2023A-07437-CHC-ROC Notice of Hearing and Packet MAILED

2023A-07437-CHC-ROC · Registrar of Contractors · 2023-10-26

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA Kabir Singh Bains , Case No. 2023-07437 COMPLAINANT, Docket No. 2023A-07437-CHC-ROC v. NOTICE OF HEARING ON CONTESTED CASE Bacon Family Contracting LLC License No. ROC 319131,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

December 14, 2023 9:00 AM Jenna Clark Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person. If you have requested to appear in-person at the hearing, the hearing will

be held at 1740 W Adams Street, Phoenix, AZ 85007.

You must attend this hearing. This is an adversarial hearing before an administrative

law judge, and is conducted in a similar manner as judicial proceedings. Thus, you must be

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

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

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

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

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

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

complaint and citation, which were served on the Respondent on October 3, 2023. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED The complaint and citation allege that the Respondent committed the following act(s): Charge: 1 A.R.S. § 32-1154(A)(3) - R4-9-108(a)

Charge: 2 A.R.S. § 32-1154(A)(22)

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

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

be a party to the hearing.

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

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

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

1156(B).

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

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

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

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

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

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

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

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

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

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

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

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

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

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

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

CHANGING THE HEARING DATE

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

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

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

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

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

RESOLUTION SHORT OF ADJUDICATION

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

Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of the resolution or settlement. Any such cases will be listed on the Registrar’s website and its records under the category: “Closed Complaints – Resolved/Settled/Withdrawn.” Dated October 26, 2023.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail October 26, 2023 to:

Respondent(s) Bacon Family Contracting LLC 232 W Reeves Ave San Tan Valley, AZ 85140 Complainant(s) Kabir Singh Bains 11 W Washington Street Suite 120 Phoenix, AZ 85003

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. 2023-07437 /

Katie Hobbs, Governor Martin Quezada, Director

Hearing Packet FAQ What is the Hearing Packet?

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

Who gets the Hearing Packet?

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

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

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

What is in the Hearing Packet?

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

● Original complaint;

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

Katie Hobbs, Governor Martin Quezada, Director

● Citation; and ● Answer.

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

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

What if there are documents missing from the Hearing Packet?

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

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

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

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

Katie Hobbs, Governor Martin Quezada, Director

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

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

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

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

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

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

Complainant: Kabir Singh Bains W Washington Street Suite 120 Phoenix, AZ 85003

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: Bacon Family Contracting LLC 232 W Reeves Ave San Tan Valley, AZ 85140

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 July 11, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-07437

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for August 9, 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.

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 either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time.

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

Sincerely, Jack Grimm Jack Grimm, Investigator #172 602 7716741 [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.

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 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.

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

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

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 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Kabir Singh Bains, Case No. 2023-07437 COMPLAINANT, v. Bacon Family Contracting LLC CITATION License No. ROC 319131,

RESPONDENT.

The Registrar issues this Citation to Bacon Family Contracting LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by October 18, 2023, then under A.R.S. § 32-1155(C), Respondent’s failure to answer may be deemed an admission of the act or acts charged in the underlying complaint, and the Registrar may then suspend or revoke Respondent’s license(s). THE WRITTEN COMPLAINT On June 30, 2023, Kabir Singh Bains (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating: Charge :1 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9- 108(a): A contractor shall perform all work in a professional and workmanlike manner. of 5

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Charge :2 A.R.S. § 32-1154(A)(22) Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within

a reasonable period of time after receiving a written directive from the

Registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held.

If the matter proceeds to a hearing and the administrative law judge determines that any

of the charges listed above are supported by a preponderance of the evidence, then

Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be

subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E)

and (F).

FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2023-07437. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted] of 5

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than October 18, 2023. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an of 5

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any 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. of 5

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Dated October 3, 2023. By: /s/ Shaquira Adebule Shaquira Adebule Legal Assistant II Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, October 3, 2023 to: Respondent Certified Mail No: [number redacted] Bacon Family Contracting LLC 232 W Reeves Ave San Tan Valley, AZ 85140

Copy mailed by USPS First Class mail this same date to: Respondent Bacon Family Contracting LLC 232 W Reeves Ave San Tan Valley, AZ 85140 Complainant Kabir Singh Bains W Washington Street Suite 120 Phoenix, AZ 85003 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. 2023-07437 / SA

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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 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 1740 W Adams St., Lower Level, 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 Received by Investigations 06/30/2023 2023-07437 Received by Investigations 06/30/2023 2023-07437 ROC 319131

COMMERCIAL CONSTRUCTION CONTRACT

Thank you for choosing Bacon Family Contracting to perform the construction work for your project. This Commercial Construction Contract (“Contract”) defines the terms and conditions on which Bacon Family Contracting offers to perform the work. Please read and review this contract to confirm that it fulfills your needs. By signing this Contract, the parties mutually agree to perform and adhere to the following terms and conditions, for the consideration stated.

Terms and Conditions

1. Parties. This Contract is made between Kabir Bains dba BMS Enterprises LLC (“Owner”), and Bacon Family Contracting LLC, an Arizona limited liability company (“Contractor”). 2. Project. The “Project” refers to the place of performance located at 11 W. Washington St. Ste 120 Phoenix, Az 85003 3. Work. Owner: (a) approves the identified scope of work (“Work”) and the corresponding schedule of values stated in the Estimate at Exhibit A (“Estimate”; this Contract and the Estimate are collectively referred to as the “Contract Documents”); (b) agrees to pay the Contractor the Contract Price as set forth in Paragraph 4 below; and (c) authorizes and directs Contractor to proceed with the Work. In consideration for payment of the Contract Price, Contractor shall furnish all materials, equipment, labor, service and supervision required to completely perform the Work in a workmanlike manner and in accordance with applicable building codes. Per this contract, this scope is to include GC services only. No subcontractor work has been approved or completed by Contractor per this document. 4. Contract Price. The Owner shall pay the Contractor, as total consideration for Contractor’s performance of the Work, the sum of $5,000.00, inclusive of all taxes (the “Contract Price”). The Contract Price shall be payable by the following draw schedule. a. 50% due prior to Work commencing b. 50% due at substantial completion (C of O)

Any installment which is not paid when due shall bear interest from the due date at the rate of twelve percent (12%) per annum.

5. Owner Representations and Warranties. Owner represents and warrants that it is either the legal title holder to the property on which the Project is located or an owner-authorized tenant acting within necessary right and authority to contract for the Work at the Project. Owner represents and warrants that it presently has, and will have as necessary, sufficient funds available, allocated and dedicated to payment of the Contract Price as installments become due. 6. Changes In Work. The Work shall be subject to changes by additions, deletions or revisions by Owner. Owner shall notify Contractor of such changes by delivery of additional and/or revised drawings, specifications, exhibits or written orders. Whenever an adjustment in the Contract Price is required because of Owner’s change request, differing site conditions, errors in plans and specifications, or other circumstances beyond the control of the Contractor (including acts of any government authority, acts of public enemy, fire, flood, unusual delay in transportation, abnormal weather conditions, labor disputes, strikes, lack of worksite access, acts of God, natural disasters, or acts of third parties), Contractor shall submit to Owner, within a reasonable time, a detailed estimate with supporting calculations and pricing, together with any adjustments to the Contract Price. Pricing of the adjustment shall be in general accordance with the pricing structure in the Estimate. However, to the extent that such pricing is inapplicable, cost of the change or the amount of the adjustment shall be determined based on the cost to the Contractor plus reasonable amounts for overhead and profit. Contractor shall not be obligated to perform changes in the Work or additional work until Owner has approved, in writing the changes to the Contract Price and/or Change Order request form. Unless otherwise agreed by Contractor, if the Contract Price will be increased due to a change order, the cost of such Change Order will be billed separately from the Contract Price and the cost thereof will be due and payable prior to the commencement of Work pursuant to said Change Order.

7. Differing Site Conditions. Contractor shall promptly upon discovery notify the Owner in writing of any: (a) hazardous material that, because of its quantity, concentration or physical or chemical characteristics, is deemed by any federal, state, or local government authority to pose a present or potential hazard to human health or safety to the environment, or that the handling of which may subject Contractor to legal liability; (b) subsurface or latent physical conditions at the site materially different from those indicated in the Contract Documents; or (c) unknown physical or other conditions at the site of an unusual nature, materially different from those ordinarily encountered and generally recognized as inherent to work of the character provided for under the Contract. Owner shall promptly investigate such conditions. If Owner finds that the worksite conditions do materially differ, or involve hazardous material, Owner shall make equitable adjustment in the Contract Price for such Work by issuing a change order under Paragraph 6 above.

8. Materials. All finishes and building products will match those specified in the attached Estimate. Any changes to the scope, specified products or finishes shall be subject to the change order provisions of Paragraph 6 above. Selectable building products,finishes and colors must be approved by Owner in writing prior to commencement of Work if not previously specified in the Estimate or on any approved Change Orders.

9. Access And Inspections. Owner shall provide Contractor reasonable access to the space into which the Work will be placed at the Project site. Contractor shall make the Work accessible at all reasonable time for inspection by Owner.

10. Surveys, Drawings, Plans And Reports. Owner shall furnish to the Contractor for the Work, prior to the start of Work, all necessary surveys, drawings, plans, and reports describing the physical characteristics, soil, geological and subsurface conditions, legal limitations, utility locations and legal descriptions that might assist Contractor in properly evaluating the extent and character of the Work required.

11. Taxes. Contractor shall pay all required sales, consumer, use and similar taxes for the Work or portions thereof provided by the Contractor.

12. Permits, Licenses, And Regulations. Unless otherwise provided in the Contract Documents, Owner shall be financially responsible for all additional expenses to procure all building permits and other permits or licenses necessary to perform Contractor’s Work and which are required under any statute, ordinance or regulation. If Contractor observes or is informed that the specified Work conflicts or varies from the laws, ordinances, rules and regulations bearing on the performance of the Work, Contractor shall promptly notify the Owner of such conflict or variance. If any such conflict or variances result in any necessary changes in the Work, Contractor shall be entitled to an equitable adjustment to the Contract Price.

13. Title and Delivery. All materials or equipment delivered to the Project are to be considered the property of Contractor until such materials or equipment actually shall have been utilized in and become a part of the finished Work under this Contract. Contractor shall be responsible for the delivery, unloading and storing of all materials or equipment owned or used by Contractor in performing the Work.

14. Temporary Utilities. Owner shall provide, at Owner’s sole cost and expense, all water, sewer, HVAC and electric services and toilet facilities at the Project site necessary for Contractor’s use in performing the Work.

15. Safety Measures. Contractor and its subcontractors shall take all necessary precautions to guard against possible fire hazards and shall comply with all applicable state and local fire, safety and sanitary laws, regulations and ordinances as well as established safety and fire prevention rules and practices of Owner.

16. Substantial Completion And Scheduling. “Substantial Completion” is the state in the progress of the Work when the Work is sufficiently complete so that the Owner can occupy or utilize the Work for its intended purpose. When Contractor considers that the Work has reached Substantial Completion, Contractor shall prepare and submit to Owner both a certificate of Substantial Completion and a comprehensive punch list of items (minor items which do not affect the ability to occupy or utilize the Work for its intended purpose) to be completed or corrected. Contractor shall thereafter proceed promptly to complete and correct the items on the punch list. From time to time, Contractor may provide or make available to Owner scheduling information with estimates for the performance of specified activities and completion of Work. Any such Contractor scheduling information shall be offered for estimate purposes only, and shall not be considered a guaranteed completion schedule or date.

17. Contractors Limited Warranty. Contractor warrants to the Owner that all materials and equipment furnished under this Contract shall be new unless otherwise specified and that all Work under this agreement will be performed in a good and workmanlike manner, shall be of good quality, free from faults and defects, and in conformance with Contract Documents for a period of two (2) years following completion. Contractor, during normal business hours and at its expense, will make any and all necessary repairs and replacements, provided such repairs and replacements are necessary as a result of defective workmanship or materials and provided Contractor is granted reasonable access to the Project during normal hours. Contractor’s obligations under this warranty are limited to repair and replacement. This contract does not include labor or materials provided by subcontractors that are not contracted directly with Contractor. CONTRACTOR GIVES NO WARRANTIES EXCEPT THOSE EXPRESSLY CONTAINED HEREIN. CONTRACTOR DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS IMPLIED BY LAW, USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE.

18. Liens. Contractor shall keep the Project free from third-party liens arising from the Work. However, Contractor shall be entitled to serve a preliminary lien notice at the commencement of Work, or anytime thereafter. Contractor shall further be entitled to make and record a claim of lien against the Project in the event Owner fails to timely make any payment due Contractor under Contract, and Owner fails to cure such default within ten (10) days after written notice from Contractor.

19. Indemnity. So long as there is no uncured Owner default, Contractor shall: (a) defend, indemnify and hold Owner harmless against any third-party liens asserted against the Project or Contractors Work based on claim for materials, operating equipment, or labor furnished under this Contract by Contractor, its subcontractors, or materialmen; and (b) defend and indemnify Owner of any and all liability, loss, damage, or expense, on account of any claim for any injury or death of any persons, or loss or destruction of or damage to property (other than the Work itself), but only to the extent arising out of or resulting from negligence in connection with any work performed or material equipment furnished by Contractor, or any of its subcontractors or materialmen, or rising out of the negligent act or omission to act of any employee of Contractor or any of its subcontractors or materialmen.

20. Termination A. By Owner. The Owner may, at its option, terminate the Contract by written notice to Contractor, but only if: (a) Contractor fails to supply a sufficient number of properly skilled workmen or sufficient materials of proper quality; or (b) Contractor fails to comply with any of the terms or conditions of this Contract; and Contractor fails to cure any such default described in subsections (a) through (b) within ten (10)days after written notice from Owner of such default. Upon termination of the Contract in accordance herewith, Owner shall pay Contractor in discharge of all obligations under the Contract, without duplication and only for (i) such portion of Contractor’s Work as Contractor and its subcontractors shall have completed, with reasonable overhead and profit, plus (ii) Contractors cost of materials which have been delivered to the Site up to the effective date of termination, plus (iii) Contractor’s cost of materials to be used in performance of the Contract for which bona fide, irrevocable purchase orders have been placed by Contractor prior to the effective date of termination and settled hereunder, provided that such materials are delivered to Owner within a reasonable period after the effective date of termination, plus (iv) Contractor’s cost of terminating and settling orders and subcontractors, plus (v) Contractors cost of complying with Owners directions relative to the preservation of the Work in progress and the protection of materials and equipment on the Project site or in transit thereto. The sum of all amounts paid under the Contract shall in no event exceed the Contract Price.

B. By Contractor. The Contractor may, at its option, terminate the Contract, but only if: (a) the work is stopped for a period of thirty (30) or more days through no act or fault of Contractor or its subcontractors; or (b) Owner fails to comply with any of the terms or conditions of this Contract, including but not limited to the failure to timely make any payment due Contractor under the Contract; and Owner fails to cure any such default described in subsections (a) and (b) within ten (10) days after written notice from Contractor of such default. Upon service of written notice of termination upon Owner, Owner shall pay Contractor for Work executed and proven loss with respect to materials, equipment, tools, construction equipment and machinery, and Contractor’s cost of terminating and settling orders and subcontracts as a result of such termination, including reasonable overhead, profit and damages.

21. Assignment. Contractor may not assign this Contract nor subcontract it as a whole without the prior written consent of Owner. Subject to the foregoing, this Contract shall be binding upon and inure to the respective heirs, legal representatives, successors and assigns of Contractor and Owner.

22. Relationship Of Parties. Contractor shall at all times act hereunder as an independent contractor and shall not at any time transact any business in the name of Owner or obligate Owner in any manner, character or description. Nothing contained in the Contract Documents shall create the relationship of principal and agent or master and servant between Owner and Contractor or its subcontractors or any employee of Contractor or its subcontractors. It is not incumbent upon Owner to notify Contractor when to begin, to cease, or resume Work on individual operations nor to give early notice of the rejection of faulty Work, nor in any way to superintend so as to relieve Contractor of responsibility or of any consequences of neglect or carelessness by Contractor or its subcontractors.

23. Limitation Of Liability. Contractor’s total liability for any claim arising from this Contract shall be limited to the Contract Price. IN NO EVENT SHALL THE CONTRACTOR BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR DELAY DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF USE, DAMAGE TO PROPERTY, PERSONAL INJURY, AND CLAIMS OF THIRD PARTIES.

24. Remedies and Waivers. No right or remedy conferred by this Contract is intended to be exclusive of any other right or remedy and each and every right or remedy shall be cumulative and shall be in addition to every other right or remedy given by this Contract or existing law or equity or otherwise. Neither party’s exercise of any right nor its delay or failure to do so shall constitute a waiver or such right or any other right hereunder; nor shall any right be deemed to have been waived unless the waiver is in writing and signed by both parties.

25. Right Of Use. Upon payment in full by Owner to Contractor of all amounts due hereunder, Owner shall have the non-exclusive, perpetual right to use and publicly display the goods provided to Owner hereunder. Notwithstanding the rights granted to Owner herein, Contractor shall have the right to include representations of any designs embodied in the Work Product, including renderings or photographs, in Contractor’s advertising materials.

26. Dispute Resolution. Any controversy or claim arising out of or relating to this Contract, or the breach thereof, shall be settled by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association (the “AAA”) as such rules may be modified herein. An Award rendered in connection with such arbitration shall be final and binding and judgement upon such an award may be entered and enforced in any court of competent jurisdiction. Notice of demand for arbitration shall be filed in writing with the other party to the Contract and with the AAA. The forum for arbitration shall be in Maricopa County, Arizona and the governing law for such arbitration shall be laws of the State of Arizona. The arbitration shall be conducted by a single arbitrator selected jointly by the parties to the dispute. If within ten (10) days after a demand for arbitration is made, the parties to the dispute are unable to agree on a single arbitrator, they shall request the AAA so select such arbitrator, which selection shall be in accordance with the Construction Arbitration Rules of the AAA.

27. Choice Of Law And Attorney’s Fees. The Contract shall be construed and enforced in accordance with the laws of the State of Arizona. In the event it is necessary to take legal action, including arbitration or court action, with respect to any dispute or agreement between the parties, or to collect the outstanding balance due hereunder, it is mutually agreed that the prevailing party will receive costs or expenses incurred, which is reasonable attorneys’ fees.

28. Entire Agreement. This Contract constitutes the entire understanding between the parties and supersedes any other previous writing or understanding to the subject matter. Amendments to the Contract shall be made only in writing duly executed by each party.

THE UNDERSIGNED ACKNOWLEDGES READING AND AGREEING TO THE FOREGOING TERMS AND CONDITIONS CONTRACTOR: OWNER:

BACON FAMILY CONTRACTING LLC BMS ENTERPRISES LLC

BY:______________________________ BY:___Kabir Bains___________________________ ITS:______________________________ ITS:______Operations Manager ___________ DATED:__________________________ DATED:________11/16/22_____________________ EXHIBIT A ‐ ESTIMATE Received by Investigations 06/30/2023 2023-07437 Bacon Family Contracting LLC 232 W Reeves Ave San Tan Valley, AZ 85140 US +1 [number redacted] [email redacted] baconfamilycontracting.com

INVOICE BILL TO INVOICE # 1103 Kabir Bains DATE 01/28/2023 BMS Enterprises DUE DATE 01/28/2023 W. Washington St. Ste 120 TERMS Due on receipt Phoenix, Az 85003

DATE SERVICE DESCRIPTION QTY RATE AMOUNT

Supervision On site supervision 1 720.00 720.00 Equipment Rental Dumpster fees 1 686.39 686.39 Overhead & Profit OH&P 1 3,977.16 3,977.16 HVAC Install owner furnished make up 1 36,054.44 36,054.44 air unit as per plans and specifications. Furnish and install 16ga welded grease duct per plans and specs. 3rd party test and balance. Crane and Rigging. Red line prints will be provided. Furnish and install galvanized duct work serving supply, return, outside and exhaust air systems per SMACNA duct construction standards. Inclusive of hangers/ strap, thermal insulation/ wrap, and volume dampers at all supply diffusers. One year parts and labor warranty from date of install on all equipment and material provided by Grazak Mechanical under the condition that all equipment is maintained per manufacturer recommendation. Sales COR Electrical Demo and 1 850.00 850.00T remove circuits that are in the way of grease ducting. Disconnect J box for kitchen lighting, abandon conduit for Received by Investigations 06/30/2023 2023-07437 DATE SERVICE DESCRIPTION QTY RATE AMOUNT

GFI, pull back wiring to existing jboxes and remove conduit and J boxes in the way. COR COR plumbing Demo copper 1 7,360.25 7,360.25T water lines and cast iron vent to make way for new grease duct. Reroute copper and drain lines around new grease duct. restore water supply to building COR COR install new door at rear of 1 925.00 925.00T kitchen. Re frame existing door opening to accommodate new 42" door COR COR 4 Duct work reroute to 1 16,990.00 16,990.00T route exhaust from hood system into basement fresh air shaft, turn 10 ft away from basement fresh air and 3 ft above the MUA unit per code. Includes all labor and material. Excludes drywall repair and paint COR COR 5 Business owner asked to 1 2,340.00 2,340.00T have floor drain cleared under soda machine. Attempted with a mini snake and could not get through the obstruction. Returned with a larger snake and once again could not get through the obstruction. Finally returned with sewer camera and flex shaft machine and after several attempts, was able to clear the obstruction. Pulled back hard, dried greasy brown substance. Assume dried sugar that had hardened during the time of vacancy. Removed P trap in basement garage, found cigarette butts, tile, seeds, and misc building materials. Sales COR 6 Framing drywall inside 9,050.00 9,050.00 and outside of shaft per code. Interest 12% interest on past due 1 355.67 355.67 balance February Sales 12% interest on past due 1 443.87 443.87 balance April Interest 12% interest on past due 1 401.21 401.21 balance March credit card transaction Credit card transaction fee 1 326.98 326.98T credit card transaction Credit card transaction fee 1 174.25 174.25T credit card transaction Credit card transaction fee 1 580.25 580.25T Received by Investigations 06/30/2023 2023-07437

HVAC Ducting Invoice Final COR 6 for shaft repair SUBTOTAL 81,235.47 TAX 1,979.64 TOTAL 83,215.11 PAYMENT 79,050.42 BALANCE DUE $4,164.69 Jobsite Inspection Notes

Case No.: 2023-07437 Investigator: Jack Grimm Inspection Date: August 9, 2023 Inspection Time: 9:00 AM

Complainant: Kabir Singh Bains Respondent: Bacon Family Not Present: Contracting LLC Not Present:

Jobsite General Notes: Present for Bacon Family Contracting LLC was Nick Bacon.

This project was started by another contractor and completed by Bacon Family Contracting LLC.

Complaint Item #1: Drywall repair is incomplete and unpainted. Investigators Observation: Drywall appears completed and painted. I will address the workmanship issues with the drywall in complaint item #2. Governing Rule: N/A

Complaint Item #2: Drywall texture is not smooth and imperfections are visible billed $6K. Investigators Observation: The two locations that where addressed regarding poorly finished and paint drywall is the ceiling island over the cooking area and order station and the location over the soda fountain area. Contractor at the inspection stated he only made drywall repairs and finished a small corner location over the door going into the rear of the kitchen. However based on the photos the contractor provided taken during his work regarding the ceiling over the cooking area extended out to almost the location of the menu TV’s. This ceiling drywall is not flat and is irregular. Contractor states he offered to correct this location and was told no they needed to get opened. The other location observed was the island over the soda fountain. This location appears acceptable. *Correct drywall ceiling over the cooking area for flatness and appearance. Parties will have to work out reasonable access for repairs. Governing Rule: 32-1154(A)(3) Poor work – A contractor shall perform all work in a professional and workmanlike manner. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

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

Complaint Item #3: Office door is not framed incorrectly + drywall damage. Investigators Observation: The frame and door was installed by Bacon. The opening was framed by the previous contractor on site and appears to have issues regarding opening size and square and plumb issues. Bacon installed door appears plumb and operates acceptable. Issues with drywall exposer height around door opening is a result of the previous contractor poor framing and drywall installation. Will address drywall damage in complaint item #6. Governing Rule: N/A

Complaint Item #4: Paint on doors are uneven and have come off. Investigators Observation: My understanding is the only two doors that Bacon installed was the office door and the rear exit door. Any other doors were installed and painted by the previous contractor. No determination will be made regarding the paint on doors in a commercial operation where damage to paint is not uncommon. Governing Rule: N/A

Complaint Item #6: Wallpaper above office door was torn and ripped upon install of door frame. Investigators Observation: The proprietary business wrap/wall paper appears to have been damaged during the installation of the door into the office. It appears some drywall damage also occurred under the wall paper as well. *Correct by appropriate means. Governing Rule: 32-1154(A)(3) Poor work – A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item #7: Soda Island texture repair incomplete. Investigators Observation: Soda Island appeared complete and acceptable. Governing Rule: N/A

Complaint Item #8: Button sign over Soda Island has paint overspray. Investigators Observation: Sign was installed by others. Unable to make any determination regarding this item. Governing Rule: N/A

Complaint Item #9: GC did not pay Mechanical Contractor. Investigators Observation: Not a workmanship item. The Mechanical Contractor has the ability to file a no pay complaint at the ROC if necessary. Governing Rule: N/A 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

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

Complaint Item #10: Addendum item: Stainless steel panels installed by Bacon Contracting are done incorrectly and stainless steel panels do not have divides or “T- bars” nor do they have end caps on the bottom of the sheets. Investigators Observation: Only portions of the stainless steel panels were installed by Bacon and some was installed by the previous contractor. Panels and trim were provided by the complainant. Complainant states trim parts were available. Bacon states they were not on site. Unable to determine if the parts were available or not. The panels as installed function as intended. Governing Rule: N/A

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

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

Complainant: Kabir Singh Bains W Washington Street Suite 120 Phoenix, AZ 85003

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: Bacon Family Contracting LLC 232 W Reeves Ave San Tan Valley, AZ 85140

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

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

License No. ROC 319131

Re:Complaint No. 2023-07437

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on September 11, 2023.

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

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

Complaint Item #2: Drywall texture is not smooth and imperfections are visible billed $6K. Investigators Observation: The two locations that where addressed regarding poorly finished and paint drywall is the ceiling island over the cooking area and order station and the location over the soda fountain area. Contractor at the inspection stated he only made drywall repairs and finished a small corner location over the door going into the rear of the kitchen. However based on the photos the contractor provided taken during his work regarding the ceiling over the cooking area extended out to almost the location of the menu TV’s. This ceiling drywall is not flat and is irregular. Contractor states he offered to correct this location and was told no they needed to get opened. The other location observed was the island over the 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 soda fountain. This location appears acceptable. *Correct drywall ceiling over the cooking area for flatness and appearance. Parties will have to work out reasonable access for repairs. Governing Rule: 32-1154(A)(3) Poor work – A contractor shall perform all work in a professional and workmanlike manner

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

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 and painted by the previous contractor. No determination will be made regarding the paint on doors in a commercial operation where damage to paint is not uncommon. Governing Rule: N/A

Complaint Item #7: Soda Island texture repair incomplete. Investigators Observation: Soda Island appeared complete and acceptable. Governing Rule: N/A

Complaint Item #8: Button sign over Soda Island has paint overspray. Investigators Observation: Sign was installed by others. Unable to make any determination regarding this item. Governing Rule: N/A

Complaint Item #10: Addendum item: Stainless steel panels installed by Bacon Contracting are done incorrectly and stainless steel panels do not have divides or “Tbars” nor do they have end caps on the bottom of the sheets. Investigators Observation: Only portions of the stainless steel panels were installed by Bacon and some was installed by the previous contractor. Panels and trim were provided by the complainant. Complainant states trim parts were available. Bacon states they were not on site. Unable to determine if the parts were available or not. The panels as installed function as intended. Governing Rule: N/A

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

Sincerely,

Jack Grimm Jack Grimm, Investigator #172 602 7716741 [email redacted] 1700 W Washington St. Suite 105 Phoenix, Arizona 85007-2812

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complainant: Kabir Singh Bains W Washington Street Suite 120 Phoenix, AZ 85003

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Respondent: Bacon Family Contracting LLC 232 W Reeves Ave San Tan Valley, AZ 85140

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Case No.: 2023-07437 Investigator: Jack Grimm Inspection Date: September 25, 2023 Inspection Time: 9:00 AM

Compliance Jobsite General Notes: No one was present representing Bacon Family Contracting LLC.

Compliance Findings:

Complaint Item #5: Rear 42 inch door is installed incorrectly and does not latch close. Investigators Observation: Door appears to be installed correctly. It does not self-close correctly *Adjust for correct operation. Governing Rule: 32-1154(A)(3) Poor work – A contractor shall perform all work in a professional and workmanlike manner. INCOMPLETE: Adjustments were performed. Door now does not close to the jam stop and the door can be pushed open without pushing the panic bar and can just be pulled open from the outside without turning the handle.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Complaint Item #6: Wallpaper above office door was torn and ripped upon install of door frame. Investigators Observation: The proprietary business wrap/wall paper appears to have been damaged during the installation of the door into the office. It appears some drywall damage also occurred under the wall paper as well. *Correct by appropriate means. Governing Rule: 32-1154(A)(3) Poor work – A contractor shall perform all work in a professional and workmanlike manner. INCOMPLETE: No work or resolution took place regarding this item.

Note:

Please review the complaint items listed above. If any of the items have not been corrected at the time of the compliance inspection this complaint will be forwarded to the Registrar’s legal department and a citation may be issued.

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

Jack Grimm Jack Grimm, Investigator #172 602 7716741 [email redacted] 1700 W Washington St. Suite 105 Phoenix, Arizona 85007-2812

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Received 10/18/23, 1:26 PM State of Arizona Mail - Case 2023 - 07437 10/17/2023 ROC Legal

Legal New Mail - AZROC <[email redacted]>

Case 2023 - 07437 message

Nicholas Bacon <[email redacted]> Tue, Oct 17, 2023 at 5:41 PM To: Legal New Mail - AZROC <[email redacted]>

To whom it may concern. Please see the attached response to these complaint items including all of the evidence previously provided to our inspector.

Please see the attached photos of the following items.

The office door was framed by Kabirs original contractor. The rough opening dimensions were incorrect according to plans. The framing was done incorrectly on the right side of the jamb with some kind of additional track or frame added to it. The tile and wallpaper was also complete and needed to be modified to the opening. Kabir stated that he had additional wallpaper for a patch and that the original installer would repair the tear. We had to modify the opening greatly to fit the door. Demo of the new wall and re-framing was not an option.

The soda area bulkhead was skimmed and painted prior to the installation of the sign. We did not install the sign. Picture attached.

The door to the back of house common area that would not latch was a change order. There was an existing door there. Kabirs owner provided hood system equipment that would not fit through the existing door. We modified the opening, Kabir purchased the new door, panic bar, frame, closer etc...., we installed it and painted it. We will be happy to adjust closer to latch. In the same picture(s) you can clearly see the restroom doors existing blue paint. We did not paint those doors ever.

The stainless steel was installed by our mechanical subcontractor. Kabir provided us the materials to install, on the wall to the right of the hood only. The trim was not provided and therefore, not installed. All other steel on the walls was installed prior to my contract with Kabir.

The ceiling drywall was 99% installed, skimmed, and painted with light fixtures and fire devices installed at the time we were contracted. Install performed by others. We made several attempts to skim the areas and sand to smooth. Kabir, at the same time, was having cleaners come and clean the same areas of the restaurant. Once notified that he still saw defects, we scheduled another crew to skim and sand again but were told that we did not have time and could not finish the ceiling. We offered on several different occasions to skim to their satisfaction but were denied access. Please see photos from the time we were contracted. These photos are from his prior contractors installation that we were attempting to repair, as well as finished product once we were contracted. We offered a $1800.00 credit for the drywall not being finished to their liking. They still refused to pay final balance.

The office door with the tear was framed wrong by his previous contractor. We repaired the opening to accommodate the new owner provided door. Kabir stated that he would repair the small tear in the wallpaper as his contractor had the material on hand and did the original install.

We stepped in and tried to help Kabir get his restaurant open as the grand opening was already 6 mos. behind schedule at the time of contract. We bent over backwards and installed an amazing hood system through a basement garage make up air shaft 10 feet below the street to 20' above the sidewalk. We addressed any and all issues as they arose. We got them open and prospering while they refuse to pay final invoice.

The last interactions I had with Kabir or his mom was at the end of March, until we threatened to lien the property in May. Since then, I have sent them to collections and now you are involved. These are folks that would rather harm my license than pay the 5k+ that is owed.

Attached also is the quote regarding sheet metal. Please see line item under "metal".

Please let me know if I missed any items listed in the complaint and I will be happy to provide supporting docs and details.

We made repairs to the door that is listed in the complaint. It is an owner provided door and frame in an existing wall. The door was not latching, at which time we realized it was warped, either the frame or the door. We tried to adjust the catch

https://mail.google.com/mail/b/AEoRXRRghUlxb6-IFT6yRy6-7UIAt7kyEqk6FbheDMk89PT4Izci/u/0/?ik=d3afebeda9&view=pt&search=all&permthid=t… 1/5 Received 10/18/23, 1:26 PM State of Arizona Mail - Case 2023 - 07437 10/17/2023 ROCreported and is was working. Kabir sent a video of himself constantly messing with it until it quit functioning again, then Legal back to the inspector that it was non functioning.

The drywall in question was not installed by us. We tried to work out an appropriate time to make some repairs but were denied proper/ reasonable working hours with the threat of shutting down the restaurant and incurring backcharges for lost time for even a spec of drywall dust.

None of these items were an issue until I tried to collect my final balance.

Thank you, Nick

Nick Bacon 480-806-8233 [email redacted]

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https://mail.google.com/mail/b/AEoRXRRghUlxb6-IFT6yRy6-7UIAt7kyEqk6FbheDMk89PT4Izci/u/0/?ik=d3afebeda9&view=pt&search=all&permthid=t… 2/5 Received 10/18/23, 1:26 PM State of Arizona Mail - Case 2023 - 07437 10/17/2023 ROC Legal

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https://mail.google.com/mail/b/AEoRXRRghUlxb6-IFT6yRy6-7UIAt7kyEqk6FbheDMk89PT4Izci/u/0/?ik=d3afebeda9&view=pt&search=all&permthid=t… 3/5 Received 10/18/23, 1:26 PM State of Arizona Mail - Case 2023 - 07437 10/17/2023 ROC Legal

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https://mail.google.com/mail/b/AEoRXRRghUlxb6-IFT6yRy6-7UIAt7kyEqk6FbheDMk89PT4Izci/u/0/?ik=d3afebeda9&view=pt&search=all&permthid=t… 5/5 Received 10/17/2023 ROC Legal Received 10/17/2023 ROC Legal Received 10/17/2023 ROC Legal Received 10/17/2023 ROC Legal Received 10/17/2023 ROC Legal Received 10/17/2023 ROC Legal Received 10/17/2023 ROC Legal Received 10/17/2023 ROC Legal Received 10/17/2023 ROC Legal Received 10/17/2023 ROC Legal Received 10/17/2023 ROC Legal Received 10/17/2023 ROC Legal Received 10/17/2023 ROC Legal Received 10/17/2023 ROC Legal Received 10/17/2023 ROC Legal Received 10/17/2023 ROC Legal Received 10/17/2023 ROC Legal Received 10/17/2023 ROC Legal Bacon Family Contracting, LLC 38636 N Jessica Ln Queen Creek, AZ 85140 US +1 [number redacted] [email redacted] baconfamilycontracting.com

INVOICE BILL TO INVOICE # 1099 Kabir Bains DATE 02/17/2023 BMS Enterprises DUE DATE 02/17/2023 W. Washington St. Ste 120 TERMS Due on receipt Phoenix, Az 85003

DATE SERVICE DESCRIPTION QTY RATE AMOUNT

Supervision On site supervision 1 675.00 675.00 Close Out & Clean up Final clean and close out 1 575.00 575.00 Travel Parking fees 1 672.49 672.49T Overhead & Profit Oh&p 1 1,360.14 1,360.14 Metals Budget for installing stainless at 1 887.57 887.57T hood location Door Installation Instll new 3068 western 1 325.44 325.44 integrated frame with hollow core wood door Doors and Windows Provide new western integrated 1 885.50 885.50T frame with paint grade solid core wood door Drywall & Framing Refinish texture above kitchen. 1 5,917.16 5,917.16 Provide and install framing and drywall above hood system. Texture to smooth to match existing. Includes touch ups at soda station. Tile Demo 1 row on either side of 1 479.29 479.29 office door opening to accomodate new door. Reinstall tile after door install Acoustical Ceilings Provide and install new ceiling 1 295.86 295.86 tile in office area. Special Coating Install new FRP in kitchen area 0 473.37 0.00 near new gas piping at doorway Painting Paint 1 wall between 2 wallpaper 1 1,420.12 1,420.12 walls, paint ceiling at new drywall over kitchen and hood, Received 10/17/2023 ROC Legal DATE SERVICE DESCRIPTION QTY RATE AMOUNT

paint touchs ups at door frames and at soda machine area COR COR 2 Plumbers to trouble 1 1,200.00 1,200.00T shoot and repair water supply to soda machine and ice machine at location near entrance Additional to re frame existing door way to office. Drywall repairs and tile floor repair at framing relocation. Interest 12% interest on late payments 1 418.41 418.41 per contract for February Interest 12% interest on late payment 1 471.98 471.98 per contract for March Interest 12% interest on late payment 1 525.26 525.26 per contract for April

final SUBTOTAL 16,109.22 TAX 244.26 TOTAL 16,353.48 PAYMENT 11,451.06 BALANCE DUE $4,902.42 Received 10/17/2023 ROC Legal 01231456ÿ0859ÿ ÿÿÿ ÿÿ8ÿÿÿ4945935

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811!"##"!1!1$191%&'()2(0*+(,-.' ,', ! +'+8*(**//(*(3(34(/05350!#825(030*352(251 414 Complainant: Kabir Singh Bains W Washington Street Suite 120 Phoenix, AZ 85003

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Respondent: Bacon Family Contracting LLC 232 W Reeves Ave San Tan Valley, AZ 85140

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Case No.: 2023-07437 Investigator: Jack Grimm Inspection Date: September 25, 2023 Inspection Time: 9:00 AM

Compliance Jobsite General Notes: No one was present representing Bacon Family Contracting LLC.

Compliance Findings:

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

Note:

Jack Grimm Jack Grimm, Investigator #172 602 7716741 [email redacted] 1700 W Washington St. Suite 105 Phoenix, Arizona 85007-2812

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Complainant: Kabir Singh Bains W Washington Street Suite 120 Phoenix, AZ 85003

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 Respondent: Bacon Family Contracting LLC 232 W Reeves Ave San Tan Valley, AZ 85140

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 September 19, 2023

Compliance Jobsite Inspection Notice Re: Complaint No. 2023-07437

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for September 25, 2023 at 9:00 AM to determine the current status of the items listed on the issued Directive.

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

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

Sincerely,

Jack Grimm Jack Grimm, Investigator #172 602 7716741 [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

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