2023A-06801-CHC-ROC Notice of Hearing and Packet MAILED

2023A-06801-CHC-ROC · Registrar of Contractors · 2023-11-15

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Cassandra Garcia , Case No. 2023-06801 COMPLAINANT, Docket No. 2023A-06801-CHC-ROC v. NOTICE OF HEARING ON CONTESTED CASE Ultra Construction LLC License No. ROC 330397,

RESPONDENT.

This Notice of Hearing is issued under A.R.S. § 41-1092.05(D). HEARING INFORMATION The hearing is set for: January 2, 2024 1:00 PM Brian Del Vecchio 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 October 12, 2023. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED The complaint and citation allege that the Respondent committed the following act(s): Charge: 1 A.R.S. § 32-1154(A)(3) - R4-9-108(a)

Charge: 2 A.R.S. § 32-1154(A)(22)

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

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

be a party to the hearing.

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

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

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

1156(B).

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

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

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

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

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

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

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

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

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

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

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

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

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

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

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

CHANGING THE HEARING DATE

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

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

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

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

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

RESOLUTION SHORT OF ADJUDICATION

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

Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of the resolution or settlement. Any such cases will be listed on the Registrar’s website and its records under the category: “Closed Complaints – Resolved/Settled/Withdrawn.” Dated November 16, 2023.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail November 16, 2023 to:

Respondent(s) Ultra Construction LLC 18373 W Sells Dr Goodyear, AZ 85395 James J. Palecek, Esq. 6263 N Scottsdale Rd Ste 310 Scottsdale, AZ 85250

Complainant(s) Cassandra Garcia 110 W 8th St Ajo, AZ 85321

Copy sent electronically this same date to: Respondent at email address on record with the Registrar Respondent’s Attorney at email address of record with Registrar Complainant at email address on record with the Registrar

Case No. 2023-06801 /

Katie Hobbs, Governor Martin Quezada, Director

Hearing Packet FAQ What is the Hearing Packet?

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

Who gets the Hearing Packet?

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

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

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

What is in the Hearing Packet?

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

● Original complaint;

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

Katie Hobbs, Governor Martin Quezada, Director

● Citation; and ● Answer.

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

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

What if there are documents missing from the Hearing Packet?

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

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

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

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

Katie Hobbs, Governor Martin Quezada, Director

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

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

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

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

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

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

September 12, 2023

Via US Mail and Email ([email redacted]) James Carter, Investigator Arizona Registrar of Contactors 1700 W. Washington St., Suite 105 Phoenix, AZ 85007

RE: Ultra Construction, LLC / Garcia Complaint No. 2023-06801

Notification of Compliance with Directive (and Request for Extension on Roof Issues)

Dear Mr. Carter:

Pursuant to the Written Directive dated August 18, 2023 in the above-referenced matter, Ultra Construction LLC (“Ultra”) provides the following regarding compliance with the Directive:

Compliance Item #3: Damaged Fascia - Our framer went out and added clips to each joint on the facia boards. All is secure.

Compliance Item #4: Roof Sheathing - Roofer went out and inspected roof. Roof is secure and no leakage. All shingles are attached. See photos IMG2960 and IMG2961. Also IMG9184 from Client shows roof looks good. - Respondent obtained a roofing consultation on 8/25/23 that indicates that the shingles need to be removed (due to the observance of buckling) so that additional investigation of the framing can take place. Respondent needs additional time to then investigate the framing issues in order to determine the scope of the roof system repairs.

Request for Time Extension on Roof issues:

- Ultra has hired a consultant to inspect the roof, and it has received preliminary comments regarding the roof on 9/6/23. To further determine the appropriate repairs to the roof, destructive testing has to occur. Ultra and its framer and roofer are willing to make the repairs that would mitigate any unevenness, but they cannot do so without performing destructive testing first.

- For this to happen though, the Clients (Garcia) need to contact their Architect to resubmit for planning and permit a viable way to vent the attic with the Radiant Barrier (as the clients requested), given the foam insulation was also changed by clients to blow in.

- Another option would be to install a tile roof, but it would need to be approved by a structural engineer, given the new structural load on the trusses. This was told to the clients when they asked about putting tile on roof before. Would have to know weight of tile which Ultra did not know.

- After we have a direction approved by the Garcias and we have the permitting and approval, we can look to see how long materials will take to order and arrive. Once all materials are on site, we can get with the framer and roofer to schedule out the new permitted work to be done.

- At this time, it is unclear how much time will be needed, but likely the process will take several months, and we can update the ROC during the process.

Compliance Item #8: Window/Slider

- Screen was replaced. See photos IMG2934 and IMG2935.

Compliance Item #9: Wall next to master tub

- Tub was furred out and pipe fits in the space and awaiting the next steps of tile. See photos IMG9235 and IMG9236.

Compliance Item #10: Master water closet

- Per plans the door was not the correct size (see photo IMG9216), or it would have hit the toilet. This was discussed with client during framing. The opening had to be shortened to accommodate the correct size door. The door photo (IMG9226) also shows the size door client ordered and purchased. The rough framing is to accommodate that door (IMG9225). Photos (IMG9227 and IMG9228) also show where the door will end and if the door was wider, it would hit toilet and not work properly.

Compliance Item #11: Master tub framing

- Tub frame was framed to tub correctly. It was furred out and raised a little due to the tub would be sitting on the cement and you need a little room. See photos IMG9241, IMG9242, IMG9237, IMG9238, IMG9239, IMG9240. Compliance Item #13: Water line

- Dug out dirt that had fallen in the trench since it was dug to show that the actual pipe is indeed deep enough. Photo (IMG9358) shows the receipt for the trencher was 24” that was used all the way to house. See photos IMG9184 from Client, IMG9221, IMG9222, IMG9220.

Compliance Item #15: Clean out

- Plumbing is not complete, and clients did not verify where they wanted clean outs as they mentioned they wanted them in specific spot as the septic was supposed to be shifted due to a wall the clients wanted up. It did match per plans. Was waiting for Septic Phase. Dug down and marked were the drain ends with rebar and orange tape. See photos IMG9223 and IMG9224.

EXTRA:

- IMG9245, IMG9232 and IMG9243 show materials stored that are now dropped off.

The above-referenced photos can be accessed at the following link: Ultra Directive Compliance. If you have any further questions or any trouble accessing the photos, please do not hesitate to contact us. Thank you for your consideration.

Sincerely,

PALECEK & PALECEK, P.L.L.C.

/s/ James J. Palecek James J. Palecek

JJP/sm Enclosure

Cc: Cassandra Garcia Complainant: Cassandra Garcia 110 W 8th St Ajo, AZ 85321

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: Ultra Construction LLC DBA: 18373 W Sells Dr Goodyear, AZ 85395

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 21, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-06801

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for July 11, 2023 at 12:30 PM. 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, James Carter James Carter, Investigator 602 7716770 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

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

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

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

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

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

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

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

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

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

Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 A Guide to Written Directives Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.

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

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

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

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

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

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

Work performed after the directive ends: After the Directive period ends, a property owner may choose to allow the contractor to continue its work. The Registrar encourages parties to work cooperatively, but cannot 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 require a homeowner to continue to allow a contractor access to the property after the Directive period ends in order for the administrative process to continue. Denying access after the Directive ends is not grounds to close or dismiss a complaint.

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 30, 2023

Via US Mail and Email ([email redacted]) James Carter, Investigator Arizona Registrar of Contactors 1700 W. Washington St., Suite 105 Phoenix, AZ 85007

RE: Ultra Construction, LLC / Garcia Complaint No. 2023-06801

Written Response to ROC Complaint Dear Mr. Carter:

This Firm represents the interests of Ultra Construction, LLC (“Ultra”) with respect to the above-referenced Complaint filed by Cassandra Garcia. We are in receipt of your letter dated June 21, 2023, and this letter serves as the written response requested therein.

Ultra denies the allegations set forth in the Complaint. Ultra is and has been licensed for all work performed on this project, except for Mechanical, Plumbing, and Electrical work. For those scopes, Ultra hired the following licensed contractors:

Plumbing – Ultra Plumbing ROC 341533 Plumbing – Platinum Precision Plumbing ROC 343408 Electric – Jaime Electric Company (Ceaser) ROC 095130 HVAC – Desert Canyon Mechanical ROC 231630

Further, the framing work was performed by Ultra, with a hired crew.

Ultra has paid its subcontractors in full for progress to date with payments from customer/client, so it has met its obligations to the client.

Finally, Kimberly Rice should not be named as the responsible party under the license.

Please let us know if you have any questions or concerns. Sincerely,

PALECEK & PALECEK, P.L.L.C.

/s/ James J. Palecek James J. Palecek

JJP/sm Complainant: Cassandra Garcia 110 W 8th St Ajo, AZ 85321

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 Respondent: Ultra Construction LLC DBA: 18373 W Sells Dr Goodyear, AZ 85395

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 July 14, 2023

Re: Complaint Number 2023-06801

Dear Complainant and Respondent:

Due to a conflict in scheduling of one of the parties, the jobsite inspection scheduled for July 11, 2023 at 12:30 PM has been rescheduled for July 24, 2023 at 9:00 AM.

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

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

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

Sincerely,

James Carter James Carter, Investigator 602 7716770 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

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

License mailing address (if different from account/company address of record):

Ultra Construction LLC

18373 W Sells Dr Goodyear, AZ 85395

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 Complainant: Cassandra Garcia 110 W 8th St Ajo, AZ 85321

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C005 04/21 Respondent: Ultra Construction LLC DBA: 18373 W Sells Dr Goodyear, AZ 85395

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C005 04/21 July 21, 2023

Re: Complaint No. 2023-06801

Dear Respondent

Below you will find additional information received by this office concerning the above referenced complaint.

Weep Screed- Incomplete, needing repair

Stucco- We have a qualified stucco professional that says the stucco crew used a One Coat stucco product and mixed it with a low quality sand. The sand mixture mixed with the One Coat is what they were supposed to do, however, they over sanded the mixture in an effort to keep the cost down/cut corners and as a result we have a weak hollow sounding product that is crumbling off the walls/incomplete. He advises another crew applying a skim coat to build strength before going in with the final coat of stucco to prevent future cracks or large pieces breaking off the walls later down the line. We would obviously not be able to recover funds in the future because they are unlicensed so this is something definitely to consider.

Damaged Fascia- Needs repair

Roof Sheathing - warped, but structurally okay that we know of. Asphalt shingles showing outlines of OSB. Inspector advised that many roofers would argue that if someone gets onto the roof to inspect, the warranty would be void, so he did not get onto the roof to ascertain weather the shingles or OSB are okay from above.

HVAC- Condensate vent obstructed, secondary drain pan not properly sloped.

Drywall- Holes need repair, some areas not complete, damaged window sill.

Pocket doors- Frames not properly secured.

Plumbing- We have paid them to what they consider ready for the 10% remaining trim out phase, however, we still have large holes dug in foundation around every stub out and master tub is not properly set/drain not connected.

Window/Slider- One window lock is offset that needs to be fixed, there is a hole in one of our window screens, and the sliding glass door does not close all the way.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C005 04/21 If you have any questions or comments, please feel free to contact me.

Sincerely,

James Carter James Carter, Investigator 602 7716770 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

Cc: File Respondent

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C005 04/21 Complainant: Cassandra Garcia 110 W 8th St Ajo, AZ 85321

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 Respondent: Ultra Construction LLC DBA: 18373 W Sells Dr Goodyear, AZ 85395

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 July 21, 2023

Re: Complaint Number 2023-06801

Dear Complainant and Respondent:

Due to a conflict in scheduling of one of the parties, the jobsite inspection scheduled for August 14, 2023 at 9:00 AM has been rescheduled for August 14, 2023 at 9:00 AM.

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

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

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

Sincerely,

James Carter James Carter, Investigator 602 7716770 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

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

License mailing address (if different from account/company address of record):

Ultra Construction LLC

18373 W Sells Dr Goodyear, AZ 85395

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 Complainant: Cassandra Garcia 110 W 8th St Ajo, AZ 85321

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C005 04/21 Respondent: Ultra Construction LLC DBA: 18373 W Sells Dr Goodyear, AZ 85395

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C005 04/21 July 25, 2023

Re: Complaint No. 2023-06801

Dear Respondent

Below you will find a list of additional information received by this office concerning the above referenced complaint.

Plumbing •Wall next to master tub needs furred out to accommodate pipe that sticks out further than framing. If drywalled, the wall would bow out over the pipe. •Master water closet: toilet stub out needs to move back and properly centered. Wall is furred out 6” too far from Ultra who performed the work. Derek told is he moved the stub out and he chose to move the wall instead. •Master tub framing way too small, drain needs moved. (Ultra has had the tub and dimensions to be able to properly measure this). •Metal pipe for sink in garage to meet code (it is plastic now) •Entire water line from well to home is not deep enough (its 8” deep and should be 18”). •Vent pipes on roof too long, should be 12”. •No clean out pipes (bullhorns) for septic at all. •Missing clean out pipe in kitchen island.

If you have any questions or comments, please feel free to contact me.

Sincerely,

James Carter James Carter, Investigator 602 7716770 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

Cc: File Respondent

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C005 04/21 Jobsite Inspection Notes

Case No.: 2023-06801 Investigator: James Carter Inspection Date: August 14, 2023 Inspection Time: 9:00 AM

Complainant: Cassandra Garcia Respondent: Ultra Construction Not Present: LLC Not Present:

Jobsite General Notes: JSI photos taken with my agency issued Google Pixel Phone camera. JSI audio recorded with my Olympus Digital Voice Recorder model DM-720. JSI photos and audio have been placed into the ROC complaint file. Complainant was present for the JSI. Kim Rice and Steve where present for the Respondent. Respondent has indicated that they have terminated their contract and Complainant indicated during the JSI that they are in agreement to terminate once items on the complaint have been ruled on by the ROC and corrected by the Respondent. Both parties are represented by legal counsel but none where present for the JSI

Complaint Item: 1 - Weep Screed- Incomplete, needing repair Investigator’s Observation: Investigator observed weep screed in place and consistent through out the areas Complainant showed. Item was completed as per original contract and meets minimum workmanship standards. Governing Rule:

Complaint Item: 2 - Stucco- We have a qualified stucco professional that says the stucco crew used a One Coat stucco product and mixed it with a low quality sand. The sand mixture mixed with the One Coat is what they were supposed to do, however, they over sanded the mixture in an effort to keep the cost down/cut 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

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

corners and as a result we have a weak hollow sounding product that is crumbling off the walls/incomplete. He advises another crew applying a skim coat to build strength before going in with the final coat of stucco to prevent future cracks or large pieces breaking off the walls later down the line. We would obviously not be able to recover funds in the future because they are unlicensed so this is something definitely to consider. Investigator’s Observation: Unable to verify, no evidence to prove or verify complaint item constitutes poor work due to the complaint item being incomplete. At the time of the inspection only the first layer of stucco had been applied. No evidence presented that showed the product was over sanded Governing Rule:

Complaint Item: 3 - Damaged Fascia- Needs repair Investigator’s Observation: Verified. Inspector observed a number of fascia boards that were separating and missing clips. Respondent did not indicate during the inspection that the work was not completed yet. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor. Governing Rule: 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.

Complaint Item: 4 - Roof Sheathing - warped, but structurally okay that we know of. Asphalt shingles showing outlines of OSB. Inspector advised that many roofers would argue that if someone gets onto the roof to inspect, the warranty would be void, so he did not get onto the roof to ascertain weather the shingles or OSB are okay from above. Investigator’s Observation: Verified. Investigator observed several areas on the roof where the shingles were lifting. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor. Governing Rule: 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. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

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

Complaint Item: 5 - HVAC- Condensate vent obstructed, secondary drain pan not properly sloped. Investigator’s Observation: Unable to verify, insufficient evidence to prove or disprove complaint item. Investigator was unable to observe the unit in the attic as it was not readily accessible to the attic opening Governing Rule:

Complaint Item: 6 - Drywall- Holes need repair, some areas not complete, damaged window sill. Investigator’s Observation: Unable to verify, no evidence to prove or verify complaint item constitutes poor work due to the complaint item being incomplete. Governing Rule:

Complaint Item: 7 - Pocket doors- Frames not properly secured. Investigator’s Observation: Unable to verify, no evidence to prove or verify complaint item constitutes poor work due to the complaint item being incomplete. Governing Rule:

Complaint Item: 8 - Window/Slider- One window lock is offset that needs to be fixed, there is a hole in one of our window screens, and the sliding glass door does not close all the way. Investigator’s Observation: Verified. While a full house window adjustment is still pending the Investigator did observe a screen that had been damaged on the south side of the home. The Respondent will need to correct this by the appropriate means. Governing Rule:

Complaint Item: 9 - Wall next to master tub needs furred out to accommodate pipe that sticks out further than framing. If drywalled, the wall would bow out over the pipe. Investigator’s Observation: Verified. Investigator observed a plumbing pipe that was out past the framing material by 1/2". Respondent indicated during 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

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

the inspection that the drywall could be notch out to accommodate this however Respondent also indicated that this area will have durock installed. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor. Governing Rule: 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.

Complaint Item: 10 - Master water closet: toilet stub out needs to move back and properly centered. Wall is furred out 6” too far from Ultra who performed the work. Derek told is he moved the stub out and he chose to move the wall instead Investigator’s Observation: Respondent admits to moving the wall however the modification was not compatible with other parts of the build. Respondent shall complete project per original contract agreement, properly executed change orders, verbal agreements, local building codes and manufacturers installation instructions. Governing Rule: 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.

Complaint Item: 11 - Master tub framing way too small, drain needs moved. (Ultra has had the tub and dimensions to be able to properly measure this). Investigator’s Observation: Verified. Inspector observed that the tub is 36" and the framing is at 36" before any durock or tile is added. Respondent agreed area needed to be reframed. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor. Governing Rule: 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.

Complaint Item: 12 - Metal pipe for sink in garage to meet code (it is plastic now) 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

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

Investigator’s Observation: This is common industry practice and does not constitute poor workmanship. Governing Rule:

Complaint Item: 13 - Entire water line from well to home is not deep enough (its 8” deep and should be 18”). Investigator’s Observation: Verified. Investigator observed an area were the main water line was observed and the trench was only at 8-10" deep The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor. Governing Rule: 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.

Complaint Item: 14 - Vent pipes on roof too long, should be 12”. Investigator’s Observation: Unable to verify, no evidence to prove or verify complaint item constitutes poor work due to the complaint item being incomplete. Governing Rule:

Complaint Item: 15 - No clean out pipes (bullhorns) for septic at all Investigator’s Observation: Verified. No clean outs were observed by the Investigator in the area that Respondent said they were per plan. Respondent indicated that the plumbing was not completed but trenches were already buried. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor. Governing Rule: 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.

Complaint Item: 16 - Missing clean out pipe in kitchen island Investigator’s Observation: Complaint item does not constitute poor workmanship, and meets minimum workmanship standards. Cleanout is not

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

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

required in a concealed area Governing Rule: IRC P3005.2

Complaint Item: 17 - Attic Not vented properly Investigator’s Observation: Complaint item does not constitute poor workmanship, and meets minimum workmanship standards. PER IRC 2018 which has been adopted by Maricopa County Governing Rule: IRC R806.5

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

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

Complaint # 2023-06801 Inspection Date 08/14/2023 9:00 AM - Photo 1 Complaint # 2023-06801 Inspection Date 08/14/2023 9:00 AM - Photo 2 Complaint # 2023-06801 Inspection Date 08/14/2023 9:00 AM - Photo 3 Complaint # 2023-06801 Inspection Date 08/14/2023 9:00 AM - Photo 4 Complaint # 2023-06801 Inspection Date 08/14/2023 9:00 AM - Photo 5 Complaint # 2023-06801 Inspection Date 08/14/2023 9:00 AM - Photo 6 Complaint # 2023-06801 Inspection Date 08/14/2023 9:00 AM - Photo 7 Complaint # 2023-06801 Inspection Date 08/14/2023 9:00 AM - Photo 8 Complaint # 2023-06801 Inspection Date 08/14/2023 9:00 AM - Photo 9

Master bath northwall back of tub Complaint # 2023-06801 Inspection Date 08/14/2023 9:00 AM - Photo 10

Master Bath Water closet Center of drain to back wall Complaint # 2023-06801 Inspection Date 08/14/2023 9:00 AM - Photo 11

Center of drain from side to side Complaint # 2023-06801 Inspection Date 08/14/2023 9:00 AM - Photo 12

Water closet side to side Complaint # 2023-06801 Inspection Date 08/14/2023 9:00 AM - Photo 13

Master tub framing Complaint # 2023-06801 Inspection Date 08/14/2023 9:00 AM - Photo 14

Master tub Complaint # 2023-06801 Inspection Date 08/14/2023 9:00 AM - Photo 15

Main water line to home Complaint # 2023-06801 Inspection Date 08/14/2023 9:00 AM - Photo 16

Radiant barrier in attic Complaint # 2023-06801 Inspection Date 08/14/2023 9:00 AM - Photo 17

Pre-plumb for sink in garage Complaint # 2023-06801 Inspection Date 08/14/2023 9:00 AM - Photo 18

No visible clean outs Complainant: Cassandra Garcia 110 W 8th St Ajo, AZ 85321

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: Ultra Construction LLC DBA: 18373 W Sells Dr Goodyear, AZ 85395

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 August 18, 2023

License No. ROC 330397

Re:Complaint No. 2023-06801

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 September 15, 2023.

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

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

Compliance Item: 3 - Damaged Fascia- Needs repair Investigator’s Observation: Verified. Inspector observed a number of fascia boards that were separating and missing clips. Respondent did not indicate during the inspection that the work was not completed yet. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor. Governing Rule: Violation of any rule adopted by the Registrar;

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 Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 4 - Roof Sheathing - warped, but structurally okay that we know of. Asphalt shingles showing outlines of OSB. Inspector advised that many roofers would argue that if someone gets onto the roof to inspect, the warranty would be void, so he did not get onto the roof to ascertain weather the shingles or OSB are okay from above. Investigator’s Observation: Verified. Investigator observed several areas on the roof where the shingles were lifting. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor. Governing Rule: 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.

Compliance Item: 8 - Window/Slider- One window lock is offset that needs to be fixed, there is a hole in one of our window screens, and the sliding glass door does not close all the way. Investigator’s Observation: Verified. While a full house window adjustment is still pending the Investigator did observe a screen that had been damaged on the south side of the home. The Respondent will need to correct this by the appropriate means. Governing Rule: 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.

Compliance Item: 9 - Wall next to master tub needs furred out to accommodate pipe that sticks out further than framing. If drywalled, the wall would bow out over the pipe.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Investigator’s Observation: Verified. Investigator observed a plumbing pipe that was out past the framing material by 1/2". Respondent indicated during the inspection that the drywall could be notch out to accommodate this however Respondent also indicated that this area will have durock installed. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor. Governing Rule: 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.

Compliance Item: 10 - Master water closet: toilet stub out needs to move back and properly centered. Wall is furred out 6” too far from Ultra who performed the work. Derek told is he moved the stub out and he chose to move the wall instead Investigator’s Observation: Respondent admits to moving the wall however the modification was not compatible with other parts of the build. Respondent shall complete project per original contract agreement, properly executed change orders, verbal agreements, local building codes and manufacturers installation instructions. Governing Rule: 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.

Compliance Item: 11 - Master tub framing way too small, drain needs moved. (Ultra has had the tub and dimensions to be able to properly measure this). Investigator’s Observation: Verified. Inspector observed that the tub is 36" and the framing is at 36" before any durock or tile is added. Respondent agreed area needed to be reframed. The Respondent will need to correct this by

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 appropriate means, using an appropriately licensed contractor. Governing Rule: 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.

Compliance Item: 13 - Entire water line from well to home is not deep enough (its 8” deep and should be 18”). Investigator’s Observation: Verified. Investigator observed an area were the main water line was observed and the trench was only at 8-10" deep The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor. Governing Rule: 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.

Compliance Item: 15 - No clean out pipes (bullhorns) for septic at all Investigator’s Observation: Verified. No clean outs were observed by the Investigator in the area that Respondent said they were per plan. Respondent indicated that the plumbing was not completed but trenches were already buried. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor. Governing Rule: 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.

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

Compliance Item: 1 - Weep Screed- Incomplete, needing repair Investigator’s Observation: Investigator observed weep screed in place and consistent through out the areas Complainant showed. Item was

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 completed as per original contract and meets minimum workmanship standards. Governing Rule:

Compliance Item: 2 - Stucco- We have a qualified stucco professional that says the stucco crew used a One Coat stucco product and mixed it with a low quality sand. The sand mixture mixed with the One Coat is what they were supposed to do, however, they over sanded the mixture in an effort to keep the cost down/cut corners and as a result we have a weak hollow sounding product that is crumbling off the walls/incomplete. He advises another crew applying a skim coat to build strength before going in with the final coat of stucco to prevent future cracks or large pieces breaking off the walls later down the line. We would obviously not be able to recover funds in the future because they are unlicensed so this is something definitely to consider. Investigator’s Observation: Unable to verify, no evidence to prove or verify complaint item constitutes poor work due to the complaint item being incomplete. At the time of the inspection only the first layer of stucco had been applied. No evidence presented that showed the product was over sanded Governing Rule:

Compliance Item: 5 - HVAC- Condensate vent obstructed, secondary drain pan not properly sloped. Investigator’s Observation: Unable to verify, insufficient evidence to prove or disprove complaint item. Investigator was unable to observe the unit in the attic as it was not readily accessible to the attic opening Governing Rule:

Compliance Item: 6 - Drywall- Holes need repair, some areas not complete, damaged window sill. Investigator’s Observation: Unable to verify, no evidence to prove or

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 verify complaint item constitutes poor work due to the complaint item being incomplete. Governing Rule:

Compliance Item: 7 - Pocket doors- Frames not properly secured. Investigator’s Observation: Unable to verify, no evidence to prove or verify complaint item constitutes poor work due to the complaint item being incomplete. Governing Rule:

Compliance Item: 12 - Metal pipe for sink in garage to meet code (it is plastic now) Investigator’s Observation: This is common industry practice and does not constitute poor workmanship. Governing Rule:

Compliance Item: 14 - Vent pipes on roof too long, should be 12”. Investigator’s Observation: Unable to verify, no evidence to prove or verify complaint item constitutes poor work due to the complaint item being incomplete. Governing Rule:

Compliance Item: 16 - Missing clean out pipe in kitchen island Investigator’s Observation: Complaint item does not constitute poor workmanship, and meets minimum workmanship standards. Cleanout is not required in a concealed area Governing Rule: IRC P3005.2

Compliance Item: 17 - Attic Not vented properly Investigator’s Observation: Complaint item does not constitute poor

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 workmanship, and meets minimum workmanship standards. PER IRC 2018 which has been adopted by Maricopa County Governing Rule: IRC R806.5

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

Sincerely,

James Carter James Carter, Investigator 602 7716770 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

CC: Respondent Complainant

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complainant: Cassandra Garcia 110 W 8th St Ajo, AZ 85321

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: Ultra Construction LLC DBA: 18373 W Sells Dr Goodyear, AZ 85395

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 September 11, 2023

Compliance Jobsite Inspection Notice Re: Complaint No. 2023-06801

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for September 13, 2023 at 12:00 PM to determine the current status of the items listed on the issued Directive.

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

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

Sincerely,

James Carter James Carter, Investigator 602 7716770 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

CC: Respondent Complainant

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 Complainant: Cassandra Garcia 110 W 8th St Ajo, AZ 85321

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: Ultra Construction LLC DBA: 18373 W Sells Dr Goodyear, AZ 85395

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 September 22, 2023

Compliance Jobsite Inspection Notice Re: Complaint No. 2023-06801

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for September 26, 2023 at 9:00 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,

James Carter James Carter, Investigator 602 7716770 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

CC: Respondent Complainant Respondent Attorney

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 Complaint # 2023-06801 Compliance Inspection Date 09/26/2023 9:00 AM - Photo Page 1 Complaint # 2023-06801 Compliance Inspection Date 09/26/2023 9:00 AM - Photo Page 2 Complaint # 2023-06801 Compliance Inspection Date 09/26/2023 9:00 AM - Photo Page 3 Complaint # 2023-06801 Compliance Inspection Date 09/26/2023 9:00 AM - Photo Page 4 Complaint # 2023-06801 Compliance Inspection Date 09/26/2023 9:00 AM - Photo Page 5 Complaint # 2023-06801 Compliance Inspection Date 09/26/2023 9:00 AM - Photo Page 6 Complaint # 2023-06801 Compliance Inspection Date 09/26/2023 9:00 AM - Photo Page 7 Complaint # 2023-06801 Compliance Inspection Date 09/26/2023 9:00 AM - Photo Page 8 Complaint # 2023-06801 Compliance Inspection Date 09/26/2023 9:00 AM - Photo Page 9 Complaint # 2023-06801 Compliance Inspection Date 09/26/2023 9:00 AM - Photo Page 10 Complaint # 2023-06801 Compliance Inspection Date 09/26/2023 9:00 AM - Photo Page 11 Complaint # 2023-06801 Compliance Inspection Date 09/26/2023 9:00 AM - Photo Page 12 Complainant: Cassandra Garcia 110 W 8th St Ajo, AZ 85321

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: Ultra Construction LLC DBA: 18373 W Sells Dr Goodyear, AZ 85395

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.: 2023-06801 Investigator: James Carter Inspection Date: September 26, 2023 Inspection Time: 9:00 AM

Compliance Jobsite General Notes: CJSI photos taken with my Google Pixel Phone camera. CJSI audio recorded with my Olympus Digital Voice Recorder model DM-720. CJSI photos and audio have been placed into the ROC complaint file. Complainant and Respondent were both present for the CJSI. Derek and Kimberly Rice both were representing the Respondent

Compliance Findings: The following Directive Items were completed:

Compliance Item: 9 - Wall next to master tub needs furred out to accommodate pipe that sticks out further than framing. If drywalled, the wall would bow out over the pipe. Investigator’s Observation: Verified. Investigator observed a plumbing pipe that was out past the framing material by 1/2". Respondent indicated during the inspection that the drywall could be notch out to accommodate this however Respondent also indicated that this area will have durock installed. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 The Following Items were not completed:

Compliance Item: 4 - Roof Sheathing - warped, but structurally okay that we know of. Asphalt shingles showing outlines of OSB. Inspector advised that many roofers would argue that if someone gets onto the roof to inspect, the warranty would be void, so he did not get onto the roof to ascertain weather the shingles or OSB are okay from above. Investigator’s Observation: No work was done on this item. Governing Rule: 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.

The Following Items will need to be verified at final inspection by the local municipality:

Compliance Item: 13 - Entire water line from well to home is not deep enough (its 8” deep and should be 18”). Investigator’s Observation: At the time of the JSI it was not disclosed to the Investigator that the grade was going to be raised before final inspection. A local inspector will need to approve the final depth of the waterline

Compliance Item: 15 - No clean out pipes (bullhorns) for septic at all Investigator’s Observation: At the JSI it was not disclosed to the Investigator that the septic tank was not installed and the work was not completed. Once the work is completed the local inspector will need to approve the location of the bullhorns

Note: At the original JSI Items #10, #13 and #15 were not fully disclosed to the Investigator as being not completed as they were during the CJSI. Had it been disclosed they would not have been listed on the directive as needing to be addressed. For Compliance Item #4 Respondent felt that they had to come have repair options available by the deadline so no work was completed on that item.

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.

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

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

James Carter James Carter, Investigator 602 7716770 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

CC: Respondent Complainant

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

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

Cassandra Garcia, Case No. 2023-06801 COMPLAINANT, v. Ultra Construction LLC, CITATION License No. ROC 330397, RESPONDENT.

The Registrar issues this Citation to Ultra Construction LLC, (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by October 27, 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 16, 2023, Cassandra Garcia, (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating: Charge :1 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. of 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)(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. 2023-06801. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted] of 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 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 October 27, 2023. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D).

INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings.

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 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 October 12, 2023. By: /s/ Gail Mathews Gail Mathews Legal Assistant II Legal Department Arizona Registrar of Contractors

COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, October 12, 2023 to: Respondent Certified Mail No: [number redacted] Ultra Construction LLC 18373 W Sells Dr. Goodyear, AZ 85395

Copy mailed by USPS First Class mail this same date to: Respondent Ultra Construction LLC 18373 W Sells Dr. Goodyear, AZ 85395 James J. Palecek Esq. 6263 N Scottsdale Rd., Ste. 310 Scottsdale, AZ 85250

Complainant Cassandra Garcia 110 W 8th St Ajo, AZ 85321

Patrick J Monahan Esq. 7025 W. Bell Rd., Ste. 8 Glendale, AZ 85308 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 Copy sent electronically this same date to: Respondent at email address on record with the Registrar Respondent’s Attorney at email address of record with Registrar Complainant at email address on record with the Registrar Complainant’s Attorney at email address of record with Registrar

Case No. 2023-06801

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 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

Person Filing Complaint Full Name (First Middle Last) Business Name (if a licensed contractor or supplier) ROC License Number(s) (if any)

Cassandra Garcia Mailing Address (Enter jobsite in Contract/Project section) City State Zip

110 W 8th St Ajo Arizona 85321 Phone Number Email

[number redacted] [email redacted] I consent to receive communications electronically in connection with this case Name of Attorney (if any)

Street Address of Attorney City State Zip

Arizona Phone Number of Attorney Email of Attorney

Contractor Information Name (as shown on contract/invoice) ROC License Number(s)

Ultra Construction LLC ROC 330397 Street Address City State Zip

18373 W Sells Dr Goodyear AZ 85395 Phone Number Email

623-606-3875 [email redacted] Name of Person(s) Representing License

Kimberly Rice Contract/Project Information Contract Date Contract Amount Amount Paid

September 24, 2022 $555,630.73 $445,455.86 Date Work Started Date Work Stopped Date Work Was Completed

September 27, 2022 June 14, 2023 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

2808 S 271st ln Buckeye AZ 85326 Name of Construction Site Owner Construction Site Name (if applicable)

Phone Number of Construction Site Owner Email of Construction Site Owner

[number redacted] [email redacted] This complaint is for Other I have contacted the contractor by Phone/Text;Email Have you filed a complaint in court? No

RCC099 12/05/18 Page 1 of 2 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 New Home

A building permit was obtained by Property Owner B202202727 Maricopa County List and briefly describe each complaint item (Please do not write "see attached" or use additional pages unless necessary to further describe issues or list more complaint items) (limited to 100 characters per line)

Ultra Construction LLC has been using a number of unlicensed subcontractors on our project for its entire duration without our knowledge or consent until yesterday when we became aware. They have been using funds from our projects to pay for their other work unrelated to ours without our consent. We will be obtaining a 3rd party inspection, and will communicate any poor workmanship as they are found.

Signature I declare under penalty of perjury that the information and documents contained on this Complaint Form, included with this complaint, or hereafter submitted in support of this complaint are true and accurate to the best of my knowledge. I will assist in the investigation or in the prosecution of the contractor or other parties, and will, if necessary, attend hearings and testify to facts. Printed Name Signature Date

Cassandra Garcia \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 June 19, 2023

Re: Complaint No. 2023-06801

Dear Complainant:

In order to continue the investigation into you complaint The Registrar is requesting the following information.

• Specific allegation of workmanship issues

Please provide the requested information to the email address listed below. If you have any questions or comments, please feel free to contact me.

Sincerely,

James Carter James Carter, Investigator 602 7716770 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

Cc: File Complainant

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C005 04/21 July 21, 2023

Re: Complaint No. 2023-06801

Dear Respondent

Below you will find additional information received by this office concerning the above referenced complaint.

Weep Screed- Incomplete, needing repair

Damaged Fascia- Needs repair

HVAC- Condensate vent obstructed, secondary drain pan not properly sloped.

Drywall- Holes need repair, some areas not complete, damaged window sill.

Pocket doors- Frames not properly secured.

Window/Slider- One window lock is offset that needs to be fixed, there is a hole in one of our window screens, and the sliding glass door does not close all the way.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C005 04/21 If you have any questions or comments, please feel free to contact me.

Sincerely,

James Carter James Carter, Investigator 602 7716770 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

Cc: File Respondent

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C005 04/21 Ultra Construction,LLC ROC#330397

PO Box 1647 • Litchfield Park, AZ 85340-1647 • Phone: (623) 606-3875

Garcia, Cassandra & Tyler Phone: 619-565-0144

Buckeye Buckeye, AZ 85396 Print Date: 9-24-2022

Proposal for Custom Home

Ultra Construction is Proud to present this estimate for your new Finished Custom Home.

Items Description Price

002-Septic Allowance to Provide Plans, Prints and Permit for new septic system with Tank $21,275.00 and Leech field

02-Dumpster Provide Roll-off Dumpster(s) throughout project. $2,925.00

03-Excavation Allowance to Excavate land for new home: grading, drainage and additional dirt to $11,700.00 prep for new foundation.

05-Concrete Pour concrete footings for new addition per plans, includes trenching, rebar, j- $22,687.50 bolts, doweling and forms, and increased footing size for garage and laundry existing bearing wall.

25-Termite Termite pretreatment and final grade for new additions $2,760.00

06-Plumbing Allowance to Rough-in and Trim-out plumbing for new home for: 4 toilets, 9 $31,050.00 sinks, 4 showers, 2 washer drains, roof vents, run hot and cold lines, water lines : for fridge(s). Setting and leveling guest/casita/owner suite bathroom tub. Water heater install includes dig/ trenching. *Customer to provide fixtures and tankless water heater **Owner to notify county for new gas meter

05-Concrete Pour foundation slab to match existing foundation height for garage extension, $36,114.60 Laundry room, great room and owner suite extension. Includes filling in foundation from saw cutting for interior home. Includes concrete on new patio.

07-Framing Roof Material for framing new room trusses includes sheathing, straps, hardware $41,725.00 blocking, vents, and delivery

08-Framing Wall Material for framing walls for 2x6" exterior walls and 2x4" interior walls, Glue $37,684.80 Lamb beam for garage includes hardware, straps, sheathing and delivery per plans

08-Framing Wall Labor to frame new additions and interior walls per plans $62,808.00

10-Roof Flashing Provide and install new shingle roof includes 40 felt underlayment, flashing, drip $17,760.00 edge, and vent/hood seals *Customer to choose color for shingles.

11-Siding Stucco entire home to customer choice in texture with 1/2" foam board, paper, $16,552.53 wire and mud. includes window pop-outs *Sand & Synthetic stucco is an additional cost.

24-Specialty Allowance for new garage doors with track, motor, remotes and pad insulated. $7,200.00

12-Electrical Allowance to Rough-in and Trim-out electrical per plans includes upgraded $38,400.00 panel.

13-HVAC Supply and install (2) Trane 16 seer split system heat pump units, (2) air $38,559.40 handlers, line sets, and pads, Includes supply/returns ductwork, grilles, pans under indoor units, (2) new programmable thermostats (6) bath fans, (1) dryer Vent, all necessary labor, materials and system check. Warranty standard (1) year material and labor and workmanship, (1) year parts warranty, (10) year warranty on the compressor and register.

14-Insulation Allowance to Foam Insulate exterior walls with foam and ceiling trusses with foam $13,200.00 insulation.

16-Windows Allowance for new windows for main house and glass doors and serving window $21,600.00 includes install and water proofing

15-Drywall Drywall hang, tape and texture ceilings and walls to customer choice in texture. $18,000.00

19-Cabinets / Vanity Allowance to provide and install new kitchen cabinets, laundry cabinets, and $24,300.00 vanity's includes toe kicks, molding, fillers, scribe install of knows and pulls, with delivery *Customer to Provide Knobs/Pulls

20-Counter Top Allowance for 3 new counter tops of your choice Granite or Quartz includes taxes $4,389.00 and delivery : 20-Counter Top Allowance to Template, Fabricate and install new counter tops for kitchen, $6,988.80 laundry, and vanity's.

17-Doors and Trim Allowance to Provide new Hollow-core interior doors of your choice includes $3,250.00 Sliding closet doors, french doors, and pocket door with all hardware, base boards and door trim for entire house and garage. Garage doors to be Solid core front door TBD. includes delivery

21-Flooring Install customer provided LVP flooring throughout home, includes floating and $8,250.00 grinding slab if needed. Excludes all bathrooms and laundry room

21-Flooring Install tile flooring in All bathrooms and Laundry room $2,131.20

18-Mill-Work Install All doors, base boards and door trim $2,400.00

18-Mill-Work Allowance for Material and Labor for framing shelving for all closets and pantry, $3,000.00

22-Shower Tile Set and level shower drain in master suite water proof shower walls with cement $5,250.00 board and red guard, build shampoo niche and bench install shower wall tile up to ceiling and shower floor tile.

22-Shower Tile Water proof shower walls in guest bathroom with cement board and red guard, $4,375.00 install shampoo niche and install shower wall tile up to ceiling

22-Shower Tile Water proof shower walls in jack & Jill and Casita bathrooms with cement board $6,120.00 and red guard, install shampoo niche and install shower wall tile up to ceiling

23-Shower Glass Allowance to provide and install heavy duty, frameless, treated shower glass with $3,480.00 hardware includes template and delivery for master shower and guest shower.

26-Painting Paint interior doors, ceilings, walls, base boards and door trim includes garage. $8,672.40 Up to 2 accent walls Customer to choose colors. *Ultra to purchase paint and protection

26-Painting Paint exterior of home with up to 3 colors of customers choice in colors $6,022.50 *Ultra to purchase paint and protection

Customer to Provide Allowances for Customer to provide Items: $25,000.00 Kitchen, vanity's, and laundry Sinks with fixtures Washer/Dryer Shower fixtures with trim-out pieces Kitchen Appliances Toilets (4) Tubs with fixture include trim-out pieces Shower wall tile including waste Shower floor tile including waste Tile flooring LVP Flooring Bathroom Accessories Electrical fixtures (Fans, wall fixtures, pendent lights etc...) *Use Ultra Constructions Preferred Vendors for contractor discounts.

Total Price: $555,630.73 : 1. Scope of Work / Contract Documents. Ultra Construction LLC (the “Contractor”) shall build/remodel a Home for Customer, on Customer’s lot, pursuant to this Residential Construction Agreement (the “Agreement”), the following documents and any approved change orders. The foregoing Contract Documents are intended to supplement each other and work together. Should a conflict arise between the Contract Documents, this Agreement shall control over the Plans and the Specifications, and the Specifications shall control over the Plans. If a tabletop, digital or 3-D model of the Home is created, such a model shall be for demonstrative purposes only and shall not supersede the foregoing Contract Documents. Customer acknowledges that any such conceptual model is not necessarily constructed to reflect the colors, materials, dimensions, scale, details or elevations of the Home. 2. Exclusions. The following are generally excluded from this Agreement and supersede the Construction Documents to the extent there is a conflict:

1. Any changes made to existing electrical panel, other electrical changes or additions not specified. 2. Any unforeseen work not specified but required by hidden circumstances (i.e. unexpected septic tanks, structural deficiencies, soil conditions upon the opening or removal of existing walls, floors or ceilings that require a variance in the specified plans and drawings, or that require the performance of additional work in order to construct a safe and sound remodeling addition to the dwelling), then Customer and Contractor agree to execute a *Change order. Also applies to homeowners association (HOA) or landlord. 3. Sound and security systems, phone, CATV, satellite TV, unless included in the Scope of Work. 4. Architecture, engineering, blueprint costs, and permits unless included in the Scope of Work. 5. Discovery, abatement and or removal of any hazardous materials including but not limited to, Asbestos, PCB, Lead Based Paint, Radon or petroleum Hydrocarbon. 6. Contractor is not responsible for the scheduling quality control or supervision of any subcontractor or any others that the Customer has contracted with directly, nor is Contractor responsible for any labor or warranty of any materials purchased or provided by Customer or any of their subcontractors. 7. Any work that is required that is not outlined in the Scope of Work. 8. Customer shall be responsible for providing Contractor with all necessary selections as defined by the Scope of work. 1. Every effort will be made to match existing materials, textures and colors. Exact duplication is not promised. 10. In wall, pest tubes may become disturbed and rendered inoperable during the course of repairs and remodeling by Contractor. Customer should contact an appropriate pest control specialist to rework system as needed. Pest tube alterations performed by others may be performed in conjunction with work performed by Contractor

3. Workmanship. Contractor agrees to construct the Home in a good, workmanlike manner, pursuant to the standards adopted by the Arizona Registrar of Contractors. All materials used to construct the Home shall be new, unless otherwise specified. 4. Payment. Customer shall pay Contractor in accordance with the draw schedule on last page, hereof within fourteen (14) days of Contractor’s application for payment thereof. Should Customer fail to timely pay Contractor any amount as it becomes due, Contractor may, upon 48 hours’ notice, cease work on the Home and pursue any appropriate remedies. Customer shall be responsible for Contractor’s costs and expenses incurred in leaving and securing the jobsite. Should Customer agree to cure the default, Contractor may, at its sole option, return to the jobsite to perform additional work on the Home and Customer shall be responsible for the cost of remobilizing and any additional expenses sustained by Contractor. 5. Cash Purchase. If Customer is paying cash or providing their own financing for construction of the Home, Customer shall provide, if requested by Contactor, assurances to the Contractor, subcontractors and material suppliers that Customer has sufficient funds to cover the entire cost of the Home. If requested by Contractor, Customer shall, within days of the execution of this Agreement and before the Contractor shall be required to begin work on the Home, open and maintain a trust account at a financial institution acceptable to Contractor. Customer shall deposit in the trust account the Contract Price along with instructions that the funds shall be disbursed from the trust account upon : a written request signed by Customer and Contractor, or such other persons as Customer and Contractor may mutually agree upon in writing. Disbursements from the trust account shall be paid to the Order of Contractor. 6. Construction Financing. If a construction lender is used by Customer, Customer shall provide assurances satisfactory to Contractor, subcontractors and material suppliers that sufficient funds are available and committed for the construction of the Home. It is agreed that the construction lender may act as the disbursing agent for construction draws in accordance with the terms of this Agreement or escrow instructions, if requested by Contractor. The lender shall disburse the construction draws pursuant to the draw schedule herein upon receipt of lien waivers from the Contractor (if requested), except that the first draw shall be disbursed to the Contractor without providing lien waivers. Customer is responsible for all escrow charges incurred with the construction loan and funding. If requested by the lender, Contractor shall certify the construction status once per calendar month. If the lender fails to inspect the construction progress within 10 days from the date of Contractor’s payment request, it is agreed that the lender or escrow agent shall be entitled to rely on Contractor’s request and shall not be required to make independent inspection or verification. 7. Contractor’s Payment Of Invoices. Contractor shall pay all valid invoices and charges for materials and labor procured by Contractor for the Home, provided that Customer is not in default in paying Customer’s obligations under this Agreement. Customer recognizes that Contractor is relying on Customer’s prompt payment in order to pay for labor and materials ordered and supplied to the Home. Should Customer default under this Agreement by failing to make any required payment or otherwise, Customer shall indemnify, defend (with counsel selected by Contractor) and hold harmless Contractor, from and against any and all claims brought against Contractor for payment or otherwise by any subcontractor, vendor, governmental entity, homeowners association or material or equipment supplier. 8. Drawings/Plans/Specifications/Shop Drawings. Customer agrees to promptly review, approve and sign any requested drawings, plans, specifications, shop drawings, or work drawings as may be requested by Contractor, subcontractors, or material suppliers so as not to delay work or increase the expenses of the Contractor. 9. Architectural Plans. In the event that the Plans or Specifications for the Home are prepared by someone other than the Contractor, it shall be the responsibility of the Customer to provide Contractor with Plans and Specifications that are prepared and approved by a competent architect, engineer, or other appropriate professional, and Customer warrants that such documents are accurate and free of defects. In preparing its Anticipated Completion Time, cost information and/or the Contract Price, Contractor will rely on the Contract Documents. 10. Cleanup. Upon completion of its work, Contractor shall leave the Home in a neat, broom-clean condition. The exterior of the Home shall be free of construction debris. 11. Utilities. Customer shall install and connect, at Customer’s cost, all necessary utilities and make such improvements in addition to the work covered by this Agreement as may be required by Customer’s lender, lienholder, homeowners association, or any public authorities or public utility companies. 12. Required Changes. The location of utility lines, utility improvements, sewer taps, lot lines, easements and setbacks may vary; access to the jobsite may be limited or otherwise restricted; homeowners association rules or deed restrictions may apply; and other conditions may exist which may require modification of the Plans, Specifications, Contract Documents or jobsite in order to address such conditions. Customer shall be responsible for the costs relating to addressing such matters. 13. Acts Of Customer Or Customer’s Agents. Contractor is not responsible for any damage, injury or delays caused by Customer or Customer’s agents, acts of God, theft, vandalism or other causes beyond Contractor’s control. 14. Jobsite Dangers. Customer acknowledges that entry upon the jobsite can be dangerous and that hazardous conditions may exist, including those which are not readily visible. Customer shall not enter the jobsite without an accompanying representative of the Contractor. Customer’s entry to the jobsite shall be solely at Customer’s own risk and Customer hereby waives any and all claims against Contractor for injury or loss to person or property arising out of, or in connection with such entry by Customer or any other person accompanying Customer or entering the jobsite at Customer’s direction; and Customer shall waive, defend, indemnify, and hold Contractor harmless from and : against any and all injuries, losses, damages, expenses and claims to persons or property arising out of, or in connection with, any such entry. 15. Commencement / Completion. To the extent possible, Contractor shall commence work under this Agreement (“Commencement of Construction”) within 30 days after all of the following have occurred: 1. All necessary building permits and other permits have been issued; 2. Receipt of written notice from Customer’s lender, lienholder and title company, as applicable, confirming that all necessary documents have been properly completed; 3. The jobsite has been properly prepared by the Customer for commencement of construction (unless Contractor is undertaking the site preparation); and 4. Contractor has received satisfactory confirmation that the funds for the construction of the Home are available and designated for the construction of the Home.

Contractor shall endeavor to have the Home substantially completed and/or a temporary Certificate of Occupancy issued around the Anticipated Completion Time, subject to extensions and/or delays addressed in this Agreement. 16. Changes In Laws Or Rules. To the extent that applicable laws, codes, ordinances, covenants, rules or other such governmental or homeowners’ association requirements should change after the execution of this Agreement, Contractor is authorized to comply with all such changes or modifications, at Customer’s expense, and this Agreement shall be deemed automatically modified to comply with such changes. 17. Association/Architectural Approval. If the Home is to be constructed in an area subject to a homeowners’ association; a private governing authority; covenants or deed restrictions; architectural guidelines or restrictions; rules etc., Customer shall be responsible for insuring that the Plans, Specifications, elevations and other applicable aspects of the Home and Contract Documents are in compliance and have been approved by the appropriate authorities. Contractor shall be entitled to additional compensation if it agrees to undertake such acts for Customer and Contractor may require an approved change order. 18. Governmental Approvals/Taxes. Customer shall obtain at its expense all required governmental permits and approvals of the construction of the Home and shall pay all taxes associated with the Home. 19. Delays/Disruptions. Additional time shall be added to the Anticipated Completion Time, as is reasonably required, if construction of the Home is delayed by: 1. Acts, delays or disruptions caused by Customer, their lender, lienholder, escrow agent, homeowners associations, contractors, professionals, vendors or any of Customer’s agents or employees (including cumulative disruptions); 2. Failure of Customer or Customer’s lender to timely make any payments under this Agreement; 3. Acts of God; Stormy or inclement weather conditions; Strikes, boycotts, or delays in obtaining materials or services; or Accident or damage to the work not caused by the Contractor; 4. Change orders or extra work requested by Customer or its agents, or public or private authorities and timely payment for said work; 5. Adverse soil or site conditions; or 6. Other justifiable cause disclosed by Contractor. 20. Delay In Commencement. In the event work on the Home is not commenced within 90 days after the execution of this Agreement due to circumstances for which Contractor is not responsible, Contractor or Customer may, at their option, cancel this Agreement upon seven (7) days written notice, in which event Contractor shall refund to Customer any deposits provided by Customer except for any funds expended by Contractor on behalf of the Customer as well as a reasonable amount to cover Contractor’s office, overhead, lost profit, travel, and other expenses incurred. 21. Delays Caused by Customer. Should Customer or its representatives delay work on the Home, Customer shall be responsible for the additional costs incurred by Contractor including, but not limited to, additional management and supervision costs, insurance, security, utilities, overhead, and increased costs of labor and materials. Should completion of the Home be delayed by more than 30 calendar days as a result of the conduct of Customer or its agents or representatives, Contractor shall be entitled, in addition to the foregoing types of damages, to cease : further work on the Home and shall be entitled to payment of twenty percent (20%) of the remaining balance of the Contract Price.

22. Insurance. Unless Contractor agrees otherwise, prior to commencement of work, Customer shall obtain and pay for, at Customer’s expense, an “all risk” course of construction policy of insurance for the Home, in an amount not less than the Contract Price. The policy of insurance shall name Contractor as an additional insured and shall cover Customer, Contractor, subcontractors, vendors and any construction lender; and the policy shall not be cancelable without thirty (30) days prior written notice to Contractor. Should Customer fail to timely procure the foregoing insurance, Contractor may, but is not required to, procure such insurance as agent for and at the expense of Customer, and such expense shall be treated as a change order. Additionally, Contractor’s Builder’s Risk Insurance will cease upon the issuance of a Certificate of Occupancy, at which time insuring the Home shall be the responsibility of Customer. 23. Customer’s Allowance Items. If applicable, Customer may have designated budgets or allowances for certain types of items that Customer will select after execution of this Agreement including, but not limited to, flooring, cabinets, appliances, counter-tops, fixtures, technology, and landscaping. The actual costs may differ dramatically depending upon the Customer’s choices. Should the cost of Customer’s selections exceed the designated allowance, Customer shall immediately pay to Contractor all amounts in excess of the allowance, regardless of the Contract Price. 24. Customer Selections. Customer may make selections of colors, textures, sizes, wood grains and the like for flooring, cabinets, woodwork, paints, concrete, pavers, stone, and other colored, textured or sized items. Even though Contractor will make reasonable efforts to meet Customer’s requests, Contractor cannot guarantee exact matches. Customer agrees to promptly select all interior items (i.e., flooring, cabinets, appliances, fixtures, etc.) prior to the completion of the framing, and to select all exterior items (i.e., paint color, landscaping, hardscape, swimming pool, etc.) prior to completion of drywall. Customer must advise Contractor of the items selected (i.e., prices, model numbers, colors, and all related details). Customer’s failure to timely select the items shall be a material default under this Agreement, may delay the Anticipated Completion Time, shall entitle Contractor to cease work on the construction of the Home and/or shall subject Customer to Contractor’s damages for delays, shutdown, and/or remobilization. 25. Change Orders. If Customer, Customer’s representative, lienholder, lender, public or private authority, or homeowners association orders or requests any modification, alteration or deviation from the Contract Documents, such items shall be considered extra work for which a prepaid change order shall be required. Subject to Contractor’s sole discretion, Contractor may allow Customer to make changes to the Contract Documents subject to the terms and conditions of this Agreement. All modifications, alterations or instructions shall be made by written change order, signed by both Customer and Contractor, specifying the additional cost or credit applicable to the change. A 20% contractor’s fee shall apply to change orders to cover additional overhead, supervision and profit caused by the change. Contractor shall also be entitled to additional compensation for changes that require additional management or supervision, or that may delay completion of the Home. Customer shall pay for any changes at the time the changes are approved by Contractor. Customer recognizes that changes may extend the Anticipated Completion Time and that even omitted items may create delays or additional costs.

Untimely, unsigned, unapproved or unpaid change orders shall not be binding on Contractor, and Contractor shall be entitled to proceed with construction of the Home without delay and without consideration of the unexecuted change order. Contractor has the right to refuse to perform any requested change, in its sole discretion. 26. Materials. The Home may contain natural or manmade materials that may not be uniform in color, that may cure differently, and that may take on different characteristics as they age, including, but not limited to stone, grout, tile, wood, woodwork, roof materials, masonry, concrete, paint, pavers and finishes. Such items may also be subject to imperfections such as differences in texture, size, etc. Many such items and products are unique, they may take on their own inherent characteristics over time, they may age differently, and they provide uniqueness so that no two : installations will be identical. Such qualities and uniqueness are normal and are not defects. Due to potential settling and cracking of concrete or other sub-surfaces, which is normal, Contractor cannot warrant the installation of materials (such as tile or stone) over such surfaces, beyond the initial installation in a proper workmanlike manner. 27. Concrete/Stucco. Customer understands that concrete and stucco will crack due to drying/shrinkage or other normal conditions, even with the installation of control joints, and that those conditions could reflect through adjacent surfaces (tile, stone, etc.). This is not a defect and Customer releases Contractor from responsibility to repair or replace grout or other surfaces affected by such conditions. 28. Site Conditions. Customer shall be solely responsible for the conditions of the lot and building site with respect to finished grading, moisture, drainage, alkali content, soil slippage, sinking, and any other site conditions that may exist and which could subsequently result in damage to the Home, unless addressing such conditions are specifically made a part of this Agreement or otherwise addressed in the Contract Documents. 29. Termination by the Contractor. The Contractor may terminate this Agreement for any of the following reasons: 1. If the work is stopped for any reason for a period of thirty (30) consecutive business days through no act or fault of the Contractor or any other persons or entities performing work on behalf of the Contractor. Contractor may terminate the Agreement for this reason upon giving Customer seven (7) days written notice. 2. Material breach by Customer (i.e., delays, interference with the work, failure to make timely payments or make necessary decisions or selections, etc.). 3. If Contractor obtains reasonable evidence that Customer may be unable to meet its financial obligations under this Agreement, or if Customer fails to provide adequate proof of ability to meet financial obligations within seven (7) days of Contractor’s request.

If the Contractor terminates this Agreement under this Section, Contractor shall recover from the Customer, among any other permissible damages, for all work performed through the date of termination, any Costs associated with shutting down, demobilizing and leaving the jobsite prematurely, and the twenty percent (20%) of the remaining Contract Price based on the anticipated costs had the Home been fully completed by the Contractor. 30. Termination by the Customer. The Customer may terminate this Agreement for the following causes (provided that Customer is not in material breach of this Agreement): 1. Contractor persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials. 2. Contractor fails without justification to make payment to subcontractors for materials or labor in accordance with the respective agreements between the Contractor and subcontractors. 3. Contractor persistently disregards laws, ordinances, rules, regulations or orders of a public authority having jurisdiction or persistently disregards any material deed restrictions applying to the Home. 4. Contractor persistently fails to follow the Contract Documents.

Customer shall not be entitled to terminate this Agreement except for cause as provided herein. Customer may terminate this Agreement for the causes set forth above only upon giving Contractor seven (7) business days written notice of Customer’s intent to terminate. If Contractor cures the default within seven (7) business days (or such longer time as may be required to properly cure such item(s) of receiving the notice of termination shall be deemed rescinded. Should Customer properly terminate this Agreement for cause as stated herein, Contractor shall pay Customer, as Customer’s sole remedy, any costs Customer incurs to repair or replace the work performed by Contractor that does not conform to the Contract Documents. 31. Warranty. Except to the extent otherwise excluded herein, Contractor warrants its workmanship to be free of defects for a period of two (2) years from the date of the earlier of substantial completion, the issuance of a temporary certificate of occupancy, Contractor’s certification of completion, occupancy of the Home in whole or in part by Customer or its designee, or Customer’s storage of personal property at the Home (collectively “Possession”). 32. Warranty Exclusions. Contractor does not warrant the following items: 1. Normal wear and tear, aging, weathering and settling of surfaces and materials; : 2. Damages resulting from abusive or unreasonable use, theft, vandalism or lack of appropriate maintenance. 3. Appliances, equipment, and other materials covered by a separate manufacturer’s or distributor’s warranty. 4. Cracking, checking, efflorescence, discoloration, and similar conditions of concrete, cement, stucco, masonry, plaster, asphalt, stone, and similar materials due to climate or soil conditions, or other conditions not directly related to the installation of such items. 5. Variations of color, shade, texture, grain, and the like as to wood, stone, tile, concrete and concrete products, wall coverings, and similar natural and manmade products. 6. Modification of any work or materials supplied by Contractor either during or after the term of this Agreement. 7. Products or materials supplied by Customer. 8. Scratches, drywall damages, dings, glass or cabinet scratches, cracks, paint, and finish and cosmetic items that are not reported to Contractor within five (5) calendar days after Customer takes Possession of the Home. 1. Work or conditions caused by Customer, their representatives or agents, or third parties. 33. Warranty Requests. All warranty work requests shall be made to Contractor, in writing. Contractor shall take reasonable actions, during normal business hours, to repair or replace such work that is found to be defective. 34. Limitations On Damages and Warranties. Except as provided in this Agreement, Contractor shall not be liable to Customer or any third party for any lost profits, consequential damages, loss of use, loss of rent, financing expenses, or any other direct or indirect costs, damages or expenses. . Customer acknowledges that liability insurance maintained by Contractor cannot & will not cover MOLD under any circumstance & therefore Contractor cannot be held responsible under any circumstance. Many of the products to be supplied to the Home come with their own manufacture’s warranties, including, but not limited to air conditioners, furnaces, water heaters, refrigerators, plumbing fixtures, and other appliances. Contractor does not warranty such items and hereby limits and disclaims any warranty on any such items that may be included in this transaction. CONTRACTOR DOES NOT WARRANT THESE TYPES OF PERSONAL PROPERTY FOR ANY USE, FITNESS FOR USE, WORKMANSHIP, QUALITY OR OTHER PURPOSE. THIS LIMITATION DOES NOT AFFECT THE WARRANTIES PROVIDED BY THE MANUFACTURERS OF SUCH ITEMS.

Customer shall indemnify, defend and hold harmless Contractor for any warranty or other claim claim, express or implied, made by a subsequent purchaser of the Home against Contractor, unless Contractor: (a) is provided an opportunity by written notice to inspect any alleged deficiencies expressly identified at the Home prior to the termination of any due diligence period under the purchase contract between Customer and the subsequent purchaser; and (b) is provided a reasonable opportunity to correct any legitimate deficiency. 35. Alterations of Work. Should Customer or others alter any of the materials or work supplied by Contractor or its subcontractors or vendors, either during or after the term of this Agreement, Contractor and its subcontractors and vendors shall be released from any and all claims and warranties related to such items and workmanship, and any related repair, restoration or replacement costs. 36. Punch List Items. Contractor strives to provide quality work, but also recognizes that certain items may require further attention after Possession. Upon completion of the Home, there may be items that Customer believes need additional attention by Contractor. Except as otherwise excluded herein, within sixty (60) calendar days after Possession by Customer, Customer shall submit a written punch list to Contractor identifying any perceived punch list items that need additional attention. Contractor will then have thirty calendar (30) days, or such additional time as may be reasonably necessary, to address the items on the list and Customer must provide Contractor with access to the Home during Contractor’s normal business hours.

After the foregoing period, if there is a dispute as to whether an item on the list is defective or requires additional work or repairs, a neutral third party, mutually selected by Contractor and Customer (the “Inspector”), shall conclusively determine whether any such item is in need of correction. To preserve the independent nature of the Inspector, none of the parties to this Agreement or their representatives shall have any private communications with the Inspector. The Inspector will be given mutually agreed written instructions by the Customer and the Contractor regarding the protocol for the : inspection. The parties will equally divide the cost of the Inspector. The Inspector will perform an inspection of the punch list items with both parties present (including any experts or representatives they desire), and both parties will be permitted to verbally explain their positions to the Inspector. If the Inspector concludes that an item on the list submitted by the Customer is in need of correction and that the Contractor failed to timely correct the item, the Contractor shall be required to pay an administrative fee to the Customer in the sum of $50.00 for each such item, to cover the time and expense the Customer incurred in addressing the item. Correspondingly, if the Inspector determines that an item on the list does not require additional action or that the Customer interfered with Contractor’s ability to correct the item, then the Customer shall be required to pay to the Contractor a $50.00 administrative fee for each such item to cover the cost and expenses incurred by the Contractor in addressing that item, and the Contractor shall be released from further correcting the item. In addition to the foregoing, if the Inspector should determine that a punch list item is in need of additional corrective action, the Contractor shall have thirty (30) days or such additional time as the Inspector deems reasonable, to perform any additional work directed by the Inspector. If, after that time, the Customer still asserts that an item has not been properly performed, the Inspector will reexamine the items and will assign a dollar value (the estimated cost to correct the item) to any item that still requires remedial work and the Customer will be entitled to payment of that monetary amount from Contractor as their sole remedy. Correspondingly, should it be determined that none of the items on the list require correction, that the complaints are negligible, or that the Contractor is not responsible for the item, then the cost of the Inspector shall be the sole responsibility of the Customer. 37. Notice Of Claim. As a condition precedent to commencing any dispute resolution proceedings as set forth in Section for any claim related to alleged defective or substandard workmanship, or defective or substandard materials (collectively, “Defects”), Customer shall provide written notice itemizing and describing in detail any and all Defects within ninety (90) days of the appearance of any evidence of such Defects. Contractor shall have the opportunity to inspect and cure all items listed in the notice within a reasonable time period, but not less than sixty (60) days from receipt of the notice. If Contractor makes no written response to the notice within sixty-five (65) days of receipt, Customer shall have thirty (30) days thereafter to commence the dispute resolution proceedings under Section 38 below. If Customer fails to meet any of the requirements of this Section 37, any claims of Defects are deemed waived and forever released. Customer agrees that sufficient consideration has been provided to Customer to agree to Sections 37 and 38,and Contractor enters into this Agreement relying on Customer’s agreement to the same. 38. Disagreements. Except as otherwise provided in this Agreement and for a lien foreclosure action, all claims or disputes of any nature whatsoever between Contractor and Customer, including any claims arising out of this Agreement, construction of the Home, Defects, the work to be performed, or payment obligations shall be resolved through the American Arbitration Association (“AAA”) and shall be subject to the Construction Industry Arbitration Rules and the Arizona Revised Uniform Arbitration Act. As a condition precedent to filing an arbitration complaint, the moving party shall first serve a mediation demand on the other party, and Contractor and Customer shall participate in a good faith mediation within 120 days thereafter using a neutral third-party mediator, with the cost to be divided equally. Any dispute as to the validity of this mediation or arbitration provision shall be resolved by arbitration through the AAA. Each party shall have the right to strike all of the candidates submitted by the AAA and to obtain additional lists of prospective mediators or arbitrators. However, each party shall be limited to striking no more than ten (10) proposed individuals. The parties may mutually agree to use a private mediator or arbitrator in lieu of proceeding through the AAA.

The decision of the arbitrator shall be based on applicable law and judicial precedent. The AAA shall not have the authority to make an award contrary to applicable law. The decision of the arbitrator shall be made in writing and shall include findings of facts as well as a general statement of the law relied on in rendering the decision. If either party applies to a court for an order confirming, modifying or vacating the arbitration award, the court’s jurisdiction shall be limited to reviewing whether, as a matter of law based on the findings of facts determined by the arbitrator, the award should be confirmed, modified or vacated in order to correct any errors of law. The arbitrator shall award attorneys’ fees, costs and expenses in accordance with this Agreement and Arizona statutes. : 39. Choice Of Law And Venue. The laws of the State of Arizona shall apply to this Agreement and the parties. Jurisdiction and venue for any dispute shall be resolved in Maricopa County, Arizona. 40. No Setoff Or Hold Backs. Customer shall not withhold or offset any payments to Contractor except as expressly provided in this Agreement. Upon completion of the Home, Customer and Contractor will resolve any monetary disputes. 41. Final Payment. Notwithstanding any other provision to the contrary, final payment in full of the Contract Price is required upon Possession. 42. No Occupancy. Customer shall not occupy the Home or store any personal property at the Home until authorized to do so by Contractor, in writing. Violation of this provision shall be deemed a material violation of this Agreement and shall also entitle Contractor to final payment. 43. Attorneys’ Fees And Costs. In the event of any material breach of this Agreement, or in the event of any reasonable dispute arising out of this Agreement, the prevailing or non-defaulting party shall be entitled to recover from the other party its reasonable attorneys’ fees, costs, expert fees, filing fees, arbitration fees, collection expenses, and out of pocket expenses, whether or not arbitration or litigation is commenced. 44. Publicity. Contractor is permitted to capture images of the Home and to reprint and display said images for promotional purposes and shall have reasonable access during the course of construction for purposes of displaying the Home. 45. Time Of The Essence. Time is declared to be of the essence of this Agreement. 46. Binding Effect. This Agreement shall be binding upon the heirs, assigns and personal representatives of the parties hereto. 47. Prohibition On Assignments. This Agreement may not be assigned by either party without the express written consent of the other party. Any assignment or attempted assignment to the contrary shall be void. 48. No Separate Agreements. During the course of construction, absent the written consent of Contractor, Customer shall not enter into any separate agreements or transactions with Contractor’s subcontractors, vendors or material suppliers, nor shall Customer circumvent or interfere with Contractor’s relationship with its subcontractors, vendors or material suppliers. Only contractors and vendors approved by Contractor shall work on the Home. 49. Complaints With The Registrar Of Contractors. Customer has the right to file a written complaint with the Arizona Registrar of Contractors for an alleged violation of ARS §32-1154(A) within two years of the earlier of the close of escrow or actual occupancy for a new home. The phone number form the AZ ROC is (602) 542- 1525 and the website is www.azroc.gov 50. Conflict Of Documents. Should Customer observe any conflicts or defects in the Contract Documents, Customer shall promptly notify Contractor. 51. Miscellaneous Provisions.

1. Customer understands and is aware that if their project involves roofing repairs or partial installation of roofing including tile and/or shingles that Contractor will make every attempt to locate a close match of your existing roofing materials. No exact match can or will be guaranteed due to the age of your structure and/or availability. In some cases, obsolete roofing materials may be purchased, or fabricated but at an increased cost which will be absorbed by the Customer. In the event that roofing materials are not available, then other options can be discussed which may include replacing the entire roof. 2. If job scope includes a water softener, it will include a “startup meeting” only. 3. Contractor shall provide a cleanup and removal of waste materials, rubbish and have the construction site in a reasonably orderly condition during the project. Drop clothes may be hung or laid to prevent damage to walls, floors, railings etc. Contractor will block off area with plastic sheeting and/or temporary framing materials; Contractor shall remove all leftover materials, equipment and rubbish at the completion of project and shall leave the above described real estate in a broom clean condition. 4. Contractor will furnish a Certificate of Insurance upon request. 5. MATERIALS: Quartz type material: Since Quartz type countertop materials are man-made, each slab is produced : separately, variations/differences in color, tone, and pattern may exist for each individual slab and when seamed together such differences may be present and noticeable. External variables such as lighting, shadowing, location in the room, etc. may make those variations more pronounced. Additionally, Pre-colored Epoxy comes in a limited range on colors, therefore the majority of jobs require us to mix/color match the Epoxy used to glue countertop seams together on site by hand. While mixing a custom color does help provide a closer color match to the countertop material being installed, there is absolutely no way to guarantee an exact color match, and a noticeable difference in color between the Epoxy and the Countertop Material is to be expected. Seams are to be expected on most applications. Quartz countertops are unable to be polished; therefore seams may be more noticeable/rough to the touch in some cases. 6. Natural Stone Type Countertops: Natural Stone is a product of nature and may have color/pattern variation, pits, and fissures, fill marks, scratches, and other cosmetic flaws. Contractor is not able to or responsible for altering/fixing the stone in any way. -Due to the inherent pattern variation of natural stone, Contractor cannot make any guarantee of pattern matching on seams/backsplash areas. Natural stone that is brittle/schist in nature may result in wider/uneven seams/lamination lines. Natural stone is factory polished. Any sealing of countertops is responsibility of Customer and may require periodic reapplication. 7. Cabinetry/Wood Finishes: Wood is a product of nature and may have grain/pattern variation, discoloring, knots, splits, and other cosmetic flaws. Contractor is not able to or responsible for altering/fixing the cabinetry/wood finish in any way. -Due to the inherent texture/grain variation in wood, pattern/finish will vary throughout the product. Contractor cannot make any guarantee regarding the consistency in the grain pattern/finish on the cabinetry/wood product. 8. Landscape & Irrigation: Repairs, replacement, relocation, transplanting, pruning, programming, and redesign or any/all plants, shrubs, trees, bushes, cactus etc., yard lighting, sprinklers, irrigation valves, pipes, timers and rain and storm drains are not covered in this contract. All items listed above are the sole responsibility of the Customer. Customers advised to contact a licensed landscaping company for any of the above work prior to, during, and after work is performed on structure by Contractor. Plants should be transplanted as needed and landscape lighting should be disconnected and removed from work areas prior to work commencement. Irrigation lines will most likely be disturbed and require repairs and rerouting during construction work. Customers responsible for all such repairs etc. and should make arrangements to have any and all landscape/ yard work done in conjunction with Contractor work by an appropriate specialty contractor. 1. Contractor shall not be responsible for any damages to any of the interior or contents of the structure whereupon the work is to be performed, caused or occasioned by leaks either before, after or during application other than that directly caused by defects in workmanship and/or material. 10. Unless specifically stated to the contrary in the plans and specifications this agreement does not guarantee roof drainage nor include any downspouts, gutters, pipe flashings or other material as may be required to drain water from the roof. 11. The authentic respect for others when expressing, disagreement, disparity, or controversy will be exhibited at all times. Foul language, verbal abuse, or physical abuse will not be tolerated at any time and can/will void our contract. Communication involves time, presence, and a willingness to engage in genuine discourse and a sincere intention to seek common ground.

52. Entire Agreement. This Agreement and the documents referenced herein constitute the entire agreement between Contractor and Customer, and neither party shall be bound by any verbal or other understandings, agreements, promises or representations, expressed or implied, which are not specified herein. This Agreement may not be modified except in a writing executed by Customer and Contractor. All remedies pursued by any Party to this Agreement shall be contained or provided for in this Agreement, and the Parties waive all tort claims and remedies not expressly provided for herein. 53. Grading/Drainage/Modifications. The jobsite will be constructed per the approved Plans, including grading and drainage. Screen walls and fences are decorative and not designed to support changes in grade or other improvements. Contractor is not responsible for subsequent modifications to the Home or jobsite which alter the : original grading, drainage or construction. 54. Severability. Should the AAA, a court, or other tribunal of competent jurisdiction determine that any provision of this Agreement is contrary to law or otherwise unenforceable, the remaining portions of this Agreement shall remain in full force and effect. 55. No-Waiver. Except for an express written waiver from Contractor, no actions or in-actions by Contractor shall be construed as waiving any rights under the Contract Documents or the law. 56. Titles. The titles and caption headings herein are for convenience and reference purposes only and do not limit or define the contents thereof. 57. Notices. All notices to Contractor or Customer shall be either hand delivered to the addresses specified herein, including courier delivery, or sent via certified mail to the address listed for the party. In addition, a courtesy notice shall also be issued via fax or email. Notices sent via certified mail shall be deemed received five (5) days after deposit in the U.S. Mail, regardless of whether the recipient signs for the mail.

Project Price: Customer shall pay the total amount of $555,630.73 (the “Contract Price”) in accordance with the following draw schedule: $111,126.73 Due upon signing agreement / material start up costs $55,563.00 Due upon completion of Concrete $55,563.00 Due upon completion of Framing $55,563.00 Due Upon Completion of Rough-in's $55,563.00 Due upon completion of Drywall $55,563.00 Due upon completion of Cabinet Install $55,563.00 Due upon completion of Flooring $55,563.00 Due upon completion of Paint $55,563.00 Due upon completion of punch work

Contractor: Ultra Construction, LLC 2029 N 213th Dr Buckeye, AZ 85396 623-606-3875 Email: [email redacted]

Customer(s): Address:

Fax: ( ) E-Mail:

Ultra Construction, LLC

By:

Date:

Customer(s) : (Customer Name -Printed)

Customer Signature

(Customer Name -Printed)

Customer Signature Date:

I confirm that my action here represents my electronic signature and is binding.

Signature:

Date: Feb 22, 2022, 7:20 AM

Approved by: Garcia, Cassandra & Tyler : RECEIVED LEGAL 10/27/2023

PALECEK & PALECEK PLLC ATTORNEYS AT LAW 6263 N. Scottsdale Rd., Suite 144 Scottsdale, Arizona 85250 Telephone: (602) 522.2454 Facsimile: (602) 522.2349 JAMES J. PALECEK #015953 [email redacted] Attorneys for Respondent BEFORE THE REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA Cassandra Garcia, CASE NO. 2023-06801 COMPLAINANT, RESPONDENT’S WRITTEN ANSWER -v- TO CITATION AND COMPLAINT Ultra Construction, LLC, License No. ROC 330397, RESPONDENT. Respondent Ultra Construction, LLC (“Ultra”), License No. ROC330397, by and

through undersigned counsel, hereby responds to the allegations set forth in the Citation and Complaint dated October 11, 2023, as follows: GENERAL DENIAL OF ANY AND ALL CLAIMS In general, given that the Registrar’s allegations are vague and non-specific as to

specific complaint items in the original complaint lodged by the homeowners (the Garcias), Respondent Ultra denies any and all liability for any and all claims that might be the subject of the Registrar’s allegations in its “Citation” (and Complaint). The Registrar’s allegations are simply not specific enough for Ultra to set forth more specific

denials and, as such, it is requested that this Citation be amended to provide specific allegations against Ultra so that Ultra is given proper notice of specific workmanship RECEIVED LEGAL 10/27/2023

items and other specifics as to alleged statutory violations so that it has a fair opportunity to present an informed defense.

I. Defenses to Charges The following defenses are in addition to the defenses set forth above: (1) Charge 1: A.R.S. § 32-1154(A)(3) – R4-9-108(a)

Respondent Ultra denies that it has violated A.R.S. §32-1154(A)(3), and it denies all allegations made by the Registrar, without knowledge of the specific allegations that the Registrar has determined remain after the corrective work that Ultra performed in good faith and in a professional and workmanlike manner.

Ultra further specifically denies that it has failed to comply with any corrective action directed by the Registrar’s Inspector James Carter. Ultra acted diligently and in good faith to perform corrective work as dictated by the contract documents and by the parties’ agreements. See below and see the file records lodged by Ultra in its

“Notification of Compliance” package before the deadline to complete corrective work. A copy of the letter is attached hereto as Exhibit A. The enclosures are on file with the Registrar of Contractors. Ultra has at all times acted in good faith and as a competent and professional

licensee to take corrective action during this entire investigation process. Respondent was

also ready, willing, and able to perform the roofing work, but it was denied access by the ROC Inspector James Carter. Inspector Carter’s determination on 9/25 was incorrect, based upon a false premise,

unlawful, arbitrary, capricious, and an abuse of power. See below.

RECEIVED LEGAL 10/27/2023

In addition, it is believed that the Garcias have been self-performing work and have engaged other contractors prior to the completion of this administrative process, and, to the extent that the work self-performed has any relation to the corrective work performed

by Ultra, then any remaining workmanship issues being alleged by ROC Inspector Carter

(following the compliance inspection) should be dismissed with prejudice. To this day, the ROC has not provided to Ultra any analysis by Inspector Carter regarding the items inspected on 9/25, further violating Ultra’s due process in preparing

its defense.

(2) Charge 2: A.R.S. §32-1154(A)(22) Respondent Ultra denies that it has violated A.R.S. §32-1154(A)(22), and it denies

all allegations made by the Complainant. It further denies that it has failed to comply with

any corrective action as Ultra has taken part in the “corrective work” process completely and timely. Please see Exhibits A, B, C, and D, attached to this Response and the entire file on record with the Registrar of Contractors. Please also listen to the Video Clip,

included with this submission at Exhibit E.

As set forth in detail below and as is clear from the evidence of record, Respondent Ultra timely requested additional time to complete the investigation for the roofing repair work, which was performed by subcontractors to Ultra, and the Inspector granted

additional time (until 9/22) to determine a new schedule only BEFORE an additional

extension of time for roof repairs would be provided. Ultra timely communicated with the Complainant, as requested by the Registrar’s Inspector Carter, regarding a new

RECEIVED LEGAL 10/27/2023

schedule for roof repairs, and Complainant approved. ROC Inspector James Carter’s unlawful denial of access to Respondent Ultra The Registrar’s Inspector James Carter, exceeding his authority and wholly without

legal support, advised the Garcias (the homeowners) that they did not have to use Ultra for

the roof repairs. He also conveyed to Ultra and its representatives falsely that all options proposed by Ultra were declined by Complainant. In fact, there is clear communication, set forth below, that Ms. Garcia approved of

Ultra’s timely submission with respect to a roof schedule of repairs.

Equally important, the Garcias did not have the right to decline the schedule, despite Inspector Carter’s inference (Mr. Carter mistakenly asserts, again, that the 9/22 deadline was to complete reparative work. That is not true, as borne out by his own

emails).

Ultra had the absolute right to make repairs, and it had a roofing subcontractor ready, willing, and able to start performance. See Exhibit C emails, emails dated 9/25 with highlighted language.

So, not only did Inspector Carter exceed his authority in advising the Garcias that

they did not have to accept any options submitted by Ultra, but he also made a false statement that the Garcias had declined the schedule options timely proposed by Ultra. See Chronology of Relevant Facts, below.

In sum, due to Inspector Carter’s abuse of power and his exceeding his authority

with absolutely no legal or factual support, Ultra was DENIED ACCESS for the roof repairs, and, therefore, the issues related to the roof should be dismissed in their entirety

RECEIVED LEGAL 10/27/2023

with prejudice. Further facts in defense to any allegations to be inferred from the Registrar’s Citation are set forth below:

Chronology of Relevant Events

On September 12, 2023, Ultra lodged with the ROC its Notification of Directive Compliance, setting forth with pictures and narrative in detail Ultra’s good faith and professional efforts to address and complete the workmanship issues noted by the

Inspector James Carter (“Inspector Carter”) in the ROC’s Written Directive. See Exhibit

A, attached hereto. A. Timely Request for Extension as to Roof Issue filed by Ultra As part of Exhibit A, on September 12th, Ultra requested an extension from Mr.

Carter on the roof issue noted in Inspector Carter’s written directive. As set forth in the

attached Exhibit A, Ultra in good faith explained to Inspector Carter that the roof issue needed analysis, as it had to be determined what was causing the underlying issue. Ultra, as a professional contractor, took the appropriate step of hiring a roof consultant to

investigate, as is stated in the Exhibit A letter.

In response, on September 13th at 8:10 a.m. Inspector Carter mistakenly stated that “the directive expired on 9/8/2023…an extension should have been requested before…” In a response email, Ultra pointed out to Inspector Carter that the directive did not

expire until September 15th.

Inspector Carter noted his mistake, saying “…you are 100% correct, I had the wrong date written on my calendar. I will contact Ms. Garcia ASAP and correct that. I

RECEIVED LEGAL 10/27/2023

would encourage you to discuss the roof with her and I will grant an extension to 5/22/2023 (sic) to be able to come discuss with her what options on the roof.” Ultra responded to make sure Inspector Carter meant 9/22 to discuss options for the

roof. Mr. Carter confirmed in a September 13th email to the parties that he meant 9/22 for

those communications to take place, stating: “Today’s meeting will be cancelled. The extension to 9/22 will be so the parties have time to discuss then whatever option is chosen will determine the amount of time need to extend for the repairs.”

See Exhibit A emails (highlighted), included after the September 12th letter.

B. Ultra thereafter FULLY complied with the direction from Inspector Carter in these Exhibit A emails to communicate with Ms. Garcia to choose an option to determine the amount of time to extend for repairs.

As set forth in Exhibit B, attached hereto, Licensee Ultra fully and timely complied with the direction from Inspector Carter to communicate with Ms. Garcia as to roof repair

options and schedule. See letter communicated to the homeowners by Ultra on September 22nd, attached hereto as part of Exhibit B. Thereafter, Ms. Garcia was satisfied with the schedule proposed by Ultra, stating to Ultra on two separate occasions on September 22nd: “..Its time this gets handled with

speed, care, and competency…” AND “Good news is, Ultra should be able to get the ball

rolling sooner than later, and I have updated Mr. Carter to keep him in the loop as well.” See Exhibit B emails, attached hereto.

RECEIVED LEGAL 10/27/2023

C. Exceeding his power and authority and contradicting his own direction to the parties, Inspector Carter rejects the parties’ agreement on a roofing repair schedule and, abusing the authority promulgated to him by the ROC, informs the homeowners that they do not have to use Ultra’s new roofer.

Inspector Carter, having been kept in the loop by Mrs. Garcia, now has information

in his possession that the parties have had time to discuss the options by 9/22 and are in agreement on the timing on repairs. Yet, without any authority under any rule published by the Registrar of Contractors to any affected party, the Garcias inform Ultra and its

representatives that Inspector Carter advised the Garcias that they do not have to use

Ultra’s roofer because the 9/22 deadline had passed. See Exhibit C emails, attached hereto.

D. Inspector Carter thereafter sends out by email a determination that is completely incorrect and contradicted by his own previous emails. On 9/25, Inspector Carter emails his determination that the Garcias did not have to

allow Ultra further access to their property based upon a false and incorrect interpretation of his own direction, when, in fact, Licensee Ultra was ready, willing, and able to begin roofing repair work through a subcontractor. Inspector Carter determines, without any factual or legal support, that 9/22 was the

deadline for reparative work, when it clearly was not. When Ultra confronted him with

the facts, Inspector Carter ignored further communication. See email correspondence with Inspector Carter dated 9/25 at Exhibit D. This extraordinary overreaching by Inspector Carter is not legal nor ethical nor is it

supported by any rule or theory of law. Simply put, Inspector Carter acted arbitrarily,

RECEIVED LEGAL 10/27/2023

capriciously, falsely (contradicting his own email direction), and abused his powers, preventing the Licensee Ultra from its due process rights to make repairs under the laws and rules promulgated by the ROC.

E. On 9/25, Inspector Carter admits that the schedules submitted timely by Ultra were feasible and would work.

Thereafter, at the Garcias’ home on September 25th, at the compliance inspection,

Inspector admits that the roofing options communicated by Ultra to the Garcias were

“feasible” and would “work,” but he has problems because there were no communications with him or the Garcias…both of which are false statements. Listen to the Exhibit E VIDEO CLIP. Contrary to Inspector Carter’s statements in this video clip, Mrs. Garcia

kept Inspector Carter in the loop on the communications, and Ultra communicated directly

with her on 9/22, as it was directed to do. See Exhibits B and C, attached hereto. Inspector Carter has no legal or authoritative basis to make the decision to deny Ultra further access because it is based on an incorrect and false standard. There was

no directive or standard that Inspector Carter had to be part of the communications

between the parties by 9/22 on a schedule. There was no direction nor is there any standard that Ultra disregarded or ignored. Therefore, Inspector Carter had no legal authority to deny Ultra its right to repair.

As set forth above and at Exhibit C, on 9/22, in response to Ultra’s communication

to Mrs. Garcia, she clearly states that she has kept Inspector Carter in the loop. Most importantly, Inspector Carter’s direction to the parties was that they communicate with

RECEIVED LEGAL 10/27/2023

each other, and, therefore, the reasoning for his incredible determination to deny Ultra further access is legally flawed, arbitrary, capricious and an abuse of power. See Exhibits B, C, and D, attached hereto.

II. Denial of Access Inspector Carter’s decisions to prevent Ultra’s roofer from repairing the roof were arbitrary, capricious, and an abuse of power, and, most egregiously, were made under

false pretenses. As a result, Ultra was wrongfully denied access by the ROC’s Inspector.

Therefore, the alleged violation should be dismissed in its entirety with prejudice.

III. Ultra Construction LLC’s ROC record Ultra Construction LLC has an unblemished history with the ROC as to workmanship. It had to resolve a payment complaint with a subcontractor due to unlawful non-payment from a commercial tenant, which suit is now pending in Superior Court.

Ultra resolved that issue with its subcontractor, paying the subcontractor out of its own funds. Given Ultra’s unblemished record with the ROC, Ultra should not be subject to any discipline, as it fully complied with the ROC Directives. Despite being ready, willing, and

able to hire a replacement roofer to correct the roof repairs, it was denied that opportunity

by an ROC Inspector who made wrong decisions based upon false pretenses, regarding his own direction, acted outside of his authority, without any lawful standard from which to make a decision, and whose determinations were wholly arbitrary and capricious and an

abuse of power.

RECEIVED LEGAL 10/27/2023

IV. Conclusion: Penalties cannot be found against a contractor who has followed the directions of

the ROC Inspector, but is left defending itself due to this Inspector’s wrongful actions and

determinations. The Registrar of Contractors’ promulgated authority includes ensuring that licensed contractors perform their work within workmanship standards and in

conformance with building codes and that licensed contractors carry on their professional

trade with integrity and honesty. The ROC’s authority absolutely DOES NOT include allowing an Inspector to go beyond his authority to prevent a licensed contractor from attempting in good faith to

follow the directives issued by the Inspector based upon no legal standard whatsoever and

wholly outside the bounds of any rules or laws to which this contractor was bound. Inspector Carter unlawfully went out of his way to prevent Ultra access to the property and to prevent Ultra from its goal of correcting the roof issues related to its

roofing subcontractor’s performance. There is no place in a governmental agency for this

abuse of power and extraordinarily arbitrary action against a contractor attempting to act in good faith. Finally, based on the foregoing, given that Ultra Construction, LLC was denied

access to perform roof repairs, this Citation and Complaint with respect to roofing issues

should be dismissed in its entirety with prejudice.

RECEIVED LEGAL 10/27/2023

DATED this 27th day of October, 2023.

PALECEK & PALECEK PLLC

By: /s/ James J. Palecek James J. Palecek 6263 N. Scottsdale Rd., #144 Scottsdale, Arizona 85250 Attorneys for Respondent

ORIGINAL of the foregoing e-filed This 27th day of October, 2023 with:

Registrar of Contractors [email redacted]

COPIES of the foregoing emailed This 27th day of October, 2023 to: Cassandra Garcia 110 W 8th St Ajo, AZ 85321 [email redacted] Complainant /s/ Sara Mills Sara Mills

RECEIVED LEGAL 10/27/2023

EXHIBIT A RECEIVED LEGAL 10/27/2023 RECEIVED LEGAL 10/27/2023 RECEIVED LEGAL 10/27/2023 RECEIVED LEGAL Sara Mills <[email redacted]> 10/27/2023

Re: Garcia / Ultra Construction - Directive Compliance message

James Carter <[email redacted]> Wed, Sep 13, 2023 at 8:32 AM To: James Palecek <[email redacted]> Cc: Sara Mills <[email redacted]>, Kimberly Rice <[email redacted]>, Derek Rice <[email redacted]>, [email redacted]

James, you are 100% correct. I had the wrong date written on my calendar. I will contact Ms Garcia ASAP and correct that. I would encourage you to discuss the roof with her and I will grant an extension to 5/22/2023 to be able to come discuss with her what options on the roof.

James Carter Investigator #229 Arizona Registrar Of Contractors 1700 W Washington St Ste 105 Phoenix, AZ 85007 Phone(602) 771-6770 E-mail [email redacted]

On Wed, Sep 13, 2023 at 8:25 AM James Palecek <[email redacted]> wrote: Good morning Mr. Carter. It was our understanding that the deadline was the 15th, but the repair work that could be done was done promptly. As you can see from our letter, all of the other issues were addressed at Ultra's visit to the project. The roof issue needed analysis. Ultra received the preliminary roof report last week, after which we had internal discussions and prepared this letter. We have not yet had the opportunity to discuss the preliminary findings on the roof issues with Mrs. Garcia, as we just formulated these ideas over the last week.

James J. Palecek Palecek & Palecek, P.L.L.C. 6263 N. Scottsdale Road, Ste 144 Scottsdale, AZ 85250 Phone: (602) 522-2454 Fax: (602) 522-2349 E-mail: [email redacted] www.paleceklaw.com

The information contained in this electronic message is information protected by attorney-client and/or the attorney/work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this e-mail or any other reader of the e-mail is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and return the original message to us at the above address via U.S. Postal Service.

On Wed, Sep 13, 2023 at 8:10 AM James Carter <[email redacted]> wrote: The directive expired on 09/08/2023 and I have already scheduled a compliance inspection for 12:00 PM today. Notice was sent to Ultra on 09/11/2023. An extension should have been requested before. Has there been any discussion with Ms Garcia regarding the roof? She had indicated to me she has had no communication with Ultra.

James Carter Investigator #229 Arizona Registrar Of Contractors 1700 W Washington St Ste 105 Phoenix, AZ 85007 Phone(602) 771-6770 RECEIVED E-mail [email redacted] LEGAL 10/27/2023

On Tue, Sep 12, 2023 at 5:26 PM Sara Mills <[email redacted]> wrote: Mr. Carter,

Attached please find Ultra Construction's Notification of Directive Compliance (and Request for Extension on Roof Issues) with respect to the above-referenced matter. Thank you!

Sara Mills Senior Paralegal Palecek & Palecek, P.L.L.C. 6263 N. Scottsdale Road, Ste 144 Scottsdale, AZ 85250 Phone: (602) 522-2454 Fax: (602) 522-2349 E-mail: [email redacted] www.paleceklaw.com

EXHIBIT B RECEIVED LEGAL Sara Mills <[email redacted]> 10/27/2023

Fwd: Message from KM_C750i message

James Palecek <[email redacted]> Fri, Sep 22, 2023 at 10:04 AM To: [email redacted], Tyler Garcia <[email redacted]> Cc: Sara Mills <[email redacted]>, Catlin Conedera <[email redacted]>

Good morning Mr. and Mrs. Garcia: Please see attached. Let me know if you have any questions or comments.

Thank you and have a good weekend.

James J. Palecek Palecek & Palecek, P.L.L.C. 6263 N. Scottsdale Road, Ste 144 Scottsdale, AZ 85250 Phone: (602) 522-2454 Fax: (602) 522-2349 E-mail: [email redacted] www.paleceklaw.com

---------- Forwarded message --------- From: <[email redacted]> Date: Fri, Sep 22, 2023 at 9:51 AM Subject: Message from KM_C750i To: <[email redacted]>

SKM_C750i23092209540.pdf 88K RECEIVED LEGAL 10/27/2023 RECEIVED LEGAL 10/27/2023 RECEIVED LEGAL 10/27/2023 RECEIVED LEGAL 10/27/2023 RECEIVED LEGAL 10/27/2023 RECEIVED LEGAL 10/27/2023

EXHIBIT C RECEIVED LEGAL 10/27/2023 RECEIVED LEGAL 10/27/2023 RECEIVED LEGAL 10/27/2023 RECEIVED LEGAL 10/27/2023 RECEIVED LEGAL 10/27/2023 RECEIVED LEGAL 10/27/2023 RECEIVED LEGAL 10/27/2023

EXHIBIT D RECEIVED LEGAL 10/27/2023 RECEIVED LEGAL 10/27/2023 RECEIVED LEGAL 10/27/2023 RECEIVED LEGAL 10/27/2023 RECEIVED LEGAL 10/27/2023 RECEIVED LEGAL 10/27/2023 RECEIVED LEGAL 10/27/2023 RECEIVED LEGAL 10/27/2023 RECEIVED LEGAL 10/27/2023 RECEIVED LEGAL 10/27/2023

EXHIBIT E RECEIVED LEGAL 10/27/2023

Exhibit E is a video clip. It can be accessed by clicking the attachment (paperclip)icon to the right or by clicking the following link (this link is also included in the body of the transmission email). https://1drv.ms/v/s!Ami3F3MDAtUEhPEBDokzpsu1FV38ZA?e=eFSTT6 RECEIVED LEGAL 10/27/2023

Answers - AZROC <[email redacted]>

Case No. 2023-06801 Garcia / Ultra Construction, LLC messages

Sara Mills <[email redacted]> Fri, Oct 27, 2023 at 2:38 PM To: [email redacted] Cc: James Palecek <[email redacted]>, [email redacted]

Attached please find Ultra Construction, LLC's Written Answer to Citation and Complaint in the above-referenced matter.

There is a clickable link to a video in the pdf at Exhibit E. I am also including the link here in case there are any issues accessing it through the pdf link. Exhibit E Video.mov

Thank you!

Sara Mills Sr. Paralegal Palecek & Palecek, P.L.L.C. 6263 N. Scottsdale Road, Ste 144 Scottsdale, AZ 85250 Phone: (602) 522-2454 Fax: (602) 522-2349 E-mail: [email redacted] www.paleceklaw.com

2023_10_27_Written Answer to Citation and Complaint(FINAL).pdf 21445K

Answers - AZROC <[email redacted]> Fri, Oct 27, 2023 at 2:50 PM To: Sara Mills <[email redacted]>

Good afternoon. We have received the answer in this matter. We can add this video to the file, however we have no way to send it to the Office of Administrative Hearings. If you would like this information to be a part of the record, you can file it directly with the Office of Administrative Hearings after a hearing has been set. [Quoted text hidden] -- Thank you.

Registrar of Contractors Legal Department

Sara Mills <[email redacted]> Fri, Oct 27, 2023 at 4:02 PM To: Answers - AZROC <[email redacted]>

Will do. Thank you for letting me know!

Sara Mills Sr. Paralegal RECEIVED LEGAL Palecek & Palecek, P.L.L.C. 10/27/2023 6263 N. Scottsdale Road, Ste 144 Scottsdale, AZ 85250 Phone: (602) 522-2454 Fax: (602) 522-2349 E-mail: [email redacted] www.paleceklaw.com

[Quoted text hidden] REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Cassandra Garcia, Case No. 2023-06801 COMPLAINANT, v. Ultra Construction LLC, FINAL ADMINISTRATIVE License No. ROC 330397, DECISION AND ORDER (DEFAULT) RESPONDENT. A Citation was issued in this matter based on a complaint filed with the Registrar of Contractors. Based upon the entire record in this matter, the following Findings of Fact, Conclusions of Law, and Order are made: FINDINGS OF FACT 1. The Citation and Complaint were served on Respondent by certified mail, with postage prepaid, directed to the latest address of record for Respondent as shown in the license files of the Registrar, in accordance with A.R.S. §§ 32-1155(A) and (B). 2. Respondent did not file a timely written Answer to the Citation as required by A.R.S. § 32-1155(A). 3. More than ten days have elapsed since service of the Citation, and under A.R.S. § 32- 1155(C) Respondent’s failure to answer within the time prescribed is deemed an admission of the acts charged in the Complaint. 4. Respondent’s license was administratively suspended September 1, 2022 through September 9, 2022. Respondent’s license is active as of the date of this Order. CONCLUSIONS OF LAW 1. Respondent violated the provisions of A.R.S. § 32-1154(A)(3) and (22) as charged in the Citation and Complaint.

of 3 1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812

602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/19 2. The Registrar has authority to suspend or revoke Respondent’s license under A.R.S. §§ 32-1154 and 32-1155.

ORDER Based on the foregoing, IT IS ORDERED that Respondent’s license is suspended for a period of 3 days beginning November 9, 2023.

Pursuant to A.R.S. § 32-1154(E), IT IS FURTHER ORDERED that Respondent pay a civil penalty of $250.00 to the Registrar for the violation of A.R.S. § 32-1154(A)(22). If

Respondent fails to pay this civil penalty amount in full within 30 days of the issuance of this

Order, the Registrar shall automatically revoke Respondent’s license, with no further notice.

The Registrar shall not issue any future or additional contractor’s licenses to any entity

comprised of persons associated with Respondent, as defined in A.R.S. § 32-1101(A)(7),

unless Respondent or any of the parties defined in A.R.S. § 32-1101(A)(7) pays any and all

outstanding civil penalties

This Order is not subject to judicial review except for jurisdictional issues under A.R.S. §§ 41-1092.08(H) and 12-902(B).

Dated November 2, 2023. By: /s/ Mary Coyne Mary Coyne, CP Paralegal Manager Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed November 2, 2023 to: Respondent Ultra Construction LLC 18373 W Sells Dr Goodyear, AZ 85395 James J. Palecek Esq. Palecek & Palecek PLLC 6263 N Scottsdale Rd., Ste. 310 Scottsdale, AZ 85250

of 3 1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812

602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/19 Complainant Cassandra Garcia 110 W 8th St Ajo, AZ 85321 Copy sent electronically this same date to: Respondent at email address on record with the Registrar Respondent’s Attorney at email address of record with Registrar Complainant at email address on record with the Registrar

Case No. 2023-06801 /

of 3 1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812

602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/19 Legal New Mail - AZROC <[email redacted]>

ROC Complaint 2023-06801 Sara Mills <[email redacted]> Thu, Nov 2, 2023 at 2:20 PM To: Legal New Mail - AZROC <[email redacted]>, [email redacted] Cc: James Palecek <[email redacted]>

Mary,

This default decision and order has been entered in error. Please see the attached Response that was provided to the ROC and Complainant on October 27, 2023, with the transmission email, the auto-reply received from [email redacted], as well as correspondence from Donna Lewandowski on the same date acknowledging receipt. If you have any questions, please let me know. We would appreciate an immediate withdrawal/retraction of this decision as the response was timely filed. Please confirm. Thank you.

Sara Mills Sr. Paralegal Palecek & Palecek, P.L.L.C. 6263 N. Scottsdale Road, Ste 144 Scottsdale, AZ 85250 Phone: (602) 522-2454 Fax: (602) 522-2349 E-mail: [email redacted] www.paleceklaw.com

[Quoted text hidden]

attachments Re Case No. 2023-06801 Garcia Ultra Construction LLC.msg 34K Case No. 2023-06801 Garcia Ultra Construction LLC .msg 21644K Automatic Reply Email Received Re Case No. 2023-06801 Garcia Ultra Construction LLC.msg 28K REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Cassandra Garcia, Case No. 2023-06801 COMPLAINANT, ORDER SETTING ASIDE FINAL v. ADMINISTRAIVE DECISION AND Ultra Construction LLC , ORDER (DEFAULT) License No. ROC 330397, AND RESPONDENT. ORDER SETTING HEARING

On November 2, 2023 the Registrar issued a Final Administrative Decision and Order (Default) in this matter. The Registrar has now determined that a timely written Answer was received on October 27, 2023. In view of the foregoing, IT IS ORDERED that the Registrar’s November 2, 2023, Final Administrative Decision and Order (Default) be set aside and that this matter proceed to a hearing before the Office of Administrative Hearings. IT IS FURTHER ORDERED that the 3 day suspension imposed is quashed and the civil penalty assessed is voided. IT IS FURTHER ORDERED that a hearing be scheduled in the normal course of docketing in the Phoenix, area. A Notice of Hearing will be issued in due course. Dated November 3, 2023. By: /s/ Mary Coyne Mary Coyne, CP Paralegal Manager Legal Department Arizona Registrar of Contractors

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877) 692-9762 Lg107 4/21 Copy mailed via USPS First Class mail November 3, 2023 to: Respondent(s) Ultra Construction LLC 18373 W Sells Dr Goodyear, AZ 85395 James J. Palecek, Esq. Palecek & Palecek PLLC 6263 N Scottsdale Rd Ste 310 Scottsdale, AZ 85250 Complainant(s) Cassandra Garcia 110 W 8th St Ajo, AZ 85321 Copy sent electronically this same date to: Respondent at email address on record with the Registrar Respondent’s Attorney at email address of record with Registrar Complainant at email address on record with the Registrar Case No. 2023-06801/

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877) 692-9762 Lg107 4/21 2808 s 271st lane Cassandra Garcia

PRECISION PROPERTY INSPECTIONS - SOUTH 602-499-7573 [email redacted] https://www.azprecisioninsp.com

PRE-DRYWALL INSPECTION 2808 s 271st lane BUCKEYE, AZ 85326 Cassandra Garcia JUNE 19, 2023

Inspector Thomas White 75539, Internachi CPI 602-499-7573 [email redacted]

Precision Property Inspections - South Page 1 of 39 2808 s 271st lane Cassandra Garcia

TABLE OF CONTENTS

1: General Information 5

2: Inspection Details 6

3: Exterior 9

4: Roof 16

5: Framing Members & Structure 19

6: Plumbing 22

7: Electrical 24

8: Heating and Cooling 26

9: Venting Components 28

10: Interior 29

Standard of Practice 39

Precision Property Inspections - South Page 2 of 39 2808 s 271st lane Cassandra Garcia

SUMMARY The following items or discoveries indicate that these systems or components do not function as intended or adversely affects the habitability of the dwelling; or warrants further investigation by a specialist, or requires subsequent observation. This summary shall not contain recommendations for routine upkeep of a system or component to keep it in proper functioning condition or recommendations to upgrade or enhance the function or efficiency of the home.

This Summary is not the entire report. The complete report may include additional information of concern to the customer. It is recommended that the customer read the complete report.

Home inspectors are not required to report on the following: Life expectancy of any component or system; The causes of the need for a repair; The methods, materials, and costs of corrections; The suitability of the property for any specialized use; Compliance or non-compliance with codes, ordinances, statutes, regulatory requirements or restrictions; The market value of the property or its marketability; The advisability or inadvisability of purchase of the property; Any component or system that was not observed; The presence or absence of pests such as wood damaging organisms, rodents, or insects; or Cosmetic items, underground items, or items not permanently installed. Home inspectors are not required to: Offer warranties or guarantees of any kind; Calculate the strength, adequacy, or efficiency of any system or component; Enter any area or perform any procedure that may damage the property or its components or be dangerous to the home inspector or other persons; Operate any system or component that is shut down or otherwise inoperable; Operate any system or component that does not respond to normal operating controls; Disturb insulation, move personal items, panels, furniture, equipment, plant life, soil, snow, ice, or debris that obstructs access or visibility; Determine the presence or absence of any suspected adverse environmental condition or hazardous substance, including but not limited to mold, toxins, carcinogens, noise, contaminants in the building or in soil, water, and air; Determine the effectiveness of any system installed to control or remove suspected hazardous substances; Predict future condition, including but not limited to failure of components; Since this report is provided for the specific benefit of the customer(s), secondary readers of this information should hire a licensed inspector to perform an inspection to meet their specific needs and to obtain current information concerning this property.

3.1.1 Exterior - Wall Sheathing: Weep Screed: Damaged or Incomplete 3.1.2 Exterior - Wall Sheathing: Stucco: Incomplete 3.3.1 Exterior - Fascia & Soffit: Damaged Fascia 5.2.1 Framing Members & Structure - Roof Sheathing : Moisture Concern

8.3.1 Heating and Cooling - Presence of installed Heat/Cooling source in each room: Condensate Vent Obstructed.

8.3.2 Heating and Cooling - Presence of installed Heat/Cooling source in each room: Secondary Drain Pan 10.2.1 Interior - Walls & Columns Plumb/Bowed: Drywall Damage

Precision Property Inspections - South Page 3 of 39 2808 s 271st lane Cassandra Garcia

10.2.2 Interior - Walls & Columns Plumb/Bowed: Pocket Doors 10.2.3 Interior - Walls & Columns Plumb/Bowed: Window Sill Damage

Precision Property Inspections - South Page 4 of 39 2808 s 271st lane Cassandra Garcia

1: GENERAL INFORMATION section-ZGI3OTQwZjgtMGYwNC00NzJhLTkxODItODZkMzQ1OWY3MDQx

Information Information: Inspection Date 06/19/2023 Client information: Should attempt to obtain all warrantees, guarantees, transferable warrantees for: HVAC systems, any foundation work, structural repairs, water proofing, equipment, new roof (possibly age of roof), appliances, equipment, sump pumps, etc. Permits should be researched on all homes especially those of flipped/recently renovated homes Please read the entire report. Other observations and narratives or deficiencies may be contained within the body of the report but not in this summary page. Please also use this report as a tool to improve and keep your home in good condition now and for the future because future issues and surprises will always happen when owning a home ex: roof leaks, surprises behind walls that are unable to be viewed, components of the home fail over time, plumbing leaks etc. & remember this report and inspection is only proof of the condition of the home at the time of the inspection and does not guarantee or warranty anything in regards to the condition of the home after the day of the inspection. All items listed in the report were the condition at the time of the inspection that were observed and there are no guarantees for the future conditions or failure of a component regarding the home are giving. Foundation Up Home Services (FUHS) agrees to perform a visual & written inspection report identifying the defects that the inspector both observed and deemed material. FUHS does not perform any re-inspections of a home after the initial home inspection. Reason being the person/company/licensed professional completing the work should provide you with receipts of work completed = they have "stamped" it put their name on it verifying it is done correctly. The report is only supplementary to the sellers disclosure. The comments are only certain recommendations for improvements it is up to the client to decide on any & all repairs needed, all areas of repair should be done by a professional contractor and when reviewing repairs they should always further review evaluate and repair as needed. This report is for the client only listed on the report and not for any other person with intent to or actual completion of purchasing the home. Respectfully submitted Foundation Up Home Services.

Limitations

Information PARTIAL INSPECTION The Inspection was only partially completed due to the state and progress of the build. Some items may be checked in the report, but were not inspected. Please read through the entirety of the report, and contact us with any questions.

Precision Property Inspections - South Page 5 of 39 2808 s 271st lane Cassandra Garcia

2: INSPECTION DETAILS section-MjljNjBmNjItYmI5MS00ZmRhLTkwMjctMGRhZGViMGUyNDgz

Information General Site Information: Style of General Site Information: General Site Information: Outside Home Weather Conditions Temperature Single Family 1 Story Clear 100

General Site Information: In Attendance Inspector Recommend client gain copies of the pre-drywall inspection from the county inspectors, they may have more information and or areas that need to be repaired prior to drywall. This is not a code compliant inspection

General Site Information: Rain in the last 3 Days No Miscellaneous wires are on most homes: cable, telephone, and satellite. Items not inspected include: Low voltage wiring, oil tanks, working ability of humidifiers ,underground sprinklers, landscape lighting, antennas, water softeners, washer/dryer, speaker systems, underground sewer lines & solar powered equipment/generators are not part of a home inspection. Underground sewer lines are not inspected/not visible, if client has concerns you should hire a plumber to do a sewer scan with camera to ensure no broken sewer lines Vacant home disclosure & awareness: Vacant homes have a greater potential for developing fungal growth or a microbial growth due to not being lived in, air circulation issues and the potential for leaks to be present when no one is aware which can bread the growth of fungal organisms. Homes built prior to 1989 when the US banned asbestos may still contain this product, not able to inspect behind wallpaper or hidden/blocked items. Home inspectors & Foundation Up Home Services are not liable for any issues that arise after we have left the inspection & Foundation Up Home Services is not a mold expert and we do not do mold testing. If the client would like a mold test/air sampling completed please refer to this link to find a local mold expert Click here EPA link on mold in homes Homes built prior to 1989 when the US tried to ban asbestos but it was overturned and may still contain this product, not able to inspect behind wallpaper or hidden/blocked items in red mark throughout this report indicating damage or items marked as needing repair may result in further damage or may present a health or safety hazard if not repaired by a qualified contractor . Link about asbestos products Possible lead paint in the homes built around 1978 due to age: Click here for info on lead paint in homes If you are having an appraisal done on the home the appraiser may point out other areas that the bank will see and future or further inspections & repairs may be needed to secure bank financing. Items marked in red throughout the report should be repaired/monitored/replaced

Precision Property Inspections - South Page 6 of 39 2808 s 271st lane Cassandra Garcia

General Introduction: General Introduction Introduction: The following numbered and attached pages are your home inspection report. This inspection was performed in accordance with the current Standards of Practice. The Standards contain certain and very important limitations, expectations and exclusions to the inspection. A copy is available prior to, during and after the inspection and it is part of the report.

Your Inspector may bring: to your attention and discuss certain Recommended Upgrades of original and functioning installations and assemblies of Systems and Components that you may wish to consider implementing as part of upgrading your home. These Recommended Upgrades may exceed some of the building and construction standards that applied at the time of the original construction of the home. The differences between any such original building and construction standards and current standards do not constitute "deficiencies" in the subject property. Recommended Upgrades should be performed only by Qualified parties in accordance with all applicable industry standards and governmental requirements pertaining to permits, codes, ordinances, and regulations.

We recommend that client check with the Building and Planning Department to see if there are any "open" or previous permits on a property they are considering purchasing. An "open" permit could prevent another permit from being issued for the property and there could be some outstanding issues that need to be addressed.

Any oral statements made by the Inspector pertaining to Recommended Upgrades or any inclusion in the Inspection Report of information regarding Recommended Upgrades shall be deemed to be informational only and supplied as a courtesy to you and shall not be deemed to be an amendment to or waiver of any exclusions included in the "Home Inspection Agreement and Standards of Practice."

Use of photos and video: Your report includes many photographs which help to clarify where the inspector went, what was looked at, and the condition of a system or component at the time of the inspection. Some of the pictures may be of deficiencies or problem areas, these are to help you better understand what is documented in this report and may allow you see areas or items that you normally would not see. A pictured issue does not necessarily mean that the issue was limited to that area only, but may be a representation of a condition that is in multiple places. Not all areas of deficiencies or conditions will be supported with photos.

What really matters in a home inspection: The process can be stressful. A home inspection is supposed to give you reassurance but often has the opposite effect. You will be asked to absorb a lot of information in a short time. This often includes a written report, checklist, photographs, environmental reports and what the inspector himself says during the inspection. All this combined with the seller's disclosure and what you notice yourself makes the experience even more overwhelming. What should you do? Relax. Most of your inspection will be maintenance recommendations, life expectancies and minor imperfections. These are nice to know about. However, the issues that really matter will fall into four categories: 1. Major defects. An example of this would be a significant structural failure. 2. Things that may lead to major defects. A small water leak coming from a piece of roof flashing, for example. 3. Things that may hinder your ability to finance, legally occupy or insure the home. Structural damaged caused by termite infestation, for example. 4. Safety hazards. Such as a lack of AFCI/GFCI outlet protection. Anything in these categories should be corrected. Often a serious problem can be corrected inexpensively to protect both life and property (especially in categories 2 and 4). Most sellers are honest and are often surprised to learn of defects uncovered during an inspection. Realize that sellers are under no obligation to repair everything mentioned in the report. No home is perfect.

Precision Property Inspections - South Page 7 of 39 2808 s 271st lane Cassandra Garcia

General Introduction: Comment Key Comment Key of Definitions:

The following are definitions of comment descriptions in this inspection report. All comments by the inspector should be considered before purchasing this home. Any recommendations by the inspector to repair or replace suggests a second opinion or further inspection by a qualified contractor. All costs associated with further inspection fees and repair or replacement of item, component or unit should be considered before you purchase the property.

Inspected (IN) = I visually observed the item, component or unit and if no other comments were made then it appeared to be functioning as intended allowing for normal wear and tear.

Not Inspected (NI)= I did not inspect this item, component or unit and made no representations of whether or not it was functioning as intended and will state a reason for not inspecting.

Not Present (NP) = This item, component or unit is not in this home or building.

Maintenance Item (MI) =The item, component, or system while perhaps functioning as intended is in need of minor repair, service, or maintenance; is showing signs of wear or deterioration that could result in an adverse condition at some point in the future; or considerations should be made in upgrading the item, component, or system to enhance the function, efficiency, safety, and/or more closely align with current construction standards. Items falling into this category can frequently be addressed by a homeowner or handyman and are considered to be routine homeowner maintenance or recommended upgrades.

Builder (R) = The item, component or unit is not functioning as intended, or needs further inspection by a qualified contractor. Items, components or units that can be repaired to satisfactory condition may not need replacement.

Notice to Third Parties: This Report is the joint property of Inside & Out Property Inspectors, Inc. and the Client(s) listed above.Unauthorized transfer to any third parties or subsequent buyers is not permitted. This report and supporting inspection were performed according to a written contract agreement that limits its scope and the manner in which it may be used. Unauthorized recipients are advised to not rely upon the contents of this report, but instead to retain the services of the qualified home inspector of their choice to provide them with an updated report.

Precision Property Inspections - South Page 8 of 39 2808 s 271st lane Cassandra Garcia

3: EXTERIOR section-Zjc4M2UzZDEtOGQyZC00ZGZhLTg1NWUtZmUyNWYzOTFhNGYy

Information Exterior Wall Sheathing Exterior Entry Doors Appurtenance OSB Wood, Sliding Glass Covered Entry

Precision Property Inspections - South Page 9 of 39 2808 s 271st lane Cassandra Garcia

Overview Pictures

Precision Property Inspections - South Page 10 of 39 2808 s 271st lane Cassandra Garcia

Precision Property Inspections - South Page 11 of 39 2808 s 271st lane Cassandra Garcia

Precision Property Inspections - South Page 12 of 39 2808 s 271st lane Cassandra Garcia

House Wrap & Metal Lath: Visual Inspection Only the visible areas were inspected at the time of inspection. No deficiences noted to visible areas unless otherwise noted below.

Windows-no cracked broken glass-flashing installed well: Visual Inspection Only the visible areas were inspected at the time of inspection. No deficiences noted to visible areas unless otherwise noted below.

Exterior Doors: Visual Inspection Only the visible areas were inspected at the time of inspection. No deficiences noted to visible areas unless otherwise noted below.

Porches: Visual Inspection Only the visible areas were inspected at the time of inspection. No deficiences noted to visible areas unless otherwise noted below.

Foundation: Visible areas of the foundation The visible areas of the stem-wall and foundation appeared to be solid and intact.

Builder recommendations

3.1.1 Wall Sheathing WEEP SCREED: DAMAGED OR INCOMPLETE ENTIRE EXTERIOR The weep screed, at the base of the exterior wall, is damaged, improperly installed, and/or incomplete. This may prohibit the screed from properly allowing moisture to escape from behind the cladding. It may also promote pest intrusion behind the cladding. -Suggestion: A qualified technician could reinstall and/or replace the weep screed. Recommendation Contact a qualified professional.

Precision Property Inspections - South Page 13 of 39 2808 s 271st lane Cassandra Garcia

3.1.2 Wall Sheathing STUCCO: INCOMPLETE At the time of inspection, it was noted that the installed stucco cladding was easily falling off the walls with the touch of a hand. Numerous portions were noted as being incomplete, showing signs of exposed wire, and/or holes were noted with exposed foam. It is generally recommended to ensure that the stucco is professionally completed, to include patching all holes, and ensuring there are no portions of stucco with foam or exposed wire mesh. Recommendation Contact a qualified professional.

3.3.1 Fascia & Soffit DAMAGED FASCIA The Fascia was damaged at the time of inspection. We recommend to inspect and repair. Recommendation Contact your builder.

Precision Property Inspections - South Page 14 of 39 2808 s 271st lane Cassandra Garcia

Precision Property Inspections - South Page 15 of 39 2808 s 271st lane Cassandra Garcia

4: ROOF section-NTRjOGFmZDQtZjY5ZS00NGQ0LWE1MWEtZjFlZDUzZjVmZmI3

Information Roof Structure Viewed Roof Covering From Roof Covering type Engineered Wood Trusses Ground Architectural, Asphalt/Fiberglass

Roof-Type Chimney (Exterior) Attic Ventilation Gable N/A Fresh Air Recirculation

Attic info Attic hatch

Roof Covering: Roof Covering Good The roof covering was inspected and appears to be in acceptable condition. It is recommended that homeowners practice roof maintenance by keeping the gutters clean, and regularly removing leaves and other debris to allow water to drain effectively from the roof. Regardless of the type of shingle used, there are two significant factors with regard to wear: Exposure and Slope. Sunlight is one of the biggest enemies of asphalt roofs and in many areas, the south and west exposures wear out the fastest. The steeper the slope, the longer the shingles will last. As asphalt shingles wear, they lose their granular covering. The granular material protects the shingles from ultra-violet light. As granules wear off, the shingles dry out and become brittle. They crack, buckle and curl. Shingles wear out first where the granular material is lost. This may be due to heavy foot traffic, abrasion from tree branches, erosion from downspouts discharging onto the roof surface, or manufacturing defects. For more information on Roof Maintenance click here.

Shingles Straight and Flat: Visual Inspection Only the visible areas were inspected at the time of inspection. No deficiences noted to visible areas unless otherwise noted below.

Shingles Properly Trimmed around Vents: Visual Inspection Only the visible areas were inspected at the time of inspection. No deficiences noted to visible areas unless otherwise noted below.

Roof,Chimney, Flashing Installed: Visual Inspection Only the visible areas were inspected at the time of inspection. No deficiences noted to visible areas unless otherwise noted below.

Precision Property Inspections - South Page 16 of 39 2808 s 271st lane Cassandra Garcia

Pictures

Precision Property Inspections - South Page 17 of 39 2808 s 271st lane Cassandra Garcia

Attic Vents Properly Installed: Visual Inspection Only the visible areas were inspected at the time of inspection. No deficiences noted to visible areas unless otherwise noted below.

Precision Property Inspections - South Page 18 of 39 2808 s 271st lane Cassandra Garcia

5: FRAMING MEMBERS & STRUCTURE section-Zjg1MjliNmUtMzNiNi00ZWVjLThjMTMtMWY3NzI2NTQ3MjY5

Information Ceiling Structure Wall Structure Floor Structure Engineered Truss System Wood Slab

Foundation Interior foundation: Poured Poured concrete concrete Poured slab was intact and free from cracking.

Roof Structure: Radiant Barrier You have Engineered Trusses with OSB Sheathing/Radiant Barrier for the attic structure. This is for your information. Radiant Barrier Sheathing is designed to lower a home’s attic temperature. For more information on this product click here.

Radiant Sheathing Diagram

Roof Structure: Visual Inspection Only the visible areas were inspected at the time of inspection. No deficiences noted to visible areas unless otherwise noted below.

Roof Sheathing : Visual Inspection Only the visible areas were inspected at the time of inspection. No deficiences noted to visible areas unless otherwise noted below.

Interior Wall Framing: Visual Inspection Only the visible areas were inspected at the time of inspection. No deficiencies noted to visible areas unless otherwise noted below.

Ceilings Structure: Visual Inspection Only the visible areas were inspected at the time of inspection. No deficiences noted to visible areas unless otherwise noted below.

Ridge,Hip & Valley Rafters properly Braced: Visual Inspection Only the visible areas were inspected at the time of inspection. No deficiences noted to visible areas unless otherwise noted below.

Support Hangers Installed on all Required Components: Visual Inspection Only the visible areas were inspected at the time of inspection. No deficiences noted to visible areas unless otherwise noted below.

Precision Property Inspections - South Page 19 of 39 2808 s 271st lane Cassandra Garcia

Attic Access Properly Framed: Visual Inspection Only the visible areas were inspected at the time of inspection. No deficiences noted to visible areas unless otherwise noted below.

Garage Door Opening Properly Sized: Visual Inspection Only the visible areas were inspected at the time of inspection. No deficiences noted to visible areas unless otherwise noted below.

Door/Window Cripples Installed: Visual Inspection Only the visible areas were inspected at the time of inspection. No deficiences noted to visible areas unless otherwise noted below.

Headers Properly Sized & Supported: Visual Inspection Only the visible areas were inspected at the time of inspection. No deficiences noted to visible areas unless otherwise noted below.

Headers & Beams properly Nailed: Visual Inspection Only the visible areas were inspected at the time of inspection. No deficiences noted to visible areas unless otherwise noted below.

Strike Plates Properly Secured: Visual Inspection Only the visible areas were inspected at the time of inspection. No deficiences noted to visible areas unless otherwise noted below.

Proper Stud Spacing, Anchor bolt nuts : Visual Inspection Only the visible areas were inspected at the time of inspection. No deficiences noted to visible areas unless otherwise noted below.

Fireblocks & Fire Stops in Place: Visual Inspection Only the visible areas were inspected at the time of inspection. No deficiences noted to visible areas unless otherwise noted below.

Roof to Wall Connections: Visual Inspection Only the visible areas were inspected at the time of inspection. No deficiences noted to visible areas unless otherwise noted below.

Truss Support: Visual Inspection Only the visible areas were inspected at the time of inspection. No deficiencies noted to visible areas unless otherwise noted below.

Builder recommendations

5.2.1 Roof Sheathing MOISTURE CONCERN The roof sheathing appears to show signs of exposure to the elements for an extended period of time prior to having the underlayment installed. Although no issues are apparent, diligent monitoring is recommended. Recommendation Contact a qualified professional.

Precision Property Inspections - South Page 20 of 39 2808 s 271st lane Cassandra Garcia

Precision Property Inspections - South Page 21 of 39 2808 s 271st lane Cassandra Garcia

6: PLUMBING section-NDY4MjEyYjUtM2Q5MC00YmM4LTg3NDctYzFjZjI3MzA0NDJj

Information Plumbing Water Distribution Sewage Disposal Plumbing Waste (Inside Home) Public ABS PEX

Water Heater Power Source Electric

Water Supply For Home Public

All Stub Outs Secure: Visual Inspection Only the visible areas were inspected at the time of inspection. No deficiences noted to visible areas unless otherwise noted below.

Shower Arm Secure: Visual Inspection Only the visible areas were inspected at the time of inspection. No deficiences noted to visible areas unless otherwise noted below.

Pipes Properly Placed Inside Wall: Visual Inspection Only the visible areas were inspected at the time of inspection. No deficiences noted to visible areas unless otherwise noted below.

Nail Guards Properly Installed & Secured: Visual Inspection Only the visible areas were inspected at the time of inspection. No deficiences noted to visible areas unless otherwise noted below.

Clean Out Present and Capped: Visible Clean Out The Plumbing Clean Out was visible and capped at the time of inspection. This is for your information.

Precision Property Inspections - South Page 22 of 39 2808 s 271st lane Cassandra Garcia

Drains Have Visible Fall: Visual Inspection Only the visible areas were inspected at the time of inspection. No deficiences noted to visible areas unless otherwise noted below.

Precision Property Inspections - South Page 23 of 39 2808 s 271st lane Cassandra Garcia

7: ELECTRICAL section-MGFlNDE5NGUtMDc3Ny00YTYxLWFiOWYtMjFlYThlNmFlZDA4

Information Electric Panel Manufacturer Branch wire 15 and 20 AMP Panel Type Siemens Copper Circuit breakers

Wiring Methods Grounding Wiring: In place stapled well in Romex Foundation Rebar Ground (Ufer) most locations NM branch wiring appeared to be properly fastened throughout the home.

Fixture Placement: Lighting Fixtures Okay Lighting fixtures are generally placed in typically common locations.

Precision Property Inspections - South Page 24 of 39 2808 s 271st lane Cassandra Garcia

Electrical Service Conductors Below ground, Aluminum, Copper

Meter Box Set : Visual Inspection Only the visible areas were inspected at the time of inspection. No deficiences noted to visible areas unless otherwise noted below.

Breaker Panel Set: Visual Inspection Only the visible areas were inspected at the time of inspection. No deficiences noted to visible areas unless otherwise noted below.

Grounding/Bonding Wire Properly Secured: Visual Inspection Only the visible areas were inspected at the time of inspection. No deficiences noted to visible areas unless otherwise noted below.

Nail Guards Present & Properly Installed: Visual Inspection Only the visible areas were inspected at the time of inspection. No deficiences noted to visible areas unless otherwise noted below.

Precision Property Inspections - South Page 25 of 39 2808 s 271st lane Cassandra Garcia

8: HEATING AND COOLING section-ZmQwMzRhMzQtYTIyNy00MzkwLWFlYTItMzBhOWQwN2JmOTU2

Information Heating Energy Source Number of Heat Systems Ductwork Electric One Insulated

Cooling Equipment Energy Source Condensing Unit(s) Electricity Exterior

Overview Pictures

Ducting Properly Installed and Sealed: Visual Inspection Only the visible areas were inspected at the time of inspection. No deficiences noted to visible areas unless otherwise noted below.

Precision Property Inspections - South Page 26 of 39 2808 s 271st lane Cassandra Garcia

Return Air Duct Not Obstructed and Sealed: Visual Inspection Only the visible areas were inspected at the time of inspection. No deficiences noted to visible areas unless otherwise noted below.

Builder recommendations

8.3.1 Presence of installed Heat/Cooling source in each room CONDENSATE VENT OBSTRUCTED. The primary condensate line, which is properly vented, is currently blocked by the ductwork. Recommend better duct placement for proper ventilation. Recommendation Contact a qualified professional.

8.3.2 Presence of installed Heat/Cooling source in each room SECONDARY DRAIN PAN The secondary drain pan is not properly sloped. All drain pans should have a noticeable slope to ensure condensate slope towards the lowest point, and is plumbed to the exterior. Recommendation Contact a qualified professional.

Precision Property Inspections - South Page 27 of 39 2808 s 271st lane Cassandra Garcia

9: VENTING COMPONENTS section-MDQ5OTc4MWQtNWJjMy00NTZmLTk4NDEtMmUzNDE5OWUyYjMz

Information Bathroom Vents Installed and Properly Sealed & Terminated: Visual Inspection Only the visible areas were inspected at the time of inspection. No deficiences noted to visible areas unless otherwise noted below.

Dryer Vent Installed and Properly Sealed & Terminated: Visual Inspection Only the visible areas were inspected at the time of inspection. No deficiences noted to visible areas unless otherwise noted below.

Precision Property Inspections - South Page 28 of 39 2808 s 271st lane Cassandra Garcia

10: INTERIOR section-ODAwYzlkMWMtOTBhZi00ZTlmLThlZTktMGRlODg4M2EyMDNk

Information Window Types Vinyl

Ceiling Framing: Visually Inspected Only the visible areas were inspected at the time of inspection. No deficiences noted to visible areas unless otherwise noted below.

Stairs, Steps, Landings, Stairways & Handrails: Visually Inspected Only the visible areas were inspected at the time of inspection. No deficiences noted to visible areas unless otherwise noted below.

Stairs Properly Framed and Railing Block Installed: Visually Inspected Only the visible areas were inspected at the time of inspection. No deficiences noted to visible areas unless otherwise noted below.

Sub-Flooring Installed & Secured: Visually Inspected Only the visible areas were inspected at the time of inspection. No deficiences noted to visible areas unless otherwise noted below.

Cabinet/Vanity Blocking Installed: Visually Inspected Only the visible areas were inspected at the time of inspection. No deficiences noted to visible areas unless otherwise noted below.

Hardware Blocking Installed: Visually Inspected Only the visible areas were inspected at the time of inspection. No deficiencies noted to visible areas unless otherwise noted below. This is not required by the Builder but a good recommendation to allow the towel bars, toilet paper holders etc to be secured better and prevent damage later during normal use.

Pedestal Sink Blocking Installed: Visually Inspected Only the visible areas were inspected at the time of inspection. No deficiences noted to visible areas unless otherwise noted below.

Tub/Shower Blocking Installed: Visually Inspected Only the visible areas were inspected at the time of inspection. No deficiences noted to visible areas unless otherwise noted below.

Precision Property Inspections - South Page 29 of 39 2808 s 271st lane Cassandra Garcia

Overview Pictures: Overview Pictures

Precision Property Inspections - South Page 30 of 39 2808 s 271st lane Cassandra Garcia

Precision Property Inspections - South Page 31 of 39 2808 s 271st lane Cassandra Garcia

Precision Property Inspections - South Page 32 of 39 2808 s 271st lane Cassandra Garcia

Precision Property Inspections - South Page 33 of 39 2808 s 271st lane Cassandra Garcia

Precision Property Inspections - South Page 34 of 39 2808 s 271st lane Cassandra Garcia

Precision Property Inspections - South Page 35 of 39 2808 s 271st lane Cassandra Garcia

Limitations

Tub,Shower Level TUB/SHOWER NOT INSTALLED Tub and/or shower was not installed.

Builder recommendations

10.2.1 Walls & Columns Plumb/Bowed DRYWALL DAMAGE Multiple areas of the home showed signs of drywall damage/holes. Recommend ensuring proper drywall repairs are made by builder. Recommendation Contact a qualified professional.

Precision Property Inspections - South Page 36 of 39 2808 s 271st lane Cassandra Garcia

10.2.2 Walls & Columns Plumb/Bowed POCKET DOORS Pocket door frames (mainly the master bath) do not appear to be properly secured. When placing hand on door frame, these pocket door frames have noticeable movement. Recommend proper securement. Recommendation Contact a qualified professional.

10.2.3 Walls & Columns Plumb/Bowed WINDOW SILL DAMAGE Right hand master window sill has moisture damage on drywall. Recommend replacement of all moisture damaged areas.

Precision Property Inspections - South Page 37 of 39 2808 s 271st lane Cassandra Garcia

Recommendation Contact a qualified professional.

Precision Property Inspections - South Page 38 of 39 2808 s 271st lane Cassandra Garcia

section-sop

STANDARDS OF PRACTICE

Precision Property Inspections - South Page 39 of 39 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