2023A-08019-CHC-ROC Notice of Hearing and Packet MAILED
2023A-08019-CHC-ROC · Registrar of Contractors · 2023-11-09
REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Alane Moore , Case No. 2023-08019 COMPLAINANT, Docket No. 2023A-08019-CHC-ROC
v. NOTICE OF HEARING ON CONTESTED CASE New Generation Building LLC License No. ROC 324115,
RESPONDENT.
This Notice of Hearing is issued under A.R.S. § 41-1092.05(D).
HEARING INFORMATION The hearing is set for:
December 14, 2023 9:00 AM Velva Moses-Thompson Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.
If you have requested to appear in-person at the hearing, the hearing will be held at 1740 W Adams Street, Phoenix, AZ 85007.
You must attend this hearing. This is an adversarial hearing before an administrative law judge, and is conducted in a similar manner as judicial proceedings. Thus, you must be prepared to present evidence, including witness testimony and documents, in support of your case.
STATEMENT OF LEGAL AUTHORITY AND JURISDICTION The State of Arizona has determined that the licensing and regulation of construction contractors is a proper state function, and has vested authority in the Registrar of Contractors
to administer Title 32, Chapter 10 of the Arizona Revised Statutes. A.R.S. §§ 32-1101 et seq.
All hearings for alleged violations of Title 32, Chapter 10 are conducted under Title 41,
Chapter 6, Article 10. A.R.S. § 32-1156.
The statutes and rules governing the hearing can be found at: Arizona Revised Statutes §§ 41-1092 to -1092.12, and Arizona Administrative Code R2-19-101 to -122. PARTICULAR ARIZONA STATUTES AND RULES INVOLVED The statutes and rules the Respondent is alleged to have violated are cited in the complaint and citation, which were served on the Respondent on October 4, 2023.
SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED The complaint and citation allege that the Respondent committed the following act(s):
Charge: 1 A.R.S. § 32-1154(A)(3) - R4-9-108(a)
Charge: 2 A.R.S. § 32-1154(A)(22)
THE PARTIES TO THE ADMINISTRATIVE HEARING Because Respondent is a licensee and is charged with an act(s) or omission(s) that is
cause for the suspension or revocation of a license, Respondent is a party to this case and will
be a party to the hearing.
Because Complainant alleged Respondent committed an act(s) or omission(s) that is cause for the suspension or revocation of a license, Complainant is a party to this case and will be a party to the hearing. Respondent and Complainant, as the parties to the hearing, will present evidence and argument to the administrative law judge. The Registrar’s assigned investigator will appear as a witness at the hearing.
RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney. A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented
by an officer or employee if that person satisfies the conditions set forth in A.R.S. § 32-
1156(B).
CHANGE OF ADDRESS Each party must inform the Registrar and the Office of Administrative Hearings of
any change of address within five (5) days of the change. A.R.S. § 41-1092.04.
HEARING PROCEDURES AND RULES The administrative hearing will be conducted in accordance with A.R.S. §§ 41-1092
to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and processes governing the administrative hearing. Copies of the statutes, rules, and articles
regarding the administrative hearing process can be found at https://www.azoah.com/.
REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE
The Registrar’s investigators, employees, and attorneys will appear at the hearing via
video conference or telephone unless requested by a party to appear in-person. Requests for
the Registrar’s investigators, employees, or attorneys to appear in-person must be filed with the Registrar and the Office of Administrative Hearings no later than seven (7) calendar days prior to the hearing date.
HEARING PACKET In the interests of administrative efficiency, the Registrar compiles and discloses certain documents to the parties and the Office of Administrative Hearings. These documents are attached to this Notice of Hearing as the “Hearing Packet.” If any party wishes to submit additional evidence, they must do so during the hearing after completing a disclosure statement. See “Disclosure Statement” section below.
SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS The parties to the hearing must be prepared to present evidence in support of their case. If a party wants to obtain testimony from a witness or documents not in the party’s possession, the party must prepare and file a written subpoena for the Administrative Law Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com. The party seeking a subpoena must serve notice on all the parties to the hearing, and on the Registrar. A.R.S. § 41-1092.04.
DISCLOSURE STATEMENT At least seven calendar days before the hearing, each party must prepare and serve a
disclosure statement on all other parties, and file it with the Office of Administrative Hearings.
A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the
party will use at the hearing. A party’s failure to timely disclose any witness or exhibit, without good cause, may result in the administrative law judge excluding those witnesses or exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is available on the Registrar’s website at https://roc.az.gov/content/prehearing-disclosure- statement.
CHANGING THE HEARING DATE
The date of the hearing may only be advanced or delayed on the agreement of the parties or on a showing of good cause. A.R.S. § 41-1092.05(C). The date of the hearing may be changed by filing a written agreement of the parties to change the date of the hearing. The written agreement must be filed with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmitted to the Registrar and all other parties. The assigned Administrative Law Judge may be found on the Office of Administrative Hearings’ web portal at www.azoah.com If a party would like to move the date of the hearing without agreement of all parties, the party must file a written motion with the Office of Administrative Hearings, directed to the
assigned Administrative Law Judge, and transmit a copy to the Registrar and all other parties.
The motion must state in detail good cause for why the date of the hearing should be advanced
or delayed, and the position of all other parties regarding the advancement or delay.
A party may also file a motion asserting a right to an expedited hearing upon a showing of extraordinary circumstances or the possibility of irreparable harm. A.R.S. § 41-1092.05(E).
RESOLUTION SHORT OF ADJUDICATION
In any case which is resolved or settled by the parties, or which is withdrawn by the
Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of the resolution or settlement. Any such cases will be listed on the Registrar’s website and its records under the category: “Closed Complaints – Resolved/Settled/Withdrawn.” Dated November 9, 2023.
By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail November 9, 2023 to:
Respondent(s) New Generation Building LLC PO Box 122 Eagar, AZ 85925 Eduardo H. Coronado, Esq. 4700 W White Mountain Blvd Ste A Lakeside, AZ 85929
Complainant(s) Alane Moore 413 W 4th Ave Eagar, AZ 85925
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. 2023-08019 /
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: Alane Moore 413 W 4th Ave Eagar, AZ 85925
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: New Generation Building LLC DBA: PO Box 122 Eagar, AZ 85925
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 July 25, 2023
Jobsite Inspection Notice Re: Complaint Number 2023-08019
Dear Complainant and Respondent:
A formal complaint has been filed with the Arizona Registrar of Contractors.
A jobsite inspection is scheduled for August 9, 2023 at 11:00 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.
COMPLAINANT: 1. Under A.R.S. § 32-1155(D)(1), the Respondent must be allowed, upon request, the opportunity to inspect the work complained of within fifteen (15) days of receiving this notice. If Respondent is not provided an opportunity to inspect the work within the fifteen (15) day time period, the Registrar may be prohibited from taking further action on this complaint. 2. The Registrar may also be precluded from taking further action on this complaint, if the work that is the subject of the complaint is subject to neglect, modification, or abnormal use. A.R.S. § 32-1155(D)(2) 3. You must provide safe access to any area to be inspected. If access to a roof or other elevated area is required, you must provide a means to safely access the area (ladder or manlift as appropriate). Additionally, please secure any animals.
RESPONDENT: 1. Enclosed is a copy of the complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity to inspect the work complained of within fifteen days of the date of receipt of this notice. 2. To assist the assigned investigator in evaluating the merits of the complaint, please submit a response to the enclosed complaint to the assigned investigator prior to the scheduled inspection. 3. If you do not attend the jobsite inspection, your absence may negatively impact the investigation, and your interests. 4. If a building permit(s) was required for this project, please have the building permit information available at the jobsite inspection.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 If either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time.
If the parties resolve the complaint prior to the inspection, please notify the assigned investigator in writing and by phone as soon as possible.
Sincerely, Miles Crosby Miles Crosby, Investigator #213 928 6370485 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007
CC: Choose an item. Choose an item. Choose an item. Choose an item.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 A Guide to Jobsite Inspections
Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license alleging poor workmanship, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.
Jobsite Inspection Rights and Responsibilities Access to inspect: The property owner has complete control over who they allow on the property. However, if the Registrar’s investigator or the contractor cannot inspect the work, the Registrar will not move forward with a citation.
Cooperation: Arizona law enables injured parties to seek relief for damages through several paths. When dealing with a licensed contractor, the Registrar of Contractors’ administrative complaint process may serve as one of those possible paths. However, in order to use that path, the Registrar relies on the cooperation of all parties to a complaint.
Minimum workmanship: The Registrar investigates workmanship complaints for compliance with minimum workmanship and professional industry standards. The Registrar does not issue citations for work that meets these standards.
Scope: The scope of the Jobsite Inspection is limited to items listed in the complaint filed with the Registrar’s office. It is the complainant’s responsibility to point out the complaint item(s) and the Investigators role to review the item(s). If the complainant identifies additional workmanship items not listed in the original complaint, they must file an addendum to the complaint. The Registrar’s Investigator may identify additional administrative violations by the contractor (e.g. work performed out of scope of the license and failure to provide a contract that meets requirements set by Arizona law) at the time of the inspection.
The Role of the Investigator At the Jobsite Inspection, the Registrar’s investigator will: ● Only investigate the items listed on the complaint form filed with the Registrar. ● Will gather evidence to make an informed decision about the complaint items.
What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will leave the jobsite and review the evidence provided during the inspection. Generally, the investigator does not make any determination at the time of the jobsite inspection regarding whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.
Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter.
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 (DELETE THIS ADDRESS/PAGE IF NOT WARRANTED) License mailing address (if different from account/company address of record):
New Generation Building LLC
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 (DELETE THIS ADDRESS/PAGE IF NOT WARRANTED)
Complainant Attorney:
,
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 (DELETE THIS ADDRESS/PAGE IF NOT WARRANTED)
Respondent Attorney:
,
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Jobsite Inspection Notes
Case No.: 2023-08019 Investigator: Miles Crosby Inspection Date: August 9, 2023 Inspection Time: 11:00 AM
Complainant: Alane Moore Respondent: New Generation Not Present: Building LLC Not Present:
Jobsite General Notes:
JSI photos taken with my Google Pixel 3a work phone JSI audio recorded with my Google Pixel 3a work phone JSI photos and audio have been placed into the Salesforce Case folder.
Many of the items listed have extensive water damage and the proper measures should be taken to determine if there is further damage and/or related issues due to this. As the ROC does not preside over the corrections it is the Complainant right and responsibility to be present and document accordingly.
Complaint Item: 1 - Guest Bath: Baseboards need to be installed; Investigator’s Observation: I observed the baseboards damaged from water due to the prior shower leak. Does not meet standards. Respondent should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 2 - Guest Bath: Kickplate needs to be installed; Investigator’s Observation: No kickplate had been installed. Does not meet standards. Respondent should correct by appropriate means.
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Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 3 - Guest Bath: Drawer pulls need to be installed; Investigator’s Observation: No pulls installed. Does not meet standards. Respondent should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 4 - Guest Bath: molding around tub needs to be repaired; Investigator’s Observation: Water damage from leaking toilet. Does not meet standards. Respondent should correct by appropriate means. Governing Rule:
Complaint Item: 5 - Guest Bath: Backsplash on vanity needs to be installed; Investigator’s Observation: No backsplash installed. Does not meet standards. Respondent should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 6 - Guest Bath: Wall needs to be repaired; Investigator’s Observation: Damage to wall due to previous repair. Does not meet standards. Respondent should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 7 - Guest Bath: Toilet appears to be leaking under flooring, needs to be repaired.; Investigator’s Observation: At the time of inspection there was no 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
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indication of leaking. Although the baseboard damage was stated to be caused by the toiled. Does not meet standards. Respondent should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 8 - Master Bath: Flooring flooded, needs to be repaired; Investigator’s Observation: Much of the base board is damaged. The extent of the damage should be determined by the Respondent and corrected by appropriate means. Does not meet standards. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 9 - Master Bath: Bathroom door frame to be replaced due to water damage from shower; Investigator’s Observation: Further damage from the leaking shower. The extent of the damage should be determined by the Respondent and corrected by appropriate means. Does not meet standards. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 10 - Master Bath: Shower to be repaired (partial work completed) no tests actually done to the drainage; Investigator’s Observation: Not able to determine as this issue is an issue that would take time and multiple uses of the shower to determine if there is a continued problem. If an issue results in the future the Complainant may file another complaint regarding this issue. Governing Rule: N/A
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
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Complaint Item: 11 - Master Bath: Drawer pulls to be installed; Investigator’s Observation: No pulls installed. Does not meet standards. Respondent should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 12 - Master Bath: Shower door to be installed; Investigator’s Observation: No door has been installed. Does not meet standards. Respondent should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 13 - Master Bath: Wall repair; Investigator’s Observation: Multiple areas of water damage. The extent of the damage should be determined by the Respondent and corrected by appropriate means. Does not meet standards. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 14 - Master Bath: Kickplate to be installed; Investigator’s Observation: No kickplate was installed. Does not meet standards. Respondent should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 15 - Master Bath: New baseboards to be installed where water damaged from leaking shower; Investigator’s Observation: The extent of the damage should be
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
determined by the Respondent and corrected by appropriate means. Does not meet standards. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 16 - Master Bath: Backsplash to be installed; Investigator’s Observation: No backsplash was installed. Does not meet standards. Respondent should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 17 - Master Bath: Sink repair (cold water smells and no pressure in the left sink); Investigator’s Observation: Sink had very poor water flow. Does not meet standards. Respondent should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 18 - Master Bath: Mirrors hung on shiplap; Investigator’s Observation: Mirrors had not been hung. Does not meet standards. Respondent should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 19 - Living Room: Wall repair (pillar as well); Investigator’s Observation: Damage to wall made by the Respondent during repairs. Does not meet standards. Respondent should correct by appropriate means.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
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Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 20 - Living Room: both front and back doors need better seal. Wind and dirt enter unimpeded ; Investigator’s Observation: This item is outside the 2 Year Jurisdiction and is considered Home Owner Maintenance. Governing Rule: N/A
Complaint Item: 21 - Living Room: Airduct/heating Issues...neither heating nor cooling working from the central air; Investigator’s Observation: This item was not demonstrated or shown. However the Respondent stated he would correct. Does not meet standards. Respondent should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 22 - Living Room: Damaged windows replaced; Investigator’s Observation: Screen was not all the way in the channel. Corrected at JSI. Governing Rule: N/A
Complaint Item: 23 - Living Room: Water damage in the hall due to shower leak; Investigator’s Observation: Water damage throughout. The extent of the damage should be determined by the Respondent and corrected by appropriate means. Does not meet standards. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
Complaint Item: 24 - Living Room: baseboards to be replaced in the hall that were damaged due to water leak; Investigator’s Observation: Water damage throughout. The extent of the damage should be determined by the Respondent and corrected by appropriate means. Does not meet standards. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 25 - Master Bedroom: Broken window replaced; Investigator’s Observation: The window identified by the Complainant had damage to the frame. Does not meet standards. Respondent should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 26 - Master Bedroom: Window repairs (cracks) ; Investigator’s Observation: Window was observed to be pulling away from the drywall in the cavity. Does not meet standards. Respondent should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 27 - Master Bedroom: Flooring to be repaired due to water damage from shower leak (water pupping up from flooring); Investigator’s Observation: Water damage throughout. The extent of the damage should be determined by the Respondent and corrected by appropriate means. Does not meet standards. Governing Rule: Violation of any rule adopted by the Registrar;
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 28 - Front Porch: 3rd light has never worked (attempted repair once previously); Investigator’s Observation: Light did not work when light switch activated. Does not meet standards. Respondent should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 29 - Garage: Baseboards replaced due to water leak ; Investigator’s Observation: Water damage throughout. The extent of the damage should be determined by the Respondent and corrected by appropriate means. Does not meet standards. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 30 - Garage: 2nd door opener never given to owner; Investigator’s Observation: Opener did not work at the time of the JSI. Does not meet standards. Respondent should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 31 - Garage: Garage door opener does not work and will not turn on. Stopped working after the last worker was working on the shower; Investigator’s Observation: Opener did not work at the time of the JSI. Does not meet standards. Respondent should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar;
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 32 - Fence: needs to be repaired (was told multiple times the repairs would happen just needed supplies); Investigator’s Observation: This item is outside the 2 Year Jurisdiction and is considered Home Owner Maintenance. Governing Rule: N/A
Complaint Item: 33 - Fence: Needs to be painted or stained (contract was for a fence painted white...after multiple meetings owner agreed to just have the fence stained but that has never happened); Investigator’s Observation: This item is outside the 2 Year Jurisdiction and is considered Home Owner Maintenance. Governing Rule: N/A
Complaint Item: 34 - Back Porch: Pillars need to be stained (During previous round of repairs, contractor replaced the two back porch pillars that were cracking. They stated they needed to come back to stain the pillars but never did.); Investigator’s Observation: The wood was observed to not have any preventative treatment applied. Does not meet standards. Respondent should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 35 - Back Porch: Pavers need to be resanded to hold tight; Investigator’s Observation: This is considered Home Owner maintenance. Governing Rule: N/A
Complaint Item: 36 - Kitchen: Caulk the backsplash; Investigator’s Observation: This item is outside the 2 Year Jurisdiction and
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
is considered Home Owner Maintenance. Governing Rule: N/A
Complaint Item: 37 - Kitchen: Wall repair; Investigator’s Observation: I observed deep scratches in the wall from previous repairs. Does not meet standards. Respondent should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 38 - Kitchen: Outlet at back door allows air and dirt to blow in. Needs to be repaired.; Investigator’s Observation: This item is outside the 2 Year Jurisdiction and is considered Home Owner Maintenance. Governing Rule: N/A
Complaint Item: 39 - Shed: Replace roofing that blew off; Investigator’s Observation: Natural events are not an item of poor work unless the Complainant can show or demonstrate the damage was a result of poor work. No evidence was provided to demonstrate this was a result of poor work. Governing Rule:
Complaint Item: 40 - Front Porch: Pavers need to be resanded; Investigator’s Observation: This item is considered Home Owner Maintenance. Governing Rule: N/A
Complaint Item: 41 - Pavers were promised to be power washed at the end of construction as well.; Investigator’s Observation: This is a statement and not an allegation that implicates poor work that I can inspect and report on. Governing Rule: N/A 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
Complaint Item: 42 - Outside: Siding to be fixed where it bows out Investigator’s Observation: No area was shown or observed. Unable to determine. Governing Rule: N/A
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
Complaint #2023-06561 P 1 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 2 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 3 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 4 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 5 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 6 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 7 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 8 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 9 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS
Master Hallway Complaint #2023-06561 P 10 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 11 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 12 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS
Master Bedroom Complaint #2023-06561 P 13 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 14 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS
Master Bedroom. Standing water under flooring. Complaint #2023-06561 P 15 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 16 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 17 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 18 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 19 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 20 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 21 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 22 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 23 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 24 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 25 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 26 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 27 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 28 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 29 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 30 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 31 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 32 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 33 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 34 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 35 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS
No draw/cabinet pulls. No kick plate Complaint #2023-06561 P 36 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 37 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 38 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 39 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS
Poor window seal Complaint #2023-06561 P 40 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 41 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 42 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 43 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 44 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 45 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 46 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 47 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 48 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 49 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 50 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 51 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 52 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 53 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 54 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 55 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 56 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 57 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 58 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 59 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 60 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 61 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 62 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 63 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 64 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 65 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 66 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 67 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 68 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 69 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 70 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 71 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 72 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 73 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 74 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 75 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 76 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 77 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 78 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 79 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 80 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 81 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 82 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 83 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 84 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 85 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 86 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 87 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 88 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 89 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 90 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 91 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-06561 P 92 JSI date July 10, 2023 at 11:00 AM JSI PHOTOS Complainant: Alane Moore 413 W 4th Ave Eagar, AZ 85925
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: New Generation Building LLC DBA: PO Box 122 Eagar, AZ 85925
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 August 16, 2023
License No. ROC 324115
Re:Complaint No. 2023-08019
WRITTEN DIRECTIVE FROM THE REGISTRAR
Dear Respondent:
After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on September 1, 2023.
RESTRICTIONS You may not perform or hire other contractors to perform work that is outside the scope of your license. If your license is currently suspended for administrative reasons1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.
DIRECTIVE REQUIREMENTS You are directed to remedy the following violations by the appropriate means:
Compliance Item: 1 - Guest Bath: Baseboards need to be installed; Investigator’s Observation: I observed the baseboards damaged from water due to the prior shower leak. Does not meet standards. Respondent should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
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 Compliance Item: 2 - Guest Bath: Kickplate needs to be installed; Investigator’s Observation: No kickplate had been installed. Does not meet standards. Respondent should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 3 - Guest Bath: Drawer pulls need to be installed; Investigator’s Observation: No pulls installed. Does not meet standards. Respondent should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 5 - Guest Bath: Backsplash on vanity needs to be installed; Investigator’s Observation: No backsplash installed. Does not meet standards. Respondent should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 6 - Guest Bath: Wall needs to be repaired; Investigator’s Observation: Damage to wall due to previous repair. Does not meet standards. Respondent should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Compliance Item: 7 - Guest Bath: Toilet appears to be leaking under flooring, needs to be repaired.; Investigator’s Observation: At the time of inspection there was no indication of leaking. Although the baseboard damage was stated to be caused by the toiled. Does not meet standards. Respondent should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 8 - Master Bath: Flooring flooded, needs to be repaired; Investigator’s Observation: Much of the base board is damaged. The extent of the damage should be determined by the Respondent and corrected by appropriate means. Does not meet standards. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 9 - Master Bath: Bathroom door frame to be replaced due to water damage from shower; Investigator’s Observation: Further damage from the leaking shower. The extent of the damage should be determined by the Respondent and corrected by appropriate means. Does not meet standards. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 11 - Master Bath: Drawer pulls to be installed; Investigator’s Observation: No pulls installed. Does not meet standards. Respondent should correct by appropriate means.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 12 - Master Bath: Shower door to be installed; Investigator’s Observation: No door has been installed. Does not meet standards. Respondent should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 13 - Master Bath: Wall repair; Investigator’s Observation: Multiple areas of water damage. The extent of the damage should be determined by the Respondent and corrected by appropriate means. Does not meet standards. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 14 - Master Bath: Kickplate to be installed; Investigator’s Observation: No kickplate was installed. Does not meet standards. Respondent should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 15 - Master Bath: New baseboards to be installed where water damaged from leaking shower; Investigator’s Observation: The extent of the damage should be determined by the Respondent and corrected by appropriate means. Does not
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 meet standards. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 16 - Master Bath: Backsplash to be installed; Investigator’s Observation: No backsplash was installed. Does not meet standards. Respondent should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 17 - Master Bath: Sink repair (cold water smells and no pressure in the left sink); Investigator’s Observation: Sink had very poor water flow. Does not meet standards. Respondent should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 18 - Master Bath: Mirrors hung on shiplap; Investigator’s Observation: Mirrors had not been hung. Does not meet standards. Respondent should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 19 - Living Room: Wall repair (pillar as well); Investigator’s Observation: Damage to wall made by the Respondent during repairs. Does not meet standards. Respondent should correct by
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 21 - Living Room: Airduct/heating Issues...neither heating nor cooling working from the central air; Investigator’s Observation: This item was not demonstrated or shown. However the Respondent stated he would correct. Does not meet standards. Respondent should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 23 - Living Room: Water damage in the hall due to shower leak; Investigator’s Observation: Water damage throughout. The extent of the damage should be determined by the Respondent and corrected by appropriate means. Does not meet standards. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 24 - Living Room: baseboards to be replaced in the hall that were damaged due to water leak; Investigator’s Observation: Water damage throughout. The extent of the damage should be determined by the Respondent and corrected by appropriate means. Does not meet standards. Governing Rule: Violation of any rule adopted by the Registrar;
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 25 - Master Bedroom: Broken window replaced; Investigator’s Observation: The window identified by the Complainant had damage to the frame. Does not meet standards. Respondent should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 26 - Master Bedroom: Window repairs (cracks) ; Investigator’s Observation: Window was observed to be pulling away from the drywall in the cavity. Does not meet standards. Respondent should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 27 - Master Bedroom: Flooring to be repaired due to water damage from shower leak (water pupping up from flooring); Investigator’s Observation: Water damage throughout. The extent of the damage should be determined by the Respondent and corrected by appropriate means. Does not meet standards. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 28 - Front Porch: 3rd light has never worked (attempted repair once previously);
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Investigator’s Observation: Light did not work when light switch activated. Does not meet standards. Respondent should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 29 - Garage: Baseboards replaced due to water leak ; Investigator’s Observation: Water damage throughout. The extent of the damage should be determined by the Respondent and corrected by appropriate means. Does not meet standards. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 30 - Garage: 2nd door opener never given to owner; Investigator’s Observation: Opener did not work at the time of the JSI. Does not meet standards. Respondent should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 31 - Garage: Garage door opener does not work and will not turn on. Stopped working after the last worker was working on the shower; Investigator’s Observation: Opener did not work at the time of the JSI. Does not meet standards. Respondent should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Compliance Item: 34 - Back Porch: Pillars need to be stained (During previous round of repairs, contractor replaced the two back porch pillars that were cracking. They stated they needed to come back to stain the pillars but never did.); Investigator’s Observation: The wood was observed to not have any preventative treatment applied. Does not meet standards. Respondent should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 37 - Kitchen: Wall repair; Investigator’s Observation: I observed deep scratches in the wall from previous repairs. Does not meet standards. Respondent should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:
Compliance Item: 4 - Guest Bath: molding around tub needs to be repaired; Investigator’s Observation: Water damage from leaking toilet. Does not meet standards. Respondent should correct by appropriate means. Governing Rule:
Compliance Item: 10 - Master Bath: Shower to be repaired (partial work completed) no tests actually done to the drainage; Investigator’s Observation: Not able to determine as this issue is an issue that would take time and multiple uses of the shower to determine if
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 there is a continued problem. If an issue results in the future the Complainant may file another complaint regarding this issue. Governing Rule: N/A
Compliance Item: 20 - Living Room: both front and back doors need better seal. Wind and dirt enter unimpeded ; Investigator’s Observation: This item is outside the 2 Year Jurisdiction and is considered Home Owner Maintenance. Governing Rule: N/A
Compliance Item: 22 - Living Room: Damaged windows replaced; Investigator’s Observation: Screen was not all the way in the channel. Corrected at JSI. Governing Rule: N/A
Compliance Item: 32 - Fence: needs to be repaired (was told multiple times the repairs would happen just needed supplies); Investigator’s Observation: This item is outside the 2 Year Jurisdiction and is considered Home Owner Maintenance. Governing Rule: N/A
Compliance Item: 33 - Fence: Needs to be painted or stained (contract was for a fence painted white...after multiple meetings owner agreed to just have the fence stained but that has never happened); Investigator’s Observation: This item is outside the 2 Year Jurisdiction and is considered Home Owner Maintenance. Governing Rule: N/A
Compliance Item: 35 - Back Porch: Pavers need to be resanded to hold tight;
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Investigator’s Observation: This is considered Home Owner maintenance. Governing Rule: N/A
Compliance Item: 36 - Kitchen: Caulk the backsplash; Investigator’s Observation: This item is outside the 2 Year Jurisdiction and is considered Home Owner Maintenance. Governing Rule: N/A
Compliance Item: 38 - Kitchen: Outlet at back door allows air and dirt to blow in. Needs to be repaired.; Investigator’s Observation: This item is outside the 2 Year Jurisdiction and is considered Home Owner Maintenance. Governing Rule: N/A
Compliance Item: 39 - Shed: Replace roofing that blew off; Investigator’s Observation: Natural events are not an item of poor work unless the Complainant can show or demonstrate the damage was a result of poor work. No evidence was provided to demonstrate this was a result of poor work. Governing Rule:
Compliance Item: 40 - Front Porch: Pavers need to be resanded; Investigator’s Observation: This item is considered Home Owner Maintenance. Governing Rule: N/A
Compliance Item: 41 - Pavers were promised to be power washed at the end of construction as well.; Investigator’s Observation: This is a statement and not an allegation
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 that implicates poor work that I can inspect and report on. Governing Rule: N/A
Compliance Item: 42 - Outside: Siding to be fixed where it bows out Investigator’s Observation: No area was shown or observed. Unable to determine. Governing Rule: N/A
Please direct all questions regarding this Directive to the undersigned Investigator.
Sincerely,
Miles Crosby Miles Crosby, Investigator #213 928 6370485 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007
CC: Choose an item. Choose an item. Choose an item. Choose an item.
License mailing address (if different from account/company address of record):
New Generation Building LLC
PO Box 122 Eagar, AZ 85925
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 (DELETE THIS ADDRESS/PAGE IF NOT WARRANTED)
Complainant Attorney:
,
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 (DELETE THIS ADDRESS/PAGE IF NOT WARRANTED)
Respondent Attorney:
,
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: Alane Moore 413 W 4th Ave Eagar, AZ 85925
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: New Generation Building LLC DBA: PO Box 122 Eagar, AZ 85925
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov
C012 05/21 September 6, 2023
Compliance Jobsite Inspection Notice Re: Complaint No. 2023-08019
Dear Complainant and Respondent:
A Compliance Inspection has been scheduled for September 8, 2023 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,
Miles Crosby Miles Crosby, Investigator #213 928 6370485 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007
CC: Choose an item. Choose an item. Choose an item. Choose an item.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov
C012 05/21 (DELETE THIS ADDRESS/PAGE IF NOT WARRANTED)
License mailing address (if different from account/company address of record):
New Generation Building LLC
PO Box 122 Eagar, AZ 85925
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov
C012 05/21 (DELETE THIS ADDRESS/PAGE IF NOT WARRANTED)
Complainant Attorney:
,
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov
C012 05/21 (DELETE THIS ADDRESS/PAGE IF NOT WARRANTED)
Respondent Attorney:
,
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov
C012 05/21 Complainant: Alane Moore 413 W 4th Ave Eagar, AZ 85925
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: New Generation Building LLC DBA: PO Box 122 Eagar, AZ 85925
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.: 2023-08019 Investigator: Miles Crosby Inspection Date: August 9, 2023 Inspection Time: 11:00 AM
Compliance Jobsite General Notes:
JSI photos taken with my Google Pixel 3a work phone JSI audio recorded with my Google Pixel 3a work phone JSI photos and audio have been placed into the Salesforce Case folder.
Non-compliance by Respondent.
Compliance Findings: The Respondent did not attempt to comply with the Written Directive until the due date 9/1/23. I was advised by the Complainant that no attempts were made to cure the mold issue within the residence. Once at the CJSI it was very clear the Respondent was attempting to hide the issue and did not correct by appropriate means. The Mold analysis indicated remediation is required throughout the house due to the air being contaminated as well. As the ROC does not inspection or analyze Mold, the Respondent should have and was advised it would be appropriate to get a 3 rd party to do testing. The Complainant took this upon herself to have the residence tested. No area where water damage was present was open for observation and as the Respondent is not licensed to remediate mold and no documentation was provided to by the Respondent, I can confirm this was not Corrected by Appropriate Means.
Compliance Item: 1 - Guest Bath: Baseboards need to be installed; Investigator’s Observation @CJSI: No Compliance
Compliance Item: 2 - Guest Bath: Kickplate needs to be installed; Investigator’s Observation @ CJSI: No Compliance
Compliance Item: 3 - Guest Bath: Drawer pulls need to be installed; Investigator’s Observation @ CJSI: No Compliance
Compliance Item: 5 - Guest Bath: Backsplash on vanity needs to be installed; Investigator’s Observation @ CJSI: No Compliance
Compliance Item: 6 - Guest Bath: Wall needs to be repaired; Investigator’s Observation @ CJSI: No Compliance
Compliance Item: 7 - Guest Bath: Toilet appears to be leaking under flooring, needs to be repaired.; Investigator’s Observation @ CJSI: No Compliance 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Compliance Item: 8 - Master Bath: Flooring flooded, needs to be repaired; Investigator’s Observation @ CJSI: No Compliance
Compliance Item: 9 - Master Bath: Bathroom door frame to be replaced due to water damage from shower; Investigator’s Observation @ CJSI: No Compliance
Compliance Item: 11 - Master Bath: Drawer pulls to be installed; Investigator’s Observation @ CJSI: No Compliance
Compliance Item: 12 - Master Bath: Shower door to be installed; Investigator’s Observation @ CJSI: No Compliance
Compliance Item: 13 - Master Bath: Wall repair; Investigator’s Observation @ CJSI: No Compliance
Compliance Item: 14 - Master Bath: Kickplate to be installed; Investigator’s Observation@ CJSI: No Compliance
Compliance Item: 15 - Master Bath: New baseboards to be installed where water damaged from leaking shower; Investigator’s Observation@ CJSI: No Compliance
Compliance Item: 16 - Master Bath: Backsplash to be installed; Investigator’s Observation@ CJSI: No Compliance
Compliance Item: 17 - Master Bath: Sink repair (cold water smells and no pressure in the left sink); Investigator’s Observation@ CJSI: No Compliance
Compliance Item: 18 - Master Bath: Mirrors hung on shiplap; Investigator’s Observation@ CJSI: No Compliance
Compliance Item: 19 - Living Room: Wall repair (pillar as well); Investigator’s Observation@ CJSI: No Compliance
Compliance Item: 21 - Living Room: Airduct/heating Issues...neither heating nor cooling working from the central air; Investigator’s Observation@ CJSI: No Compliance
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Compliance Item: 23 - Living Room: Water damage in the hall due to shower leak; Investigator’s Observation@ CJSI: No Compliance
Compliance Item: 24 - Living Room: baseboards to be replaced in the hall that were damaged due to water leak; Investigator’s Observation@ CJSI: No Compliance
Compliance Item: 25 - Master Bedroom: Broken window replaced; Investigator’s Observation@ CJSI: No Compliance
Compliance Item: 26 - Master Bedroom: Window repairs (cracks) ; Investigator’s Observation@ CJSI: No Compliance
Compliance Item: 27 - Master Bedroom: Flooring to be repaired due to water damage from shower leak (water pupping up from flooring); Investigator’s Observation@ CJSI: No Compliance
Compliance Item: 28 - Front Porch: 3rd light has never worked (attempted repair once previously); Investigator’s Observation@ CJSI: No Compliance.
Compliance Item: 29 - Garage: Baseboards replaced due to water leak ; Investigator’s Observation@ CJSI: No Compliance
Compliance Item: 30 - Garage: 2nd door opener never given to owner; Investigator’s Observation@ CJSI: No Compliance
Compliance Item: 31 - Garage: Garage door opener does not work and will not turn on. Stopped working after the last worker was working on the shower; Investigator’s Observation@ CJSI: No Compliance
Compliance Item: 34 - Back Porch: Pillars need to be stained (During previous round of repairs, contractor replaced the two back porch pillars that were cracking. They stated they needed to come back to stain the pillars but never did.); Investigator’s Observation@ CJSI: No Compliance
Note:
All other items were either completed prior to the CJSI or did not require correction. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 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,
Miles Crosby Miles Crosby, Investigator #213 928 6370485 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007
CC: Choose an item. Choose an item. Choose an item. Choose an item.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 (DELETE THIS ADDRESS/PAGE IF NOT WARRANTED)
Complainant Attorney:
,
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 (DELETE THIS ADDRESS/PAGE IF NOT WARRANTED)
Respondent Attorney:
,
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Complaint #2023-08019 P 1 JSI date September 8, 2023 at 10:00 AM CJSI PHOTOS Complaint #2023-08019 P 2 JSI date September 8, 2023 at 10:00 AM CJSI PHOTOS Complaint #2023-08019 P 3 JSI date September 8, 2023 at 10:00 AM CJSI PHOTOS Complaint #2023-08019 P 4 JSI date September 8, 2023 at 10:00 AM CJSI PHOTOS Complaint #2023-08019 P 5 JSI date September 8, 2023 at 10:00 AM CJSI PHOTOS Complaint #2023-08019 P 6 JSI date September 8, 2023 at 10:00 AM CJSI PHOTOS Complaint #2023-08019 P 7 JSI date September 8, 2023 at 10:00 AM CJSI PHOTOS Complaint #2023-08019 P 8 JSI date September 8, 2023 at 10:00 AM CJSI PHOTOS Complaint #2023-08019 P 9 JSI date September 8, 2023 at 10:00 AM CJSI PHOTOS Complaint #2023-08019 P 10 JSI date September 8, 2023 at 10:00 AM CJSI PHOTOS Complaint #2023-08019 P 11 JSI date September 8, 2023 at 10:00 AM CJSI PHOTOS Complaint #2023-08019 P 12 JSI date September 8, 2023 at 10:00 AM CJSI PHOTOS Complaint #2023-08019 P 13 JSI date September 8, 2023 at 10:00 AM CJSI PHOTOS Complaint #2023-08019 P 14 JSI date September 8, 2023 at 10:00 AM CJSI PHOTOS Complaint #2023-08019 P 15 JSI date September 8, 2023 at 10:00 AM CJSI PHOTOS Complaint #2023-08019 P 16 JSI date September 8, 2023 at 10:00 AM CJSI PHOTOS Complaint #2023-08019 P 17 JSI date September 8, 2023 at 10:00 AM CJSI PHOTOS Complaint #2023-08019 P 18 JSI date September 8, 2023 at 10:00 AM CJSI PHOTOS Complaint #2023-08019 P 19 JSI date September 8, 2023 at 10:00 AM CJSI PHOTOS Complaint #2023-08019 P 20 JSI date September 8, 2023 at 10:00 AM CJSI PHOTOS Complaint #2023-08019 P 21 JSI date September 8, 2023 at 10:00 AM CJSI PHOTOS Complaint #2023-08019 P 22 JSI date September 8, 2023 at 10:00 AM CJSI PHOTOS Complaint #2023-08019 P 23 JSI date September 8, 2023 at 10:00 AM CJSI PHOTOS Complaint #2023-08019 P 24 JSI date September 8, 2023 at 10:00 AM CJSI PHOTOS Complaint #2023-08019 P 25 JSI date September 8, 2023 at 10:00 AM CJSI PHOTOS Complaint #2023-08019 P 26 JSI date September 8, 2023 at 10:00 AM CJSI PHOTOS Complaint #2023-08019 P 27 JSI date September 8, 2023 at 10:00 AM CJSI PHOTOS Complaint #2023-08019 P 28 JSI date September 8, 2023 at 10:00 AM CJSI PHOTOS Complaint #2023-08019 P 29 JSI date September 8, 2023 at 10:00 AM CJSI PHOTOS Complaint #2023-08019 P 30 JSI date September 8, 2023 at 10:00 AM CJSI PHOTOS Complaint #2023-08019 P 31 JSI date September 8, 2023 at 10:00 AM CJSI PHOTOS Complaint #2023-08019 P 32 JSI date September 8, 2023 at 10:00 AM CJSI PHOTOS Complaint #2023-08019 P 33 JSI date September 8, 2023 at 10:00 AM CJSI PHOTOS Complaint #2023-08019 P 34 JSI date September 8, 2023 at 10:00 AM CJSI PHOTOS REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Alane Moore, Case No. 2023-08019 COMPLAINANT, v. New Generation Building LLC, CITATION License No. ROC 324115, RESPONDENT.
The Registrar issues this Citation to New Generation Building LLC, (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by October 19, 2023, then under A.R.S. § 32-1155(C), Respondent’s failure to answer may be deemed an admission of the act or acts charged in the underlying complaint, and the Registrar may then suspend or revoke Respondent’s license(s). THE WRITTEN COMPLAINT On July 16, 2023, Alane Moore, (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating: Charge :1 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. of 5
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Charge :2 A.R.S. § 32-1154(A)(22) Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a reasonable period of time after receiving a written directive from the Registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held. If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F). FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2023-08019. 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 October 19, 2023. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings.
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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 of 5
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated October 4, 2023. By: /s/ Gail Mathews Gail Mathews Legal Assistant II Legal Department Arizona Registrar of Contractors
COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, October 4, 2023 to: Respondent Certified Mail No: [number redacted] New Generation Building LLC PO Box 122 Eagar, AZ 85925
Copy mailed by USPS First Class mail this same date to: Respondent New Generation Building LLC PO Box 122 Eagar, AZ 85925 Complainant Alane Moore 413 W 4th Ave Eagar, AZ 85925 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. 2023-08019 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)
Alane Moore Mailing Address (Enter jobsite in Contract/Project section) City State Zip
413 W 4th Ave Eagar Arizona 85925 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)
New Generation Building LLC ROC 324115 Street Address City State Zip
Phone Number Email
[number redacted] [email redacted] Name of Person(s) Representing License
Juan Prieto Contract/Project Information Contract Date Contract Amount Amount Paid
May 28, 2020 $251,000.00 $251,000.00 Date Work Started Date Work Stopped Date Work Was Completed
January 9, 2020 July 25, 2022 Close of Escrow (New Home) Move-In Date (New-Home)
November 5, 2019 June 20, 2020 Jobsite Street Address City State Zip
413 W. 4th Avenue Eagar AZ 85925 Name of Construction Site Owner Construction Site Name (if applicable)
Phone Number of Construction Site Owner Email of Construction Site Owner
This complaint is for Abandonment;Poor Work I have contacted the contractor by Phone/Text Have you filed a complaint in court? No Has any work been corrected? Yes
RCC099 12/05/18 Page 1 of 3 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees
By the contractor and people sent to the home by the contractor. The contract was Written All change orders were Both This project was Residential This project involved New Home
A building permit was obtained by Contractor unknown Eagar in Apache County Arizona 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)
Guest Bath: Baseboards need to be installed; Guest Bath: Kickplate needs to be installed; Guest Bath: Drawer pulls need to be installed; Guest Bath: molding around tub needs to be repaired; Guest Bath: Backsplash on vanity needs to be installed; Guest Bath: Wall needs to be repaired; Guest Bath: Toilet appears to be leaking under flooring, needs to be repaired.; Master Bath: Flooring flooded, needs to be repaired; Master Bath: Bathroom door frame to be replaced due to water damage from shower; Master Bath: Shower to be repaired (partial work completed) no tests actually done to the drainage; Master Bath:Drawer pulls to be installed; Master Bath: Shower door to be installed; Master Bath: Wall repair; Master Bath: Kickplate to be installed; Master Bath: New baseboards to be installed where water damaged from leaking shower; Master Bath: Backsplash to be installed; Master Bath: Sink repair (cold water smells and no pressure in the left sink); Master Bath: Mirrors hung on shiplap; Living Room: Wall repair (pillar as well); Living Room: both front and back doors need better seal. Wind and dirt enter unimpeded ; Living Room: Airduct/heating Issues...neither heating nor cooling working from the central air; Living Room: Damaged windows replaced; Living Room: Water damage in the hall due to shower leak; Living Room: baseboards to be replaced in the hall that were damaged due to water leak; Master Bedroom: Broken window replaced; Master Bedroom: Window repairs (cracks) ; Master Bedroom: Flooring to be repaired due to water damage from shower leak (water pupping up from flooring); Front Porch: 3rd light has never worked (attempted repair once previously); Garage: Baseboards replaced due to water leak ; Garage: 2nd door opener never given to owner; Garage: Garage door opener does not work and will not turn on. Stopped working after the last worker was working on the shower; Fence: needs to be repaired (was told multiple times the repairs would happen just needed supplies); Fence: Needs to be painted or stained (contract was for a fence painted white...after multiple meetings owner agreed to just have the fence stained but that has never happened); Back Porch: Pillars need to be stained (During previous round of repairs, contractor replaced the two back porch pillars that were cracking. They stated they needed to come back to stain the pillars but never did.); Back Porch: Pavers need to be resanded to hold tight; Kitchen: Caulk the backsplash; Kitchen: Wall repair; Kitchen: Outlet at back door allows air and dirt to blow in. Needs to be repaired.; Shed: Replace roofing that blew off; Front Porch: Pavers need to be resanded; Pavers were promised to be power washed at the end of construction as well.; Outside: Siding to be fixed where it bows out
Signature
RCC099 12/05/18 Page 2 of 3 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees
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
Alane Moore \complainant1\ \complainantd1\
RCC099 12/05/18 Page 3 of 3 State of Arizona Rev. 133EDCB
CONSTRUCTION CONTRACT AGREEMENT This Construction Contract Agreement (this “Agreement”) is made as of the 05 day of November, 2019 by and between __________, an individual located at __________, __________, __________ __________ (“Owner”) and New Generation Building, a Arizona limited liability company located at 1162 s burk st, eagar, AZ 85925 with contractor's license number 324115 ("Contractor"). Owner and Contractor may each be referred to in this Agreement individually as a “Party” and collectively as the “Parties.”
The Parties agree as follows:
1. Description of Work. Contractor shall perform the following described work at lot 57 river run estates, eagar, AZ 85925 (the "Property"), in accordance with Owner’s contract plans and specifications, this Agreement and any Change Order, as defined herein, (collectively, the "Contract Documents"): a new house is to be built at lot 57 @ river run estates, a 1735 sq ft home on a .6 acre lot (the "Work").
2. Contract Price and Payments. Owner agrees to pay Contractor the total amount of $251,000.00 (the “Contract Price”). Payment of this amount is subject to additions or deductions in accordance with any mutually agreed to changes and/or modifications in the Work. Payment will be made by check by title company, according to the following schedule:
● $251,000.00 balance due upon completion of the Work.
3. Certificate of Completion. Work under this Agreement shall begin on December 02, 2019. Upon completion of the Work, Contractor shall notify Owner that the Work is ready for final inspection and acceptance and Owner shall make the final payment within forty five (45) days after final inspection.
4. Materials and Labor. Contractor shall provide and pay for all labor and equipment, including tools, construction equipment, machinery, transportation and all other facilities and services, and all materials as described in Exhibit A necessary for the completion of the Work. All materials shall be good quality and new, unless the Contract Documents require or permit otherwise. Contractor may substitute materials only with the prior written approval of Owner. In addition, the Contract Price shall include the fixtures as described in Exhibit B
5. Licenses and Permits. Contractor shall obtain all licenses and permits necessary for proper completion of the Work. Contractor is responsible for the cost of any necessary permits or licenses.
6. Laws and Regulations. Contractor shall perform the Work in a workmanlike manner and in compliance with all applicable federal, state, and local laws, regulations and ordinances, and any safety requirements of Owner (the “Applicable Laws”). Contractor shall promptly notify Owner upon discovery of any variance between the Applicable Laws and the Construction Documents.
7. Supervision of Construction. Contractor shall be solely responsible for and shall supervise and direct all construction under this Agreement. Contractor shall provide competent and suitable personnel to Construction Contract Agreement (Rev. 1/9 133EDCB) perform the Work and shall at all times maintain good discipline and order at the Property. Contractor will at all times take all reasonable precautions for the safety of its employees and the public at the Property. Contractor agrees to assume full responsibility for the acts, negligence, and/or omissions of its employees and any subcontractors and their employees.
8. Record Documents. Contractor shall maintain in a safe place at the Property one record copy of all drawings, specifications, addenda, written amendments, and the like in good order and annotated to show all changes made during construction, which will be delivered to Owner upon completion of the Work.
9. Utilities. Owner shall pay for all permanent electric, water, phone, cable, sewer and gas service as needed to perform the Work. Contractor shall pay for the installation, connection and removal of all temporary utilities on the Property during the performance of the Work. All temporary utilities shall conform and adhere to the Applicable Laws.
10. Hazardous Materials. Except as otherwise provided in the Contract Documents, Contractor shall be responsible for all Hazardous Materials brought to the Property by Contractor. Hazardous Materials shall include radioactive materials, asbestos, polychlorinated biphenyls, petroleum products, crude oil, flammable materials, chemicals or solvents known to cause cancer or reproductive toxicity, pollutants, contaminants and toxic substances which are restricted, prohibited or regulated by any agency of government in its manufacture, use, maintenance, storage, ownership or handling. If Contractor discovers any Hazardous Materials on the Property, Contractor shall immediately notify Owner and may cease working until the material or substance has been rendered harmless. Owner shall defend, indemnify and hold harmless Contractor, any subcontractors, and their respective agents and employees from and against all claims, damages, losses and expenses, including attorney’s fees, arising out of or resulting from contact with the Hazardous Substance in performance of the Work resulting in bodily injury, illness or death, or injury or property damage, provided such claim, damage, loss or expense is not the result of any negligent act or omission by the party seeking such indemnity.
11. Warranty. Contractor warrants that the Work shall be in accordance with the Contract Documents and free from material structural defects. Contractor shall redo or repair any Work not in accordance with the Contract Documents or any defects caused by faulty materials, equipment or workmanship for a period of one (1) year(s) from the date of completion of the Work.
12. Condition of the Property. Contractor agrees to keep the Property and adjoining driveways free and clear of waste material and rubbish. Contractor shall confine the storage of materials and equipment and the operations of employees to the Property, and shall not unreasonably encumber the Property with materials or equipment. Contractor shall be fully responsible for any damage to the Property or areas contiguous thereto resulting from the performance of the Work. At the completion of the Work, Contractor shall remove all waste materials, rubbish and debris from and about the Property as well as all tools, appliances, construction equipment and machinery, and surplus materials, and shall leave the Property clean and ready for occupancy by Owner.
13. Inspection. Owner shall have a right to inspect the Work at any time and request that Contractor promptly correct any Work that is defective or does not conform to the Contract Documents. If required, Construction Contract Agreement (Rev. 2/9 133EDCB) the Work shall be inspected and certified by the appropriate state or local agency or health officer at each necessary stage.
14. Right to Stop Work. If Contractor fails to correct any defective Work or repeatedly fails to perform the Work in accordance with the Contract Documents, Owner shall have the right to order Contractor to stop performing the Work, or any portion thereof, until the cause for such order is eliminated.
15. Subcontracts. Contractor shall furnish to Owner a list of names of subcontractors proposed to perform principal portions of the Work. Contractor shall not employ any subcontractor to whom Owner reasonably objects. A subcontractor, for the purposes of this Agreement, shall be a person with whom Contractor has a direct contract for work at the Property. All contracts between Contractor and subcontractor shall be in accordance with the terms of this Agreement and the Contract Documents.
16. Work Changes. Owner reserves the right to order changes to the Work in the nature of additions, deletions or modifications, without invalidating this Agreement, and agrees to make corresponding adjustments in the Contract Price and time of termination if applicable. All changes will be authorized in a written “Change Order” signed by Owner and Contractor, which shall be incorporated by reference herein.
17. Other Contractors. Owner reserves the right to enter into other contracts in connection with the Work. Contractor shall cooperate with all other contractors so that their work shall not be impeded, and shall give them access to the Property as necessary to perform their contracts.
18. Indemnification. Contractor agrees to defend, indemnify and hold harmless Owner and its agents and employees, from and against all claims, actions, liabilities, suits, demands, injuries, obligations, damages, losses, settlements, judgments, fines, penalties, costs and expenses, including reasonable attorneys' fees, arising out of any negligent act or omission by Contractor, a subcontractor or anyone directly or indirectly employed by them in the performance of the Work resulting in bodily injury, illness or death, or for property damage, including loss of use, unless caused by the sole negligence or willful misconduct of Owner.
19. Contractor’s Insurance. Contractor agrees to maintain at its own expense during the entire period of construction at the Property:
A. General Liability Insurance. Such general liability insurance as will protect Contractor from claims for property damage and bodily injury, with limits of liability not less than __________ for each occurrence.
Contractor shall name Owner as an additional insured. Proof of such insurance shall be filed by Contractor with Owner within a reasonable time after execution of this Agreement.
20. Waiver of Subrogation. Owner and Contractor each waive any and all claims or rights to recovery against the other Party for any loss or damage to the extent such loss or damage is covered by insurance or would be covered by any insurance required under this Agreement. Owner and Contractor shall cause
Construction Contract Agreement (Rev. 3/9 133EDCB) each insurance policy carried by Owner or Contractor relating to the Property to include or allow a full waiver of any subrogation claims.
21. Time of Essence. All times stated in this Agreement or in the Contract Documents are of the essence. Contractor agrees that such times are reasonable for performing and completing the Work.
22. Liquidated Damages. In the event the Work is not completed by the date set forth in Section 3 of this Agreement, plus any extensions thereof as allowed in this Agreement, Owner shall suffer damages uncertain in amount and difficult to measure and prove accurately. Owner and Contractor agree that in lieu of actual damages, and not as a penalty, for delay in the performance of the Work, Contractor shall pay Owner the sum of __________ for each calendar day completion of the Work is delayed. Contractor agrees that the liquidated damages specified herein are reasonable in amount and are not disproportionate to actual anticipated damages. Owner shall have the right to deduct any liquidated damages from any amount due or that may become due to Contractor. Liquidated damages shall be the sole and exclusive remedy for Owner for delay in completion of the work past the agreed upon date.
23. Extension of Time. The times stated in this Agreement may be extended for such reasonable time as Contractor may determine when performance of the Work by Contractor is delayed by a Change Order, labor disputes, fire, unusual delay in deliveries, abnormal adverse weather conditions, unavoidable casualties, or other causes beyond Contractor’s control or which justify the delay.
24. Early Termination for Breach of Contract.
A. Contractor's Termination. Contractor may, on __________ days’ written notice to Owner, terminate this Agreement before the completion of the Work when for a period of __________ days after a progress payment is due, through no fault of Contractor, Owner fails to make the payment. On such termination Contractor may recover from Owner payment for all Work completed and for any loss sustained by Contractor for materials, equipment, tools or machinery to the extent of actual loss thereon, plus loss of a reasonable profit.
B. Owner's Termination. Owner may, on __________ days’ notice to Contractor, terminate this Agreement before the completion of the Work, and without prejudice to any other remedy Owner may have when Contractor defaults in the performance of any provision of this Agreement, or fails to carry out performance of the Work in accordance with the provisions of the Contract Documents. If the unpaid balance on the Contract Price at the time of the termination exceeds the expense of finishing the Work, Owner shall pay such excess to Contractor.
25. Disputes. Any dispute arising from this Agreement shall be resolved through mediation. If the dispute cannot be resolved through mediation, then the dispute will be resolved through binding arbitration conducted in accordance with the rules of the American Arbitration Association.
26. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which together, shall constitute one and the same document.
Construction Contract Agreement (Rev. 4/9 133EDCB) 27. Headings. The section headings herein are for reference purposes only and shall not otherwise affect the meaning, construction or interpretation of any provision of this Agreement.
28. Notices. Any notice or communication given or made to any Party under this Agreement shall be in writing and delivered by hand, sent by overnight courier service or sent by certified or registered mail, return receipt requested, to the address stated above or to another address as that Party may subsequently designate by notice and shall be deemed given on the date of delivery.
29. Assignment. No Party hereto shall have the right to assign its rights or delegate its duties hereunder without the written consent of the other Party, which consent shall not be unreasonably withheld.
30. Binding Effect. This Agreement shall be binding and enure to the benefit of the Parties and their respective legal representatives, heirs, administrators, executors, successors and permitted assigns.
31. Governing Law. This Agreement and the rights and obligations of the Parties hereto shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflicts of laws provisions.
32. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable in whole or in part, the remaining provisions shall not be affected and shall continue to be valid, legal and enforceable as though the invalid, illegal or unenforceable part had not been included in this Agreement.
33. Entire Agreement. This Agreement contains the entire agreement between the Parties hereto with respect to the subject matter hereof, and supersedes all prior negotiations, understandings and agreements.
34. Amendments. This Agreement may not be amended or modified except by a written agreement signed by the all of the Parties.
35. Waiver. No Party shall be deemed to have waived any provision of this Agreement or the exercise of any rights held under this Agreement unless such waiver is made expressly and in writing. Waiver by any Party of a breach or violation of any provision of this Agreement shall not constitute a waiver of any other subsequent breach or violation.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
__________ Owner Signature Owner Full Name
New Generation Jose A Figueroa Building Owner
Construction Contract Agreement (Rev. 5/9 133EDCB) Contractor Full Name Contractor Contractor Representative Name and Representative Signature Title
Construction Contract Agreement (Rev. 6/9 133EDCB) Exhibit A
Construction Contract Agreement (Rev. 7/9 133EDCB) Exhibit B
Construction Contract Agreement (Rev. 8/9 133EDCB) Certificate of Completion Contractor Name: New Generation Building
Property Address: lot 57 river run estates, eagar, AZ 85925
Contract Date: November 05, 2019
Completion Date:
Construction Contract Agreement (Rev. 9/9 133EDCB) This page intentionally left blank. GENERAL INSTRUCTIONS Cost/Cost-Plus: In a cost-plus contract, the owner reimburses the contractor for all costs incurred during the construction such as WHAT IS A CONSTRUCTION materials and labor. The owner also pays an CONTRACT AGREEMENT? agreed upon profit margin, usually a flat fee or percentage of total costs. A Construction Contract Agreement is a written document between a property owner and a Unit Price: A unit price arrangement involves general contractor, specifying the construction, the parties placing a price on every unit, or renovations, alterations, or other work to be relevant piece of work, such as, by item, by done on the property owner’s home or land. This cubic yard, by linear foot, or per hour. document outlines which parties will be engaged, the price to be paid, the rights of each party, and the date construction will commence WHAT SHOULD BE INCLUDED? A simple document will identify the following and be completed. basic elements:
WHEN IS IT NEEDED? Owner General contractor You should use a Construction Contract Agreement if you are on either end of the License number process of building, renovating or altering a Worksite building or structure. Perhaps you’ve finally Description of work decided to build your dream home and start Contract price and payments living happily ever after. Happily ever after might have to wait because of unreasonable contractor Contract documents delays or unexpected, excessively high costs. Or Materials and labor maybe you are a local contractor looking to grow Starting and completion dates your business and take on bigger construction Licensing and permits projects. Either way, you’ll want to make sure you have an agreement in writing to act as the Subcontracts blueprint until construction is completed to iron Work changes out the wrinkles. Warranties
This agreement allows the parties to put into OTHER NAMES writing the exact nature and details of the work A Construction Contract Agreement may also be to be performed, and the responsibilities of each called: party throughout the course of construction. In addition, it also details the payment terms of the project. In general, there are three different Construction Agreement types of pricing arrangements: Construction Contract Lump Sum: Also known as the traditional “fixed Construction Management Agreement price” contract, it is the most common pricing arrangement for construction contracts. In a Service Agreement for Construction lump sum contract, the parties agree on a fixed Construction Services Contract price, based on the contractor’s appraisal of costs of a complete and final design. Lump sum Contract for Construction contracts take into consideration all materials, Construction Contractor Agreement subcontracts, labor, indirect costs, profit, and more. Contractor Agreement
Construction Contract Agreement (Rev. 133EDCB) Received 10/18/2023 ROC Legal
Eduardo H. Coronado, SBN #022397 CORONADO LAW FIRM, PLLC 4700 W. White Mountain Blvd. Lakeside, Arizona 85929 (928) 532-4529 Telephone (928) 532-0753 Fax [email redacted] Attorney for Respondent
REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
ALANE MOORE, Case No. 2023-08019
COMPLAINANT, v. RESPONDENT’S ANSWER TO COMPLAINTANT’S CITATION AND NEW GENERATION BUILDING LLC, COMPLAINT LICENSE NO. ROC 324115, RESPONDENT.
COMES NOW, Respondent, New Generation Building LLC, by and through counsel undersigned and hereby answers Complainant’s Citation and Complaint as follows:
Answers to Citation are as follows:
CHARGE 1 – A.R.S. § 32-1154(A)(3)-R4-9-108(a) 1. Respondent denies the allegations contained in Charge # 1 of the Citation. CHARGE 2- A.R.S § 32-1154(A)(22) 2. Respondent denies the allegations contained in Charge # 2 of the Citation.
Received 10/18/2023 ROC Legal
Answers to Complaint are as follows:
Person Filing Complaint:
3. Respondent admits to the statements 1-7 in Section 1 on page 1 of Complainant’s Licensed Complaint Form. 4. Respondent cannot admit or deny statements 8-11 in Section 1 on page 1 of
Complainant’s Licensed Complaint Form as these areas of the form are blank.
Contractor Information 5. Respondent admits to the statements 12-13 in Section 2 on page 1 of Complainant’s Licensed Complaint Form. 6. Respondent cannot admit or deny statement 14 in Section 2 on page 1 of Complainant’s Licensed Complaint Form as this area of the form is blank. 7. Respondent admits to the statements 15-17 in Section 2 on page 1 of Complainant’s Licensed Complaint Form. Contract/Projection Information 1. Respondent admits to the statements 18-26 in Section 3 on page 1 of Complainant’s Licensed Complaint Form. 2. Respondent cannot admit or deny statements 27-30 in Section 3 on page 1 of
Complainant’s Licensed Complaint Form as these areas of the form are blank. 3. Respondent denies statement 31 in Section 3 on page 1 of Complainant’s Licensed Complaint Form. 4. Respondent is without sufficient knowledge or information to answer allegations contained in statement 32 in Section 3 on page 1 of Complainant’s Licensed Complaint Form and therefore Respondent denies the allegation. 5. Respondent admits to the statements 33-34 in Section 3 on page 1 of Complainant’s Licensed Complaint Form. 6. Respondent admits to the statements 35-38 in Section 3 on page 2 of Complainant’s Licensed Complaint Form. 7. Respondent is without sufficient knowledge or information to answer
allegations contained in statement 39 in Section 3 on page 2 of Complainant’s Licensed Complaint Form and therefore Respondent denies the allegation.
Received 10/18/2023 ROC Legal
8. Respondent denies statement 40 in Section 3 on page 2 of Complainant’s Licensed Complaint Form, regarding Guest Bath, Master Bath, Living Room, Master Bedroom, Front Porch, Garage, Fence, Back Porch, Kitchen, Shed, Front Porch, and Outside.
Jobsite Inspection Notes Inspection Date: August 9, 2023 1. Respondent denies the statements for Complaint Items 1 through 42. Written Directive From the Registrar Dated August 16, 2023 2. Respondent denies the statements for Compliance Items 1 through 3, 5 through 9, 11 through 19, 21, 23 through 31, 34, and 37.
RESPONDENTS RESERVE RIGHT TO AMEND ANSWER AND FILE COUNTERCLAIMS WHEREFORE, having fully defended, Respondents pray that Complainant’s complaint be dismissed, that Complainant takes nothing thereby and that Respondents be awarded the costs and expenses incurred herein, including reasonable attorneys’ fees, and for such other and further relief as the Registrar of Contractors may deem just in the premises.
RESPECTFULLY SUBMITTED this 17th day of October, 2023.
CORONADO LAW FIRM.P.L.L.C.
/s/ Eduardo H. Coronado Eduardo H Coronado, Esq. Attorney for Respondent
Received 10/18/2023 ROC Legal
ORIGINAL of the foregoing mailed/e-mailed this 17th day of October, 2023 to:
Registrar of Contractors PO Box 18244 Phoenix, AZ 85005-8244 [email redacted]
Received 10/19/23, 8:21 AM State of Arizona Mail - Alane Moore v. New Generations Building, LLC Case No.: 2023-08019 Respondent's10/18/2023 Answer to Complain… ROC Legal
Answers - AZROC <[email redacted]>
Alane Moore v. New Generations Building, LLC Case No.: 2023-08019 Respondent's Answer to Complainant's Citation and Complaint message
Trisha Stephenson <[email redacted]> Wed, Oct 18, 2023 at 2:15 PM To: [email redacted], eduardocoronado <[email redacted]>, Casandra Pederson <[email redacted]>
Hello,
Please see the attached Notice of Appearance and the Answer to the Complainant's Citation and Complaint, on behalf of our client, New Generations Building, LLC License No. ROC 324115.
Please let us know if you have any questions.
Sincerely,
-- Trisha Stephenson Legal Assistant Coronado Law Firm, P.L.L.C. 4700 W White Mountain Blvd. Lakeside, AZ 85929 p: (928)-532-4529 f: 928-532-0753 NOTICE: This e-mail (and any attachments) may contain PRIVILEGED OR CONFIDENTIAL information and is intended only for the use of the specific individual(s) to whom it is addressed. It may contain information that is privileged and confidential under state and federal law. This information may be used or disclosed only in accordance to law, and you may be subject to penalties under law for improper use or further disclosure of the information in this e-mail and its attachments. If you have received this e-mail in error, please immediately notify the person named above by reply e-mail, and then delete the original e-mail. Thank you.
attachments Answer to Citation and Complaint 10-17-23 .pdf 207K Notice of Appearance 10-17-23.pdf 126K
https://mail.google.com/mail/b/AEoRXRRp-1PSJ0C0l_ywZ_kv37GBD53Eypx7UIFWC_ME5ZjsCnRf/u/0/?ik=581c53cf5c&view=pt&search=all&permth… 1/1 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