2023A-08208-NPC-ROC Notice of Hearing and Packet MAILED

2023A-08208-NPC-ROC · Registrar of Contractors · 2023-10-05

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA Desert Sky Pavers LLC, Case No. 2023-08208 COMPLAINANT, Docket No. 2023A-08208-NPC-ROC v. NOTICE OF HEARING ON CONTESTED CASE Angelina Construction LLC License No. ROC 322868, RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

November 27, 2023 9:00 AM Brian Del Vecchio Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

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

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

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

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

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

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

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

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

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

complaint and citation, which were served on the Respondent on August 28, 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)(10)

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.

RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney. A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented by an officer or employee if that person satisfies the conditions set forth in A.R.S. § 32-

1156(B).

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

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

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

to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and

processes governing the administrative hearing. Copies of the statutes, rules, and articles regarding the administrative hearing process can be found at https://www.azoah.com/.

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE The Registrar’s investigators, employees, and attorneys will appear at the hearing via video conference or telephone unless requested by a party to appear in-person. Requests for the Registrar’s investigators, employees, or attorneys to appear in-person must be filed with the Registrar and the Office of Administrative Hearings no later than seven (7) calendar days prior to the hearing date.

HEARING PACKET In the interests of administrative efficiency, the Registrar compiles and discloses

certain documents to the parties and the Office of Administrative Hearings. These documents

are attached to this Notice of Hearing as the “Hearing Packet.” If any party wishes to submit

additional evidence, they must do so during the hearing after completing a disclosure statement. See “Disclosure Statement” section below. SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS The parties to the hearing must be prepared to present evidence in support of their

case. If a party wants to obtain testimony from a witness or documents not in the party’s

possession, the party must prepare and file a written subpoena for the Administrative Law

Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a

subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com. The party seeking a subpoena must serve notice on all the parties to the hearing, and on the Registrar. A.R.S. § 41-1092.04.

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

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

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

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

CHANGING THE HEARING DATE

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

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

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

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

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

RESOLUTION SHORT OF ADJUDICATION

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

Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of the resolution or settlement. Any such cases will be listed on the Registrar’s website and its records under the category: “Closed Complaints – Resolved/Settled/Withdrawn.” Dated October 6, 2023.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail October 6, 2023 to:

Respondent(s) Angelina Construction LLC 21001 N Tatum Blvd 1630-434 Phoenix, AZ 85050 Complainant(s) Desert Sky Pavers LLC 10739 W Bermuda Dr Avondale, AZ 85392

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. 2023-08208 /

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

Hearing Packet FAQ What is the Hearing Packet?

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

Who gets the Hearing Packet?

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

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

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

What is in the Hearing Packet?

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

● Original complaint;

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

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

● Citation; and ● Answer.

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

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

What if there are documents missing from the Hearing Packet?

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

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

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

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

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

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

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

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

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

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

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

July 24, 2023

Via U.S. Mail and Email

Complainant Desert Sky Pavers LLC 10739 W Bermuda Dr Avondale, AZ 85392

Via U.S. Mail and Email

Respondent Angelina Construction LLC 21001 N Tatum Blvd 1630-434 Phoenix, AZ 85050

Re: Complaint No. 2023-08208

Dear Complainant and Respondent:

The Registrar received a complaint filed against Angelina Construction LLC for non-payment of materials or services rendered. This complaint is complete and will be substantively reviewed by the Registrar.

Respondent is free to raise any issue or affirmative defense to this complaint by filing a response with the Registrar by July 31, 2023. Please reference the complaint number listed above if you file a response. Respondent may file a response by:

Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Fax: (602) 364-0416 Email: [email redacted]

The Registrar will not issue a citation before July 31, 2023 and will review Respondent’s response, if one is submitted.

Please be advised that a response to the complaint is not the same as a written answer. If the Registrar issues a citation Respondent must file a written answer to that citation in accordance with A.R.S. § 32-1155.

Sincerely,

/s/ Dylan Warwick 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 Dylan Warwick Legal Department 1700 W Washington St. Ste 105 Phoenix, AZ 85007

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 Printed Name Signature Date Aristeo Marquez Araujo INVOICE Bill To

Angela Johnson 10886 E Fortuna Drive Sct, AZ 85262

Desert Sky Pavers LLC. Payment terms Due upon receipt ROC #343520 Invoice # 1021

10739 W Bermuda Dr Date 06/01/2023 Avondale, Arizona 85392

Description Total

Driveway Pavers $14,784.00 Price includes: All base material Techniseal Western Grey Ultra fine polymeric Cement Labor and installation Builder will rough grade to plan The labor to install is $6.00 per sq ft. 2464 sq ft

Patios and Pool Deck $23,448.00 Price includes: All base material Techniseal Western Tan Ultra fine polymeric Cement Labor and installation Labor to install is $8.00 per sq ft 2931 sq ft

Build steps $300.00 Steps to front entrace

Stepping pads $1,200.00 $10 per sq ft sq ft a pad

Materials by owner $0.00 The price is based on The plan upplied. Any additional Pavers will be installed at the above prices. The owner supplies all pavers needed.

Subtotal $39,732.00

Total $39,732.00

This estimate is Valid for 30 days.

By signing this document, the customer agrees to the services and conditions outlined in this document.

Signed on: 01/19/2023 Angela Johnson

Change Order #1 06/01/2023

This Change Order modifies and amends the provisions of Invoice #1021 between Desert Sky Pavers LLC. ROC #343520 and Angela Johnson.

Description Total

Labor on cleaning up and grading $4,200.00 Side yards were graded Front patio top patio was graded by hand we graded about 6inches Bobcat work put sleeves for landscapers cleaned garage and area of debris about trailer load some grading for pavers in front driveway

Porcelain re grade $1,000.00 1500 sf of porcelain had to re grade by designer request

Subtotal $5,200.00

Total $5,200.00

Artie Araujo

Overall Summary

Subtotal $39,732.00

Change Order 1 $5,200.00 Change Order Subtotal $5,200.00

Total $44,932.00

Payment Summary

02/10/2023 - Check $2,500.00 04/06/2023 - Bank $17,366.00 Transfer

Paid Total $19,866.00

Remaining $25,066.00 Amount

INVOICE Bill To

Angela Johnson 10886 E Fortuna Drive Sct, AZ 85262

Desert Sky Pavers LLC. Payment terms Due upon receipt ROC #343520 Invoice # 1021

10739 W Bermuda Dr Date 06/01/2023 Avondale, Arizona 85392

Description Total

Patios and Pool Deck $23,448.00 Price includes: All base material Techniseal Western Tan Ultra fine polymeric Cement Labor and installation Labor to install is $8.00 per sq ft 2931 sq ft

Build steps $300.00 Steps to front entrace

Stepping pads $1,200.00 $10 per sq ft sq ft a pad

Materials by owner $0.00 The price is based on The plan upplied. Any additional Pavers will be installed at the above prices. The owner supplies all pavers needed.

Subtotal $39,732.00

Total $39,732.00

This estimate is Valid for 30 days.

By signing this document, the customer agrees to the services and conditions outlined in this document.

Signed on: 01/19/2023 Angela Johnson

Change Order #1 06/01/2023

This Change Order modifies and amends the provisions of Invoice #1021 between Desert Sky Pavers LLC. ROC #343520 and Angela Johnson.

Description Total

Porcelain re grade $1,000.00 1500 sf of porcelain had to re grade by designer request

Subtotal $5,200.00

Total $5,200.00

Artie Araujo

Overall Summary

Subtotal $39,732.00

Change Order 1 $5,200.00 Change Order Subtotal $5,200.00

Total $44,932.00

Payment Summary

02/10/2023 - Check $2,500.00 04/06/2023 - Bank $17,366.00 Transfer

Paid Total $19,866.00

Remaining $25,066.00 Amount

7/25/23, 11:25 AM State of Arizona Mail - File 20230724 - RESPONSE

Dylan Warwick <[email redacted]>

File 20230724 - RESPONSE Angela Johnson <[email redacted]> Tue, Jul 25, 2023 at 10:10 AM To: "[email redacted]" <[email redacted]>, [email redacted]

To whom it may concern, please see our response to a complaint filed. If this requires a certain form, please let me know. Thank you.

Angie Johnson General Contractor | ROC 322868 P: 480.352.0200 E: [email redacted]

Address: 21001 N Tatum Blvd, 1630-434, Phoenix, Arizona 85050 www.AngelinaConstruction.com

AZ Registrar complaint response Fortuna.pdf 104K

https://mail.google.com/mail/u/0/?ik=e2d7877678&view=pt&search=all&permmsgid=msg-f:[number redacted]&simpl=msg-f:[number redacted]… 1/1 Angelina Construction, LLC. 21001 N Tatum Blvd #1630-434 Phoenix, AZ 85050

Re: Complaint #2023-08208

Arizona Registrar of Contractors 1700 W Washington Street Suite 105 Phoenix, AZ 85007 Attn: Dylan Warwick

Mr. Warwick,

We are in receipt of this complaint and we have a 3-part answer for this complaint.

Answer 1: Desert Sky Pavers LLC has not completed the work as agreed and is in breach due to the unsatisfactory job progress. The site has materials that need to be removed, sections that have yet to be completed and the homeowner is unhappy with the back patio due to the tile installation not laying properly. After the tile was installed the owner of Desert Sky Pavers, Artie notified the Manager on duty, Paul Johnson and the homeowners designer David Greer that the only way the tile could be laid properly was to turn it in another direction. At no point during the installation process did Artie and Desert Sky Pavers LLC discuss this with Angelina Construction LLC. Had Artie told our Superintendent Allen Hensley or General contractor Angela Johnson, we would have advised the homeowners the pattern they desired was not suited for the tile they chose and either changed materials or laid the tile in the direction Artie said would fix the issue. Instead, we were only told after the installation was completed and then told the homeowners would need to pay an additional $8,000 to fix it.

Answer 2: This home is not owned by Angela Johnson or Angelina Construction, LLC. This home, all materials, and labor committed in performance of completing this home is the responsibility of the current homeowner who has not paid Angelina Construction LLC anything additional for this contract. The homeowners do not want to pay until the tile is installed properly and the job is completed in full. Answer 3: Pursuant to Arizona Registrar statue 32-1129.02 Angelina Construction is required to pay their subcontractors within 7 days of receiving payment from the homeowner. As soon as payment is given, Angelina Construction LLC will gladly pay.

Angela Johnson

Angelina Construction, LLC

AJ REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Case No. 2023-08208 Desert Sky Pavers LLC,

COMPLAINANT, v. CITATION Angelina Construction LLC License No. ROC 322868,

RESPONDENT.

The Registrar issues this Citation to Angelina Construction LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by September 13, 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 20, 2023, Desert Sky Pavers LLC (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. 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 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)(10) — Failure by a licensee or agent or official of a licensee to pay monies in excess of $750 when due for materials or services rendered in connection with the licensee's operations as a contractor unless the licensee proves that the licensee lacks the capacity to pay and has not received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased.

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. 2023-08208.

How to File a Written Answer: Respondent’s written answer may be submitted in the

following ways:

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 In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted] The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than September 13, 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). 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- 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 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated August 28, 2023. By: /s/ Robert Stirling Robert Stirling Assistant General Counsel Legal Department 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 Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, August 28, 2023 to:

Respondent Certified Mail No: [number redacted]

Angelina Construction LLC 21001 N Tatum Blvd 1630-434 Phoenix, AZ 85050

Copy mailed by USPS First Class mail this same date to:

Angelina Construction LLC 21001 N Tatum Blvd 1630-434 Phoenix, AZ 85050

Complainant Desert Sky Pavers LLC 10739 W Bermuda Dr Avondale, AZ 85392

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. 2023-08208 /

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 Printed Name Signature Date Aristeo Marquez Araujo INVOICE Bill To

Angela Johnson 10886 E Fortuna Drive Sct, AZ 85262

Desert Sky Pavers LLC. Payment terms Due upon receipt ROC #343520 Invoice # 1021

10739 W Bermuda Dr Date 06/01/2023 Avondale, Arizona 85392

Description Total

Patios and Pool Deck $23,448.00 Price includes: All base material Techniseal Western Tan Ultra fine polymeric Cement Labor and installation Labor to install is $8.00 per sq ft 2931 sq ft

Build steps $300.00 Steps to front entrace

Stepping pads $1,200.00 $10 per sq ft sq ft a pad

Materials by owner $0.00 The price is based on The plan upplied. Any additional Pavers will be installed at the above prices. The owner supplies all pavers needed.

Subtotal $39,732.00

Total $39,732.00

This estimate is Valid for 30 days.

By signing this document, the customer agrees to the services and conditions outlined in this document.

Signed on: 01/19/2023 Angela Johnson

Change Order #1 06/01/2023

This Change Order modifies and amends the provisions of Invoice #1021 between Desert Sky Pavers LLC. ROC #343520 and Angela Johnson.

Description Total

Porcelain re grade $1,000.00 1500 sf of porcelain had to re grade by designer request

Subtotal $5,200.00

Total $5,200.00

Artie Araujo

Overall Summary

Subtotal $39,732.00

Change Order 1 $5,200.00 Change Order Subtotal $5,200.00

Total $44,932.00

Payment Summary

02/10/2023 - Check $2,500.00 04/06/2023 - Bank $17,366.00 Transfer

Paid Total $19,866.00

Remaining $25,066.00 Amount

INVOICE Bill To

Angela Johnson 10886 E Fortuna Drive Sct, AZ 85262

Desert Sky Pavers LLC. Payment terms Due upon receipt ROC #343520 Invoice # 1021

10739 W Bermuda Dr Date 06/01/2023 Avondale, Arizona 85392

Description Total

Patios and Pool Deck $23,448.00 Price includes: All base material Techniseal Western Tan Ultra fine polymeric Cement Labor and installation Labor to install is $8.00 per sq ft 2931 sq ft

Build steps $300.00 Steps to front entrace

Stepping pads $1,200.00 $10 per sq ft sq ft a pad

Materials by owner $0.00 The price is based on The plan upplied. Any additional Pavers will be installed at the above prices. The owner supplies all pavers needed.

Subtotal $39,732.00

Total $39,732.00

This estimate is Valid for 30 days.

By signing this document, the customer agrees to the services and conditions outlined in this document.

Signed on: 01/19/2023 Angela Johnson

Change Order #1 06/01/2023

This Change Order modifies and amends the provisions of Invoice #1021 between Desert Sky Pavers LLC. ROC #343520 and Angela Johnson.

Description Total

Porcelain re grade $1,000.00 1500 sf of porcelain had to re grade by designer request

Subtotal $5,200.00

Total $5,200.00

Artie Araujo

Overall Summary

Subtotal $39,732.00

Change Order 1 $5,200.00 Change Order Subtotal $5,200.00

Total $44,932.00

Payment Summary

02/10/2023 - Check $2,500.00 04/06/2023 - Bank $17,366.00 Transfer

Paid Total $19,866.00

Remaining $25,066.00 Amount

Received 09/07/2023 ROC Legal September 07, 2023

VIA E-MAIL

Dear Mr.

We are in receipt of your letter and case no. 2023-08208. After further discussions with an Arizona Registrar associate and an attorney, we are asking that this complaint be dismissed based on the fact that the work contracted for has not been completed and the homeowners have not paid Angelina Construction LLC. I have attached the mechanics lien for your review proving we can not pay what we do not have.

The homeowner is withholding over $500,000 because the backyard patio is not complete and what is complete is terrible. The homeowner is 100% wrong to withhold that much money but he is wealthy and doesn’t care about right or wrong. We have filed a complaint with the AZROC because Aristeo still has not fixed nor completed the job. The stepping pads haven’t been installed, the stoop required per plans and code off the back patio has not been installed, the tile that was installed was not done properly so it’s wavy and moves when you walk on it. Angelina Construction LLC has borne the cost of several months of delays due to Aristeo not completing this job. He has inhibited our ability to get paid and complete this home.

We have no interest and gain nothing by not paying our trades. All other trades have been paid in full.

If you have any further questions, please let us know via email. In the meantime, if you could please ask Mr. Marquez to email responses to the items we are awaiting, we’d greatly appreciate it.

Sincerely,

Angela Johnson, General Contractor, Angelina Construction LLC

aj Received 09/07/2023 ROC Legal Received 09/07/2023 ROC Legal Received 09/07/2023 ROC Legal Received 09/07/2023 ROC Legal Received 09/07/2023 ROC Legal Received 09/07/2023 ROC Legal Received 09/07/2023 ROC Legal Received 09/07/2023 ROC Legal Received 09/07/2023 ROC Legal Received 09/07/2023 ROC Legal Received 09/07/2023 ROC Legal Received 09/07/2023 ROC Legal Received 09/07/2023 ROC Legal Received 09/07/2023 ROC Legal Received 09/07/2023 ROC Legal Received 09/07/2023 ROC Legal Received 09/07/2023 ROC Legal Received 09/07/2023 ROC Legal Received 09/07/2023 ROC Legal Received 09/07/2023 ROC Legal Received 09/07/2023 ROC Legal Received 09/07/2023 ROC Legal Received 09/07/2023 ROC Legal Received 09/07/2023 ROC Legal Received 09/07/2023 ROC Legal Received 09/07/2023 ROC Legal Received 09/07/2023 ROC Legal Received 09/07/2023 ROC Legal Received 09/07/2023 ROC Legal Received 9/8/23, 8:08 AM 09/07/2023 State of Arizona Mail - "Written Answer to Citation and Complaint." Case No. 2023-08208 ROC Legal

Answers - AZROC <[email redacted]>

"Written Answer to Citation and Complaint." Case No. 2023-08208 message

Angela Johnson <[email redacted]> Thu, Sep 7, 2023 at 1:26 PM To: [email redacted]

To Whom it May Concern,

Please see attached PDF's.

VIA E-MAIL

"Written Answer to Citation and Complaint." Case No. 2023-08208

We have no interest and gain nothing by not paying our trades. All other trades have been paid in full. Angelina Construction LLC has under $1,000 left in our business checking account due to the homeowners not paying for the work completed.

If you have any further questions, please let us know via email. In the meantime, if you could please ask Mr. Marquez to email responses to the items we are awaiting, we’d greatly appreciate it.

Sincerely, Angela Johnson, General Contractor, Angelina Construction LLC

https://mail.google.com/mail/b/AEoRXRR9QmliLcAUiw2XhNaXKnfc-90ryGyUHgFns8phgMSsksIu/u/0/?ik=581c53cf5c&view=pt&search=all&permthid… 1/2 Received 9/8/23, 8:08 AM 09/07/2023 State of Arizona Mail - "Written Answer to Citation and Complaint." Case No. 2023-08208 ROC Legal

Angie Johnson General Contractor | ROC 322868 P: 480.352.0200 E: [email redacted]

Address: 21001 N Tatum Blvd, 1630-434, Phoenix, Arizona 85050 www.AngelinaConstruction.com

attachments 10886 ROC Complaint response PAVERS.pdf 80K 10886 Served Mechanic LIen [number redacted].pdf 5615K

https://mail.google.com/mail/b/AEoRXRR9QmliLcAUiw2XhNaXKnfc-90ryGyUHgFns8phgMSsksIu/u/0/?ik=581c53cf5c&view=pt&search=all&permthid… 2/2 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Desert Sky Pavers LLC, Case No. 2023-08208 COMPLAINANT, v. ORDER DENYING RESPONDENT’S Angelina Construction LLC REQUEST TO DISMISS License No. ROC 322868,

RESPONDENT. BACKGROUND On August 28, 2023, the Registrar issued a citation against Respondent’s License No. ROC 322868. Respondent filed its Answer on September 7, 2023. The Answer included a request that the complaint be dismissed. ORDER IT IS ORDERED that Respondent’s request to dismiss is DENIED. The pendency of the related workmanship complaint does not merit outright dismissal of the proceeding. Any potential conflict between the two proceedings could be addressed through other means, including motions to continue the hearing date in this matter. The other issues underlying the Citation and Complaint are best suited for presentation before the Office of Administrative Hearings. Respondent is free to raise the arguments and defenses presented in its request to dismiss before the administrative law judge. A Notice of Hearing will be issued in due course. Dated September 28, 2023. By: /s/ Robert Stirling Robert Stirling Assistant General Counsel Legal Department Arizona Registrar of Contractors

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg127 5/21 Copy mailed via USPS First Class mail September 28, 2023 to: Respondent Angelina Construction LLC 21001 N Tatum Blvd 1630-434 Phoenix, AZ 85050 Complainant Desert Sky Pavers LLC 10739 W Bermuda Dr Avondale, AZ 85392 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. 2023-08208/tq

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg127 5/21 8/18/23, 10:00 AM State of Arizona Mail - Complaint 2023-08208

Dylan Warwick <[email redacted]>

Complaint 2023-08208 Angela Johnson <[email redacted]> Thu, Aug 17, 2023 at 5:40 PM To: Dylan Warwick <[email redacted]>

Dear Mr. Warwick,

I was acting as an agent on behalf of Angelina Construction LLC. When anything is signed in regards to Angelina Construction LLC it is always as a member agent for the LLC. Angelina Construction made all payments to Desert Sky Pavers directly from the Angelina Construction LLC bank account.

If anything further is needed please let me know via email. Thank you. . [Quoted text hidden]

https://mail.google.com/mail/u/0/?ik=e2d7877678&view=pt&search=all&permmsgid=msg-f:[number redacted]&simpl=msg-f:[number redacted]… 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