2023A-10109-CHC-ROC Notice of Hearing and Packet 2023-10109.pdf

2023A-10109-CHC-ROC · Registrar of Contractors · 2024-01-12

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Zachary Dierickx , Case No. 2023-10109 COMPLAINANT, Docket No. 2023A-10109-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Candelario Mendoza DBA: Diamond Masonry & Landscape License No. ROC 209083,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

February 27, 2024 1:00 PM Tammy Eigenheer Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

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

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

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

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

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

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

The statutes and rules governing the hearing can be found at: Arizona Revised Statutes §§ 41-1092 to -1092.12, and Arizona Administrative Code R2-19-101 to -122. PARTICULAR ARIZONA STATUTES AND RULES INVOLVED The statutes and rules the Respondent is alleged to have violated are cited in the complaint and citation, which were served on the Respondent on December 14, 2023.

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

Charge: 1 A.R.S. § 32-1154(A)(3) - R4-9-108(a)

Charge: 2 A.R.S. § 32-1154(A)(22)

THE PARTIES TO THE ADMINISTRATIVE HEARING

Because Respondent is a licensee and is charged with an act(s) or omission(s) that is cause for the suspension or revocation of a license, Respondent is a party to this case and will be a party to the hearing. Because Complainant alleged Respondent committed an act(s) or omission(s) that is cause for the suspension or revocation of a license, Complainant is a party to this case and will be a party to the hearing.

Respondent and Complainant, as the parties to the hearing, will present evidence and

argument to the administrative law judge.

The Registrar’s assigned investigator will appear as a witness at the hearing.

RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney. A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented by an officer or employee if that person satisfies the conditions set forth in A.R.S. § 32- 1156(B).

CHANGE OF ADDRESS Each party must inform the Registrar and the Office of Administrative Hearings of any change of address within five (5) days of the change. A.R.S. § 41-1092.04.

HEARING PROCEDURES AND RULES The administrative hearing will be conducted in accordance with A.R.S. §§ 41-1092 to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and processes governing the administrative hearing. Copies of the statutes, rules, and articles regarding the administrative hearing process can be found at https://www.azoah.com/.

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

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

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

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

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

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

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

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

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

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

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

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

party will use at the hearing. A party’s failure to timely disclose any witness or exhibit, without good cause, may result in the administrative law judge excluding those witnesses or exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is available on the Registrar’s website at https://roc.az.gov/forms/RC-L-800A%20- %20Prehearing%20Disclosure%20Statement%2020191007v4.pdf

CHANGING THE HEARING DATE The date of the hearing may only be advanced or delayed on the agreement of the

parties or on a showing of good cause. A.R.S. § 41-1092.05(C). The date of the hearing may

be changed by filing a written agreement of the parties to change the date of the hearing. The

written agreement must be filed with the Office of Administrative Hearings, directed to the

assigned Administrative Law Judge, and transmitted to the Registrar and all other parties. The

assigned Administrative Law Judge may be found on the Office of Administrative Hearings’ web portal at www.azoah.com If a party would like to move the date of the hearing without agreement of all parties, the party must file a written motion with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmit a copy to the Registrar and all other parties.

The motion must state in detail good cause for why the date of the hearing should be advanced or delayed, and the position of all other parties regarding the advancement or delay. A party may also file a motion asserting a right to an expedited hearing upon a showing of extraordinary circumstances or the possibility of irreparable harm. A.R.S. § 41-1092.05(E).

RESOLUTION SHORT OF ADJUDICATION In any case which is resolved or settled by the parties, or which is withdrawn by the Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of the resolution or settlement. Any such cases will be listed on the Registrar’s website and its records under the category: “Closed Complaints – Resolved/Settled/Withdrawn.” Dated January 16, 2024.

By: /s/ Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors

Copy mailed via USPS First Class mail January 16, 2024 to: Respondent(s) Candelario Mendoza DBA: Diamond Masonry & Landscape 15845 N Jerry ST Surprise, AZ 85378

Complainant(s) Zachary Dierickx 26022 n 3rd st phoenix, AZ 85085

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. 2023-10109 /

Katie Hobbs, Governor Martin Quezada, Director

Hearing Packet FAQ What is the Hearing Packet?

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

Who gets the Hearing Packet?

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

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

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

What is in the Hearing Packet?

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

● Original complaint;

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

Katie Hobbs, Governor Martin Quezada, Director

● Citation; and ● Answer.

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

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

What if there are documents missing from the Hearing Packet?

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

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

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

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

Katie Hobbs, Governor Martin Quezada, Director

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

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

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

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

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

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

Complainant: Zachary Dierickx 26022 N 3rd St. Phoenix, AZ 85085

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: Candelario Mendoza DBA: Diamond Masonry & Landscape 15845 N Jerry St. Surprise, AZ 85378

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 August 31, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-10109

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for October 4, 2023 at 1:30 PM. 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, David Fagerburg David Fagerburg, Investigator #210 602 7716735 [email redacted] 1700 W Washington St ,Suite 105 Phoenix, AZ 85007-2812

CC: Respondent Complainant

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 October 4, 2023 2023-10109 JSI Photos

26022 N 3rd St Phoenix, AZ 85085

P 1 P 2 P 3 P 4 P 5 P 6 P 7 P 8 P 9 P 10 P 11 P 12 P 13 Katie Hobbs, Governor Martín Quezada, Director

Jobsite Inspection Notes

Case No.: 2023-10109 Investigator: David Fagerburg #210 Inspection Date: October 4, 2023 Inspection Time: 1:30 PM

Complainant: Zachary Dierickx, Respondent: Candelario Mendoza, Homeowner Owner, Veronica Mendoza, Office Not Present: Manager, DBA Diamond Masonry & Landscape Not Present:

Jobsite General Notes: Both parties were present at this jobsite investigation JSI photos taken with my Pixel 6 Pro Cell Phone JSI audio recorded with my Olympus Digital Voice Recorder model DM-620. Photos #1 and #2 are of the complainant’s residence and address.

Investigator Notes: 1: In reviewing the invoice/contract documents submitted by the complainant I am able to verify there are at least 1 of the 9 minimum elements of a contract missing violating ARS §32-1158 (A) Minimum elements of a contract. Specifically #3, #4, #9. 2: At this jobsite investigation both parties agreed to amend the scope of work to complete the project. This includes the original scope of work that included a finished height from the interior of the property at 6’, Eco Series Precast concrete caps 12” x 24” throughout the 587 linear ft. including all columns and main entrance pillars and will disregard the grey split face block on the second course from the top that is missing throughout the entire block wall. 3: In reviewing the Maricopa County Planning & Development Department website I am able to verify Permit B202115624 was issued April 6, 2023 for a 649 linear ft. CMU Block Wall. 4: At this jobsite investigation the respondent request the complainant sign a release document regarding stepping foot onto the complainant’s property. Apparently the last time the respondent was at the property the complainant called law enforcement after negotiations regarding additional fees escalated and the respondent was informed by law enforcement not to return to the property. The complainant did allow the respondent onto the property to inspect the complaint items. At the end of the jobsite investigation the complainant signed the release document to allow access to correct and complete the project. 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 RCC100 11/18

Compliant Item 1: Grey split face block on second course from top missing throughout entire wall.; Investigator’s Observation: Verified. At this jobsite investigation I observed and am able to verify the grey split face block on the second course from the top is missing throughout entire wall. See P (3) thru P (13). The respondent shall complete the project per the amended invoice/contract and verbal agreement made between the 2 parties during this jobsite investigation. See Investigator Note #2. Governing Rule: Workmanship Rules: ARS §32-1154 (A) (1) (Abandonment), ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 2: They started work then no showed for months; Investigator’s Observation: This is a statement made by the complainant that does not imply poor workmanship. Governing Rule: No Action

Compliant Item 3: they left all the demo including cement pillars fencing and didn't haul away trash or anything and left in my yard for 16 months and counting.; Investigator’s Observation: Verified. At this jobsite investigation I observed and am able to verify the respondent left all the demolition materials including cement pillars fencing, CMU block remnants and didn't haul away the trash. See P (11) thru P (13). Per the invoice/contract submitted by the complainant I am able to verify there is a specification to demo and dispose of current fencing including haul away and dump fees which is included in the total costs. The respondent shall remove the demo materials including cement pillars, fencing, CMU block remnants and trash by appropriate means and complete the project per the original invoice/contract. Governing Rule: Workmanship Rules: ARS §32-1154 (A) (1) (Abandonment), ARS §32- 1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 4: When they finally showed back up months later they asked for more money because they spent my money finishing other jobs.; Investigator’s Observation: Not Verified. I am unable to substantiate this complaint item. Governing Rule: No Action

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 RCC100 11/18

Compliant Item 5: job was supposed to take 2-3 months its been 16 months and still isnt done. Investigator’s Observation: Verified. After this jobsite investigation in reviewing the invoice/contract submitted by the complainant I am able to verify the invoice date as being February 4, 2022 and the project is not complete. See P (3) thru P (13). In reviewing the invoice/contract submitted by both parties I am able to verify there is no estimated completion date violating ARS §32-1158 (A) Minimum elements of a contract. The respondent shall complete the project per the verbal agreement made between the 2 parties during this jobsite investigation. See Investigator Note #2. Governing Rule: Workmanship Rules: ARS §32-1154 (A) (1) (Abandonment), ARS §32- 1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 6: Wont refund my money so i can hire someone else. ; Investigator’s Observation: This is a statement made by the complainant that does not imply poor workmanship. Governing Rule: No Action

Compliant Item 7: precast concrete caps never installed... Investigator’s Observation: Verified. At this jobsite investigation I observed and am able to verify there are no precast concrete caps installed. The respondent shall complete the project per the verbal agreement made between the 2 parties during the jobsite investigation. See Investigator Note #2. Governing Rule: Workmanship Rules: ARS §32-1154 (A) (1) (Abandonment), ARS §32- 1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov RCC100 11/18

Complainant: Zachary Dierickx 26022 n 3rd St Phoenix, AZ 85085

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: Candelario Mendoza DBA: Diamond Masonry & Landscape 15845 N Jerry ST Surprise, AZ 85378

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 October 5, 2023

License No. ROC 209083

Re:Complaint No. 2023-10109

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 Thursday October 26, 2023.

RESTRICTIONS • You may not perform or hire other contractors to perform work that is outside the scope of your license. • If your license is currently suspended for administrative reasons 1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.

Investigator Notes:

1: In reviewing the invoice/contract documents submitted by the complainant I am able to verify there are at least 1 of the 9 minimum elements of a contract missing violating ARS §32-1158 (A) Minimum elements of a contract. Specifically #3, #4, #9.

2: At this jobsite investigation both parties agreed to amend the scope of work to complete the project. This includes the original scope of work that included a finished height from the interior of the property at 6’, Eco Series Precast concrete caps 12” x 24” throughout the 587 linear ft. including all columns and main entrance pillars and will disregard the grey split face block on the second course from the top that is missing throughout the entire block wall.

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 Notes Continued: 3: In reviewing the Maricopa County Planning & Development Department website I am able to verify Permit B202115624 was issued April 6, 2023 for a 649 linear ft. CMU Block Wall.

4: At this jobsite investigation the respondent request the complainant sign a release document regarding stepping foot onto the complainant’s property. Apparently the last time the respondent was at the property the complainant called law enforcement after negotiations regarding additional fees escalated and the respondent was informed by law enforcement not to return to the property. The complainant did allow the respondent onto the property to inspect the complaint items. At the end of the jobsite investigation the complainant signed the release document to allow access to correct and complete the project.

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

Compliant Item 1: Grey split face block on second course from top missing throughout entire wall.; Investigator’s Observation: Verified. The respondent shall complete the project per the amended invoice/contract and verbal agreement made between the 2 parties during this jobsite investigation. See Investigator Note #2. Governing Rule: Workmanship Rules: ARS §32-1154 (A) (1) (Abandonment), ARS §32- 1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Compliant Item 5: job was supposed to take 2-3 months its been 16 months and still isnt done. Investigator’s Observation: Verified. I am able to verify there is no estimated completion date violating ARS §32-1158 (A) Minimum elements of a contract. The respondent shall complete the project per the verbal agreement made between the 2 parties during this jobsite investigation. See Investigator Note #2. Governing Rule: Workmanship Rules: ARS §32-1154 (A) (1) (Abandonment), ARS §32- 1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 7: precast concrete caps never installed... Investigator’s Observation: Verified. The respondent shall complete the project per the verbal agreement made between the 2 parties during the jobsite investigation. See Investigator Note #2. Governing Rule: Workmanship Rules: ARS §32-1154 (A) (1) (Abandonment), ARS §32- 1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

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

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

Sincerely,

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 David Fagerburg David Fagerburg, Investigator #210 602 7716735 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007-2812

CC: Respondent Complainant

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: Zachary Dierickx 26022 N 3rd St Phoenix, AZ 85085

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: Candelario Mendoza DBA: Diamond Masonry & Landscape 15845 N Jerry St Surprise, AZ 85378

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 October 11, 2023

License No. ROC 209083

Re:Complaint No. 2023-10109

ADDENDUM WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

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.

ADDENDUM 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 After further review, Investigator Note #2 referred to on the original Written Directive issued October 5, 2023 has been revised as follows. At this jobsite investigation both parties agreed to amend the scope of work to complete the project. This includes the original scope of work that included a finished height from the interior of the property at 6’. The Eco Series Precast concrete caps 12” x 24” be installed on split face columns and at the larger main entrance and back gate pillars as needed to be uniform. The regular smooth cap is to be installed on the remaining 649 linear ft. in lieu of the grey split face block on the second course from the top that is missing throughout the entire block wall. The respondent shall ensure the expired permit B202115624 issued April 6, 2023 is renewed, complete the project per the linear footage described on the permit and pass all required inspections by the local building authority. All other items listed on the original written directive issued October 5, 2023 remain standing.

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

Sincerely,

David Fagerburg David Fagerburg, Investigator #210 602 7716735 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007-2812

CC: Respondent Complainant

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: Zachary Dierickx 26022 N 3rd St Phoenix, AZ 85085

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: Candelario Mendoza DBA: Diamond Masonry & Landscape 15845 N Jerry St Surprise, AZ 85378

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 December 5, 2023

Compliance Jobsite Inspection Notice Re: Complaint No. 2023-10109

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for December 6, 2023 at 11:30 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,

David Fagerburg David Fagerburg, Investigator #210 602 7716735 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007-2812

CC: Respondent Complainant

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 Complainant: Zachary Dierickx 26022 N 3rd St Phoenix, AZ 85085

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: Candelario Mendoza DBA: Diamond Masonry & Landscape 15845 N Jerry St Surprise, AZ 85378

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 December 6, 2023

Reschedule Of Compliance Jobsite Inspection Notice Re: Complaint No. 2023-10109

Dear Complainant and Respondent:

A Compliance Inspection scheduled for December 6, 2023 at 11:30 AM has been rescheduled for December 8, 2023 at 11:30 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,

David Fagerburg David Fagerburg, Investigator #210 602 7716735 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007-2812

CC: Respondent Complainant

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 December 8, 2023 2023-10109 CJSI Photos

26022 N 3rd St Phoenix, AZ 85085

P 1 P 2 P 3 P 4 P 5 P 6 P 7 P 8 P 9 P 10 P 11 P 12 P 13 P 14 P 15 P 16 P 17 Complainant: Zachary Dierickx 26022 N 3rd St. Phoenix, AZ 85085

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Respondent: Candelario Mendoza DBA: Diamond Masonry & Landscape 15845 N Jerry St. Surprise, AZ 85378

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Case No.: 2023-10109 Investigator: David Fagerburg Inspection Date: December 6, 2023 Inspection Time: 11:30 AM

Compliance Jobsite General Notes: Both parties were present at this compliance jobsite inspection CJSI photos taken with my Pixel 6 Pro Cell Phone CJSI audio recorded with my Olympus Digital Voice Recorder model DM-620 Photos #1 and #2 are of the complainant’s residence and address.

Investigator Notes: 1: At the jobsite investigation on October 4, 2023 both parties agreed to amend the scope of work to complete the project. This includes the original scope of work that included a finished height from the interior of the property at 6’, Eco Series Precast concrete caps 12” x 24” throughout the 587 linear ft. including all columns and main entrance pillars and will disregard the grey split face block on the second course from the top that is missing throughout the entire block wall.

2: In reviewing the Maricopa County Planning & Development Department website I am able to verify Permit B202115624 was issued April 6, 2023 for a 649 linear ft. CMU block wall and the permit was renewed by the respondent October 18, 2023.

3: At the jobsite investigation on October 4, 2023 the respondent request the complainant sign a release document regarding stepping foot onto the complainant’s property. Apparently the last time the respondent was at the property the complainant called law enforcement after negotiations regarding additional fees escalated and the respondent was informed by law enforcement not to return to the property. The complainant did allow the respondent onto the property to inspect the complaint items. At the end of the jobsite investigation the complainant signed the release document to allow access to correct and complete the project.

4: At this compliance jobsite inspection the respondent explained that the reason for the delay in starting the corrective work on December 6, 2023 is due to engineering requirements by the Maricopa County Planning & Development Department pertaining to the retaining wall portion of the CMU block wall at the southeast corner of the property. The respondent stated that the engineering will be submitted to the Maricopa County Planning & Development Department in the near future. The respondent was concerned that if the wall had to be modified, completing the wall prior to the engineering approval may cause some demolition and further delay in completing the project. It appears that the local building official was not informed or aware of the retaining wall portion of the block wall when the permit was originally issued.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Addendum Written Directive Requirements: After further review, Investigator Note #2 referred to on the original Written Directive issued October 5, 2023 has been revised as follows. At this jobsite investigation both parties agreed to amend the scope of work to complete the project. This includes the original scope of work that included a finished height from the interior of the property at 6’. The Eco Series Precast concrete caps 12” x 24” be installed on split face columns and at the larger main entrance and back gate pillars as needed to be uniform. The regular smooth cap is to be installed on the remaining 649 linear ft. in lieu of the grey split face block on the second course from the top that is missing throughout the entire block wall. The respondent shall ensure the expired permit B202115624 issued April 6, 2023 is renewed, complete the project per the linear footage described on the permit and pass all required inspections by the local building authority. All other items listed on the original written directive issued October 5, 2023 remain standing.

Compliance Findings:

Compliant Item 1: Grey split face block on second course from top missing throughout entire wall.; Investigator’s Observation: This complaint item pertains to the addendum written directive requirements. At the time of this compliance jobsite inspection the project status is ongoing and incomplete. Governing Rule: The respondent is not in compliance with the addendum written directive.

Compliant Item 3: they left all the demo including cement pillars fencing and didn't haul away trash or anything and left in my yard for 16 months and counting.; Investigator’s Observation: The respondent removed the large concrete pillars and made an attempt to remove most of the construction debris. However, there are still small piles of CMU block and debris from the previous wall scattered throughout the backyard along with tree branches that were allegedly removed while digging the footers for the new block wall. Per the written invoice, demo and disposal of current fencing includes haul away and dump fees. I am able to verify there is no specification on the invoice to remove excess dirt or tree branches. At the time of this compliance jobsite inspection debris from the previous block wall remains on the property. Governing Rule: The respondent is not incompliance with the original written directive.

Compliant Item 5: job was supposed to take 2-3 months its been 16 months and still isnt done. Investigator’s Observation: The respondent is currently working to complete the project per the addendum written directive. However, at the time of this compliance jobsite inspection the project status is ongoing and incomplete. Governing Rule: The respondent is not incompliance with the addendum written directive.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Compliant Item 7: precast concrete caps never installed... Investigator’s Observation: The respondent is currently working to complete the installation of the precast concrete caps per the addendum written directive. However, at the time of this compliance jobsite inspection the installation of the precast concrete caps is ongoing and incomplete. Governing Rule: The respondent is not incompliance with the addendum written directive.

Note:

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 by mail to: Arizona Registrar of Contractors, P.O. Box 18244, Phoenix, Arizona 85005-8244. Sincerely,

David Fagerburg David Fagerburg, Investigator #210 602 7716735 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007-2812

CC: Respondent Complainant

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

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

Zachary Dierickx, Case No. 2023-10109 COMPLAINANT v. Candelario Mendoza, CITATION Diamond Masonry & Landscape License No. ROC 209083,

RESPONDENT

The Registrar issues this Citation to Candelario Mendoza DBA: Diamond Masonry & Landscape (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by December 29, 2023, then under A.R.S. § 32-1155(C), Respondent’s failure to answer may be deemed an admission of the act or acts charged in the underlying complaint, and the Registrar may then suspend or revoke Respondent’s license(s). THE WRITTEN COMPLAINT On August 30, 2023, Zachary Dierickx (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged

with violating:

Charge 1: A.R.S. § 32-1154(A)(3) - R4-9-108(a) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. of 5

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Charge 2: A.R.S. § 32-1154(A)(22) Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a reasonable period of time after receiving a written directive from the Registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held.

If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F). FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2023-10109. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways:

of 5

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 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 December 29, 2023.

This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a

deadline ten days after service of the Citation. Service of the Citation and Complaint is

complete five days after the Registrar mails a copy of the Citation and Complaint to

Respondent’s latest address of record in the Registrar’s office.

Consequences for Failing to File a Written Answer: If Respondent fails to answer,

Respondent’s failure may be deemed an admission of the act or acts charged in the written

complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s

license(s).

THE ADMINISTRATIVE HEARING

If Respondent files a timely written answer contesting any charges in the Complaint,

then the Registrar will request the Office of Administrative Hearings set a date for an

administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S.

§ 41-1092.05(D).

INVESTIGATOR’S APPEARANCE AS A WITNESS

The Registrar’s assigned investigator will appear as a witness at the hearing. If either

party demands the attendance at the hearing of any other person, that party must obtain and

serve a subpoena in compliance with the rules and processes established by the Office of

Administrative Hearings. of 5

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 RESPONDENT’S 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 suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any of 5

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated December 14, 2023. By: /s/ Mary Coyne Mary Coyne, CP Paralegal Manager Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, December 14, 2023 to:

Respondent Certified Mail No: [number redacted]

Candelario Mendoza DBA: Diamond Masonry & Landscape 15845 N Jerry St Surprise, AZ 85378-4145

Copy mailed by USPS First Class mail this same date to: Candelario Mendoza DBA: Diamond Masonry & Landscape 15845 N Jerry St Surprise, AZ 85378-4145 Complainant Zachary Dierickx 26022 n 3rd St Phoenix, AZ 85085 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. 2023-10109 / MTH

of 5

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

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

Zachary Dierickx Mailing Address (Enter jobsite in Contract/Project section) City State Zip

26022 n 3rd st phoenix Arizona 85085 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)

DIAMOND MASONRY AND LANDSCAPE ROC 209083 Street Address City State Zip

Phone Number Email

[number redacted] [email redacted] Name of Person(s) Representing License

Veronica Silvas;Candelario Mendoza Contract/Project Information Contract Date Contract Amount Amount Paid

February 4, 2022 $46,960.00 $29,000.00 Date Work Started Date Work Stopped Date Work Was Completed

February 6, 2022 March 8, 2023 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

26022 n 3rd st phoenix AZ 85085 Name of Construction Site Owner Construction Site Name (if applicable)

Phone Number of Construction Site Owner Email of Construction Site Owner

This complaint is for Abandonment;Other I have contacted the contractor by Phone/Text Have you filed a complaint in court? No Has any work been corrected? No

RCC099 12/05/18 Page 1 of 2 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

The contract was Both All change orders were N/A This project was Residential This project involved Other block wall A building permit was obtained by Contractor they wouldnt tell me maricopa 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)

Grey split face block on second course from top missing throughout entire wall.;They started work then no showed for months;they left all the demo including cement pillars fencing and didn't haul away trash or anything and left in my yard for months and counting.;When they finally showed back up months later they asked for more money because they spent my money finishing other jobs.;job was supposed to take 2-3 months its been 16 months and still isnt done. Wont refund my money so i can hire someone else. ;precast concrete caps never installed...

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

Zachary Dierickx \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 DIAMOND MASONRY AND LANDSCAPE ROC#209083 15845 N. Jerry street Surprise, Az 85378 US (623) 227-4742 [email redacted]

INVOICE BILL TO INVOICE 1037 Zach Dierickx DATE 02/04/2022 26022 N. 3 Rd St. TERMS Net 30 Phoenix, Az 85085 DUE DATE 03/06/2022

DATE SERVICE DESCRIPTION QTY RATE AMOUNT

Block wall 4 inch 587 linear feet by 6 ft high block wall 587 80.00 46,960.00 built with grey 8x8x16 inch block with grey split face block on second course from top and every 20 feet at 24 inches wide at the expansion joints. feet of wall will have up to 4 additional feet for soil retention.

Demo and disposal Demo and disposal of current fencing. 1 0.00 0.00 Includes haul away and dump fees. (Included in total)

Scope of work includes furnished material and labor. 1 0.00 0.00 All material is guaranteed to be as specified. All work to be Completed in a substantial workman like manner according to the specifications submitted. Any alteration or deviation from the above specifications involving extra cost will be performed only upon written change orders, with extra charges over and above this estimate. This agreement is contingent upon strikes, accidents or delays beyond our control. Owner shall carry fire, storm and other necessary insurance. Our workers are covered by Workmen’s Compensation insurance.

Warranty Two year warranty on project 1 0.00 0.00 installation, 90 days on plant material. No warranty applies to any transplanted plant material. We cannot be held responsible for weed and grass control, acts of God, wind, storm, water, hail, infestation’s or homeowners neglect. All orders may be canceled within three days. Any orders canceled after three days will be subject to a 25% cancellation fee. NOTE: this contract may be withdrawn by us if not excepted within 30 days.

Acceptance of contract The above prices, specifications, and 1 0.00 0.00 conditions are satisfactory and are

Customer Signature:

here by excepted. We are therefore authorized to do the work as specified. Payment will be made as outlined above. Unpaid balances will be subject to a property lien and all applicable legal expenses.

Plans and Permits Quote DOES NOT include plans and 1 0.00 0.00 permits. Must be provided by customer. For referral to a permit provider please inquire.

Payment schedule A 33% deposit shall be Furnished by 1 0.00 0.00 customer upon acceptance and signing a contract.

33% upon signing of agreement to schedule project: $15653.33

33% the day project starts $15,653.33

33% remainder upon completion of project. $15,653.34

Extras Eco series precast concrete caps 1 0.00 0.00 12”x24” installed at every split face columns (included in total)

SUBTOTAL 46,960.00

TAX 0.00

TOTAL 46,960.00

PAYMENT 29,000.00

BALANCE DUE $17,960.00

Customer Signature:

[number redacted]ÿ4718ÿ9 ÿÿ ÿ ÿÿ ÿ ÿ11400Received Legal 12/29/2023 :;<=>?<ÿAÿ:BCDEÿFG;<=>?<H?IJKGLKMINO

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722 !2 2"2#$%

amp;'!#4$(#)*%(+(,-9,!.1"/104/1"2/3 24225+68*0!84!8!78067 !6 7 9 020 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)

Zachary Dierickx Mailing Address (Enter jobsite in Contract/Project section) City State Zip

26022 n 3rd st phoenix Arizona 85085 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)

DIAMOND MASONRY AND LANDSCAPE ROC 209083 Street Address City State Zip

Phone Number Email

[number redacted] [email redacted] Name of Person(s) Representing License

Veronica Silvas;Candelario Mendoza Contract/Project Information Contract Date Contract Amount Amount Paid

February 4, 2022 $46,960.00 $29,000.00 Date Work Started Date Work Stopped Date Work Was Completed

February 6, 2022 March 8, 2023 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

26022 n 3rd st phoenix AZ 85085 Name of Construction Site Owner Construction Site Name (if applicable)

Phone Number of Construction Site Owner Email of Construction Site Owner

This complaint is for Abandonment;Other I have contacted the contractor by Phone/Text Have you filed a complaint in court? No Has any work been corrected? No

RCC099 12/05/18 Page 1 of 2 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

Zachary Dierickx \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 DIAMOND MASONRY AND LANDSCAPE ROC#209083 15845 N. Jerry street Surprise, Az 85378 US (623) 227-4742 [email redacted]

INVOICE BILL TO INVOICE 1037 Zach Dierickx DATE 02/04/2022 26022 N. 3 Rd St. TERMS Net 30 Phoenix, Az 85085 DUE DATE 03/06/2022

DATE SERVICE DESCRIPTION QTY RATE AMOUNT

Demo and disposal Demo and disposal of current fencing. 1 0.00 0.00 Includes haul away and dump fees. (Included in total)

Acceptance of contract The above prices, specifications, and 1 0.00 0.00 conditions are satisfactory and are

Customer Signature:

Plans and Permits Quote DOES NOT include plans and 1 0.00 0.00 permits. Must be provided by customer. For referral to a permit provider please inquire.

Payment schedule A 33% deposit shall be Furnished by 1 0.00 0.00 customer upon acceptance and signing a contract.

33% upon signing of agreement to schedule project: $15653.33

33% the day project starts $15,653.33

33% remainder upon completion of project. $15,653.34

Extras Eco series precast concrete caps 1 0.00 0.00 12”x24” installed at every split face columns (included in total)

SUBTOTAL 46,960.00

TAX 0.00

TOTAL 46,960.00

PAYMENT 29,000.00

BALANCE DUE $17,960.00

Customer Signature:

Mediation Notice

Mediation Services Mediation services are available to the parties. What is Mediation? Mediation is a method of resolving disputes where the parties can end conflict without the expense and time associated with the full administrative process. Who Participates in During mediation, a mediator will attempt to help the Mediation? parties find an optimal solution to the conflict. Both parties must agree to participate in mediation, and both parties must bring a representative to mediation that has full authority to settle the entire matter. Mediation Is Not Neither the Registrar nor the Office of Administrative Mandatory Hearings will penalize a party for not agreeing to mediation. Where do the Parties The parties will meet at the Office of Administrative Meet for Mediation? Hearings to participate in mediation.

The Office of Administrative Hearings is located at 1400 West Washington, Suite 101, Phoenix, Arizona 85007. When does Mediation can occur after the Registrar issues a citation, but Mediation Occur? before the administrative hearing. Why Should Parties Mediation can be an alternative to the full administrative Consider Mediation? process. Mediation is beneficial because it is (1) time- efficient, (2) cost-effective, (3) confidential, and (4) capable of providing flexible solutions to complex problems. How to Request If the parties wish to mediate this case, they must file a Joint Mediation Request for Mediation with the Office of Administrative Hearings. A Joint Request for Mediation is included with this Mediation Notice. REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA _________________________ Case No. _______________ COMPLAINANT,

v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.

REQUEST

The parties jointly request that this matter be referred to mediation in the Office of Administrative Hearings (OAH). ☐ This matter is set for hearing on __________________(date). ☐ This matter is not currently set for hearing. MEDIATION AGREEMENT By requesting this mediation and signing below, the parties understand, represent, and agree: 1. The parties are prepared to commence mediation and will be ready for mediation on _____________________(date); 2. The parties will participate in the mediation process in good faith; 3. This request for mediation is not intended to hinder or delay administrative proceedings; 4. No party will contend that the mediation limits the power of OAH and its administrative law judges to conduct an administrative hearing and issue decisions under A.R.S. §§ 41-1092 – 1092.12; 5. The parties will be courteous and respectful throughout the mediation process to all participants; 6. The mediation is completely voluntary and the principal purpose is to allow the parties a full and fair opportunity to discuss settlement; of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 7. The mediator may conduct joint and separate meetings with the parties and may suggest resolutions to the parties’ dispute, but the mediator has no authority to impose a settlement upon the parties; 8. The mediation process is confidential. Communications made, material created for or used during, and acts occurring during mediation are confidential and may not be discovered or admitted into evidence in any proceeding except as provided by A.R.S. § 12-2238; 9. The mediator is not subject to service of process or a subpoena to produce evidence or to testify regarding any evidence or occurrence relating to the mediation except as provided in A.R.S. § 12-2238(C); 10. Neither the mediator, nor the Registrar of Contractors, nor the Office of Administrative Hearings is subject to civil liability for any act or omission in connection with any mediation service or activity except for acts involving

intentional misconduct or reckless disregard of a substantial risk of injury to the rights of others; 11. Throughout the mediation process, each party must have a representative present who will have full settlement authority to settle all claims at issue in the administrative

proceeding. 12. The mediation process will terminate when: a. The parties reach settlement; b. The mediator determines that further efforts at mediation are no longer likely

to achieve a settlement; or c. One of the parties withdraws from mediation. _____________________________________ _______________________ Complainant (or representative) Date

_____________________________________ _______________________ Respondent (or representative) Date

of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 PREHEARING DISCLOSURE STATEMENT INSTRUCTIONS ***DO NOT SUBMIT THESE INSTRUCTIONS WITH THE PREHEARING DISCLOSURE FORM***

ADMINISTRATIVE RULES A copy of the Arizona Administrative Code’s Rules for the Registrar of Contractors can be located on the Registrar’s Website.

PREHEARING DISCLOSURE REQUIREMENT Under A.A.C. R4-9-118(A), before a hearing, the parties must prepare a disclosure statement. The disclosure statement must contain: • A list of all the witnesses the party will call to testify, including the witnesses’ contact information and a brief description of the subject matter of the witnesses’ expected testimony; and • A list of all the exhibits that the party will use at the hearing.

FILE PREHEARING DISCLOSURE STATEMENTS • The Prehearing Disclosure Statements and Exhibits may be submitted to the Arizona Office of Administrative Hearings using any of the following: • Electronically: https://portal.azoah.com/submission/ • In-Person or by Mail: 1740 West Adams Street, Lower Level, Phoenix, Arizona 85007

EXCHANGING DISCLOSURE STATEMENTS AND EXHIBITS Under A.A.C. R4-9-118(B) (effective November 5, 2017), a party to the hearing must serve on every other party and file with the Office of Administrative Hearings a copy of: • The disclosure statement; and, • Any exhibit that the party will use at the hearing. Service: The disclosure statement and exhibits must be served on all parties in accordance with Arizona Administrative Code R2-19-108 Filing Documents. Under A.A.C. R2-19-108, service is completed by: • Personal delivery; • 1st class, certified or express mail; or • Facsimile. Timing: The disclosure statement and the exhibits must be served and filed not less than seven calendar days before the date of the hearing. Under A.A.C. R2-19-108, a document is served on a party: • On the date it is personally served; • Five days after it is mailed by express or 1st class mail; • On the date of the return receipt if it is mailed by certified mail; or • On the date indicated on the facsimile transmission.

CONSEQUENCES FOR FAILING TO DISCLOSE Under A.A.C. R4-9-108(C), if a witness or an exhibit is not timely disclosed as required the rules, and good cause for the failure to disclose is not shown, then the administrative law judge may: • Order that certain witnesses or exhibits not be used at the hearing; • Order that a particular fact is or is not established for the record; or, • Order that a charge, a defense, a claim, or some portion thereof, be dismissed.

Form RC-L-800A Prehearing Disclosure Statement Rev. 10/08/2019 Instructions Form PREHEARING DISCLOSURE STATEMENT FORM RC-L-800A

PART 1: WITNESS LIST DOCKET NO. Under A.A.C. R4-9-118(A), before a hearing, a party must prepare a disclosure statement containing a list of all the witnesses the party will call to testify, including the witnesses’ contact information and a brief description of the subject matter of the witnesses’ expected testimony. If you need additional space to list all witnesses, complete and attach additional Witness Lists. Example 1. Name 2. Telephone Number 3. Email Address

John Doe (123) 456-7890 [email redacted] 4. Subject Matter of Expected Testimony

John Doe will testify regarding the poor workmanship and poor installation of the Garage Door. Mr. Doe will also testify regarding the invoices and change orders for the project.

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 1 of 3 PART 2: EXHIBIT LIST DOCKET NO. Under A.A.C. R4-9-118(A), before a hearing, a party must prepare a disclosure statement containing a list of all the exhibits that the party will use at the hearing. Note: All exhibits listed below must be provided to all parties to the hearing. See A.A.C. R4-9-118(B). If you need additional space to list all witnesses, complete and attach additional Exhibit Lists. Example Contract for new garage door. Invoice #10001 – Cost for garage door replacement.

Exhibit Exhibit Name

Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 2 of 3 PART 3: ACKNOWLEDGEMENT & SIGNATURE I certify that the above information is true and correct and that I will serve a copy of this disclosure statement and any exhibits listed in Part 2 to all parties to the hearing in accordance with A.A.C. R4-9-118. I acknowledge and understand that if I fail to properly disclose a witness or exhibit, the administrative law judge may: • Order that certain witnesses or exhibits not be used at the hearing; • Order that a particular fact is or is not established for the record; or, • Order that a charge, a defense, a claim, or some portion thereof, be dismissed.

I am the (check one):  Complainant  Respondent Docket No.

Print Name Signature Date

Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 3 of 3