2023A-09361-NPC-ROC Notice of Hearing and Packet MAILED

2023A-09361-NPC-ROC · Registrar of Contractors · 2023-10-04

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Walker Plumbing LLC, Case No. 2023-09361 COMPLAINANT, Docket No. 2023A-09361-NPC-ROC v. NOTICE OF HEARING ON CONTESTED CASE Collaborative Construction Solutions LLC License No. ROC 335094,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

November 20, 2023 1:00 PM Sondra Vanella Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

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

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

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

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

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

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

The statutes and rules governing the hearing can be found at: Arizona Revised Statutes §§ 41-1092 to -1092.12, and Arizona Administrative Code R2-19-101 to -122. PARTICULAR ARIZONA STATUTES AND RULES INVOLVED The statutes and rules the Respondent is alleged to have violated are cited in the complaint and citation, which were served on the Respondent on September 11, 2023.

SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED The complaint and citation allege that the Respondent committed the following act(s):

Charge: 1 A.R.S. § 32-1154(A)(10)

THE PARTIES TO THE ADMINISTRATIVE HEARING Because Respondent is a licensee and is charged with an act(s) or omission(s) that is

cause for the suspension or revocation of a license, Respondent is a party to this case and will

be a party to the hearing.

Because Complainant alleged Respondent committed an act(s) or omission(s) that is cause for the suspension or revocation of a license, Complainant is a party to this case and will be a party to the hearing. Respondent and Complainant, as the parties to the hearing, will present evidence and argument to the administrative law judge.

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

1156(B).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

CHANGING THE HEARING DATE

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

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

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

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

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

RESOLUTION SHORT OF ADJUDICATION

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

Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of the resolution or settlement. Any such cases will be listed on the Registrar’s website and its records under the category: “Closed Complaints – Resolved/Settled/Withdrawn.” Dated October 3, 2023.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail October 3, 2023 to:

Respondent(s) Collaborative Construction Solutions LLC 1710 W Main St Ste 110 Battle Ground, WA 98604 Matthew W. Harrison, Esq. 4365 E Pecos Rd Ste 139 Gilbert, AZ 85295

Complainant(s) Walker Plumbing LLC 2228 E Rose Garden Loop Phoenix, AZ 85024

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. 2023-09361 /

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

Hearing Packet FAQ What is the Hearing Packet?

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

Who gets the Hearing Packet?

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

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

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

What is in the Hearing Packet?

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

● Original complaint;

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

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

● Citation; and ● Answer.

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

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

What if there are documents missing from the Hearing Packet?

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

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

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

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

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

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

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

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

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

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

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

August 16, 2023

Via U.S. Mail and Email

Complainant Walker Plumbing LLC 2228 E Rose Garden Loop Phoenix, AZ 85024

Via U.S. Mail and Email

Respondent Collaborative Construction Solutions LLC 1710 W Main St Ste 110 Battle Ground, WA 98604

Re: Complaint No. 2023-09361

Dear Complainant and Respondent:

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

Respondent is free to raise any issue or affirmative defense to this complaint by filing a response with the Registrar by August 23, 2023. Please reference the complaint number listed above if you file a response. Respondent may file a response by:

Mail: P.O. Box 18244, Phoenix, AZ 85005-8244 In-Person: 1700 W. Washington St., Ste. 105, Phoenix, AZ 85007-2812 Email: [email redacted]

The Registrar will not issue a citation before August 23, 2023 and will review Respondent’s response, if one is submitted.

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

Sincerely,

/s/ Katelyn Rolling Katelyn Rolling Legal Assistant II Legal Department Arizona Registrar of Contractors

1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 RECEIVED 08/14/2023 ROC LEGAL Non-Payment Complaint Form Departmental Use Only Complaint Number: Mail to: Registrar of Contractors 2023-09361 P.O. Box 18243 Phoenix, AZ 85005-8243

Person Filing Complaint (Payee) Business Name Full Name (First Middle Last) ROC License Number(s) (if any) Dustin Eugene Walker Street Address City State Zip Code 2228 E. Rose Garden Loop Phoenix Arizona 85024 Phone Number Email Address [number redacted] [email redacted] I consent to receive communications electronically in connection with this case

Name of Attorney (if any)

Attorney’s Street Address City State Zip Code

Attorney’s Phone Number Attorney’s Email Address

Licensee Information (Payer) Name (as shown on contracts, invoices, etc.) ROC License Number(s) Collaborative Construction Solutions LLC ROC 335094 Street Address City State Zip Code 1710 W Main St, Suite 110 Battle Ground WA 98604 Phone Number Email Address

Name of Person(s) Representing License Vern Nielsen Complaint Information Principal Amount Due (excluding interest and fees) Contract Date (if applicable) $74,486.75 July 18, 2022 Have you filed a civil complaint?

List all specific invoices which have not been paid. Attach additional pages if necessary. 15999- $260.00; 15998-$8029.60; 8- $17440.79; 3- $5434.65; 16334b- $1405.00; 16333b- $1850.00; 16332b- $3900.00; 16331b- $38016.71 Certification I certify, upon information and belief, that the above-named licensee has failed to pay monies in excess of seven hundred fifty dollars when due for materials or services rendered in connection with the licensee’s operations as a contractor. I further certify, upon information and belief, that the above-named licensee has the capacity to pay, or has received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased. A.R.S. § 32-1154(A)(10). Printed Name Signature Date Dustin Eugene Walker Declaration & Signature I am the Complainant in this Complaint Form or Complainant’s duly authorized representative. I declare under penalty of perjury that the information contained in this Form is true and correct to the best of my knowledge. I further certify that any documents submitted in support of this complaint are true and correct copies of the originals and are accurate to the best of my knowledge. I will assist in the investigation or in the prosecution of the contractor or other parties, and will, if necessary, attend hearings and testify to facts. RECEIVED Printed Name Signature Date 08/14/2023 Dustin Eugene Walker ROC LEGAL RECEIVED 08/14/2023 ROC LEGAL RECEIVED 08/14/2023 ROC LEGAL RECEIVED 08/14/2023 ROC LEGAL RECEIVED 08/14/2023 ROC LEGAL RECEIVED 08/14/2023 ROC LEGAL RECEIVED 08/14/2023 ROC LEGAL RECEIVED 08/14/2023 ROC LEGAL RECEIVED 08/14/2023 ROC LEGAL RECEIVED 08/14/2023 ROC LEGAL RECEIVED 08/14/2023 ROC LEGAL RECEIVED 08/14/2023 ROC LEGAL RECEIVED 08/14/2023 ROC LEGAL RECEIVED 08/14/2023 ROC LEGAL RECEIVED 08/14/2023 ROC LEGAL RECEIVED 08/14/2023 ROC LEGAL RECEIVED 08/14/2023 ROC LEGAL RECEIVED 08/14/2023 ROC LEGAL RECEIVED 08/14/2023 ROC LEGAL RECEIVED 08/14/2023 ROC LEGAL RECEIVED 08/14/2023 ROC LEGAL RECEIVED 08/14/2023 ROC LEGAL RECEIVED 08/14/2023 ROC LEGAL RECEIVED 08/14/2023 ROC LEGAL RECEIVED 08/14/2023 ROC LEGAL RECEIVED 08/14/2023 ROC LEGAL RECEIVED 08/14/2023 ROC LEGAL RECEIVED 08/14/2023 ROC LEGAL RECEIVED 08/14/2023 ROC LEGAL RECEIVED 08/14/2023 ROC LEGAL RECEIVED 08/14/2023 ROC LEGAL RECEIVED 08/14/2023 ROC LEGAL RECEIVED 08/14/2023 ROC LEGAL RECEIVED 08/15/2023 ROC LEGAL RECEIVED 08/15/2023 ROC LEGAL Received 08/23/2023 ROC Legal Received 08/23/2023 ROC Legal Received 08/23/2023 ROC Legal Received 08/23/2023 ROC Legal Received 08/23/2023 ROC Legal Received 08/23/2023 ROC Legal Received 08/23/2023 ROC Legal Received 08/23/2023 ROC Legal Received 08/23/2023 ROC Legal Received 08/23/2023 ROC Legal Received 08/23/2023 ROC Legal Received 08/23/2023 ROC Legal Received 08/23/2023 ROC Legal Received 08/23/2023 ROC Legal Received 08/23/2023 ROC Legal Received 08/23/2023 ROC Legal Received 08/23/2023 ROC Legal Received 08/23/2023 ROC Legal Received 08/23/2023 ROC Legal Received 08/23/2023 ROC Legal Received 08/23/2023 ROC Legal Received 08/23/2023 ROC Legal Received 08/23/2023 ROC Legal Received 08/23/2023 ROC Legal Received 08/23/2023 ROC Legal Received 08/23/2023 ROC Legal Received 08/23/2023 ROC Legal Received 08/23/2023 ROC Legal Received 08/23/2023 ROC Legal Received 08/23/2023 ROC Legal Received 08/23/2023 ROC Legal Received 08/23/2023 ROC Legal Received 08/23/2023 ROC Legal Received 08/23/2023 ROC Legal Received 08/23/2023 ROC Legal Received 08/23/2023 ROC Legal Received 08/23/2023 ROC Legal Received 08/23/2023 ROC Legal Received 08/23/2023 ROC Legal Received 08/23/2023 ROC Legal Received 08/23/2023 ROC Legal Received 08/23/2023 ROC Legal Received 08/23/2023 ROC Legal Received 08/23/2023 ROC Legal Received 08/23/2023 ROC Legal Received 08/23/2023 ROC Legal Received 08/23/2023 ROC Legal Received 08/23/2023 ROC Legal Received 08/23/2023 ROC Legal Received 08/23/2023 ROC Legal Received 08/23/2023 ROC Legal Received 08/23/2023 ROC Legal Received 08/23/2023 ROC Legal Received 08/23/2023 ROC Legal Received 08/23/2023 ROC Legal Received 08/23/2023 ROC Legal Received 08/23/2023 ROC Legal Received 8/24/23, 1:34 PM 08/23/2023 State of Arizona Mail - Collaborative Construction Solutions' Response WP ROC No-Pay Complaint 2023-09361 ROC Legal

Legal New Mail - AZROC <[email redacted]>

Collaborative Construction Solutions' Response WP ROC No-Pay Complaint 2023- 09361 message

Paralegal <[email redacted]> Wed, Aug 23, 2023 at 10:10 AM To: "[email redacted]" <[email redacted]> Cc: Matthew Harrison <[email redacted]>, Sarah Bauer <[email redacted]>, "[email redacted]" <[email redacted]>

Good afternoon,

Attached is Collaborative Construction Solutions, LLC’s Response to Walker Plumbing’s ROC No-Pay Complaint referenced above.

The attached and exhibits have also been sent regular mail.

Thank you.

Brandie Glazener

Paralegal

Power Ranch Professional Village

4365 East Pecos Road, Suite 139

Gilbert, AZ 85295

(480) 988-7407

www.harrisonlawaz.com

CONFIDENTIALITY NOTICE: This e-mail transmission, as well as the accompanying attachments, may contain confidential information belonging to Harrison Law, PLLC. This information is protected by the attorney-client privilege, and is intended only for the use of the intended recipient. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action as a result of the contents of this information is strictly prohibited. Any and all unauthorized interception of this transmission is illegal under the law. If this transmission has reached you in error, please notify Harrison Law, PLLC promptly by reply e-mail, then destroy all copies of the transmission.

https://mail.google.com/mail/b/AEoRXRQyfVutI8sM96QkKr8EDRmWsJ1Km_KLYFkbj4G20xKqAQ4u/u/0/?ik=d3afebeda9&view=pt&search=all&permt… 1/2 Received 8/24/23, 1:34 PM 08/23/2023 State of Arizona Mail - Collaborative Construction Solutions' Response WP ROC No-Pay Complaint 2023-09361 ROC Legal attachments 230823 CCS Response WP ROC Complaint Chandler.pdf 477K Ex A-C.pdf 7013K

https://mail.google.com/mail/b/AEoRXRQyfVutI8sM96QkKr8EDRmWsJ1Km_KLYFkbj4G20xKqAQ4u/u/0/?ik=d3afebeda9&view=pt&search=all&permt… 2/2 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Walker Plumbing LLC, Case No. 2023-09361 COMPLAINANT, v.

Collaborative Construction Solutions LLC, CITATION License No. ROC 335094,

RESPONDENT.

The Registrar issues this Citation to Collaborative Construction Solutions LLC: (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by September 26, 2023, then under A.R.S. § 32-1155(C), Respondent’s failure to answer may be deemed an admission of the act or acts charged in the underlying complaint, and the Registrar may then suspend or revoke Respondent’s license(s). THE WRITTEN COMPLAINT On August 14, 2023, Walker Plumbing LLC (“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)(10) Failure by a licensee or agent or official of a licensee to pay monies in excess of $750 when due for materials or services rendered in connection with the licensee's operations as a contractor unless the licensee proves that the licensee lacks the 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 capacity to pay and has not received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased. If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F). FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2023-09361. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, AZ 85007-2812 Mail: P.O. Box 18244, Phoenix, AZ 85005-8244 Email: [email redacted]

The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday.

If Respondent submits a written answer by mail, it is not filed with the Registrar until the

Registrar actually receives it.

Deadline for Filing a Written Answer: Respondent must file a written answer with the

Registrar no later than September 26, 2023. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a

deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to

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 Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a 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

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 law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated September 11, 2023. By: /s/ Margaret Lindsey Margaret Lindsey Assistant General Counsel Legal Department Arizona Registrar of Contractors

COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, September 11, 2023 to: Respondent Certified Mail No: [number redacted] Collaborative Construction Solutions LLC 1710 W Main St Ste 110 Battle Ground, WA 98604

Copy mailed by USPS First Class Mail this same date to: Respondent Collaborative Construction Solutions LLC 1710 W Main St Ste 110 Battle Ground, WA 98604

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 Respondent’s Attorney Matthew W. Harrison, Esq. Harrison Law PLLC 4365 E Pecos Rd Ste 139 Gilbert, AZ 85295

Complainant Walker Plumbing LLC 2228 E Rose Garden Loop Phoenix, AZ 85024

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. 2023-09361 / KR

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 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 1740 W Adams St., Lower Level, 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 ARIZONA REGISTRAR OF CONTRACTORS

Douglas A. Ducey, Governor Jeff Fleetham , Director

Form REQUEST TO CLOSE CASE RC-Lg-701A

Instructions Complete this form to request that the Registrar close a case where the Registrar previously issued a citation. Before the Registrar issues an order closing a case that resulted in citation, both parties must agree to the closure. After consideration, the Registrar may approve the request.

If both parties do not demonstrate their willingness for the Registrar to issue an Order of Closing by completing this form, then the matter will continue to proceed to administrative resolution. This means that, if not already done so:

The Respondent will be required to: 1. Submit a written answer as directed by the Citation and required under A.R.S. § 32-1155(A). o Failure to timely submit an answer may result in the admission of the allegations contained within the citation. A.R.S. § 32-1155(B); and 2. Request a settlement conference under A.R.S. §41-1092.06, if desired.

The Complainant will be required to establish, before the administrative law judge, the merits of their claim.

A. CASE INFORMATION 1. Case Number 2. Complainant 3. Respondent

B. PARTIES ACKNOWLEDGMENT & SIGNATURE Complainant acknowledges that by signing and submitting this Request to Close Case, if the Registrar grants this request: 1. The Registrar may decline to reopen this case; and 2. Complainant’s future remedies, if any, may be limited to another forum. Respondent acknowledges that by signing and submitting this Request to Close Case, if the Registrar grants this request: 1. Respondent’s license record will have a “Closed Case” designation associated with this case; and 2. This case will appear on the Respondent’s public license record available through the Registrar of Contractors’ website as a “Resolved/Settled/Withdrawn” case for a period of seven years.

_____________________ _____________________ ______________ Complainant’s Name Complainant’s Signature Date

_____________________ _____________________ ______________ Respondent’s Name Respondent’s Signature Date

1700 W. Washington Street, Suite 105 ● Phoenix AZ 85007-2812 602.542.1525 ● Within AZ 877.692.9762 ● Fax 602.542.1599 ● www.roc.az.gov

Form RC-Lg-701A Request to Close Case Rev 1/18/2019 Page 1 of 1 RECEIVED 08/14/2023 ROC LEGAL Non-Payment Complaint Form Departmental Use Only Complaint Number: Mail to: Registrar of Contractors 2023-09361 P.O. Box 18243 Phoenix, AZ 85005-8243

Name of Attorney (if any)

Attorney’s Street Address City State Zip Code

Attorney’s Phone Number Attorney’s Email Address

Matthew W. Harrison (018798) HARRISON LAW, PLLC 4365 East Pecos Road, Suite 139 Gilbert, Arizona 85295 Telephone: (480) 320-2310 Facsimile: (480) 320-2059 E-mail: [email redacted] Attorney for Respondent

REGISTRAR OF CONTRACTOS OF THE STATE OF ARIZONA Walker Plumbing, LLC, Case No.: 2023-09361

COMPLAINANT, RESPONDENT WRITTEN vs. ANSWER TO CITATION AND COMPLAINT Collaborative Construction Solutions LLC, License No. ROC 335094 RESPONDENT.

Respondent Collaborative Construction Solutions, LLC (hereinafter “CCS”), pursuant to A.R.S §32-1155(A) and the Registrar of Contractor’s Citation dated August 14, 2023, hereby file their Written Answer to the Citation and Complaint showing cause why Respondent’s license should not be suspended or revoked. 1. As to the Complaint's allegations, CCS denies that $74,486.75 is due to Walker Plumbing. The invoices attached to the Complaint were never provided to CCS. Additionally, even if the invoices had been submitted to CCS, each invoice would have been rejected in accordance with A.R.S. §32-1183 and the Agreement Between Contractor and Subcontractor (“the Contract”). The invoices are untimely, lack all the required documentation pursuant to A.R.S. §32-1183 and the Contract, and refer to change orders that were never agreed upon by the parties. RECEIVED LEGAL 9/25/2023

2. Additionally, the invoices attempt to (1) charge CCS for work that has not been completed and/or needs to be repaired, (2) charge CCS for work that pursuant to the Contract specifications would be additional charges/change orders that have never been submitted by Walker Plumbing for consideration, and (3) charge CCS to fix Walker Plumbing’s defective work. 3. CCS incorporates the following details and timeline: 4. The parties entered a Subcontract Agreement (“Contract”) on or about

July 18, 2022. The Contract was a firm-fixed-price agreement for $190,100. It is attached

as Exhibit A. The Project was to be performed pursuant to specifications incorporated

into the Contract from the Construction Contract dated July 1, 2022. The Construction

Contract and specifications are attached as Exhibit B.

5. On or about May 31, 2023, CCS sent Walker Plumbing a Notice of Breach regarding the Project (“the Notice of Breach”). It is attached as Exhibit C. 6. The Notice requested that Walker Plumbing perform its work pursuant to the agreed-upon Contract specifications. The Notice contained a list previously provided to Walker Plumbing on May 1, 2023, consisting of items not installed per Contract specifications and damages to the Project caused by Walker Plumbing that needed to be repaired. 7. The Contract specifies that Walker Plumbing was to coordinate with other trades and adhere to architectural drawings. Walker Plumbing did not comply with the Contract or submit RFI/RFAs to change the design or specifications. 8. To this day, Walker Plumbing must complete and repair the defective work, and most items remain unresolved. 9. Since the Notice of Breach, Walker Plumbing submitted identical pay applications in June and July of 2023 for $21,151.80. Per ARS §32-1183 and the Contract, both were timely and properly rejected, based largely on incomplete and non- RECEIVED LEGAL 9/25/2023

compliant work. Additionally, the pay applications did not comply with the Contract and lacked the required waivers and releases and documentation. CCS had reasonable belief that Walker Plumbing failed to make timely payments to material suppliers due to a lack of lien releases and reasonable evidence that the Contract could not be completed for the unpaid balance of the Contract price. The two pay applications and CCS’s response are attached as Exhibit D. 10. On June 20, 2023, Walker Plumbing submitted the rejected June pay

application for $21,151.80 ($23,052.00 including retainage). The June pay application

stated the balance to finish the Project was $4,518 ($18,558.20 including retainage).

11. The June pay application requested payment for the following items:

a. Plumbing Trim Material - $8,115.00

b. Plumbing Trim Labor - $6,492.00 c. HVAC Units Labor (RTUs, Exhausts, Fans) - $5,895.00 d. Interior Ductwork Material - $3,000.00 12. On or about June 30, 2023, CCS communicated with Walker Plumbing, rejecting the June pay application in accordance with ARS §32-1183 and listing the multiple problems/errors throughout. See Exhibit D. 13. In rejecting the Pay Application, CCS disputed the completion percentage on the items, requested the percentages be changed, and the June pay application be revised and sent back by Walker Plumbing within three days for acceptance. 14. The items to be addressed were as follows: a. Plumbing Trim Material and Labor were being billed in full and shown to be 100% completed despite materials still needing to be delivered and installed. Items needed repair and testing, valves were missing, and the water cooler was incomplete. CCS requested Plumbing Trim Material be reduced to 60% complete and labor be reduced to 40% complete. RECEIVED LEGAL 9/25/2023

b. HVAC material and labor were also being billed in full and shown to be 100% complete, despite being nowhere near completion with incorrect ductwork, missing louvers, and improperly installed exhaust fans. CCS requested that HVAC material and labor be reduced to 20% complete. c. Line items for underground plumbing were shown to be 100% complete. However, it had been discovered that there were missing vents and cleanouts. 15. CCS again requested this work be completed pursuant to agreed-upon

Contract specifications.

16. CCS also requested corrections for instances where Walker Plumbing

caused damage and incorrectly installed items well below the standard of care.

17. In rejecting the June pay application, CCS estimated costs of $20,000 for

correcting/completing underground plumbing and $15,000 for repairing/completing the incorrect ductwork. These were just a few expenses for repairing/completing the work; the total costs would be considerably higher. The Contract could not be completed for the balance of $4,518. 18. Walker Plumbing did not take any steps to address the June pay application. 19. On July 20, 2023, Walker Plumbing re-submitted the June pay application. 20. On or about August 2, 2023, CCS communicated with Walker Plumbing, rejecting the identical July pay application for the same reasons as the June pay application. 21. On or about August 14, 2023, Walker Plumbing filed the Complaint that is the subject of this dispute. 22. The Complaint stated that ‘$74,486.75’ is due based on eight attached invoices that were never provided to CCS. CCS first received these invoices when it received the Complaint.

RECEIVED LEGAL 9/25/2023

23. Each invoice appears to be backdated, with due dates from January 2023 through the date the Complaint was submitted. 24. Not only are the invoices untimely and never received by CCS, but each invoice lacks all the required documentation pursuant to A.R.S. §32-1183 and the Contract. 25. Similar to the June and July pay applications, the invoices continue to bill for work that has not been completed and/or needs to be repaired. Walker Plumbing now

demands additional payments despite additional work not being completed.

26. Furthermore, while difficult to ascertain, the invoices appear to include

work that was previously agreed upon in Contract specifications would be potential

additional charges/change orders that have not been submitted to CCS for consideration.

This notably applies to Invoices 3, 8, 15998, and 16331, pertaining to missing louvers, evap. coolers, vents, and other items. 27. The invoices also appear to charge CCS to repair work that Walker Plumbing performed defectively. This includes charging CCS for relocating a water heater that was installed in front of a fire ladder, as well as for repairing a broken pipe and rectifying incorrect ductwork (as evidenced in Invoices 16332 b, 16333 b, 16334b, 3, 8, and 15998). 30. None of the work listed in the invoices was agreed to as a change order under the Contract. 31. To this day, the remaining work to be done on the Project and corrections in completed work well exceed the Contract balance. CCS requests that the ROC determine and adjudicate the following: A. The Complaint and all Walker Plumbing’s claims alleged therein be dismissed. B. Walker Plumbing be awarded nothing; and RECEIVED LEGAL 9/25/2023

C. CCS has shown cause as to why its license shall not be suspended or revoked.

RESPECTFULLY SUBMITTED this 25th day of September 2023. HARRISON LAW, PLLC

By: /s/ Matthew W. Harrison Matthew W. Harrison Attorney for Respondent

RECEIVED LEGAL 9/25/2023

*ORIGINAL/COPY of the foregoing emailed/mailed filed this 25th day September, 2023 to:

*Margaret Lindsey Assistant General Counsel Legal Department Arizona Registrar of Contractors P.O. Box 18244 Phoenix, AZ 85005-8244 [email redacted] Dustin Eugene Walker Walker Plumbing 2228 E. Rose Garden Loop Phoenix, AZ 85024 [email redacted] Complainant

/s/ Harrison Law PLLC______________ Harrison Law PLLC

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Vernon Nielsen

From: Vernon Nielsen Sent: Friday, June 30, 2023 12:27 PM To: [email redacted]; Teresa Lattimore; Dustin Walker Cc: Glenda Reilly; Accounts Payable Subject: RE: Kerry's Auto- June

Jerod,

Your June pay application is rejected and cannot be processed. Currently your percentage complete on all line items well exceeds the value of work that you have complete. In addition, you percentage complete does not take into account for work that must be corrected.

1. Line items for underground plumbing are @ 100% complete. a. You have been made well aware that you are missing vents and cleanouts and you have been instructed to complete this work. The estimated value of correcting/completing this work is $20,000.00 with consideration for damages to existing work. 2. You have Plumbing trim material @ 100% however not all items are on site nor installed (we only pay for installed material as indicated in our agreement) this needs to be reduced to 60% 3. You have plumbing trim labor @ 100% there are still incomplete items, still corrections and testing, valves to install, water cooler to complete. This needs to be reduced to 40% complete. 4. You have HVAC material and labor (lines 10 and 11) @ 100%, you are no where near this with the incomplete work and the incorrect ductwork. The estimated cost to correct your ductwork alone is $15,000.00. You are missing louvers, you are missing vertical ductwork, the exhaust fans are installed wrong… and etc (you have a list of corrections) these line items need to be reduced to 20% complete at best. 5. Currently the estimated costs to correct your non‐compliant work well exceed your remaining contractual value.

Please have your revised pay application back over to us within 3 days for acceptance with this month pay application to the owner.

Regards,

Vernon H. Nielsen Vice President Collaborative Construction Solutions, LLC Mobile: (425) 244-1723 Phone: (360) 723-5579 Fax: (360) 843-1130 RECEIVED LEGAL 9/25/2023

www.collabconst.com

CONFIDENTIALITY NOTICE This e-mail contains confidential information which is the property of Collaborative Construction Solutions, LLC and affiliates, intended only for the use of the intended recipient(s). Unauthorized use or disclosure of this information is prohibited. If you are not an intended recipient, please immediately notify Collaborative Construction Solutions, LLC and destroy any copies of this email. Receipt of this e- mail shall not be deemed as a waiver by Collaborative Construction Solutions, LLC of any of its legal rights or the confidential nature of the information.

From: [email redacted] <[email redacted]> Sent: Tuesday, June 20, 2023 7:52 AM To: Teresa Lattimore <[email redacted]> Cc: Vernon Nielsen <[email redacted]>; Glenda Reilly <[email redacted]> Subject: Kerry's Auto‐ June

Kerry’s Auto‐ June Pay Applica on with releases.

Jerod Helmstetter Walker Plumbing & HVAC O: 623.242.9450 F: 623.242.9451

RECEIVED LEGAL 9/25/2023 RECEIVED LEGAL 9/25/2023 RECEIVED LEGAL 9/25/2023 RECEIVED LEGAL 9/25/2023

Vernon Nielsen

From: Vernon Nielsen Sent: Wednesday, August 2, 2023 3:27 PM To: Dustin Walker Cc: Jerod Helmstetter; Accounts Payable Subject: RE: Kerry's Auto- July Pay Application

Percentages were already given

Vernon H. Nielsen Vice President Collaborative Construction Solutions, LLC Mobile: (425) 244-1723 Phone: (360) 723-5579 Fax: (360) 843-1130

www.collabconst.com

From: Dustin Walker <[email redacted]> Sent: Wednesday, August 2, 2023 3:17 PM To: Vernon Nielsen <[email redacted]> Cc: Jerod Helmstetter <[email redacted]>; Accounts Payable <[email redacted]> Subject: Re: Kerry's Auto‐ July Pay Application

Vern We have complete. All Jeremy punch list item an waiting on water. To test.

What percentage are you thinking we should be at ?

RECEIVED LEGAL 9/25/2023

All plumbing trim was set an completed an inspected by inspector

Sent from my iPhone

On Aug 2, 2023, at 3:09 PM, Vernon Nielsen <[email redacted]> wrote:

You are not 99% complete as you have work that has not been accepted by me your contract holder due to not being installed per the project documents. This has been explained to you numerous times… All rejections and notifications more than meet Arizona Law and the requirements of the ROC.

For your pay application to be acceptable, you will need to revise your percentages.

Regards,

Vernon H. Nielsen Vice President Collaborative Construction Solutions, LLC Mobile: (425) 244-1723 Phone: (360) 723-5579 Fax: (360) 843-1130 <image001.png> www.collabconst.com

CONFIDENTIALITY NOTICE This e-mail contains confidential information which is the property of Collaborative Construction Solutions, LLC and affiliates, intended only for the use of the intended recipient(s). Unauthorized use or disclosure of this information is prohibited. If you are not an intended recipient, please immediately notify Collaborative Construction Solutions, LLC and destroy any copies of this email. Receipt of this e-mail shall not be deemed as a waiver by Collaborative Construction Solutions, LLC of any of its legal rights or the confidential nature of the information.

From: [email redacted] <[email redacted]> Sent: Wednesday, August 2, 2023 3:05 PM To: Vernon Nielsen <[email redacted]>; Accounts Payable <[email redacted]> Cc: 'Dustin Walker' <[email redacted]> Subject: RE: Kerry's Auto‐ July Pay Application

You did give percentages, and they are incorrect. We are 99% complete with this project, and waiting on power and water to finalize. RECEIVED LEGAL 9/25/2023

1. Line items for underground plumbing are @ 100% complete. 1. You have been made well aware that you are missing vents and cleanouts and you have been instructed to complete this work. The estimated value of correcting/completing this work is $20,000.00 with consideration for damages to existing work.‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐‐‐This work is 100% complete, and per Vernon request we have stamped plan from the engineer approving our install.

2. You have Plumbing trim material @ 100% however not all items are on site nor installed (we only pay for installed material as indicated in our agreement) this needs to be reduced to 60%‐‐ 100% of trim has all been provided and installed. (Vandalized after, but non the less). 3. You have plumbing trim labor @ 100% there are still incomplete items, still corrections and testing, valves to install, water cooler to complete. This needs to be reduced to 40% complete.—This is all 100% complete.

4. You have HVAC material and labor (lines 10 and 11) @ 100%, you are no where near this with the incomplete work and the incorrect ductwork. The estimated cost to correct your ductwork alone is $15,000.00. You are missing louvers, you are missing vertical ductwork, the exhaust fans are installed wrong… and etc (you have a list of corrections) these line items need to be reduced to 20% complete at best.—The mechanical work is 100% complete.

5. Currently the estimated costs to correct your non‐compliant work well exceed your remaining contractual value.‐‐‐‐ You are incorrect, provide backup for any repairs you plan on completing, along with a schedule of when you plan to complete.

I will be liening the property on Friday, Ferguson has already liened the property.

Jerod Helmstetter Walker Plumbing & HVAC O: 623.242.9450 F: 623.242.9451

From: Vernon Nielsen <[email redacted]> Sent: Wednesday, August 02, 2023 2:57 PM To: [email redacted]; Accounts Payable <[email redacted]> Subject: RE: Kerry's Auto‐ July Pay Application

RECEIVED LEGAL 9/25/2023 Your percentages were provided to you with your last rejected invoice. You still have not corrected your missing vents or incorrectly installed HVAC ducting system.

Vernon H. Nielsen Vice President Collaborative Construction Solutions, LLC Mobile: (425) 244-1723 Phone: (360) 723-5579 Fax: (360) 843-1130 <image001.png> www.collabconst.com

CONFIDENTIALITY NOTICE This e-mail contains confidential information which is the property of Collaborative Construction Solutions, LLC and affiliates, intended only for the use of the intended recipient(s). Unauthorized use or disclosure of this information is prohibited. If you are not an intended recipient, please immediately notify Collaborative Construction Solutions, LLC and destroy any copies of this email. Receipt of this e-mail shall not be deemed as a waiver by Collaborative Construction Solutions, LLC of any of its legal rights or the confidential nature of the information.

From: [email redacted] <[email redacted]> Sent: Wednesday, August 2, 2023 2:51 PM To: Accounts Payable <[email redacted]> Cc: Vernon Nielsen <[email redacted]> Subject: RE: Kerry's Auto‐ July Pay Application

What percentage is incorrect?

We need to do test and balance, and start up of the mechanical equipment.

Jerod Helmstetter Walker Plumbing & HVAC O: 623.242.9450 F: 623.242.9451

From: Accounts Payable <[email redacted]> Sent: Wednesday, August 02, 2023 2:48 PM To: [email redacted] RECEIVED LEGAL 9/25/2023 Cc: Vernon Nielsen <[email redacted]> Subject: RE: Kerry's Auto‐ July Pay Application

Hello,

The pay application request submitted for July billing on the Kerry’s Auto in Chandler is rejected due to the completion percentages being incorrect per the project manager. Please revise and re‐submit.

Let us know if you have any questions.

Thank you, Linzy Story Accounts Payable Collaborative Construction Solutions, LLC Office: (360) 723-5579 Ext 1001 Fax: (360) 843-1130

<image002.jpg> <image003.png> www.collabconst.com

CONFIDENTIALITY NOTICE This e-mail contains confidential information which is the property of Collaborative Construction Solutions, LLC and affiliates, intended only for the use of the intended recipient(s). Unauthorized use or disclosure of this information is prohibited. If you are not an intended recipient, please immediately notify Collaborative Construction Solutions, LLC and destroy any copies of this email. Receipt of this e-mail shall not be deemed as a waiver by Collaborative Construction Solutions, LLC of any of its legal rights or the confidential nature of the information.

From: [email redacted] <[email redacted]> Sent: Thursday, July 20, 2023 1:07 PM To: Accounts Payable <[email redacted]>; Vernon Nielsen <[email redacted]> Cc: Glenda Reilly <[email redacted]>; Teresa Lattimore <[email redacted]> Subject: Kerry's Auto‐ July Pay Application

July Pay Application‐

Jerod Helmstetter Walker Plumbing & HVAC O: 623.242.9450 F: 623.242.9451 RECEIVED LEGAL 9/25/2023 RECEIVED LEGAL 9/25/2023 RECEIVED LEGAL 9/25/2023 RECEIVED LEGAL 9/25/2023 RECEIVED LEGAL 9/25/2023 RECEIVED LEGAL 9/25/2023 RECEIVED LEGAL 9/25/2023 RECEIVED LEGAL 9/25/2023

Answers - AZROC <[email redacted]>

Walker Plumbing LLC v Collaborative Construction Solutions, LLC - Case No. 2023- 09361 - RESPONDENT WRITTEN ANSWER TO CITATION & COMPLAINT messages

Paralegal <[email redacted]> Mon, Sep 25, 2023 at 11:15 AM To: "[email redacted]" <[email redacted]> Cc: Matthew Harrison <[email redacted]>, "[email redacted]" <[email redacted]>

Good morning,

Attached is Respondent, Collaborative Construction Solutions, LLC, Written Answer to Citation & Complaint. The attached has also been sent regular mail to Complainant, Walker Plumbing this same date.

If you require any additional information, please contact this office.

Thank you.

Brandie Glazener

Paralegal

Power Ranch Professional Village

4365 East Pecos Road, Suite 139

Gilbert, AZ 85295

(480) 988-7407

www.harrisonlawaz.com

[Quoted text hidden]

230925 CCS Answer Complaint WP Chandler (final) w Exhibits.pdf 9417K Mediation Notice

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

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