2023A-08459-CHC-ROC Notice of Hearing and Packet MAILED

2023A-08459-CHC-ROC · Registrar of Contractors · 2023-10-13

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA Vanessa Sanchez , Case No. 2023-08459 COMPLAINANT, Docket No. 2023A-08459-CHC-ROC v. NOTICE OF HEARING ON CONTESTED CASE Legacy Contracting LLC License No. ROC 333553,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

December 1, 2023 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 September 20, 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)(1)

Charge: 2 A.R.S. § 32-1154(A)(22)

THE PARTIES TO THE ADMINISTRATIVE HEARING

Because Respondent is a licensee and is charged with an act(s) or omission(s) that is cause for the suspension or revocation of a license, Respondent is a party to this case and will be a party to the hearing. Because Complainant alleged Respondent committed an act(s) or omission(s) that is cause for the suspension or revocation of a license, Complainant is a party to this case and will be a party to the hearing.

Respondent and Complainant, as the parties to the hearing, will present evidence and

argument to the administrative law judge.

The Registrar’s assigned investigator will appear as a witness at the hearing.

RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney. A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented by an officer or employee if that person satisfies the conditions set forth in A.R.S. § 32- 1156(B).

CHANGE OF ADDRESS Each party must inform the Registrar and the Office of Administrative Hearings of any change of address within five (5) days of the change. A.R.S. § 41-1092.04.

HEARING PROCEDURES AND RULES The administrative hearing will be conducted in accordance with A.R.S. §§ 41-1092 to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and processes governing the administrative hearing. Copies of the statutes, rules, and articles regarding the administrative hearing process can be found at https://www.azoah.com/.

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

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

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

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

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

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

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

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

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

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

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

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

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

CHANGING THE HEARING DATE

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

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

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

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

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

RESOLUTION SHORT OF ADJUDICATION

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

Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of the resolution or settlement. Any such cases will be listed on the Registrar’s website and its records under the category: “Closed Complaints – Resolved/Settled/Withdrawn.” Dated October 13, 2023.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail October 13, 2023 to:

Respondent(s) Legacy Contracting LLC 12211 W Bell Rd, Suite 204 Surprise, AZ 85378 Complainant(s) Vanessa Sanchez 24027 W Cavedale Dr Wittmann, AZ 85361

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. 2023-08459 /

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

Hearing Packet FAQ What is the Hearing Packet?

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

Who gets the Hearing Packet?

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

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

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

What is in the Hearing Packet?

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

● Original complaint;

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

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

● Citation; and ● Answer.

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

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

What if there are documents missing from the Hearing Packet?

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

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

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

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

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

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

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

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

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

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

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

Complainant: Vanessa Sanchez 24027 W Cavedale Dr Wittmann, AZ 85361

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: Legacy Contracting LLC DBA: 12211 W Bell Rd, Suite 204 Surprise, AZ 85378

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

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

Jobsite Inspection Notice Re: Complaint Number 2023-08459

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for August 29, 2023 at 9:00 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

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

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

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 If either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time.

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

Sincerely, Mike Wiskow Mike Wiskow, Investigator 602 7716750 [email redacted] 1700 W Washington StSte 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 C008 05/21 A Guide to Jobsite Inspections

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

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

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

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

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

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

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

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762.

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

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

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

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

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

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

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

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

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

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

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

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Complainant: Vanessa Sanchez 24027 W Cavedale Dr Wittmann, AZ 85361

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: Legacy Contracting LLC DBA: 12211 W Bell Rd, Suite 204 Surprise, AZ 85378

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 29, 2023

License No. ROC 333553

Re:Complaint No. 2023-08459

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 14, 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.

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 DIRECTIVE REQUIREMENTS

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

Compliance Item: 1 - A deposit of $13,291 was paid to Legacy Contracting on May 12, 2023 to place the order for the block. The material lead time was supposed to be 4-6 weeks. In the contract, the approximate start date of work is listed as June 30th, 2023 and the estimated completion date is July 28th, 2023. To date (July 25th, 2023), no work has been started onsite. We have requested invoices for the material that was supposedly purchased with our deposit money and confirmation of material being procured, but Legacy Contracting has yet to provide any documentation. Legacy Contracting has also not provided a start date after multiple texts, calls and emails. We have tried to settle this directly, but Legacy Contracting has stated that they will not return our deposit money and allow for us to go our separate ways. Investigator’s Observation: The respondent has started the project but has two sections left to completed. Wall should be completed per contract. Contractor should finish wall per contract 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.

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

Sincerely,

Mike Wiskow Mike Wiskow, Investigator 602 7716750 [email redacted] 1700 W Washington StSte 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 C009 04/21 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Jobsite Inspection Notes

Case No.: 2023-08459 Investigator: Mike Wiskow Inspection Date: August 29, 2023 Inspection Time: 9:00 AM

Complainant: Vanessa Sanchez Respondent: Legacy Contracting Not Present: LLC Not Present:

Jobsite General Notes: Photos taken with Pixel 6 Pro. Audio recorded with Pixel Pro 6 digital voice recorder.

Complaint Item: 1 - A deposit of $13,291 was paid to Legacy Contracting on May 12, 2023 to place the order for the block. The material lead time was supposed to be 4- weeks. In the contract, the approximate start date of work is listed as June 30th, 2023 and the estimated completion date is July 28th, 2023. To date (July 25th, 2023), no work has been started onsite. We have requested invoices for the material that was supposedly purchased with our deposit money and confirmation of material being procured, but Legacy Contracting has yet to provide any documentation. Legacy Contracting has also not provided a start date after multiple texts, calls and emails. We have tried to settle this directly, but Legacy Contracting has stated that they will not return our deposit money and allow for us to go our separate ways. Investigator’s Observation: The respondent has started the project but has two sections left to complete. Wall should be completed per contract. Contractor should finish wall per contract 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.

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

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

Complainant: Vanessa Sanchez 24027 W Cavedale Dr Wittmann, AZ 85361

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: Legacy Contracting LLC DBA: 12211 W Bell Rd, Suite 204 Surprise, AZ 85378

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.: 2023-08459 Investigator: Mike Wiskow Inspection Date: September 18, 2023 Inspection Time: 1:00 PM

Compliance Jobsite General Notes: Photos taken with Pixel 6 Pro.

Compliance Findings

Compliance Item: 1 – - A deposit of $13,291 was paid to Legacy Contracting on May 12, 2023 to place the order for the block. The material lead time was supposed to be 4-6 weeks. In the contract, the approximate start date of work is listed as June 30th, 2023 and the estimated completion date is July 28th, 2023. To date (July 25th, 2023), no work has been started onsite. We have requested invoices for the material that was supposedly purchased with our deposit money and confirmation of material being procured, but Legacy Contracting has yet to provide any documentation. Legacy Contracting has also not provided a start date after multiple texts, calls and emails. We have tried to settle this directly, but Legacy Contracting has stated that they will not return our deposit money and allow for us to go our separate ways.

Investigator’s JSI Observation The respondent has started the project but has two sections left to be completed. Wall should be completed per contract.

Contractor should finish wall per contract by appropriate means.

Investigator’s CJSI Observation: Directive Items have not been started or completed. -Not Completed

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Note:

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

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

Mike Wiskow Mike Wiskow, Investigator 602 7716750 [email redacted] 1700 W Washington StSte 105 Phoenix, AZ 85007

CC: Respondent Complainant

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Vanessa Sanchez, Case No. 2023-08459 COMPLAINANT, v. Legacy Contracting LLC, CITATION License No. ROC 333553,

RESPONDENT.

The Registrar issues this Citation to Legacy Contracting LLC (“Respondent”) under

A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by October 5, 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.

THE WRITTEN COMPLAINT

On July 25, 2023, Vanessa Sanchez (“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

violations of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged

with violating:

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 :1 A.R.S. § 32-1154(A)(1)

Abandonment of a contract or refusal to perform after submitting a bid on work

without legal excuse for the abandonment or refusal.

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 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 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. 2023-08459.

How to File a Written Answer: Respondent’s written answer may be submitted in the 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 following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted] The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than October 5, 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. 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 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 Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license 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 licens 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 September 20, 2023. By: /s/ Doug Ulmer Doug Ulmer Legal Assistant Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, September 20, 2023 to: Respondent Certified Mail No: [number redacted] Legacy Contracting LLC 12211 W Bell Rd, #Ste. 204 Surprise, AZ 85378

Copy mailed by USPS First Class mail this same date to: Respondent Legacy Contracting LLC 12211 W Bell Rd, #Ste. 204 Surprise, AZ 85378 Complainant Vanessa Sanchez 24027 W. Cavedale Dr. Wittmann, AZ 85361 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. 2023-08459/du 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 Received 10/05/2023 ROC Legal Written Answer to Citation and Complaint Case No. 2023-08459 Page |1

To whom it may concern, Please take the time to read the explanation and reason for this complaint and citation that was given to Legacy Contracting LLC for the company to answer. There are a lot of dates and communication along the way, and can become confusing, but the timelines all match up and believe that this project was delayed and lengthy by the actions of the complainant on this large residential project. We feel here at Legacy that the complainant is treating Legacy unfairly and holding it to a much higher standard that is unlikely by others following the codes and laws empowered by the State of Arizona. Legacy Contracting LLC is a Native American owned company with all office employees originating from South Dakota and North Dakota. We are all for the most part like-minded individuals in the construction industry and can understand when someone may be upset or feel that they are being taken advantage of. This is not the case in this matter. We do not believe in excuses either, but when someone is making demands with open threats to turn this into the ROC, Bonding Companies, and stating that they will pursue legal matters if needed while violating their own contract. Our hands become tied and come to a road with two paths at the end of it. We can either strive forward and continue the project with the open threats to our license and company, with the risk of situation we are in now or we can back away from the project, take a loss within the company, and move to the following projects scheduled. Materials were purchased with the project and ready to be delivered for quite some time. The workers and vendors both waiting eagerly to start on the project to get their schedule more in line while Legacy dealt with the permitting on their own without the owner’s assistance to their change orders or specifics as stated in the contract, as well as the change orders that Legacy was being demanded while we provided the permit that was needing to constantly be revised was not helping in their favor or Legacy’s. We believe that the complainant was beginning to feel hostile or aggravated due to some situations. The first situation was prior to the wall being constructed. The complainant had several neighbors that lived around the property and were having their walls installed by a couple unlicensed individuals that had smaller marginal needs as well as lower overhead and undermining those who have a license and pricing these projects at the cheaper rates that they believe they can sell for. This was mentioned by the complainant’s husband to our salesman that he wanted to perhaps pursue that path and be allowed to save extra money on their project. This does have text proof that can be provided if needed. We believe that anyone that can see they could have got something cheaper will always regret or feel a fear of missing out rather than continuing with the project they are contracted on currently. Homeowners need to understand the liability that they risk for themselves as well as the project potentially not being constructed correctly since permits are often skipped in this path for some. Here at Legacy Contracting LLC, we have a 5-year warranty despite the 1-year mandatory warranty required. It is also licensing and bonding that should make the homeowner feel more comfortable who they are trusting to construct their new project. Received 10/05/2023 ROC Legal Written Answer to Citation and Complaint Case No. 2023-08459 Page |2

The other situation that Legacy feels could have contributed to this matter is the complainant trying to get ahold of the owner while skipping and ignoring the company structure of management. While not being able to do so, they felt this meant they were being ignored. The reality is that the CEO/President of Legacy Contracting LLC was taking some time to prevent a divorce in his marriage as well as having a newborn baby with his wife that had an emergency C Section in the month of September this year all while trying to help within this project as well. We feel that this is a valid reason for his absence at the time as we all have personal and family matters that occur and despite what is going on in business or career, sometimes we all have to take a step back and understand that we all are here for a short time and need to take in the family times when needed because life is too short. Legacy Contracting LLC has always been the company to get 5-star reviews and communicate with its customers and for a short period there with the CEO gone. Legacy had to come together as a family and help where needed and where the CEO is normally handling the not so fun situations that everyone else normally does not deal with. The closing statement on this before going into the facts below is that here at Legacy, we believe we went into this project with an honest mindset and remained truthful to the complainant. The reasons for the complaint are written below and go into more factual proof of the reality of this project to help everyone understand that we did not simply just abandon this project. We had many steps to take instead of just completing the project without Legacy taking a risk of not being paid for the project that was completed and the homeowner just walking away. This should have been communicated with the investigator prior to the written directive date but the only person that could have done that at the time was the CEO and he was dealing with personal matters that were described above. We sincerely hope that you do not suspend or revoke our license as this may have got to this level on this project, but behind this project are hundreds of customers that feel the complete opposite and would like to remain this way and to continue growing in the State of Arizona. Received 10/05/2023 ROC Legal Written Answer to Citation and Complaint Case No. 2023-08459 Page |3

Charge :1 A.R.S. § 32-1154(A)(1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.

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. Legacy Contracting LLC originally went out to Mrs. Sanchez property to bid her block wall project in the beginning of April of 2023. The first bid proposal was created and sent with email and SMS text on April 11th, 2023, by one of Legacy’s salesmen. On April 18th, 2023, Mrs. Sanchez texted back on the quote asking the salesman about how long Legacy’s schedule was out, with him responding to her within the same day letting her know that Legacy would be an approximate 6-week lead time on installing projects under our capacity. Early May, Legacy was still in communication with Mrs. Sanchez and created a new quote attempting to fit within their budget for the project that Mrs. Sanchez and Mr. Sanchez wanted. This is also because Mrs. Sanchez wanted to add additional scopes of work to the project such as dog runs and fences. They made a good choice to wait and bundle it all together for one contractor to come and install the project instead of going off multiple schedules from additional contractors. The project was then approved for quote #1715 on May 11th, 2023, by Mrs. Sanchez shown below on Exhibit A. A formal contract was drafted up by Legacy Contracting LLC on May 11th and sent to Mrs. Sanchez via DocuSign on the same day. This contract is shown below in Exhibit B, showing approximated commencement of work starting on June 30th, 2023, and the estimated date of completion of all work to be performed by July 28th, 2023, for the total project amounting in $53,165.31 as stated in the approved quote as well. This contract was then signed by Mrs. Sanchez on May 16th, 2023, prior was a deposit paid on May 13th, 2023, with a cashier’s check for the amount of $13,291.33 written directly to Legacy Contracting LLC from Mrs. Sanchez and Mr. Sanchez. Legacy’s contracts are worded as such as in Exhibit B for the time periods of the set dates because as the ROC knows, the dates may change for various reasons. This schedule alone was set for the dates listed based off the capacity we were at and crews we had on projects. We try and schedule in anticipation for permit lead times as well as materials and material types. This project has had several changes to it along the way which meant a lot of updated proposals as well as updates and changes to the permit every time we submitted the Received 10/05/2023 ROC Legal Written Answer to Citation and Complaint Case No. 2023-08459 Page |4

permit substantially complete. This is not entirely the Sanches family’s fault; construction just happens that way sometimes. The permit was started on Legacy’s end right away with drawing and details going into submittals for Maricopa County with an application for this project started on June 2nd, 2023, exactly 13 business days after the contract was signed by Mrs. Sanchez. This application was accepted on June 26th, 2023, with the site plan needing to be corrected with an unknown leach field issue that we would run into. We also had to correct the wall/fence details because of this and comply with a lot more than expected as well as providing the correct deed to the property since this home was at the time just purchased and newer to the Sanchez family. All of this resulted in another change order quote #1758 that was initially sent on June 7th, 2023, and approved with a signature from Mrs. Sanchez on June 15th, 2023, as you will see below as Exhibit C for the total amount of $53,700.42 a difference of $535.11 from the previous quote agreement. Legacy Contracting LLC did not want to change a lot and delay Mrs. Sanchez or her project. These are simply things that Maricopa County had brought up during the entire process of this project. We have attached a PDF copy of our permit process with Maricopa County and the dates showing the revisions that were wanting to be done by Mr. Sanches and Mrs. Sanchez as well as the things they could have been unaware of such as the septic system and brainstorming ideas to counter this while still being able to construct their project, and completely enclose this section for them. You will also find a copy of this below shown as Exhibit D. These permits can take time and were expressed the entire way by the project manager of Legacy Contracting and the salesman of Legacy Contracting. We did not ignore the Sanchez family but merely explained the process of the County and certain things that we just simply couldn’t start yet. The permit process alone on some of these items had a timeframe of 06/02/2023 to 08/18/2023 with a final approval and no more revisions to this project. The project had a lengthy number of revisions in it, but Legacy was very optimistic on the timeframe this was taking, and the number of changes all seemed to be going smoothly. On August 21st, 2023, Legacy received a notice from Michael Wiskow Investigator #217 for a complaint filed by Mrs. Sanchez on July 25th, 2023, prior to Permit #B202305817 being marked as approved on August 18th, 2023. The complaint was filed against Legacy Contracting because the complainant accused Legacy Contracting of theft of their funds since the project had not been started yet, nor had the materials been delivered when this is stated in the contract Mrs. Sanchez agreed to with the dollar amount of the advance deposit paid on the agreement and price of the project. It is Legacy’s understanding after making multiple phone calls to the ROC that the deposit paid does not make the deposit mandatory towards materials unless contracted and worded this way. These phone calls had to be made because Mrs. Sanchez also filed a claim with our bond at the same time of the complaint. This can be found below as Exhibit E. Our bonding company had reached out and found this to be resolved. Received 10/05/2023 ROC Legal Written Answer to Citation and Complaint Case No. 2023-08459 Page |5

Within this timeline Legacy has also created another quote that is dated within the online program we pay for (dates cannot be changed by us). These quotes are in the draft as quote #1811 for a change order created on July 9th, 2023, as requested by the Sanchez family for additional footage on the wall. There was also an additional change order for quote #1893 on September 20th, 2023, for the project to drop the fencing and possibly the gates as now Mr. Sanchez wanted to construct the gates on his own claimed by Mrs. Sanchez. With all these items and proof required by the county and the project timeline, this was beginning to be a lot to keep up with. The complaint against Legacy was also stated that we have had no communication with them, no documentation, no texts, no calls, or emails. This is all fabricated as we do have saved emails, texts, documents, and any other form of Leading to the directive for the completion date of September 14th, 2023, at 5:00PM. Legacy had the project majority complete with the wall only needing 2 more sections left to install Legacy had Mrs. Sanchez emailing the owner, salesman, and project manager a lien waiver. For the owner to sign. On August 22nd, 2023, the owner emailed Vanessa Sanchez they he currently was dealing with personal matters at the moment and that his wife had been in the hospital. On August 28th, 2023, Mrs. Sanchez reached out to some of the Legacy team to see if there was a plan going forward with the salesman emailing her back on the same day trying to figure out here status on the lien waiver as well as the change orders that the homeowner was demanding we complete as well. With the change orders not being completed and the legal paperwork still being pushed. The owner emailed back on September 7th, 2023, stating that he had been with his wife for an emergency C section and taking care of his family and 4 younger children they also have. The owner mentioned that this could be discussed in a meeting between everyone the next day, September 8th, 2023. The change order needed to be completed, the contracts needed to be rewritten, and the legal end of this project had to be dealt with between our contract with the homeowner and the ROC and the homeowner as they are two separate things. With the homeowner being upset with Legacy Contracting LLC and the Owner not being present dealing with the medical reasons and his wife, this was all brought to an abrupt halt with husband to Mrs. Sanchez leaving an email for the owner that Legacy needs to allow the email to act as a notice that Legacy Contracting LLC is no longer permitted to be on the homeowner’s property. They also stated that they will be reaching out to other contractors to finish the work. Legacy has a contractual obligation with a timeline that was ruined by the change orders, different designs, resubmittals, and legal paperwork being sent to employees. This made any situation for managers and employees to not know how to react in that timeframe. The CEO reached out to the homeowners to speak and come to a resolution on September 19th, 2023, with the homeowners stating that they are completely out and are already beginning to work on the property with another team. Legacy will still need to solve this matter with the homeowners with the agreements that they committed to in the contract. Received 10/05/2023 ROC Legal Written Answer to Citation and Complaint Case No. 2023-08459 Page |6

These charges are based on the complaint that Mrs. Sanchez filed with claims to us not getting the materials and no correspondence when this is all untrue. The materials were indeed purchased with proof. We mentioned this to the homeowner multiple times that if the materials were in fact dropped off on site that we would have to move them out of the way to complete the footing and then move them again. This was mentioned that we would need to bring in a forklift and would need to add more expense to the contract with us doing this for them to have some materials on their property. They would not agree to this cost so the materials remained in the vendor’s yard until the after the footing was completed. In masonry this is how it is always done if possible because there is no point in moving block an unnecessary number of times to just simply have the materials there. We also believe that the homeowner was wanting this to happen so they can abandon the contract like they did and have the unlicensed company complete this project with Legacy loosing funds in the materials with the block alone not including 20% of the other materials was more than the deposits made by the homeowner. Their other claim for start dates is also not factual with proof of emails stating to them about the permit and where it was at the time while still working with them and corresponding almost daily with their project. This was never “ghosted” or “abandoned” it just simply could not proceed with things that were needing to be done on the permit, plans, design, change orders, and everyone to agree on pricing.

TIMELINE OF PROJECT INSTALLATION 1. FOOTING – AUGUST 4TH (COMPLETED IN SAME DAY FOR 630LF) 2. BLOCK DELIVERY – AUGUST 9TH-10TH 3. BLOCK LAID ON FOOTING – AUGUST 12TH (ALL BLOCK LAID EXCEPT 2 SECTIONS IN ONE DAY) 4. SMALL ORDER BLOCK DELIVERED – AUGUST 18TH 5. 2 MASONS INSTALLING COLUMNS – AUGUST 23RD-24TH 6. 5TH OR 6TH CHANGE ORDER REQUESTED – AUGUST 28TH 7. ROC DEADLINE – SEPTEMBER 14TH 8. STILL NOT COMPLETE DUE TO TWO SIDED LEGAL – SEPTEMBER 15TH 9. NO LONGER PERMITTED ON PROPERTY – SEPTEMBER 19TH

END OF WRITTEN ANSWER TO CITATION AND COMPLAINT Received 10/05/2023 ROC Legal Received 10/05/2023 ROC Legal Received 10/05/2023 ROC Legal

AROC LICENSE NO. 333553 CONTRACT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION SERVICES

1. DATE OF AGREEMENT: May 11th, 2023

2. NAME OF CONTRACTOR, BUSINESS ADDRESS, LICENSE NUMBER: LEGACY CONTRACTING, LLC., 12211 WEST BELL ROAD, SUITE 204, SURPRISE, ARIZONA 85378; TELEPHONE: 602-320-8759; Url: www.legacycontracting.com; E: [email redacted] ; ARIZONA REGISTRAR OF CONTRACTORS (AROC) LICENSE NO: 333553 (GENERAL CONTRACTOR- --RESIDENTIAL AND COMMERCIAL).

3. NAME/MAILING ADDRESS OF OWNER/JOBSITE ADDRESS: Vanessa Sanchez 24027 W Cavedale Drive Wittmann, AZ 85361 (480) 584-9241 [email redacted]

4. DESCRIPTION OF THE WORK TO BE PERFORMED: Received 10/05/2023 ROC Legal

5. START DATE OF THE WORK*: June 30th, 2023

*PLEASE NOTE: Start dates are approximate commencement of work dates when given. In the construction industry many things can happen over which we have no control such as bad weather, lack of available construction materials, lack of skilled labor, holidays, etc. in the timeframe of work to delay the project or begin the project at an earlier date. By signing the contract, you agree to be flexible with us and understand that said dates must be approximate.

6. ESTIMATED DATE OF COMPLETION OF ALL WORK TO BE PERFORMED: July 28th, 2023

7. THE TOTAL DOLLAR AMOUNT TO BE PAID TO THE CONTRACTOR BY THE OWNER FOR ALL WORK TO BE PERFORMED UNDER THE CONTRACT, INCLUDING ALL APPLICABLE TAXES: $53,165.31 as agreed to in quote #1715

8. THE DOLLAR AMOUNT OF ANY ADVANCE DEPOSIT PAID OR SCHEDULED TO BE PAID TO THE CONTRACTOR BY THE OWNER: $13,291.33 - THIS WAS ALREADY PAID ON 05/12/2023 WITH CASHIERS CHECK This was made in 1 out of 4 payments that will be made.

9. THE DOLLAR AMOUNT OF ANY PROGRESS PAYMENT(S) AND THE STAGE OF CONSTRUCTION AT WHICH THE CONTRACTOR WILL BE ENTITLED TO COLLECT PROGRESS PAYMENT(S) DURING THE COURSE OF CONSTRUCTION UNDER THE CONTRACT: This project will be made in 4 payments in four stages throughout the project.

Start of Project - $13,291.00 50% Complete Project - $13,291.00 Completed Project - $13,291.98 Received 10/05/2023 ROC Legal

10. LATE PAYMENT(S): If Owner fails to pay Contractor any invoiced amounts due, Contractor retains the right upon providing written notice to the Owner to stop providing Services until the amounts due have been received by Contractor. If the amounts due remain unpaid following 30 calendar days, the amounts due shall accrue interest at the rate of Ten Percent (10%) per annum from the date payments was due until paid in full.

11. PAYMENT METHODS AND CHARGES: Contractor offers financing through a Third-Party Finance Company which allows customer to finance their project, and accepts all major credit cards as payment. When these payment options are chosen, Owner shall pay to Contractor an additional fee of 3.9 percent of the contract price.

12. CONTRACTOR’S LIEN RIGHTS: Arizona law allows unpaid Contractors to put a lien (Mechanic’s Lien) on an Owner’s real property for unpaid amounts due Contractor. In these regards, please see Arizona Revised Statutes Section 32-981, et. seq.

13. THIS CONTRACT CONSISTS OF THE FOLLOWING: This Agreement and any attachments thereto in the form of permits, plans, specifications, drawings, renderings, invoices, receipts, change orders, etc.

14. PERMITS: Contractor shall obtain any necessary permits, with assistance from the Owner. Owner shall pay for cost of permits. Owner may decide to apply for permits in its own name, as needed.

15. PLANS AND SPECIFICATIONS: Contractor shall prepare any necessary plans and specifications and perform the work in accordance therewith, with assistance from the Owner.

16. HOA: Owner shall provide Contractor with a current copy of the CCR’s and Architectural Guidelines, any other relevant HOA documents, as well as any plot plans, property surveys. Contractor shall obtain any necessary approvals from the HOA for the work to be performed, with assistance from the Owner. Owner shall pay for any costs associated therewith.

17. INSURANCE: Contractor and its subcontractors shall obtain appropriate insurance coverage for the benefit of contractor and subcontractors and their employees. Owner shall continue to maintain property insurance on the home and or other property, the subject of this Agreement. Received 10/05/2023 ROC Legal

18. LABOR AND MATERIALS: Contractor shall provide all labor and materials.

19. ZONING: Contractor shall check any applicable Zoning regulations and obtain any necessary permits with assistance from Owner. If a zoning variance is required, Owner shall apply for such in its own name. Owner shall pay for cost of permits and or zoning variances. Contractor shall not be responsible for any pre-existing zoning violations.

20. CLEAN UP: During the course of the project, Contractor shall keep the work site reasonably free of debris and trash related to the work. After the project is finished, Contractor shall clean up the entire work site and leave it in pristine condition.

21. CHANGES IN THE WORK / CHANGE ORDERS: The Owner and the Contractor may agree in writing upon changes in the work within the general scope of the Contract consisting of additions, deletions, or other revisions, with the contract sum and contract time being adjusted accordingly in writing. These shall be stated in a written Change Order or Amendment to this Contract. If Owner and Contractor cannot agree to a change in the contract sum, the Owner shall pay the Contractor its actual costs plus reasonable overhead and profit. If concealed or unknown physical conditions are encountered in the site that differ materially from those indicated in these documents from those conditions ordinarily found to exist, the contract sum, and time shall be subject to equitable adjustment.

22. REJECTION AND CORRECTION OF THE WORK: The Owner may reject work, within the time frames herein described, that does not conform to these Contract documents and may require inspection or testing of the work. The work shall conform to the standards or performance and quality as hereinafter described. The Contractor shall correct the work, other than for cosmetic reasons, within the time frames herein specified and cause it to conform to the standards enumerated herein, at its own cost and expense.

23. OWNER RESPONSIBILITIES: Owner shall furnish information about the property, HOA, CCR’s, Architectural Guidelines, necessary surveys, plot plans, easements, zoning variances and other relevant zoning information, prior building permits, and assist Contractor to obtain all necessary authorizations and permits to commence work. The owner has the Received 10/05/2023 ROC Legal

responsibility for determining and informing contractor as to location of all property lines and setbacks, as well as all underground pipes, lines, and utilities.

24. TERMINATION OF THE CONTRACT BY CONTRACTOR: Contractor shall provide the Owner with 15 days’ written notice to cure any material breaches of this Contract, including, but not limited to, the failure of Owner to pay and sums to Contractor when due. If Owner fails to cure the material breach, Contractor may terminate this Contract and recover from Owner payment for work completed, labor provided and materials purchased, including reasonable overhead and profit and costs incurred by reason of such termination.

25. TERMINATION OF THE CONTRACT BY OWNER ONLY FOR GOOD CAUSE: Owner may terminate the Contract if Contractor is in substantial breach of this Contract, as a whole. Owner shall give Contractor 15 days to cure. If Contractor fails to cure, then Owner may terminate this Agreement. The Owner shall then pay Contractor for the reasonable value of the work performed, labor and retail cost of materials, and reasonable overhead plus reasonable profit. This obligation for payment shall survive the termination of this Agreement.

26. GOVERNING LAW: The laws of the State of Arizona shall govern this Contract.

27. ALTERNATIVE DISPUTE RESOLUTION: If the parties have a disagreement about a material provision(s) of this Contract, they shall first submit it to Mediation. If Mediation is unsuccessful, they shall submit the dispute to binding Arbitration before the American Arbitration Association, JAMS or to a private arbitrator.

28. WAIVER OF RIGHT TO JURY TRIAL: Owner and Contractor hereby WAIVE the right to litigate this matter in a court of law and to try to the case before a Jury.

29. NOTICE: For purposes of providing notice under the terms herein, such notice shall be directed to the parties addresses as listed in this Agreement. Each party shall notify the other within 10 days of any change of address.

30. SEVERABILITY: If any provision herein is determined to be prohibited by, or invalid or unenforceable, such provision shall be deemed amended to conform to applicable laws so as to be valid and enforceable, or if it cannot be amended to affect the parties intentions then it shall be stricken and the remainder of the contract shall be enforceable. Received 10/05/2023 ROC Legal

31. NO WAIVER: No failure on the part of Contractor nor any delay in exercising any right or remedy herein shall be deemed a waiver of any of its rights under this Contract.

32. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the parties (Contractor and Owner), and it supersedes all prior and contemporaneous agreements, communications, whether oral or written, unless agreed to in writing and signed by both parties. In such case, a formal amendment to this Agreement must be made.

33. INDEMNIFICATION: Owner shall hold harmless, defend, and indemnify Contractor for any and all intentional and or negligent acts that said Owner may have committed related to this Contract.

34. NO LIABILITY FOR CONSEQUENTIAL DAMAGES: Where permitted by applicable law and other than where expressly stated in this Agreement, the Contractor and the Owner waive claims against each other for consequential damages which may arise hereunder.

ADITIONAL TERMS & CONDITIONS

WARRANTY We guarantee our workmanship and materials for 5 years from the installation date. Note that certain materials come with an extended warranty from the manufacturer.

WHAT IT COVERS

Our warranty covers significant movement or extreme settling within the first 5 years. During the installation we take every measure and precaution to ensure posts, footings, and foundation are at proper depth and the soil is properly compacted. It is not uncommon with recently installed fence or footing of a wall that the disturbed soil around it can settle slightly. Especially after the first winter and especially in wet areas or primarily clay soil conditions. If this happens, we will come back out and straighten or adjust the fence, wall, or beams.

We guarantee the proper function of gates and gate hardware, with proper use, within the first years. This includes sagging of gates, defects in the hardware and proper hardware function. We also guarantee our materials will be free of defects.

WHAT IS NOT COVERED Our Warranty does NOT COVER any improvements to the subject property completed BEFORE we commenced our work. Even if the work we perform and the materials we construct and or install are close in proximity, abut, or touch prior improvements, we do not guarantee those Received 10/05/2023 ROC Legal

prior improvements, materials, and or labor. We only guarantee the work we actually do. Furthermore, It is important to remember that a fence, wall, or any other structure outdoors is an outdoor structure in Arizona, which can have a harsh environment. Our materials will change with exposure to the elements. This includes aging or weathering, discoloration, fading, and dimensional changes (shrinking or swelling). Some products on their own may have extended warranties protecting them from certain environments. Make sure to speak with your sales representative and have him/her inform you on what products we carry or can provide to prevent some of the above problems in the future. For our wood structures and fences, we use primarily cedar for outdoor projects, which will develop cracks or “checking” as the material dries. Checking does not impact the strength or longevity of a fence and typically once a check develops, it will not continue to grow. Wood materials will also shrink and swell due to the moisture and extreme temperature differences. A fence is quite different from finish carpentry that is inside of your home.

Other items that are excluded in our warranty include damage to the structure that is caused by vandalism, vehicle damage, climbing, wind, storm, tree damage, inanimate objects or wildlife hitting the structure, swinging on gates or other misuse of gates or gate hardware, expansive soil, severe storms, or flooding. Gates that are left opened can slam shut causing latches to break or bend the hinges to come out of alignment. Gate hardware is meant to work properly under controlled conditions, this does not include forceful opening or shutting by an individual. We are NOT responsible for any so-called Acts of God, like 100-year floods, tornadoes, lightning strikes, etc., which may result in damage to the installed items and or improvements we make to your property.

CANCELLATION POLICY

Subject to Paragraph 23, above, You have the right to cancel this agreement any time prior to midnight of the third business day after the date accepted. If you cancel after the Seventy-Two (72) hour window, there will be a $250 cancellation charge due immediately.

PLANS & SPECIFICATIONS

We will provide all materials, equipment, labor, plans and specifications if necessary or required, for the completion of this project. This agreement contains all the agreements between you and us. Any changes to this agreement must be discussed with the sales representative. Should any conflict occur between the plans, specifications, or other documents and this agreement, this agreement will be followed. Received 10/05/2023 ROC Legal

Material Escalation Clause: If, during the performance of the contract, the price of the material significantly increases,through no fault of the contractor, the price shall be equitably adjusted by an amount reasonably necessary to cover any significant price increases. As used herein, a significant price increase shall mean any increase in price exceeding 2.5% experienced by the contractor from the date of the accepted quote. Such price increases shall be documented through quotes, invoices or receipts.

EXCLUSIONS FROM SCOPE OF WORK

We, the “Contractor” are not responsible for any sprinkler damage or replacement of sprinkler lines. If you would like to purchase sprinkler insurance, speak with your sales representative, we can help you and maybe prevent some more expenses out of your pocket. We are not responsible for any “hard digging” and by that we mean boulders or any other large object in the ground that we can not see beforehand on a project. Sometimes we may start digging or trenching and hit something fairly large that puts a halt on the project. But please do not worry, together we will figure out a solution so that we may keep the ball rolling.

We are not responsible to correct any work that another contractor has done prior to the commencement of our work.

We are not responsible for any private utilities in the ground. Some places in Arizona we can not locate with Arizona 811. That is because they classify some of these areas as private. With that being said, the customer is responsible for hiring a private utility locating company to come out and locate the property if we are doing any sort of digging. If you do not get a locate company out and you want us to do the digging, we will not be responsible if we hit any of your utilities and damage them. If we feel that it is unsafe to work on the property without locates, we will stop all projects immediately. If you live in a larger populated city, you are most likely going to be able to get locates done by Legacy Contracting LLC and we will handle this part for you.

If the project changes in any way and both parties agree, we may have to do a change order in the project to get it completed. This process usually only happens if the customer would like to do something different before the project is complete. This will require a signed change order.

We are also not responsible for any problems associated with Zoning, HOAS, CCR’s, Property Lines, Underground utilities, or other underground lines. Received 10/05/2023 ROC Legal

Force Majeure: We shall not be liable for failure to perform by reason of strikes, fires, floods, earthquakes, unavoidable accidents, wars, delays in transportation, acts of God, or other causes beyond its reasonable control. In connections with the foregoing, the customer acknowledges that delivery of the products is contingent upon our ability to obtain supplies, raw materials and services through its regular suppliers and thus, if for any reason beyond our control, we are not able to meet anticipated deliveries, we will not be liable therefore and may delay the delivery dates under this agreement for a period of time which is reasonable under all circumstances. Where the delivery of material is delayed, through not fault of the contractor, as a result of the shortage or unavailability of materials, the contractor shall not be liable for any additional costs or damages associated with such delay(s). We shall perform all work in a workmanlike manner pursuant to the laws of the State of Arizona, the Arizona Registrar of Contractors regulations, and normal and reasonable custom and practice of similar contractors in the State of Arizona.

WORKMANSHIP

We shall perform all work in a workmanlike manner pursuant to the laws of the State of Arizona, the Arizona Registrar of Contractors regulations, and normal and reasonable custom and practice of similar contractors in the State of Arizona.

When any segment of work is complete, you have the right to tell us of any defects you find. If you withhold payment until the work is corrected, the amount cannot exceed 2% of the final payment due. When the defect has been corrected, all remaining amount is due. Contractor shall inform Owner when it reasonably believes all of the work is completed and within 5 days thereafter Owner shall inspect the Property and provide Contractor a written list of reasonable items to be completed and or corrected. Contractor will complete and or correct said items, other than merely cosmetic, with 20 days thereafter.

If you have any questions regarding your project or project installation, please do not hesitate to give us a call at (602)-320-8759 and we will be more than happy to help any way we can.

NOTICE THE PROPERTY OWNER HAS THE RIGHT TO FILE A WRITTEN COMPLAINT WITH THE ARIZONA REGISTRAR OF CONTRACTORS FOR A VIOLATION(S) OF ARIZONA REVISED STATUTES (“ARS”) SECTION 32-1154 (A). ANY COMPLAINTS MUST BE MADE WITHIN THE APPLICABLE TIME PERIODS STATED IN ARS 32-1162 (A). YOU MAY CONTACT THE AROC AT: ARIZONA REGISTRAR OF CONTRACTORS, TELEPHONE: 602-542-1525, Url: https://www.roc.az.gov Received 10/05/2023 ROC Legal

AGREED TO AND ACCEPTED BY:

Legacy Contracting LLC/Daylyn Eagleshield CONTRACTOR NAME PRINTED:____________________________________

CONTRACTOR AUTHORIZED SIGNATURE:______________________________President/Owner

DATE:_____________________

OWNER(S) NAME(S) PRINTED:____________________________________________________

OWNER(S) SIGNATURES:_ ______________________________________________________

DATE:_____________________

End of Contract Received 10/05/2023 ROC Legal