2023A-07726-CHC-ROC Notice of Hearing and Packet MAILED

2023A-07726-CHC-ROC · Registrar of Contractors · 2024-02-14

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Maria Lopez , Case No. 2023-07726 COMPLAINANT, Docket No. 2023A-07726-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Richmond American Construction Inc License No. ROC 206612,

RESPONDENT.

This Notice of Hearing is issued under A.R.S. § 41-1092.05(D). HEARING INFORMATION The hearing is set for: April 1, 2024 9:00 AM Adam Stone Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

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

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

STATEMENT OF LEGAL AUTHORITY AND JURISDICTION The State of Arizona has determined that the licensing and regulation of construction contractors is a proper state function, and has vested authority in the Registrar of Contractors

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

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

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

The statutes and rules governing the hearing can be found at: Arizona Revised Statutes §§ 41-1092 to -1092.12, and Arizona Administrative Code R2-19-101 to -122. PARTICULAR ARIZONA STATUTES AND RULES INVOLVED The statutes and rules the Respondent is alleged to have violated are cited in the complaint and citation, which were served on the Respondent on January 19, 2024.

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/forms/RC-L-800A%20- %20Prehearing%20Disclosure%20Statement%2020191007v4.pdf

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 February 14, 2024.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail February 14, 2024 to: Respondent(s) Richmond American Construction Inc 16427 N Scottsdale Rd Ste 175 Scottsdale, AZ 85254

Richard L. Righi, Esq. 2999 N 44th St Ste 215 Phoenix, AZ 85018

Complainant(s) Maria Lopez 657 W Calle Espadero Sahuarita, AZ 85629

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. 2023-07726 /

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: Maria Lopez 657 W Calle Espadero Sahuarita, AZ 85629

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: Richmond American Construction Inc. 16427 N Scottsdale Rd Ste. 175 Scottsdale, AZ 85254

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 August 8, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-07726

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for September 20, 2023 at 9:30 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

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, Gregory Johndrow Gregory Johndrow, Investigator #195 (520) 628-6896 [email redacted] 1700 W. Washington St., Ste. 105 Phoenix, Arizona 85007

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 9/20/23, 12:14 PM State of Arizona Mail - Complaint # 2023-07726 Addendum

Gregory Johndrow <[email redacted]>

Complaint # 2023-07726 Addendum Maria Lopez <[email redacted]> Wed, Sep 20, 2023 at 10:44 AM To: [email redacted]

Good morning Gregory, I would like to add an addendum to the above complaint.

Solar conduit was not installed per contract agreement. This was paid for and not received.

This was addressed at our job site inspection today. Respondent is aware of complaint addendum. Our solar company determined there was not a solar conduit installed and installed their own to connect to our solar panel system.

Please let me know if any other information is needed. Thank you for your assistance!

Maria Lopez 480-648-6238 657 W Calle Espadero Sahuarita, AZ 85629

https://mail.google.com/mail/u/0/?ik=27cddfbaec&view=pt&search=all&permmsgid=msg-f:[number redacted]&simpl=msg-f:[number redacted] 1/1 Arizona Registrar of Contractors Jobsite Inspection Notes Case No.: 2023-07726 Investigator: Greg Johndrow #195 Inspection Date: 9/20/2023 Inspection Time: 9:30AM

Complainant: Gabriel Gardner Respondent: Richmond American Construction, Inc. Overview of project: New Residential construction General Notes: The site inspection was performed on this date and time, with both parties present. In attendance for the complainant was Maria Lopez and present for the respondent was Ty Leinenbach and Bobby Boaz Photos taken with agency issued Canon PowerShot ELPH180. Audio recorded with agency issued Olympus recorder.

Complaint Item 1: “Front door to be repaired; Front door was not hung properly so there is light shining through, frame is crooked and deadbolt does not function properly” Investigator’s Observations: Verified. The door has been replaced, however the weather stripping is not properly sealing and the painting has not been completed. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 2: “Back sliding door was not installed properly, broken frame, lock did not function; was not remediated before move in date” Investigator’s Observations: Verified. The lock is still not functioning correctly. The frame issue has been corrected. 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: “Medicine cabinets not installed upon move in date, these were a paid upgrade that still have not been delivered” Investigator’s Observations: This allegation is NOT verified. This item has been resolved. Governing Rule: N/A

Complaint Item 4: “downstairs entry closet was damaged and needed to be replaced and painted” Investigator’s Observations: Verified. The door has been replaced, however the painting has not been completed. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 5: “Screen back sliding doors not installed properly, lock did not function; still not replaced” Investigator’s Observations: Verified. The handles do not align and the lock does not function properly as a result. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Arizona Registrar of Contractors Jobsite Inspection Notes 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: “upstairs bathroom did not have towel bar installed” Investigator’s Observations: Verified. No towel bar is installed. 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: “upstairs bathroom has multiple drywall patches that were not cleaned, sanded, and painted; needs drywall repairs” Investigator’s Observations: Verified. The drywall repairs have not been completed. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 9: “upstairs bathroom vanity base covered with material that needs cleaning” Investigator’s Observations: Verified. The toe kick on the vanity has white colored material on it. 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: “Master bathroom has multiple broken tiles and grout lines” Investigator’s Observations: Verified. There is missing grout where the tile transitions to the carpet and along the outside of the shower pan. 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: “Master bathroom vanity needs caulking fixed where countertop meets wall; gap between countertop and wall” Investigator’s Observations: Verified. There is a gap between the vanity top and the 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 12: “Downstairs powder room light fixture was off-center and not remediated prior to move in date” Investigator’s Observations: This allegation is NOT verified. This item has been resolved. Governing Rule: N/A

Complaint Item 13: “Downstairs powder room needs tiles replaced behind pedestal sink and behind door where tiles and grout are broken” Investigator’s Observations: Verified. There are inconsistent floor tile cut sizes behind the pedestal sink and there is missing grout and baseboard behind the door. Reference Pictures: 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: “Downstairs powder room had chrome finishes installed when nickel finishes were paid for (toilet paper holder & towel ring)” Investigator’s Observations: This allegation is NOT verified. This item has been resolved. Governing Rule: N/A

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Arizona Registrar of Contractors Jobsite Inspection Notes Complaint Item 15: “Downstairs powder room had various drywall fixes” Investigator’s Observations: Verified. The drywall patch below the light fixture has not been completed. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 16: “Downstairs powder room needs electrician to rehang vanity light; as of now, there is no functioning light” Investigator’s Observations: This allegation is NOT verified. This item has been resolved. Governing Rule: N/A

Complaint Item 17: No screen for entry window was ever provided (screens are on every other functioning window)” Investigator’s Observations: This allegation is NOT verified. This item has been resolved. Governing Rule: N/A

Complaint Item 18: “Kitchen cabinet is missing crown molding” Investigator’s Observations: Verified. There’s a missing section of crown molding on the upper cabinet, to the right side of the sink. 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: “All cabinets throughout the house have incorrect hardware installed (doors should have handles and drawers should have knobs, instead the opposite was installed)” Investigator’s Observations: Verified. Conditions described our present. The respondent acknowledged the incorrect configuration and stated they will be making the corrections. Governing Rule: A.R.S. § 32-1154(A)(2)(a): Departure from or disregard of: (a) Plans or specifications...

Complaint Item 20: “All cabinets throughout the house are not hung correctly, have broken drawers from face of cabinet drilling and hardware is not centered” Investigator’s Observations: Verified. There is a broken drawer on the island cabinet. The respondents stated they will be making the necessary corrections on the cabinet hardware. 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: “stucco on front outside of house is concave under coach light” Investigator’s Observations: Verified. This item has been repaired but not painted. Additionally, there is an area above the garage door pop out where the stucco sags downward along the inside corner. 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: “stucco material has not been cleaned from number plate” Investigator’s Observations: Verified. The number plate is covered with stucco residue. 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 Complaint Item 23: “Drywall fixes are needed throughout the house: holes next to outlets, metal sheet under pony wall in upstairs loft is bulging out, holes next to can lights, holes in wall of master closet” Investigator’s Observations: Verified. The repair work has been started throughout the house. However, it has not been completed. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 24: “nails stick through carpet throughout upstairs” 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. Governing Rule: N/A

Complaint Item 25: “cracked grout between filed floor in kitchen and great room” Investigator’s Observations: Verified. There is missing grout along the exterior west wall in the living room and underneath the bar top side of the island. 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 26: “Need paint touch up throughout house” Investigator’s Observations: Verified. The respondent confirmed the paint touchup has not taken place. It was also observed that paint touchup is required throughout the residence. 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: “Bedroom #2 closet sliding door was split and needs to be replaced” Investigator’s Observations: Verified. One of the closet doors and bedroom number two has delaminated. 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: “no attic access cover door was provided upon move in” Investigator’s Observations: This allegation is NOT verified. This item has been resolved. Governing Rule: N/A

Complaint Item 29: “Shutters on exterior two windows were not installed upon move in, (this is the elevation selected and paid for and the exterior does not match)” Investigator’s Observations: This allegation is NOT verified. This item has been resolved. Governing Rule: N/A

Complaint Item 30: “Coffered ceiling in master bedroom was not installed per contract agreement” Investigator’s Observations: This allegation is NOT verified. This item has been resolved. Governing Rule: N/A

Complaint Item 31: “Solar conduit was not installed per contract agreement. This was paid for and not received” Investigator’s Observations: Verified. The access for the solar conduit is not in the designed location. The respondent confirmed this at the site inspection Governing Rule: A.R.S. § 32-1154(A)(2)(a): Departure from or disregard of: (a) Plans or specifications...

RCC100 11/14

Arizona Registrar of Contractors Jobsite Inspection Notes

RCC100 11/14

Picture 1 Jobsite Inspection Photos

Case: 2023-07726 Date: 9/20/2023 Address: 657 W. Calle Espadero; Sahuarita, AZ 85629 Picture 2 Jobsite Inspection Photos

Case: 2023-07726 Date: 9/20/2023 Address: 657 W. Calle Espadero; Sahuarita, AZ 85629 Picture 3 Jobsite Inspection Photos

Case: 2023-07726 Date: 9/20/2023 Address: 657 W. Calle Espadero; Sahuarita, AZ 85629 Picture 4 Jobsite Inspection Photos

Case: 2023-07726 Date: 9/20/2023 Address: 657 W. Calle Espadero; Sahuarita, AZ 85629 Picture 5 Jobsite Inspection Photos

Case: 2023-07726 Date: 9/20/2023 Address: 657 W. Calle Espadero; Sahuarita, AZ 85629 Picture 6 Jobsite Inspection Photos

Case: 2023-07726 Date: 9/20/2023 Address: 657 W. Calle Espadero; Sahuarita, AZ 85629 Picture 7 Jobsite Inspection Photos

Case: 2023-07726 Date: 9/20/2023 Address: 657 W. Calle Espadero; Sahuarita, AZ 85629 Picture 8 Jobsite Inspection Photos

Case: 2023-07726 Date: 9/20/2023 Address: 657 W. Calle Espadero; Sahuarita, AZ 85629 Picture 9 Jobsite Inspection Photos

Case: 2023-07726 Date: 9/20/2023 Address: 657 W. Calle Espadero; Sahuarita, AZ 85629 Picture 10 Jobsite Inspection Photos

Case: 2023-07726 Date: 9/20/2023 Address: 657 W. Calle Espadero; Sahuarita, AZ 85629 Picture 11 Jobsite Inspection Photos

Case: 2023-07726 Date: 9/20/2023 Address: 657 W. Calle Espadero; Sahuarita, AZ 85629 Picture 12 Jobsite Inspection Photos

Case: 2023-07726 Date: 9/20/2023 Address: 657 W. Calle Espadero; Sahuarita, AZ 85629 Picture 13 Jobsite Inspection Photos

Case: 2023-07726 Date: 9/20/2023 Address: 657 W. Calle Espadero; Sahuarita, AZ 85629 Picture 14 Jobsite Inspection Photos

Case: 2023-07726 Date: 9/20/2023 Address: 657 W. Calle Espadero; Sahuarita, AZ 85629 Picture 15 Jobsite Inspection Photos

Case: 2023-07726 Date: 9/20/2023 Address: 657 W. Calle Espadero; Sahuarita, AZ 85629 Picture 16 Jobsite Inspection Photos

Case: 2023-07726 Date: 9/20/2023 Address: 657 W. Calle Espadero; Sahuarita, AZ 85629 Picture 17 Jobsite Inspection Photos

Case: 2023-07726 Date: 9/20/2023 Address: 657 W. Calle Espadero; Sahuarita, AZ 85629 Picture 18 Jobsite Inspection Photos

Case: 2023-07726 Date: 9/20/2023 Address: 657 W. Calle Espadero; Sahuarita, AZ 85629 Picture 19 Jobsite Inspection Photos

Case: 2023-07726 Date: 9/20/2023 Address: 657 W. Calle Espadero; Sahuarita, AZ 85629 Picture 20 Jobsite Inspection Photos

Case: 2023-07726 Date: 9/20/2023 Address: 657 W. Calle Espadero; Sahuarita, AZ 85629 Picture 21 Jobsite Inspection Photos

Case: 2023-07726 Date: 9/20/2023 Address: 657 W. Calle Espadero; Sahuarita, AZ 85629 Picture 22 Jobsite Inspection Photos

Case: 2023-07726 Date: 9/20/2023 Address: 657 W. Calle Espadero; Sahuarita, AZ 85629 Picture 23 Jobsite Inspection Photos

Case: 2023-07726 Date: 9/20/2023 Address: 657 W. Calle Espadero; Sahuarita, AZ 85629 Picture 24 Jobsite Inspection Photos

Case: 2023-07726 Date: 9/20/2023 Address: 657 W. Calle Espadero; Sahuarita, AZ 85629 Picture 25 Jobsite Inspection Photos

Case: 2023-07726 Date: 9/20/2023 Address: 657 W. Calle Espadero; Sahuarita, AZ 85629 Picture 26 Jobsite Inspection Photos

Case: 2023-07726 Date: 9/20/2023 Address: 657 W. Calle Espadero; Sahuarita, AZ 85629 Picture 27 Jobsite Inspection Photos

Case: 2023-07726 Date: 9/20/2023 Address: 657 W. Calle Espadero; Sahuarita, AZ 85629 Picture 28 Jobsite Inspection Photos

Case: 2023-07726 Date: 9/20/2023 Address: 657 W. Calle Espadero; Sahuarita, AZ 85629 Picture 29 Jobsite Inspection Photos

Case: 2023-07726 Date: 9/20/2023 Address: 657 W. Calle Espadero; Sahuarita, AZ 85629 Picture 30 Jobsite Inspection Photos

Case: 2023-07726 Date: 9/20/2023 Address: 657 W. Calle Espadero; Sahuarita, AZ 85629 Complainant: Maria Lopez 657 W Calle Espadero Sahuarita, AZ 85629

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: Richmond American Construction Inc 16427 N Scottsdale Rd. Ste. 175 Scottsdale, AZ 85254

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 October 3, 2023

License No. ROC 206612

Re: Complaint No. 2023-07726

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 October 23, 2023.

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

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

This means the license is suspended for lack of qualifying party, lack of bond, nonrenewal, Recovery Fund payout, or for any reason listed in A.R.S. § 32-1124(F). 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complaint Item 4: “downstairs entry closet was damaged and needed to be replaced and painted” Investigator’s Observations: Verified. The door has been replaced, however the painting has not been completed. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 6: “upstairs bathroom did not have functioning lights; missing both vanity light fixtures that were paid upgrades” Investigator’s Observations: Verified. One light fixture is still missing. 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 Complaint Item 10: “Master bathroom has multiple broken tiles and grout lines” Investigator’s Observations: Verified. There is missing grout where the tile transitions to the carpet and along the outside of the shower pan. 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: “Downstairs powder room had various drywall fixes” Investigator’s Observations: Verified. The drywall patch below the light fixture has not been completed. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complaint Item 20: “All cabinets throughout the house are not hung correctly, have broken drawers from face of cabinet drilling and hardware is not centered” Investigator’s Observations: Verified. There is a broken drawer on the island cabinet. The respondents stated they will be making the necessary corrections on the cabinet hardware. 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: “Drywall fixes are needed throughout the house: holes next to outlets, metal sheet under pony wall in upstairs loft is bulging out, holes next to can lights, holes in wall of master closet” Investigator’s Observations: Verified. The repair work has been started throughout the house. However, it has not been completed. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complaint Item 27: “Bedroom #2 closet sliding door was split and needs to be replaced” Investigator’s Observations: Verified. One of the closet doors and bedroom number two has delaminated. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

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

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complaint Item 24: “nails stick through carpet throughout upstairs” 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. Governing Rule: N/A

Complaint Item 28: “no attic access cover door was provided upon move in” Investigator’s Observations: This allegation is NOT verified. This item has been resolved. Governing Rule: N/A

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

Sincerely,

Gregory Johndrow Gregory Johndrow, Investigator #195 (520) 628-6896 [email redacted] 1700 W. Washington St., Ste. 105 Phoenix, Arizona 85007

CC: Complainant

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complainant: Maria Lopez 657 W Calle Espadero Sahuarita, AZ 85629

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: Richmond American Construction Inc 16427 N Scottsdale Rd. Ste. 175 Scottsdale, AZ 85254

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 October 24, 2023

License No. ROC 206612

Re: Complaint No. 2023-07726

AMENDED WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

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

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

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

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

Complaint Item 28: “no attic access cover door was provided upon move in” Investigator’s Observations: This allegation is NOT verified. This item has been resolved. Governing Rule: N/A

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

Sincerely,

Gregory Johndrow Gregory Johndrow, Investigator #195 (520) 628-6896 [email redacted] 1700 W. Washington St., Ste. 105 Phoenix, Arizona 85007

CC: Complainant

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complainant: Maria Lopez 657 W Calle Espadero Sahuarita, AZ 85629

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: Richmond American Construction Inc 16427 N Scottsdale Rd. Ste. 175 Scottsdale, AZ 85254

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 December 1, 2023

License No. ROC 206612

Re: Complaint No. 2023-07726

AMENDED WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

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

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

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

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

Complaint Item 28: “no attic access cover door was provided upon move in” Investigator’s Observations: This allegation is NOT verified. This item has been resolved. Governing Rule: N/A

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

Sincerely,

Gregory Johndrow Gregory Johndrow, Investigator #195 (520) 628-6896 [email redacted] 1700 W. Washington St., Ste. 105 Phoenix, Arizona 85007

CC: Complainant

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complainant: Maria Lopez 657 W Calle Espadero Sahuarita, AZ 85629

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: Richmond American Construction Inc 16427 N Scottsdale Rd Ste 175 Scottsdale, AZ 85254

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 January 10, 2024

Compliance Jobsite Inspection Notice Re: Complaint No. 2023-07726

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for January 12, 2024 at 10:00 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,

Gregory Johndrow Gregory Johndrow, Investigator #195 (520) 628-6896 [email redacted] 1700 W. Washington St., Ste. 105 Phoenix, Arizona 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 Complainant: Maria Lopez 657 W Calle Espadero Sahuarita, AZ 85629

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: Richmond American Construction Inc. 16427 N Scottsdale Rd Ste. 175 Scottsdale, AZ 85254

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.: 2023-07726 Investigator: Gregory Johndrow Inspection Date: January 12, 2024 Inspection Time: 10:00 AM

Compliance Jobsite Inspection General Notes: The site inspection was performed on this date and time with both parties present. This Compliance Inspection was to evaluate the current conditions of items requiring corrective action as stated on the Directive. Those items are listed below.

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…

As stated on Directive: Complaint Item 1: “Front door to be repaired; Front door was not hung properly so there is light shining through, frame is crooked and deadbolt does not function properly” Investigator’s Observation from initial inspection: Verified. The door has been replaced, however the weather stripping is not properly sealing and the painting has not been completed. Compliance Inspection Findings for this item: This has been resolved.

As stated on Directive: Complaint Item 2: “Back sliding door was not installed properly, broken frame, lock did not function; was not remediated before move in date” Investigator’s Observation from initial inspection: Verified. The lock is still not functioning correctly. The frame issue has been corrected. Compliance Inspection Findings for this item: This has been resolved.

As stated on Directive: Complaint Item 4: “downstairs entry closet was damaged and needed to be replaced and painted” Investigator’s Observation from initial inspection: Verified. The door has been replaced, however the painting has not been completed. Compliance Inspection Findings for this item: This has been resolved.

As stated on Directive: Complaint Item 5: “Screen back sliding doors not installed properly, lock did not function; still not replaced” Investigator’s Observation from initial inspection: Verified. The handles do not align and the lock does not function properly as a result. Compliance Inspection Findings for this item: This has been resolved.

As stated on Directive: Complaint Item 6: “upstairs bathroom did not have functioning lights; missing both vanity light fixtures that were paid upgrades” Investigator’s Observation from initial inspection: Verified. One light fixture is still missing. Compliance Inspection Findings for this item: This has been resolved.

As stated on Directive: Complaint Item 7: “upstairs bathroom did not have towel bar installed” Investigator’s Observation from initial inspection: Verified. No towel bar is installed. Compliance Inspection Findings for this item: This has been resolved. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 As stated on Directive: Complaint Item 8: “upstairs bathroom has multiple drywall patches that were not cleaned, sanded, and painted; needs drywall repairs” Investigator’s Observation from initial inspection: Verified. The drywall repairs have not been completed. Compliance Inspection Findings for this item: This has been resolved.

As stated on Directive: Complaint Item 9: “upstairs bathroom vanity base covered with material that needs cleaning” Investigator’s Observation from initial inspection: Verified. The toe kick on the vanity has white colored material on it. Compliance Inspection Findings for this item: This has been resolved.

As stated on Directive: Complaint Item 10: “Master bathroom has multiple broken tiles and grout lines” Investigator’s Observation from initial inspection: Verified. There is missing grout where the tile transitions to the carpet and along the outside of the shower pan. Compliance Inspection Findings for this item: This has been resolved.

As stated on Directive: Complaint Item 11: “Master bathroom vanity needs caulking fixed where countertop meets wall; gap between countertop and wall” Investigator’s Observation from initial inspection: Verified. There is a gap between the vanity top and the wall. Compliance Inspection Findings for this item: This has been resolved.

As stated on Directive: Complaint Item 13: “Downstairs powder room needs tiles replaced behind pedestal sink and behind door where tiles and grout are broken” Investigator’s Observation from initial inspection: Verified. There are inconsistent floor tile cut sizes behind the pedestal sink and there is missing grout and baseboard behind the door. Compliance Inspection Findings for this item: This has been resolved.

As stated on Directive: Complaint Item 15: “Downstairs powder room had various drywall fixes” Investigator’s Observation from initial inspection: Verified. The drywall patch below the light fixture has not been completed. Compliance Inspection Findings for this item: This has been resolved.

As stated on Directive: Complaint Item 18: “Kitchen cabinet is missing crown molding” Investigator’s Observation from initial inspection: Verified. There’s a missing section of crown molding on the upper cabinet, to the right side of the sink. Compliance Inspection Findings for this item: This has been resolved.

As stated on Directive: Complaint Item 19: “All cabinets throughout the house have incorrect hardware installed (doors should have handles and drawers should have knobs, instead the opposite was installed)” Investigator’s Observation from initial inspection: Verified. Conditions described our present. The respondent acknowledged the incorrect configuration and stated they will be making the corrections. Compliance Inspection Findings for this item: This has NOT been corrected.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 As stated on Directive: Complaint Item 20: “All cabinets throughout the house are not hung correctly, have broken drawers from face of cabinet drilling and hardware is not centered” Investigator’s Observation from initial inspection: Verified. There is a broken drawer on the island cabinet. The respondents stated they will be making the necessary corrections on the cabinet hardware. Compliance Inspection Findings for this item: This has NOT been corrected.

As stated on Directive: Complaint Item 21: “stucco on front outside of house is concave under coach light” Investigator’s Observation from initial inspection: Verified. This item has been repaired but not painted. Additionally, there is an area above the garage door pop out where the stucco sags downward along the inside corner. Compliance Inspection Findings for this item: This has been resolved.

As stated on Directive: Complaint Item 22: “stucco material has not been cleaned from number plate” Investigator’s Observation from initial inspection: Verified. The number plate is covered with stucco residue. Compliance Inspection Findings for this item: This has been resolved.

As stated on Directive: Complaint Item 23: “Drywall fixes are needed throughout the house: holes next to outlets, metal sheet under pony wall in upstairs loft is bulging out, holes next to can lights, holes in wall of master closet” Investigator’s Observation from initial inspection: Verified. The repair work has been started throughout the house. However, it has not been completed. Compliance Inspection Findings for this item: This has been resolved.

As stated on Directive: Complaint Item 25: “cracked grout between filed floor in kitchen and great room” Investigator’s Observation from initial inspection: Verified. There is missing grout along the exterior west wall in the living room and underneath the bar top side of the island. Compliance Inspection Findings for this item: This has been resolved.

As stated on Directive: Complaint Item 26: “Need paint touch up throughout house” Investigator’s Observation from initial inspection: Verified. The respondent confirmed the paint touchup has not taken place. It was also observed that paint touchup is required throughout the residence. Compliance Inspection Findings for this item: This has been resolved.

As stated on Directive: Complaint Item 27: “Bedroom #2 closet sliding door was split and needs to be replaced” Investigator’s Observation from initial inspection: Verified. One of the closet doors and bedroom number two has delaminated. Compliance Inspection Findings for this item: This has been resolved.

As stated on Directive: Complaint Item 31: “Solar conduit was not installed per contract agreement. This was paid for and not received” Investigator’s Observation from initial inspection: Verified. The access for the solar conduit is not in the designed location. The respondent confirmed this at the site inspection Compliance Inspection Findings for this item: This has been resolved.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Note:

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

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

Gregory Johndrow Gregory Johndrow, Investigator #195 (520) 628-6896 [email redacted] 1700 W. Washington St., Ste. 105 Phoenix, Arizona 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Picture 1 Compliance Jobsite Inspection Photos

Case: 2023-07726 Date: 1-12-24 Address: 657 W. Calle Espadero; Sahuarita, AZ 85629 Picture 2 Compliance Jobsite Inspection Photos

Case: 2023-07726 Date: 1-12-24 Address: 657 W. Calle Espadero; Sahuarita, AZ 85629

Missing cabinet hardware. Picture 3 Compliance Jobsite Inspection Photos

Case: 2023-07726 Date: 1-12-24 Address: 657 W. Calle Espadero; Sahuarita, AZ 85629

Pulls do not match the new knobs. Picture 4 Compliance Jobsite Inspection Photos

Case: 2023-07726 Date: 1-12-24 Address: 657 W. Calle Espadero; Sahuarita, AZ 85629

Cabinet pulls not replaced. Missing hardware on one door. Picture 5 Compliance Jobsite Inspection Photos

Case: 2023-07726 Date: 1-12-24 Address: 657 W. Calle Espadero; Sahuarita, AZ 85629

Missing draw front. Picture 6 Compliance Jobsite Inspection Photos

Case: 2023-07726 Date: 1-12-24 Address: 657 W. Calle Espadero; Sahuarita, AZ 85629

Cabinets missing pulls or knobs. Picture 7 Compliance Jobsite Inspection Photos

Case: 2023-07726 Date: 1-12-24 Address: 657 W. Calle Espadero; Sahuarita, AZ 85629

Cabinets missing pulls. REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Maria Lopez, Case No. 2023-07726 COMPLAINANT, v. Richmond American Construction Inc., CITATION License No. ROC 206612,

RESPONDENT.

The Registrar issues this Citation to Richmond American Construction Inc., (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by February 3, 2024, 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 31, 2023, Maria Lopez, (“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.

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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 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. 2023-07726. 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]

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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 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 February 3, 2024. 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.

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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 RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B).

RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any

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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 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 January 19, 2024. By: /s/ Gail Mathews Gail Mathews Legal Assistant II Legal Department Arizona Registrar of Contractors

COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, January 19, 2024 to: Respondent Certified Mail No: [number redacted] Richmond American Construction Inc. 16427 N Scottsdale Rd Ste. 175 Scottsdale, AZ 85254

Copy mailed by USPS First Class mail this same date to: Respondent Richmond American Construction Inc. 16427 N Scottsdale Rd Ste. 175 Scottsdale, AZ 85254 Complainant Maria Lopez 657 W Calle Espadero Sahuarita, AZ 85629 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. 2023-07726 / GM of 5

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

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

Gabriel Gardner Mailing Address (Enter jobsite in Contract/Project section) City State Zip

657 W Calle Espadero Sahuarita Arizona 85629 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)

Richmond American Construction Inc ROC 206612 Street Address City State Zip

3091 West Ina Road Tucson Arizona 85741 Phone Number Email

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

Ty Leinenbach Contract/Project Information Contract Date Contract Amount Amount Paid

February 28, 2022 $436,859.00 $436,859.00 Date Work Started Date Work Stopped Date Work Was Completed

February 28, 2022 April 28, 2023 Close of Escrow (New Home) Move-In Date (New-Home)

May 30, 2023 May 31, 2023 Jobsite Street Address City State Zip

657 W Calle Espadero Sahuarita AZ 85629 Name of Construction Site Owner Construction Site Name (if applicable)

Entrada La Coraza at Rancho Sahuarita Phone Number of Construction Site Owner Email of Construction Site Owner

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

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

Has any work been corrected? Yes Different contractors The contract was Written All change orders were Written This project was Residential This project involved New Home

A building permit was obtained by Contractor unknown unknown 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)

Front door to be repaired; Front door was not hung properly so there is light shining through, frame is crooked and deadbolt does not function properly; Back sliding door was not installed properly, broken frame, lock did not function; was not remediated before move in date; Medicine cabinets not installed upon move in date, these were a paid upgrade that still have not been delivered; downstairs entry closet was damaged and needed to be replaced and painted; Screen back sliding doors not installed properly, lock did not function; still not replaced; upstairs bathroom did not have functioning lights; missing both vanity light fixtures that were paid upgrades; upstairs bathroom did not have towel bar installed; upstairs bathroom has multiple drywall patches that were not cleaned, sanded, and painted; needs drywall repairs; upstairs bathroom vanity base covered with material that needs cleaning; Master bathroom has multiple broken tiles and grout lines; Master bathroom vanity needs caulking fixed where countertop meets wall; gap between countertop and wall; Downstairs powder room light fixture was off-center and not remediated prior to move in date; Downstairs powder room needs tiles replaced behind pedestal sink and behind door where tiles and grout are broken; Downstairs powder room had chrome finishes installed when nickel finishes were paid for (toilet paper holder & towel ring); Downstairs powder room had various drywall fixes; Downstairs powder room needs electrician to rehang vanity light; as of now, there is no functioning light; No screen for entry window was ever provided (screens are on every other functioning window); Kitchen cabinet is missing crown molding; All cabinets throughout the house have incorrect hardware installed (doors should have handles and drawers should have knobs, instead the opposite was installed); All cabinets throughout the house are not hung correctly, have broken drawers from face of cabinet drilling and hardware is not centered; stucco on front outside of house is concave under coach light ; stucco material has not been cleaned from number plate; Drywall fixes are needed throughout the house: holes next to outlets, metal sheet under pony wall in upstairs loft is bulging out, holes next to can lights, holes in wall of master closet; nails stick through carpet throughout upstairs; cracked grout between filed floor in kitchen and great room; Need paint touch up throughout house; Bedroom #2 closet sliding door was split and needs to be replaced; no attic access cover door was provided upon move in; Shutters on exterior two windows were not installed upon move in, (this is the elevation selected and paid for and the exterior does not match); Coffered ceiling in master bedroom was not installed per contract agreement

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

Gabriel Gardner \complainant1\ \complainantd1\

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

RCC099 12/05/18 Page 3 of 3 DocuSign Envelope ID: 29C26AF6-EAF1-4ED6-A148-B582EFD9D0E0

ADDENDUM TO PURCHASE AGREEMENT Temporary or Substitute Products

BUYER: Gabriel Gardner SELLER: Richmond American Homes of Arizona, Inc. BUYER: BUYER:

PROPERTY: Lot 44, Block N/A , Subdivision Entrada La Coraza, Tract/Filing No. N/A , City/Township Sahuarita, County Pima County (AZ), State AZ, Street Address 657 W CALLE ESPADERO.

PLANS: Plan Name and Number Layla/T698, Elevation ELVA.

SALES ASSOCIATE: Patty Keene PURCHASE AGREEMENT DATE: 2/28/2022

This is an Addendum to and forms a part of the Purchase Agreement between Buyer and Seller which relates to the Property. If this Addendum conflicts with, varies from or modifies the Purchase Agreement, the terms, conditions, and provisions of this Addendum shall govern and control the rights and obligations of Buyer and Seller. In all other respects, the terms, conditions and provisions of the Purchase Agreement are republished and reaffirmed. Any capitalized terms in this Addendum shall have the meaning given in the Purchase Agreement unless otherwise provided in this Addendum.

Buyer agrees changes or substitutions in the construction of the Home may be made during construction, including without limitation changes to Personalization selections, including as may be required by any governmental or quasi-governmental authorities or by the architectural committee or its equivalent of the homeowners or planned community association for the Subdivision, as a result of unavailability of products from Seller's supply chain, or as Seller may deem necessary, provided that in any such event, substitutions or changes are of comparable quality, function and/or aesthetics or have comparable attributes.

Buyer further agrees that certain products may not be available prior to Closing for which substitute products are not available. In such event Seller may elect to install temporary substitute products ("Temporary Products"). If Seller installs a Temporary Product, the Temporary Product may, at Seller's discretion, be replaced by Seller after Closing, if the unavailable product or an alternate substitute product becomes available from Seller's customary supplier within thirty (30) days after Closing. If a replacement product does not become available from Seller's supplier within thirty (30) days after Closing, Seller shall not be required to replace the Temporary Product and the Temporary Product shall be deemed to be a permanent substitute replacement product.

Buyer agrees that unavailable products not installed prior to Closing that will be installed after Closing and/or the installation of Temporary Products before Closing, shall not render the Home incomplete, entitle Buyer to compensation, or entitle Buyer to terminate this Agreement, withhold or escrow funds at Closing, or delay the Closing, as long as a Certificate of Occupancy or Temporary Certificate of Occupancy has been issued for the Property. This provision is not intended to, and shall not be construed as, prohibiting Buyer's Lender from escrowing funds for the completion of unavailable products or the replacement of Temporary Products.

If, after Closing, Seller is installing a product that was not installed prior to Closing because it was temporarily unavailable, or if Seller is replacing a Temporary Product, Buyer will provide access to Seller and its agents at mutually convenient times and will fully cooperate with Seller in the installation of the product and/or replacement of Temporary Product.

Revised: 2/3/2022 SUBSTITUTE PRODUCTS ADDENDUM

2/28/2022 -19:28 PM DocuSign Envelope ID: 29C26AF6-EAF1-4ED6-A148-B582EFD9D0E0

BUYER(S):

#B1.SG# February 28,#SA.SG# #B1.DT.S# 2022 February 28, 2022 #SA.DT.S# Gabriel Gardner Date Sales Associate or Representative Date Sales Associate License Number (if applicable):

#B2.SG# #B2.DT.S# #SA.TX.2# Date Seller: Richmond American Homes of Arizona, Inc., a Delaware Corporation #B3.SG# #B3.DT.S# Date By: #AR.SG# March 1, 2022 #AR.DT.S# Date

Title: #AR.TX.1# Sr. Closing Manager

Revised: 2/3/2022 SUBSTITUTE PRODUCTS ADDENDUM

2/28/2022 -19:28 PM Home Configuration Worksheet Configured for Gabriel Gardner by Jan Dorame On 4/28/2022 Prices, specifications, and options are subject to change at any time without notice. The options listed are intended to be a sample of options on the home available below, however the list does not constitute an agreement of sale.

Home Gallery #1

Community Entrada La Coraza Base House Price $ 359,990 Lot / Plan / Swing 0044 / T698 / Left Lot Premium $ 15,000 Elevation Elevation A Legal Lot / Block 44 /

Option Description Quantity Price

Onsite Sales Options

Additional Living Space $ 5,251

Not Room-Specific Loft (LOFT) 1.00 $ 5,251

Bathrooms - Onsite $ 1,790

Bathroom 2 Second Lav (BA2NDLAV) 1.00 $ 895 Master Bathroom Second Lav (BA2NDLAV) 1.00 $ 895

Doors - Exterior $ 4,200

Not Room-Specific Center Meet Doors @ Dining (MSLIDE2) 1.00 $ 4,200

Doors - Interior $ 1,315

Not Room-Specific 8' Double Doors ILO Opening Study 1.00 $ 1,315 (DBLDOOR8)

Elevations $ 0

Not Room-Specific Elevation A (ELVA) 1.00 $ 0

Energy Efficiency $ 664

Not Room-Specific Solar Conduit (SOLARCDT) 1.00 $ 664

Garage Doors $ 1,335

Not Room-Specific 8' Garage Door - 2Car (GDR2C8) 1.00 $ 575 Gar Door Opener & Rem (GDO) 1.00 $ 760 Jan Dorame Entrada La Coraza [email redacted] Scenario 729399 - Version 2

April 28, 2022 11:44 AM Page 1 of 11 Home Configuration Worksheet Configured for Gabriel Gardner by Jan Dorame On 4/28/2022 Prices, specifications, and options are subject to change at any time without notice. The options listed are intended to be a sample of options on the home available below, however the list does not constitute an agreement of sale.

Home Gallery #1

Option Description Quantity Price

Interior Features $ 8,489

Not Room-Specific Coffered Ceiling at Master BR (COFMBR) Does not include Crown Mldng 1.00 $ 1,569 Gourmet Kitchen (GMKONS) Onsite Selection 1.00 $ 6,920 Gourmet Kitchen (GMK) 1.00 $ 0

Landscaping $ 0

Not Room-Specific Frontyard Landscape - Std (LPKFYSTD) LAND 1.00 $ 0 Style: C

Plumbing - Onsite $ 1,004

Not Room-Specific Gas Stub @ Patio (GRIPATIO) 1.00 $ 429 Rough In-Water Softening Sys Soft Water Loop 1.00 $ 575 (H2OSFTRI)

Windows - Additional $ 1,484

Not Room-Specific Window at Entry Hall (WDWHALL) Sold as Each 1.00 $ 427 Bathroom 2 Window at Bathroom 2 (WDWBA1) Sold as Each 1.00 $ 367 Master Bedroom Window at Master BR (WDWMBR) Sold as Each 2.00 $ 690

Home Gallery Selections

Electrical - Ceiling Fans $ 1,176

Bedroom 2 Ceiling Fan PW & 2 Switches (CEILFAN2) Optional Locations 1.00 $ 196 Bedroom 3 Ceiling Fan PW & 2 Switches (CEILFAN2) Optional Locations 1.00 $ 196 Bedroom 4 Ceiling Fan PW & 2 Switches (CEILFAN2) Optional Locations 1.00 $ 196 Covered Patio Ceiling Fan PW & 2 Switches (CEILFAN2) Optional Locations 1.00 $ 196 Great Room Ceiling Fan PW & 2 Switches (CEILFAN) Included 1.00 $ 0

Jan Dorame Entrada La Coraza [email redacted] Scenario 729399 - Version 2

April 28, 2022 11:44 AM Page 2 of 11 Home Configuration Worksheet Configured for Gabriel Gardner by Jan Dorame On 4/28/2022 Prices, specifications, and options are subject to change at any time without notice. The options listed are intended to be a sample of options on the home available below, however the list does not constitute an agreement of sale.

Home Gallery #1

Option Description Quantity Price

Loft Area And Upstairs Hall Ceiling Fan PW & 2 Switches (CEILFAN2) Optional Locations 1.00 $ 196 Master Bedroom Ceiling Fan PW & 2 Switches (CEILFAN) Included 1.00 $ 0 Study Ceiling Fan PW & 2 Switches (CEILFAN2) Optional Locations 1.00 $ 196

Electrical - Lights & Pre-Wires $ 2,627

Not Room-Specific Electrical Can & Switch Packag (ELPKG1) 4 cans with switch 4.00 $ 2,312 Pendant Prewire w/ switch (PENDANT) 1.00 $ 315

Electrical - Outlets & Switches $ 470

Not Room-Specific Ded. Outlet 110v - 20Amp - GFI 1.00 $ 290 (OUTDEDGF) Int Wall Outlet 110volt (OUTLETO) Optional Locations 1.00 $ 80 Int Wall Outlet 110volt - GFI (OUTGFI) 1.00 $ 100

Lighting - Exterior $ 168

Not Room-Specific Addtl' Coach Light - Standard Optional Locations 1.00 $ 78 (COACHA00) Coach Light PW (COACHPW) 1.00 $ 90 Whole House Coach Light PW and Switch (COACHSW) 1.00 $ 0

Lighting Interior $ 0

Dining Room Custom Light Fixture 1 (CSTMFIX1) 1.00 $ 0 Jolie 5 Light Chandelier Color: Brushed Nickel

Kitchens $ 0

Gourmet Kitchen Gourmet Kitchen Rough-In (GMKRGH) 1.00 $ 0

Appliances - Kitchen $ 0

Jan Dorame Entrada La Coraza [email redacted] Scenario 729399 - Version 2

April 28, 2022 11:44 AM Page 3 of 11 Home Configuration Worksheet Configured for Gabriel Gardner by Jan Dorame On 4/28/2022 Prices, specifications, and options are subject to change at any time without notice. The options listed are intended to be a sample of options on the home available below, however the list does not constitute an agreement of sale.

Home Gallery #1

Option Description Quantity Price

Gourmet Kitchen GMK Appliances - GE (KAPG001) 1.00 $ 0 Finish: Gas Cktp - SS w/Dbl Oven (Inc finish) Ventilation: Microwave - SS Vented Dishwasher / Stainless Steel Install Micro Trim Kit Install - Spacemaker Micro Microwave Trim Kit / Stainless Steel Install - Dishwasher Braid Install - Dishwasher / Cord 30" Vented Microwave / Stainless Steel Install - Gas Flex Cktp 36" Gas Cooktop / Stainless Steel Install - Built-In Double Oven Double Wall Oven / Stainless Steel

Cabinets $ 5,500

Gourmet Kitchen GMK Premier Cabinet 5 (CABPRG25) 1.00 $ 5,500 Style: Kinsdale Maple Flat Sq - Truffle Molding Style: TL - CM8 (Crown) Included Cabinet Hardware (CABHDWFO) Level 5 - 9 Cabinets Inlc Hdwr 1.00 $ 0 Cab Hardware - Doors: TL 3673VB Ringed Knob Verona Bronze Cab Hardware - Drawers: TL 3672VB Ringed Arch Pull Verona Bronze

Cabinets - Bath $ 180

Bathroom 2 Raised Secondary Vanity Cabs (RSDVANS) 1.00 $ 180

Countertops $ 6,360

Bathroom 2 Natural Stone Countertops (NSTCTOP) 1.00 $ 795 Snow Ridge / Natural Stone Countertop Countertop Edge Treatment: Standard Beveled Edge Countertop Backsplash: Install 4 Inch Backsplash

Jan Dorame Entrada La Coraza [email redacted] Scenario 729399 - Version 2

April 28, 2022 11:44 AM Page 4 of 11 Home Configuration Worksheet Configured for Gabriel Gardner by Jan Dorame On 4/28/2022 Prices, specifications, and options are subject to change at any time without notice. The options listed are intended to be a sample of options on the home available below, however the list does not constitute an agreement of sale.

Home Gallery #1

Option Description Quantity Price

Gourmet Kitchen Natural Stone Countertops (NSTCTOP) 1.00 $ 4,611 Snow Ridge / Natural Stone Countertop Countertop Edge Treatment: Standard Beveled Edge Countertop Backsplash: Delete Backsplash Master Bathroom Natural Stone Countertops (NSTCTOP) 1.00 $ 954 Snow Ridge / Natural Stone Countertop Countertop Edge Treatment: Standard Beveled Edge Countertop Backsplash: Install 4 Inch Backsplash

Faucets - Kitchen, Lndry & Bar $ 0

Gourmet Kitchen Classic Kitchen Faucet (KITF018) 1.00 $ 0 Finish: Chrome Classic Kitchen Faucet / Chrome

Sinks - Kitchen, Laundry & Bar $ 200

Gourmet Kitchen Kitchen Sink (KITSINK) 1.00 $ 200 Double Bowl UM Kitchen Sink / Stainless Steel, Undercounter

Bathrooms $ 1,538

Not Room-Specific Optional Shower Door (SHWRDR) Incl Chrome Door & Encl 1.00 $ 1,538

Bath Suites - Toilets & Peds $ 1,250

Bathroom 2 Archer Toilet (TOILET15) 1.00 $ 350 Finish: White - Comfort Height Elongated Archer Comft Ht Elon Toilet / White Master Bathroom Archer Toilet (TOILET15) 1.00 $ 350 Finish: White - Comfort Height Elongated Archer Comft Ht Elon Toilet / White Powder Room Logan Square Collection (PWDSUT11) 1.00 $ 550 Finish: White - Comfort Height Elongated Logan Sq Comf Ht Elong Toilet / 1.28 White Logan Square Pedestal Lav / White Jan Dorame Entrada La Coraza [email redacted] Scenario 729399 - Version 2

April 28, 2022 11:44 AM Page 5 of 11 Home Configuration Worksheet Configured for Gabriel Gardner by Jan Dorame On 4/28/2022 Prices, specifications, and options are subject to change at any time without notice. The options listed are intended to be a sample of options on the home available below, however the list does not constitute an agreement of sale.

Home Gallery #1

Option Description Quantity Price

Faucets - Bath $ 1,930

Bathroom 2 Woodhurst Bath Faucet Package 1.00 $ 835 (BATHFP24) Plumbing: Stainless - Widespread Jolie 4VL / Brushed Nickel Kinla Tissue Holder / Satin Nickel Kinla Towel Ring / Satin Nickel Kinla Towel Bar / Satin Nickel Woodhurst Tub/Shower Trim / Stainless Steel Woodhurst - Widespread Lav / Stainless Steel Tub Shower Rod / Stainless Steel Master Bathroom Woodhurst Bath Faucet Package 1.00 $ 790 (BATHFP24) Plumbing: Stainless - Widespread Jolie 3VL / Brushed Nickel Kinla Tissue Holder / Satin Nickel Kinla Towel Ring / Satin Nickel Kinla Towel Bar / Satin Nickel Woodhurst Shower Trim / Stainless Steel Woodhurst - Widespread Lav / Stainless Steel Powder Room Woodhurst Bath Faucet Package 1.00 $ 305 (BATHFP24) Plumbing: Stainless - Widespread Jolie 3VL / Brushed Nickel Kinla Tissue Holder / Satin Nickel Kinla Towel Ring / Satin Nickel Woodhurst - Widespread Lav / Stainless Steel

Sinks - Bath $ 700

Bathroom 2 Bath Sink (BATHSINK) 1.00 $ 350 Archer Bath Sink / White, Undercounter Master Bathroom Bath Sink (BATHSINK) 1.00 $ 350 Archer Bath Sink / White, Undercounter

Mirrors & Medicine Cabinets $ 278

Jan Dorame Entrada La Coraza [email redacted] Scenario 729399 - Version 2

April 28, 2022 11:44 AM Page 6 of 11 Home Configuration Worksheet Configured for Gabriel Gardner by Jan Dorame On 4/28/2022 Prices, specifications, and options are subject to change at any time without notice. The options listed are intended to be a sample of options on the home available below, however the list does not constitute an agreement of sale.

Home Gallery #1

Option Description Quantity Price

Master Bathroom Medicine Cabinet (MEDCAB) 2.00 $ 278

Door Hardware $ 0

Not Room-Specific Tustin Ext Door Lever (EXTHAND8) 1.00 $ 0 Finish: Tustin Exterior Lever Satin Nickel Finish #2: Tustin Int Front Door SN Tustin Interior Door Levers (DHDWR2) 1.00 $ 0 Finish: Satin Nickel

Flooring - Tile Flooring $ 7,493

Bathroom 2 Floor Tile / Stone (FLRTILE) 1.00 $ 767 Cabin / 6 x 24 Color: Yosemite Installation Pattern: Herringbone Floor Install Underlayment: Underlayment Herringbone Floor Tile Install Tile Underlayment Dining Room Floor Tile / Stone (FLRTILE) 1.00 $ 1,413 Cabin / 6 x 24 Color: Sequoia Installation Pattern: Staggered Floor Tile Install Staggered Floor Tile Install Entry Floor Tile / Stone (FLRTILE) 1.00 $ 221 Cabin / 6 x 24 Color: Sequoia Installation Pattern: Staggered Floor Tile Install Staggered Floor Tile Install Extended Entry 1 Floor Tile / Stone (FLRTILE) 1.00 $ 191 Cabin / 6 x 24 Color: Sequoia Installation Pattern: Staggered Floor Tile Install Staggered Floor Tile Install

Jan Dorame Entrada La Coraza [email redacted] Scenario 729399 - Version 2

April 28, 2022 11:44 AM Page 7 of 11 Home Configuration Worksheet Configured for Gabriel Gardner by Jan Dorame On 4/28/2022 Prices, specifications, and options are subject to change at any time without notice. The options listed are intended to be a sample of options on the home available below, however the list does not constitute an agreement of sale.

Home Gallery #1

Option Description Quantity Price

Gourmet Kitchen Floor Tile / Stone (FLRTILE) 1.00 $ 1,940 Cabin / 6 x 24 Color: Sequoia Installation Pattern: Staggered Floor Tile Install Staggered Floor Tile Install Laundry Room Floor Tile / Stone (FLRTILE) 1.00 $ 569 Cabin / 6 x 24 Color: Yosemite Installation Pattern: Staggered Floor Tile Install Underlayment: Underlayment Tile Underlayment Staggered Floor Tile Install Master Bathroom Floor Tile / Stone (FLRTILE) 1.00 $ 1,496 Cabin / 6 x 24 Color: Yosemite Installation Pattern: Herringbone Floor Install Underlayment: Underlayment Herringbone Floor Tile Install Tile Underlayment Mud Room Floor Tile / Stone (FLRTILE) 1.00 $ 504 Cabin / 6 x 24 Color: Sequoia Installation Pattern: Staggered Floor Tile Install Staggered Floor Tile Install Powder Room Floor Tile / Stone (FLRTILE) 1.00 $ 392 Cabin / 6 x 24 Color: Sequoia Installation Pattern: Staggered Floor Tile Install Staggered Floor Tile Install

Flooring - Carpet $ 0

Bedroom 2 Carpet Flooring (CARP) 1.00 $ 0 Good Trail (347RA) Color: Soft Taupe Carpet Pad: Sage Pad - Standard Standard Sage Pad 5lb 3/8"

Jan Dorame Entrada La Coraza [email redacted] Scenario 729399 - Version 2

April 28, 2022 11:44 AM Page 8 of 11 Home Configuration Worksheet Configured for Gabriel Gardner by Jan Dorame On 4/28/2022 Prices, specifications, and options are subject to change at any time without notice. The options listed are intended to be a sample of options on the home available below, however the list does not constitute an agreement of sale.

Home Gallery #1

Option Description Quantity Price

Bedroom 3 Carpet Flooring (CARP) 1.00 $ 0 Good Trail (347RA) Color: Soft Taupe Carpet Pad: Sage Pad - Standard Standard Sage Pad 5lb 3/8" Bedroom 4 Carpet Flooring (CARP) 1.00 $ 0 Good Trail (347RA) Color: Soft Taupe Carpet Pad: Sage Pad - Standard Standard Sage Pad 5lb 3/8" Great Room Carpet Flooring (CARP) 1.00 $ 0 Good Trail (347RA) Color: Soft Taupe Carpet Pad: Sage Pad - Standard Standard Sage Pad 5lb 3/8" Loft Area And Upstairs Hall Carpet Flooring (CARP) 1.00 $ 0 Good Trail (347RA) Color: Soft Taupe Carpet Pad: Sage Pad - Standard Standard Sage Pad 5lb 3/8" Master Bedroom Carpet Flooring (CARP) 1.00 $ 0 Good Trail (347RA) Color: Soft Taupe Carpet Pad: Sage Pad - Standard Standard Sage Pad 5lb 3/8" Under-Stair Storage Area Carpet Flooring (CARP) 1.00 $ 0 Good Trail (347RA) Color: Soft Taupe Carpet Pad: Sage Pad - Standard Standard Sage Pad 5lb 3/8" Stairs To Second Floor Carpet Flooring (CARP) 1.00 $ 0 Good Trail (347RA) Color: Soft Taupe Carpet Pad: Sage Pad - Standard Standard Sage Pad 5lb 3/8"

Jan Dorame Entrada La Coraza [email redacted] Scenario 729399 - Version 2

April 28, 2022 11:44 AM Page 9 of 11 Home Configuration Worksheet Configured for Gabriel Gardner by Jan Dorame On 4/28/2022 Prices, specifications, and options are subject to change at any time without notice. The options listed are intended to be a sample of options on the home available below, however the list does not constitute an agreement of sale.

Home Gallery #1

Option Description Quantity Price

Study Carpet Flooring (CARP) 1.00 $ 0 Good Trail (347RA) Color: Soft Taupe Carpet Pad: Sage Pad - Standard Standard Sage Pad 5lb 3/8"

Interior Paint & Drywall $ 0

Whole House Paint 0-Standard Paint (PAINT0) 1.00 $ 0 Color: Alabaster

Interior Trim $ 0

Whole House Interior Trim Package 0 (INTTRIM0) 2 1/4 Base Trim 1.00 $ 0

Stair Rail $ 1,585

Stairs To Second Floor Rail Main 3-Mission Oak (RAILM3) 1.00 $ 1,585 Style: Ebony

Structured Wiring $ 3,334

Not Room-Specific Room Audio Speakers (RMAUDIO3) Sun Speakers 2.00 $ 3,334

Exterior Colors Color Package: Elev A - Scheme 5 Category Selected Color Main Body - Ext Color Virtual Taupe Garage - Ext Color Griffin Trim - Ext Color Accessible Beige Stucco Wainscot - Ext Color Accessible Beige Fascia - Ext Color Sable Shutter - Ext Color Sable Front Door - Ext Color Sable Decorative - Ext Color Black Fox Roof - Ext Color Old Mesquite Blend MSCS0772 Stone - Ext Color N/A Corbels/Brackets N/A

Eligible Sales Programs 0 Sales Program Description Change Order Amount

Jan Dorame Entrada La Coraza [email redacted] Scenario 729399 - Version 2

April 28, 2022 11:44 AM Page 10 of 11 Home Configuration Worksheet Configured for Gabriel Gardner by Jan Dorame On 4/28/2022 Prices, specifications, and options are subject to change at any time without notice. The options listed are intended to be a sample of options on the home available below, however the list does not constitute an agreement of sale.

Home Gallery #1

Option Description Quantity Price

Home Summary

Base House $ 359,990 Lot Premium $ 15,000 Onsite Sales Options $ 25,532 Home Gallery Selections $ 34,789 Total Sales Price $ 435,311 Total Incentives $ 0 Net Sales Price $ 435,311

Jan Dorame Entrada La Coraza [email redacted] Scenario 729399 - Version 2

April 28, 2022 11:44 AM Page 11 of 11 FIDELITY NATIONAL TITLE AGENCY, INC. 6245 E. Broadway Blvd, Suite 180, Tucson, AZ 85711 Phone: (520) 290-6227 Fax: (520) 290-3884 Combined Settlement Statement Final Escrow No: Close Date: 06/01/2023 Proration Date: 06/01/2023 Disbursement Date: 06/01/2023

Buyer(s)/Borrower(s): Gabriel Gardner 657 W Calle Espadero Sahuarita, AZ 85629

Seller(s): Fidelity National Title Agency, Inc, an Arizona corporation, as Trustee under Trust No. 60,516, as Trustee only and not in its corporate capacity 6245 E. Broadway Blvd. #180 Tucson, AZ 85711

Lender: HomeAmerican Mortgage Corporation Loan #: [number redacted] Property: 657 W Calle Espadero Sahuarita, AZ 85629 Brief Legal: Lot(s) 44, of Entrada La Coraza

Seller Debit Seller Credit Description Buyer Debit Buyer Credit TOTAL CONSIDERATION: 436,859.00 Sale Price of Property 436,859.00 20,548.00 Seller Credit towards closing costs 20,548.00 9,939.00 Earnest Money/Option Deposit with Richmond American 9,939.00 NEW AND EXISTING ENCUMBRANCES: New Loan from HomeAmerican Mortgage Corporation 349,487.00 NEW LOAN CHARGES: - HomeAmerican Mortgage Corpo 4.75% of Loan Amount (Points) to 16,600.63 HomeAmerican Mortgage Corporation Document Preparation fee to HomeAmerican 425.00 Mortgage Corporation Extended Lock fee - HMC to HomeAmerican 1,753.71 Mortgage Corporation Processing fee to HomeAmerican Mortgage 450.00 Corporation Underwriting fee to HomeAmerican Mortgage 425.00 Corporation Appraisal fee to Ira Gold and Company 500.00 Appraiser Completion Cert to Ira Gold and 125.00 Company Credit Report to CoreLogic Credco 103.70 Flood Certification to CoreLogic Flood 15.00 Services MERS Registration to MERS 24.95 Tax Service fee to First American 109.00 40.00 Escrow fees to Fidelity National Title Agency, 739.00 Inc. 25.00 Recording fees to Fidelity National Title 75.00 Agency, Inc. Homeowner's Insurance Premium to 481.00 American Strategic Insurance 12 mos. Second half 2022 Property Taxes to Pima County Treasurer $140.01 POC - Seller Homeowner's Insurance to HomeAmerican 120.27 Mortgage Corporation 3 mos. @ $40.0900/month Property Taxes to HomeAmerican Mortgage 1,878.48 Corporation 4 mos. @ $469.6200/month Aggregate Adjustment to HomeAmerican (200.45) Mortgage Corporation TITLE CHARGES: ALTA Extended Loan Policy (7-1-21) for 1,022.00 $349,487.00 to Fidelity National Title Agency, Inc. Premium: $1022.00 5, 8.1, 9. 22.06 to Fidelity National Title 225.00 Agency, Inc. 25.00 ALTA Standard Owners Policy (7-1-21) for $436,859.00 to Fidelity National Title Agency, Inc. Premium: $25.00 ADDITIONAL CHARGES: HOA Buyer Advance assessment to Rancho 250.00 Sahuarita HOA HOA dues from 6/1/2023 to 8/1/2023 based 250.68 on the Monthly amount of $125.00 HOA Transfer fee to Associa Arizona 80.00 HOA Working capital fee to Rancho 250.00 Sahuarita HOA 4,368.59 Markting fee to Rancho Sahuarita Mgmt Co. 1,500.00 Park Distribution fee to Rancho Sahuarita Mgmt Co. 10.00 Trustee deed fee to Fidelity National Title - Trust Dept 250.00 Processing fee to Richmond American 250.00

Printed by Leslie DiazCecena on 6/1/2023 - 11:51:24AM Page 1 of 2 FIDELITY NATIONAL TITLE AGENCY, INC. 6245 E. Broadway Blvd, Suite 180, Tucson, AZ 85711 Phone: (520) 290-6227 Fax: (520) 290-3884 Combined Settlement Statement Final Escrow No: Close Date: 06/01/2023 Proration Date: 06/01/2023 Disbursement Date: 06/01/2023

Seller Debit Seller Credit Description Buyer Debit Buyer Credit PRORATIONS AND ADJUSTMENTS: 115.84 County Taxes from 1/1/2023 to 6/1/2023 115.84 based on the Annual amount of $280.02 COMMISSIONS: 7,199.80 Commission $7,199.80 to Tierra Antigua Realty 43,771.23 437,109.00 Sub Totals 462,811.97 380,089.84 393,337.77 Proceeds Due Seller Balance Due From Buyer 82,722.13 437,109.00 437,109.00 Totals 462,811.97 462,811.97

Printed by Leslie DiazCecena on 6/1/2023 - 11:51:24AM Page 2 of 2 Received 2/2/2024 ROC Legal

Richard L. Righi, (#014879) Chris H. Begeman (#024911) RIGHI FITCH LAW GROUP, P.L.L.C. 2999 N. 44th Street, Suite 215 Phoenix, AZ 85018 Telephone: (602) 385-6776 Facsimile: (602) 385-6777 [email redacted] [email redacted] Attorney(s) for Respondent Richmond American Construction, Inc. REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

MARIA LOPEZ, Case No.: 2023-07726 Complainant, WRITTEN ANSWER TO CITATION AND COMPLAINT vs. RICHMOND AMERICAN CONSTRUCTION, INC. License No. ROC 206612 Respondent. Richmond American Construction, Inc. (“Richmond American”), by and through undersigned counsel, hereby submits its written response to the Citation issued in Case No. 2023-07726 involving claims at the residence owned by Maria Lopez. Richmond American denies the allegations set forth in Charge 1 and Charge 2 of the Citation. Richmond American anticipates that a resolution of the claims will be reached shortly resulting in the submission of a stipulation to dismiss the Complaint and Citation. Richmond American denies that the work performed by any of its trade partners did not meet the minimum workmanship standards or fell below the applicable standard of care or is a violation of A.R.S. §§ 32-1154(A)(3) or 32-1154(A)(22) as alleged in the

Received 2/2/2024 ROC Legal

Citation. In support of the denial, Richmond American anticipates soliciting and providing testimony from the trade partners that actually performed the alleged deficient work as well as an independent Arizona licensed general contractor that the work identified as allegedly non-compliant by the Registrar of Contractors Inspector in the Compliance Jobsite Notes was actually completed in a professional and workmanlike manner and complies with industry standards. In addition, all items have been or are in the process of being completed, as agreed to and permitted by Complainant. Richmond American denies each and every allegation in Charge 1 and Charge 2 of the Citation and contends that all work, including all corrective work, was performed in a professional and workmanlike manner and complies with industry standards. Richmond American denies the commission of any act or acts that would, if proved, be cause for the suspension or revocation of Richmond American’s license under A.R.S. § 32-1154 and the rules adopted by the Registrar of Contractors. Having responded to the Citation, Richmond American respectfully requests that no action be taken against Richmond American’s license, that the Complaint and Citation be dismissed with prejudice. RESPECTFULLY SUBMITTED this 2nd day of February, 2024. RIGHI FITCH LAW GROUP, P.L.L.C. By:_________________________________ Richard L. Righi Chris H. Begeman 2999 N. 44th Street, Suite 215 Attorney(s) for Respondent Richmond American Construction, Inc.

Received 2/2/2024 ROC Legal

COPY of the foregoing e-mailed this 2nd day of February, 2024 to: Arizona Registrar of Contractors 1700 Washington Street, Suite 105 Phoenix, Arizona 85007 [email redacted] Gregory Johndrow, Investigator #195 1700 W. Washington St., Ste. 105 Phoenix, AZ 85007 [email redacted] COPY of the foregoing mailed this 2nd day of February, 2024 to: Maria Lopez 657 W Calle Espadero Sahuarita, AZ 85629 Complainant By: /s/Lorraine Ramirez

Received 2/5/24, 8:25 AM State of Arizona Mail - Written Answer to Citation re Richmond American Construction, Inc. adv. Lopez; Case2/2/2024 No. 2023-07726 ROC Legal

Answers - AZROC <[email redacted]>

Written Answer to Citation re Richmond American Construction, Inc. adv. Lopez; Case No. 2023-07726 messages

Lorraine Ramirez <[email redacted]> Fri, Feb 2, 2024 at 3:08 PM To: "[email redacted]" <[email redacted]>, "[email redacted]" <[email redacted]> Cc: Chris Begeman <[email redacted]>, Stacey Wright <[email redacted]>

Good afternoon,

Attached please find the Written Answer to Citation and Complaint re this matter.

Thank you.

an AV ® rated law firm*

Lorraine Ramirez

Legal Assistant

2999 N. 44th Street

Suite 215

Phoenix, AZ 85018

602-385-6776 phone

602-385-6777 fax

www.righilaw.com

CONFIDENTIALITY NOTICE: This email message is intended only for the person or entity to whom it is addressed and may contain confidential and/or otherwise privileged material. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email, delete the original message and destroy all copies.

*Richard Righi and Elizabeth Fitch are AV® Preeminent ™ rated by Martindale-Hubbell. AV® Preeminent and BV® Distinguished™ are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale- Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the Bar and Judiciary. Martindale-Hubbell Peer Review Ratings fall into two categories – legal ability and general ethical standards https://mail.google.com/mail/b/AEoRXRS_emcyB4xhrcgTK-WJdhbdepVxKyVkDahpdkyEmGfPlQlA/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 1/3 Received 2/5/24, 8:25 AM State of Arizona Mail - Written Answer to Citation re Richmond American Construction, Inc. adv. Lopez; Case2/2/2024 No. 2023-07726 ROC Legal

Written Answer to Citation and Complaint re Lopez.pdf 148K

Lorraine Ramirez <[email redacted]> Fri, Feb 2, 2024 at 11:02 PM To: "[email redacted]" <[email redacted]>, "[email redacted]" <[email redacted]> Cc: Chris Begeman <[email redacted]>, Stacey Wright <[email redacted]>

Greetings,

Please be advised that the incorrect Written Answer to Citation and Complaint was inadvertently submitted. Please see the correct version attached.

Thank you!

an AV ® rated law firm*

Lorraine Ramirez

Legal Assistant

2999 N. 44th Street

Suite 215

Phoenix, AZ 85018

602-385-6776 phone

602-385-6777 fax

www.righilaw.com

[Quoted text hidden]

https://mail.google.com/mail/b/AEoRXRS_emcyB4xhrcgTK-WJdhbdepVxKyVkDahpdkyEmGfPlQlA/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 2/3 Received 2/5/24, 8:25 AM State of Arizona Mail - Written Answer to Citation re Richmond American Construction, Inc. adv. Lopez; Case2/2/2024 No. 2023-07726 ROC Legal Written Answer to Citation and Complaint re Lopez.pdf 152K

https://mail.google.com/mail/b/AEoRXRS_emcyB4xhrcgTK-WJdhbdepVxKyVkDahpdkyEmGfPlQlA/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 3/3 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