2023A-08767-NPC-ROC Notice of Hearing and Packet MAILED 2023-08767.pdf

2023A-08767-NPC-ROC · Registrar of Contractors · 2023-09-15

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

AZ Framing & Remodeling LLC, Case No. 2023-08767 COMPLAINANT, Docket No. 2023A-08767-NPC-ROC v. NOTICE OF HEARING ON Dynamic Trades Inc CONTESTED CASE License No. ROC 328944,

RESPONDENT.

This Notice of Hearing is issued under A.R.S. § 41-1092.05(D). HEARING INFORMATION The hearing is set for: November 1, 2023 1:00 PM Jenna Clark Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

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

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

STATEMENT OF LEGAL AUTHORITY AND JURISDICTION The State of Arizona has determined that the licensing and regulation of construction

contractors is a proper state function, and has vested authority in the Registrar of Contractors

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

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

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

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

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

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

complaint and citation, which were served on the Respondent on August 25, 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 September 15, 2023.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail September 15, 2023 to: Respondent(s) Dynamic Trades Inc 4617 Weed Patch Ct Greenwood, CA 95635 Complainant(s) AZ Framing & Remodeling LLC PO Box 2973 Peoria, AZ 85345

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. 2023-08767 /

Katie Hobbs, Governor Martin Quezada, Director

Hearing Packet FAQ What is the Hearing Packet?

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

Who gets the Hearing Packet?

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

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

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

What is in the Hearing Packet?

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

● Original complaint;

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

Katie Hobbs, Governor Martin Quezada, Director

● Citation; and ● Answer.

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

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

What if there are documents missing from the Hearing Packet?

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

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

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

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

Katie Hobbs, Governor Martin Quezada, Director

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

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

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

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

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

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

August 10, 2023

Via U.S. Mail and Email

Complainant AZ Framing & Remodeling LLC 1010 E Jefferson St Phoenix, AZ 85034

Via U.S. Mail and Email

Respondent Dynamic Trades Inc. 4617 Weed Patch Ct. Greenwood, CA 95635

Re: Complaint No. 2023-08767

Dear Complainant and Respondent:

The Registrar received a complaint filed against Dynamic Trades Inc. 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 August 17, 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 Email: [email redacted]

The Registrar will not issue a citation before August 17, 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/ Erin Johnson Erin Johnson 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 Legal Assistant II Legal Department Arizona Registrar of Contractors

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 Non-Payment Complaint Form Departmental Use Only Complaint Number: Mail to: Registrar of Contractors P.O. Box 18243 Phoenix, AZ 85005-8243

Person Filing Complaint (Payee) Business Name Full Name (First Middle Last) ROC License Number(s) (if any) Paul B Bland Street Address City State Zip Code Po Box 2973 Peoria Arizona 85380 Phone Number Email Address [number redacted] [email redacted] I consent to receive communications electronically in connection with this case

Name of Attorney (if any)

Attorney’s Street Address City State Zip Code

Attorney’s Phone Number Attorney’s Email Address

Licensee Information (Payer) Name (as shown on contracts, invoices, etc.) ROC License Number(s) Dynamic Trades Inc ROC 328944 Street Address City State Zip Code 4617 Weed Patch Ct Greenwood CA 95635 Phone Number Email Address

Name of Person(s) Representing License Andrew Klein Complaint Information Principal Amount Due (excluding interest and fees) Contract Date (if applicable) $14,700.00 July 7, 2022 Have you filed a civil complaint?

List all specific invoices which have not been paid. Attach additional pages if necessary. Retention payment

Certification I certify, upon information and belief, that the above-named licensee has failed to pay monies in excess of seven hundred fifty dollars when due for materials or services rendered in connection with the licensee’s operations as a contractor. I further certify, upon information and belief, that the above-named licensee has the capacity to pay, or has received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased. A.R.S. § 32-1154(A)(10). Printed Name Signature Date Paul B Bland Declaration & Signature I am the Complainant in this Complaint Form or Complainant’s duly authorized representative. I declare under penalty of perjury that the information contained in this Form is true and correct to the best of my knowledge. I further certify that any documents submitted in support of this complaint are true and correct copies of the originals and are accurate to the best of my knowledge. I will assist in the investigation or in the prosecution of the contractor or other parties, and will, if necessary, attend hearings and testify to facts. Printed Name Signature Date Paul B Bland CCO #003 Project: C20531 - TLE Goodyear 16450 W Yuma Rd Goodyear , Arizona 85338

Subcontract Change Order #003: CE #025 - AZ Framing CO CONTRACT COMPANY: AZ Framing & Remodeling LLC CONTRACT FOR: C20531-001:AZ Framing & Remodeling P.O Box 2973 Peoria, Arizona 85380

DATE CREATED: 12/20/2022 CREATED BY: Krystyn Tverberg (Dynamic Trades Inc.)

CONTRACT STATUS: Approved REVISION: 0

REQUEST RECEIVED LOCATION: FROM:

DESIGNATED REVIEWER: REVIEWED BY:

DUE DATE: REVIEW DATE: 12/20/2022

INVOICED DATE: PAID DATE:

REFERENCE: CHANGE REASON: Other

PAID IN FULL: No EXECUTED: No

ACCOUNTING METHOD: Amount Based SCHEDULE IMPACT:

FIELD CHANGE: No SIGNED CHANGE ORDER RECEIVED DATE:

TOTAL AMOUNT: $3,627.49

DESCRIPTION: CE #025 - AZ Framing CO

ATTACHMENTS:

CHANGE ORDER LINE ITEMS:

# Budget Code Description Amount 1-6.SUB Wood Plastics & Composites.Subcontractors $3,627.49 Grand Total: $3,627.49

The original (Contract Sum) $ 304,466.44 Net change by previously authorized Change Orders $ 0.00 The contract sum prior to this Change Order was $ 304,466.44 The contract sum will be increased by this Change Order in the amount of $ 3,627.49 The new contract sum including this Change Order will be $ 308,093.93 The contract time will not be changed by this Change Order.

AZ Framing & Remodeling LLC P.O Box 2973 Peoria, Arizona 85380

ProcoreGeneralContractorSignHere ProcoreGeneralContractorSignedDate ProcoreSubcontractorSignHere ProcoreSubcontractorSignedDate

SIGNATURE DATE SIGNATURE DATE

Page 1 of 1 Printed On: 12/20/2022 12 :43 PM INVOICE P.O Box 2973 Peoria, AZ 85380 DATE 1/15/2023 AZFramers.com INVOICE # 2023115 (623) 385-2044 CUSTOMER PO [email redacted] DATE DUE upon recpt

CUSTOMER Dynamic Trades 4617 Weed Patch Ct Greenwood, CA 95635 866-887-2337 www.dynamictrades.com [email redacted]

DESCRIPTION TAXED AMOUNT The Learning Experience 14,700.00 Retention

[42] Subtotal 14,700.00 TERMS AND CONDITIONS Taxable - 1. Customer will be billed after reciept of this invoice Tax rate 0.000% 2. Payment will be due by the date indicated above Tax due - 3. By signing, the customer acknowledges reciept of this invoice Other - Customer Acceptance (sign below): TOTAL $ 14,700.00

x ___________________________________________ Print Name:

If you have any questions about this invoice, please contact [email redacted] Thank You For Your Business!

CUSTOMER Dynamic Trades Inc 16450 W Yuma Road Goodyear, AZ 85338 530.368.6083 [email redacted]

DESCRIPTION TAXED AMOUNT Provide/ blocking for other trades hours x 7 guys 2,800.00 materials 827.49

Please see attached T&M ticket.

[42] Subtotal 3,627.49 TERMS AND CONDITIONS Taxable - 1. Customer will be billed after reciept of this invoice Tax rate 0.000% 2. Payment will be due by the date indicated above Tax due - 3. By signing, the customer acknowledges reciept of this invoice Other - Customer Acceptance (sign below): TOTAL $ 3,627.49

x ___________________________________________ Print Name:

If you have any questions about this invoice, please contact [email redacted] Thank You For Your Business!

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!911"##"$11%181&'()4*+4$302,-.(,!$(,!#+(!#9744*8087)8)0433,!(!#9744*8087)8)0433 *1* INVOICE P.O Box 2973 Peoria, AZ 85380 DATE 12/15/2022 AZFramers.com INVOICE # 121522 (623) 385-2044 CUSTOMER PO C20531-001 [email redacted] DATE DUE upon recpt

CUSTOMER Dynamic Trades Inc 16450 W Yuma Road Goodyear, AZ 85338 530.368.6083 [email redacted]

DESCRIPTION TAXED AMOUNT Provide/ blocking for other trades hours x 7 guys 2,800.00 materials 827.49

Please see attached T&M ticket.

x ___________________________________________ Print Name:

If you have any questions about this invoice, please contact [email redacted] Thank You For Your Business!

AZ Framing & Remodeling LLC, Case No. 2023-08767

COMPLAINANT, v. Dynamic Trades Inc. CITATION License No. ROC 328944,

RESPONDENT.

The Registrar issues this Citation to Dynamic Trades Inc. (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by September 9, 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 August 1, 2023, AZ Framing & Remodeling LLC (“Complainant”) filed a written complaint with the Registrar against Respondent. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating: Charge :1 A.R.S. § 32-1154(A)(10) - Failure by a licensee or agent or official of a licensee 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 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. 2023-08767. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted]

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 9, 2023. 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 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- 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 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 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 25, 2023. By: /s/Margaret Lindsey Margaret Lindsey Assistant General Counsel Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, August 25, 2023 to:

Respondent Certified Mail No: [number redacted]

Dynamic Trades Inc. 4617 Weed Patch Ct. Greenwood, CA 95635 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 Copy mailed by USPS First Class mail this same date to: Respondent Dynamic Trades Inc. 4617 Weed Patch Ct. Greenwood, CA 95635 Complainant AZ Framing & Remodeling LLC PO Box 2973 Peoria, AZ 85380 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. 2023-08767 / EJ

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 Non-Payment Complaint Form Departmental Use Only Complaint Number: Mail to: Registrar of Contractors P.O. Box 18243 Phoenix, AZ 85005-8243

Name of Attorney (if any)

Attorney’s Street Address City State Zip Code

Attorney’s Phone Number Attorney’s Email Address

List all specific invoices which have not been paid. Attach additional pages if necessary. Retention payment

Subcontract Change Order #003: CE #025 - AZ Framing CO CONTRACT COMPANY: AZ Framing & Remodeling LLC CONTRACT FOR: C20531-001:AZ Framing & Remodeling P.O Box 2973 Peoria, Arizona 85380

DATE CREATED: 12/20/2022 CREATED BY: Krystyn Tverberg (Dynamic Trades Inc.)

CONTRACT STATUS: Approved REVISION: 0

REQUEST RECEIVED LOCATION: FROM:

DESIGNATED REVIEWER: REVIEWED BY:

DUE DATE: REVIEW DATE: 12/20/2022

INVOICED DATE: PAID DATE:

REFERENCE: CHANGE REASON: Other

PAID IN FULL: No EXECUTED: No

ACCOUNTING METHOD: Amount Based SCHEDULE IMPACT:

FIELD CHANGE: No SIGNED CHANGE ORDER RECEIVED DATE:

TOTAL AMOUNT: $3,627.49

DESCRIPTION: CE #025 - AZ Framing CO

ATTACHMENTS:

CHANGE ORDER LINE ITEMS:

# Budget Code Description Amount 1-6.SUB Wood Plastics & Composites.Subcontractors $3,627.49 Grand Total: $3,627.49

AZ Framing & Remodeling LLC P.O Box 2973 Peoria, Arizona 85380

ProcoreGeneralContractorSignHere ProcoreGeneralContractorSignedDate ProcoreSubcontractorSignHere ProcoreSubcontractorSignedDate

SIGNATURE DATE SIGNATURE DATE

Page 1 of 1 Printed On: 12/20/2022 12 :43 PM INVOICE P.O Box 2973 Peoria, AZ 85380 DATE 1/15/2023 AZFramers.com INVOICE # 2023115 (623) 385-2044 CUSTOMER PO [email redacted] DATE DUE upon recpt

CUSTOMER Dynamic Trades 4617 Weed Patch Ct Greenwood, CA 95635 866-887-2337 www.dynamictrades.com [email redacted]

DESCRIPTION TAXED AMOUNT The Learning Experience 14,700.00 Retention

x ___________________________________________ Print Name:

If you have any questions about this invoice, please contact [email redacted] Thank You For Your Business!

CUSTOMER Dynamic Trades Inc 16450 W Yuma Road Goodyear, AZ 85338 530.368.6083 [email redacted]

DESCRIPTION TAXED AMOUNT Provide/ blocking for other trades hours x 7 guys 2,800.00 materials 827.49

Please see attached T&M ticket.

x ___________________________________________ Print Name:

If you have any questions about this invoice, please contact [email redacted] Thank You For Your Business!

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C52ÿD>EF92GÿH5FIJ>12GÿKLKMNLOPQP RSF1217G0>G50ÿT+U!"$V 5ÿ%#ÿ5ÿ3834ÿÿ2944ÿ W9ÿXÿY !ÿT"Z !U

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!911"##"$11%181&'()4*+4$302,-.(,!$(,!#+(!#9744*8087)8)0433,!(!#9744*8087)8)0433 31* 0121345ÿ78930ÿ ÿÿÿ ÿÿÿÿÿ383480

!911"##"$11%181&'()4*+4$302,-.(,!$(,!#+(!#9744*8087)8)0433,!(!#9744*8087)8)0433 41* 0121345ÿ78930ÿ ÿÿÿ ÿÿÿÿÿ383480

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CUSTOMER Dynamic Trades Inc 16450 W Yuma Road Goodyear, AZ 85338 530.368.6083 [email redacted]

DESCRIPTION TAXED AMOUNT Provide/ blocking for other trades hours x 7 guys 2,800.00 materials 827.49

Please see attached T&M ticket.

x ___________________________________________ Print Name:

If you have any questions about this invoice, please contact [email redacted] Thank You For Your Business!

Legal New Mail - AZROC <[email redacted]>

Written Answer Case No. 2023-08767 message

Emily Price <[email redacted]> Thu, Aug 31, 2023 at 11:44 AM To: "[email redacted]" <[email redacted]> Cc: Andrew Klein <[email redacted]>, Hannah DeYoung <[email redacted]>

Good morning,

I would like to apologize for the lack of a reply by the notice deadline. I was off for a time and somehow did not receive the email of the notification of complaint. I first became aware of this issue when I was forwarded the actual citation. I am preparing an answer as required and will have it turned in by the deadline of Sept 9th. However, I wanted to get this email out as soon as possible in case it changes the decision to the citation.

Request for Informal Settlement Conference: We request an informal settlement conference as explained in the citation.

AZ Framing's complaint is untimely and therefore moot:

1) Retainage is not yet owed. AZ Framing is claiming that we have not paid them retainage on the project. Retainage has not been paid to us yet on this project by the owner as the project has not reached substantial completion. We are requesting that they pay us partial retainage but they are not contractually obligated to do so until substantial completion and our request has not been approved yet. In the event that we are able to obtain partial retainage release prior to substantial completion we will pay AZ Framing within the statutorily required time frame.

Please find attached email from the Owner stating that the project is not at the substantial completion stage and that we have not been paid retainage on this project.

2) AZ Prompt Payment Statute From my reading of the A.R.C. §32-1181 et seq, only appears to show that we owe retainage within 7 days of being paid by the Owner. Please advise if there is a different payment term required by AZ law as we of course want to comply with any laws that apply on this project.

3) Disputed amount claimed owed in retainage While we do not dispute that retainage has not been paid to AZ Framing as it is not yet due for reasons explained above, we do dispute the amount of retainage that AZ Framing is claiming. From our calculations, the amount claimed by AZ Framing of $14,700.00 in retainage correlates to 10% of the contract balance after subtracting the amount we paid them upfront with no retention held, without taking into account either the approved change orders that added to the contract sum, nor the back charges of $4,225.00 that applied when they installed the wrong product (see emails attached showing their acknowledgement of their error). There was also an amount of $7,300.20 that AZ Framing overbilled above the final contract amount. After taking all these items into account, we owe them the amount of $8,492.57 in retainage which will be paid within 7 days of receiving the retainage payment from the Owner as required by law.

Please see attached files with payment substantiation and email change from AZ Framing acknowledging responsibility for the Hardie plank which did not conform to plans resulting in the backcharges.

Please contact me directly with any questions or concerns. I will be following up by sending a formal answer promptly as directed in the Citation.

Thank you,

Emily Price / Chief Legal Officer [email redacted] O 866.8.TRADES (1-866-887-2337) option 4 C 530-919-0515

https://mail.google.com/mail/b/AEoRXRRJbmmXZljVQieVYGZ8Wau-09OHlFbDywT0GojuCAslxsFk/u/0/?ik=d3afebeda9&view=pt&search=all&permthi… 1/2 9/1/23, 8:59 AM State of Arizona Mail - Written Answer Case No. 2023-08767 www.dynamictrades.com

This email message and all attachments thereto (“this message”) may contain information that is confidential or legally privileged. If you are not the intended recipient, you must notify the sender immediately, delete the original transmission and its attachments without reading or saving. You may not disclose or use the information in any way. Views expressed in this message are those of the individual sender, except where the message states otherwise. Dynamic Trades Inc. does not accept the responsibility for such views and opinions and this message should not be read as representing the views and opinions of Dynamic Trades Inc..

attachments AZ Framing-Contract_Payment Backup.pdf 1268K Email from Owner stating no retnation has been paid- Fwd_ TLE Yuma & Sarival, Goodyear.pdf 272K Email from Marilyn AZ Framing regarding backcharge responsibility for Hardie plank.pdf 385K

https://mail.google.com/mail/b/AEoRXRRJbmmXZljVQieVYGZ8Wau-09OHlFbDywT0GojuCAslxsFk/u/0/?ik=d3afebeda9&view=pt&search=all&permthi… 2/2 9/5/23, 8:14 AM State of Arizona Mail - Written Answer to Citation and Complaint Case No. 2023-08767 and request for informal mediation

Answers - AZROC <[email redacted]>

Written Answer to Citation and Complaint Case No. 2023-08767 and request for informal mediation message

Emily Price <[email redacted]> Fri, Sep 1, 2023 at 3:27 PM To: [email redacted] Cc: Andrew Klein <[email redacted]>, Hannah DeYoung <[email redacted]>, Noah Price <[email redacted]>, Nathan Seither <[email redacted]>

Good afternoon,

Please find attached Dynamic Trades, Inc.'s Written Answer to Citation and Complaint for Case No. 2023-08767.

We also would like to request informal mediation as detailed in the Citation.

Please confirm receipt and feel free to reach out to me directly if you have any questions.

Thank you,

Emily Price / Chief Legal Officer [email redacted] O 866.8.TRADES (1-866-887-2337) option 4 www.dynamictrades.com

Dynamic Trades, Inc. Written Answer to Citation and Complaint.pdf 2589K

https://mail.google.com/mail/b/AEoRXRTxqqrxaTO-KMKn68BAtaGg4qe6qdFkND_fYP1faYvKBuMv/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 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