findings:

Complaint Item: 14 - There is plaster all over the windows and the porch that needs to be removed. Investigator’s Observation: I was shown several windows in various rooms that had spray foam and/or plaster residue on the frames and glass. Respondent is aware of the issue and agreed to correct it. Respondent shall correct by the appropriate means. Governing Rule: A.R.S. § 32-1154(A)(3) - R4-9-108(a) Poor work not performed in accordance with professional industry standards. Incomplete: Foam and Plaster residue still present on various windows and porch concrete slab. Throughout the residence.

Complaint Item: 19 - Gap between kitchen sink and cabinet. This complaint item was added at the JSI. Both parties agreed to inspect. Investigator’s Observation: I was shown a gap between the sink and the cabinet door. A gap and/ or space is needed in between the cabinet and the sink in order for the doors to open and close as intended. The space was not considered excessive in width. However, the filler pieces installed on both side of the sink were installed uneven and /or crooked. Respondent is aware of the issue and agreed to correct it. Respondent shall correct by the appropriate means.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Governing Rule: A.R.S. § 32-1154(A)(3) - R4-9-108(a) Poor work not performed in accordance with professional industry standards. Complete.

Complaint Item: 26 - Addendum item: The exterior doors were left off for a very long time, due to that there is a lot of dirt, bugs and bird poop. We want to ensure that it will be cleaned. The window seals are all filthy- Investigator’s Observation: I noted doors were installed at the time of this JSI. However, the areas in question were not cleaned. Respondent is aware of the issue and agreed to correct it. Respondent shall correct by the appropriate means Governing Rule: A.R.S. § 32-1154(A)(3) - R4-9-108(a) Poor work not performed in accordance with professional industry standards. Incomplete: The project (Residence) was not cleaned up. Windows and porch concrete slab still had plaster and foam residue. This item was addressed in complaint # 14

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Note:

Albert Bernal Albert Bernal, Investigator [number redacted] [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

CC: Respondent Complainant

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

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

Marci Gottfredson, Case No. 2023-06654 COMPLAINANT, v.

T & M Creations LLC, CITATION License No. ROC 211169,

RESPONDENT.

The Registrar issues this Citation to T & M Creations LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by November 24, 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 June 12, 2023, Marci Gottfredson (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating: Charge :1 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

of 5 1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Charge :2 A.R.S. § 32-1154(A)(22) Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a reasonable period of time after receiving a written directive from the Registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held. If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F). FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2023-06654. 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, AZ 85007-2812 Mail: P.O. Box 18244, Phoenix, AZ 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

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 Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than November 24, 2023. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after 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-

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 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated November 9, 2023 By: /s/ Katelyn Rolling Katelyn Rolling Legal Assistant II Legal Department Arizona Registrar of Contractors

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 COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, November 9, 2023 to:

Respondent Certified Mail No: [number redacted]

T & M Creations LLC PO Box 12756 Casa Grande, AZ 85130 Copy mailed by USPS First Class Mail this same date to: Respondent T & M Creations LLC PO Box 12756 Casa Grande, AZ 85130 Complainant Marci Gottfredson 4060 N Tweedy Rd Casa Grande, AZ 85194

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. 2023-06654

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)

Marci Gottfredson Mailing Address (Enter jobsite in Contract/Project section) City State Zip

4060 N Tweedy Rd Casa Grande Arizona 85194 Phone Number Email

(801) 380-9975 [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)

T & M Creations LLC ROC 211169 Street Address City State Zip

PO Box 12756 Casa Grande AZ 85130 Phone Number Email

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

Mark Merrit Contract/Project Information Contract Date Contract Amount Amount Paid

October 19, 2021 $281,000.00 $222,000.00 Date Work Started Date Work Stopped Date Work Was Completed

December 1, 2021 June 13, 2023 June 13, 2023 Close of Escrow (New Home) Move-In Date (New-Home)

October 22, 2021 Jobsite Street Address City State Zip

4173 N Jolley Way Casa Grande AZ 85194 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 Poor Work;Other I have contacted the contractor by Phone/Text;Email Have you filed a complaint in court? No Has any work been corrected? Yes

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

T & M Creations The contract was Both All change orders were Both This project was Residential This project involved New Home

A building permit was obtained by Contractor 00000 Pinal County 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)

Contract for 6 months, still not completed at over 18 months. The house should have been completed at latest, 05/2022. ; The contractor stated he would build us the same house he just built and lives in for the price on the contract. The garage was supposed to be 1800 square feet and he switched it to 1100. I have his written email to the bank stating it was going to be 1800. ; The house was supposed to be on a raised slab of approximately 3 ft, with approximately 5 steps up the front, sides, and back. Instead, the house was built on an approximately 1-foot slab with no stairs. The pads were poured for the stairs so now we are left with useless cement pads on each side of the house. ; The contractor sent me to Diamond Cabinets in October 2022, I was given a design and price of $16,000 (the builder was given this). When discussing with Mark, he stated after his discount he would be within the price range. About 4-6 months later he told us the cabinets would be installed and they were coming from a different company. Although he stated he followed the design we chose the cabinets ended up erroneously being wood stained on top instead of white (white is more expensive). On 06/12/23 he submitted an invoice to me for the cabinets for a total of $32,000 from a company called Top Quality Cabinets Millwork in Phoenix. He switched companies without checking with us, got the wrong cabinets, took over 6 months longer, and doubled the price.; After waiting over a year on ED 2, the power company, I called them myself to check on the status. They told me that they had been trying to get a hold of Mark Merrit for over 1 year due to a bill of over $11,000 needing to be paid. I immediately called Mark and then worked with the power company. He delayed working with the power company for over 1 year, thus delaying the building of our house by over 18 months. We are still waiting on power.; The house was supposed to have a carport off the front porch (as he does), he states it was not built this way due to the county permits but states he will correct it. At this point, there is cement poured for it but no cover. ; All of the trim in the interior was placed incorrectly and had to be replaced. Multiple things on the home had to be corrected, leaving it looking like a remodel rather than a new build. The front door and porch lights were measured incorrectly so the stucco looks patched. The garage doors opening were built incorrectly and had to be redone. The windows were placed at the wrong heights which he blamed on the county. ; There was trenching done from the house to the well for over 1 year which caused and is still causing disruption to the rest of the property.; It appears he did not have the funds to build this house and that is what is causing the major delays. There was a lien placed on the home from the roofing company which he now states is paid, I would like proof of a clear title. ; It is unimaginable the number of times Mark has had to be reminded of the details of the home. We have emails and texts repeatedly telling him the same things like which tile, lights, floors, showers, sinks, and linen closets. He asks us to go pick the tile, and we do. We send him the info, and 6 months later he is asking us again and again for the same info. ; There is plaster all over the windows and the porch that needs to be removed. The screens on the windows are ripped. ; He chose different AC units than originally stated and left the cords and pipes hanging from the roof.

Marci Gottfredson \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 6/16/23, 2:26 PM State of Arizona Mail - Addendum 20230614

Lazaro Bernal <[email redacted]>

Addendum 20230614 message

Marci Jolley <[email redacted]> Fri, Jun 16, 2023 at 10:50 AM To: Albert Bernal <[email redacted]>

Other concerns we would like addressed are:

Thanks,

Marci

https://mail.google.com/mail/u/0/?ik=20fc683d77&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]&… 1/1 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)

Marci Gottfredson Mailing Address (Enter jobsite in Contract/Project section) City State Zip

4060 N Tweedy Rd Casa Grande Arizona 85194 Phone Number Email

(801) 380-9975 [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)

T & M Creations LLC ROC 211169 Street Address City State Zip

PO Box 12756 Casa Grande AZ 85130 Phone Number Email

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

Mark Merritt Contract/Project Information Contract Date Contract Amount Amount Paid

October 1, 2021 $255,000.00 $250,000.00 Date Work Started Date Work Stopped Date Work Was Completed

October 9, 2021 September 12, 2023 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

4173 N Jolley Way Casa Grande AZ 85194 Name of Construction Site Owner Construction Site Name (if applicable)

Marci Gottfredson Phone Number of Construction Site Owner Email of Construction Site Owner

This complaint is for Abandonment;Poor Work I have contacted the contractor by Phone/Text;Email Have you filed a complaint in court? No Has any work been corrected? Yes

RCC099 12/05/18 Page 1 of 2 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees 2023-10685

Mark Merritt The contract was Both All change orders were Both This project was Residential This project involved New Home

Marci Gottfredson \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 1) Macri Gottfredson Case 3 2023-06654

2l Complaint,

4l s) Mark Merritt Responds to Citation

6) License # ROC 211169

7l Respondent,

10) . Response to compla int Filed,

11) . The pvc pipe on the roof for the condensation, so it won't stain the roof.

Lzl . The Closet doors were insta lled on L7lL7 12023 see attached pictures.

13) . The mirrors were installed on L7/L7 12023 see attached pictures.

Ll. The water well was installed as per requirements of the county inspector and passed off.

ls) . see attached report.

16) . The cabinet above refrigerator opens all the way see attached picture.

17]' . It is standard practice to install a switch for the light next to the door as you enter

18) . This is a walk-in closet, why would you want the light switch on the outside of the house

le) . The crown molding and the space between the wall and frame should be caulked by the

20) . Painter which Macri Gottfredson and Sam Jolley painted their own house.

2t) . All other items from the original list were complete d on LtllT /2023 see attached

22]' . pictures

23) . This is an attempt to harass T and M Creations to get out of paying what they owe to.

24]. . T and m Creations haven't been paid on this project since 02/16/2023 and Marci

2sl . Gottfredson owes T and M Creations LLC 5102,629.31 and has owes that since

26]' . O3/24/2o23.Ihis starts all started when T and M creations sent them a demand letter as 27]. . asking to be paid up, their response was filling a complaint against T and M Creations

28) . in attempting not to have to pay T and M Creations LLC.

2s) . T and M Creations and family had to file a stop order of harassment on

30) . Marci Gottfredson and Sam Jolley from harassing Mark Merritt and is family.

31) . T and M Creations LLC has complied with the request of the ROC and the ROC

32) . inspector without being paid for work, which Arizona State Statue for non- payment 33) . of work AZ 32-1185

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v - 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