2023A-09557-CHC-ROC Notice of Hearing and Packet MAILED

2023A-09557-CHC-ROC · Registrar of Contractors · 2024-03-05

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Don LoGuercio , Case No. 2023-09557 COMPLAINANT, Docket No. 2023A-09557-CHC-ROC v. NOTICE OF HEARING ON CONTESTED CASE Lavender Landscape Design Co. LLC License No. ROC 326465,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

April 22, 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 February 6, 2024.

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 March 5, 2024.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail March 5, 2024 to: Respondent(s) Lavender Landscape Design Co. LLC 1872 E Broadway Rd Tempe, AZ 85282

Complainant(s) Don LoGuercio 5820 East Marconi Avenue Scottsdale, AZ 85254

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. 2023-09557 /

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

Complaint #2023-09557 Inspection Date: 01/22/2024 9:00 AM JSI PHOTOS – Page 1 Complaint #2023-09557 Inspection Date: 01/22/2024 9:00 AM JSI PHOTOS – Page 2 Complaint #2023-09557 Inspection Date: 01/22/2024 9:00 AM JSI PHOTOS – Page 3 Complaint #2023-09557 Inspection Date: 01/22/2024 9:00 AM JSI PHOTOS – Page 4 Complainant: Don LoGuercio 5820 East Marconi Avenue SCOTTSDALE, AZ 85254

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: Lavender Landscape Design Co LLC DBA: 602 W 22nd St Tempe, AZ 85282

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 September 7, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-09557

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for October 3, 2023 at 9:00 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

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

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

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

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

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

Sincerely, Lisa Melton, Investigator #206 602 7716736 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812

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 Complainant: Don LoGuercio 5820 East Marconi Avenue SCOTTSDALE, AZ 85254

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 Respondent: Lavender Landscape Design Co. LLC DBA: 602 W 22nd St Tempe, AZ 85282

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 September 28, 2023

Re: Complaint Number 2023-09557

Dear Complainant and Respondent:

Due to a conflict in scheduling of one of the parties, the jobsite inspection scheduled for October 3, 2023 at 9:00 AM has been rescheduled for October 19, 2023 at 9:00 AM.

If either party is unable to attend, the Registrar requires 36-hours advance notice for cancellation or continuance.

Complainant: Safe access is required to any area to be inspected.

Should you have any questions regarding the above, please contact me.

Sincerely, Lisa Melton Investigator #206 602 7716736 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812

License mailing address (if different from account/company address of record):

Lavender Landscape Design Co. LLC 602 W 22nd St Tempe, AZ 85282

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 Complainant: Don LoGuercio 5820 East Marconi Avenue SCOTTSDALE, AZ 85254

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: Lavender Landscape Design Co. LLC DBA: 602 W 22nd St Tempe, AZ 85282

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 November 3, 2023

License No. ROC 326465

Re:Complaint No. 2023-09557

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 November 20, 2023.

Any request for extension of Directive period must be received prior to the expiration date/time and include sufficient evidence to substantiate request such as inspection or material delays.

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 Investigator’s Observation: At this time, the joint width of this stone slab is greater than 3/8”. Minimum workmanship standards does not allow for a joint width greater than 1’16”. Respondent should correct by appropriate methods. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

Compliance Item 2: Ramada ceiling leaks at SW corner when rain curtain runs. Contractor has stated that there are no leaks but we have provided video evidence of the leak and can easily reproduce it.; Investigator’s Observation: Respondent acknowledge the leak at this location and stated that they intended to fix it. No water test performed. Respondent should identify and correct cause of leak and any damage resulting from the leak. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

Compliance Item 3: Painting is incomplete from repairs and modifications. Bare steel on Ramada, Ramada countertop underneath only primed, Investigator’s Observation: Paint is not complete on all steel including rain curtain. Respondent should complete all paint in their scope, correct all paint that is insufficient to cover, correct all overspray and any damage caused to paint by the work of the Respondent. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Compliance Item 4: streaks on west wall to the south of Ramada and overspray on sheer decent wall.; Investigator’s Observation: Paint is not complete on west wall. Overspray is visible on sheer decent wall. Respondent should complete all paint in their scope, correct all paint that is insufficient to cover, correct all overspray and any damage caused to paint by the work of the Respondent. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

Compliance Item 5: Leak at sheer decent wall with the east sheer decent. Contactor has said they fixed leaks but it continues to leak . It looks like contractor tried to cover up leak and not fix joint inside block wall. Leak is not leeching through and causing cracks on the wall. There is also a leak at the main T. Contactor said they fixed leaks but it leaked 2 days after when we tested. Contractor employee Tyler Tew became confrontational and verbally abusive when we tried to inform them leak was not fixed.; Investigator’s Observation: Water damage is visible on wall. Respondent should identify the cause of leak and correct condition as well as all damage caused by the leak. Concealed plumbing requires permit/inspection. Respondent should obtain building official reinspection for any corrections made to previously passed, concealed plumbing. Respondent should provide a copy of the closed permit/certificate of occupancy for this project to this Investigator. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 excavated so I could verify leak had been repaired but again became confrontational and said if they left it open I, the homeowner, would have to backfill. Contractor has attempted multiple times to say things are corrected or fixed and "cover things up". Investigator’s Observation: There is a visible hole in the drain pipe. Respondent should correct this condition as well as all damage caused by the leak. Concealed plumbing requires permit/inspection. Respondent should obtain building official reinspection for any corrections made to previously passed, concealed plumbing. Respondent should provide a copy of the closed permit/certificate of occupancy for this project to this Investigator. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

Compliance Item 10: Due to all the repairs and excavation, granite cover rock is uneven, showing exposed dirt and is stained in multiple areas from paint and concrete.; Investigator’s Observation: Rock is unevenly spread, shows exposed dirt and stains. Respondent should correct these condition by appropriate methods. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 however, drywell has been reworked. Respondent should obtain building official reinspection for any corrections made to previously passed, storm water appurtenance. Respondent should provide a copy of the closed permit/certificate of occupancy for this project to this Investigator. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

Compliance Item 12: connections behind Ramada sink are not glued; Investigator’s Observation: Connections are not secured. Respondent should correct by appropriate methods. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

Compliance Item 13: There is a plastic bottle behind Ramada in the ground that was to mark something but it is unknown what. I believe there is a valve for the rain curtain that should be accessible in the area.; there are valves behind sheer decent wall that have been buried and are not accessible; Investigator’s Observation: No valve box has been installed at either valve location. Respondent should complete their scope of work with appropriate material and by appropriate methods. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

Compliance Item 14: West wall by tree still has holes from concrete anchors that were used to put up temporarily pool fence by contractor, needs patch and paint

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Investigator’s Observation: Holes are visible. Respondent should correct this condition by appropriate methods. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

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

Compliance Item 7: These are just the only pending items and not historical items.; Investigator’s Observation: Not a workmanship or abandonment concern that can be inspected and/or evaluated. Governing Rule: Not Applicable.

Compliance Item 8: Multiple plants have died and need to be replaced. Contractor states they want to wait until it cools down. This is acceptable but want to make sure it gets complete. Investigator’s Observation: The Registrar does not direct correction/completion relative to vegetation. Governing Rule: Not Applicable.

Compliance Item 9: Contractor continues to send invoices for full amount due on contract even though we had outlined hold backs for incomplete items. Per contract, funds are not due until punch list items/hold backs are completed. Contractor has been very forceful asking us just to pay and they "promise" to take care of things.; Investigator’s Observation: Financial matter outside the authority of the Registrar. Governing Rule: Not Applicable.

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

Sincerely, Lisa Melton Lisa Melton, Investigator #206 602 7716736 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 License mailing address (if different from account/company address of record):

Lavender Landscape Design Co. LLC 602 W 22nd St Tempe, AZ 85282

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

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

Case No.: 2023-09557 Investigator: Lisa Melton Inspection Date: October 19, 2023 Inspection Time: 9:00 AM

Complainant: Don LoGuercio Respondent: Lavender Landscape Not Present: Design Co. LLC Not Present: ATTENDEES: Complainant: Don LoGuercio Respondent: Bill Terborg

Jobsite General Notes: JSI photos and audio was recorded with my agency issued Pixel 6 Pro phone. At this inspection (6.0 on audio) Respondent stated that they were aware of all of the concerns and intended to correct them.

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

Investigator’s Observation: Respondent acknowledge the leak at this location and stated that they intended to fix it. No water test performed. Respondent should identify and correct cause of leak and any damage resulting from the leak. (See JSI Photos #5) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

Compliance Item 3: Painting is incomplete from repairs and modifications. Bare steel on Ramada, Ramada countertop underneath only primed, Investigator’s Observation: Paint is not complete on all steel including rain curtain. Respondent should complete all paint in their scope, correct all paint that is insufficient to cover, correct all overspray and any damage caused to paint by the work of the Respondent. (See JSI Photos #6 - #7) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

Compliance Item 4: streaks on west wall to the south of Ramada and overspray on sheer decent wall.; Investigator’s Observation: Paint is not complete on west wall. Overspray is visible on sheer decent wall. Respondent should complete all paint in their scope, correct all paint that is insufficient to cover, correct all overspray and any damage caused to paint by the work of the Respondent. (See JSI Photos #8 - #10) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

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

it leaked 2 days after when we tested. Contractor employee Tyler Tew became confrontational and verbally abusive when we tried to inform them leak was not fixed.; Investigator’s Observation: Water damage is visible on wall. Respondent should identify the cause of leak and correct condition as well as all damage caused by the leak. Concealed plumbing requires permit/inspection. Respondent should obtain building official reinspection for any corrections made to previously passed, concealed plumbing. Respondent should provide a copy of the closed permit/certificate of occupancy for this project to this Investigator. (See JSI Photos #11) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

Compliance Item 6: There was a leak at corrugated deco drain pipe that was leaking so badly water seeped to the surface. Informed contractor. They said there was no leak and back filled. I excavated the area and duplicated the leak and sent video evidence. Contractor employee Tyler Tew became confrontational and argumentative when I sent video evidence and said it was acceptable per ROC. Corrugated pipe has obvious punctures and is not of the leeching type. Leak is near plumbing for the pool and has already caused settlement issues in the area. Informed contractor to leave area excavated so I could verify leak had been repaired but again became confrontational and said if they left it open I, the homeowner, would have to backfill. Contractor has attempted multiple times to say things are corrected or fixed and "cover things up". Investigator’s Observation: There is a visible hole in the drain pipe. Respondent should correct this condition as well as all damage caused by the leak. Concealed plumbing requires permit/inspection. Respondent should obtain building official reinspection for any corrections made to previously passed, concealed plumbing. Respondent should provide a copy of the closed permit/certificate of occupancy for this project to this Investigator. (See JSI Photos #12 - #15) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

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

Compliance Item 10: Due to all the repairs and excavation, granite cover rock is uneven, showing exposed dirt and is stained in multiple areas from paint and concrete.; Investigator’s Observation: Rock is unevenly spread, shows exposed dirt and stains. Respondent should correct these condition by appropriate methods. (See JSI Photos #12 - #15) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

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

ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

Compliance Item 12: connections behind Ramada sink are not glued; Investigator’s Observation: Connections are not secured. Respondent should correct by appropriate methods. (See JSI Photos #16) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

Compliance Item 13: There is a plastic bottle behind Ramada in the ground that was to mark something but it is unknown what. I believe there is a valve for the rain curtain that should be accessible in the area.; there are valves behind sheer decent wall that have been buried and are not accessible; Investigator’s Observation: No valve box has been installed at either valve location. Respondent should complete their scope of work with appropriate material and by appropriate methods. (See JSI Photos #17 - #19) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

Compliance Item 14: West wall by tree still has holes from concrete anchors that were used to put up temporarily pool fence by contractor, needs patch and paint Investigator’s Observation: Holes are visible. Respondent should correct this condition by appropriate methods. (See JSI Photos #20) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

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

completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

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: Don LoGuercio 5820 East Marconi Avenue SCOTTSDALE, AZ 85254

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: Lavender Landscape Design Co. LLC DBA: 602 W 22nd St Tempe, AZ 85282

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 December 6, 2023

License No. ROC 326465

Re:Complaint No. 2023-09557

AMENDED WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

Any request for extension of Directive period must be received prior to the expiration date/time and include sufficient evidence to substantiate request such as inspection or material delays.

Item #1 has been edited (typo of 1’16” corrected to 1/16”) Item #15 has been added

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 hours of install. Cracks are easily wide enough to fit a quarter into. Seam is wider during morning after it has cooled and narrower under heat from sunlight.; Investigator’s Observation: At this time, the joint width of this stone slab is greater than 3/8”. Minimum workmanship standards does not allow for a joint width greater than 1/16”. Respondent should correct by appropriate methods. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 already caused settlement issues in the area. Informed contractor to leave area excavated so I could verify leak had been repaired but again became confrontational and said if they left it open I, the homeowner, would have to backfill. Contractor has attempted multiple times to say things are corrected or fixed and "cover things up". Investigator’s Observation: There is a visible hole in the drain pipe. Respondent should correct this condition as well as all damage caused by the leak. Concealed plumbing requires permit/inspection. Respondent should obtain building official reinspection for any corrections made to previously passed, concealed plumbing. Respondent should provide a copy of the closed permit/certificate of occupancy for this project to this Investigator. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 inspection by the building authority. Respondent states that drywell was inspected, however, drywell has been reworked. Respondent should obtain building official reinspection for any corrections made to previously passed, storm water appurtenance. Respondent should provide a copy of the closed permit/certificate of occupancy for this project to this Investigator. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Compliance Item 14: West wall by tree still has holes from concrete anchors that were used to put up temporarily pool fence by contractor, needs patch and paint Investigator’s Observation: Holes are visible. Respondent should correct this condition by appropriate methods. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Investigator’s Observation: Directive period has been extended to allow for the Respondent to comply with the requirements of the building official and address this fail notice. Respondent should complete their scope of work and comply with all requirement of the building official (permit/inspection) relative to their scope. Respondent should provide a copy of the closed permit/certificate of occupancy for this project to this Investigator. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

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

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

Sincerely, Lisa Melton Lisa Melton, Investigator #206

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 602 7716736 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812

License mailing address (if different from account/company address of record):

Lavender Landscape Design Co. LLC 602 W 22nd St Tempe, AZ 85282

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: Don LoGuercio 5820 East Marconi Avenue SCOTTSDALE, AZ 85254

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: Lavender Landscape Design Co. LLC DBA: 1872 E Broadway Rd Tempe, AZ 85282

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

C012 05/21 January 10, 2024

Compliance Jobsite Inspection Notice Re: Complaint No. 2023-09557

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for January 22, 2024 at 09:00 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, Lisa Melton Investigator #206 602 7716736 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812 License mailing address (if different from account/company address of record):

cc:

Lavender Landscape Design Co. LLC 602 W 22nd St Tempe, AZ 85282

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

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amp;%./(%*/&0%1023#45 63 010 Complainant: Don LoGuercio 5820 East Marconi Avenue SCOTTSDALE, AZ 85254

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Respondent: Lavender Landscape Design Co. LLC DBA: 1872 E Broadway Rd Tempe, AZ 85282

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Case No.: 2023-09557 Investigator: Lisa Melton Inspection Date: Inspection Time:

Compliance Jobsite General Notes: JSI photos and audio was recorded with my agency issued Pixel 6 Pro phone.

Compliance Findings:

Compliance Item 1: Countertop installed has cracked down center of seam. Contractor has attempted to correct it 3 times. 1st: they cut 2" too short and had scrap piece in seam, 2nd: cracked within 24 hours of install down center, 3rd: cracked within 24 hours of install. Cracks are easily wide enough to fit a quarter into. Seam is wider during morning after it has cooled and narrower under heat from sunlight.; Investigator’s Observation at INITIAL JOBSITE INSPECTION: At this time, the joint width of this stone slab is greater than 3/8”. Minimum workmanship standards does not allow for a joint width greater than 1/16”. Respondent should correct by appropriate methods. Investigator’s Observation at COMPLIANCE JOBSITE INSPECTION: Subsequent to the Compliance Inspection, Respondent provided information from countertop manufacturer stating in part: B. Preliminary Installation 4. Allow gaps for expansion of not less than 1/8 inch when installing and Best Practices If there is a wall behind the countertop it is highly recommended to make ¼” seams following the cook top edges. Subject countertop does not have wall behind countertop and is not adjacent to cooktop edges. Manufacturer seam allowance (1/8”) is greater than the Workmanship Standards for joint width (1/16”). Seam/joint width is in some areas ¼” in width. Joint width (seam) does not meet workmanship standards (1/16”) or manufacturer recommendations (1/8”). (CJSI Photos #2 - #3) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

Compliance Item 4: streaks on west wall to the south of Ramada and overspray on sheer decent wall.; Investigator’s Observation at INITIAL JOBSITE INSPECTION: Paint is not complete on west wall. Overspray is visible on sheer decent wall. Respondent should complete all paint in their scope, correct all paint that is insufficient to cover, correct all overspray and any damage caused to paint by the work of the Respondent. Investigator’s Observation at COMPLIANCE JOBSITE INSPECTION: Streaking remains. It appears no correction was attempted on this Item during period of Written Directive. (CJSI Photos #4) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

Compliance Item 11: Drywell was recently "fixed" by contractor. We need to ensure this is to code by ROC inspector as we have had settlement of 6+" in the area over a few short months and it has cracked concrete and pavers in area. We had to request multiple times that walls and top be lined with fabric as per verbal discussions with contractor employees. Contractor recently excavated drywell, at our request, to find that 1/2 of the drywell was already filled with dirt and ineffective. Contractor lied about there being fabric liner on sides and only recently corrected after we wanted photos verifying it. Contractor employee Tyler Tew became confrontational once again. Please verify that drywell has been properly installed.; Investigator’s Observation at INITIAL JOBSITE INSPECTION: Inspection of drywell is under the authority of the building official. The Registrar does not inspect/evaluate work that requires permit and inspection by the building authority. Respondent states that drywell was inspected, however, drywell has been reworked. Respondent should obtain building official reinspection for any corrections made to previously passed, storm water appurtenance. Respondent should provide a copy of the closed permit/certificate of occupancy for this project to this Investigator. Investigator’s Observation at COMPLIANCE JOBSITE INSPECTION: Respondent did not provide copy of closed permit/certificate of occupancy as directed. Permit remains open. (No Photo) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

Compliance Item 15: On November 17, 2023, Complainant provided a copy of failed inspection from the City of Phoenix, the notice was provided to the parties as additional information. On November 17, 2023, the Respondent replied that they had received the notice and were working on resolution. On November 29, 2023, the Respondent advised that they “should be able to have this completed by the end of next week”. Investigator’s Observation: Directive period has been extended to allow for the Respondent to comply with the requirements of the building official and address this fail notice. Respondent should complete their scope of work and comply with all requirement of the building official (permit/inspection) relative to their scope. Respondent should provide a copy of the closed permit/certificate of occupancy for this project to this Investigator. Investigator’s Observation at COMPLIANCE JOBSITE INSPECTION: On November 3, 2023, Respondent was directed to provide closed permit/certificate of occupancy to ROC Investigator by November 20, 2023. On November 13, 2023, the building official “red tagged” the project and identified the following corrections:

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Complainant agreed to allow additional time and the Directive was extended to December 22, 2023. On December 22, 2023, over a month after the City of Phoenix issued correction notice, the Respondent advised that they are in the “process of closing out the structure permit”. Certificate of Special Inspection from the City of Scottsdale (dated December 14, 2023) was obtained for this project by the Respondent, project is permitted by the City of Phoenix. Respondent did not comply with the requirements of the building official and address this fail notice. Respondent did not comply with all requirement of the building official (permit/inspection) relative to their scope. Respondent did not obtain closed permit/certificate of occupancy for this project. Permit remains open. (No Photo) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

Note:

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Please review the complaint items listed above. If any of the items have not been corrected at the time of the compliance inspection this complaint will be forwarded to the Registrar’s legal department and a citation may be issued.

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

Sincerely, Lisa Melton Investigator #206 602 7716736 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812

License mailing address (if different from account/company address of record): Lavender Landscape Design Co. LLC 602 W 22nd St Tempe, AZ 85282

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Complainant: Don LoGuercio 5820 East Marconi Avenue SCOTTSDALE, AZ 85254

Compliance Jobsite General Notes: JSI photos and audio was recorded with my agency issued Pixel 6 Pro phone.

Compliance Findings:

Compliance Item 1: Countertop installed has cracked down center of seam. Contractor has attempted to correct it 3 times. 1st: they cut 2" too short and had scrap piece in seam, 2nd: cracked within 24 hours of install down center, 3rd: cracked within 24 hours of install. Cracks are easily wide enough to fit a quarter into. Seam is wider during morning after it has cooled and narrower under heat from sunlight.; Investigator’s Observation at INITIAL JOBSITE INSPECTION: At this time, the joint width of this stone slab is greater than 3/8”. Minimum workmanship standards does not allow for a joint width greater than 1/16”. Respondent should correct by appropriate methods. Investigator’s Observation at COMPLIANCE JOBSITE INSPECTION: Subsequent to the Compliance Inspection, Respondent provided information from countertop manufacturer stating in part: B. Preliminary Installation 4. Allow gaps for expansion of not less than 1/8 inch when installing and Best Practices If there is a wall behind the countertop it is highly recommended to make ¼” seams following the cook top edges. Subject countertop does not have wall behind countertop and is not adjacent to cooktop edges. Manufacturer seam allowance (1/8”) is greater than the Workmanship Standards for joint width (1/16”). Seam that was cracked and has been redone now shows joint which is in some areas ¼” in width. Joint width (seam) does not meet workmanship standards or manufacturer recommendations. (CJSI Photos #2 - #3) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

Compliance Item 4: streaks on west wall to the south of Ramada and overspray on sheer decent wall.; Investigator’s Observation at INITIAL JOBSITE INSPECTION: Paint is not complete on west wall. Overspray is visible on sheer decent wall. Respondent should complete all paint in their scope, correct all paint that is insufficient to cover, correct all overspray and any damage caused to paint by the work of the Respondent. Investigator’s Observation at COMPLIANCE JOBSITE INSPECTION: (CJSI Photos #4) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

Compliance Item 11: Drywell was recently "fixed" by contractor. We need to ensure this is to code by ROC inspector as we have had settlement of 6+" in the area over a few short months and it has cracked concrete and pavers in area. We had to request multiple times that walls and top be lined with fabric as per verbal discussions with contractor employees. Contractor recently excavated drywell, at our request, to find that 1/2 of the drywell was already filled with dirt and ineffective. Contractor lied about there being fabric liner on sides and only recently corrected after we wanted photos verifying it. Contractor employee Tyler Tew became confrontational once again. Please verify that drywell has been properly installed.; Investigator’s Observation at INITIAL JOBSITE INSPECTION: Inspection of drywell is under the authority of the building official. The Registrar does not inspect/evaluate work that requires permit and inspection by the building authority. Respondent states that drywell was inspected, however, drywell has been reworked. Respondent should obtain building official reinspection for any corrections made to previously passed, storm water appurtenance. Respondent should provide a copy of the closed permit/certificate of occupancy for this project to this Investigator. Investigator’s Observation at COMPLIANCE JOBSITE INSPECTION: (No Photo) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

Compliance Item 15: On November 17, 2023, Complainant provided a copy of failed inspection from the City of Phoenix, the notice was provided to the parties as additional information. On November 17, 2023, the Respondent replied that they had received the notice and were working on resolution. On November 29, 2023, the Respondent advised that they “should be able to have this completed by the end of next week”. Investigator’s Observation at INITIAL JOBSITE INSPECTION: Directive period has been extended to allow for the Respondent to comply with the requirements of the building official and address this fail notice. Respondent should complete their scope of work and comply with all requirement of the building official (permit/inspection) relative to their scope. Respondent should provide a copy of the closed permit/certificate of occupancy for this project to this Investigator. Investigator’s Observation at COMPLIANCE JOBSITE INSPECTION: (No Photo) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

Note: 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Please review the complaint items listed above. If any of the items have not been corrected at the time of the compliance inspection this complaint will be forwarded to the Registrar’s legal department and a citation may be issued.

Sincerely, Lisa Melton Investigator #206 602 7716736 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812

License mailing address (if different from account/company address of record): Lavender Landscape Design Co. LLC 602 W 22nd St Tempe, AZ 85282

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Complainant: Don LoGuercio 5820 East Marconi Avenue SCOTTSDALE, AZ 85254

Compliance Jobsite General Notes: JSI photos and audio was recorded with my agency issued Pixel 6 Pro phone.

Compliance Findings:

Compliance Item 1: Countertop installed has cracked down center of seam. Contractor has attempted to correct it 3 times. 1st: they cut 2" too short and had scrap piece in seam, 2nd: cracked within 24 hours of install down center, 3rd: cracked within 24 hours of install. Cracks are easily wide enough to fit a quarter into. Seam is wider during morning after it has cooled and narrower under heat from sunlight.; Investigator’s Observation at INITIAL JOBSITE INSPECTION: At this time, the joint width of this stone slab is greater than 3/8”. Minimum workmanship standards does not allow for a joint width greater than 1/16”. Respondent should correct by appropriate methods. Investigator’s Observation at COMPLIANCE JOBSITE INSPECTION: Subsequent to the Compliance Inspection, Respondent provided information from countertop manufacturer stating in part: B. Preliminary Installation 4. Allow gaps for expansion of not less than 1/8 inch when installing and Best Practices If there is a wall behind the countertop it is highly recommended to make ¼” seams following the cook top edges. Subject countertop does not have wall behind countertop and is not adjacent to cooktop edges. Manufacturer seam allowance (1/8”) is greater than the Workmanship Standards for joint width (1/16”). Seam that was cracked and has been redone now shows joint which is in some areas ¼” in width. Joint width (seam) does not meet workmanship standards or manufacturer recommendations. (CJSI Photos #2 - #3) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

Compliance Item 4: streaks on west wall to the south of Ramada and overspray on sheer decent wall.; Investigator’s Observation at INITIAL JOBSITE INSPECTION: Paint is not complete on west wall. Overspray is visible on sheer decent wall. Respondent should complete all paint in their scope, correct all paint that is insufficient to cover, correct all overspray and any damage caused to paint by the work of the Respondent. Investigator’s Observation at COMPLIANCE JOBSITE INSPECTION: (CJSI Photos #4) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

Compliance Item 11: Drywell was recently "fixed" by contractor. We need to ensure this is to code by ROC inspector as we have had settlement of 6+" in the area over a few short months and it has cracked concrete and pavers in area. We had to request multiple times that walls and top be lined with fabric as per verbal discussions with contractor employees. Contractor recently excavated drywell, at our request, to find that 1/2 of the drywell was already filled with dirt and ineffective. Contractor lied about there being fabric liner on sides and only recently corrected after we wanted photos verifying it. Contractor employee Tyler Tew became confrontational once again. Please verify that drywell has been properly installed.; Investigator’s Observation at INITIAL JOBSITE INSPECTION: Inspection of drywell is under the authority of the building official. The Registrar does not inspect/evaluate work that requires permit and inspection by the building authority. Respondent states that drywell was inspected, however, drywell has been reworked. Respondent should obtain building official reinspection for any corrections made to previously passed, storm water appurtenance. Respondent should provide a copy of the closed permit/certificate of occupancy for this project to this Investigator. Investigator’s Observation at COMPLIANCE JOBSITE INSPECTION: (No Photo) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

Compliance Item 15: On November 17, 2023, Complainant provided a copy of failed inspection from the City of Phoenix, the notice was provided to the parties as additional information. On November 17, 2023, the Respondent replied that they had received the notice and were working on resolution. On November 29, 2023, the Respondent advised that they “should be able to have this completed by the end of next week”. Investigator’s Observation at INITIAL JOBSITE INSPECTION: Directive period has been extended to allow for the Respondent to comply with the requirements of the building official and address this fail notice. Respondent should complete their scope of work and comply with all requirement of the building official (permit/inspection) relative to their scope. Respondent should provide a copy of the closed permit/certificate of occupancy for this project to this Investigator. Investigator’s Observation at COMPLIANCE JOBSITE INSPECTION: (No Photo) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

Sincerely, Lisa Melton Investigator #206 602 7716736 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812

License mailing address (if different from account/company address of record): Lavender Landscape Design Co. LLC 602 W 22nd St Tempe, AZ 85282

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Don LoGuercio, Case No. 2023-09557 COMPLAINANT v. Lavender Landscape Design Co. LLC, CITATION License No. ROC 326465, RESPONDENT

The Registrar issues this Citation to Lavender Landscape Design Co. LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by February 21, 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 21, 2023, Don LoGuercio (“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(b): A

contractor shall perform all work in accordance with any applicable building codes

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity. 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. 2023-09557. of 6

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted]

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

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

Registrar actually receives it.

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

Registrar no later than February 21, 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

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 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

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 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 February 6, 2024. By: /s/ Meridith Bell Meridith Bell Legal Assistant II Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, February 6, 2024 to:

Respondent Certified Mail No: [number redacted]

Lavender Landscape Design Co. LLC 1872 E Broadway Rd. Tempe, AZ 85282 Copy mailed by USPS First Class mail this same date to:

Respondent Lavender Landscape Design Co. LLC 1872 E. Broadway Rd. Tempe, AZ 85282

Respondent Lavender Landscape Design Co. LLC 602 W. 22nd St. Tempe, AZ 85282

Complainant Don LoGuercio 5820 East Marconi Ave. Scottsdale AZ 85254

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Copy 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. 2023-09557

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

Person Filing Complaint Full Name (First Middle Last) Business Name (if a licensed contractor or supplier) ROC License Number(s) (if any)

Don LoGuercio Mailing Address (Enter jobsite in Contract/Project section) City State Zip

5820 East Marconi Avenue SCOTTSDALE Arizona 85254 Phone Number Email

[number redacted] [email redacted] I consent to receive communications electronically in connection with this case Name of Attorney (if any)

Street Address of Attorney City State Zip

Phone Number of Attorney Email of Attorney

Contractor Information Name (as shown on contract/invoice) ROC License Number(s)

Lavender Landscape Design Co LLC ROC 326465 Street Address City State Zip

602 W 22nd St Tempe AZ 85282 Phone Number Email

(602) 501-2332 [email redacted] Name of Person(s) Representing License

Haley Anne Tew Contract/Project Information Contract Date Contract Amount Amount Paid

September 25, 2021 $267,059.07 $257,652.35 Date Work Started Date Work Stopped Date Work Was Completed

September 25, 2021 August 17, 2023 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

5820 East Marconi Avenue Scottsdale AZ 85254 Name of Construction Site Owner Construction Site Name (if applicable)

Don LoGuercio Phone Number of Construction Site Owner Email of Construction Site Owner

[number redacted] [email redacted] This complaint is for Poor Work;Other I have contacted the contractor by Phone/Text;Email Have you filed a complaint in court? No

RCC099 12/05/18 Page 1 of 3 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

Has any work been corrected? No

The contract was Written All change orders were Written This project was Residential This project involved Other

A building permit was obtained by Contractor RSP 21041739 Phoenix List and briefly describe each complaint item (Please do not write "see attached" or use additional pages unless necessary to further describe issues or list more complaint items) (limited to 100 characters per line)

Countertop installed has cracked down center of seam. Contractor has attempted to correct it 3 times. 1st: they cut 2" too short and had scrap piece in seam, 2nd: cracked within 24 hours of install down center, 3rd: cracked within 24 hours of install. Cracks are easily wide enough to fit a quarter into. Seam is wider during morning after it has cooled and narrower under heat from sunlight.;Ramada ceiling leaks at SW corner when rain curtain runs. Contractor has stated that there are no leaks but we have provided video evidence of the leak and can easily reproduce it.;Painting is incomplete from repairs and modifications. Bare steel on Ramada, Ramada countertop underneath only primed, streaks on west wall to the south of Ramada and overspray on sheer decent wall.;Leak at sheer decent wall with the east sheer decent. Contactor has said they fixed leaks but it continues to leak . It looks like contractor tried to cover up leak and not fix joint inside block wall. Leak is not leeching through and causing cracks on the wall. There is also a leak at the main T. Contactor said they fixed leaks but it leaked 2 days after when we tested. Contractor employee Tyler Tew became confrontational and verbally abusive when we tried to inform them leak was not fixed.;There was a leak at corrugated deco drain pipe that was leaking so badly water seeped to the surface. Informed contractor. They said there was no leak and back filled. I excavated the area and duplicated the leak and sent video evidence. Contractor employee Tyler Tew became confrontational and argumentative when I sent video evidence and said it was acceptable per ROC. Corrugated pipe has obvious punctures and is not of the leeching type. Leak is near plumbing for the pool and has already caused settlement issues in the area. Informed contractor to leave area excavated so I could verify leak had been repaired but again became confrontational and said if they left it open I, the homeowner, would have to backfill. Contractor has attempted multiple times to say things are corrected or fixed and "cover things up". These are just the only pending items and not historical items.;Multiple plants have died and need to be replaced. Contractor states they want to wait until it cools down. This is acceptable but want to make sure it gets complete.;Contractor continues to send invoices for full amount due on contract even though we had outlined hold backs for incomplete items. Per contract, funds are not due until punch list items/hold backs are completed. Contractor has been very forceful asking us just to pay and they "promise" to take care of things.;Due to all the repairs and excavation, granite cover rock is uneven, showing exposed dirt and is stained in multiple areas from paint and concrete.;Drywell was recently "fixed" by contractor. We need to ensure this is to code by ROC inspector as we have had settlement of 6+" in the area over a few short months and it has cracked concrete and pavers in area. We had to request multiple times that walls and top be lined with fabric as per verbal discussions with contractor employees. Contractor recently excavated drywell, at our request, to find that 1/2 of the drywell was already filled with dirt and ineffective. Contractor lied about there being fabric liner on sides and only recently corrected after we wanted photos verifying it. Contractor employee Tyler Tew became confrontational once again. Please verify that drywell has been properly installed.; connections behind Ramada sink are not glued; There is a plastic bottle behind Ramada in the ground that was to mark something but it is unknown what. I believe there is a valve for the rain curtain that should be accessible in the area.; there are valves behind sheer decent wall that have been buried and are not accessible; West wall by tree still has holes from concrete anchors that were used to put up temporarily pool fence by contractor, needs patch and paint

Signature I declare under penalty of perjury that the information and documents contained on this Complaint Form, included with this complaint, or hereafter submitted in support of this complaint are true and accurate to the best of my knowledge. I will assist in the investigation or in the prosecution of the contractor or other parties, and will, if necessary, attend hearings and testify to facts. Printed Name Signature Date

Don LoGuercio \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 3 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

RCC099 12/05/18 Page 3 of 3 LoGuercio, Don & Sara Landscape & Pool Proposal

Property Located at 5820 E Marconi Ave

Scottsdale, AZ 85254 (Phoenix Jurisdiction)

Brett Berger Senior Designer

9/9/2021

Existing Site Conditions Summary (Mobilization and Demolition)

Pre-Construction & Mobilization $ 5,516.50 Dump Truck and Cat Street Removal Loads estimate Port o Potty

Demolition & Site Conditions 2200 Site prep Grading - Fine Grading - Demo Repair $ 1,028.50 270 SF of existing travertine & concrete paver removal $ 631.13 640 Sq ft of jackhammer of kool deck and concrete removal $ 2,992.00 SF up to 12" depth footer removal (basketball post removal) $ 280.50 L' border removal at sand area & palms $ 299.20 1800 SF granite collect to street - haul off required per 7 tons $ 841.50 240 SF sand collect to street - haul off required per 7 tons $ 112.20 Custom Bid - (1) large palm removal & stump grind (includes haul- away & 2 additional stump grinds) $ 875.00 Homeowner provided items full day installation fee (Fan, New age cabinets by homeowner, etc.) $ 2,244.00 Rentals - i.e.. Bobcat, stump grinder, reach fork, trencher $ 561.00

Existing Site Conditions Summary $ 15,381.53

Pool Summary Pool Demo & New Pool (14'x33', 3'x4'x5' depths) New Pool Specs: 94 L' Perimeter, 462 SF Area, 838 Interior Area Demo of existing 100 L' diving pool, backfill and compaction $ 12,024.66 L' Access - Pool Layout, Standard excavator, $ 6,071.86 STANDARD Bond Beam/Shotcrete, Steel $ 7,262.42 Equipment: 1 Pentair Cartridge Filter, 1 Pentair Variable Speed Pump (filter functions and 1 rain curtain), 2 single speed Pentair pumps (1- splash pad, 1-scuppers & bubblers), Hybrid Heater Heat Pump (Pentair Ultratemp 220K BTU) $ 10,595.98 Vacuum Pool Base, skimmer, in-line chlorinator, leveler, main drain, surface returns, (2) bubblers with parascopes $ 9,107.78 Automatic in-floor cleaning system, (5) Microbright lights w/ 100 L' cord, (1) umbrella sleeve $ 8,691.09 Mini Pebble interior finish (standard colors) $ 5,952.80

Electric run & connections, propane line run up to 20 L' *Propane tanks by others $ 4,881.30 Site clean up, start-up, permits/engineering, dump & delivery fees $ 8,393.45

Pool Veneer L' Standard Blue Dot Tile $ 2,692.80

Extras/Upgrades # 4' wide stainless steel scuppers $ 1,456.00 7' L Rain sheer decent and installation $ 1,904.00

Enhanced Automation Intellicenter Pool Panel Interface for Easy Touch Integration *Does not include electrical panel upgrade to 400AMP if required. $ 3,452.62

Pool Summary $ 82,486.75

Landscape Summary

Masonry L' water feature wall @ 42" H - NON-RETAINING, STRAIGHT $ 1,944.80 L' Entertainment Wall @ 96"H x 16"W includes windows (2'-6" x 3'-0") and conduit $ 7,012.50 Engineering over 6' H on walls $ 654.50 Delivery Fee $ 187.00

BBQ L' Steel Floating Bar, includes travertine paver cap (excludes stone slabs and labor) $ 6,838.85

Fire Feature Propane firepit by homeowner, install by homeowner $ -

Veneer 153 SF Flats Silver splitface (Entertainment wall, water feature wall) $ 3,805.26 L' Corners Silver splitface (Entertainment wall, Water feature wall) $ 1,035.98

Decking - 250 SF MINIMUM 1763 SF - Paver Level II - Silver Travertine (12"x12", running bond) $ 28,517.41 1763 SF - Optional Paver Level III - Silver Tarvertine (12"x24" or 16"x24") - $33,297.78 SF - Paver Step Pads - Silver Travertine (12"x12) $ 319.68 SF - Optional Paver Step Pads - Silver Travertine (12"x24" or 16"x24") - $354.93 SF- Straight coping - Silver Travertine (12"x12", side-by-side) $ 2,383.41 SF - Optional Straight Coping - Silver Tarvertine (12"x24" or 16"x24") - $2,537.96 Delivery Fee Per decking type $ 224.40

Utilities 120 L' Electric Run and trenching (includes sleeve)(60 L' Minimum) $ 2,692.80 GFCI or Switch $ 1,168.75 140 L' Water Run (for sink & misting fan) $ 785.40

Irrigation Hunter 4 Timer $ 187.00 Valves =(2)Drip valves:(1) Shrubs,(1) Palms $ 561.00 L' 2" Sleeving for pottery and utilities $ 18.70 FEBCO PVB (for irrigation & misting fan pump $ 467.50 Hose Bib (for misting fan pump) $ 280.50 L' 6" Scored PVC Concealed Decko Drain $ 2,805.00 L' corrugated drain pipe $ 1,065.90 Drain Box $ 149.60 Individual Bug Emmitter and Line for poly system $ 78.54 400 L' Heavy Duty Poly Line $ 1,496.00 Delivery Fee $ 93.50

Plantings 5 gal standard shrub (Sage, Hopseed, Grasses) $ 196.35 5 gal specialty shrub (Ficus Hedge, sour orange, staked vine, rose) $ 454.41 Delivery Fee $ 56.10

Header L' Tarvertine Pavers Border - mud set - Silver color, 6"x12" size $ 777.92

Lawn/Turf 765 SF 80oz Artificial Turf, Bermuda Pro $ 7,510.39 765 SF Pet infill $ 500.69

Rock, Soil # Tons Granite - Charcoal, 1" screened size, pre-emergent $ 1,211.76 Delivery Fee Under 10 tons $ 112.20

Permits & Fees Structural Engineering $ 1,589.50 Permits: utilities (propane, electric), entertainment wall, etc. $ 1,402.50

Custom Pricing Requests Custom Steel Structure $ 56,193.50 15'x22'-6" - 4"x12" steel frame, 3"x8" midbeams, (4) 6"x6" post, attached to entertainment wall, Tongue and groove (stained or painted), Stainless steel rain curtain support - 28 L' @ 8" W (4) can lights/conduit, fan provided by h/o, install by Lavender Install Splash Pad & Concrete Pad (Kit provided by H/O) $ 10,285.00 10'x10' concrete pad, Install of splash pad kit, plumbing to pool included (pump for splash included in pool section. *Splash pad kit purchased by homeowner (Raindeck 8 nozzle, pool tie-in, RD201- 1)

Landscape Summary $ 145,064.29

Client Provided Items (Designer to add as required - items must be selected prior to construction start) New age cabinets, fan, pottery, splash pad kit, etc.

Client Initials for Provided Items Exclusions OPTIONAL items All BBQ Equipment, Access Doors, New Age Cabinets, Fan, misting system, etc. Audio Visual Equipment, Televisions, sleeving or wires Damage From Acts of God including pet damage, frost, fire, insects, etc.. Pool Code Fencing and Closures (Mesh fencing, door closures, etc.) Furniture, Pottery, Appliances, Stone slabs for countertops (i.e. granite, diresco, etc.) 400 AMP Panel Upgrade Hard Dig and Overbreak Unmarked Utilities that do not Bluestake Bluesta Engineering Client Initials for Exclusions

Landscape Total $ 160,445.82 Pool Total $ 82,486.75 Design Fee Discount $ (5,000.00) Friends and Family Discount $ (1,000.00)

Project Total $ 237,932.57

PAYMENT TERMS: 30% due at signing, s 30% due at demo completion, 30% due at masonry completion, balance due at punch list walk less punch list items. Punch List items will have a dollar value assigned by Lavender Landscape Design Co LLC and withheld until final sign off.

30%= $ 71,379.77 10%= $ 23,793.26

Client Initials for Payment Terms

CHANGE ORDERS: Change orders are due 100% in full upon signing. No work can begin on change orders until payment is received. Change orders shall be considered additions to original contract and schedule and cannot withhold final payments on original contracted work. Client agrees that any changes to the Services will result in additional charges and an extension of the total anticipated project timeline.

cco o Client Initials for Change Orders TERMS OF SERVICE This contract for service and construction will be effective on the date of Client signature below, at the Property and address listed above. Client will obtain Lavender Landscape's services to perform the work detailed in this document; detailed plans and specifications have been provided to Client and this contract/document is based off of those agreed upon plans and specifications. Client agrees to pay Lavender Landscape in accordance with the Payment Terms listed above. This pricing is good and valid for 30 days from date listed on this Contract.

Additional Payment Terms - Lavender Landscape will invoice Client using Intuit QuickBooks. Client will receive invoice via email prior to due date and invoice must be paid by Client on or before date is due via bank transfer. Client may pay with credit card and must specify in writing; credit card payment requires adjustment of the QuickBooks invoice to include a 3% credit card processing fee.

Changes in the Services - Client may request reasonable changes to the Services in the available services listed above. Any changes to the Services must be in writing; Lavender Landscape will create a Change Order to confirm requested changes to the Services, and Change Order must be signed by both Lavender Landscape and Client. Client agrees that any changes to the Services will result in additional charges and an extension of the total anticipated project timeline. Client agrees to a $250 change order fee that will be applied to each individual change order. Change orders are due 100% in full upon signing. No work can begin on change orders until payment is received. Change orders shall be considered additions to original contract and schedule and cannot withhold final payments on original contracted work.

Delay of Job Fee - Hindering the progress of work on an active construction site will result in a $250 per day job delay fee if the crew has started work for the day and is asked to stop. This fee will only be assessed due to changes to the approved plan documents or inability to access the jobsite, not for reasons outside of the clients control.

Warranty - Lavender Landscape provides a warranty on all work performed during the Services in the Contract. Should any issues or dissatisfaction arise with the finished Services, Client should contact Lavender Landscape to discuss Services and Warranty. Warranty period starts from the date that Services are paid for in full. Lavender Landscape does not warrant items that have been damaged due to neglect, vandalism, or acts of god, such as frost, insects, high winds, etc. Client agrees to use basic standards of care for all living materials and conduct proper pest control and maintenance. Client agrees to conduct routine maintenance and service checks on all mechanical and plumbing equipment to ensure proper function. Please email [email redacted] for warranty inquiries.

Days: Plantings & Lawn 2 years: Pool Equipment, In-Floor 180 days: Lighting & Irrigation Cleaning, & Interior Finishes Years: Decking, Masonry, Artificial 5 years: Pool Plumbing Turf, Grading & Drainage, Water 10 years: Pool Shell Features, & Fire Features

Notes on Plantings: Lavender will not replace plantings until 30 days after the final payment is made. This is to ensure that all plantings settle into their new environments and allows us to replace all necessary plantings that may be affected.

Notes on Natural Stone: Natural stone decking or veneers will have natural variation and imperfections within the stone that are considered standard. Physical damage such as major chips, breaks and cracks will be replaced under warranty. Rejection of standard natural stone variations may be replaced and subject to a Change Order to be paid for by Client.

Contractor/Lavender Landscape Obligations - Lavender Landscape is a duly licensed company in good standing, ROC #326465. Contractor will perform the Services in a workmanlike manner, in compliance with all applicable laws, regulations, codes, restrictive covenants, and homeowners’ association requirements. Lavender Landscape agrees to furnish the labor, materials, and supplies necessary to

perform the Services in accordance with the terms and conditions contained in this Contract. Upon completion of the Services, Contractor will remove all materials, supplies, and other debris. Lavender Landscape and representatives, partners, and crews will exercise reasonable skill and care in the performance of the work. Lavender Landscape reserves the right to photograph or film any parts of the design or construction process related to our work together, for use in marketing and social media.

Client Obligations - Client will provide Lavender Landscape, its employees, agents, partners, crew, and subcontractors, reasonable access to the Property for the purpose of performing the Services, without interference by the Client of by the other contractors of the Client. Client agrees to keep the Property clear of all known and potential hazards. Client further agrees to keep all pets out of the work area of the Property. Job site access for employees and crews may be between 5am and 6pm, unless otherwise directed. Client agrees to the use of existing utilities on site.

Client is the legal owner of the Property, or otherwise has authority to permit construction upon the Property. The requested Services are in accordance with all applicable laws, regulations, codes, restrictive covenants, and homeowners’ association requirements. Client has the financial ability to pay Lavender Landscape for the Services.

The Client will be responsible for obtaining any planning permission required for the Services. Lavender Landscape agrees to be responsible for obtaining permits and licenses needed over the course of the Services - additional costs may apply - and the Client will give reasonable assistance as required by Lavender Landscape. Lavender Landscape will notify the Client of additional costs and provide a Change Order.

Termination - Client possesses the right to relinquish contractual agreement for a legitimate reason. Client must provide written notice to terminate the Contract, for refund prior to commencement or labor at a 5% penalty rate on open invoices only.

Entire Agreement - This document reflects the entire agreement between the Parties and reflects a complete understanding of the Parties with respect to the subject matter. This Contract supersedes all prior written and oral representations. The Contract may not be amended, altered or supplemented except in writing signed by both Lavender Landscape and Client.

Legal and Binding Contract - This Contract is legal and binding between the Parties as stated above. This Contract may be entered into and is legal and binding in the United States. The Parties each represent that they have the authority to enter into this Contract.

I agree I to the above terms of service, payment and change order terms and full change order amount $ 237,932.57 above of: $

9/25/2021 Client Signature Date

Lavender Signature Date

LoGuercio, Don & Sara Landscape & Pool Proposal