2023A-09080-CHC-ROC Notice of Hearing and Packet MAILED
2023A-09080-CHC-ROC · Registrar of Contractors · 2024-01-23
REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Lisa Humphrey , Case No. 2023-09080 Docket No. 2023A-09080-CHC-ROC COMPLAINANT, NOTICE OF HEARING ON v. CONTESTED CASE
Crosby Home Services LLC License No. ROC 332263,
RESPONDENT.
This Notice of Hearing is issued under A.R.S. § 41-1092.05(D). HEARING INFORMATION The hearing is set for: March 5, 2024 1:00 PM Tammy Eigenheer 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 December 21, 2023.
SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED The complaint and citation allege that the Respondent committed the following act(s):
Charge: 1 A.R.S. § 32-1154(A)(3) - R4-9-108(a)
Charge: 2 A.R.S. § 32-1154(A)(22)
THE PARTIES TO THE ADMINISTRATIVE HEARING
Because Respondent is a licensee and is charged with an act(s) or omission(s) that is cause for the suspension or revocation of a license, Respondent is a party to this case and will be a party to the hearing. Because Complainant alleged Respondent committed an act(s) or omission(s) that is cause for the suspension or revocation of a license, Complainant is a party to this case and will be a party to the hearing.
Respondent and Complainant, as the parties to the hearing, will present evidence and
argument to the administrative law judge.
The Registrar’s assigned investigator will appear as a witness at the hearing.
RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney. A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented by an officer or employee if that person satisfies the conditions set forth in A.R.S. § 32- 1156(B).
CHANGE OF ADDRESS Each party must inform the Registrar and the Office of Administrative Hearings of any change of address within five (5) days of the change. A.R.S. § 41-1092.04.
HEARING PROCEDURES AND RULES The administrative hearing will be conducted in accordance with A.R.S. §§ 41-1092 to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and processes governing the administrative hearing. Copies of the statutes, rules, and articles regarding the administrative hearing process can be found at https://www.azoah.com/.
REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE The Registrar’s investigators, employees, and attorneys will appear at the hearing via video conference or telephone unless requested by a party to appear in-person. Requests for the Registrar’s investigators, employees, or attorneys to appear in-person must be filed with the Registrar and the Office of Administrative Hearings no later than seven (7) calendar days prior to the hearing date.
HEARING PACKET In the interests of administrative efficiency, the Registrar compiles and discloses
certain documents to the parties and the Office of Administrative Hearings. These documents
are attached to this Notice of Hearing as the “Hearing Packet.” If any party wishes to submit
additional evidence, they must do so during the hearing after completing a disclosure statement. See “Disclosure Statement” section below. SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS The parties to the hearing must be prepared to present evidence in support of their
case. If a party wants to obtain testimony from a witness or documents not in the party’s
possession, the party must prepare and file a written subpoena for the Administrative Law
Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a
subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com. The party seeking a subpoena must serve notice on all the parties to the hearing, and on the Registrar. A.R.S. § 41-1092.04.
DISCLOSURE STATEMENT At least seven calendar days before the hearing, each party must prepare and serve a
disclosure statement on all other parties, and file it with the Office of Administrative Hearings.
A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the
party will use at the hearing. A party’s failure to timely disclose any witness or exhibit, without good cause, may result in the administrative law judge excluding those witnesses or exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is available on the Registrar’s website at https://roc.az.gov/forms/RC-L-800A%20- %20Prehearing%20Disclosure%20Statement%2020191007v4.pdf
CHANGING THE HEARING DATE The date of the hearing may only be advanced or delayed on the agreement of the
parties or on a showing of good cause. A.R.S. § 41-1092.05(C). The date of the hearing may
be changed by filing a written agreement of the parties to change the date of the hearing. The
written agreement must be filed with the Office of Administrative Hearings, directed to the
assigned Administrative Law Judge, and transmitted to the Registrar and all other parties. The
assigned Administrative Law Judge may be found on the Office of Administrative Hearings’ web portal at www.azoah.com If a party would like to move the date of the hearing without agreement of all parties, the party must file a written motion with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmit a copy to the Registrar and all other parties.
The motion must state in detail good cause for why the date of the hearing should be advanced or delayed, and the position of all other parties regarding the advancement or delay. A party may also file a motion asserting a right to an expedited hearing upon a showing of extraordinary circumstances or the possibility of irreparable harm. A.R.S. § 41-1092.05(E).
RESOLUTION SHORT OF ADJUDICATION In any case which is resolved or settled by the parties, or which is withdrawn by the Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of the resolution or settlement. Any such cases will be listed on the Registrar’s website and its records under the category: “Closed Complaints – Resolved/Settled/Withdrawn.” Dated January 23, 2024.
By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail January 23, 2024 to: Respondent(s) Crosby Home Services LLC 9660 E Cinnabar Cir Prescott Valley, AZ 86314
Complainant(s) Lisa Humphrey 4474 E Turnberry Ct Gilbert, AZ 85298
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. 2023-09080 /
Katie Hobbs, Governor Martin Quezada, Director
Hearing Packet FAQ What is the Hearing Packet?
The Hearing Packet is a packet of certain documents collected or issued by the Registrar over the course of its investigation.
Who gets the Hearing Packet?
The Hearing Packet is assembled and distributed to all parties and to the Office of Administrative Hearings (“OAH”) prior to an administrative hearing.
What types of cases does the Registrar prepare a Hearing Packet for?
The Registrar prepares a Hearing Packet for Complainant-Handled Cases and No-Pay Cases. Note: If the Docket Number on the Notice of Hearing contains a “CHC” or “NPC”, your case is a Complainant-Handled Case or a No-Pay Case.
What is in the Hearing Packet?
The Hearing Packet contains essential case-specific documents and at a minimum will include the following documents:
● Original complaint;
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ
Katie Hobbs, Governor Martin Quezada, Director
● Citation; and ● Answer.
The Hearing Packet will also contain the following documents (if applicable):
● Jobsite inspection notices, notes, and photos; ● Written directives; and ● Compliance inspection notices, notes, and photos.
What if there are documents missing from the Hearing Packet?
If there is any evidence you submitted to the Registrar that are not included in the Hearing Packet it is your responsibility to introduce that evidence at the administrative hearing. Note: The administrative law judge assigned to your case does not have access to the entire Registrar record.
If there is additional evidence you submitted to the Registrar during the investigation that you also want to introduce as evidence during your hearing, it is your responsibility to:
● Properly disclose that evidence to the other party; and ● Introduce the evidence during your hearing.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ
Katie Hobbs, Governor Martin Quezada, Director
How do I disclose evidence I intend to use at a Hearing?
You must properly disclose any and all documents and witnesses you intend to use at your hearing according to the Registrar’s Prehearing Disclosure Rules. See Arizona Administrative Code Section R4-9-118.
A sample prehearing disclosure form and instructions are provided to the parties by the Registrar.
How do I obtain documents I previously submitted to the Registrar?
If you previously submitted documents to the Registrar and need a copy of these documents, please contact the Registrar’s Legal Department or submit a public records request at https://roc.force.com/AZRoc/s/roc-public-request.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ
Complainant: Lisa Humphrey 4474 E Turnberry Ct. GILBERT, AZ 85298
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: Crosby Home Services LLC 9660 E Cinnabar Circle Prescott Valley, AZ 86314
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 14, 2023
Jobsite Inspection Notice Re: Complaint Number 2023-09080
Dear Complainant and Respondent:
A formal complaint has been filed with the Arizona Registrar of Contractors.
A jobsite inspection is scheduled for September 11, 2023 at 10:00 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,
/s/ Jim Dimond #170 Jim Dimond #170, Investigator 1700 W. Washington St., Suite 105/Yavapai County Phoenix, Arizona, 85007 Phone: (602)542-1525 Office: (928)637-1463 Cell: (623)680-9585 Email: [email redacted]
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 A Guide to Jobsite Inspections
Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license alleging poor workmanship, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.
Jobsite Inspection Rights and Responsibilities Access to inspect: The property owner has complete control over who they allow on the property. However, if the Registrar’s investigator or the contractor cannot inspect the work, the Registrar will not move forward with a citation.
Cooperation: Arizona law enables injured parties to seek relief for damages through several paths. When dealing with a licensed contractor, the Registrar of Contractors’ administrative complaint process may serve as one of those possible paths. However, in order to use that path, the Registrar relies on the cooperation of all parties to a complaint.
Minimum workmanship: The Registrar investigates workmanship complaints for compliance with minimum workmanship and professional industry standards. The Registrar does not issue citations for work that meets these standards.
Scope: The scope of the Jobsite Inspection is limited to items listed in the complaint filed with the Registrar’s office. It is the complainant’s responsibility to point out the complaint item(s) and the Investigators role to review the item(s). If the complainant identifies additional workmanship items not listed in the original complaint, they must file an addendum to the complaint. The Registrar’s Investigator may identify additional administrative violations by the contractor (e.g. work performed out of scope of the license and failure to provide a contract that meets requirements set by Arizona law) at the time of the inspection.
The Role of the Investigator At the Jobsite Inspection, the Registrar’s investigator will: Only investigate the items listed on the complaint form filed with the Registrar. Will gather evidence to make an informed decision about the complaint items.
What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will leave the jobsite and review the evidence provided during the inspection. Generally, the investigator does not make any determination at the time of the jobsite inspection regarding whether the allegations listed in the complaint are supported. If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.
Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 A Guide to Written Directives Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.
What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will determine whether the allegations listed in the complaint are supported. If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.
Written Directives Access: In order to use the administrative process offered by the Registrar, a property owner must provide reasonable access to allow the contractor to fix their work as directed by the Registrar in a Written Directive. Complainants may not put any additional, unnecessary restrictions on the Respondent above and beyond the initial contract requirements agreed upon at the beginning of the project. Respondents are required to make repairs on items identified on any Written Directive, not otherwise restricted by local code or HOA limitations. Complainants must make access available to the Respondent to make the required repairs and failure to provide reasonable access may result in the Registrar dismissing the complaint.
Contractor obligations: The Written Directive will set a deadline for compliance. This is the period of time determined by the Investigator as necessary to complete the items listed in the Directive. The deadline for compliance assumes the contractor will promptly begin working on the items listed in the Directive. Do not wait. Both parties should communicate quickly to schedule the work.
Extensions: If good cause exists to extend this deadline, either party may submit a written request to the Investigator. The Registrar will review requests for extension and determine if the Directive should be extended.
Manner and method of performance: The Registrar does not provide specific instructions for how to correct poor work. A licensed contractor is expected to have the skill and professionalism to complete the work. Moreover, the complainant may not dictate the manner of repair. If the contractor fails to appropriately correct the work according to the contract, the Registrar will issue a citation.
Compliance Inspection: After the Written Directive expires, the Registrar’s Investigator will contact the complainant to determine if the contractor performed any corrective work. If the contractor did corrective work, the Investigator may schedule a Compliance Inspection to determine if the poor work is corrected. If the contractor did not perform any corrective work, the Registrar’s Investigator will not do a Compliance Inspection and will determine whether to issue a citation based on the administrative record.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Work performed after the directive ends: After the Directive period ends, a property owner may choose to allow the contractor to continue its work. The Registrar encourages parties to work cooperatively, but cannot require a homeowner to continue to allow a contractor access to the property after the Directive period ends in order for the administrative process to continue. Denying access after the Directive ends is not grounds to close or dismiss a complaint.
Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Jobsite Inspection Notes
Case No.: 2023-09080 Investigator: Jim Dimond Inspection Date: September 11, 2023 Inspection Time: 10:00 AM
Complainant: Lisa Humphrey Respondent: Crosby Home Services LLC Grant Humphrey, son Chris Crosby, Owner
Not Present: Not Present:
Jobsite General Notes:
At the inspection I took pictures with my state issued Google Pixel 6pro cellphone camera and I have uploaded the pictures to the complaint document file.
I also digitally recorded the inspection on my state issued Olympus DS-30 digital audio recorder and I have uploaded the audio recording to the complaint document file.
Complaint Item: 1 - Closet doors not sanded and painted with second coat
Investigator’s Observation: This is as stated. Most of the doors are outside on the patio leaning against a wall.
The respondent is to complete the pocket doors in an appropriate manner.
Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
Complaint Item: 2 - Closet doors not hung
Investigator’s Observation: As stated in item # 1, the doors are leaning against a wall
The respondent is to complete the pocket doors in an appropriate manner.
Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 3 - Bedroom doors not hung
Investigator’s Observation: The doors were rehung by the complainant.
With exception of the pocket doors.
The respondent is to complete the pocket doors in an appropriate manner.
Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 4 - Base moulding not installed in master bedroom and closet
Investigator’s Observation: The moulding is not complete and is stacked on the patio.
The respondent is to correct the condition in an appropriate 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
Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 5 - Base moulding not caulked throughout
Investigator’s Observation: Considering that the base board installation is incomplete, they are also not caulked.
The respondent is to correct the condition in an appropriate manner.
Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 6 - Floors not level, floor float never used but was charged
Investigator’s Observation: The parties disagree regarding the floating of the floor.
The bedroom that is alleged to have the issue did not exhibit the issues raised.
Governing Rule: A violation cannot be sustained regarding this item
Complaint Item: 7 - Bathroom 3 not floored at all
Investigator’s Observation: This is as stated.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
The respondent is to complete the bathroom in accordance with the contract
Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 8 - Doors won't close properly because floors not leveled
Investigator’s Observation: This was not demonstrated at the inspection.
Governing Rule: A violation cannot be sustained regarding this item
Complaint Item: 9 - Extensive paint overspray damage
Investigator’s Observation: There is overspray from painting some of the doors that is on the flagstone deck, the post and beams at the patio.
These items will likely be difficult to correct.
The parties relayed that there was a $7700 insurance payout.
If there is a cost difference regarding the overspray issues that is a financial dispute for a different venue.
The over spray issue is considered resolved for ROC purposes.
Governing Rule: A violation cannot be sustained regarding this item
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
Complaint Item: 10 - Closet doors were set up to spray paint outside and no masking or taping of property
Investigator’s Observation: There is overspray from painting some of the doors that is on the flagstone deck, the post and beams at the patio.
These items will likely be difficult to correct.
The parties relayed that there was a $7700 insurance payout.
If there is a cost difference regarding the overspray issues that is a financial dispute for a different venue.
The over spray issue is considered resolved for ROC purposes.
Governing Rule: A violation cannot be sustained regarding this item
Complaint Item: 11 - Paint overspray on flagstone patio
Investigator’s Observation: There is overspray from painting some of the doors that is on the flagstone deck, the post and beams at the patio.
These items will likely be difficult to correct.
The parties relayed that there was a $7700 insurance payout.
If there is a cost difference regarding the overspray issues that is a financial dispute for a different venue.
The over spray issue is considered resolved for ROC purposes.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
Governing Rule: A violation cannot be sustained regarding this item
Complaint Item: 12 - Paint overspray on stucco home exterior and stem walls
Investigator’s Observation: There is overspray from painting some of the doors that is on the flagstone deck, the post and beams at the patio.
These items will likely be difficult to correct.
The parties relayed that there was a $7700 insurance payout.
If there is a cost difference regarding the overspray issues that is a financial dispute for a different venue.
The over spray issue is considered resolved for ROC purposes.
Governing Rule: A violation cannot be sustained regarding this item
Complaint Item: 13 - Paint overspray on 4 cedar beams and cedar headers
Investigator’s Observation: This is as stated. There is white paint over sprayed on the dark stained beam and posts.
Governing Rule: A violation cannot be sustained regarding this item
Complaint Item: 14 - Landscape granite ruined with paint overspray
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
Investigator’s Observation: There is evidence supporting that a small amount of granite has been the subject of overspray
Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 15 - Paint overspray on multiple windows on the property
Investigator’s Observation: This is as stated on the south side of the home
There is overspray from painting some of the doors that is on the flagstone deck, the post and beams at the patio.
These items will likely be difficult to correct.
The parties relayed that there was a $7700 insurance payout.
If there is a cost difference regarding the overspray issues that is a financial dispute for a different venue.
The over spray issue is considered resolved for ROC purposes.
Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 16 - Jobsite waste and debris not removed
Investigator’s Observation: The debris has been removed 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
Governing Rule: A violation cannot be sustained regarding this item
Complaint Item: 17 - Laundry sink and faucet stained with paint
Investigator’s Observation: Per the complainant, this item was corrected prior to the inspection.
Governing Rule: A violation cannot be sustained regarding this item
Complaint Item: 18 - Contractor showed up to job site extremely impaired/intoxicated
Investigator’s Observation: This item could not be verified and is outside of ROC authority
Governing Rule: A violation cannot be sustained regarding this item
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: Lisa Humphrey 4474 E Turnberry Ct. GILBERT, AZ 85298
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: Crosby Home Services LLC 9660 E Cinnabar Circle Prescott Valley, AZ 86314
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 November 22, 2023
License No. ROC 332263
Re:Complaint No. 2023-09080
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 December 8, 2023.
RESTRICTIONS You may not perform or hire other contractors to perform work that is outside the scope of your license. If your license is currently suspended for administrative reasons1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.
DIRECTIVE REQUIREMENTS
You are directed to remedy the following violations by the appropriate means:
Compliance Item: 1 - Closet doors not sanded and painted with second coat
Investigator’s Observation: This is as stated. Most of the doors are outside on the patio leaning against a wall.
The respondent is to complete the pocket doors in an appropriate manner.
This means the license is suspended for lack of qualifying party, lack of bond, nonrenewal, Recovery Fund payout, or for any reason listed in A.R.S. § 32-1124(F). 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 2 - Closet doors not hung
Investigator’s Observation: As stated in item # 1, the doors are leaning against a wall
The respondent is to complete the pocket doors in an appropriate manner.
Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 3 - Bedroom doors not hung
Investigator’s Observation: The doors were rehung by the complainant.
With exception of the pocket doors.
The respondent is to complete the pocket doors in an appropriate manner.
Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Compliance Item: 4 - Base moulding not installed in master bedroom and closet
Investigator’s Observation: The moulding is not complete and is stacked on the patio.
The respondent is to correct the condition in an appropriate manner.
Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 5 - Base moulding not caulked throughout
Investigator’s Observation: Considering that the base board installation is incomplete, they are also not caulked.
The respondent is to correct the condition in an appropriate manner.
Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 7 - Bathroom 3 not floored at all
Investigator’s Observation: This is as stated.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 The respondent is to complete the bathroom in accordance with the contract
Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 14 - Landscape granite ruined with paint overspray
Investigator’s Observation: There is evidence supporting that a small amount of granite has been the subject of overspray
Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
ITEMS NOT REQUIRING CORRECTION
The following complaint items require no action by the Respondent:
Compliance Item: 6 - Floors not level, floor float never used but was charged
Investigator’s Observation: The parties disagree regarding the floating of the floor.
The bedroom that is alleged to have the issue did not exhibit the issues raised.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Governing Rule: A violation cannot be sustained regarding this item
Compliance Item: 8 - Doors won't close properly because floors not leveled
Investigator’s Observation: This was not demonstrated at the inspection.
Governing Rule: A violation cannot be sustained regarding this item
Compliance Item: 9 - Extensive paint overspray damage
Investigator’s Observation: There is overspray from painting some of the doors that is on the flagstone deck, the post and beams at the patio.
These items will likely be difficult to correct.
The parties relayed that there was a $7700 insurance payout.
If there is a cost difference regarding the overspray issues that is a financial dispute for a different venue.
The over spray issue is considered resolved for ROC purposes.
Governing Rule: A violation cannot be sustained regarding this item
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Compliance Item: 10 - Closet doors were set up to spray paint outside and no masking or taping of property
Investigator’s Observation: There is overspray from painting some of the doors that is on the flagstone deck, the post and beams at the patio.
These items will likely be difficult to correct.
The parties relayed that there was a $7700 insurance payout.
If there is a cost difference regarding the overspray issues that is a financial dispute for a different venue.
The over spray issue is considered resolved for ROC purposes.
Governing Rule: A violation cannot be sustained regarding this item
Compliance Item: 11 - Paint overspray on flagstone patio
Investigator’s Observation: There is overspray from painting some of the doors that is on the flagstone deck, the post and beams at the patio.
These items will likely be difficult to correct.
The parties relayed that there was a $7700 insurance payout.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 If there is a cost difference regarding the overspray issues that is a financial dispute for a different venue.
The over spray issue is considered resolved for ROC purposes.
Governing Rule: A violation cannot be sustained regarding this item
Compliance Item: 12 - Paint overspray on stucco home exterior and stem walls
Investigator’s Observation: There is overspray from painting some of the doors that is on the flagstone deck, the post and beams at the patio.
These items will likely be difficult to correct.
The parties relayed that there was a $7700 insurance payout.
If there is a cost difference regarding the overspray issues that is a financial dispute for a different venue.
The over spray issue is considered resolved for ROC purposes.
Governing Rule: A violation cannot be sustained regarding this item
Compliance Item: 13 - Paint overspray on 4 cedar beams and cedar headers
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Investigator’s Observation: This is as stated. There is white paint over sprayed on the dark stained beam and posts.
Governing Rule: A violation cannot be sustained regarding this item
Compliance Item: 15 - Paint overspray on multiple windows on the property
Investigator’s Observation: This is as stated on the south side of the home
There is overspray from painting some of the doors that is on the flagstone deck, the post and beams at the patio.
These items will likely be difficult to correct.
The parties relayed that there was a $7700 insurance payout.
If there is a cost difference regarding the overspray issues that is a financial dispute for a different venue.
The over spray issue is considered resolved for ROC purposes.
Governing Rule: A violation cannot be sustained regarding this item
Compliance Item: 16 - Jobsite waste and debris not removed
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Investigator’s Observation: The debris has been removed
Governing Rule: A violation cannot be sustained regarding this item
Compliance Item: 17 - Laundry sink and faucet stained with paint
Investigator’s Observation: Per the complainant, this item was corrected prior to the inspection.
Governing Rule: A violation cannot be sustained regarding this item
Compliance Item: 18 - Contractor showed up to job site extremely impaired/intoxicated
Investigator’s Observation: This item could not be verified and is outside of ROC authority
Governing Rule: A violation cannot be sustained regarding this item
Please direct all questions regarding this Directive to the undersigned Investigator.
Sincerely,
/s/ Jim Dimond #170 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Jim Dimond #170, Investigator 1700 W. Washington St., Suite 105/Yavapai County Phoenix, Arizona, 85007 Phone: (602)542-1525 Office: (928)637-1463 Cell: (623)680-9585 Email: [email redacted]
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 12/19/23, 5:10 PM State of Arizona Mail - 2023-09080
James Dimond <[email redacted]>
2023-09080 Chris Crosby <[email redacted]> Tue, Dec 5, 2023 at 4:01 PM To: James Dimond <[email redacted]>
Hello,
I disagree with this directive. The reasons are as follows:
1. Everything issued to be corrected would be a change order from our contracted work
2. We began painting doors based on a verbal agreement that it would be a change order and is now considered by the homeowner to not be a change order. This is a contract dispute not work that Crosby home services should be required to complete with no end resolution in place as it erroneously favors the homeowner.
3. We have already filed a lien on the property for not being paid for the completed work and an insurance settlement has been issued for damages.
4. The homeowner stated to the inspector that the only reason she filed a complaint was because of the lien filed on her property.
Another point of contention is that the homeowner has stated that even with an insurance settlement she still plans to take any extra payments they see fit off of the remaining balance that she acknowledges exists. I contest every correction issued in the directive is either a contested change order or something plainly not included in the contract or any verbal agreement rendering this whole situation more of a contract dispute then a lack of workmanship standards
Chris Crosby Crosby Home Services (928)458-6803
On Nov 22, 2023, at 5:06 PM, James Dimond <[email redacted]> wrote:
[Quoted text hidden] <20231122-Written Directive-2023-09080.pdf>
https://mail.google.com/mail/u/0/?ik=6fd2afdf83&view=pt&search=all&permmsgid=msg-f:[number redacted]&simpl=msg-f:[number redacted] 1/1 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Lisa Humphrey, Case No. 2023-09080 COMPLAINANT, v.
Crosby Home Services LLC, CITATION License No. ROC 332263,
RESPONDENT.
The Registrar issues this Citation to Crosby Home Services LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by January 5, 2024, then under A.R.S. § 32-1155(C), Respondent’s failure to answer may be deemed an admission of the act or acts charged in the underlying complaint, and the Registrar may then suspend or revoke Respondent’s license(s). THE WRITTEN COMPLAINT On August 8, 2023, Lisa Humphrey (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating: Charge :1 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
of 5 1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Charge :2 A.R.S. § 32-1154(A)(22) Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a reasonable period of time after receiving a written directive from the Registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held. If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F). FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2023-09080. 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, AZ 85007-2812 Mail: P.O. Box 18244, Phoenix, AZ 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
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 Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than January 5, 2024. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41-
of 5 1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated December 21, 2023 By: /s/ Katelyn Rolling Katelyn Rolling Legal Assistant II Legal Department Arizona Registrar of Contractors
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 of the foregoing mailed by Certified Mail, Return Receipt Requested, December 21, 2023 to:
Respondent Certified Mail No: [number redacted]
Crosby Home Services LLC 9660 E Cinnabar Cir Prescott Valley, AZ 86314 Copy mailed by USPS First Class Mail this same date to: Respondent Crosby Home Services LLC 9660 E Cinnabar Cir Prescott Valley, AZ 86314 Complainant Lisa Humphrey 4474 E Turnberry Ct Gilbert, AZ 85298
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. 2023-09080
of 5 1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees
Person Filing Complaint Full Name (First Middle Last) Business Name (if a licensed contractor or supplier) ROC License Number(s) (if any)
Lisa Humphrey Mailing Address (Enter jobsite in Contract/Project section) City State Zip
4474 E Turnberry Ct. GILBERT Arizona 85298 Phone Number Email
[number redacted] [email redacted] I consent to receive communications electronically in connection with this case Name of Attorney (if any)
Street Address of Attorney City State Zip
Phone Number of Attorney Email of Attorney
Contractor Information Name (as shown on contract/invoice) ROC License Number(s)
Crosby Home Services LLC ROC 332263 Street Address City State Zip
9660 E Cinnabar Circle Prescott Valley AZ 86314 Phone Number Email
[number redacted] [email redacted] Name of Person(s) Representing License
Chris Crosby;Shawn Contract/Project Information Contract Date Contract Amount Amount Paid
May 31, 2023 $19,000.00 $9,500.00 Date Work Started Date Work Stopped Date Work Was Completed
June 14, 2023 July 6, 2023 Close of Escrow (New Home) Move-In Date (New-Home)
Jobsite Street Address City State Zip
3855 W Ravenguard Rd Paulden AZ 86334 Name of Construction Site Owner Construction Site Name (if applicable)
Phone Number of Construction Site Owner Email of Construction Site Owner
[email redacted] This complaint is for Poor Work;Other I have contacted the contractor by Phone/Text;Email Have you filed a complaint in court? No Has any work been corrected? No
RCC099 12/05/18 Page 1 of 2 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees
The contract was Both All change orders were N/A This project was Residential This project involved Remodel
A building permit was obtained by N/A List and briefly describe each complaint item (Please do not write "see attached" or use additional pages unless necessary to further describe issues or list more complaint items) (limited to 100 characters per line)
Closet doors not sanded and painted with second coat Closet doors not hung Bedroom doors not hung Base moulding not installed in master bedroom and closet Base moulding not caulked throughout Floors not level, floor float never used but was charged Bathroom 3 not floored at all Doors won't close properly because floors not leveled Extensive paint overspray damage Closet doors were set up to spray paint outside and no masking or taping of property Paint overspray on flagstone patio Paint overspray on stucco home exterior and stem walls Paint overspray on 4 cedar beams and cedar headers Landscape granite ruined with paint poverspray Paint overspray on multiple windows on the property Jobsite waste and debris not removed Laundry sink and faucet stained with paint Contractor showed up to job site extremely impaired/intoxicated
Signature I declare under penalty of perjury that the information and documents contained on this Complaint Form, included with this complaint, or hereafter submitted in support of this complaint are true and accurate to the best of my knowledge. I will assist in the investigation or in the prosecution of the contractor or other parties, and will, if necessary, attend hearings and testify to facts. Printed Name Signature Date
Lisa Humphrey \complainant1\ \complainantd1\
RCC099 12/05/18 Page 2 of 2 Crosby Home Services Complaint Explana6on
We contacted Crosby Home Services to quote a remodel project for us at 3855 W. Ravenguard Rd. Paulden, AZ 86334. Chris Crosby sent his lead representa6ve, named Shawn, to walk the project and discuss the job. Shawn indicated that our es6mate would include removal of exis6ng flooring, floa6ng and leveling floors, installa6on of new flooring purchased by home owner, installa6on of new baseboards purchased by home owner, pain6ng of all rooms involved, including ceilings, trim and doors, and replacement of exis6ng switches and electrical outlets and plates in rooms involved in project. We were later sent an es6mate by Chris Crosby (see aNached file) and we paid half upfront with the understanding that the other half would be paid upon comple6on. 3 days into our job, Shawn, the foreman, quit. This problem set back our 6meline and led to much confusion. Other trades (painter, flooring installers) were sent out, but work was not completed by July 4, as was originally agreed upon. We reached out to Chris Crosby on July 6 to ask when the project would be complete. He said “I will come finish it now.” He showed up on the jobsite cleary impaired/intoxicated in some way. Laid out the closet doors to spray with paint without masking anything off in the wind, and consequently caused extensive damage to large amounts of the exterior of our home. Realizing that Mr. Crosby was obviously impaired and unsafe to work, we sent him away and refused to have him back on our property. In fact, Mr. Crosby filed a claim with his own insurance company, who is in the process of sending us a check in the amount of $7,640 to repair the damages caused by Chris Crosby. In addi6on to now being required to have repairs completed, and we do not yet know what the actual costs will be for repairs, we are also le_ with an unfinished job as well as sub-par workmanship on por6ons that were completed.
A_er we pulled Mr. Crosby off the jobsite on July 6, he sent mul6ple change orders on July 7 for work that we had understood verbally were included in the original contract. We never agreed to the change orders or the charges involved, and never saw them at all un6l a_er we removed him from our job. AZ-ALCORN PUMP AND FILTRATION 3000 W Shadow Valley Ranch Rd Prescott, AZ 86305-6930 US [email redacted]
ADDRESS Estimate 1339 Lisa Humphrey 3855 W Ravenguard RD Paulden, AZ 86334 DATE 04/26/2023
EXPIRATION DATE 05/03/2023
TECHNICIAN Jennifer Alcorn - Owner/Manager
DATE PRODUCT/SERVICE DESCRIPTION QTY RATE AMOUNT
MS1 Filtration System for Arsenic to get 1 0.00 0.00 below EPA Limit FRO 24K RO Whole House Filter Unit | 1 9,254.00 9,254.00T ~4000 GPD FF9 1.5 CU Back Washing Filter - Clack 1 2,255.20 2,255.20T Valve FM15 Katalox Lite 1.50 324.82 487.23T MF1 IWP 12K-24K Anti-Scalant Injection 1 1,634.48 1,634.48T W/Ldo5 110VAC Pump/15GAL Chemical Tank | 1Gal of Anti- Scalant 2X MTO MP1 Misc. Plumbing | Pex/Brass/ Sch 80 1 1,250.00 1,250.00T PVC | Backwash | Valves | Mainfold | 1/4''-2'' ME1 Misc. Electrical | Conduit and wiring 1 2,500.00 2,500.00T RL1 Advanced Install Labor 3 Man Crew 8 185.00 1,480.00
This is an Estimate (Not a bid!) SUBTOTAL 18,860.91 TAX 1,103.69 ESTIMATE'S ARE SUBJECT TO CHANGE DUE TO SITE CONDITIONS, WATER QUALITY, AND/OR OTHER.
Alcorn Pump and Filtration will bring any change orders to the customer 1st recive authorization.
The CUSTOMER agrees to pay any final charges that are invoiced to the CUSTOMER after the work is completed.
Labor and Misc. sections are subject to change depending on the time it takes to complete the estimated job and the Misc. parts that were used.
When the job is finished, we will adjust the Estimate and or invoice to align with the TIME the job took to complete, and the Misc. total of parts used. These sections are the only section that can at times change without an approved estimate by the customer 1st.
To accept this estimate please sign and return to Alcorn Pump
For questions, please contact the office and thank you for giving Alcorn Pump and Filtration the chance to serve you and your family.
TOTAL $19,964.60
Accepted By Accepted Date ESTIMATE Service Address Prepared For
3855 W Ravenguard Lisa Humphrey Paulden , AZ 86334 4474 e turnberry ct Gilbert, AZ 85298 (480) 628-5097
Crosby Home Services LLC Estimate # 2267 Date 05/31/2023 9660 E Cinnabar Circle Prescott Valley, Arizona 86314 Business / Tax # ROC 332263 Phone: (928) 458-6803 Email: [email redacted] Web: Crosbyhomeservices.com
Description Total
Scope of service $19,000.00 Float concrete, float floor, install vapor barrier as needed, install floating laminate floor. Approximately 1000 square feet.
Remove flooring that was installed by others.
Float out concrete for an even surface
Install vapor barrier/seal as required by manufacturer recommendation
Install customer supplied flooring per manufacturer recommendations
Materials estimated $8000 Labor estimated $11,000
Work to begin the week of June 12th Expected to be completed 3 weeks after start
Subtotal $19,000.00
Total $19,000.00
Payment Schedule
Deposit (50%) $9,500.00 completion (50%) $9,500.00
Lisa Humphrey
Legal New Mail - AZROC <[email redacted]>
Response to citation 2023-09080 message
Crosby Home services <[email redacted]> Thu, Jan 4, 2024 at 12:09 PM To: [email redacted]
Hello, here is the response to citation 2023-09080 for Crosby Home Services.
The roc inspector did not note in his report that during the site visit with the complaintant and contractor that complaintants son told us to not install the baseboard in the master closet.
We were never contracted in writing or verbally to hang or modify doors but issued a corrective order on this.
Complaintant also stated that the only reason for the roc complaint was because a lien was filed for lack of payment
All of the contracted work was completed and no corrective order was issued for completed work in question. The corrective orders are for things would require a change order to be issued
Thank you
-- Crosby Home Services (928)458-6803 [email redacted] crosbyhomeservices.com 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