2023A-06746-CHC-ROC Notice of Hearing and Packet MAILED

2023A-06746-CHC-ROC · Registrar of Contractors · 2023-09-25

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Dustin Wyman , Case No. 2023-06746 COMPLAINANT, Docket No. 2023A-06746-CHC-ROC v. NOTICE OF HEARING ON Bjelde Construction LLC CONTESTED CASE License No. ROC 260364,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

November 16, 2023 9:00 AM Velva Moses-Thompson Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

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

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

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

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

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

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

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

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

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

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

complaint and citation, which were served on the Respondent on September 1, 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)(1) Charge: 2 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Charge: 3 A.R.S. § 32-1154(A)(22)

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

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

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

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

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

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

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

prior to the hearing date.

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

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

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

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

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

CHANGING THE HEARING DATE

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

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

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

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

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

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

web portal at www.azoah.com

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

RESOLUTION SHORT OF ADJUDICATION

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

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

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

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

Complaints – Resolved/Settled/Withdrawn.”

Dated September 26, 2023.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail September 26, 2023 to: Respondent(s) Bjelde Construction LLC 415 S 48th Street Suite# 111 Tempe, AZ 85281 Complainant(s) Dustin Wyman 4939 E Meadow Creek Way San Tan Valley, AZ 85140

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. 2023-06746 /

Douglas A. Ducey, Governor Jeffrey L. Fleetham, 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

Douglas A. Ducey, Governor Jeffrey L. Fleetham, 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

Douglas A. Ducey, Governor Jeffrey L. Fleetham, Director

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

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

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

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

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

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

Complainant: Dustin Wyman 4939 E Meadow Creek Way San Tan Valley, AZ 85140

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Respondent: Bjelde Construction LLC 415 S 48th Street Suite# 111 Tempe, AZ 85281

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 June 22, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-06746

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

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

RESPONDENT: 1. Enclosed is a copy of the complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity to inspect the work complained of within fifteen days of the date of receipt of this notice. 2. To assist the assigned investigator in evaluating the merits of the complaint, please submit a response to the enclosed complaint to the assigned investigator prior to the scheduled inspection. 3. If you do not attend the jobsite inspection, your absence may negatively impact the investigation, and your interests. 4. If a building permit(s) was required for this project, please have the building permit information available at the jobsite inspection. If either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 If the parties resolve the complaint prior to the inspection, please notify the assigned investigator in writing and by phone as soon as possible.

Sincerely, John Smith, Investigator #194 (520) 483-0027 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 A Guide to Jobsite Inspections

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

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

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

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

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

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

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

Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 A Guide to Written Directives Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.

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

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

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

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

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

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

Work performed after the directive ends: After the Directive period ends, a property owner may choose to allow the contractor to continue its work. The Registrar encourages parties to work cooperatively, but cannot 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 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 Complainant: Dustin Wyman 4939 E Meadow Creek Way San Tan Valley, AZ 85140

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 July 3, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-06746

Dear Complainant and Respondent:

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

Sincerely, John Smith, Investigator #194 (520) 483-0027 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 A Guide to Jobsite Inspections

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Arizona Registrar of Contractors Jobsite Inspection Notes Case No.: 2023-006746 Investigator: John Smith #194 Inspection Date: 7/13/2023 Inspection Time: 9:00AM Address: 4939 E. Meadow Creek Way, San Tan Valley, AZ 85140

Complainant: Dustin Wyman Respondent: Bjelde Construction LLC

Present for the complainant: Dustin & Kellie Wyman Present for the respondent: Nils Bjelde, Tony Nieves (Spelling not confirmed) Overview of project: Addition / remodel General Notes: At the beginning of the inspection, the complainant was not willing to allow the respondent to be present. It was explained to the complainant that he needs to allow at least one respondent representative to be present for the inspection. The complainant agreed, but requested it be Tony Nieves, not Nils Bjelde. Mr. Bjelde chose to accommodate the complainant’s request and not participate in the inspection. Tony Nieves did participate in the inspection as a representative of the respondent.

Photos taken with agency issued Canon PowerShot ELPH180 and/or agency issued Google cell phone. Audio recorded with agency issued Olympus recorder and/or agency issued Google cell phone.

Complaint Item 1: “The paint was not finished within 3 weeks of the original contract, "Wrong paint was used" I have pictures of labels of the paint and the request for paint by the owner (Me). The house was painted with Flat shein, and the requested Shein was Semigloss. I have asked this to be correct, but no action has taken place.;” Investigator’s Observations: Verified. The house is painted with flat paint. The respondent acknowledged the agreement was for semi-gloss paint. Reference Pictures: 1-3 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 2: “The pavers are not finished or started. I paid $9,427 for a cut saw in concrete with a tube to allow backyard flooding to run to the street. The Cut Saw portion has been completed, but the pavers have not been started. The owner will no longer speak with me. The project has been abandoned.;” Investigator’s Observations: Verified. Change order dated 5/23/2023 includes: “Belguard Pavers standard native at prescribed area in rear yard @ $4,115.00.” The respondent acknowledged the pavers have not been started and still need to be completed. Reference Pictures: 4-6 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Arizona Registrar of Contractors Jobsite Inspection Notes Investigator’s Observations: Verified. Change order dated 5/23/2023 includes: “Rear (south) fascia gutter installed with 2 down spouts @ $1,212.00.” The respondent acknowledged this work has not been started and still needs to be completed. Reference Pictures: 7-8 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 4: “The Craftsmanship of the 2 Windows are terrible. The widows are not fully sealed and move up and down. The handles are loose and about to break or come off. The 2 windows not only move up and loosely but also make a very loud squeaking sound when opening them. I tried to address this with Nils, and he said there was no problem. I drove down to his office in Tempe, took time off work, and showed him the video of the windows and door. He said it was not like that when installed. I stated that we don't open the windows because we do not have a screen on the outside yet. Therefore, we don't use them. I had AZ Valley Windows come out and do an inspection, and they stated there are some issues with these windows. I notified Nils, and he again stated nothing was wrong; therefore, I started the process of replacing the windows. They have not been replaced yet, I want an ROC inspector to see them before they are removed by AZ Valley Windows.;” Investigator’s Observations: This allegation is NOT verified as a violation of A.R.S. § 32-1154(A). There is verified workmanship issues specific to the windows; however, the complainant is not willing to allow the respondent to perform the required corrective work. The complainant has hired a separate contractor to replace these windows. Reference Pictures: 9-11 Governing Rule: N/A

Complaint Item 5: “The Craftsmanship of the 8' sliding glass door is terrible. The door is not fully sealed and moves up and down. The handle is loose, and the door lock fell off; therefore, we cannot lock the sliding glass door. When Tony from Bjelde Construction can out, I showed him the lock fell off, and he stated that he could put it back on but took the lock with him and never installed it. I have video and pictures of the missing lock, and we currently have to use a step stool lying sideways behind the door to prevent it from being opened on the outside. In addition, the door is extremely hard to open, Nils had a crew come out and try to fix it, but after they left, it was in the same condition. My wife has difficulty opening the door because it is so tight. Moreover, I was told by Nils this was a slightly used door that was in a track home, and when the owner moved in, he didn't like it. Nils stated it was practically brand new, not used. Once the door was installed, I could see heavy wear marks on the tracks and the rubber is separating from the glass so there is a lot of dirt in the window. When I asked Nils about that, he said it was sitting outside for 3+ months. I, unfortunately, purchased the door blindly on Nils word. Nils said he would replace the door with a new one; that was several months ago, approximately February. The new door was never ordered by Nils, so I had AZ Valley Windows come out and take a look; they stated that it is not adjustable because it is missing wheels, which is why it is so hard to open. Nils told me that this is the new style of "Vinyl." After speaking with AZ Valley Windows, they stated all doors, even Vinyl, should have wheels; there is nothing that can be done with the door. I notified Nils, and he again stated nothing was wrong; therefore, I started the process of replacing the 8' Sliding glass door. They have not been replaced yet, I want an ROC inspector to see them before it is removed by AZ Valley Windows.;” Investigator’s Observations: This allegation is NOT verified as a violation of A.R.S. § 32-1154(A).

RCC100 11/14

Arizona Registrar of Contractors Jobsite Inspection Notes There is verified workmanship issues specific to the patio door; however, the complainant is not willing to allow the respondent to perform the required corrective work. The complainant has hired a separate contractor to replace the patio door. Reference Pictures: 12-16 Governing Rule: N/A

Complaint Item 6: “My yard is full of weeds, and the grass is dead (Due to a severed irrigation system and rocks). This is due to the debris left in the yard for so long, and I was unable to water manually because of all the trash in the yard, Reference ROC 260364 complaint. When digging the footing for the concrete, they did not remove the dirt, rocks, and excess concrete. To this day, the yard is unable to grow grass due to the rocks in the yard. I asked my gardener if there was a way around this, he stated that he would not put his lawn mower in the yard because the rocks would ruin his equipment. The primary complaint here is the concrete people severed my irrigation system, so automatic sprinklers no longer function. I would like this repaired. Even if the sprinkler system is repaired, I still cannot grow grass again due to the aforementioned ROC complaint. I have managed to keep all my trees alive by watering them with a hose, I also purchase a hose sprinkler attachment to compensate, but there is no way to maintain the grass with debris in the yard. I have before and after pictures of the project.;” Investigator’s Observations: Verified. The respondent acknowledged the irrigation line was cut during construction. There is visible construction debris in the back yard. Reference Pictures: 17-19 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 7: “The hot tub has not been moved into its correct location and wired back up. The hot tub has been sitting in the middle of my yard unable for 2 years because this project has dragged out so long; it was supposed to be 10-12 weeks. This was started in the summer of 2021, and it is now the summer of 2023. The hot tub cannot be moved until the house is repainted; reference the complaint above "paint not finished".;” Investigator’s Observations: Verified. The hot tub is not yet moved or installed. The respondent acknowledged this still needs to be completed. Reference Pictures: 20-21 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 8: “The air vent is missing downstairs when the painter started painting the ceiling. The air vent needs to be restored or replaced, it is missing.;” Investigator’s Observations: Verified. One air diffuser is missing from the main floor ceiling. The respondent acknowledged this was removed and not replaced. Reference Pictures: 22 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Arizona Registrar of Contractors Jobsite Inspection Notes Construction. I provided my own CAT6a ethernet cable and gave it to Tony. He started to wire from the wall in the expansion room be did not finish running the wire upstairs. The total length was 150', and about 100' coiled up in the downstairs kitchen still needs to go upstairs. The drywall has already been covered where the ethernet is sitting. To fix this issue, a new hole must be cut to access the excess ethernet cable and fished upstairs through the attic and into the network room.;” Investigator’s Observations: Verified. The respondent confirmed: • The Ethernet cable was to be run from the main floor addition to an upstairs front bedroom. • That currently the Ethernet cable runs from the main floor addition to inside the kitchen ceiling, on the main floor. • This work still needs to be completed. Reference Pictures: 23 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 10: “Stucco cracks have not been repaired. Part of the paint change order includes stucco repair and paint. The stuck was never repaired, there was an attempt to repair it, but they put some glue in the crack and did not repair the stucco. There are still several cracks in the stucco around the house.;” Investigator’s Observations: Verified. There are some visible stucco patches, and chipped flaking stucco near the roof of the addition. The respondent confirmed this wall all be corrected as part of the prep work for the repainting of the house. Reference Pictures: 24-27 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 11: “The side gate entry in and out of the backyard has been damaged. Due to contractors going in and out of the gate, it now drags on the concrete when opening and closing the gate; it did not ever have this issue until the project was started. The gate needs to be fixed.;” Investigator’s Observations: This allegation is NOT verified. The complainant stated this has been fixed. Governing Rule: N/A

Complaint Item 12: “Unable to agree on the change order cost for over and under ( Charges and Credits). For example, for the 8' sliding glass door, I have a charge of $1700, but the door is being returned to Bjelde due to poor quality. This is one of many examples. I drove an hour to Nil's office and sat with him and Robyn for two hours going over the number; we still, to this day, disagree. We agreed to cancel the Master bathroom remodel and call that a wash for the final 3rd installment payment. This is because the bathroom was already paid in full, but the work will not be done.” Investigator’s Observations: This statement by the complainant does not implicate a specific workmanship issue, or a specific violation of A.R.S. § 32-1154(A). Governing Rule: N/A

Arizona Registrar of Contractors Jobsite Inspection Notes The respondent acknowledged they stopped working on the project, stating a reason of lack of payment. Based on documentation provided to date, the respondent is not due any additional payments until the project is complete. Reference Pictures: all Governing Rule: A.R.S. § 32-1154(A)(1): Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 14: “The hall bath has been entirely demolished and abandoned. However, this is covered in the first Reference ROC 260364 complaint of finishing the bathrooms. The hall bath needs to be finished; Masterbath is agreed as a no-go.” Investigator’s Observations: Work specific to the upstairs bathrooms is part of Complaint 2022-10260; therefore, will not be addressed as part of this complaint.

RCC100 11/14

Jobsite Inspection Photos 1 Case No.: 2023-006746 Investigator: John Smith #194 Inspection Date: 7/13/2023 Inspection Time: 9:00AM Address: 4939 E. Meadow Creek Way, San Tan Valley, AZ 85140

The house is painted with flat paint. The respondent acknowledged the agreement was for semi-gloss paint.

Jobsite Inspection Photos 2 Case No.: 2023-006746 Investigator: John Smith #194 Inspection Date: 7/13/2023 Inspection Time: 9:00AM Address: 4939 E. Meadow Creek Way, San Tan Valley, AZ 85140

The house is painted with flat paint. The respondent acknowledged the agreement was for semi-gloss paint.

Jobsite Inspection Photos 3 Case No.: 2023-006746 Investigator: John Smith #194 Inspection Date: 7/13/2023 Inspection Time: 9:00AM Address: 4939 E. Meadow Creek Way, San Tan Valley, AZ 85140

The house is painted with flat paint. The respondent acknowledged the agreement was for semi-gloss paint.

Jobsite Inspection Photos 4 Case No.: 2023-006746 Investigator: John Smith #194 Inspection Date: 7/13/2023 Inspection Time: 9:00AM Address: 4939 E. Meadow Creek Way, San Tan Valley, AZ 85140

Change order dated 5/23/2023 includes: “Belguard Pavers standard native at prescribed area in rear yard @ $4,115.00.” The respondent acknowledged the pavers have not been started and still need to be completed.

Jobsite Inspection Photos 5 Case No.: 2023-006746 Investigator: John Smith #194 Inspection Date: 7/13/2023 Inspection Time: 9:00AM Address: 4939 E. Meadow Creek Way, San Tan Valley, AZ 85140

Jobsite Inspection Photos 6 Case No.: 2023-006746 Investigator: John Smith #194 Inspection Date: 7/13/2023 Inspection Time: 9:00AM Address: 4939 E. Meadow Creek Way, San Tan Valley, AZ 85140

Jobsite Inspection Photos 7 Case No.: 2023-006746 Investigator: John Smith #194 Inspection Date: 7/13/2023 Inspection Time: 9:00AM Address: 4939 E. Meadow Creek Way, San Tan Valley, AZ 85140

Change order dated 5/23/2023 includes: “Rear (south) fascia gutter installed with 2 down spouts @ $1,212.00.” The respondent acknowledged this work has not been started and still needs to be completed.

Jobsite Inspection Photos 8 Case No.: 2023-006746 Investigator: John Smith #194 Inspection Date: 7/13/2023 Inspection Time: 9:00AM Address: 4939 E. Meadow Creek Way, San Tan Valley, AZ 85140

Jobsite Inspection Photos 9 Case No.: 2023-006746 Investigator: John Smith #194 Inspection Date: 7/13/2023 Inspection Time: 9:00AM Address: 4939 E. Meadow Creek Way, San Tan Valley, AZ 85140

There is verified workmanship issues specific to the windows; however, the complainant is not willing to allow the respondent to perform the required corrective work. The complainant has hired a separate contractor to replace these windows.

Jobsite Inspection Photos 10 Case No.: 2023-006746 Investigator: John Smith #194 Inspection Date: 7/13/2023 Inspection Time: 9:00AM Address: 4939 E. Meadow Creek Way, San Tan Valley, AZ 85140

Jobsite Inspection Photos 11 Case No.: 2023-006746 Investigator: John Smith #194 Inspection Date: 7/13/2023 Inspection Time: 9:00AM Address: 4939 E. Meadow Creek Way, San Tan Valley, AZ 85140

Jobsite Inspection Photos 12 Case No.: 2023-006746 Investigator: John Smith #194 Inspection Date: 7/13/2023 Inspection Time: 9:00AM Address: 4939 E. Meadow Creek Way, San Tan Valley, AZ 85140

There is verified workmanship issues specific to the patio door; however, the complainant is not willing to allow the respondent to perform the required corrective work. The complainant has hired a separate contractor to replace the patio door.

Jobsite Inspection Photos 13 Case No.: 2023-006746 Investigator: John Smith #194 Inspection Date: 7/13/2023 Inspection Time: 9:00AM Address: 4939 E. Meadow Creek Way, San Tan Valley, AZ 85140

Jobsite Inspection Photos 14 Case No.: 2023-006746 Investigator: John Smith #194 Inspection Date: 7/13/2023 Inspection Time: 9:00AM Address: 4939 E. Meadow Creek Way, San Tan Valley, AZ 85140

Jobsite Inspection Photos 15 Case No.: 2023-006746 Investigator: John Smith #194 Inspection Date: 7/13/2023 Inspection Time: 9:00AM Address: 4939 E. Meadow Creek Way, San Tan Valley, AZ 85140

Jobsite Inspection Photos 16 Case No.: 2023-006746 Investigator: John Smith #194 Inspection Date: 7/13/2023 Inspection Time: 9:00AM Address: 4939 E. Meadow Creek Way, San Tan Valley, AZ 85140

Jobsite Inspection Photos 17 Case No.: 2023-006746 Investigator: John Smith #194 Inspection Date: 7/13/2023 Inspection Time: 9:00AM Address: 4939 E. Meadow Creek Way, San Tan Valley, AZ 85140

The respondent acknowledged the irrigation line was cut during construction. There is visible construction debris in the back yard.

Jobsite Inspection Photos 18 Case No.: 2023-006746 Investigator: John Smith #194 Inspection Date: 7/13/2023 Inspection Time: 9:00AM Address: 4939 E. Meadow Creek Way, San Tan Valley, AZ 85140

The respondent acknowledged the irrigation line was cut during construction. There is visible construction debris in the back yard.

Jobsite Inspection Photos 19 Case No.: 2023-006746 Investigator: John Smith #194 Inspection Date: 7/13/2023 Inspection Time: 9:00AM Address: 4939 E. Meadow Creek Way, San Tan Valley, AZ 85140

The respondent acknowledged the irrigation line was cut during construction. There is visible construction debris in the back yard.

Jobsite Inspection Photos 20 Case No.: 2023-006746 Investigator: John Smith #194 Inspection Date: 7/13/2023 Inspection Time: 9:00AM Address: 4939 E. Meadow Creek Way, San Tan Valley, AZ 85140

The hot tub is not yet moved or installed. The respondent acknowledged this still needs to be completed.

Jobsite Inspection Photos 21 Case No.: 2023-006746 Investigator: John Smith #194 Inspection Date: 7/13/2023 Inspection Time: 9:00AM Address: 4939 E. Meadow Creek Way, San Tan Valley, AZ 85140

The hot tub is not yet moved or installed. The respondent acknowledged this still needs to be completed.

Jobsite Inspection Photos 22 Case No.: 2023-006746 Investigator: John Smith #194 Inspection Date: 7/13/2023 Inspection Time: 9:00AM Address: 4939 E. Meadow Creek Way, San Tan Valley, AZ 85140

One air diffuser is missing from the main floor ceiling. The respondent acknowledged this was removed and not replaced.

Jobsite Inspection Photos 23 Case No.: 2023-006746 Investigator: John Smith #194 Inspection Date: 7/13/2023 Inspection Time: 9:00AM Address: 4939 E. Meadow Creek Way, San Tan Valley, AZ 85140

The respondent confirmed: • The Ethernet cable was to be run from the main floor addition to an upstairs front bedroom. • Currently the Ethernet cable runs from the main floor addition to inside the kitchen ceiling, on the main floor. • This work still needs to be completed.

Jobsite Inspection Photos 24 Case No.: 2023-006746 Investigator: John Smith #194 Inspection Date: 7/13/2023 Inspection Time: 9:00AM Address: 4939 E. Meadow Creek Way, San Tan Valley, AZ 85140

There are some visible stucco patches, and chipped flaking stucco near the roof of the addition. The respondent confirmed this wall all be corrected as part of the prep work for the repainting of the house.

Jobsite Inspection Photos 25 Case No.: 2023-006746 Investigator: John Smith #194 Inspection Date: 7/13/2023 Inspection Time: 9:00AM Address: 4939 E. Meadow Creek Way, San Tan Valley, AZ 85140

Jobsite Inspection Photos 26 Case No.: 2023-006746 Investigator: John Smith #194 Inspection Date: 7/13/2023 Inspection Time: 9:00AM Address: 4939 E. Meadow Creek Way, San Tan Valley, AZ 85140

Jobsite Inspection Photos 27 Case No.: 2023-006746 Investigator: John Smith #194 Inspection Date: 7/13/2023 Inspection Time: 9:00AM Address: 4939 E. Meadow Creek Way, San Tan Valley, AZ 85140

Complainant: Dustin Wyman 4939 E Meadow Creek Way San Tan Valley, AZ 85140

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: Bjelde Construction LLC 415 S 48th Street Suite# 111 Tempe, AZ 85281

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 19, 2023

License No. ROC 260364

Re: Complaint No. 2023-06746

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 16, 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 reasons1, 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:

Complaint Item 1: “The paint was not finished within 3 weeks of the original contract, "Wrong paint was used" I have pictures of labels of the paint and the request for paint by the owner (Me). The house was painted with Flat shein, and the requested Shein was Semigloss. I have asked this to be correct, but no action has taken place.;” Investigator’s Observations: Verified. The house is painted with flat paint. The respondent acknowledged the agreement was for semi-gloss paint. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

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 2: “The pavers are not finished or started. I paid $9,427 for a cut saw in concrete with a tube to allow backyard flooding to run to the street. The Cut Saw portion has been completed, but the pavers have not been started. The owner will no longer speak with me. The project has been abandoned.;” Investigator’s Observations: Verified. Change order dated 5/23/2023 includes: “Belguard Pavers standard native at prescribed area in rear yard @ $4,115.00.” The respondent acknowledged the pavers have not been started and still need to be completed. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 3: “The rear fascia gutter was never installed. This was part of the $9,427 written change order. The owner will no longer speak with me. The project has been abandoned.;” Investigator’s Observations: Verified. Change order dated 5/23/2023 includes: “Rear (south) fascia gutter installed with 2 down spouts @ $1,212.00.” The respondent acknowledged this work has not been started and still needs to be completed. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 6: “My yard is full of weeds, and the grass is dead (Due to a severed irrigation system and rocks). This is due to the debris left in the yard for so long, and I was unable to water manually because of all the trash in the yard, Reference ROC 260364 complaint. When digging the footing for the concrete, they did not remove the dirt, rocks, and excess concrete. To this day, the yard is unable to grow grass due to the rocks in the yard. I asked my gardener if there was a way around this, he stated that he would not put his lawn mower in the yard because the rocks would ruin his equipment. The primary complaint here is the concrete people severed my irrigation system, so automatic sprinklers no longer function. I would like this repaired. Even if the sprinkler system is repaired, I still cannot grow grass again due to the aforementioned ROC complaint. I have managed to keep all my trees alive by watering them with a hose, I also purchase a hose sprinkler attachment to compensate, but there is no way to maintain the grass with debris in the yard. I have before and after pictures of the project.;” Investigator’s Observations: Verified. The respondent acknowledged the irrigation line was cut during construction. There is visible construction debris in the back yard. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

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 hot tub is not yet moved or installed. The respondent acknowledged this still needs to be completed. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 8: “The air vent is missing downstairs when the painter started painting the ceiling. The air vent needs to be restored or replaced, it is missing.;” Investigator’s Observations: Verified. One air diffuser is missing from the main floor ceiling. The respondent acknowledged this was removed and not replaced. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 9: “The original contract called for ethernet cable to be run from the downstairs to the upstairs room where the cable modem and firewall router are. Tony started this process from Bjelde Construction. I provided my own CAT6a ethernet cable and gave it to Tony. He started to wire from the wall in the expansion room be did not finish running the wire upstairs. The total length was 150', and about 100' coiled up in the downstairs kitchen still needs to go upstairs. The drywall has already been covered where the ethernet is sitting. To fix this issue, a new hole must be cut to access the excess ethernet cable and fished upstairs through the attic and into the network room.;” Investigator’s Observations: Verified. The respondent confirmed: • The Ethernet cable was to be run from the main floor addition to an upstairs front bedroom. • That currently the Ethernet cable runs from the main floor addition to inside the kitchen ceiling, on the main floor. • This work still needs to be completed. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 10: “Stucco cracks have not been repaired. Part of the paint change order includes stucco repair and paint. The stuck was never repaired, there was an attempt to repair it, but they put some glue in the crack and did not repair the stucco. There are still several cracks in the stucco around the house.;” Investigator’s Observations: Verified. There are some visible stucco patches, and chipped flaking stucco near the roof of the addition. The respondent confirmed this wall all be corrected as part of the prep work for the repainting of the house. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

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 respondent acknowledged they stopped working on the project, stating a reason of lack of payment. Based on documentation provided to date, the respondent is not due any additional payments until the project is complete. Reference Pictures: all Governing Rule: A.R.S. § 32-1154(A)(1): Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

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

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 to open, Nils had a crew come out and try to fix it, but after they left, it was in the same condition. My wife has difficulty opening the door because it is so tight. Moreover, I was told by Nils this was a slightly used door that was in a track home, and when the owner moved in, he didn't like it. Nils stated it was practically brand new, not used. Once the door was installed, I could see heavy wear marks on the tracks and the rubber is separating from the glass so there is a lot of dirt in the window. When I asked Nils about that, he said it was sitting outside for 3+ months. I, unfortunately, purchased the door blindly on Nils word. Nils said he would replace the door with a new one; that was several months ago, approximately February. The new door was never ordered by Nils, so I had AZ Valley Windows come out and take a look; they stated that it is not adjustable because it is missing wheels, which is why it is so hard to open. Nils told me that this is the new style of "Vinyl." After speaking with AZ Valley Windows, they stated all doors, even Vinyl, should have wheels; there is nothing that can be done with the door. I notified Nils, and he again stated nothing was wrong; therefore, I started the process of replacing the 8' Sliding glass door. They have not been replaced yet, I want an ROC inspector to see them before it is removed by AZ Valley Windows.;” Investigator’s Observations: This allegation is NOT verified as a violation of A.R.S. § 32-1154(A). There is verified workmanship issues specific to the patio door; however, the complainant is not willing to allow the respondent to perform the required corrective work. The complainant has hired a separate contractor to replace the patio door. Governing Rule: N/A

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

Sincerely,

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 John Smith, Investigator #194 (520) 483-0027 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complainant: Dustin Wyman 4939 E Meadow Creek Way San Tan Valley, AZ 85140

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: Bjelde Construction LLC 415 S 48th Street Suite# 111 Tempe, AZ 85281

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 August 17, 2023

Compliance Jobsite Inspection Notice Re: Complaint No. 2023-06746

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for August 28, 2023 at 11:00 AM to determine the current status of the items listed on the issued Directive.

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

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

Sincerely,

John Smith, Investigator #194 (520) 483-0027 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 Received by Investigations 8/17/23, 3:43 PM State of Arizona Mail - 2023-06746 08/17/2023 From the Complainant

John Smith <[email redacted]>

2023-06746 Dustin Wyman <[email redacted]> Thu, Aug 17, 2023 at 3:32 PM To: John Smith <[email redacted]>, Dustin Wyman <[email redacted]>, Nils Bjelde <[email redacted]>

Thank you John,

Almost all of these statement are inaccurate. I do not know how to move forward.

We have never denied work to be done, this ROC complaint has been filed because the job has been abandoned.

We still want the paver, gutters, debris, and all the other complaints fixed. This is why we paid Bjelde in the first place.

Nils and I agreed that the 2nd upstairs bathroom will not be completed based on the work done so far. Our Hall bathroom is still demolished. We cannot have both bathrooms destroyed at the same time. The final draw on the project was going to be a wash for the price we paid for the upstairs bathroom (Canceling each other out). Since we paid for the bathroom, that came out to the same price as the final draw after credits.

@ Nils,

As stated, we never denied you working on the house. If that were true, why would we have let you on the property recently to paint the house? I will be more than happy to work with you to finish this work. The problem is, nobody including you will respond to my requests. So... if you don't want to go back to court, I would LOVE to settle this and have you finish what I paid for. I do not enjoy filling out this paperwork, spending time with inspections, Zoom calls, taking time off work etc.

I will state this in writing again, YES, we want you to finish the work. The is no refusal for your company to come finish the job on complaint 2023-06746. [Quoted text hidden]

https://mail.google.com/mail/u/0/?ik=78b31fbe7e&view=pt&search=all&permmsgid=msg-f:[number redacted]&simpl=msg-f:[number redacted] 1/1 Received by Investigations 8/17/23, 2:49 PM State of Arizona Mail - Response to Claim No. 2023-06746 08/17/2023 From the Respondent

John Smith <[email redacted]>

Response to Claim No. 2023-06746 messages

Nils Bjelde <[email redacted]> Wed, Aug 16, 2023 at 3:58 PM To: "[email redacted]" <[email redacted]> Cc: Robyn Haskey <[email redacted]>, Melissa <[email redacted]>, Kimberly <[email redacted]>

Good afternoon John, Please find the response for the written directive. Please call me if you have any further questions or concerns.

Thank you for your time.

Sincerely, Nils Bjelde (602)757-4994

From: John Smith <[email redacted]> Sent: Wednesday, July 19, 2023 3:02 PM To: Dustin Wyman <[email redacted]>; Dustin Wyman <[email redacted]>; Nils Bjelde <[email redacted]> Subject: 2023-06746 Dear complainant and respondent, attached is a copy of the Written Directive. Printed copies have been mailed as well.

Thank you,

Investigator John Smith Badge #194 Arizona Registrar of Contractors 1700 W. Washington St., Suite 105 Phoenix, AZ 85007 Phone: 520-483-0027

https://mail.google.com/mail/u/0/?ik=78b31fbe7e&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 1/3 Received by Investigations 8/17/23, 2:49 PM State of Arizona Mail - Response to Claim No. 2023-06746 08/17/2023 The ROC is now on social media! From the Respondent 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!

attachments 20230719 Directive 2023-06746.pdf 217K Response to Claim No. 2023-06746.pdf 95K

John Smith <[email redacted]> Thu, Aug 17, 2023 at 2:43 PM To: Dustin Wyman <[email redacted]>, Dustin Wyman <[email redacted]>

Mr. Wyman, I am forwarding you information received from the respondent. Thank you,

Investigator John Smith Badge #194 Arizona Registrar of Contractors 1700 W. Washington St., Suite 105 Phoenix, AZ 85007 Phone: 520-483-0027

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

https://mail.google.com/mail/u/0/?ik=78b31fbe7e&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 2/3 Received by Investigations 8/17/23, 2:49 PM State of Arizona Mail - Response to Claim No. 2023-06746 08/17/2023 From the Respondent

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

[Quoted text hidden]

attachments 20230719 Directive 2023-06746.pdf 217K Response to Claim No. 2023-06746.pdf 95K

https://mail.google.com/mail/u/0/?ik=78b31fbe7e&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 3/3 Received by Investigations 08/17/2023 From the Respondent

To: Arizona Registrar of Contractors Attn: John Smith, Investigator #194 1700 W Washington St, Ste 105 Phoenix, AZ 85007

From: Bjelde Construction, LLC ROC #260364 415 S 48th St, Ste 111 Tempe, AZ 85281 Office: (480)288-7512 8/16/2023

Re: Written Directive for Dustin Wyman Project 4939 E Meadow Creek Way San Tan Valley, AZ 85140 License No. ROC 260364/Complaint No. 2023-06746

Dear Mr. Smith and Whom, It May Concern:

The following is the response of Bjelde Construction LLC to your letter of July 19, 2023, and the item numbers given below correspond to the numbers set forth in your letter.

Complaint Item 1: Work completed and accepted by Complainant.

Complaint Item 2: Complainant disputes the change order specifying the pavers and the Complainant will not permit the pavers ordered at Complainant’s request to be installed.

Complaint Item 3: Complainant disputes the change order specifying the size of the gutter and refuses to permit the gutter to be installed.

Complaint Item 6: Complainant refuses to allow Respondent to remove the debris, and Complainant refuses to have any work done on the irrigation system because Complainant intends to install new landscaping with a new irrigation system.

Complaint Item 7: Complainant refused to allow the hot tub to be removed when the electrical work was being performed.

Complaint Item 8: Respondent installed the air vent, but the Complainant uninstalled the air vent and will not permit Respondent to put back. Received by Investigations 08/17/2023 From the Respondent

Complaint Item 9: Complainant had the cable and placed it in the ceiling for future use. Complainant has now changed his mind and does not want the bathroom work to be done when the other work upstairs is completed.

Complaint Item 10: The stucco cracks have been repaired.

Complaint Item 13: This item is for the installation of the hall bathroom, and the contract calls for a draw of $18,000. Complainant refuses to make the payment. Respondent cannot purchase the materials and proceed with the work without the contractually required payment.

Complaint Item 14: No work required per the directive, and the issue of the hall bathroom is addressed in Item 13 above.

This completes the response to the directive of July 19, 2023.

If you have any further questions or concerns, please call the office at (480)288-7512 or send us an email.

Sincerely, The Bjelde Construction Team (480)288-7512 Complainant: Dustin Wyman 4939 E Meadow Creek Way San Tan Valley, AZ 85140

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: Bjelde Construction LLC 415 S 48th Street Suite# 111 Tempe, AZ 85281

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.: 2023-06746 Investigator: John Smith Inspection Date: August 28, 2023 Inspection Time: 11:00 AM

Complainant: Dustin Wyman

Respondent: Bjelde Construction LLC

Compliance Jobsite Inspection

Present for the Complainant: Dustin Wyman, Kellie Wyman Present for the Respondent: The respondent was not present Present for the Registrar of Contractors: John Smith, Wes Ellington Number of days allowed for corrective work per the Directive: 28 Number of days from issuance of the Directive to this inspection: 40

Compliance Findings: The respondent has not taken appropriate corrective action to comply with the Directive. Governing Rule: A.R.S. § 32-1154(A)(22): Failure to take appropriate corrective action to comply with this chapter or with the rules adopted pursuant to this chapter…

Compliance Jobsite Inspection General Notes: • This Compliance Inspection was to evaluate the current conditions of item(s) requiring corrective action as stated on the Directive. Those item(s) are listed below. • The complainant stated the stucco repair and exterior paint have been completed and are acceptable. (Specifically, complaint items 1, and 10) • No other corrective work has been performed. All other work remains in the same condition as during the previous ROC inspection.

Complaint Item 1: “The paint was not finished within 3 weeks of the original contract, "Wrong paint was used" I have pictures of labels of the paint and the request for paint by the owner (Me). The house was painted with Flat shein, and the requested Shein was Semigloss. I have asked this to be correct, but no action has taken place.;” Investigator’s Observations from the initial inspection: Verified. The house is painted with flat paint. The respondent acknowledged the agreement was for semi-gloss paint. Compliance Inspection Findings for this item: This has been resolved. The complainant stated this has been completed and is acceptable.

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 2: “The pavers are not finished or started. I paid $9,427 for a cut saw in concrete with a tube to allow backyard flooding to run to the street. The Cut Saw portion has been completed, but the pavers have not been started. The owner will no longer speak with me. The project has been abandoned.;” Investigator’s Observations from the initial inspection: Verified. Change order dated 5/23/2023 includes: “Belguard Pavers standard native at prescribed area in rear yard @ $4,115.00.” The respondent acknowledged the pavers have not been started and still need to be completed. Compliance Inspection Findings for this item: This has NOT been corrected. No corrective work has been done.

Complaint Item 3: “The rear fascia gutter was never installed. This was part of the $9,427 written change order. The owner will no longer speak with me. The project has been abandoned.;” Investigator’s Observations from the initial inspection: Verified. Change order dated 5/23/2023 includes: “Rear (south) fascia gutter installed with 2 down spouts @ $1,212.00.” The respondent acknowledged this work has not been started and still needs to be completed. Compliance Inspection Findings for this item: This has NOT been corrected. No corrective work has been done.

Complaint Item 6: “My yard is full of weeds, and the grass is dead (Due to a severed irrigation system and rocks). This is due to the debris left in the yard for so long, and I was unable to water manually because of all the trash in the yard, Reference ROC 260364 complaint. When digging the footing for the concrete, they did not remove the dirt, rocks, and excess concrete. To this day, the yard is unable to grow grass due to the rocks in the yard. I asked my gardener if there was a way around this, he stated that he would not put his lawn mower in the yard because the rocks would ruin his equipment. The primary complaint here is the concrete people severed my irrigation system, so automatic sprinklers no longer function. I would like this repaired. Even if the sprinkler system is repaired, I still cannot grow grass again due to the aforementioned ROC complaint. I have managed to keep all my trees alive by watering them with a hose, I also purchase a hose sprinkler attachment to compensate, but there is no way to maintain the grass with debris in the yard. I have before and after pictures of the project.;” Investigator’s Observations from the initial inspection: Verified. The respondent acknowledged the irrigation line was cut during construction. There is visible construction debris in the back yard. Compliance Inspection Findings for this item: This has NOT been corrected. No corrective work has been done.

Complaint Item 7: “The hot tub has not been moved into its correct location and wired back up. The hot tub has been sitting in the middle of my yard unable for 2 years because this project has dragged out so long; it was supposed to be 10-12 weeks. This was started in the summer of 2021, and it is now the summer of 2023. The hot tub cannot be moved until the house is repainted; reference the complaint above "paint not finished".;” Investigator’s Observations from the initial inspection: Verified. The hot tub is not yet moved or installed. The respondent acknowledged this still needs to be completed. Compliance Inspection Findings for this item: This has NOT been corrected. No corrective work has been done.

Complaint Item 8: “The air vent is missing downstairs when the painter started painting the ceiling. The air vent needs to be restored or replaced, it is missing.;” 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Investigator’s Observations from the initial inspection: Verified. One air diffuser is missing from the main floor ceiling. The respondent acknowledged this was removed and not replaced. Compliance Inspection Findings for this item: This has NOT been corrected. No corrective work has been done.

Complaint Item 9: “The original contract called for ethernet cable to be run from the downstairs to the upstairs room where the cable modem and firewall router are. Tony started this process from Bjelde Construction. I provided my own CAT6a ethernet cable and gave it to Tony. He started to wire from the wall in the expansion room be did not finish running the wire upstairs. The total length was 150', and about 100' coiled up in the downstairs kitchen still needs to go upstairs. The drywall has already been covered where the ethernet is sitting. To fix this issue, a new hole must be cut to access the excess ethernet cable and fished upstairs through the attic and into the network room.;” Investigator’s Observations from the initial inspection: Verified. The respondent confirmed: • The Ethernet cable was to be run from the main floor addition to an upstairs front bedroom. • That currently the Ethernet cable runs from the main floor addition to inside the kitchen ceiling, on the main floor. • This work still needs to be completed. Compliance Inspection Findings for this item: This has NOT been corrected. No corrective work has been done.

Complaint Item 10: “Stucco cracks have not been repaired. Part of the paint change order includes stucco repair and paint. The stuck was never repaired, there was an attempt to repair it, but they put some glue in the crack and did not repair the stucco. There are still several cracks in the stucco around the house.;” Investigator’s Observations from the initial inspection: Verified. There are some visible stucco patches, and chipped flaking stucco near the roof of the addition. The respondent confirmed this wall all be corrected as part of the prep work for the repainting of the house. Compliance Inspection Findings for this item: This has been resolved. The complainant stated this has been completed and is acceptable.

Complaint Item 13: “Nils has abandoned the project altogether. He has pulled Tony off the project. As of 6/13/2023, Tony came to collect his tools and excess wood and stated that he was no longer allowed to work on this project, and that it was nice knowing you.” Investigator’s Observations from the initial inspection: Verified. The respondent acknowledged they stopped working on the project, stating a reason of lack of payment. Based on documentation provided to date, the respondent is not due any additional payments until the project is complete. Compliance Inspection Findings for this item: This has NOT been corrected. The project remains incomplete.

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:

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,

John Smith, Investigator #194 (520) 483-0027 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Compliance Inspection Photos 1 Case No.: 2023-06746 Investigator: John Smith #194 Inspection Date: 8/28/2023 Inspection Time: 11:00AM Address: 4939 E. Meadow Creek Way, San Tan Valley, AZ 85140

Compliance Inspection Photos 2 Case No.: 2023-06746 Investigator: John Smith #194 Inspection Date: 8/28/2023 Inspection Time: 11:00AM Address: 4939 E. Meadow Creek Way, San Tan Valley, AZ 85140

Compliance Inspection Photos 3 Case No.: 2023-06746 Investigator: John Smith #194 Inspection Date: 8/28/2023 Inspection Time: 11:00AM Address: 4939 E. Meadow Creek Way, San Tan Valley, AZ 85140

Compliance Inspection Photos 4 Case No.: 2023-06746 Investigator: John Smith #194 Inspection Date: 8/28/2023 Inspection Time: 11:00AM Address: 4939 E. Meadow Creek Way, San Tan Valley, AZ 85140

Compliance Inspection Photos 5 Case No.: 2023-06746 Investigator: John Smith #194 Inspection Date: 8/28/2023 Inspection Time: 11:00AM Address: 4939 E. Meadow Creek Way, San Tan Valley, AZ 85140

Compliance Inspection Photos 6 Case No.: 2023-06746 Investigator: John Smith #194 Inspection Date: 8/28/2023 Inspection Time: 11:00AM Address: 4939 E. Meadow Creek Way, San Tan Valley, AZ 85140

Compliance Inspection Photos 7 Case No.: 2023-06746 Investigator: John Smith #194 Inspection Date: 8/28/2023 Inspection Time: 11:00AM Address: 4939 E. Meadow Creek Way, San Tan Valley, AZ 85140

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Dustin Wyman, Case No. 2023-06746 COMPLAINANT, v. Bjelde Construction LLC CITATION License No. ROC 260364,

RESPONDENT.

The Registrar issues this Citation to Bjelde Construction LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by September 16, 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 14, 2023, Dustin Wyman (“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)(1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal. of 6

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Charge :2 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. Charge :3 A.R.S. § 32-1154(A)(22) Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a reasonable period of time after receiving a written directive from the Registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held.

If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F). FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2023-06746. How to File a Written Answer: Respondent’s written answer may be submitted in the of 6

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted] The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than September 16, 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 of 6

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any of 6

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 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 September 1, 2023. By: /s/ Tedi Quezada Tedi Quezada Legal Assistant Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, September 1, 2023 to:

Respondent Certified Mail No: [number redacted]

Bjelde Construction LLC 415 S 48th Street Suite# 111 Tempe, AZ 85281 Copy mailed by USPS First Class mail this same date to:

Respondent Bjelde Construction LLC 415 S 48th Street Ste. 111 Tempe, AZ 85281

Bjelde Construction LLC 5930 S Sossaman Rd. Ste. 104 Mesa, AZ 85212 Complainant Dustin Wyman 4939 E Meadow Creek Way San Tan Valley, AZ 85140

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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 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. 2023-06746

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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

Has any work been corrected? No

The contract was Written All change orders were Written This project was Residential This project involved Remodel

A building permit was obtained by N/A List and briefly descr be 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 paint was not finished within 3 weeks of the original contract, "Wrong paint was used" I have pictures of labels of the paint and the request for paint by the owner (Me). The house was painted with Flat shein, and the requested Shein was Semigloss. I have asked this to be correct, but no action has taken place.; The pavers are not finished or started. I paid $9,427 for a cut saw in concrete with a tube to allow backyard flooding to run to the street. The Cut Saw portion has been completed, but the pavers have not been started. The owner will no longer speak with me. The project has been abandoned.; The rear fascia gutter was never installed. This was part of the $9,427 written change order. The owner will no longer speak with me. The project has been abandoned.; The Craftsmanship of the 2 Windows are terrible. The widows are not fully sealed and move up and down. The handles are loose and about to break or come off. The 2 windows not only move up and loosely but also make a very loud squeaking sound when opening them. I tried to address this with Nils, and he said there was no problem. I drove down to his office in Tempe, took time off work, and showed him the video of the windows and door. He said it was not like that when installed. I stated that we don't open the windows because we do not have a screen on the outside yet. Therefore, we don't use them. I had AZ Valley Windows come out and do an inspection, and they stated there are some issues with these windows. I notified Nils, and he again stated nothing was wrong; therefore, I started the process of replacing the windows. They have not been replaced yet, I want an ROC inspector to see them before they are removed by AZ Valley Windows.; The Craftsmanship of the 8' sliding glass door is terrible. The door is not fully sealed and moves up and down. The handle is loose, and the door lock fell off; therefore, we cannot lock the sliding glass door. When Tony from Bjelde Construction can out, I showed him the lock fell off, and he stated that he could put it back on but took the lock with him and never installed it. I have video and pictures of the missing lock, and we currently have to use a step stool lying sideways behind the door to prevent it from being opened on the outside. In addition, the door is extremely hard to open, Nils had a crew come out and try to fix it, but after they left, it was in the same condition. My wife has difficulty opening the door because it is so tight. Moreover, I was told by Nils this was a slightly used door that was in a track home, and when the owner moved in, he didn't like it. Nils stated it was practically brand new, not used. Once the door was installed, I could see heavy wear marks on the tracks and the rubber is separating from the glass so there is a lot of dirt in the window. When I asked Nils about that, he said it was sitting outside for 3+ months. I, unfortunately, purchased the door blindly on Nils word. Nils said he would replace the door with a new one; that was several months ago, approximately February. The new door was never ordered by Nils, so I had AZ Valley Windows come out and take a look; they stated that it is not adjustable because it is missing wheels, which is why it is so hard to open. Nils told me that this is the new style of "Vinyl." After speaking with AZ Valley Windows, they stated all doors, even Vinyl, should have wheels; there is nothing that can be done with the door. I notified Nils, and he again stated nothing was wrong; therefore, I started the process of replacing the 8' Sliding glass door. They have not been replaced yet, I want an ROC inspector to see them before it is removed by AZ Valley Windows.; My yard is full of weeds, and the grass is dead (Due to a severed irrigation system and rocks). This is due to the debris left in the yard for so long, and I was unable to water manually because of all the trash in the yard, Reference ROC 260364 complaint. When digging the footing for the concrete, they did not remove the dirt, rocks, and excess concrete. To this day, the yard is unable to grow grass due to the rocks in the yard. I asked my gardener if there was a way around this, he stated that he would not put his lawn mower in the yard because the rocks would ruin his equipment. The primary complaint here is the concrete people severed my irrigation system, so automatic sprinklers no longer function. I would like this repaired. Even if the sprinkler system is repaired, I still cannot grow grass again due to the aforementioned ROC complaint. I have managed to keep all my trees alive by watering them with a hose, I also purchase a hose sprinkler attachment to compensate, but there is no way to maintain the grass with debris in the yard. I have before and after pictures of the project.; The hot tub has not been moved into its correct location and wired back up. The hot tub has been sitting in the middle of my yard unable for 2 years because this project has dragged out so long; it was supposed to be 10-12 weeks. This was started in the summer of 2021, and it is now the summer of 2023. The hot tub cannot be moved until the house is repainted; reference the complaint above "paint not finished".; The air vent is missing downstairs when the painter started painting the ceiling. The air vent needs to be restored or replaced, it is missing.; The original contract called for ethernet cable to be run from the downstairs to the upstairs room where the cable modem and

RCC099 12/05/18 Page 2 of 3 Change Order Print https://buildertrend net/app/owner/ChangeOrder/Print?ids=5866125

ADDITIONAL TERMS AND PROVISIONS OF CONTRACT 1. Contractor shall not be liable for delays caused by strikes, weather condi�ons, or delay in obtaining materials or causes beyond its control.

2. If there is more than one Buyer, they shall be jointly and severely liable hereon. This Contract shall bind Contractor and Buyer, their respec�ve heirs, personal representa�ve, successors and assigns.

3. This wri�en Contract is the only and en�re Contract covering the subject ma�er hereof. No person is authorized to vary or alter the terms and condi�ons of this contract. Buyer shall be solely responsible for providing veriﬁca�on of cash payments upon the request of Contractor.

4. A�er the expira�on of the �me of the BUYER’S RIGHT TO CANCEL, stated elsewhere in this Contract, if the Contract is cancelled by the Buyer, Buyer shall pay to Contractor, as liquidated damages and not as penalty, twenty-ﬁve (25%) of the Contract price at the sole op�on of the Contractor. Contractor may elect instead to pursue legal ac�on to collect the en�re amount of the purchase price stated in the contract.

5. Contractor shall have the right to transfer this contract to anyone of the Contractor’s choice. If the Contractor should do so, Buyer’s obliga�ons to such Transferee or Holder will con�nue in full force.

6. If any provisions of this Contract are held invalid or unenforceable for any reason, no other provision shall be aﬀected, and this Contract shall be construed as if such invalid or unenforceable provision had never been contained herein.

7. Work to be performed by a Licensed Contractor.

8. Es�mated �me of comple�on a�er start date is: 3 weeks__ a. Covid Clause – During the Pandemic and the a�ermath of the Pandemic our es�mated �me of comple�on may be adjusted by a change order, due to the labor shortage.

9. Payments can be accepted by Visa, Mastercard or Discover with an added convenience fee of 2.8%. Payments by American Express can be accepted with an added convenience fee of 2.8% plus the addi�onal American Express fee. No excep�ons.

10. Job prices are con�ngent upon con�nuous work, barring any act of God or delay by vendors subcontracted by this general contractor. Any customer requested delay will incur addi�onal charges in the amount of $250/day un�l work is resumed. Failure to pay draws as contracted, may be deemed a customer delay resul�ng in addi�onal charges.

11. Allowances may or may not be a part of this contract. Allowances func�on such that the stated dollar amount is the amount factored into the contract. If the Buyer does not u�lize the full amount of the allowance, the diﬀerence will be refunded to the Buyer along with applicable taxes and markup. If the Buyer u�lizes more than the allowance amount, the overage will be billed to the Buyer along with applicable taxes and markup.

of 4 6/13/2023, 1:27 PM Change Order Print https://buildertrend net/app/owner/ChangeOrder/Print?ids=5866125

with the procedures of the contract documents. A change in price of an item of material, equipment, or energy will be considered signiﬁcant when the price of an item increases 20% between the date of this contract and the date of installa�on. The amount of the increase shall be capped at ﬁve percent (5%) of the original budgeted price for the item.

The Property Owner has the right to ﬁle a wri�en complaint with the registar for alleged viola�on of sec�on 32-1152, subsec�on A; phone number 602-542-1525; website of h�ps://roc.az.gov/

NOTICE OF LIMITED WARRANTY Contractor warrants that the materials used are of a quality speciﬁed and Buyer(s) acknowledges that all of the manufacturer’s wri�en warran�es guaranteed have been orally disclosed to the prior to entering into this contract and which Buyer(s) further acknowledge Contractor’s representa�ve has displayed to them or oﬀered to display to them prior to execu�on of this contract. Contractor further warrants labor for two years a�er date of substan�al comple�on. Buyer’s exclusive remedy shall be the repair of any defects in labor and as a condi�on precedent Buyer(s) must no�fy Contractor in wri�ng at Contractor’s address of any claimed defect. Contractor makes no express warran�es not set forth in wri�ng herein and does not make any warran�es as to the materials by the manufacturer. NOTICE

Any holder of this consumer contract is subject to all claims and defenses which could assert against the Contractor of goods or services obtained with the proceeds hereof. Recovery hereunder by the debtor shall not exceed amounts paid by the Debtor hereunder.

NOTICE OF CANCELLATION Date of transac�on ____________________

You may cancel this transac�on, without any penalty or obliga�on, within 3 business days from the above date.

If you cancel, any property traded in, any payments made by you under the contract of sale, and any nego�able instrument executed buy you will be returned within 10 business days following receipt by the Contractor of your cancela�on no�ce, and any security interest arising out of the transac�on will be cancelled. If you cancel, you must make available to Contractor at your residence, in substan�ally as good condi�on as when you received, any goods delivered to under this contract or sale or you may, if you wish, comply with the instruc�ons of the Contractor regarding the return shipment of goods at the Contractor’s expense and risk.

If you do not make the goods available to the Contractor and the Contractor does not pick them up within 20 days of the date of your no�ce of cancella�on, you may retain or dispose of the goods without any further obliga�on. If you fail to make goods available to the Contractor, or if you agree to return the goods to the Contractor and fail to do so, then you remain liable for performances of all obliga�ons under contract.

To cancel this transac�on, mail or deliver a signed and dated copy of this cancella�on no�ce or any other wri�en no�ce to BJELDE CONSTRUCTION, LLC, P.O. Box 50962, Mesa, AZ 85208, no later than midnight (Date) ____________________

of 4 6/13/2023, 1:27 PM Change Order Print https://buildertrend net/app/owner/ChangeOrder/Print?ids=5880101

7. Work to be performed by a Licensed Contractor.

8. Es�mated �me of comple�on a�er start date is: Within 1 week_ a. Covid Clause – During the Pandemic and the a�ermath of the Pandemic our es�mated �me of comple�on may be adjusted by a change order, due to the labor shortage.

12. Escala�on Clause in the even of signiﬁcant delay or price increase of material, equipment, energy, or labor force occurring during the performance of the contract through no fault of the contractor, the contract sum, �me of comple�on, or contract requirements shall be equitably adjusted by change order in accordance with the procedures of the contract documents. A change in price of an item of material, equipment, or energy will be considered signiﬁcant when the price of an item increases 20% between the date of this contract and the date of installa�on. The amount of the increase shall be capped at ﬁve percent (5%) of the original budgeted price for the item.

of 4 6/13/2023, 1:28 PM Change Order Print https://buildertrend net/app/owner/ChangeOrder/Print?ids=5862522

materials or causes beyond its control.

7. Work to be performed by a Licensed Contractor.

8. Es�mated �me of comple�on a�er start date is: _5 days__ a. Covid Clause – During the Pandemic and the a�ermath of the Pandemic our es�mated �me of comple�on may be adjusted by a change order, due to the labor shortage.

of 4 6/13/2023, 1:26 PM Change Order Print https://buildertrend net/app/owner/ChangeOrder/Print?ids=5862522

contract and the date of installa�on. The amount of the increase shall be capped at ﬁve percent (5%) of the original budgeted price for the item.

The Property Owner has the right to ﬁle a wri�en complaint with the registar for alleged viola�on of sec�on 32-1152, subsec�on A; phone number 602-542-1525; website of h�ps://roc.az.gov/

NOTICE OF CANCELLATION Date of transac�on ____________________

You may cancel this transac�on, without any penalty or obliga�on, within 3 business days from the above date.

I hereby cancel this transac�on

of 4 6/13/2023, 1:26 PM

BJELDE CONSTRUCTION, LLC 5930 S Sossaman Rd, Suite 104 Mesa, AZ 85212 Office/Fax: (480) 288 7512 Email: [email redacted] Licensed • Bonded • Insured • ROC# 260364 Proposal/Contract Date: 5-13-21 Job # 12315 Customer Phone: 480-241-1404 Customer Email: [email redacted]

BJELDE Construction, LLC. (hereinafter referred to as Contractor) hereby agrees to sell and Dustin Wyman, (hereinafter referred to as Buyer) of 4939 E. Meadow Creek Way, San Tan Valley, Arizona 85140 , hereby agrees to purchase from the Contractor the following described goods and services:

All work will be completed to building plan specifications and adhere to all local building code requirements.

Scope of Work:

Room Addition 21’x10’:

1. Cut perimeter of existing concrete pad where needed for new footings. Haul away concrete. 2. Dig footings to code and pour reinforced concrete footings and slab 21’x10’. 3. Frame exterior walls with 2”x6” lumber. 4. Frame a 3’x3’ mini server room in specified corner of addition. 5. Install 2”x12” ceiling joists 16” on center. 6. Install ½” OSB sheathing on exterior walls and roof. 7. Install one 6’x6’8” French patio door and two 5’x5’ sliding windows. All to have high performance Low-E glass. 8. Install stucco system to match existing texture. 9. Install polystyrene spray foam roof system. 10. Install ethernet where specified. Install five outlets. Install two ceiling fan stub outs with cover plates. Install one exterior porch light. Fixture allowance: $100.00 11. Extend ductwork to new addition and install vent covers. 12. Install polystyrene spray foam insulation in exterior walls and ceiling of addition. 13. Remove existing windows and patio door. Temporarily support existing ceiling. 14. Remove entire house wall where needed and haul away. 15. Install a 22’ glulam beam and support posts. 16. Install ½” drywall on all walls and ceiling where needed. Finish and texture to match existing. 17. Install louvered door and hardware for server room. 18. Install new flooring to match existing. 19. Install baseboard and door trim to match existing. 20. Daily clean up and haul away all debris.

Total Sale Price: $38,634.00

Walk Deck Option:

1. Install 36” height railing around perimeter of walk deck. 2. Open house wall where specified. Frame opening to receive new door and install header. 3. Install a 3’x6’8” exterior door and hardware. Door and hardware allowance: $550.00 4. Repair stucco and drywall as needed. 5. Install door trim inside and out.

Total Sale Price: $4,368.00

Bathroom Remodel:

1. Remove light fixture, plumbing fixtures, vanity, toilet, shower surround and tub. Haul away. 2. Move sewer for toilet to the left approximately 4” to make shower wider. 3. Install new comfort height toilet 4. Install new shower pan and curb. Frame back shower wall for new niche. Install cement board and waterproofing on shower walls to ceiling. 5. Install new tile on shower floor and walls to ceiling. Tile allowance: $500.00 6. Install new shower fixture. Fixture allowance: $350.00 7. Install a frameless sliding shower door. Door allowance: $750.00 8. Install new pedestal sink. Pedestal allowance: $400.00 9. Install new faucet. Faucet allowance: $150.00 10. Install new light fixture. Fixture allowance: $150.00 11. Install new towel bars and accessories. 12. Repair flooring as needed. 13. Apply quality paint to bathroom walls. 14. Daily clean up and haul away all debris.

Total Sale Price: $12,768.00

New Patio Cover:

1. Dig footing to code for new post. 2. Form and pour a reinforced concrete pier footing. 3. Frame post and install glulam beam. 4. Attach ledger to home and install 2”x12” roof joists. 5. Complete necessary tie in and flashing to home and new addition. 6. Install fascia boards, roof edging and peel and stick roofing. 7. Install stucco system to match existing on post and beam work. 8. Connect to source and install one ceiling fan stub out and cover plate. 9. Install waterproof drywall on ceiling. Tape and finish.

$7,238.00

Total for All: $63,808.00.00

*Note: This proposal includes all material and labor as described above. If there is any deviation or addition from this proposal is shall be deemed as a change order.

All changes and/or extras shall be discussed, written up on an extra work order, and paid for prior to work performed. Job to be completed in a timely manner.

Total contract amount $63,008.00

30% Due upon signing $19,000.00

30% Due progress payment $19,000.00

5% Due pre-puchlist $3,004.00

5% Balance due upon completion $3,004.00

BUYER’S R GHT TO CANCEL If th s agreement was so c ted at your res dence and you do not want to goods or serv ces you may cance th s agreement by ma ng a not ce to the Contractor. The not ce must say that you do not want the goods or serv ces and must be ma ed before m dn ght on the th rd bus ness day after the date of the transact on.

Th s contract s subject to a the terms and cond t ons set forth on the reverse s de. Buyer acknow edges rece pt of a comp eted copy of th s contract, nc ud ng NOTICE OF CANCELLATION form.

S gned th s ___________________ day of ________________________ You, the Buyer, may cance th s transact on at any t me pr or to m dn ght of the th rd bus ness day after the date of th s transact on. w tness____________________________________________________ See the attached not ce of cance at on form for an exp anat on of th s r ght. Accepted by the Contractor: ________________________________________________________ BJELDE CONSTRUCTION, LLC S gnature of Buyer By ________________________________________________________ ________________________________________________________ S gnature of Buyer

ADDITIONAL TERMS AND PROVISIONS OF CONTRACT

1. Contractor sha not be ab e for de ays caused by str kes, weather cond t ons, or de ay n obta n ng mater a s or causes beyond ts contro .

2. If there s more than one Buyer, they sha be jo nt y and severe y ab e hereon. Th s Contract sha b nd Contractor and Buyer, the r respect ve he rs, persona representat ve, successors and ass gns.

3. Th s wr tten Contract s the on y and ent re Contract cover ng the subject matter hereof. No person s author zed to vary or a ter the terms and cond t ons of th s contract. Buyer sha be so e y respons b e for prov d ng ver f cat on of cash payments upon the request of Contractor.

4. After the exp rat on of the t me of the BUYER’S RIGHT TO CANCEL, stated e sewhere n th s Contract, f the Contract s cance ed by the Buyer, Buyer sha pay to Contractor, as qu dated damages and not as pena ty, twenty-f ve (25%) of the Contract pr ce at the so e opt on of the Contractor. Contractor may e ect nstead to pursue ega act on to co ect the ent re amount of the purchase pr ce stated n the contract.

5. Contractor sha have the r ght to transfer th s contract to anyone of the Contractor’s cho ce. If the Contractor shou d do so, Buyer’s ob gat ons to such Transferee or Ho der w cont nue n fu force.

6. If any prov s ons of th s Contract are he d nva d or unenforceab e for any reason, no other prov s on sha be affected, and th s Contract sha be construed as f such nva d or unenforceab e prov s on had never been conta ned here n.

7. Work to be performed by a L censed Contractor.

8. Estimated time of completion after start date is: 6 to 8 weeks

9. Payments can be accepted by V sa, Mastercard or D scover w th an added conven ence fee of 2.8%. Payments by Amer can Express can be accepted w th an added conven ence fee of 2.8% p us the add t ona Amer can Express fee. No except ons.

10. Job pr ces are cont ngent upon cont nuous work, barr ng any act of God or de ay by vendors subcontracted by th s genera contractor. Any customer requested de ay w ncur add t ona charges n the amount of $250/day unt work s resumed. Fa ure to pay draws as contracted, may be deemed a customer de ay resu t ng n add t ona charges.

11. A owances may or may not be a part of th s contract. A owances funct on such that the stated do ar amount s the amount factored nto the contract. If the Buyer does not ut ze the fu amount of the a owance, the d fference w be refunded to the Buyer a ong w th app cab e taxes and markup. If the Buyer ut zes more than the a owance amount, the overage w be b ed to the Buyer a ong w th app cab e taxes and markup.

The Property Owner has the right to file a written complaint with the registar for alleged violation of section 32-1152, subsection A; phone number 602-542-1525; website of https://roc.az.gov/

NOTICE OF LIMITED WARRANTY Contractor warrants that the mater a s used are of a qua ty spec f ed and Buyer(s) acknow edges that a of the manufacturer’s wr tten warrant es guaranteed have been ora y d sc osed to the pr or to enter ng nto th s contract and wh ch Buyer(s) further acknow edge Contractor’s representat ve has d sp ayed to them or offered to d sp ay to them pr or to execut on of th s contract. Contractor further warrants abor for two years after date of substant a comp et on. Buyer’s exc us ve remedy sha be the repa r of any defects n abor and as a cond t on precedent Buyer(s) must not fy Contractor n wr t ng at Contractor’s address of any c a med defect. Contractor makes no express warrant es not set forth n wr t ng here n and does not make any warrant es as to the mater a s by the manufacturer.

NOTICE Any ho der of th s consumer contract s subject to a c a ms and defenses wh ch cou d assert aga nst the Contractor of goods or serv ces obta ned w th the proceeds hereof. Recovery hereunder by the debtor sha not exceed amounts pa d by the Debtor hereunder.

NOTICE OF CANCELLATION Date of transaction ____________________

You may cance th s transact on, w thout any pena ty or ob gat on, w th n 3 bus ness days from the above date.

If you cance , any property traded n, any payments made by you under the contract of sa e, and any negot ab e nstrument executed buy you w be returned w th n 10 bus ness days fo ow ng rece pt by the Contractor of your cance at on not ce, and any secur ty nterest ar s ng out of the transact on w be cance ed. If you cance , you must make ava ab e to Contractor at your res dence, n substant a y as good cond t on as when you rece ved, any goods de vered to under th s contract or sa e or you may, f you w sh, comp y w th the nstruct ons of the Contractor regard ng the return sh pment of goods at the Contractor’s expense and r sk.

If you do not make the goods ava ab e to the Contractor and the Contractor does not p ck them up w th n 20 days of the date of your not ce of cance at on, you may reta n or d spose of the goods w thout any further ob gat on. If you fa to make goods ava ab e to the Contractor, or f you agree to return the goods to the Contractor and fa to do so, then you rema n ab e for performances of a ob gat ons under contract.

To cance th s transact on, ma or de ver a s gned and dated copy of th s cance at on not ce or any other wr tten not ce to BJELDE CONSTRUCTION, LLC, P.O. Box 50962, Mesa, AZ 85208, no ater than m dn ght (Date) ____________________

I hereby cancel this transaction

________________________________________________ ________________________________________________________ Date Buyer’s S gnature 9/25/23, 11:43 AM State of Arizona Mail - Response to Citation Case No. 2023-06746

Answers - AZROC <[email redacted]>

Response to Citation Case No. 2023-06746 message

Nils Bjelde <[email redacted]> Sat, Sep 16, 2023 at 9:29 PM To: "[email redacted]" <[email redacted]> Cc: "[email redacted]" <[email redacted]>, Melissa <[email redacted]>, Kimberly <[email redacted]>, Nils Bjelde <[email redacted]>

To whom it may concern,

I, Nils Bjelde of Bjelde Construction LLC, License No. 260364, was not able to be at the inspection located at 4939 E. Meadow Creek Way, San Tan Valley, Az. 85140 as I just had ancle surgery and was not able to travel.

General Notes to Inspection report.

1. Bjelde Construction has and still will speak to the owner. Bjelde Construction will not accept being spoken to disrespectfully, sworn at, threatened, when owners intoxicated or not. That said, our communication has been limited because of the owner's daily disposition and actions. 2. Bjelde Construction has been requested to stop work/not allowed to do or continue works on said contracts/change orders/and discussed work requested by owner many times as the owner changes his mind/has new conditions to follow. 3. Nils Bjelde of Bjelde construction was not allowed on the site to review works with John Smith on an earlier inspection, owner has not yet let Nils Bjelde know if he can enter property to complete work still to be completed. 4. Bjelde Construction will, and always has been willing to speak with the owner. (he hasn't called me). We have not abandoned the job.

These are responses to complaints Per John Smiths write up of his inspection on August 28, 2023.

1. We completed painting and stucco cracks( 10.) as agreed.

2. We have not completed the pavers as the owner will not sign (signature) off on what materials were picked out. He does not remember he looked them up and picked them out. Need verification from the owner prior to the paver's installation. Also, the owner now has said the drainpipe and rocks installed per his request/change order/and his supervision which he approved on the day we completed it,-- is not correct.(Per Tonys discussion) Note: The pavers pattern/installation is affected by the drainpipe installation along with the downspout/gutter installation. Hence, still waiting for acceptance/signoff of work done as per contracted/change order.

3. Gutters and down spouts are not installed because of Note : on Complaint No. 2.

6. The owner admitted to the concrete subcontractor/Bjelde Construction/and local Landscaper, that he was abandoning all irrigation systems (as they didn't work at that time) and that it was ok for us to cut through them. The owners did not know what they were going to do with their landscaping in the rear at the start of the project. they were to have a landscaper come in later. That is why there is a change order later for the

https://mail.google.com/mail/b/AEoRXRSZU81MT-HdmVCWpz9eIHnIKw_E96WcObQD7qQZck_uxPcl/u/0/?ik=581c53cf5c&view=pt&search=all&per… 1/2 9/25/23, 11:43 AM State of Arizona Mail - Response to Citation Case No. 2023-06746

pavers, and a review from a landscaper. Note: Bjelde Construction did not propose to do any sprinklers, landscaping or weed removal.

7. The hot tub was to be moved when the scheduled electrical was to be connected. The owner refused to let us move it because the house (change order requested by owner) was not painted yet. I explained that it would be a change order. The owner doesn't want to pay a change order.

8. The air register on the ceiling was installed properly, and the owner chose to remove it. The owners must have misplaced it if it is missing. Note: The owner had other people/sub-contractors/ neighbor's installing electrical components/paint/windows/floorings at this time.

9. The owner and Tony agreed to locate the cable at that spot an extend it when the master bathroom is remodeled which is an open change order(owner has not cancelled master bathroom change order). The owner now wants to abandon(cancel) this work which he has not allowed us to do. The owner allowed us to drywall to cover the ceiling, then new paint.

10. Stucco cracks completed and accepted.

13. The owner, after months of waiting, finally allowed us to start the Hall bath on original contract. The contract states payment of $19,000 due progress payment prior to due pre-punch list. This was one of the last items to be done on the main original contract. The owner, now allowing us to work, was asked to pay for the $19,000 draw due at this time, he agreed and said he would pay the next day and go ahead and start demolition of the hall bathroom. Next day he changed his mind, again (saying with volatility, "I won't pay another dime to you on this project") and refused to pay the draw due. Once again, another change by the owner. We were, and still are more that 85 % done with the original contracted work that this bathroom is contracted on. We have only collected 60% of the contracted costs. The owner breached the contract by not paying the payment due. Bjelde Construction is still waiting for payment.

14. Yes, the investigator was present when the owner refused to allow us to work on the upstairs bathroom. The owner held up the progress, again. He denied us of doing the work in a resonable time frame. This was discussed in the previous complain inspection with owner/inspector/contractor/worker.

https://mail.google.com/mail/b/AEoRXRSZU81MT-HdmVCWpz9eIHnIKw_E96WcObQD7qQZck_uxPcl/u/0/?ik=581c53cf5c&view=pt&search=all&per… 2/2 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