2023A-09090-CHC-ROC Notice of Hearing and Packet MAILED

2023A-09090-CHC-ROC · Registrar of Contractors · 2024-01-25

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Rob Greve , Case No. 2023-09090 COMPLAINANT, Docket No. 2023A-09090-ROC v. NOTICE OF HEARING ON CONTESTED CASE Luxe Development Group Inc DBA: Arizona Garage Builders License No. ROC 312646, 324941,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

March 8, 2024 9:00 AM Velva Moses-Thompson Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

If you have requested to appear in-person at the hearing, the hearing will

be held at 1740 W Adams Street, Phoenix, AZ 85007.

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

STATEMENT OF LEGAL AUTHORITY AND JURISDICTION The State of Arizona has determined that the licensing and regulation of construction contractors is a proper state function, and has vested authority in the Registrar of Contractors

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

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

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

The statutes and rules governing the hearing can be found at: Arizona Revised Statutes §§ 41-1092 to -1092.12, and Arizona Administrative Code R2-19-101 to -122. PARTICULAR ARIZONA STATUTES AND RULES INVOLVED The statutes and rules the Respondent is alleged to have violated are cited in the complaint and citation, which were served on the Respondent on 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 25, 2024.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail January 25, 2024 to: Respondent(s) Luxe Development Group Inc DBA: Arizona Garage Builders 20866 W Werner Pl Buckeye, AZ 85396 Jason A. Clark, Esq. 6730 N Scottsdale Rd Ste101 Scottsdale, AZ 85253

Complainant(s) Rob Greve 3655 W Anthem Way Anthem, AZ 85086

Copy sent electronically this same date to:

Respondent at email address on record with the Registrar Respondent’s Attorney at email address of record with Registrar Complainant at email address on record with the Registrar

Case No. 2023-09090 /

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: Rob Greve 3655 W Anthem Way Anthem, AZ 85086

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: Luxe Development Group Inc DBA: Arizona Garage Builders 20866 W Werner Pl Buckeye, AZ 85396

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 15, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-09090

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for August 29, 2023 at 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, Joey Chester Joey Chester, Investigator 602 7716737 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov 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. 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.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Complaint #2023-09090 P 1 JSI date 8/30/2023 at 12:00 PM JSI PHOTOS Complaint #2023-09090 P 2 JSI date 8/30/2023 at 12:00 PM JSI PHOTOS Complaint #2023-09090 P 3 JSI date 8/30/2023 at 12:00 PM JSI PHOTOS Complaint #2023-09090 P 4 JSI date 8/30/2023 at 12:00 PM JSI PHOTOS Complaint #2023-09090 P 5 JSI date 8/30/2023 at 12:00 PM JSI PHOTOS Complaint #2023-09090 P 6 JSI date 8/30/2023 at 12:00 PM JSI PHOTOS Complaint #2023-09090 P 7 JSI date 8/30/2023 at 12:00 PM JSI PHOTOS Complaint #2023-09090 P 8 JSI date 8/30/2023 at 12:00 PM JSI PHOTOS Complaint #2023-09090 P 9 JSI date 8/30/2023 at 12:00 PM JSI PHOTOS Complaint #2023-09090 P 10 JSI date 8/30/2023 at 12:00 PM JSI PHOTOS Complaint #2023-09090 P 11 JSI date 8/30/2023 at 12:00 PM JSI PHOTOS Complaint #2023-09090 P 12 JSI date 8/30/2023 at 12:00 PM JSI PHOTOS Complaint #2023-09090 P 13 JSI date 8/30/2023 at 12:00 PM JSI PHOTOS Complaint #2023-09090 P 14 JSI date 8/30/2023 at 12:00 PM JSI PHOTOS Complaint #2023-09090 P 15 JSI date 8/30/2023 at 12:00 PM JSI PHOTOS Complaint #2023-09090 P 16 JSI date 8/30/2023 at 12:00 PM JSI PHOTOS Complaint #2023-09090 P 17 JSI date 8/30/2023 at 12:00 PM JSI PHOTOS Complaint #2023-09090 P 18 JSI date 8/30/2023 at 12:00 PM JSI PHOTOS Complaint #2023-09090 P 19 JSI date 8/30/2023 at 12:00 PM JSI PHOTOS Complaint #2023-09090 P 20 JSI date 8/30/2023 at 12:00 PM JSI PHOTOS Complaint #2023-09090 P 21 JSI date 8/30/2023 at 12:00 PM JSI PHOTOS Complaint #2023-09090 P 22 JSI date 8/30/2023 at 12:00 PM JSI PHOTOS Complaint #2023-09090 P 23 JSI date 8/30/2023 at 12:00 PM JSI PHOTOS Complaint #2023-09090 P 24 JSI date 8/30/2023 at 12:00 PM JSI PHOTOS Complaint #2023-09090 P 25 JSI date 8/30/2023 at 12:00 PM JSI PHOTOS Complaint #2023-09090 P 26 JSI date 8/30/2023 at 12:00 PM JSI PHOTOS Complaint #2023-09090 P 27 JSI date 8/30/2023 at 12:00 PM JSI PHOTOS Complaint #2023-09090 P 28 JSI date 8/30/2023 at 12:00 PM JSI PHOTOS Complaint #2023-09090 P 29 JSI date 8/30/2023 at 12:00 PM JSI PHOTOS Complaint #2023-09090 P 30 JSI date 8/30/2023 at 12:00 PM JSI PHOTOS Complaint #2023-09090 P 31 JSI date 8/30/2023 at 12:00 PM JSI PHOTOS Complaint #2023-09090 P 32 JSI date 8/30/2023 at 12:00 PM JSI PHOTOS Complaint #2023-09090 P 33 JSI date 8/30/2023 at 12:00 PM JSI PHOTOS Complaint #2023-09090 P 34 JSI date 8/30/2023 at 12:00 PM JSI PHOTOS Complaint #2023-09090 P 35 JSI date 8/30/2023 at 12:00 PM JSI PHOTOS Complaint #2023-09090 P 36 JSI date 8/30/2023 at 12:00 PM JSI PHOTOS Complaint #2023-09090 P 37 JSI date 8/30/2023 at 12:00 PM JSI PHOTOS Complaint #2023-09090 P 38 JSI date 8/30/2023 at 12:00 PM JSI PHOTOS Complaint #2023-09090 P 39 JSI date 8/30/2023 at 12:00 PM JSI PHOTOS Complaint #2023-09090 P 40 JSI date 8/30/2023 at 12:00 PM JSI PHOTOS Complaint #2023-09090 P 41 JSI date 8/30/2023 at 12:00 PM JSI PHOTOS Complaint #2023-09090 P 42 JSI date 8/30/2023 at 12:00 PM JSI PHOTOS Complaint #2023-09090 P 43 JSI date 8/30/2023 at 12:00 PM JSI PHOTOS Complaint #2023-09090 P 44 JSI date 8/30/2023 at 12:00 PM JSI PHOTOS Complaint #2023-09090 P 45 JSI date 8/30/2023 at 12:00 PM JSI PHOTOS Complaint #2023-09090 P 46 JSI date 8/30/2023 at 12:00 PM JSI PHOTOS Complaint #2023-09090 P 47 JSI date 8/30/2023 at 12:00 PM JSI PHOTOS Complaint #2023-09090 P 48 JSI date 8/30/2023 at 12:00 PM JSI PHOTOS Complaint #2023-09090 P 49 JSI date 8/30/2023 at 12:00 PM JSI PHOTOS Complaint #2023-09090 P 50 JSI date 8/30/2023 at 12:00 PM JSI PHOTOS Complaint #2023-09090 P 51 JSI date 8/30/2023 at 12:00 PM JSI PHOTOS Complaint #2023-09090 P 52 JSI date 8/30/2023 at 12:00 PM JSI PHOTOS Complaint #2023-09090 P 53 JSI date 8/30/2023 at 12:00 PM JSI PHOTOS Complaint #2023-09090 P 54 JSI date 8/30/2023 at 12:00 PM JSI PHOTOS Complaint #2023-09090 P 55 JSI date 8/30/2023 at 12:00 PM JSI PHOTOS Complaint #2023-09090 P 56 JSI date 8/30/2023 at 12:00 PM JSI PHOTOS Complaint #2023-09090 P 57 JSI date 8/30/2023 at 12:00 PM JSI PHOTOS Complaint #2023-09090 P 58 JSI date 8/30/2023 at 12:00 PM JSI PHOTOS Jobsite Inspection Notes

Case No.: 2023-09090 Investigator: Joey Chester Inspection Date: August 29, 2023 Inspection Time: 10:00 AM

Complainant: Rob Greve Respondent: Luxe Development Not Present: Group Inc Not Present:

Jobsite General Notes: JSI occurred on Wednesday August 30th 2023 at 12:00pm. Homeowners Rob and Anne Greve was present along with Kyle and Josh from Luxe Development and Alan Shelton from Shelton Consulting Group. JSI photos taken with my Google Pixel Phone camera. JSI audio recorded with my Google Pixel Phone camera. JSI photos and audio have been placed into the ROC complaint file.

Complaint Item 1: Front porch area was patched and covered with epoxy. Repair failed crack resurfaced Investigator’s Observation: Unable to verify, no evidence to prove or verify complaint item constitutes poor work due to the complaint item being modified prior to the JSI, ARS §32-1155 (D)(2) Governing Rule: N/A

Complaint Item 2: A long crack has occurred in the shop middle bay that has caused damage to the epoxy flooring Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 3: Exterior windows have gaps and cracks around frames Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards. 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 4: Exterior crack forming at roof parapet wall RV and middle bay. Foundation is under review Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 5: Owner has structural engineer reviewing design/GPR evaluation for reinforcement Investigator’s Observation: This is a general statement and does not implicate a specific workmanship issue. It therefore and cannot be evaluated by the ROC. Governing Rule: N/A

Complaint Item 6: Interior wall cracking @ RV and middle bay – large patch not finished. Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 7: Front door not finished – missing inserts on both doors Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 8: Window closest to kitchen is extremely hard to open – rubbing on jam, all window locks stick Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 9: Garage door on bay 1 will not shut properly will not close consistently Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

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: All garage doors have large gaps at the bottom allowing air, rain, dirt and rodent inside Investigator’s Observation: At time of inspection, trim on garage doors are not secure, respondent will need to correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 11: RV garage door has large gap at the top and bottom- Wind is blowing light covers off ceiling Investigator’s Observation: During inspection one light cover was off, respondent to investigate and correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 12: Weather stripping around garage doors are damaged unfinished poor workmanship not painted Investigator’s Observation: At time of inspection side weather stripping pulling off and needs to be painted, respondent to correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 13: Concrete foundation has numerous nails sticking out need to be grinded and patched Investigator’s Observation: Multiple nails coming from the foundation walls need to be removed, respondent to correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 14: Roof has evidence of ponding in low placed. Low spots around roof penetrations, scuppers, cracks and holes. Evidence of ponding water at scuppers. Investigator’s Observation: There is insufficient evidence to prove the allegation. No correction is required by the Respondent. Governing Rule: N/A

Complaint Item 15: Contractor repaired flooding water heater on 4/15 – water heater still has small leak Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

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 16: TPR drain on water heater has been capped, valve does not function EXTREMELY DANGEROUS Investigator’s Observation: During inspection complainant could not move valve, respondent to inspect and correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 17: Exterior hose bibs require anti-siphon devices Investigator’s Observation: At time of inspection, no deficiency observed or demonstrated. Governing Rule: N/A

Complaint Item 18: Light covers in RV bay keep falling off from wind blowing through garage door. Investigator’s Observation: Same complaint as #11 Governing Rule: N/A

Complaint Item 19: AC primary line is not secure needs to be extended to scupper Investigator’s Observation: During inspection the drain line is unsecured, respondent needs to fix by appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 20: Numerous locations inside casita and shop where drywall has been patched poorly. Not painted Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 21: Baseboards need caulking and paint trim casita and shop random locations Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 22: Kitchen countertops were fabricated 6” short due to the unfinished cabinets (missing parts) Investigator’s Observation: Respondent acknowledge issue and correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards. 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 23: Kitchen crown molding at miters are done poor workmanship gaps filled with white filler hastily Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 24: Cabinets have started to delaminate Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 25: Bathroom barn door is rubbing on wall causing damage to drywall and paint Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 26: Laundry bi-fold door rubbing – header trim never painted, trim is too short – no knobs - paint Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 27: Garage access door weather stripping need to be correct length Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

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: Rob Greve 3655 W Anthem Way Anthem, AZ 85086

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: Luxe Development Group Inc DBA: Arizona Garage Builders 20866 W Werner Pl Buckeye, AZ 85396

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 September 7, 2023

License No. ROC 312646

Re:Complaint No. 2023-09090

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on September 29, 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 reasons 1, 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:

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 Complaint Item 3: Exterior windows have gaps and cracks around frames Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complaint Item 10: All garage doors have large gaps at the bottom allowing air, rain, dirt and rodent inside Investigator’s Observation: At time of inspection, trim on garage doors are not secure, respondent will need to correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complaint Item 19: AC primary line is not secure needs to be extended to scupper Investigator’s Observation: During inspection the drain line is unsecured, respondent needs to fix by appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complaint Item 25: Bathroom barn door is rubbing on wall causing damage to drywall and paint Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complaint Item 14: Roof has evidence of ponding in low placed. Low spots around roof penetrations, scuppers, cracks and holes. Evidence of ponding water at scuppers. Investigator’s Observation: There is insufficient evidence to prove the allegation. No correction is required by the Respondent. Governing Rule: N/A

Complaint Item 17: Exterior hose bibs require anti-siphon devices Investigator’s Observation: At time of inspection, no deficiency observed or demonstrated. Governing Rule: N/A

Complaint Item 18: Light covers in RV bay keep falling off from wind blowing through garage door. Investigator’s Observation: Same complaint as #11 Governing Rule: N/A

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

Sincerely,

Joey Chester Joey Chester, Investigator 602 7716737 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complainant: Rob Greve 3655 W Anthem Way Anthem, AZ 85086

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 Respondent: Luxe Development Group Inc DBA: Arizona Garage Builders 20866 W Werner Pl Buckeye, AZ 85396

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 October 2, 2023

Compliance Jobsite Inspection Notice Re: Complaint No. 2023-09090

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for October 19, 2023 at 10:00 AM to determine the current status of the items listed on the issued Directive.

The Complainant is required to be present for this inspection. The Respondent is encouraged to be present but is not required to attend.

Complainant: SAFE ACCESS IS REQUIRED TO ANY AREA TO BE INSPECTED.

Sincerely,

Joey Chester Joey Chester, Investigator 602 7716737 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 Complaint #2023-09090 P 1 CJSI date 12/13/2023 at 12:00pm CJSI PHOTOS Complaint #2023-09090 P 2 CJSI date 12/13/2023 at 12:00pm CJSI PHOTOS Complaint #2023-09090 P 3 CJSI date 12/13/2023 at 12:00pm CJSI PHOTOS Complaint #2023-09090 P 4 CJSI date 12/13/2023 at 12:00pm CJSI PHOTOS Complaint #2023-09090 P 5 CJSI date 12/13/2023 at 12:00pm CJSI PHOTOS Complaint #2023-09090 P 6 CJSI date 12/13/2023 at 12:00pm CJSI PHOTOS Complaint #2023-09090 P 7 CJSI date 12/13/2023 at 12:00pm CJSI PHOTOS Complaint #2023-09090 P 8 CJSI date 12/13/2023 at 12:00pm CJSI PHOTOS Complaint #2023-09090 P 9 CJSI date 12/13/2023 at 12:00pm CJSI PHOTOS Complaint #2023-09090 P 10 CJSI date 12/13/2023 at 12:00pm CJSI PHOTOS Complaint #2023-09090 P 11 CJSI date 12/13/2023 at 12:00pm CJSI PHOTOS Complaint #2023-09090 P 12 CJSI date 12/13/2023 at 12:00pm CJSI PHOTOS Complaint #2023-09090 P 13 CJSI date 12/13/2023 at 12:00pm CJSI PHOTOS Complaint #2023-09090 P 14 CJSI date 12/13/2023 at 12:00pm CJSI PHOTOS Complaint #2023-09090 P 15 CJSI date 12/13/2023 at 12:00pm CJSI PHOTOS Complaint #2023-09090 P 16 CJSI date 12/13/2023 at 12:00pm CJSI PHOTOS Complaint #2023-09090 P 17 CJSI date 12/13/2023 at 12:00pm CJSI PHOTOS Complaint #2023-09090 P 18 CJSI date 12/13/2023 at 12:00pm CJSI PHOTOS Complainant: Rob Greve 3655 W Anthem Way Anthem, AZ 85086

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Respondent: Luxe Development Group Inc DBA: Arizona Garage Builders 20866 W Werner Pl Buckeye, AZ 85396

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Case No.: 2023-09090 Investigator: Joey Chester Inspection Date: October 19, 2023 Inspection Time: 12:00 PM

Compliance Jobsite General Notes: Compliance inspection occurred on Wednesday December 13, 2023 at 12:00pm. Homeowner Rob Greve was present along with Jeff and another employee with Luxe Development Group. CJSI photos taken with my Google Pixel Phone camera. CJSI audio recorded with my Google Pixel Phone camera. CJSI photos and audio have been placed into the ROC complaint file.

Compliance Findings:

Complaint Item: All garage doors have large gaps at the bottom allowing air, rain, dirt and rodent inside Investigator’s Observation: Areas at bottom of garage door still have gap between the wall and the garage door where water is protruding.

Complaint Item: Numerous locations inside casita and shop where drywall has been patched poorly. Not painted Investigator’s Observation: During the CJSI the drywall is still showing a crack in the ceiling which had not been fixed.

Complaint Item: Bathroom barn door is rubbing on wall causing damage to drywall and paint Investigator’s Observation: During inspection the wall has been corrected and is no longer rubbing on wall, the door is having issues staying closed.

Note:

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 If all items are corrected after receipt of this letter, please notify the Registrar’s legal department by sending a notice of compliance signed by the complainant to fax number (602) 364-0416 or by mail to: Arizona Registrar of Contractors, P.O. Box 18244, Phoenix, Arizona 85005-8244. Sincerely,

Joey Chester Joey Chester, Investigator 602 7716737 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

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

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

Rob Greve, Case No. 2023-09090 COMPLAINANT, v. Luxe Development Group Inc., CITATION DBA: Arizona Garage Builders License No. ROC 312646, 324941,

RESPONDENT.

The Registrar issues this Citation to Luxe Development Group Inc. DBA: Arizona

Garage Builders (“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 7, 2023, Rob Greve (“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

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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. 2023-09090. 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] 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 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 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 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 informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any 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. 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 Dated December 21, 2023. By: /s/ Tedi Quezada Tedi Quezada Legal Assistant Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, December 21, 2023 to:

Respondent Certified Mail No: [number redacted]

Luxe Development Group Inc. DBA: Arizona Garage Builders 20866 W Werner Pl Buckeye, AZ 85396

Copy mailed by USPS First Class mail this same date to: Respondent Luxe Development Group Inc. DBA: Arizona Garage Builders 20866 W Werner Pl Buckeye, AZ 85396

Complainant Rob Greve 3655 W Anthem Way Anthem, AZ 85086 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. 2023-09090

of 5

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Received by Investigations 08/07/2023 2023-09090 Received by Investigations 08/07/2023 2023-09090 Received by Investigations 08/07/2023 2023-09090 Received by Investigations 08/07/2023 2023-09090 Received by Investigations 08/07/2023 2023-09090 Received by Investigations 08/07/2023 2023-09090 Received by Investigations 08/07/2023 2023-09090 Received by Investigations 08/07/2023 2023-09090 Received by Investigations 08/07/2023 2023-09090 Received by Investigations 08/07/2023 2023-09090 Arizona Registrar of Contractors

1700 W Washington St, Suite 105

Phoenix, AZ 85007-2812

August 8, 2023

A en on: Sandy Laude

RE: Request to reopen case Complaint No. 2022-10923 & New ( AZROC 2023-09090)

We are reques ng the Registrar to reopen our complaint for the unﬁnished work, defects, safety hazards and poor workmanship done by AZGB.

Project has been abandoned and is not complete; safety hazards exist, and several workmanship items are remaining.

We have been wai ng pa ently for the contractor to complete all contractual items. The AZROC is in receipt of all contract documents and proof of payment documents that were previously submi ed and ﬁled in November 2022.

On January 27,2003 the Registrar generously extended the contractors’ me and granted them with addi onal 6 months so they could correct and complete unﬁnished items. Note: The expected me on the wri en contract was to be no less than 60 days and no longer than 180 days. See a ached wri en contract page 6 of 8 TERM. We are only reques ng you to reopen a previous complaint: Abandoned / Incomplete work by the contractor for work they have been paid in full for. See a ached dismissal le er.

In order to occupy and without further delaying our costly project we were directed to hire another contractor to complete the driveway and seek relief a er the building passed inspec on and we gain occupancy.

We were also directed to hire a licensed professional inspector a er the 6-month extension so they could direct us in providing the AZROC with evidence of poor workmanship, defects, safety hazards and several unﬁnished contractual items that the contractor has abandoned.

We are desperately reaching out to AZROC for help so we can occupy the building that AZGB has contracted to do.

We would like to ﬁnalize our project without any further delays or any addi onal costs to the owner.

Sincerely,

Rob Greve DocuSign Envelope ID: BC420872-CE15-4171-9DF4-3EF8F4D6178E

CONSTRUCTION SERVICES AGREEMENT

This Construction Contract (the "Contract") is made as of May 11, 2021, (the "Effective Date") by and between Rob Greve (client) at 38XXX N 25th Ave LOT 4, Phoenix, AZ 85086 and Luxe Development Group Inc. DBA Arizona Garage Builders at 20866 West Werner Place, Buckeye AZ 85396

Luxe Development Group Inc DBA Arizona Garage Builders Inc. desires to provide Construction services to Rob Greve and Rob Greve desires to obtain such services from Luxe Development Group Inc DBA Arizona Garage Builders

THEREFORE, in consideration of the mutual promises set forth below, the parties agree as follows:

1. DESCRIPTION OF SERVICES. Beginning on May 11, 2021, Luxe Development Group Inc DBA Arizona Garage Builders Inc. will provide to client the following services (collectively, the "Services"):

Luxe Development Group Inc DBA Arizona Garage Builders Inc. will perform the following:

Build a detached 20′ wide x 56′ deep x 18′ tall ceilings (1120 sq ft) RV garage, 47′ wide x 46′ deep x 12′ tall ceiling garage (2162 sq ft), with a 18′ wide x 50.5′ x 12′ tall ceilings casita/office space with covered patio Total project 4216 sq ft for the amount of: $466,562

Permits and Fees.

 Luxe Development Group Inc DBA Arizona Garage Builders Inc. shall complete permit applications and make submissions to municipality for all building and mechanical permits required on the behalf of client. Engineered plans are included in pricing, grading and drainage (if required) will be paid for by the client.

 Standard permit fees have been excluded from the agreement as they change from city to city and will be billed as a change order to you, the client once we have approved permits.

Blue Stake Site

Requirement by the state of Arizona to check for underground utilities before we dig.

Termite Pre-Treat

 Ground will be pre-treated prior to construction and is included in pricing with a 3-year warranty.

Excavation

Excavate for foundation to plan bottom per architectural drawings and all excavated soils to be stockpiled for use during back fill. Unsuitable soil conditions at or above plan bottom are unknowns and cannot be budgeted for prior to excavation. ie. Rock, soft clays, sinkholes, etc. these will incur additional costs of $225 per hour.

It is unknown whether or not we will require fill dirt in order to bring your new build to meet county requirements. As such, Luxe Development Group Inc. DBA Arizona Garage Builders cannot include any fill related items into the original bid, as each build and area are unique. Any fill needed to bring your building to level will be charged as a change order at $225 per hour plus $24 per ton for fill dirt. DocuSign Envelope ID: BC420872-CE15-4171-9DF4-3EF8F4D6178E

Builder will back fill foundation with existing excavated soils. Excess soils shall be graded out on property if possible, if not possible to grade out, expenses for hauling off-site of any excess soils will be charged to the client at $225 an hour plus dump fees.

Luxe Development Group Inc DBA Arizona Garage Builders Inc. will not be held responsible for damage to or replacement of irrigation lines, sprinkler lines, water lines, gas lines, electric lines, phone lines or cable TV lines not shown on blue stake prior to excavation.

Trenching

For trenching of electrical lines, plumbing lines, gas lines, water lines etc. there will be a charge of $25 per ft. plus materials. This is based on having a clear run (no obstacles) such as concrete, brickwork, pavers, trees etc. this would incur additional fees at $225 per hour for labor and equipment.

Exclusions from Agreement:

Rock De-watering Unsuitable or unstable soil conditions Hidden/Undisclosed wells, tanks, pits, etc. Hauling expenses except as related to demolition. Grading & Drainage Reports (G&D) Fill Dirt These items will incur additional costs.

Footings and Foundation

Install foundation per plans.

Excavate as necessary, form and pour poured concrete footings per agreement.

Concrete

Poured concrete per agreement to include: 4” structural slab at a minimum of 3000 psi, footings with #4 rebar and fiber mesh.

 Concrete Formwork  Structural Slabs  Garage Slab  Rebar

Additional costs may occur based on final grade determined by the county final approval of plans. If the city requires a stem wall pour, additional concrete will be billed at $110 per yard plus $6.50 per sq. ft.

Framing

Due to mass fluctuation in lumber costs over the past year and the current length of the permitting process, the lumber portion of your project will be reviewed at the time of ordering your framing and truss packages. If there is a difference in what was proposed and what the current lumber costs are, it will reflect in either a change order for the increase or a credit towards your project if costs come down. All lumber costs will be spelled out in the beginning of your project.

All lumber and framing materials sized and spaced per approved construction drawings. Materials, where applicable, to be kiln dried.

Wall sheathing shall be oriented strand board installed per code using H clips where applicable. 2x6 Construction with Full Shear.

Roofing

 Parapet to match existing home as close as possible. DocuSign Envelope ID: BC420872-CE15-4171-9DF4-3EF8F4D6178E

Electrical

 Electrical rough-in per engineered plans to include:

 Install 30 – 110v GFI outlets  Install 18 – LED canister lights  Install 19 – Fluorescent Shop Light Bars  Install 2- 220v GFI outlets  Install 2- 50 amp outlet (RV plug)  Install 1- 200 amp sub- panel  Install 5 - Exterior Sconce lights ($60 allowance per unit)  Install 9 – Industrial Ceiling Fans, $600 allowance per fan  Install 6 - light switches  Install 1- 2.5 ton Midea AC system with up to 6 registers to include 10 year manufacture warranty in casita/office space

Insulation – In Casita/Office Only

 Install open cell spray foam insulation on roof deck 5.5” and interior walls 3.5”

Drywall – In Casita/Office Only

 All drywall to be installed with screws in field, perimeter nails, taped and finished to a level 3 finish.

Kitchen

 $11,000 Allowance on cabinets and counter-tops, anything above the client pays  Per plan – 8 Upper Hampton Bay Cabinets (White, Gray, Mocha)  Per plan – 12 Lower Hampton Bay Cabinets (White, Gray, Mocha)  Formica Counter-tops  Appliances NOT included

Bathroom

 Install 1 – Standard toilet ($200 allowance, anything above the client pays)  Install 1 – Base/Standard fiberglass stand up shower ($575 allowance, anything above client pays)  Install 1 – Rheems Performance 36 kw Self-Modulating 7.03 GPM Tankless Electric Water Heater ($560 allowance)  Install 1 – Base vanity ($500 allowance, anything above the client pays)

Septic System

 Vertical Septic Allowance, $7,800 anything above client to pay difference.

Well System

 $25,000 allowance, anything above client to pay difference.

Exterior Finish

 Knock down stucco finish to match home as close as possible. Smooth stucco finish is an additional charge.

Exterior Paint

 Behr Brand paint to match existing home as close as possible.

Interior Paint – In Casita/Office Only

 Behr Brand paint, client's choice of a single color DocuSign Envelope ID: BC420872-CE15-4171-9DF4-3EF8F4D6178E

Epoxy Flooring – In Garage

 $16,500 Allowance towards Epoxy Flooring

Tile - In Casita/Office Only

 Client credit of $3,000 and choice of tile. This is to include installation costs. (Anything above client pays the difference.)

Windows

 Install 6 – 2620 Fixed Ply Gem Low E windows  Install 2 – 4040 Horizontal Sliding Ply Gem Low E Windows  Install 1 – 5040 Horizontal Sliding Ply Gem Low E Windows  Install 1 – 2020 Horizontal Sliding Ply Gem Low E Window  Install 1 – 3640 Horizontal Sliding Ply Gem Low E Window

Baseboards – In Casita/Office Only

 29/64 in. x 3-1/4 in. x 8 ft. White Colonial Base Molding

Exterior Doors

 Install 2- 36″ x 80″ (Fiberglass door fire rated to 20 min)  Install 1 – Sliding Glass Door, $1200 allowance

Interior Doors

 1- 36″x 80″ Six panel hollow core door

Garage Doors

 Install 1 – Clopay 16′ x 16′ tall T42 base garage door with side mount jackshaft motor with wifi- (short or long panel) client’s choice.  Install 2 – Clopay 18′ wide x 10′ tall T42 base garage door with side mount jackshaft motor with wifi- (short or long panel) client’s choice.  Any other garage model or features, client to pay the difference.

Fire Sprinklers

 Not included in bid (If Required by the City)

Site Cleanup

15/20 yd. Dumpster to be provided as necessary to store and remove debris.

Luxe Development Group Inc. DBA Arizona Garage Builders will not be responsible financially for a client or neighbor using construction bin to throw any personal or oversized trash into the dumpsters provided for construction of the building. The dumpsters we provide are solely for the construction of the building. Any personal garbage from the client found in the dumpsters provided will incur additional charges based on space taken from dumpster as a change order. Our average cost per month for these containers is $500 per month plus dump fees. Please keep this in mind. If we feel at the end of the job there is room for your personal items to be thrown away, then please ask beforehand.

Luxe Development Group Inc. DBA Arizona Garage builders will not be held responsible for construction objects hidden in the ground such as nails, staples, wire, etc. Although we try our best to provide a safe, clean site, it is not guaranteed to be debris free.

Lavatory

 Lavatory on site for duration of project DocuSign Envelope ID: BC420872-CE15-4171-9DF4-3EF8F4D6178E

Luxe Development Group Inc DBA Arizona Garage Builders Renderings / Blueprints/ Engineered Plans Agreement clause

Luxe Development Group Inc. DBA Arizona Garage Builders is one of the only builders that provides 3D renderings for their potential client. While these renderings are created to help you visualize your project, not all things shown in the renderings, blueprints, or engineered plans will necessarily be part of your project unless agreed to in the performance contract. Unfortunately, we have had some bad apples. For example, if we have a pine tree or pool for a visual representation (this does not mean you get the pool or pine tree) Yep… we have had that customer.

So please, make sure all items are in your agreement that we have spoken about. All things being constructed on your job MUST BE IN WRITING! No exceptions! If it is not in the agreement, it is not on us to do it. We speak to over 150 potential clients a month. There is no way for us to remember a conversation on a Tuesday the 25th at 4 P.M.

We ENCOURAGE our clients to be thorough in reading their agreements. If you need help in understanding anything, please call us at 888.639.3440 or email at [email redacted]

Miscellaneous

There are many factors that go into a build. Luxe Development Group Inc. DBA Arizona Garage Builders does not do load counts for electrical before a project begins and does not know if there will be a need for dedicated circuits etc. This is determined once an agreement is in place. We can only give you a “good” estimate to costs that will be close to actual cost.

Luxe Development Group DBA Arizona Garage Builders will not be held responsible/liable for replacing any materials chosen by the client that they are not satisfied with due to visual or qualitative purposes. This includes materials bought online, with or without samples prior to purchase.

Clients are not to interfere with or change the scope of work of any of the sub-contractors without first consulting with the project manager. This includes being in the direct vicinity of sub-contractors while they are performing their work on site as per OSHA standards. Construction areas can be hazardous, and Luxe Development Group DBA Arizona Garage Builders will not be held responsible/liable for any injuries due to construction if a client decides to enter into the work zone.

2. SCOPE OF WORK. Luxe Development Group Inc DBA Arizona Garage Builders Inc. will provide all services, materials, and labor for the construction of Detached Garage per agreement described above at the property of client located at: 38XXX N 25th Ave LOT 4, Phoenix, AZ 85086 hereinafter referred to as ("Worksite").

This includes building and construction materials, necessary labor, and all required tools and machinery needed for completion of construction per written agreement.

Luxe Development Group Inc. DBA Arizona Garage Builders Inc. is only responsible for furnishing any building improvements related to construction of the structure, but not related to landscaping, grading, walkways, painting, sewer or water systems, steps, driveways, patios and aprons, etc., unless they are specifically agreed to in writing.

3. PLANS, SPECIFICATIONS AND CONSTRUCTION DOCUMENTS. Client will make available to Luxe Development Group Inc. DBA Arizona Garage Builders Inc. all plans, specifications, drawings, blueprints, and similar construction documents necessary for Luxe Development Group Inc. DBA Arizona Garage Builders to provide the Services described herein. By entering this agreement, Luxe Development Group Inc DBA Arizona Garage Builders assumes we have the ability to build on said property. If for any reason, we are turned down by the city or local municipality, any funds for permits, engineering, inspections, material, work completed will be forfeited by client. (this has never happened) but the attorney’s make us have it in here!

4. COMPLIANCE WITH LAWS. Luxe Development Group Inc DBA Arizona Garage Builders shall provide the Services in a workmanlike manner, and in compliance with all applicable federal, state and local laws and regulations, including, but not limited to all provisions of the Fair Labor Standards Act, the Americans with Disabilities Act, and the Federal Family and Medical Leave Act.

5. WORK SITE. Client warrants that client owns the property herein described and is authorized to enter into this contract. Prior to the start of construction, client shall provide an easily accessible building site.

6. MATERIALS AND/OR LABOR PROVIDED: Luxe Development Group Inc DBA Arizona Garage Builders shall provide to client all materials and labor as agreed upon per written agreement. DocuSign Envelope ID: BC420872-CE15-4171-9DF4-3EF8F4D6178E

Luxe Development Group Inc DBA Arizona Garage Builders may substitute materials only with the expressed written approval of client, provided that the substituted materials are no lesser quality than those previously agreed upon by client and Luxe Development Group Inc DBA Arizona Garage Builders

7. PAYMENT. Payment shall be made to Luxe Development Group Inc DBA Arizona Garage Builders, 20866 West Werner place Buckeye AZ 85396

Client agrees to pay Luxe Development Group Inc DBA Arizona Garage Builders as follows:

Agreement amount: $466,562

A deposit of: $46,656 to initiate project:

$139,000 upon client approval of engineered plans (before permitting so we can start ordering product and be ready to roll once out of permitting) $139,500 upon completion of concrete, $139,000 upon completion of Framing and balance due upon final inspection with the city and the client.

If any invoice is not paid when due, interest will be added to and payable on all overdue amounts at 18% percent per year, or the maximum percentage allowed under applicable laws, whichever is less. client shall pay all costs of collection, including without limitation, reasonable attorney fees.

In addition to any other right or remedy provided by law, if client fails to pay for the Services when due, Luxe Development Group Inc DBA Arizona Garage Builders has the option to treat such failure to pay as a material breach of this Contract and may cancel this Contract within (14) days and/or seek legal remedies.

8. TERM. Luxe Development Group Inc DBA Arizona Garage Builders shall commence the work to be performed within 30 days of permit approval and will continue all phases in a timely manner based on inspection processes and crew availability, time being of the essence of this contract, Luxe Development Group Inc DBA Arizona Garage Builders expects project to take no less than 60 days and no longer 180 days from the build start date unless there are unforeseen delays by weather or acts of God. Once agreement is signed, both parties are expected to perform through contract. If client rescinds after contract signing for any reason, a minimum of 20% of total contract price will be payable to Luxe Development Group Inc DBA Arizona Garage Builders for their efforts.

9. CHANGE ORDER. client, or any allowed person, e.g., lender, public body, or inspector, may make changes to the scope of the work from time to time during the term of this Contract. However, any such change or modification shall only be made in a written "Change Order" which is signed and dated by both parties. Such Change Orders shall become part of this Contract. client agrees to pay any increase in the cost of the Construction work as a result of any written, dated and signed change order. Construction will not continue until these change orders are approved and will interfere with the completion of the project date unless completed in a timely manner. Change orders are required to be paid in full before work commences.

10. PERMITS. Luxe Development Group Inc DBA Arizona Garage Builders shall apply for and obtain any other necessary permits and licenses required by the local municipal/county government to do the work on the client’s behalf but is not included in overall pricing. Permitting costs will be submitted to the client once final permits have been completed by the county.

11. INSURANCE. Before work begins under this Contract, Luxe Development Group Inc DBA Arizona Garage Builders shall furnish certificates of insurance to client substantiating that Luxe Development Group Inc DBA Arizona Garage Builders has placed in force valid insurance covering its full liability under the laws of the State of Arizona and shall furnish and maintain general liability insurance, and builder's risk insurance for injury to or death of a person or persons, and for personal injury or death suffered in any construction related accident and property damage incurred in rendering the Services.

12. WARRANTY. Luxe Development Group Inc DBA Arizona Garage Builders shall provide its services and meet its obligations under this Contract in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in Luxe Development Group Inc. DBA Arizona Garage Builders community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to Luxe Development Group Inc DBA Arizona Garage Builders on similar projects. Luxe Development Group Inc DBA Arizona Garage Builders shall construct the structure in conformance with the plans and specifications. Luxe Development Group Inc. DBA Arizona Garage Builders warranties all workmanship for a period of 1 year, not to include stucco or any cracks in concrete (typical from soil shifting) and does not include damages from acts of god.

13. FREE ACCESS TO WORKSITE. Client will allow free access to work areas for workers and vehicles and will allow areas for the storage of materials and debris. Driveways will be kept clear for the movement of vehicles during work hours. Luxe Development Group Inc DBA Arizona Garage Builders will make reasonable efforts to protect driveways, lawns, shrubs, and other vegetation. Luxe Development Group Inc DBA Arizona Garage Builders also agrees to keep the worksite clean and orderly and to remove all debris as needed during the hours of work in order to maintain work conditions which do not cause health or safety hazards. If client refuses access or makes it difficult to access or complete the job Luxe Development Group dba Arizona Garage DocuSign Envelope ID: BC420872-CE15-4171-9DF4-3EF8F4D6178E

Builders was hired to do, client will be given written notice to rectify. If not rectified to have unlimited access, Luxe Development Group dba Arizona Garage Builders has the right to demand full payment from client and/or terminate project.

14. UTILITIES. Client shall provide and maintain water and electrical service, connect permanent electrical service, whichever is applicable. Client shall permit Luxe Development Group Inc DBA Arizona Garage Builders to use, at no cost, any electrical power and water use necessary to carry out and complete the work.

15. INSPECTION. Client shall have the right to inspect all work performed under this contract. All defects and uncompleted items shall be reported immediately. All work that needs to be inspected or tested and certified by an engineer as a condition of any government departments or other state agency, or inspected and certified by the local health officer, shall be done at each necessary stage of construction and before further construction can continue.

16. DEFAULT. The occurrence of any of the following shall constitute a material default under this Contract:

a. The failure of client to make a required payment when due.

b. The insolvency of either party or if either party shall, either voluntarily or involuntarily, become a debtor of or seek protection under Title 11 of the United States Bankruptcy Code.

c. A lawsuit is brought on any claim, seizure, lien or levy for labor performed or materials used on or furnished to the project by either party, or there is a general assignment for the benefit of creditors, application or sale for or by any creditor or government agency brought against either party.

d. The failure of client to make the building site available or the failure of Luxe Development Group Inc DBA Arizona Garage Builders to deliver the Services in the time and manner provided for in this Contract.

17. REMEDIES. In addition to any and all other rights a party may have available according to law of the State of Arizona, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving said notice shall have (14) days from the effective date of said notice to cure the default(s) or begin substantial completion if completion cannot be made in (14) days. Unless waived by a party providing notice, the failure to cure or begin curing, the default(s) within such time period shall result in the automatic termination of this Contract.

18. FORCE MAJEURE. If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, but not be limited to, acts of God, fire, explosion, vandalism, storm, casualty, illness, injury, general unavailability of materials or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.

19. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Contract through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.

Any controversies or disputes arising out of or relating to this Contract will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.

20. ENTIRE CONTRACT. This Contract contains the entire Contract of the parties, and there are no other promises or conditions in any other contract whether oral or written concerning the subject matter of this Contract. Any amendments must be in writing and signed by each party. This Contract supersedes any prior written or oral agreements between the parties.

21. SEVERABILITY. If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.

22. AMENDMENT. This Contract may be modified or amended in writing, if the writing is signed by each party.

23. GOVERNING LAW. This Contract shall be construed in accordance with and governed by the laws of the State of Arizona, without regard to any choice of law provisions of Arizona or any other jurisdiction. DocuSign Envelope ID: BC420872-CE15-4171-9DF4-3EF8F4D6178E

24. NOTICE. Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.

25. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract.

26. SIGNATORIES. This Contract shall be signed by client and on behalf of Luxe Development Group Inc DBA Arizona Garage Builders by Jeff Felt, CEO

Contractor's License numbers: ROC #312646 (Residential) ROC #318417 (Commercial) ROC #324941 (Pools and Landscaping) and shall be effective as of the date first written above.

Client:

By: ________________________________________

Rob Greve/Owner

Contractor:

Luxe Development Group dba Arizona Garage Builders Inc.

By: ________________________________________

Jeff Felt CEO SPECIAL SERVICES CUSTOMER INVOICE Page 1 of 2 No. H6948-200888 Store 6948 TRAMONTO Phone: (623) 587-9222 35050 N NORTH VALLEY Salesperson: CAW352 PHOENIX, AZ 85086 Reviewer: sv995 Name Phone 1

BUILDERS AZ GARAGE (888) 639-3440 REPRINT SOLD TO

Address Phone 2 38415 N 25TH AVE Company Name

City Job Description ANTHEM rework CT 2023-08-25 13:05 State Zip County AZ 85086 MARICOPA

INSTALLATION #1 MERCHANDISE AND SERVICE SUMMARY sold to customers We reserve the right to limit the quantities of merchandise

REF # I01 ESTIMATED INSTALL BEGIN DATE: 08/26/2023 ESTIMATED INSTALL END DATE: 11/23/2023 BASIC INSTALLATION LABOR: SKU DESCRIPTION QTY UM TAX PRICE EACH EXTENSION 1004-206 WILSONART SOLID SURFACE NO PLUMB-NAT / 0.00 SF N $0.01 $0.00 -831 OPTIONAL LABOR SELECTED INCLUDES: OPTION DESCRIPTION QTY UM TAX PRICE EACH EXTENSION REMOVE AND HAUL AWAY (NOT TILE OR STONE) / 67.00 SF N $9.00 $603.00 447 - TRIP CHARGE / 1.00 EA N $200.00 $200.00 RADIUS CORNERS/RADIUS ENDS (>3/4" & UP TO 18") / 2.00 EA N $60.00 $120.00 HIGH RISE, CONDO, ELEVATOR, RESTRICTED AREA, CARRY UP OR WALK-UP FEE (QTY X 75.00 EA N $1.00 $75.00 $1.00) / EDGE DETAIL - GROUP B / ROUNDOVER 1/4 T&B 24.00 LF N $0.00 $0.00 CUSTOM LABOR SELECTED INCLUDES: OPTION DESCRIPTION QTY UM TAX PRICE EACH EXTENSION RE-INSTALL COUNTER TOPS 35.00 PA N $52.00 $1,820.00 MOVEMENT MITERED SEAMS 2.00 PA N $390.00 $780.00 MONTE AMIATA 15.00 PA N $56.70 $850.50 *** CONTINUED ON NEXT PAGE ***

Check your current order status online at www.homedepot.com/orderstatus

Page 1 of 2 No. H6948-200888 Customer Copy SPECIAL SERVICES CUSTOMER INVOICE - Continued Name: BUILDERS Page 2 of 2 No. H6948-200888

INSTALLATION #1 (Continued) REF #I01 INSTALLATION SITE NAME: Rob Greve INSTALL LABOR CHARGE: $4,448.50 ADDRESS: 38415 N 25TH AVE TRIP CHARGE: $0.00 CITY: ANTHEM STATE: AZ ZIP: 85086 CREDIT FOR DEPOSIT/MEASURE: $0.00 COUNTY: MARICOPA SALES TAX RATE: 6.300 TAX: Merchandise - N LABOR - N INSTALL TOTAL DUE: $4,448.50 PHONE: (602) 7990951 ALTERNATE PHONE: (602) 7990951 BASIC INSTALLATION LABOR INCLUDES: * IN HOME INSPECTION TO VERIFY LAYOUT, MEASUREMENTS, SPECIAL EXAMPLE: NEXT TO RANGE OR REFRIGERATOR INSTALLATION REQUIREMENTS AND TEMPLATING * FAUCET HOLE DRILLING (UP TO 4 HOLES) * BASIC INSTALLATION OF COUNTERTOP * WALL SUPPORT CLEATS AS NEEDED AT CORNER CABINETS * ONE TOP MOUNT SINK OR COOKTOP CUTOUT PER PROJECT * SUBTOP OR SUPPORT STRIPS * GROUP A EDGE DETAIL * FINAL CLEAN UP OF ALL DEBRIS RELATED TO INSTALLATION * EASED EDGE ON BACKSPLASH (ALL EXPOSED EDGES) * DELIVERY WITHIN 30 MILE RADIUS OF STORE * FINISHED EXPOSED ENDS (FLAT FINISH NO EDGE DETAIL)

END OF INSTALL #1

TOTAL CHARGES OF ALL MERCHANDISE & SERVICES 'The Home Depot reserves the right to limit / deny returns. Please see the return policy sign in stores for details.' ORDER TOTAL $4,448.50 SALES TAX $0.00 TOTAL $4,448.50 BALANCE DUE $0.00 END OF ORDER No. H6948-200888

Page 2 of 2 No. H6948-200888 Customer Copy Home Improvement Agreement: Page 1

Home Depot License Number(s): Home Depot license numbers are listed on page 3, and at www.Homedepot.com/LicenseNumbers .

ROMAN COX Salesperson Name Registration # (Req. in CA,CT,ME,MD,MI,NJ,DC) Home Depot U.S.A., Inc. (“Home Depot”) or Service Provider named below will furnish, install and/ or service the equipment listed below at the price, terms and conditions as outlined on this form. Service Provider Contact Information

Authorized Representative Name Service Provider Company Name

Phone # Service Provider Email Address Service Provider License #(s) Customer Information FELT SUSZAN 6948 H6948-200888 Customer Last Name Customer First Name Store # / Branch Name Customer Lead/ PO# 38415 N 25TH AVE ANTHEM AZ 85086 Customer Address City State Zip [number redacted] [number redacted] [number redacted] Home Phone# Work Phone# Cell Phone# Customer Email Address NOTICE OF RIGHT TO CANCEL YOU MAY CANCEL THIS AGREEMENT WITHOUT PENALTY OR OBLIGATION BY CONTACTING THE SERVICE PROVIDER OR STORE DIRECTLY; EMAILING SERVICE PROVIDER AT: Contact Store Directly OR DELIVERING WRITTEN NOTICE TO HOME DEPOT AT: 2455 PacesFerry Rd SE Atlanta GA 30339 Address City State Zip BY MIDNIGHT ON THE THIRD BUSINESS DAY AFTER SIGNING, UNLESS THE STATE SUPPLEMENT PROVIDES A DIFFERENT CANCELLATION PERIOD. THE STATE SUPPLEMENT CONTAINS A FORM TO USE IF ONE IS SPECIFICALLY PRESCRIBED BY LAW IN YOUR STATE. YOUR PAYMENT(S) WILL BE RETURNED WITHIN TEN (10) BUSINESS DAYS AFTER HOME DEPOT'S RECEIPT OF YOUR NOTICE. YOU MUST MAKE AVAILABLE FOR PICKUP BY HOME DEPOT OR SERVICE PROVIDER, AT YOUR SERVICE ADDRESS, AND IN SUBSTANTIALLY THE SAME CONDITION AS WHEN DELIVERED, ANY MERCHANDISE OR MATERIALS DELIVERED TO YOU. OR YOU MAY CONTACT HOME DEPOT FOR INSTRUCTIONS REGARDING RETURN SHIPMENT AT HOME DEPOT'S EXPENSE. THE LAW REQUIRES THAT THE HOME DEPOT GIVE YOU A NOTICE EXPLAINING YOUR RIGHT TO CANCEL. PLEASE SIGN BELOW TO ACKNOWLEDGE THAT YOU HAVE BEEN GIVEN ORAL AND WRITTEN NOTICE OF YOUR RIGHT TO CANCEL. Acknowledged by: Phone Sale 08/25/2023 Customer's Signature Date

106 Customer Agreement (07 Jul. 21) (S) Generated Date 08/12/2021 Lead/PO# v 4.1.6 Home Improvement Agreement: Page 2

Description of Work to be Performed A detailed description of the work to be performed is included in the paragraph entitled Scope of Work or Specification which is included in this Agreement. Anticipated Delivery Date / Installation Schedule Approximate Start Date: TBD Approximate Finish Date: TBD All dates are approximate and subject to change based on unforeseen events including inclement weather, permitting delays, and delays in confirming insurance coverage of Your claim for any repair, if applicable. Electronic Records Authorization You are entitled to a paper copy of this Agreement if you choose. If you consent to an e-mailed copy, your consent applies to this Agreement and all subsequent documents and written communications related to this Agreement. By contacting your Service Provider, you may update your email address, withdraw your consent, or obtain a paper copy of the Agreement or related documents at no charge. By providing your consent and verifying your email address above, you confirm that you have access to a computer that can receive and open emails and PDF documents. Contract Price and Payment Schedule Payment of the Contract Price is due upon signing unless a different payment schedule is required by law, specified below or in a payment addendum. Contract Price: $ 4448.50 Includes all applicable taxes. Excludes finance charges.* Sales Tax: $ 0.00 (If applicable, total amount of taxes included in Contract Price) *Maximum deposit ONLY applicable in MD, MA, ME (33%), NJ, WI (99%) Deposit % Deposit Amount $ Remaining Balance $ Finance Charges Any interest payments or other finance charges will be determined by Customer’s separate cardholder or loan agreement, to which Home Depot is NOT a party, and will be in addition to Customer’s payment under this Agreement. Customer is subject to the terms and conditions of the cardholder or loan agreement, as applicable. No funds should be made payable to Service Provider; however, Service Provider may collect Customer’s payments made payable to Home Depot. Acceptance and Authorization By signing below, you authorize Home Depot to: (a) arrange for Service Provider to perform any Services or (b) order and arrange for the delivery of special order merchandise, including special order merchandise that may be custom made, as specified in this Agreement. Do not sign if blank or incomplete. (Service Provider's or permitting information may need to be provided to You later.) By signing, you acknowledge that: (i) You have read, understand, and accept this Agreement in its entirety, including the General Conditions and State Supplement, if any; (ii) You are receiving a complete copy of this Agreement; (iii) all rights and interests under this Agreement are solely vested in the person listed as “Customer” above; and (iv) Electronic signatures will be deemed originals for all purposes.

X Phone Sale 08/25/2023 Customer's Signature Date X /s/ The Home Depot 08/25/2023 The Home Depot Digital Signature Date Call The Home Depot at 1-800-466-3337 for help.

106 Customer Agreement (07 Jul. 21) (S) Generated Date 08/12/2021 Lead/PO# v 4.1.6 Home Improvement Agreement: Page 3

FELT SUSZAN 6948 H6948-200888 Customer Last Name Customer First Name Store # / Branch Name Customer Lead/ PO# License numbers held by or on behalf of HOME DEPOT, U.S.A., INC .: AL: 05972, 06238, 51289, 1924, 16036, EMP-5701; AK: CONE25084; AZ: ROC092581, ROC252435; AR: [number redacted], MP6616; CA: 602331; CO: ME-30122, EC-7930, PC.0003126, MP.00190074; CT: HIC.533772, ELC.0203352-E1, HTG.0406972-D1, PLM.0288547-P1; DE: HM-0000772, PL-0002473; DC: [number redacted], DRM300281, PL-0002473; FL: EC0001440, EC13007199, CGC1514813, CGC1522717, CGC061641, CRC046858, CAC1813767, CAC1818831, CFC1426021, CCC1331113, CCC1331130, CCC058300; GA: GCCO005540, RBCO005730, EN216765, GAREGCN208589; GU: CLB-08-0124, R-0514-0062; HI: CT-22120; ID: 005190, RCE-19683, 022877, 024086, 024087, 022876; IL: [number redacted]; IN: PL11700034; IA: C091302, 24602, 24602; KS: 16-009627; KY: CE65260, ME65140, HM05813, M7838; LA: 883162, 43690, 43690, 557308, 43960, 883162, LMP 6987, LMNGF9285; ME: See link above; MD: 13793, 85434 42144, 76141, [number redacted]; MA: 9875, 112785, CS-107774; MI: [number redacted], [number redacted]; MN: BC147263, EA731567, MB732457, PC147263, PM-093715, PM-093716; MS: 22222-MC; MO: See link above; MT: 37730, ELE-EM- LIC-31718, PLU-PM-LIC-13784; NE: 26085, 33118; NV: 38686, 84011, 84052, 82439, 82440, 82441, 82442; NH: 4324, GFE0802907, MBE1801069; NJ: 13VH09277500, 34EB0158400, 34EI0158400; NM: C86302; NY: See link above; NC: 31521, U.30834, 34277, 33747; ND: 29073, M-3759, 1634, 1636, 1638; OH: 46992, 46992; OK: 106339, 0135514, 80003095; OR: 95843; PA: PA142212; PR: SJ-14328-CN; RI: 9480, 8422; SC: GLG110120, CLG.110120 , M104779; SD: EC3363, Wal-MD-R1104-16-1963-C, FLM-TX-R1108-16-1965C; TN: 47781, 47781, 47781, 3899, 3877; TX: TECL24447, TICL113, TACLA1574C, TACLB14980C, M16451; REGULATED BY THE TEXAS DEPARTMENT OF LICENSING AND REGULATION, P. O. BOX 12157, AUSTIN, TEXAS 78711, 1-800-803-9202, 512-463-6599; WEBSITE: WWW.TDLR.TEXAS.GOV; RESPONSIBLE MASTER PLUMBER RICHARD W. MOORE, JR., LICENSE M16451 STATE BOARD OF PLUMBING EXAMINERS, 919 EAST 41ST STREET P.O. BOX 4200 AUSTIN, TEXAS 78745 1-800-845-6584; WT4195; DALLAS BU120698;VI: See link above; UT: 286936-5501, 286936-5501; VT: PM04663; VA: [number redacted]; WA: HOMED088RH, MOOREJR934LN, HOMEDDU825KQ, WASHICR849P6; WV: WV036104, WV036104, WV036104; WI: 1046796, 1375416, DC-[number redacted]; WY: C-40136

Services may not be available in all areas. The Home Depot reserves the right to correct pricing errors on printed materials. Offer(s) may not be combined with any other offer. All home services performed through The Home Depot, including plumbing services, are performed by independent contractors, including independent licensed plumbing contractors, as applicable. Services provided by The Home Depot authorized independent installation professionals. Home Depot U.S.A., Inc. 2455 Paces Ferry Rd. Atlanta GA 30339

106 Customer Agreement (07 Jul. 21) (S) Generated Date 08/12/2021 Lead/PO# v 4.1.6 ARIZONA SUPPLEMENT

FELT SUSZAN 6948 H6948-200888 Customer Last Name Customer First Name Store # / Branch Name Lead/Customer Order # ROMAN COX Salesperson’s Name (if any)

The terms and conditions of this Supplement apply to all Home Depot Home Improvement Agreements in Arizona and are expressly made a part of all such agreements. In the event of any conflict, inconsistency or discrepancy between the terms of Your Home Improvement Agreement and this Arizona Supplement, the terms of this Supplement will control.

NOTICE TO CUSTOMER 1. Do not sign this agreement if any of the spaces intended for the agreed terms to the extent of then available information are left blank. 2. You are entitled to a copy of this agreement at the time You sign it. 3. You may pay off the full unpaid balance due under this agreement at any time, and in so doing You shall be entitled to a full rebate of the unearned finance and insurance charges. 4. You may cancel this agreement any time prior to midnight of the third - business day after the date of this transaction. See the attached Notice of Cancellation form for an explanation of this right. 5. It will not be legal for the seller to enter Your premises unlawfully or commit any breach of the peace to repossess goods purchased under this agreement. You are not required to make progress payments if Installation will be completed within sixty (60) calendar days. You may be required to make progress payments if the work to be performed under this agreement will not be completed within sixty (60) calendar days. You should receive from Home Depot a certified and approved billing or estimate of the work performed before making any progress payments. Any such payments will be made on a monthly basis. If You do not make a timely payment under this agreement, Home Depot may charge You interest at the rate of one and one-half percent (1.5%) a month or fraction of a month on the unpaid balance, or at a higher rate as You and Home Depot may determine and agree. Under Arizona law, in any action or arbitration brought to collect payments or interest under this agreement, the successful party will be awarded costs and attorney’s fees in a reasonable amount. You have the right to file a written complaint with the Registrar of Contractors for an alleged violation of any of the provisions of A.R.S. § 32-1154, subsection A. Any complaints must be filed within the applicable time period as set out in A.R.S. 32-1155. The Registrar of Contractors can be reached via telephone at 1-602-542-1525 or online at www.azroc.gov. The Following Applies Only to Repairs Resulting From a Result of a Catastrophic Storm In addition to the cancellation rights described on the attached cancellation notice, if this agreement is for residential repair or replacement of damage resulting directly from a catastrophic storm in a specific area that is designated by an insurer, You may cancel this agreement at any time within seventy-two hours after You have been notified that Your insurer has denied Your claim to pay for the goods and services to be provided under this agreement; and You may cancel this agreement at any time, for any reason, within four - business days after signing this agreement.

AZ State Sup. (16 May 22) (S) v 0.1.18 ARIZONA REQUIREMENTS FOR REPAIR ESTIMATE ON CONTRACTS FOR REPAIR OF DAMAGE RESULTING DIRECTLY FROM A CATASTROPHIC STORM

(a) A precise description and location of all damage claimed on the repair estimate. (b) For roofing repair or replacement, a detailed description of the work to be done including the square footage of the repair area or the replacement area. (c) If the damaged areas are not included in the repair estimate, a specification of those areas and any reason for their exclusion from the repair estimate. (d) Whether or not the property was inspected before the preparation of the estimate and the nature of that inspection, specifically whether the roof was physically accessed. (e) That a contractor has made no assurances that the claimed loss will be covered by an insurance policy. (f) That the policyholder is responsible for payment for any work performed if the insurer should deny payment or coverage for any part of the loss. Documentation to support the damage claimed on the estimate, and a detailed description and itemization of any emergency repairs already completed is attached to this supplement.

AZ State Sup. (16 May 22) (S) v 0.1.18 NOTICE OF CANCELLATION

Date of Transaction: * Lead/Customer Order #

*The date of transaction is the later of the date printed above or 3 business days after You sign the Agreement You may CANCEL this transaction, without any Penalty or Obligation, within THREE (3) BUSINESS DAYS from the date of transaction. If You cancel, any property traded in, any payments made by You under the contract or sale, and any negotiable instrument executed by You will be returned within TEN (10) BUSINESS DAYS following receipt by the seller of Your Cancellation Notice, and any security interest arising out of the transaction will be canceled. If You cancel, You must make available to the seller at Your residence, in substantially as good condition as when received, any goods delivered to You under this contract or sale, or You may, if You wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller’s expense and risk. If You do make the goods available to the seller and the seller does not pick them up within TWENTY (20) CALENDAR DAYS of the date of Your Notice of Cancellation, You may retain or dispose of the goods without any further obligation. If You fail to make the goods available to the seller, or if You agree to return the goods to the seller and fail to do so, then You remain liable for performance of all obligations under the contract. To cancel this transaction, mail, deliver, or email a signed and dated copy of this Cancellation Notice, or any other written notice, or send a telegram, to:

(Email Address/ Fax # of seller or seller’s authorized representative)

(Print/type name of seller or seller’s authorized representative)

(Address) (City) (State) (Zip) NOT LATER THAN MIDNIGHT OF:

(Date – THREE (3) BUSINESS DAYS from the date of transaction) I HEREBY CANCEL THIS TRANSACTION.

(Date)

(Buyer's Signature)

(Buyer’s printed name)

FTC NOC (11 Oct. 21) (S) v 1.1.36 NOTICE OF CANCELLATION (required duplicate)

Date of Transaction: * Lead/Customer Order #

(Email Address/ Fax # of seller or seller’s authorized representative)

(Print/type name of seller or seller’s authorized representative)

(Address) (City) (State) (Zip) NOT LATER THAN MIDNIGHT OF:

(Date – THREE (3) BUSINESS DAYS from the date of transaction) I HEREBY CANCEL THIS TRANSACTION.

(Date)

(Buyer's Signature)

(Buyer’s printed name)

FTC NOC (11 Oct. 21) (S) v 1.1.36 The Home Depot General Terms & Conditions

1. DEFINITIONS: “Agreement” means (I) the Home Improvement Agreement between You and Home Depot, (II) the following listed documents, and (III) any documents referenced in or attached to any of the following listed documents: (a) any Change Orders; (b) the State Supplement, if any; (c) these General Terms and Conditions (“General Conditions”); (d) extended installation warranty documents, if any; and (e) the Scope of Work. “Defect” means any Services that are found to be non-compliant with manufacturer’s installation instructions. “Home” means the real property, fixtures and any physical improvements where the Services are performed. “Services” means (i) the delivery and furnishing of goods, equipment, materials, and hardware; and (ii) any related labor and services, including without limitation, construction, consultation, fabrication, erection, installation, inspection, maintenance, repair, and testing. “Scope of Work” means a detailed description of work or Services to be performed, including, but not limited to, any quotes, schedules, invoices, specification sheets, proposals, confirmation emails or otherwise. “Service Provider” means an independent contractor, authorized by Home Depot, and its employees, agents, and subcontractors. “Work Area” means any property, buildings, or structures necessary for the staging, temporary storing and performance of the Services. “You”/“Your” means the customer identified in the Agreement 2. HOME DEPOT’S RESPONSIBILITIES: Home Depot or Service Provider will complete the Services in a workmanlike manner and in accordance with applicable law without causing damage to Your Home, provided, however, that Home Depot or Service Provider will not start or continue with any Services upon discovery of any condition at Your Home that Home Depot or Service Provider deems in its sole discretion to be hazardous or unsafe. Unless specifically contracted to do so, neither Home Depot nor Service Provider is obligated to repair such pre-existing hazardous or unsafe conditions. 3. ASSIGNMENT/SUBCONTRACTING: Home Depot and Service Provider may assign this Agreement, or any right herein, or any monies due or to become due hereunder, and may delegate or subcontract any obligations or Services hereunder without Your consent. This Agreement shall not be assigned by You without first receiving Home Depot’s written consent, which may be denied in Home Depot’s sole discretion. 4. YOUR RESPONSIBILITIES: (a) Payment: You agree to pay Home Depot in full for the Services pursuant to the terms of this Agreement. (b) Safe Access: You agree to provide Home Depot and Service Provider Safe Access to Your Home. “Safe Access” means safe and complete access to the Work Area, including, without limitation: (1) obtaining in advance of the Services consent, permission, or relief from any covenants, easements, restrictions, or other legal encumbrances affecting the Work Area; (2) providing the location of utilities, whether underground, concealed, overhead or visible, to Home Depot or Service Provider; (3) removing from the Work Area physical impediments, hazards, and building code or zoning violations that affect directly or indirectly the Work Area; (4) removing unsafe working conditions and hazardous materials, including environmental hazards, from the Work Area; (5) providing sanitary facilities to Home Depot or Service Provider convenient to the Work Area (or, alternatively, paying for the rental costs of such facilities); (6) providing all utilities, including without limitation, power, water, ventilation and climate control, in and for the Work Area; (7) removing from and protecting against minors, pets, guests and visitors in the Work Area; (8) keeping permits, if required, visible at all times; (9) disengaging, suspending or terminating any security systems protecting the Work Area; (10) providing adequate temporary storage space as needed for Home Depot’s or Service Provider’s performance of the Services; and (11) not interfering, impeding, impacting or otherwise disrupting the Work Area at any time during Home Depot’s or Service Provider’s performance of the Services. (c) No Performance: Services are to be performed by Home Depot or Service Provider. If You attempt to perform or assist with the Services in any way, You assume all risk for property damage and for injury to Yourself and others.

107 General Terms & Conditions (S) (12 May 21) Generated Date 05/10/2021 Lead/PO# v 4.1.3 The Home Depot General Terms & Conditions

5. MODIFICATIONS AND CHANGE ORDERS: Without invalidating this Agreement, You may authorize Home Depot or Service Provider to perform Services beyond the scope of the Agreement (“Change Order”). A Change Order will be issued by Home Depot or Service Provider on behalf of Home Depot, which You may accept by signing. Upon Your signing of the Change Order, it will become part of this Agreement, subject to all of the terms of the Agreement. Change Order may also result from Home Depot or Service Provider encountering conditions at the Work Area that impact, impede or otherwise interfere with the performance of the Services, requiring an increase in cost, time, or both. Following the discovery of any conditions that impact, impede or otherwise cause the Work Area not to have Safe Access, Home Depot may immediately ask for a Change Order or discontinue the Services without further obligation to You. Home Depot may also ask for a change order in the event of errors or omissions in measurements or quantities used to determine the Contract Price. If You decline a Change Order request, You or Home Depot may terminate this Agreement. 6. TITLE AND RISK OF LOSS: The title to and risk of loss for any materials or goods provided to You that originate from Home Depot shall pass to You when paid in full by (1) You or (2) the Service Provider as part of the Services. Title to any other materials or goods provided by Service Provider shall pass to You upon completion of the Services. 7. WARRANTY LIMITATION ON WARRANTIES AND DAMAGES: (a) Warranty: Unless otherwise stated in the Agreement, Home Depot warrants for 1 year from the completion date (the “Warranty Period”) that all Services will: (i) be performed with good workmanship and (ii) conform to the requirements of the Agreement. During the Warranty Period and within a reasonable time after receiving notice from You of a warranty claim, Home Depot may, at its sole discretion (I) correct or replace each Defect, (II) authorize the correction or replacement of each Defect; or (III) remove each Defect and refund all or a proportional amount of the Contract Price thereof to You; provided, however, that all warranties are voided if (1) anyone other than Home Depot or Service Provider performs work upon or otherwise modifies any materials or Services provided under this Agreement; or (2) You fail to pay Home Depot in full as provided in this Agreement. Any warrantable corrections, replacements or repairs made in accordance with this Agreement will not extend the Warranty Period. (b) Limitation on Warranties: THE WARRANTIES PROVIDED IN THIS AGREEMENT ARE STRICTLY LIMITED TO THE FOREGOING EXPRESS WARRANTIES CONTAINED IN THIS PARAGRAPH IN THE WARRANTY SECTION OF THE AGREEMENT, IF ANY. YOU ACKNOWLEDGE AND AGREE THAT NO OTHER WARRANTIES ARE MADE OR GIVEN BY HOME DEPOT OR SERVICE PROVIDER, INCLUDING ANY WARRANTY FOR FITNESS OF PURPOSE, WARRANTY OF MERCHANTABILITY, OR ANY OTHER ORAL, EXPRESS OR IMPLIED WARRANTIES. HOME DEPOT'S EXPRESS WARRANTIES ARE VOIDED FOR ANY DEFECT CAUSED BY ABUSE, MISUSE, NEGLECT, ACTS OF GOD, LACK OF PRESCRIBED OR STANDARD MAINTENANCE, OR IMPROPER CARE/CLEANING. ANY MANUFACTURER'S WARRANTIES PROVIDED FOR GOODS, MATERIALS, OR EQUIPMENT WILL BE PASSED THROUGH BY HOME DEPOT TO YOU, AND YOU AGREE TO LOOK SOLELY TO SUCH MANUFACTURER FOR REMEDY OF ANY DEFECT IN SUCH GOODS, MATERIALS, AND EQUIPMENT. HOME DEPOT MAY ASSIST YOU WITH WARRANTY CLAIMS AGAINST MANUFACTURERS. (c) Limitation on Damages. Home Depot will not be liable to YOU for indirect, incidental, special, punitive or consequential damages RESULTING FROM PERFORMANCE OF THE SERVICES, including, BUT NOT LIMITED TO, damages for lost opportunities, OR lost profits. 8. TERMINATION: This Agreement may be terminated by Home Depot for its convenience, and by either party for cause if the other party fails to correct a material breach within ten (10) days after receiving notice from the non-breaching party identifying the breach. In the event Home Depot terminates this Agreement because You fail to provide Safe Access to perform the Services, or if either party terminates the Agreement because You decline a Change Order request resulting from unforeseen, hazardous, or unsafe conditions or conditions that materially changes the Scope of Work, then You will pay Home Depot for Services provided through the date of termination plus any costs or expenses incurred by Home Depot or Service Provider as a result of the termination.

107 General Terms & Conditions (S) (12 May 21) Generated Date 05/10/2021 Lead/PO# v 4.1.3 The Home Depot General Terms & Conditions

9. CHOICE OF LAW; SEVERABILITY: This Agreement will be governed by and interpreted in accordance with the laws of the State where the Project is physically located. The parties intend for the terms and conditions in the Agreement to be complementary, consistent, and enforceable under applicable laws. In the event any term or condition in the Agreement violates applicable law, such term or condition will be severed from the Agreement, but only to the extent necessary to avoid such violation, without invalidating any other terms and conditions of the Agreement. 10. ENTIRE AGREEMENT: This Agreement is the final, integrated, and exclusive expression of the parties’ understanding, which supersedes all prior offers, orders, understandings, representations, proposals, confirmations, and negotiations between the parties, whether oral or written. No course of dealing, usage of trade, course of performance, course of conduct, or any other evidence of additional or different terms will be admissible to contradict or vary any term in the Agreement. 11. SECURITY INTERESTS; LIENS: If You make all payments as required under this Agreement, no security interest will be placed against Your property by Home Depot. If a security interest is placed on Your property, it creates a lien, mortgage, or other claim against Your property to secure payment and may cause a loss of Your property if You fail to pay as requested. After paying on any completed phase of the Services and before making any further payments, You should request from Home Depot or Service Provider a signed, unconditional release from, or waiver of, any right to place any claim against Your property applicable to the work then completed. You may ask an attorney about Your rights to discharge security interests. 12. RETURNS: Custom order merchandise (i.e., goods that are custom made, uniquely altered, colormatched, shaped, sized, or otherwise uniquely designed or fitted to the requirements of a particular space) is non-returnable, and its Contract Price cannot be refunded unless Home Depot or Service Provider (1) incorrectly ordered item, or (2) damaged item beyond repair. Special or custom order merchandise may be returned, and a refund for all or part of the Contract Price provided, in the discretion of Home Depot. Please contact The Home Depot for additional details concerning returns. 13. AGREEMENT/SERVICE ORDER COMMUNICATION PREFERENCES: You can visit www.homedepot.com > In-Store Special Orders at any time to access Your account for the following: (1) Update Your Agreement/ Service Order Communication Preferences (email, text, Auto Call); (2) Contact Home Depot for order assistance; (3) View latest order status; or (4) Take action to schedule pickup for Your Service Orders. To stop any of the following communications You may visit www.homedepot.com > In-Store Special Orders to access Your account to update Your Agreement/Service Order Communication Preferences, contact The Home Depot, and take action on orders. If You signed up to receive updates about Your Agreement/Service Order(s) via: (a) Text Message Communications, You may receive multiple messages per order (including current and future orders) via automated technology to the mobile phone number You provided. The total number of messages received depends on the number of orders placed and order activity. Standard message and data rates apply. Not all carriers covered. You can text STOP to 97710 to stop (You will be sent a confirmation message). Call 1-877-467-2581 or 1-800-466-3337 for help; (b) Electronic voice communications (Auto Call), You may receive multiple pre-recorded phone calls per order (including current and future orders) via automated technology to the phone number You provided. The total number of calls received depends on the number of orders placed and order activity. You can press 9 during a call to opt out or call 800-HOME-DEPOT for help; or (c) Email Communications, You may receive multiple Emails per order (including current and future orders) via automated technology to the Email address You provided. The total number of Emails received depends on the number of orders placed and order activity. 14. LEAD PAINT: Homes built prior to 1978 may require additional testing to determine if lead paint is present, and additional precautions if lead paint is present. You will be informed by Your Service Provider of any additional costs resulting from lead paint requirements prior to performing the Work. For additional information, visit www.epa.gov/lead/renovation-repair-and-painting-program. 107 General Terms & Conditions (S) (12 May 21) Generated Date 05/10/2021 Lead/PO# v 4.1.3 Received 1/05/2024 ROC Legal

LANG THAL KING & HANSON PC 6730 N. SCOTTSDALE RD., SUITE 101 SCOTTSDALE, ARIZONA 85253 TELEPHONE (480) 534-4900 Please e-serve filings on: [email redacted] Please note new firm name and email addresses JAMES N. HANSON, #029091 [email redacted] (not for e-service) JASON A. CLARK, #030765 [email redacted] (not for e-service)

Attorneys for Respondent Luxe Development Group, Inc dba Arizona Garage Builders ARIZONA REGISTRAR OF CONTRACTORS Rob Greve, Case No.: 2023-09090 Complainant, WRITTEN ANSWER TO CITATION v. Luxe Development Group, Inc. DBA: Arizona Garage Builders, License No. ROC 312646, 324941 Respondent. Respondent Luxe Development Group, Inc. dba Arizona Garage Builders (“Luxe”), by and through undersigned counsel, answers the Citation in the above-captioned matter as follows: The Citation charges that Luxe may have violated: (1) A.A.C. R4-9-108, and therefore, A.R.S. § 32-1154(A)(3); and (2) A.R.S. § 32-1154(A)(22). Luxe wholly denies these two charges listed in the Citation. Luxe further disputes the Citation to the extent it expressly or impliedly alleges any wrongdoing or liability on the part of Luxe, or any violations of Arizona contracting laws. Luxe neither committed, nor omitted, any acts with respect to the subject project that would justify the imposition of discipline to its license. Accordingly, Luxe respectfully requests that this matter be referred to a contested hearing before the Office of Administrative Hearings. Luxe reserves its right to raise all applicable legal and factual defenses at that contested hearing. Received 1/05/2024 ROC Legal

DATED this 5th day of January, 2024. LANG THAL KING & HANSON PC By: /s/ Jason A. Clark James N. Hanson Jason A. Clark Attorneys for Respondent ORIGINAL sent via e-mail this 5th day of January, 2024, to: Arizona Registrar of Contractors 1700 W. Washington Street, Ste. 105 Phoenix, AZ 85007 [email redacted] [email redacted] COPY emailed this same day to: Robert Lockhart 6619 N. Scottsdale Rd., Suite D Scottsdale, AZ 85250-4421 [email redacted] Co-Counsel for Respondent Rob Greve 3655 W. Anthem Way, Suite A-109 Anthem, AZ 85086 [email redacted] Complainant By: /s/ Amanda Smith

Received 1/8/24, 8:58 AM State of Arizona Mail - Luxe Development Group Inc. dba Arizona Garage Builders adv. Rob Greve (ROC Case No. 2023-09090) 1/05/2024 ROC Legal

Answers - AZROC <[email redacted]>

Luxe Development Group Inc. dba Arizona Garage Builders adv. Rob Greve (ROC Case No. 2023- 09090) message

Amanda Smith <[email redacted]> Fri, Jan 5, 2024 at 2:00 PM To: "[email redacted]" <[email redacted]>, "[email redacted]" <[email redacted]> Cc: Jason Clark <[email redacted]>, James Hanson <[email redacted]>, Robert Lockhart <[email redacted]>, "[email redacted]" <[email redacted]>

Good Afternoon,

Attached for filing, please find Respondent’s Written Answer to Citation and Notice of Appearance, regarding the above-referenced matter. Please contact our office if you have any questions.

Thank you,

Amanda

Amanda Smith Legal Assistant Direct: 480-534-4894 | Website | vCard 6730 N. Scottsdale Rd., Suite 101 | Scottsdale, AZ 85253 480-534-4900 NOTICE: This message and its attachments are confidential and may be attorney-client privileged. They are protected by law. If you are not the intended recipient, please destroy the message in both electronic and paper form and notify Lang Thal King & Hanson at 480-534-4900 or by email to the sender. Thank you. Lang & Klain, PC is now Lang Thal King & Hanson PC

attachments Written Answer to Citation.pdf 122K Notice of Appearance.pdf 120K

https://mail.google.com/mail/b/AEoRXRSAmea9YT98crcXVPUSQtZmXiNHX0azbVsw_fksRtKA3ruN/u/0/?ik=581c53cf5c&view=pt&search=all&permt… 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