2023A-07426-CHC-ROC Notice of Hearing and Packet MAILED

2023A-07426-CHC-ROC · Registrar of Contractors · 2023-10-17

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA Brenda K Richardson , Case No. 2023-07426 COMPLAINANT, Docket No. 2023A-07426-CHC-ROC v. NOTICE OF HEARING ON CONTESTED CASE Silva Diversified Construction Co LLC License No. ROC 302757,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

December 1, 2023 1:00 PM Velva Moses-Thompson Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

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

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

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

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

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

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

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

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

complaint and citation, which were served on the Respondent on September 7, 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)(2)(a)

Charge: 2 A.R.S. § 32-1154(A)(2)(b)

Charge: 3 A.R.S. § 32-1154(A)(3) - R4-9-108(a)

Charge: 4 A.R.S. § 32-1154(A)(3) - R4-9-108(b)

Charge: 5 A.R.S. § 32-1154(A)(4)

Charge: 6 A.R.S. § 32-1154(A)(9)(a)

Charge: 7 A.R.S. § 32-1154(A)(12) - A.R.S. § 32-1158 Charge: 8 A.R.S. § 32-1154(A)(16) Charge: 9 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 October 17, 2023.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors

Copy mailed via USPS First Class mail October 17, 2023 to:

Respondent(s) Silva Diversified Construction Co LLC 5114 S Fremont Dr Tucson, AZ 85706

Charles R Hyde Esq. 2810 N Swan Rd., Ste 150 Tucson, AZ 85712 Complainant(s) Brenda K Richardson PO Box 544 Rillito, AZ 85654

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. 2023-07426 /

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

Hearing Packet FAQ What is the Hearing Packet?

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

Who gets the Hearing Packet?

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

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

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

What is in the Hearing Packet?

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

● Original complaint;

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

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

● Citation; and ● Answer.

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

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

What if there are documents missing from the Hearing Packet?

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

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

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

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

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

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

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

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

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

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

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

Complainant: Brenda K Richardson PO Box 544 Rillito, AZ 85654

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: Silva Diversified Construction Co LLC 5114 S Fremont Dr Tucson, AZ 85706

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 July 6, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-07426

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for July 24, 2023 at 9:00 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

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

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

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 If the parties resolve the complaint prior to the inspection, please notify the assigned investigator in writing and by phone as soon as possible.

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

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 A Guide to Jobsite Inspections

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Work performed after the directive ends: After the Directive period ends, a property owner may choose to allow the contractor to continue its work. The Registrar encourages parties to work cooperatively, but cannot require a homeowner

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 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 Complainant: Brenda K Richardson PO Box 544 Rillito, AZ 85654

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: Silva Diversified Construction Co LLC 5114 S Fremont Dr Tucson, AZ 85706

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 18, 2023

Re: Complaint Number 2023-07426

Dear Complainant and Respondent:

Due to a conflict in scheduling of one of the parties, the jobsite inspection scheduled for July 24, 2023 has been rescheduled for August 1, 2023 at 9:00 AM.

If either party is unable to attend, the Registrar requires 3 business days 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,

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

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 Arizona Registrar of Contractors Jobsite Inspection Notes Case No.: 2023-07426 Investigator: John Smith #194 Inspection Date: 8/1/2023 Inspection Time: 9:00AM Address: 12330 N. Whitetail Rd., Marana, AZ 85653

Complainant: Brenda K Richardson Respondent: Silva Diversified Construction Co LLC

Present for the complainant: Brenda Richardson Present for the respondent: Oscar Silva, Miguel Molina Overview of project: A remodel of a manufactured home General Notes: The respondent only stayed for approximately 1/2 of the JSI.

The complainant previously filed a Building Confidence Program request, BCP# 2023-06043. The jobsite inspection for BCP#2023-06043 was conducted June 16, 2023. During this inspection, August 1, 2023, the respondent confirmed no additional work has been performed, and that all work is in the same condition is it was during the investigation of BCP# 2023-06043

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

Complaint Item 1: “Framing in rear porch room have poorly cut corners/miters, excessive gaps, missed nails, post to beam brackets bent/reshaped from original condition;” Investigator’s Observations: Verified. The respondent acknowledged converting this room to an “Arizona room”. Framing in rear porch room: • Poorly cut corners / miters • Excessive gaps • Missed/protruding nails • Post to beam brackets bent/re-shaped from original condition Reference Pictures: 3-7 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

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Arizona Registrar of Contractors Jobsite Inspection Notes • Door trim flat in areas, and twisted in other areas • Door trim overlapping jambs causing doors to bind • Base trim not flat / parallel to floor • Fireplace trim not centered Reference Pictures: 8-18 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 3: “caulking and paint on surface of cabinets, cabinet trim and in carpet,” Investigator’s Observations: Verified. The respondent’s scope of work included installing new drywall throughout the interior of the house. As a result of the drywall work: Interior trim: • Caulking and paint on surface of cabinets and cabinet trim Reference Pictures: 19-23 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 4: “toe kick material improperly applied to the side of a cabinet,” Investigator’s Observations: Verified. The respondent’s scope of work included installing new kitchen cabinets. Interior trim: • Toe kick material improperly applied to the side of a cabinet Reference Pictures: 24 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 5: “master bath door has nails protruding at the bottom of jamb and staples protruding in the top of the door jamb;” Investigator’s Observations: Verified. The respondent’s scope of work included installing new drywall throughout the interior of the house. As a result of the drywall work: Interior trim: • Unfilled / poorly filled nail holes • Door trim poorly mortised around strike plates • Strike plates poorly mortised into jambs • Door trim flat in areas, and twisted in other areas • Door trim overlapping jambs causing doors to bind • Base trim not flat / parallel to floor • Fireplace trim not centered Reference Pictures: 8-18 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

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Arizona Registrar of Contractors Jobsite Inspection Notes The respondent’s scope of work included installing new drywall throughout the interior of the house. As a result of the drywall work: Switches and receptacles: • Electrical boxes are recessed more than 1/4 inch from the finished wall surface. • Switches and receptacles loose in electrical boxes • Cover plates glued to finished walls • Receptacles and switches painted over Reference Pictures: 25-28 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 7: “at lease one receptacle in the living room is not working;” Investigator’s Observations: Verified. There is at least one receptacle in the living room that does not have power. Receptacles are not GFCI receptacles. The respondent’s price sheet includes: • The respondent’s company name • A signature of Oscar Silva • Electrical - Provide GFCI outlets throughout the entire house • Electrical - Check all wiring and repair, replace as needed. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 8: “Floating laminate flooring is missing adequate required expansion space around perimeters, exposed cut ends of the flooring, flooring is not meeting flatness or levelness requirements, excessive squeaking in some areas, Laminate flooring installed in a non-climate controlled area, plank flooring is separating from subfloor in kitchen area;” Investigator’s Observations: Verified. The respondent’s scope of work included installing new floor throughout the house. Floating laminate flooring: • Missing adequate required expansion space around perimeters • Exposed cut ends of the flooring • Flooring is not meeting flatness or levelness requirements • Excessive squeaking in some areas • Laminate flooring installed in a non-climate controlled area • There is no “T” molding strips at transitions to carpeting Reference Pictures: 29-35 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

RCC100 11/14

Arizona Registrar of Contractors Jobsite Inspection Notes Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 10: “excessive bulge in a bathroom wall,” Investigator’s Observations: Verified. The respondent’s scope of work included installing new drywall throughout the interior of the house. Drywall: • Excessive bulge in a bathroom wall Reference Pictures: 37 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 11: “missing drywall in closets,” Investigator’s Observations: Verified. Drywall: • There is paneling, exposed framing, and missing drywall in the closets The respondent’s price sheet includes: • The respondent’s company name • A signature of Oscar Silva • Install new gypsum drywall or greenboard as per HUD estimate of costs. Remove old paneling and hang drywall, tape, texture. Reference Pictures: 38-39 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 12: “drywall severely overcut at switches and receptacles and filled in with compound only,” Investigator’s Observations: This allegation is NOT verified. In response to this complaint item: There is not sufficient evidence to find that the Respondent failed to meet minimum workmanship standards per A.A.C. R4-9-108. The complainant acknowledged this is not visible without first removing electrical coverplates. Governing Rule: N/A

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Arizona Registrar of Contractors Jobsite Inspection Notes to be included or contemplated within the scope of the Work that is specifically included herein, although not specifically set forth, it shall be deemed included and Contractor accepts responsibility for all such items and apprising Borrower of the same. The respondent’s price sheet includes: • The respondent’s company name • A signature of Oscar Silva • Install new gypsum drywall or greenboard as per HUD estimate of costs. Remove old paneling and hang drywall, tape, texture. As stated in the contract, a “reasonable person” would consider basic closet shelves and rods as part of renovating the inside of a closet. Therefore, closet rods and shelving is part of the respondent’s contractual obligations. Reference Pictures: 39 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 14: “Tub/shower valves crooked, tub spouts crooked and loose,” Investigator’s Observations: Verified. Installing plumbing fixtures/faucets in the tubs/showers was part of the respondent’s scope of work. Plumbing: • Tub/shower valves are crooked • Tub spouts are crooked and loose • Faucet handle is not secure and falls off Reference Pictures: 40-42, 75 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 15: “can't turn handle to get full hot water in bathrooms,” Investigator’s Observations: Verified. The respondent’s scope of work included installing all bathroom fixtures, and replacing the water heater. Water in the bathrooms does not get hot. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 16: “no water sealer around bathtubs,” Investigator’s Observations: Verified. The respondent’s scope of work included installing tile tub/shower surrounds in the bathrooms. Shower tiles: • Areas of lippage exceeding the acceptable tolerance of 1/32 inch • Inconsistent width of grout joints between tiles • Inconsistent width of grout joints along the ceiling • Inconsistent width of grout joints along the tubs • Excessive color variation of grout • Grout cracking in corners and along tubs Reference Pictures: 43-44, 50-51, 73-74 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

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Arizona Registrar of Contractors Jobsite Inspection Notes Complaint Item 17: “water sealant around kitchen sink coming off;” Investigator’s Observations: Verified. The white sink installed is not the correct sink. The sink is chipped/damaged. Caulking around the sink is cracking. The countertop along the front of the sink is not adequately supported. The respondent’s price sheet includes: • The respondent’s company name • A signature of Oscar Silva • Plumbing – Install new two basin stainless steel sink, faucet with spray, drain and supplies. Reference Pictures: 45-46 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 18: “HVAC air vent screws not fully or properly installed,” Investigator’s Observations: Verified. Installing new air diffusers was part of the respondent’s scope of work. HVAC air diffusers: • Screws not fully or properly installed Reference Pictures: 47-48 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 19: “return air vent not right size;” Investigator’s Observations: Verified. The louvered portion of the return air grill measures approximately 13 inches by 24 inches. The return air grill is located in the kitchen. International Residential Code M1602.2 states: “Return air shall not be taken from a closet, bathroom, toilet room, kitchen, garage, mechanical room, furnace room, or unconditioned attic.” The respondent’s price sheet includes: • The respondent’s company name • A signature of Oscar Silva • Heating & Air Cond. - Plumbing a new HVAC system. Modify the existing supply registers and grilles as required. Run ducting under the house as per conversation with buyer. Reference Pictures: 49 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

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Arizona Registrar of Contractors Jobsite Inspection Notes • Excessive color variation of grout • Grout cracking in corners and along tubs Reference Pictures: 43-44, 50-51, 73-74 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 21: “Kitchen bar top needs sanded and stained with a thick polurethane, one end painted white;” Investigator’s Observations: Verified. The respondent’s work included: • Removing a portion of a wall between the kitchen and living room. • Installing a wood bar top on the remaining portion of the wall. The bar top is stained wood all sides/edges, except one, which is painted. Reference Pictures: 52 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 22: “Range hood missing screws/fasteners;” Investigator’s Observations: Verified. The respondent’s scope of work included installing a range hood. The range hood is missing screws/fasteners Reference Pictures: 53 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 23: “Patio door handle loose not properly secured, needs adjusted so that it will open/close easier;” Investigator’s Observations: Verified. The respondent’s scope of work included repair/replacement of the sliding patio door. The patio door handle is loose / not properly secured. Reference Pictures: 54 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 24: “Water heater installed without permit being obtained. Homeowner was not informed by GC or HUD consultant that one was needed or i would have made sure one was obtained. missing a catch pan as required by the manufacturer;” Investigator’s Observations: Verified. The respondent’s scope of work included installing a new water heater. Water heater: • Installed without a permit being obtained • Missing a catch pan as required by the manufacturer Reference Pictures: 55-56 Governing Rule: A.R.S. § 32-1154(A)(2)(b): Departure from or disregard of: (b) A building code... Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

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Arizona Registrar of Contractors Jobsite Inspection Notes Governing Rule: A.R.S. § 32-1154(A)(3) – R4-9-108(b): Violation of any rule adopted by the registrar; Namely R 4-9-108(b): A contractor shall perform work in accordance with any applicable building codes...

Complaint Item 25: “HVAC unit installed without permit being obtained. Homeowner was not informed by GC or HUD consultant that one was needed or i would have made sure one was obtained. electrical disconnect for air handler is not accessible;” Investigator’s Observations: Verified. The respondent’s scope of work included installing a new HVAC system. HVAC equipment: • Installed without a permit being obtained • Electrical disconnect for air handler is not accessible Reference Pictures: 57-58 Governing Rule: A.R.S. § 32-1154(A)(2)(b): Departure from or disregard of: (b) A building code... Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner. Governing Rule: A.R.S. § 32-1154(A)(3) – R4-9-108(b): Violation of any rule adopted by the registrar; Namely R 4-9-108(b): A contractor shall perform work in accordance with any applicable building codes...

Complaint Item 26: “Need more electrical outlets in kitchen area;” Investigator’s Observations: Verified. Not all receptacles are GFCI receptacles. There is not an adequate amount of receptacles installed in the kitchen. Receptacles are not installed in locations identified by the complainant as “needed”. The respondent’s price sheet includes: • The respondent’s company name • A signature of Oscar Silva • Electrical - Provide GFCI outlets throughout the entire house (buyer will designate areas outlets are needed). Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 27: “Ceiling in den not secured properly, making a squeaking noise as it spins;” Investigator’s Observations: Verified. The respondent’s scope of work included installing new electrical fixtures. The ceiling fan in the den makes a scraping noise during operation. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 28: “Sewer smell coming from bathtubs. Something wasn't installed or wasn't installed properly to alleviate this smell.;” Investigator’s Observations: This allegation is NOT verified. This was not noticeable during this inspection. Governing Rule: N/A

Arizona Registrar of Contractors Jobsite Inspection Notes Reference Pictures: 59-62 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 30: “No t-bars installed in the areas where linoleum meets the carpet;” Investigator’s Observations: Verified. There are no “T” molding strips between the carpet and floating laminate floor. The gaps are up to 5/8 inch wide. Reference Pictures: 63 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 31: “No backsplash was installed behind the stove area after wall was removed to make open area,” Investigator’s Observations: This allegation is NOT verified as a violation of A.R.S. § 32-1154(A). The countertops are preform laminate countertops with integrated backsplashes. It is not common to install backsplash material behind a free standing range with a built-in backsplash control. Reference Pictures: 64 Governing Rule: N/A

Complaint Item 32: “no water line was delivered or installed with refrigerator;” Investigator’s Observations: Verified. There is no water line connected to the refrigerator. The respondent’s price sheet includes: • The respondent’s company name • A signature of Oscar Silva • Appliances - Install new stainless steel refrigerator, stove with overhang microwave and exhaust. Reference Pictures: 65 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 33: “Still need small countertop installed between the refrigerator and the pantry as well as two overhead cabinets installed above refrigerator.” Investigator’s Observations: This allegation is NOT verified as a violation of A.R.S. § 32-1154(A). The contract does not specify specific cabinets in any specific locations. No drawings have been provided specifying cabinet design or layout. Reference Pictures: 66 Governing Rule: N/A

Addendum Items – Email from the complainant dated 7/23/2023 Complaint Item 34: “Carpet loose, not stretched properly. Already bunching up in areas.” Investigator’s Observations: Verified. There are areas of loose / unsecured carpet. Reference Pictures: 67-72 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

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Arizona Registrar of Contractors Jobsite Inspection Notes Complaint Item 35: “Shower tile in both bathrooms uneven at the top, poorly installed.” Investigator’s Observations: Verified. The respondent’s scope of work included installing tile tub/shower surrounds in the bathrooms. Shower tiles: • Areas of lippage exceeding the acceptable tolerance of 1/32 inch • Inconsistent width of grout joints between tiles • Inconsistent width of grout joints along the ceiling • Inconsistent width of grout joints along the tubs • Excessive color variation of grout • Grout cracking in corners and along tubs Reference Pictures: 43-44, 50-51, 73-74 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 36: “Faucet handle in bathtub of master bath is not secured with any screws, came off in my hand.” Investigator’s Observations: Verified. Installing plumbing fixtures/faucets in the tubs/showers was part of the respondent’s scope of work. Plumbing: • Tub/shower valves are crooked • Tub spouts are crooked and loose • Faucet handle is not secure and falls off Reference Pictures: 40-42, 76 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 37: “Need two (2) additional electrical outlets installed in master bedroom.” Investigator’s Observations: Verified. Receptacles are not GFCI receptacles. Receptacles are not installed in locations identified by the complainant as “needed”. The respondent’s price sheet includes: • The respondent’s company name • A signature of Oscar Silva • Electrical - Provide GFCI outlets throughout the entire house (buyer will designate areas outlets are needed). Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 38: “Outlet switch in den needs to be wired to operate the overhead light.” Investigator’s Observations: Verified. There is at least one non-operational switches in the den. The respondent’s price sheet includes: • The respondent’s company name • A signature of Oscar Silva • Electrical - Check all wiring and repair, replace as needed. • Electrical - Provide ceiling lights in each room including bathrooms

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Complaint Item 39: “Closet doors are crooked, not hung properly.” Investigator’s Observations: Verified. The sliding closet doors are not plumb or square in the openings. The sliding closet doors do not operate smoothly. The respondent’s price sheet includes: • The respondent’s company name • A signature of Oscar Silva • Install sliding closet doors at the bedrooms. Reference Pictures: 76-78 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 40: “Hole cut for kitchen sink is overcut and i am concerned that the sink is to heavy for the cabinets and will collapse and the sink needs to be sealed properly.” Investigator’s Observations: Verified. The white sink installed is not the correct sink. The sink is chipped/damaged. Caulking around the sink is cracking. The countertop along the front of the sink is not adequately supported. The respondent’s price sheet includes: • The respondent’s company name • A signature of Oscar Silva • Plumbing – Install new two basin stainless steel sink, faucet with spray, drain and supplies. Reference Pictures: 45-46, 79-80 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 41: “Countertops in kitchen are scratched and chipped due to the workers leaving tools, screws, debris and supplies scattered on them during renovation.” Investigator’s Observations: Verified. The respondent’s scope of work included installing new countertops. There are several areas of damage to the countertops. The home is not yet occupied. Reference Pictures: 81-85 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 42: “Stove needs to be returned and replaced with a slide in to compensate the kitchen wall being removed for an open concept kitchen.” Investigator’s Observations: Verified. The respondent’s work included: • Removing a portion of a wall between the kitchen and living room. • Installing a wood bar top on the remaining portion of the wall. • Providing and installing a range.

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Arizona Registrar of Contractors Jobsite Inspection Notes The control panel of the range is higher than the bar top installed by the respondent. The result is the back side of the range is visible from the living room. Reference Pictures: 86-87 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 43: “Cabinets need to be installed above the refrigerator and the space between the pantry and the refrigerator filled with a small countertop.” Investigator’s Observations: This allegation is NOT verified as a violation of A.R.S. § 32-1154(A). The contract does not specify specific cabinets in any specific locations. No drawings have been provided specifying cabinet design or layout. Reference Pictures: 66 Governing Rule: N/A

Complaint Item 44: “Trim needs to be installed, replaced or repaired as the case may be.” Investigator’s Observations: Verified. Interior trim: • Unfilled / poorly filled nail holes • Door trim poorly mortised around strike plates • Strike plates poorly mortised into jambs • Door trim flat in areas, and twisted in other areas • Door trim overlapping jambs causing doors to bind • Base trim not flat / parallel to floor • Fireplace trim not centered Reference Pictures: 8-18 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 45: “Some windows were not reinstalled properly, possibly backwards. Windows need insulation throughout.” Investigator’s Observations: This allegation is NOT verified. In response to this complaint item: There is not sufficient evidence to find that the Respondent failed to meet minimum workmanship standards per A.A.C. R4-9-108. The complainant pointed out one window the dining area with the weep door/flap stuck in the open position. There is no evidence that the respondent worked on this window, or that the respondent was contractually obligated to work on this window. Reference Pictures: 89 Governing Rule: N/A

Complaint Item 46: “AZ room roof leaking into the HVAC system and throughout the entire room and possibly throughout the entire home.” Investigator’s Observations: This allegation is NOT verified. In response to this complaint item: There is not sufficient evidence to find that the Respondent failed to meet minimum workmanship standards per A.A.C. R4-9-108. All rafter stains in the Arizona room appear old. There is no evidence of current/active roof leaks.

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Arizona Registrar of Contractors Jobsite Inspection Notes Reference Pictures: 90-93 Governing Rule: N/A

Complaint Item 47: “AZ room unfinished, exposed boards, ceiling not finished.” Investigator’s Observations: Verified. The Arizona room currently has exposed framing and exterior siding on the walls, and exposed framing at the ceiling/roof structure. The respondent’s price sheet includes: • The respondent’s company name • A signature of Oscar Silva • Install new gypsum drywall or greenboard as per HUD estimate of costs. Remove old paneling and hang drywall, tape, texture. The HUD estimate of costs includes: • At the Addition install new gypsum wallboard at the walls • At the Addition install new gypsum wallboard at the ceiling Reference Pictures: 94 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 48: “AZ room needs electrical outlets installed.” Investigator’s Observations: Verified. There are no standard use receptacles in the Arizona room. Receptacles are not installed in locations identified by the complainant as “needed”. The respondent’s price sheet includes: • The respondent’s company name • A signature of Oscar Silva • Electrical - Provide GFCI outlets throughout the entire house (buyer will designate areas outlets are needed). Reference Pictures: 95 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 49: “Security door at AZ room deadbolt hard to lock.” Investigator’s Observations: Verified. The respondent acknowledged converting this room to an “Arizona room”. The deadbolt is not operational. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 50: “Wrong dryer outlet in AZ room.” Investigator’s Observations: This allegation is NOT verified. The complainant stated this condition has been corrected by having the dryer cord replaced. Governing Rule: N/A

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Arizona Registrar of Contractors Jobsite Inspection Notes The bathroom faucets do not match. The operation of the bathroom faucets do not match. Reference Pictures: 96-97 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 52: “Light switches in both bathrooms need to match.” Investigator’s Observations: Verified. Light switches do not match. (Toggle style vs Decora style) The respondent’s price sheet includes: • The respondent’s company name • A signature of Oscar Silva • Electrical - Check all wiring and repair, replace as needed. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 53: “Guest bathroom needs more electrical outlets installed.” Investigator’s Observations: Verified. Receptacles are not installed in locations identified by the complainant as “needed”. The respondent’s price sheet includes: • The respondent’s company name • A signature of Oscar Silva • Electrical - Provide GFCI outlets throughout the entire house (buyer will designate areas outlets are needed). Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 54: “Medicine cabinets and shower rods to be installed in both bathrooms.” Investigator’s Observations: Verified. The respondent acknowledged in writing this still needs to be completed. The respondent’s price sheet includes: • The respondent’s company name • A signature of Oscar Silva • At the bathrooms provide medicine cabinets with mirrors, 2 towel bars, a robe hook, toilet paper holder and a shower rod. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

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Arizona Registrar of Contractors Jobsite Inspection Notes o As of the date of this inspection, 8/1/2023, the work is not complete. The contract also includes: • General Provisions 12 Payments may be withheld because of: (1) defective Work not remedied; (2) failure of Contractor to make proper payments to subcontractors, workers, or suppliers; (3) persistent failure to carry out Work in accordance with this Agreement of these general conditions, or… Governing Rule: A.R.S. § 32-1154(A)(2)(a): Departure from or disregard of: (a) Plans or specifications... Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner. Governing Rule: A.R.S. § 32-1154(A)(3) – R4-9-108(b): Violation of any rule adopted by the registrar; Namely R 4-9-108(b): A contractor shall perform work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

ADDITIONAL VIOLATIONS In addition to the allegations in the complaint, the following violations were verified:

Warning Letter: Elements of a Contract. Investigator’s Observations: The contract: • Is titled “Homeowner/contractor Agreement-standard” • Is signed by the complainant, Brenda Richardson • Is signed by the Oscar Silva of Silva Diversified Construction Co LLC The contract is missing the following information: • Scope of work • A payment schedule • Information about the customer’s right to file a complaint with the registrar • Contact information for the registrar Governing Rule: A.R.S. § 32-1154(A)(12), Namely A.R.S. § 32-1158(A) Minimum Elements of a Contract. Any contract in an amount of more than one thousand dollars entered into between a contractor and the homeowner of a property to be improved shall contain in writing at least the following information: 1: The name of the contractor and the contractor's business address and license number. 2: The name and mailing address of the owner and the jobsite address or legal description. 3: The date the parties entered into the contract. 4: The estimated date of completion of all work to be performed under the contract. 5: A description of the work to be performed under the contract. 6: The total dollar amount to be paid to the contractor by the owner for all work to be performed under the contract, including all applicable taxes. 7: The dollar amount of any advance deposit paid or scheduled to be paid to the contractor by the owner. 8: The dollar amount of any progress payment and the stage of construction at which the contractor will be entitled to collect progress payments during the course of construction under the contract. 9a: That the property owner has the right to file a written complaint with the registrar for an alleged violation of section 32-1154, subsection A.

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Arizona Registrar of Contractors Jobsite Inspection Notes 9b: The contract shall contain the registrar's telephone number and website address and shall state that complaints must be made within the applicable time period as set forth in section 32-1155, subsection A. 9c: The information in this paragraph must be prominently displayed in the contract in at least ten point bold type... 9d: ...and the contract shall be signed by the property owner and the contractor or the contractor's designated representative. REQUIRED CORRECTIVE ACTION: The respondent is to submit a copy of a current contract form that complies with A.R.S. § 32-1158

Warning Letter: Performing permit required work without a permit being obtained. Investigator’s Observations: This project included installing a new split system HVAC system, replacing a water heater, modifying an enclosed room, and modifying electrical. This is all permit required work that was performed without a permit being obtained. The contract: • Is titled “Homeowner/contractor Agreement-standard” • Is signed by the complainant, Brenda Richardson • Is signed by the Oscar Silva of Silva Diversified Construction Co LLC The contract includes: • General Provisions 3. The Contractor shall pay all sales and all other taxes related to the Work and shall secure and pay for building permits, fees, inspections and licenses necessary for the completion of the Work… Governing Rule: A.R.S. § 32-1154 (A)(2)(b): Departure from or disregard of: (b) A building code... Governing Rule: A.R.S. § 32-1154 (A)(3) - R 4-9-108(b): Violation of any rule adopted by the registrar; Namely R 4-9-108(b): A contractor shall perform work in accordance with any applicable building codes and professional industry standards… Building Code: IRC (International Residential Code) R105.1: “Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit.” REQUIRED CORRECTIVE ACTION: The Respondent is to obtain any and all required building permits from the Local Building Authorities prior to making corrections listed in this Directive. If the local jurisdiction finds corrective issues relating to the respondent’s work, the respondent will be required to correct those issues by appropriate means. The respondent is required to satisfy all requirements of the local building official, and to submit a copy of the approved inspection results to the ROC Investigator.

Arizona Registrar of Contractors Jobsite Inspection Notes • Is titled “Homeowner/contractor Agreement-standard” • Is signed by the complainant, Brenda Richardson • Is signed by the Oscar Silva of Silva Diversified Construction Co LLC The contract includes: • General Provisions 4. All subcontractors shall be duly licensed and bonded to perform that portion of the Work required of them. Governing Rule: A.R.S. § 32-1154(A)(16): Knowingly contracting beyond the scope of the license or licenses of the licensee.

Warning Letter: Aiding and Abetting. Investigator’s Observations: Oscar Silva • Is not a recorded owner or member of Silva Diversified Construction Co LLC • Is not an employee of Silva Diversified Construction Co LLC • Does not have an Arizona Contractor’s license. Based on information provided to the Arizona Registrar of Contractors by Sandra Silva: (Information provided most recently on January 19, 2022) • Sandra Silva is the sole 100% owner of Silva Diversified Construction Co LLC • Silva Diversified Construction Co LLC is NOT a 50/50 Shareholder Corporation or a partnership. • Silva Diversified Construction Co LLC IS a Sole-Proprietorship or Single member LLC (without employees) • Silva Diversified Construction Co LLC does not have employees, and therefore, does not have Worker’s compensation insurance. Based on information provided to the Arizona Corporation Commission by Sandra Silva: • Sandra Silva is the only recorded member of Silva Diversified Construction Co LLC Governing Rule: A.R.S. § 32-1154(A)(9) Attempting to evade this chapter by: • (a) Aiding or abetting a licensed or unlicensed person. • (b) Acting or conspiring with a licensed or unlicensed person. • (c) Allowing one's license to be used by a licensed or unlicensed person. • (d) Acting as agent, partner, associate or otherwise of a licensed or unlicensed person. Governing Rule: A.R.S. § 32-1154(A)(4) Failure to comply with the statutes or rules governing social security, worker’s compensation or unemployment insurance.

RCC100 11/14

Complainant: Brenda K Richardson PO Box 544 Rillito, AZ 85654

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: Silva Diversified Construction Co LLC 5114 S Fremont Dr Tucson, AZ 85706

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 9, 2023

License No. ROC 302757

Re: Complaint No. 2023-07426

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on August 30, 2023.

RESTRICTIONS • You may not perform or hire other contractors to perform work that is outside the scope of your license. • If your license is currently suspended for administrative reasons1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.

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

The Respondent is to obtain any and all required building permits from the Local Building Authorities, prior to making corrections listed in this Directive. If the local jurisdiction finds corrective issues relating to the respondent’s work, the respondent will be required to correct those issues by appropriate means. The respondent is required to satisfy all requirements of the local building official, and to submit a copy of the approved inspection results to the ROC Investigator. Governing Rule: A.R.S. § 32-1154(A)(2)(b): Departure from or disregard of: (b) A building code... Governing Rule: A.R.S. § 32-1154(A)(3) – R4-9-108(b) : Violation of any rule adopted by the registrar, Namely R 4-9-108: (B) A contractor shall perform work in accordance with any applicable building codes...

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 Building Code: IRC (International Residential Code) R105.1: “Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit.”

Complaint Item 1: “Framing in rear porch room have poorly cut corners/miters, excessive gaps, missed nails, post to beam brackets bent/reshaped from original condition;” Investigator’s Observations: Verified. The respondent acknowledged converting this room to an “Arizona room”. Framing in rear porch room: • Poorly cut corners / miters • Excessive gaps • Missed/protruding nails • Post to beam brackets bent/re-shaped from original condition Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 2: “Interior trim have unfilled/poorly filled nail holes, door trim poorly mortised around strike plates, strike plates poorly mortised into jambs, door trim overlapping jambs causing doors to bind, base trim not flat/parallel to floor, firelplace trim not centered,” Investigator’s Observations: Verified. The respondent’s scope of work included installing new drywall throughout the interior of the house. As a result of the drywall work: Interior trim: • Unfilled / poorly filled nail holes • Door trim poorly mortised around strike plates • Strike plates poorly mortised into jambs • Door trim flat in areas, and twisted in other areas • Door trim overlapping jambs causing doors to bind • Base trim not flat / parallel to floor • Fireplace trim not centered Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 4: “toe kick material improperly applied to the side of a cabinet,” Investigator’s Observations: Verified. The respondent’s scope of work included installing new kitchen cabinets. Interior trim: • Toe kick material improperly applied to the side of a cabinet Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 5: “master bath door has nails protruding at the bottom of jamb and staples protruding in the top of the door jamb;” Investigator’s Observations: Verified. The respondent’s scope of work included installing new drywall throughout the interior of the house. As a result of the drywall work: Interior trim: • Unfilled / poorly filled nail holes • Door trim poorly mortised around strike plates • Strike plates poorly mortised into jambs • Door trim flat in areas, and twisted in other areas • Door trim overlapping jambs causing doors to bind • Base trim not flat / parallel to floor • Fireplace trim not centered Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 6: “Electrical boxes recessed more than 1/4 inch from the finished wall surface, switches and receptacles loose in electrical boxes, cover plates glued to finished walls, receptacles painted over,” Investigator’s Observations: Verified. The respondent’s scope of work included installing new drywall throughout the interior of the house. As a result of the drywall work: Switches and receptacles: • Electrical boxes are recessed more than 1/4 inch from the finished wall surface. • Switches and receptacles loose in electrical boxes • Cover plates glued to finished walls • Receptacles and switches painted over Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 The respondent’s price sheet includes: • The respondent’s company name • A signature of Oscar Silva • Electrical - Provide GFCI outlets throughout the entire house • Electrical - Check all wiring and repair, replace as needed. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 8: “Floating laminate flooring is missing adequate required expansion space around perimeters, exposed cut ends of the flooring, flooring is not meeting flatness or levelness requirements, excessive squeaking in some areas, Laminate flooring installed in a non-climate controlled area, plank flooring is separating from subfloor in kitchen area;” Investigator’s Observations: Verified. The respondent’s scope of work included installing new floor throughout the house. Floating laminate flooring: • Missing adequate required expansion space around perimeters • Exposed cut ends of the flooring • Flooring is not meeting flatness or levelness requirements • Excessive squeaking in some areas • Laminate flooring installed in a non-climate controlled area • There is no “T” molding strips at transitions to carpeting Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 9: “Several drywall ceiling to wall seams finished with caulking only, no drywall tape or compound,” Investigator’s Observations: Verified. The respondent’s scope of work included installing new drywall throughout the interior of the house. Drywall: • Several ceiling to wall seams finished with caulking only, no drywall tape or compound. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 10: “excessive bulge in a bathroom wall,” Investigator’s Observations: Verified. The respondent’s scope of work included installing new drywall throughout the interior of the house. Drywall: • Excessive bulge in a bathroom wall Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 11: “missing drywall in closets,” Investigator’s Observations: Verified. Drywall: 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 • There is paneling, exposed framing, and missing drywall in the closets The respondent’s price sheet includes: • The respondent’s company name • A signature of Oscar Silva • Install new gypsum drywall or greenboard as per HUD estimate of costs. Remove old paneling and hang drywall, tape, texture. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 13: “no shelving or hanging rod for clothes in closets;” Investigator’s Observations: Verified. There is paneling, exposed framing, and missing drywall in the closets There are no closet rods in the closets. Closet shelving is missing, or not secure. The contract: • Is titled “Homeowner/contractor Agreement-standard” • Is signed by the complainant, Brenda Richardson • Is signed by the Oscar Silva of Silva Diversified Construction Co LLC The Contract includes: • General Provisions 1. Agreement Documents: Work not covered by the Agreement will not be required unless it is required by reasonable inference as being necessary to produce the intended result. Not to limit the foregoing, but for the sake of clarity, given Contractor’s greater knowledge and skill by comparison to the Borrower, if a reasonable person would understand material or work to be included or contemplated within the scope of the Work that is specifically included herein, although not specifically set forth, it shall be deemed included and Contractor accepts responsibility for all such items and apprising Borrower of the same. The respondent’s price sheet includes: • The respondent’s company name • A signature of Oscar Silva • Install new gypsum drywall or greenboard as per HUD estimate of costs. Remove old paneling and hang drywall, tape, texture. As stated in the contract, a “reasonable person” would consider basic closet shelves and rods as part of renovating the inside of a closet. Therefore, closet rods and shelving is part of the respondent’s contractual obligations. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 • Faucet handle is not secure and falls off Reference Pictures: 40-42, 75 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 16: “no water sealer around bathtubs,” Investigator’s Observations: Verified. The respondent’s scope of work included installing tile tub/shower surrounds in the bathrooms. Shower tiles: • Areas of lippage exceeding the acceptable tolerance of 1/32 inch • Inconsistent width of grout joints between tiles • Inconsistent width of grout joints along the ceiling • Inconsistent width of grout joints along the tubs • Excessive color variation of grout • Grout cracking in corners and along tubs Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 17: “water sealant around kitchen sink coming off;” Investigator’s Observations: Verified. The white sink installed is not the correct sink. The sink is chipped/damaged. Caulking around the sink is cracking. The countertop along the front of the sink is not adequately supported. The respondent’s price sheet includes: • The respondent’s company name • A signature of Oscar Silva • Plumbing – Install new two basin stainless steel sink, faucet with spray, drain and supplies. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 19: “return air vent not right size;” Investigator’s Observations: Verified. The louvered portion of the return air grill measures approximately 13 inches by 24 inches. The return air grill is located in the kitchen. International Residential Code M1602.2 states: “Return air shall not be taken from a closet, bathroom, toilet room, kitchen, garage, mechanical room, furnace room, or unconditioned attic.” The respondent’s price sheet includes: • The respondent’s company name • A signature of Oscar Silva • Heating & Air Cond. - Plumbing a new HVAC system. Modify the existing supply registers and grilles as required. Run ducting under the house as per conversation with buyer. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 20: “Shower tiles in bathrooms have lippage exceeding the acceptable tolerance of 1/32 inch, inconsistent width of grout joints, excessive color variation of grout;” Investigator’s Observations: Verified. The respondent’s scope of work included installing tile tub/shower surrounds in the bathrooms. Shower tiles: • Areas of lippage exceeding the acceptable tolerance of 1/32 inch • Inconsistent width of grout joints between tiles • Inconsistent width of grout joints along the ceiling • Inconsistent width of grout joints along the tubs • Excessive color variation of grout • Grout cracking in corners and along tubs Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 21: “Kitchen bar top needs sanded and stained with a thick polurethane, one end painted white;” Investigator’s Observations: Verified. The respondent’s work included: • Removing a portion of a wall between the kitchen and living room. • Installing a wood bar top on the remaining portion of the wall. The bar top is stained wood all sides/edges, except one, which is painted. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 22: “Range hood missing screws/fasteners;” Investigator’s Observations: Verified. The respondent’s scope of work included installing a range hood. 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 range hood is missing screws/fasteners Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 23: “Patio door handle loose not properly secured, needs adjusted so that it will open/close easier;” Investigator’s Observations: Verified. The respondent’s scope of work included repair/replacement of the sliding patio door. The patio door handle is loose / not properly secured. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 24: “Water heater installed without permit being obtained. Homeowner was not informed by GC or HUD consultant that one was needed or i would have made sure one was obtained. missing a catch pan as required by the manufacturer;” Investigator’s Observations: Verified. The respondent’s scope of work included installing a new water heater. Water heater: • Installed without a permit being obtained • Missing a catch pan as required by the manufacturer Governing Rule: A.R.S. § 32-1154(A)(2)(b): Departure from or disregard of: (b) A building code... Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner. Governing Rule: A.R.S. § 32-1154(A)(3) – R4-9-108(b): Violation of any rule adopted by the registrar; Namely R 4-9-108(b): A contractor shall perform work in accordance with any applicable building codes...

Complaint Item 25: “HVAC unit installed without permit being obtained. Homeowner was not informed by GC or HUD consultant that one was needed or i would have made sure one was obtained. electrical disconnect for air handler is not accessible;” Investigator’s Observations: Verified. The respondent’s scope of work included installing a new HVAC system. HVAC equipment: • Installed without a permit being obtained • Electrical disconnect for air handler is not accessible Governing Rule: A.R.S. § 32-1154(A)(2)(b): Departure from or disregard of: (b) A building code... Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner. Governing Rule: A.R.S. § 32-1154(A)(3) – R4-9-108(b): Violation of any rule adopted by the registrar; Namely R 4-9-108(b): A contractor shall perform work in accordance with any applicable building codes...

Complaint Item 26: “Need more electrical outlets in kitchen area;” Investigator’s Observations: Verified.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Not all receptacles are GFCI receptacles. There is not an adequate amount of receptacles installed in the kitchen. Receptacles are not installed in locations identified by the complainant as “needed”. The respondent’s price sheet includes: • The respondent’s company name • A signature of Oscar Silva • Electrical - Provide GFCI outlets throughout the entire house (buyer will designate areas outlets are needed). Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 29: “Due to the very poor work quality seen to date i am very concerned that the leaks in the ceiling were not repaired properly, if at all.;” Investigator’s Observations: Verified. There are visible cracks in the roofing material. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 30: “No t-bars installed in the areas where linoleum meets the carpet;” Investigator’s Observations: Verified. There are no “T” molding strips between the carpet and floating laminate floor. The gaps are up to 5/8 inch wide. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 32: “no water line was delivered or installed with refrigerator;” Investigator’s Observations: Verified. There is no water line connected to the refrigerator. The respondent’s price sheet includes: • The respondent’s company name • A signature of Oscar Silva • Appliances - Install new stainless steel refrigerator, stove with overhang microwave and exhaust. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 34: “Carpet loose, not stretched properly. Already bunching up in areas.” 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 Observations: Verified. There are areas of loose / unsecured carpet. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 35: “Shower tile in both bathrooms uneven at the top, poorly installed.” Investigator’s Observations: Verified. The respondent’s scope of work included installing tile tub/shower surrounds in the bathrooms. Shower tiles: • Areas of lippage exceeding the acceptable tolerance of 1/32 inch • Inconsistent width of grout joints between tiles • Inconsistent width of grout joints along the ceiling • Inconsistent width of grout joints along the tubs • Excessive color variation of grout • Grout cracking in corners and along tubs Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 36: “Faucet handle in bathtub of master bath is not secured with any screws, came off in my hand.” Investigator’s Observations: Verified. Installing plumbing fixtures/faucets in the tubs/showers was part of the respondent’s scope of work. Plumbing: • Tub/shower valves are crooked • Tub spouts are crooked and loose • Faucet handle is not secure and falls off Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 The respondent’s price sheet includes: • The respondent’s company name • A signature of Oscar Silva • Electrical - Check all wiring and repair, replace as needed. • Electrical - Provide ceiling lights in each room including bathrooms Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 39: “Closet doors are crooked, not hung properly.” Investigator’s Observations: Verified. The sliding closet doors are not plumb or square in the openings. The sliding closet doors do not operate smoothly. The respondent’s price sheet includes: • The respondent’s company name • A signature of Oscar Silva • Install sliding closet doors at the bedrooms. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 40: “Hole cut for kitchen sink is overcut and i am concerned that the sink is to heavy for the cabinets and will collapse and the sink needs to be sealed properly.” Investigator’s Observations: Verified. The white sink installed is not the correct sink. The sink is chipped/damaged. Caulking around the sink is cracking. The countertop along the front of the sink is not adequately supported. The respondent’s price sheet includes: • The respondent’s company name • A signature of Oscar Silva • Plumbing – Install new two basin stainless steel sink, faucet with spray, drain and supplies. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 41: “Countertops in kitchen are scratched and chipped due to the workers leaving tools, screws, debris and supplies scattered on them during renovation.” Investigator’s Observations: Verified. The respondent’s scope of work included installing new countertops. There are several areas of damage to the countertops. The home is not yet occupied. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 42: “Stove needs to be returned and replaced with a slide in to compensate the kitchen wall being removed for an open concept kitchen.” 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 Observations: Verified. The respondent’s work included: • Removing a portion of a wall between the kitchen and living room. • Installing a wood bar top on the remaining portion of the wall. • Providing and installing a range. The control panel of the range is higher than the bar top installed by the respondent. The result is the back side of the range is visible from the living room. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 44: “Trim needs to be installed, replaced or repaired as the case may be.” Investigator’s Observations: Verified. Interior trim: • Unfilled / poorly filled nail holes • Door trim poorly mortised around strike plates • Strike plates poorly mortised into jambs • Door trim flat in areas, and twisted in other areas • Door trim overlapping jambs causing doors to bind • Base trim not flat / parallel to floor • Fireplace trim not centered Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 47: “AZ room unfinished, exposed boards, ceiling not finished.” Investigator’s Observations: Verified. The Arizona room currently has exposed framing and exterior siding on the walls, and exposed framing at the ceiling/roof structure. The respondent’s price sheet includes: • The respondent’s company name • A signature of Oscar Silva • Install new gypsum drywall or greenboard as per HUD estimate of costs. Remove old paneling and hang drywall, tape, texture. The HUD estimate of costs includes: • At the Addition install new gypsum wallboard at the walls • At the Addition install new gypsum wallboard at the ceiling Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 • The respondent’s company name • A signature of Oscar Silva • Electrical - Provide GFCI outlets throughout the entire house (buyer will designate areas outlets are needed). Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 51: “Sink handles in master bathroom are installed backwards.” Investigator’s Observations: Verified. The respondent’s scope of work included installing new bathroom faucets/fixtures. The bathroom faucets do not match. The operation of the bathroom faucets do not match. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 54: “Medicine cabinets and shower rods to be installed in both bathrooms.” 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 Observations: Verified. The respondent acknowledged in writing this still needs to be completed. The respondent’s price sheet includes: • The respondent’s company name • A signature of Oscar Silva • At the bathrooms provide medicine cabinets with mirrors, 2 towel bars, a robe hook, toilet paper holder and a shower rod. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 55: “NOTE: General contractor has not completed/finished the job due to lack of funds according to Oscar Silva. He requested last payment but per the loan agreement the job has to be complete before the last check can be issued.” Investigator’s Observations: Verified. Per Closing Document, the closing date was 10/7/2022 The contract includes: • General Provisions 9 All Work must be completed by within 180 days (6 months) from the closing of the loan irrespective of any delays or approved extensions. o 10/7/2022 Plus 180 days equals 4/5/2023 o As of the date of this inspection, 8/1/2023, the work is not complete. The contract also includes: • General Provisions 12 Payments may be withheld because of: (1) defective Work not remedied; (2) failure of Contractor to make proper payments to subcontractors, workers, or suppliers; (3) persistent failure to carry out Work in accordance with this Agreement of these general conditions, or… Governing Rule: A.R.S. § 32-1154(A)(2)(a): Departure from or disregard of: (a) Plans or specifications... Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner. Governing Rule: A.R.S. § 32-1154(A)(3) – R4-9-108(b): Violation of any rule adopted by the registrar; Namely R 4-9-108(b): A contractor shall perform work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

ADDITIONAL VIOLATIONS In addition to the allegations in the complaint, the following violations were verified:

Warning Letter: Elements of a Contract. Investigator’s Observations: The contract: • Is titled “Homeowner/contractor Agreement-standard” 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 • Is signed by the complainant, Brenda Richardson • Is signed by the Oscar Silva of Silva Diversified Construction Co LLC The contract is missing the following information: • Scope of work • A payment schedule • Information about the customer’s right to file a complaint with the registrar • Contact information for the registrar Governing Rule: A.R.S. § 32-1154(A)(12), Namely A.R.S. § 32-1158(A) Minimum Elements of a Contract. Any contract in an amount of more than one thousand dollars entered into between a contractor and the homeowner of a property to be improved shall contain in writing at least the following information: 1: The name of the contractor and the contractor's business address and license number. 2: The name and mailing address of the owner and the jobsite address or legal description. 3: The date the parties entered into the contract. 4: The estimated date of completion of all work to be performed under the contract. 5: A description of the work to be performed under the contract. 6: The total dollar amount to be paid to the contractor by the owner for all work to be performed under the contract, including all applicable taxes. 7: The dollar amount of any advance deposit paid or scheduled to be paid to the contractor by the owner. 8: The dollar amount of any progress payment and the stage of construction at which the contractor will be entitled to collect progress payments during the course of construction under the contract. 9a: That the property owner has the right to file a written complaint with the registrar for an alleged violation of section 32-1154, subsection A. 9b: The contract shall contain the registrar's telephone number and website address and shall state that complaints must be made within the applicable time period as set forth in section 32-1155, subsection A. 9c: The information in this paragraph must be prominently displayed in the contract in at least ten point bold type... 9d: ...and the contract shall be signed by the property owner and the contractor or the contractor's designated representative. REQUIRED CORRECTIVE ACTION: The respondent is to submit a copy of a current contract form that complies with A.R.S. § 32-1158

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 • General Provisions 3. The Contractor shall pay all sales and all other taxes related to the Work and shall secure and pay for building permits, fees, inspections and licenses necessary for the completion of the Work… Governing Rule: A.R.S. § 32-1154 (A)(2)(b): Departure from or disregard of: (b) A building code... Governing Rule: A.R.S. § 32-1154 (A)(3) - R 4-9-108(b): Violation of any rule adopted by the registrar; Namely R 4-9-108(b): A contractor shall perform work in accordance with any applicable building codes and professional industry standards… Building Code: IRC (International Residential Code) R105.1: “Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit.” REQUIRED CORRECTIVE ACTION: The Respondent is to obtain any and all required building permits from the Local Building Authorities prior to making corrections listed in this Directive. If the local jurisdiction finds corrective issues relating to the respondent’s work, the respondent will be required to correct those issues by appropriate means. The respondent is required to satisfy all requirements of the local building official, and to submit a copy of the approved inspection results to the ROC Investigator.

Warning Letter: Working beyond scope of License. Investigator’s Observations: The respondent has a KB-2 License )Dual Residential and Small Commercial) The respondent acknowledged the water heater replacement and the plumbing work were not subcontracted to an appropriately licensed contractor. The scope of work allowed by this license includes: “Work related to electrical, plumbing, fire protection systems, air conditioning systems, boilers, swimming pools, spas and water wells must be subcontracted to an appropriately licensed contractor…” The contract: • Is titled “Homeowner/contractor Agreement-standard” • Is signed by the complainant, Brenda Richardson • Is signed by the Oscar Silva of Silva Diversified Construction Co LLC The contract includes: • General Provisions 4. All subcontractors shall be duly licensed and bonded to perform that portion of the Work required of them. Governing Rule: A.R.S. § 32-1154(A)(16): Knowingly contracting beyond the scope of the license or licenses of the licensee.

Warning Letter: Aiding and Abetting. Investigator’s Observations: Oscar Silva • Is not a recorded owner or member of Silva Diversified Construction Co LLC 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 • Is not an employee of Silva Diversified Construction Co LLC • Does not have an Arizona Contractor’s license. Based on information provided to the Arizona Registrar of Contractors by Sandra Silva: (Information provided most recently on January 19, 2022) • Sandra Silva is the sole 100% owner of Silva Diversified Construction Co LLC • Silva Diversified Construction Co LLC is NOT a 50/50 Shareholder Corporation or a partnership. • Silva Diversified Construction Co LLC IS a Sole-Proprietorship or Single member LLC (without employees) • Silva Diversified Construction Co LLC does not have employees, and therefore, does not have Worker’s compensation insurance. Based on information provided to the Arizona Corporation Commission by Sandra Silva: • Sandra Silva is the only recorded member of Silva Diversified Construction Co LLC Governing Rule: A.R.S. § 32-1154(A)(9) Attempting to evade this chapter by: • (a) Aiding or abetting a licensed or unlicensed person. • (b) Acting or conspiring with a licensed or unlicensed person. • (c) Allowing one's license to be used by a licensed or unlicensed person. • (d) Acting as agent, partner, associate or otherwise of a licensed or unlicensed person. Governing Rule: A.R.S. § 32-1154(A)(4) Failure to comply with the statutes or rules governing social security, worker’s compensation or unemployment insurance.

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

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 It is not common to install backsplash material behind a free standing range with a built-in backsplash control. Governing Rule: N/A

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

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

Sincerely,

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

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Arizona Registrar of Contractors Compliance Notes

Case No.: 2023-07426 Investigator: John Smith #194

Complainant: Brenda Richardson

Respondent: Silva Diversified Construction Co LLC

Compliance Notes: General Notes: • 8/9/2023 The Directive was issued allowing 21 days for corrective actions. • The respondent was previously advised in writing: “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.” • 8/18/2023 By phone, the respondent’s attorney advised the ROC Investigator that the respondent would be obtaining the needed permits, and would also be proceeding with the corrective work that does not require a permit. • At no time did either party request the Directive time be extended. • 8/31/2023 Emailed confirmation from the complainant that the respondent has not performed any corrective work, and has not contacted her.

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

Sincerely,

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

RCC100 11/14

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Brenda K Richardson, Case No. 2023-07426 COMPLAINANT, v. Silva Diversified Construction Co LLC CITATION License No. ROC 302757,

RESPONDENT.

The Registrar issues this Citation to Silva Diversified Construction Co LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by September 22, 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 July 2, 2023, Brenda K Richardson (“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)(2)(a) Departure from or disregard of: (a) Plans or specifications in any material respect that is prejudicial to another without consent of the owner or the owner's of 7

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 duly authorized representative and without the consent of the person entitled to have the particular construction project or operation completed in accordance with such plans and specifications and code. Charge :2 A.R.S. § 32-1154(A)(2)(b) Departure from or disregard of: (b) A building code of this state or any political subdivision of this state in any material respect that is prejudicial to another.

Charge :3 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. Charge :4 A.R.S. § 32-1154(A)(3) - R4-9-108(b) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

Charge :5 A.R.S. § 32-1154(A)(4) Failure to comply with the statutes or rules governing social security, workers's compensation or unemployment insurance. Charge :6 A.R.S. § 32-1154(A)(9)(a) Attempting to evade this chapter by: (a) Aiding or abetting a licensed or unlicensed person. of 7

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 :7 A.R.S. § 32-1154(A)(12) - A.R.S. § 32-1158 Failure in any material respect to comply with this chapter; Namely A.R.S. § 32- 1158. Charge :8 A.R.S. § 32-1154(A)(16) Knowingly contracting beyond the scope of the license or licenses of the licensee.

Charge :9 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 of 7

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 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. 2023-07426. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted] The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than September 22, 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). of 7

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602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 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. of 7

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated September 7, 2023. By: /s/ Tedi Quezada Tedi Quezada Legal Assistant Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, September 7, 2023 to:

Respondent Certified Mail No: [number redacted]

Silva Diversified Construction Co LLC 5114 S Fremont Dr. Tucson, AZ 85706-1459 Copy mailed by USPS First Class mail this same date to:

Respondent Silva Diversified Construction Co LLC 5114 S Fremont Dr. Tucson, AZ 85706-1459

Respondent’s Attorney Charles R Hyde Esq. 182 N Court Ave Tucson, AZ 85701

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Complainant Brenda K Richardson PO Box 544 Rillito, AZ 85654

Copy sent electronically this same date to: Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar Case No. 2023-07426

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Received by Investigations 8/31/23, 1:19 PM State of Arizona Mail - 2023-07426 08/31/2023 From the Complainant

John Smith <[email redacted]>

2023-07426 messages

John Smith <[email redacted]> Thu, Aug 31, 2023 at 8:03 AM To: Brenda K Richardson <[email redacted]>

Ms. Richardson, The due date specified on the Directive was yesterday at 5:00PM.

Has the respondent performed any work on site since the Directive was issued? Has the respondent contacted you since the Directive was issued?

Please advise.

Thank you,

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

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

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

https://mail.google.com/mail/u/0/?ik=78b31fbe7e&view=pt&search=all&permthid=thread-a:r7525474113043221096&simpl=msg-a:r752712660055487… 1/2 Received by Investigations 8/31/23, 1:19 PM State of Arizona Mail - 2023-07426 08/31/2023 Brenda Richardson <[email redacted]> Thu,From Augthe 31,Complainant 2023 at 12:33 PM To: John Smith <[email redacted]>

No John, he has not contacted me or performed any work. [Quoted text hidden]

https://mail.google.com/mail/u/0/?ik=78b31fbe7e&view=pt&search=all&permthid=thread-a:r7525474113043221096&simpl=msg-a:r752712660055487… 2/2 Received by Investigations 7/24/23, 3:54 PM State of Arizona Mail - New items to be added to complaint filed with ROC 07/24/2023 From the Complainant

John Smith <[email redacted]>

New items to be added to complaint filed with ROC message

Brenda Richardson <[email redacted]> Sun, Jul 23, 2023 at 10:59 AM To: [email redacted], Oscar Silva <[email redacted]>

Date - July 23, 2023

Investigator - John Smith Badge 194 Arizona Registrar of Contractors, AZ 1700 W Washington St Suite 105

*Carpet loose, not stretched properly. Already bunching up in areas.

*Shower tile in both bathrooms uneven at the top, poorly installed.

*Faucet handle in bathtub of master bath is not secured with any screws, came off in my hand.

*Need two (2) additional electrical outlets installed in master bedroom.

*Outlet switch in den needs to be wired to operate the overhead light.

*Closet doors are crooked, not hung properly.

*Hole cut for kitchen sink is overcut and i am concerned that the sink is to heavy for the cabinets and will collapse and the sink needs to be sealed properly.

*Countertops in kitchen are scratched and chipped due to the workers leaving tools, screws, debris and supplies scattered on them during renovation.

*Stove needs to be returned and replaced with a slide in to compensate the kitchen wall being removed for an open concept kitchen.

https://mail.google.com/mail/u/0/?ik=78b31fbe7e&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted] 1/2 Received by Investigations 7/24/23, 3:54 PM State of Arizona Mail - New items to be added to complaint filed with ROC 07/24/2023 From the Complainant

*Cabinets need to be installed above the refrigerator and the space between the pantry and the refrigerator filled with a small countertop.

*Trim needs to be installed, replaced or repaired as the case may be.

*Some windows were not reinstalled properly, possibly backwards. Windows need insulation throughout.

*AZ room roof leaking into the HVAC system and throughout the entire room and possibly throughout the entire home.

*AZ room unfinished, exposed boards, ceiling not finished.

*AZ room needs electrical outlets installed.

*Security door at AZ room deadbolt hard to lock.

*Wrong dryer outlet in AZ room.

*Sink handles in master bathroom are installed backwards.

*Light switches in both bathrooms need to match.

*Guest bathroom needs more electrical outlets installed.

*Medicine cabinets and shower rods to be installed in both bathrooms.

NOTE: General contractor has not completed/finished the job due to lack of funds according to Oscar Silva. He requested last payment but per the loan agreement the job has to be complete before the last check can be issued.

https://mail.google.com/mail/u/0/?ik=78b31fbe7e&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted] 2/2 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)

Brenda K Richardson Mailing Address (Enter jobsite in Contract/Project section) City State Zip

PO Box 544 Rillito Arizona 85654 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

Phone Number of Attorney Email of Attorney

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

Silva Diversified Construction Co LLC ROC 302757 Street Address City State Zip

5114 S Fremont Dr Tucson AZ 85706 Phone Number Email

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

Oscar Silva Contract/Project Information Contract Date Contract Amount Amount Paid

August 16, 2022 $55,922.30 $45,811.17 Date Work Started Date Work Stopped Date Work Was Completed

October 10, 2022 June 15, 2023 June 15, 2023 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

12330 N. Whitetail Rd Marana AZ 85653 Name of Construction Site Owner Construction Site Name (if applicable)

Oscar Silva Phone Number of Construction Site Owner Email of Construction Site Owner

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

RCC099 12/05/18 Page 1 of 3 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

Has any work been corrected? No

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

A building permit was obtained by N/A 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)

Framing in rear porch room have poorly cut corners/miters, excessive gaps, missed nails, post to beam brackets bent/re- shaped from original condition; Interior trim have unfilled/poorly filled nail holes, door trim poorly mortised around strike plates, strike plates poorly mortised into jambs, door trim overlapping jambs causing doors to bind, base trim not flat/parallel to floor, firelplace trim not centered, caulking and paint on surface of cabinets, cabinet trim and in carpet, toe kick material improperly applied to the side of a cabinet, master bath door has nails protruding at the bottom of jamb and staples protruding in the top of the door jamb; Electrical boxes recessed more than 1/4 inch from the finished wall surface, switches and receptacles loose in electrical boxes, cover plates glued to finished walls, receptacles painted over, at lease one receptacle in the living room is not working; Floating laminate flooring is missing adequate required expansion space around perimeters, exposed cut ends of the flooring, flooring is not meeting flatness or levelness requirements, excessive squeaking in some areas, Laminate flooring installed in a non-climate controlled area, plank flooring is separating from subfloor in kitchen area; Several drywall ceiling to wall seams finished with caulking only, no drywall tape or compound, excessive bulge in a bathroom wall, missing drywall in closets, drywall severely overcut at switches and receptacles and filled in with compound only, no shelving or hanging rod for clothes in closets; Tub/shower valves crooked, tub spouts crooked and loose, can't turn handle to get full hot water in bathrooms, no water sealer around bathtubs, water sealant around kitchen sink coming off; HVAC air vent screws not fully or properly installed, return air vent not right size; Shower tiles in bathrooms have lippage exceeding the acceptable tolerance of 1/32 inch, inconsistent width of grout joints, excessive color variation of grout; Kitchen bar top needs sanded and stained with a thick polurethane, one end painted white; Range hood missing screws/fasteners; Patio door handle loose not properly secured, needs adjusted so that it will open/close easier; Water heater installed without permit being obtained. Homeowner was not informed by GC or HUD consultant that one was needed or i would have made sure one was obtained. missing a catch pan as required by the manufacturer; HVAC unit installed without permit being obtained. Homeowner was not informed by GC or HUD consultant that one was needed or i would have made sure one was obtained. electrical disconnect for air handler is not accessible; Need more electrical outlets in kitchen area; Ceiling in den not secured properly, making a squeaking noise as it spins; Sewer smell coming from bathtubs. Something wasn't installed or wasn't installed properly to alleviate this smell.; Due to the very poor work quality seen to date i am very concerned that the leaks in the ceiling were not repaired properly, if at all.; No t-bars installed in the areas where linoleum meets the carpet; No backsplash was installed behind the stove area after wall was removed to make open area, no water line was delivered or installed with refrigerator; Still need small countertop installed between the refrigerator and the pantry as well as two overhead cabinets installed above refrigerator.

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.

RCC099 12/05/18 Page 2 of 3 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

Printed Name Signature Date

Brenda K Richardson \complainant1\ \complainantd1\

RCC099 12/05/18 Page 3 of 3 Install new 1/4" plywood to remaining floors to match added $2475.00 by others. Must keep same floor finish elevations the same. Glue and fasten with wood screws. SF approx. 950.

2/16/2023 11/12/2022 11/12/2022 RECEIVED LEGAL 9/22/2023

THE LAW OFFICE OF C.R. HYDE, PLC ATTORNEY AT LAW 2810 NORTH SWAN ROAD SUITE 150 TUCSON, ARIZONA 85712 TELEPHONE: (520) 270-1110 FACSIMILE: (520) 547-2475 SBA # 22512 Attorney for Respondent Silva Diversified Construction Co LLC BEFORE THE REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA Registrar of Contractors, Case No. 2023-07426 Complainant, RESPONDENT’S WRITTEN v. ANSWER TO COMPLAINANT’S CITATION AND COMPLAINT Silva Diversified Construction Co LLC, License No. ROC 302757,

Respondent. ALJ TAMMY EIGENHEER Respondent Silva Diversified Construction Co LLC (“Respondent”), by and through

undersigned counsel, files this Answer to Brenda K Richardson (the “Complainant”) complaint (“Complaint”) and states and allege as follows: THE WRITTEN COMPLAINT 1. The Respondent admits that Brenda K Richardson filed the Complaint with

the Registrar and that the Registrar issued a citation (the “Citation”) relative to the Complaint and that Jurisdiction is proper under A.R.S. §32-1104. RECEIVED LEGAL 9/22/2023

A FORMAL STATEMETN OF THE CHARGES AGAINST RESPONDENT 2. The Respondent admits the Registrar performed an investigation and found cause to charge Respondent with violations of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent, however, denies many of allegations contained in Complaint.

CHARGES ONE THROUGH FOUR 3. The Respondent denies the violations alleged in charges one through four of the Complaint. 4. Specifically, as to Charge 1, Respondent denies that it departed from or

disregarded plans or specification in any material respect that is prejudicial to another without consent of the owner pursuant to A.R.S. § 32-1155(A)(2(a). 5. As to Charge 2, Respondent denies that it Respondent denies that it departed from or disregarded a building code of this state in any material respect that is prejudicial to

another A.R.S. § 32-1154(A)(2)(b). 6. As to Charge 3, that respondent denies that it violated any rule adopted by the Registrar, namely A.A.C. R4-9-108(a). CHARGES FIVE AND SIX 7. As to Charge 5, Respondent denies that it failed to comply with the statutes or rules governing social security, worker’s compensation or unemployment insurance as required by A.R.S. § 32-1154(A)(4). RECEIVED LEGAL 9/22/2023

8. As to Charge 6, Respondent denies that it aided or abet an unlicensed person

pursuant to A.R.S. § 32-1154(A)(9)(a). CHARGES SEVEN THROUGH NINE 9. As to Charge 7, Respondent denies that it failed to materially comply with this chapter, namely A.R.S. § 32-1158.

10. As to Charge 8, Respondent denies knowingly contracting beyond the scope of its license as required by A.R.S. § 32-1154(A)(16). 11. As to Charge 9, Respondent denies failing to take appropriate corrective action to comly with this chapter without valid justification within a reasonable amount fo

time after receiving a written directive from the Registrar. A.R.S. § 41-1092.06 REQUEST FOR SETTLEMENT CONFERENCE 12. Respondent requests that prior to a hearing on the Complaint that the parties to the matter be referred to a settlement conference pursuant to mediator. A.R.S. § 32-

1154(A)(22). WHEREFORE, Respondent requests that: A. All relief requested by Complainant in its Complaint be denied, and judgment entered in Respondent’s favor on all counts; B. The license of the Respondent not be revoked or suspended. ::: ::: ::: RECEIVED LEGAL 9/22/2023

C. For such other and further relief as the Court deems just and appropriate.

DATED this 22ND day of September 2023. The Law Offices of C.R. Hyde, PLC By /s/ C.R Hyde_______________ Charles R. Hyde Attorney for Respondent

COPY mailed the 22nd day of September 2023 to: Brenda Richardson 123330 North Whitetail Road Marana, AZ 85653 COPY e-mailed the 22nd day of September 2023 to:

[email redacted] RECEIVED LEGAL 9/22/2023

Answers - AZROC <[email redacted]>

RE: ROC Complaint 2023-07426 message

crhyde oldpueblobankruptcy.com <[email redacted]> Fri, Sep 22, 2023 at 9:13 AM To: "[email redacted]" <[email redacted]>, "[email redacted]" <[email redacted]>

To Whom It May Concern:

Please find the attached answer in the above referenced ROC case number.

Thanks

C.R.

Charles R. Hyde

Attorney at Law

Law Offices of C.R. Hyde

2810 North Swan Road Suite 150

Tucson, Arizona 85712

Office: 520-270-1110

CONFIDENTIAL AND PRIVILEGED This e-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521. It is confidential and privileged. If you are not the intended recipient any retention, dissemination, distribution or copying of this communication is strictly prohibited. Please reply to the sender if you have received the message in error, then delete it.

From: crhyde oldpueblobankruptcy.com Sent: Thursday, September 21, 2023 12:28 PM To: [email redacted] Subject: ROC Complaint 2023-07426

Mary, I received your email. My address is 2810 N Swan Road Suite 150, T/AZ 85712. I will have the answer filed by 2:00 p.m. tomorrow.

Thanks! RECEIVED LEGAL 9/22/2023

Charles R. Hyde

Attorney at Law

Law Offices of C.R. Hyde

2810 North Swan Road Suite 150

Tucson, Arizona 85712

Office: 520-270-1110

Answer to ROC Complaint - Richardson.pdf 117K 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