2023A-10436-CHC-ROC Notice of Hearing and Packet MAILED
2023A-10436-CHC-ROC · Registrar of Contractors · 2024-01-30
REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
George Carr , Case No. 2023-10436 COMPLAINANT, Docket No. 2023A-10436-CHC-ROC v. NOTICE OF HEARING ON CONTESTED CASE Unlimited Construction Solutions LLC License No. ROC 331727,
RESPONDENT.
This Notice of Hearing is issued under A.R.S. § 41-1092.05(D). HEARING INFORMATION The hearing is set for: March 15, 2024 1:00 PM Jenna Clark 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 27, 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 30, 2024.
By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail January 30, 2024 to: Respondent(s) Unlimited Construction Solutions LLC 15455 N Greenway Hayden Loop Suite C19 Scottsdale, AZ 85260
Complainant(s) George Carr 7181 E Camelback Rd, Unit 106 Scottsdale, AZ 85251
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. 2023-10436 /
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
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Case No.: 2023-10436 Investigator: Steve Klein Inspection Date: November 1, 2023 Inspection Time: 10:00 AM
Complainant: George Carr Respondent: Unlimited Construction Solutions LLC Ivonek Badilla
Jobsite General Notes:
Complaint #1 Abandonment of the project Inspector’s Observation: At the time of inspection the Respondent was on site and said he’s willing to make corrections. Governing Rule: N/A
Complaint #2 Shower lighting lacked water seal and no gfci Inspector’s Observation: This item was completed by another contractor prior to the jobsite inspection. • Respondent agreed to paint touch up • The Respondent’s work was subject to modification.. For that reason, the Registrar is prohibited from issuing a citation for the Respondent’s alleged poor workmanship or alleged departure from applicable building codes. See A.R.S. § 32-1155(D) Governing Rule: Violation of Any Rule Adopted By the Registrar 32-1154 A-3 Namely Rule R4-9-108.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
Complaint #3 30+ Improper ceiling lighting install Inspector’s Observation: This item was completed by another contractor prior to the jobsite inspection. • The Respondent’s work was subject to modification. For that reason, the Registrar is prohibited from issuing a citation for the Respondent’s alleged poor workmanship or alleged departure from applicable building codes. See A.R.S. § 32-1155(D) Governing Rule: N/A
Complaint #4 Refusal to return condo key, fob, and other personal property Inspector’s Observation: This is not a Title 32 violation to which I can report on Governing Rule: N/A
Complaint #5 Consistent misinformation; and alleged purposeful misinformation about project timings Inspector’s Observation: This is not a Title 32 violation to which I can report on Governing Rule: N/A
Complaint #6 Multiple slab breaks/fractures in kitchen, living room, and bathroom Inspector’s Observation: 1) Verified shower seat is holding water (no slope). 2) Gap between kitchen island top and sub-top (Respondent is willing to show that it is supported properly. 3) Gaps at m/bath sub-top (Respondent agreed to correct.) Governing Rule: Violation of Any Rule Adopted By the Registrar 32-1154 A-3 Namely Rule R4-9-108.
Complaint #7 Master bathroom counter issues Inspector’s Observation: Work was corrected by another contractor. Respondent agreed to correct gaps in splash tiles. • Respondent shall correct by the appropriate means. Governing Rule: Violation of Any Rule Adopted By the Registrar 32-1154 A-3 Namely Rule R4-9-108.
Complaint #8 Subdeck exposed Inspector’s Observation: Complainant points out exposed nails under the overhang in the kitchen. • Respondent shall correct by the appropriate means. Governing Rule: Violation of Any Rule Adopted By the Registrar 32-1154 A-3 Namely Rule R4-9-108.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
Complaint # 9 Fractured millwork Inspector’s Observation: Complainant points out the m/ bath sub-top / cabinet is cracked and has exposed nails. • Respondent shall correct by the appropriate means. Governing Rule: Violation of Any Rule Adopted By the Registrar 32-1154 A-3 Namely Rule R4-9-108.
Complaint # 10 Electric fireplace was not properly installed; sticks out; Inspector’s Observation: Verified the fire place is not flush with the wall. • Respondent shall install the fireplace per plans, specifications, and manufacturer’s installation instructions. Governing Rule: Violation of Any Rule Adopted By the Registrar 32-1154 A-3 Namely Rule R4-9-108.
Complaint #11 Electric circuit breaker broken in kitchen Inspector’s Observation: Completed by another party prior to the jobsite inspection. • The Respondent’s work was subject to modification. For that reason, the Registrar is prohibited from issuing a citation for the Respondent’s alleged poor workmanship or alleged departure from applicable building codes. See A.R.S. § 32-1154(D) Governing Rule: N/A
Complaint #12 LED lighting hanging; fridge not turning on Inspector’s Observation: Verified the lighting is not working. • Respondent shall correct by the appropriate means. Governing Rule: Violation of Any Rule Adopted By the Registrar 32-1154 A-3 Namely Rule R4-9-108.
Complaint #13 Plumbing leak caused third-party damage, Inspector’s Observation: Completed by another party prior to the jobsite inspection. • The Respondent’s work was subject to modification. For that reason, the Registrar is prohibited from issuing a citation for the Respondent’s alleged poor workmanship or alleged departure from applicable building codes. See A.R.S. § 32-1154(D) Governing Rule: N/A
Complaint #14 still have an unpaid ServePro bill. Inspector’s Observation: This agency does not have the authority to resolve a financial issue. Governing Rule: N/A
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
Complaint #15 Plumbing: shower still leaking when turned on Inspector’s Observation: Shower fixture is not installed. • Respondent shall install the fireplace per plans, specifications, and manufacturer’s installation instructions.
Governing Rule: Violation of Any Rule Adopted By the Registrar 32-1154 A-3 Namely Rule R4-9-108.
Complaint #16 Failed to follow designer plans Inspector’s Observation: Complainant pointed out the fireplace. Same as #10 Inspector’s Observation: Verified the fire place is not flush with the wall. • Respondent shall install the fireplace per plans, specifications, and manufacturer’s installation instructions. Governing Rule: Violation of Any Rule Adopted By the Registrar 32-1154 A-3 Namely Rule R4-9-108.
Complaint #17 Guest bathroom millwork issues due to install and plumbing Inspector’s Observation: Verified the drawer would not close completely • Respondent shall correct by the appropriate means. Governing Rule: Violation of Any Rule Adopted By the Registrar 32-1154 A-3 Namely Rule R4-9-108.
Complaint #18 Fractured threshold entry and common area tiles Inspector’s Observation: Verified the broken / chipped threashold. • Respondent shall correct by the appropriate means. Governing Rule: Violation of Any Rule Adopted By the Registrar 32-1154 A-3 Namely Rule R4-9-108.
Complaint # 19 Dual paint coloring was not requested; overspray confirms it Inspector’s Observation: Completed by another contractor prior to the jobsite inspection. Governing Rule: N/A
Complaint # 20 Two missing ceiling air vent covers Inspector’s Observation: Completed by another contractor prior to the jobsite inspection. Governing Rule: N/A
Complaint #21 Damage to personal property, e.g., 75-inch Samsung TV and glass table. Inspector’s Observation: I’m unable to verify that the Respondent cause the damage. Governing Rule: N/A
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
Complaint #22 Numerous drywall damages Inspector’s Observation: Completed by another contractor prior to the jobsite inspection. Governing Rule: N/A
Complaint #23 Notable inconsistencies in contractor statements. Contractor refusing to give scheduling; Inspector’s Observation: This is not a Title 32 violation to which I can report on Governing Rule: N/A
Complaint #24 Over $170,000 paid to 3rd parties; $35,500 paid directly to General Contractor Inspector’s Observation: This agency does not have the authority to resolve a financial issue. Governing Rule: N/A
Complaint #25 Master bedroom external door broken Inspector’s Observation: The door is pre-existing, I’m unable to verify if the Respondent is responsible. Governing Rule: N/A
11/1/2023 Received addendum to the complaint Jobsite inspection
Complaint Item 26: Practices suspicious of "Bait and switch" Investigator’s Observation: Governing Rule:
Complaint Item 27: Company cashed checks, his subordinate Ivo tried to get more money out of us without any significant work completed. This appeared very suspicious. We called Ivo out on it. Then contacted his superior Reynaldo. Reynaldo said he wasn’t part of the deal. However, the checks were written to Reynaldo’s company and cashed through Reynaldo’s company, and Ivo says he was Reynaldo’s VP. Although Reynaldo sounded sincere, believing him 100% was never an option considering Ivo and Reynaldo’s personal and professional relationship. Reynaldo said he would honor the contract (acting ng like he wasn’t part of it originally) and finish the project asap within 2022. Yet, he kept misinforming us time after time. I consider those lies. At any rate, after Reynaldo was showing some progress, I complied with his request for a 3rd check. Days a Reynaldo cashed the 3rd check, he tells me the project will now cost more than $150,000 more than the original contract. Additionally, he told me at the same time as trying to increase the price, that he finally reviewed the project, and was ready to proceed. That means, he lied to us for over six months with deliberate deception with miss information and intentions. We even bought furniture ready to be delivered. Investigator’s Observation: Governing Rule: 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
Complaint Item 28: Fridge works but ice does not and bottom freezer door doesn’t easily close Investigator’s Observation: Governing Rule:
Complaint Item 29: New fridge handle is still needed: Investigator’s Observation: Governing Rule:
Complaint Item 30: extra attached material on patio needs to be removed. Investigator’s Observation: Governing Rule:
Complaint Item 31: Food disposal was plugged into itself. Investigator’s Observation: Governing Rule:
Complaint Item 32: Fridge water and ice are not hooked up Investigator’s Observation: Governing Rule:
Complaint Item 33: Did they remove and not replace the water line? Or did they just not hook it up? Investigator’s Observation: Governing Rule:
Complaint Item 34: Freezer door hits the left side of the fridge frame when closing. Investigator’s Observation: Governing Rule:
Complaint Item 35: Range glass broke with barely a touch to it Investigator’s Observation: Governing Rule:
Complaint Item 36: Right sided bathroom shower door is broken. It has been broken for a while. It was noticed when another Investigator’s Observation: Governing Rule:
Complaint Item 37: Our interior designer states the way the middle glass was secured, was not the correct way Investigator’s Observation: Governing Rule:
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
Complaint Item 38: Both R and L vertical shower bars are not even secured. Investigator’s Observation: Governing Rule:
Complaint Item 39: Floor trim missing in front of AC access unit. Investigator’s Observation: Governing Rule:
Complaint Item 40: . Toilet didn’t have the lid attached to it. We had to fix that with a temporary fix. Investigator’s Observation: Governing Rule:
Complaint Item 41: Laundry, Electrical outlet closest to hallway wall doesn’t work properly. Investigator’s Observation: Governing Rule:
Complaint Item 42: Ceiling light attachments were broken preventing the light cover from being attached Investigator’s Observation: Governing Rule:
Complaint Item 43: Dented appliances Investigator’s Observation: Governing Rule:
Complaint Item 44: Investigator’s Observation: Governing Rule:
Complaint Item 45: Investigator’s Observation: Governing Rule:
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
.
38. 39.Wall wiring cover missing Door knobs 40. All door knobs had a privacy switch/buƩon. Yet when Reynaldo’s team installed them, they leŌ every single one of them off. You cannot buy the privacy lock buƩon separately. Hardware alone is $80 each, Ɵmes 6= $480. We bought a 7th knob to evaluate. Yes, it came with the privacy lock buƩon in it’s own package, highlighted with yellow, within the hardware box. 41. Since Reynaldo didn’t return the key for weeks, we had to have
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: George Carr 7181 E CAMELBACK RD, unit 106 Scottsdale, AZ 85251
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: Unlimited Construction Solutions LLC 15455 N Greenway Hayden Loop Suite C19 Scottsdale, AZ 85260
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 8, 2023
Jobsite Inspection Notice Re: Complaint Number 2023-10436
Dear Complainant and Respondent:
A formal complaint has been filed with the Arizona Registrar of Contractors.
A jobsite inspection is scheduled for November 1, 2023 at 10:00 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.
COMPLAINANT:
1. Under A.R.S. § 32-1155(D)(1), the Respondent must be allowed, upon request, the opportunity to inspect the work complained of within fifteen (15) days of receiving this notice. If Respondent is not provided an opportunity to inspect the work within the fifteen (15) day time period, the Registrar may be prohibited from taking further action on this complaint. 2. The Registrar may also be precluded from taking further action on this complaint, if the work that is the subject of the complaint is subject to neglect, modification, or abnormal use. A.R.S. § 32-1155(D)(2) 3. You must provide safe access to any area to be inspected. If access to a roof or other elevated area is required, you must provide a means to safely access the area (ladder or manlift as appropriate). Additionally, please secure any animals.
RESPONDENT:
1. Enclosed is a copy of the complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity to inspect the work complained of within fifteen days of the date of receipt of this notice. 2. To assist the assigned investigator in evaluating the merits of the complaint, please submit a response to the enclosed complaint to the assigned investigator prior to the scheduled inspection. 3. If you do not attend the jobsite inspection, your absence may negatively impact the investigation, and your interests. 4. If a building permit(s) was required for this project, please have the building permit information available at the jobsite inspection. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 If either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time.
If the parties resolve the complaint prior to the inspection, please notify the assigned investigator in writing and by phone as soon as possible.
Sincerely, /s/ Steve Klein #174 Steve Klein #174, Investigator 1700 W. Washington St. Ste 105 Phoenix, AZ 85007-2812 Phone: (602) 689-4987 E-mail: [email redacted]
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 A Guide to Jobsite Inspections
Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license alleging poor workmanship, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.
Jobsite Inspection Rights and Responsibilities Access to inspect: The property owner has complete control over who they allow on the property. However, if the Registrar’s investigator or the contractor cannot inspect the work, the Registrar will not move forward with a citation.
Cooperation: Arizona law enables injured parties to seek relief for damages through several paths. When dealing with a licensed contractor, the Registrar of Contractors’ administrative complaint process may serve as one of those possible paths. However, in order to use that path, the Registrar relies on the cooperation of all parties to a complaint.
Minimum workmanship: The Registrar investigates workmanship complaints for compliance with minimum workmanship and professional industry standards. The Registrar does not issue citations for work that meets these standards.
Scope: The scope of the Jobsite Inspection is limited to items listed in the complaint filed with the Registrar’s office. It is the complainant’s responsibility to point out the complaint item(s) and the Investigators role to review the item(s). If the complainant identifies additional workmanship items not listed in the original complaint, they must file an addendum to the complaint. The Registrar’s Investigator may identify additional administrative violations by the contractor (e.g. work performed out of scope of the license and failure to provide a contract that meets requirements set by Arizona law) at the time of the inspection.
The Role of the Investigator At the Jobsite Inspection, the Registrar’s investigator will: ● Only investigate the items listed on the complaint form filed with the Registrar. ● Will gather evidence to make an informed decision about the complaint items.
What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will leave the jobsite and review the evidence provided during the inspection. Generally, the investigator does not make any determination at the time of the jobsite inspection regarding whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.
Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 A Guide to Written Directives Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.
What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will determine whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.
Written Directives Access: In order to use the administrative process offered by the Registrar, a property owner must provide reasonable access to allow the contractor to fix their work as directed by the Registrar in a Written Directive. Complainants may not put any additional, unnecessary restrictions on the Respondent above and beyond the initial contract requirements agreed upon at the beginning of the project. Respondents are required to make repairs on items identified on any Written Directive, not otherwise restricted by local code or HOA limitations. Complainants must make access available to the Respondent to make the required repairs and failure to provide reasonable access may result in the Registrar dismissing the complaint.
Contractor obligations: The Written Directive will set a deadline for compliance. This is the period of time determined by the Investigator as necessary to complete the items listed in the Directive. ● The deadline for compliance assumes the contractor will promptly begin working on the items listed in the Directive. ● Do not wait. Both parties should communicate quickly to schedule the work.
Extensions: If good cause exists to extend this deadline, either party may submit a written request to the Investigator. The Registrar will review requests for extension and determine if the Directive should be extended.
Manner and method of performance: The Registrar does not provide specific instructions for how to correct poor work. A licensed contractor is expected to have the skill and professionalism to complete the work. Moreover, the complainant may not dictate the manner of repair. If the contractor fails to appropriately correct the work according to the contract, the Registrar will issue a citation.
Compliance Inspection: After the Written Directive expires, the Registrar’s Investigator will contact the complainant to determine if the contractor performed any corrective work. ● If the contractor did corrective work, the Investigator may schedule a Compliance Inspection to determine if the poor work is corrected. ● If the contractor did not perform any corrective work, the Registrar’s Investigator will not do a Compliance Inspection and will determine whether to issue a citation based on the administrative record.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Work performed after the directive ends: After the Directive period ends, a property owner may choose to allow the contractor to continue its work. The Registrar encourages parties to work cooperatively, but cannot require a homeowner to continue to allow a contractor access to the property after the Directive period ends in order for the administrative process to continue. Denying access after the Directive ends is not grounds to close or dismiss a complaint.
Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Complainant: George Carr 7181 E CAMELBACK RD, unit 106 Scottsdale, AZ 85251
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: Unlimited Construction Solutions LLC 15455 N Greenway Hayden Loop Suite C19 Scottsdale, AZ 85260
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 331727
Re:Complaint No. 2023-10436
AMENDED WRITTEN DIRECTIVE FROM THE REGISTRAR 11/1/2023 Received addendum to the complaint Jobsite inspection 12-5-23 at 10:00 am
Dear Respondent:
After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on December 20, 2023.
RESTRICTIONS • You may not perform or hire other contractors to perform work that is outside the scope of your license. • If your license is currently suspended for administrative reasons 1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.
DIRECTIVE REQUIREMENTS
You are directed to remedy the following violations by the appropriate means:
This means the license is suspended for lack of qualifying party, lack of bond, nonrenewal, Recovery Fund payout, or for any reason listed in A.R.S. § 32-1124(F). 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complaint #2 Shower lighting lacked water seal and no gfci Inspector’s Observation: This item was completed by another contractor prior to the jobsite inspection. • The Respondent’s work was subject to modification.. For that reason, the Registrar is prohibited from issuing a citation for the Respondent’s alleged poor workmanship or alleged departure from applicable building codes. See A.R.S. § 32-1155(D) • Respondent agreed to paint touch up • Respondent shall correct paint touch up by the appropriate means.
Complaint #6 Multiple slab breaks/fractures in kitchen, living room, and bathroom Inspector’s Observation: 1) Verified shower seat is holding water (no slope). 2) Gap between kitchen island top and sub-top (Respondent is willing to show that it is supported properly. 3) Gaps at m/bath sub-top (Respondent agreed to correct.)
Complaint #7 Master bathroom counter issues Inspector’s Observation: Work was corrected by another contractor. Respondent agreed to correct gaps in splash tiles. • Respondent shall correct by the appropriate means.
Complaint #8 Subdeck exposed Inspector’s Observation: Complainant points out exposed nails under the overhang in the kitchen. • Respondent shall correct by the appropriate means.
Complaint # 9 Fractured millwork Inspector’s Observation: Complainant points out the m/ bath sub-top / cabinet top is cracked and has exposed nails. • Respondent shall correct by the appropriate means.
Complaint # 10 Electric fireplace was not properly installed; sticks out; Inspector’s Observation: Verified the fire place is not flush with the wall. • Respondent shall install the fireplace per plans, specifications, and manufacturer’s installation instructions.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complaint #12 LED lighting hanging; fridge not turning on Inspector’s Observation: Respondent agreed the lighting is not working. • Respondent shall correct by the appropriate means.
Complaint #15 Plumbing: shower still leaking when turned on Inspector’s Observation: Shower fixture is not installed. • Respondent shall install the shower fixture per plans, specifications, and manufacturer’s installation instructions.
Complaint #16 Failed to follow designer plans Inspector’s Observation: Complainant pointed out the fireplace. Same as #10 • Verified the fire place is not flush with the wall. • Respondent shall install the fireplace per plans, specifications, and manufacturer’s installation instructions.
Complaint #17 Guest bathroom millwork issues due to install and plumbing Inspector’s Observation: Verified the drawer would not close completely • Respondent shall correct by the appropriate means.
Complaint #18 Fractured threshold entry and common area tiles Inspector’s Observation: Verified the broken / chipped threshold. • Respondent shall correct by the appropriate means.
Addendum Complaint Item 28: Fridge works but ice does not and bottom freezer door doesn’t easily close Investigator’s Observation: Verified the freezer door is not aligned with the refrigerator door. • The Appliance should function as intended. • This issue raised in your complaint may not be the responsibility of the Respondent. The issue may be the responsibility of the product manufacturer. (Note: The Registrar makes no determination regarding the product manufacturer’s responsibility.) • Respondent shall correct by the appropriate means.
Addendum Complaint Item 30: Extra attached material on patio needs to be removed. Investigator’s Observation: There appears to be taping mud on the patio wall • Respondent shall correct by the appropriate means.
Addendum Complaint Item 31: Food disposal was plugged into itself. Investigator’s Observation: There appears to be an issue with the outlet for the disposal and dishwasher. Possibly both plugs are on a switch. • Respondent shall correct by the appropriate means.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Addendum Complaint Item 32: Fridge water and ice are not hooked up Investigator’s Observation: Respondent agreed to correct. • Respondent shall correct by the appropriate means.
Addendum Complaint Item 34: Freezer door hits the left side of the fridge frame when closing. Investigator’s Observation: Verified the freezer door is not aligned with the refrigerator door. • The Appliance should function as intended. • This issue raised in the complaint may not be the responsibility of the Respondent. The issue may be the responsibility of the product manufacturer. (Note: The Registrar makes no determination regarding the product manufacturer’s responsibility.) • Respondent shall correct by the appropriate means.
Addendum Complaint Item 36: Right sided bathroom shower door is broken. It has been broken for a while. It was noticed when another Investigator’s Observation: Respondent states a new door has been ordered. • Respondent shall correct by the appropriate means.
Addendum Complaint Item 37: Our interior designer states the way the middle glass was secured, was not the correct way Investigator’s Observation: Respondent states end caps are needed. • Respondent shall complete project per original contract agreement, plans, specifications,
Addendum Complaint Item 38: Both R and L vertical shower bars are not even secured. Investigator’s Observation: The shower has not been completed. • Respondent shall complete project per original contract agreement, plans, specifications,
Addendum Complaint Item 39: Floor trim missing in front of AC access unit. Investigator’s Observation: Verified. • Respondent shall correct by the appropriate means.
Addendum Complaint Item 41: Laundry, Electrical outlet closest to hallway wall doesn’t work properly. Investigator’s Observation: Respondent states, they did no electrical work in the laundry. • Respondent is required to complete project per original contract agreement, plans, specifications,
Addendum Complaint Item 42: Ceiling light attachments were broken preventing the light cover from being attached
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: Verified the light cover is missing. • Respondent shall correct by the appropriate means.
Addendum Complaint Item 43: Dented appliances Inspector’s Observation: Verified dent in the dishwasher, misaligned refrigerator doors • Respondent shall correct by the appropriate means.
ITEMS NOT REQUIRING CORRECTION
The following complaint items require no action by the Respondent:
Complaint #1 Abandonment of the project Inspector’s Observation: At the time of inspection the Respondent was on site and said he’s willing to make corrections.
Complaint #3 30+ Improper ceiling lighting install Inspector’s Observation: This item was completed by another contractor prior to the jobsite inspection. • The Respondent’s work was subject to modification. For that reason, the Registrar is prohibited from issuing a citation for the Respondent’s alleged poor workmanship or alleged departure from applicable building codes. See A.R.S. § 32-1155(D)
Complaint #4 Refusal to return condo key, fob, and other personal property Inspector’s Observation: This is not a Title 32 violation to which I can report on.
Complaint #5 Consistent misinformation; and alleged purposeful misinformation about project timings. Inspector’s Observation: This is not a Title 32 violation to which I can report on.
Complaint #11 Electric circuit breaker broken in kitchen Inspector’s Observation: Completed by another party prior to the jobsite inspection. • The Respondent’s work was subject to modification. For that reason, the Registrar is prohibited from issuing a citation for the Respondent’s alleged poor workmanship or alleged departure from applicable building codes. See A.R.S. § 32-1154(D)
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complaint #13 Plumbing leak caused third-party damage, Inspector’s Observation: Completed by another party prior to the jobsite inspection. • The Respondent’s work was subject to modification. For that reason, the Registrar is prohibited from issuing a citation for the Respondent’s alleged poor workmanship or alleged departure from applicable building codes. See A.R.S. § 32-1154(D)
Complaint #14 Still have an unpaid ServePro bill. Inspector’s Observation: This agency does not have the authority to resolve a financial issue.
Complaint # 19 Dual paint coloring was not requested; overspray confirms it Inspector’s Observation: Completed by another contractor prior to the jobsite inspection.
Complaint # 20 Two missing ceiling air vent covers Inspector’s Observation: Completed by another contractor prior to the jobsite inspection.
Complaint #21 Damage to personal property, e.g., 75-inch Samsung TV and glass table. Inspector’s Observation: I’m unable to verify that the Respondent is responsible the damage.
Complaint #22 Numerous drywall damages Inspector’s Observation: Completed by another contractor prior to the jobsite inspection.
Complaint #23 Notable inconsistencies in contractor statements. Contractor refusing to give scheduling; Inspector’s Observation: This is not a Title 32 violation to which I can report on
Complaint #24 Over $170,000 paid to 3rd parties; $35,500 paid directly to General Contractor Inspector’s Observation: This agency does not have the authority to resolve a financial issue. Complaint #25 Master bedroom external door broken Inspector’s Observation: The door is pre-existing, I’m unable to verify if the Respondent is responsible.
Addendum Complaint Item 26: Practices suspicious of "Bait and switch" Inspector’s Observation: This is not a Title 32 violation to which I can report on
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Addendum Complaint Item 27: Company cashed checks, his subordinate Ivo tried to get more money out of us without any significant work completed. This appeared very suspicious. We called Ivo out on it. Then contacted his superior Reynaldo. Reynaldo said he wasn’t part of the deal. However, the checks were written to Reynaldo’s company and cashed through Reynaldo’s company, and Ivo says he was Reynaldo’s VP. Although Reynaldo sounded sincere, believing him 100% was never an option considering Ivo and Reynaldo’s personal and professional relationship. Reynaldo said he would honor the contract (acting ng like he wasn’t part of it originally) and finish the project asap within 2022. Yet, he kept misinforming us time after time. I consider those lies. At any rate, after Reynaldo was showing some progress, I complied with his request for a 3rd check. Days a Reynaldo cashed the 3rd check, he tells me the project will now cost more than $150,000 more than the original contract. Additionally, he told me at the same time as trying to increase the price, that he finally reviewed the project, and was ready to proceed. That means, he lied to us for over six months with deliberate deception with miss information and intentions. We even bought furniture ready to be delivered. Investigator’s Observation: Inspector has no first-hand knowledge. / This is not a Title 32 violation to which I can report on
Addendum Complaint Item 29: New fridge handle is still needed: Investigator’s Observation: Completed prior to the jobsite inspection,
Addendum Complaint Item 33: Did they remove and not replace the water line? Or did they just not hook it up? Investigator’s Observation: Unable to assign fault or determine cause at time of inspection.
Addendum Complaint Item 35: Range glass broke with barely a touch to it Investigator’s Observation: Completed prior to the jobsite inspection.
Addendum Complaint Item 40: Toilet didn’t have the lid attached to it. We had to fix that with a temporary fix. Investigator’s Observation: Completed by others prior to the jobsite inspection.
Please direct all questions regarding this Directive to the undersigned Investigator.
Sincerely, /s/ Steve Klein #174 Steve Klein #174, Investigator 1700 W. Washington St. Ste 105 Phoenix, AZ 85007-2812 Phone: (602) 689-4987 E-mail: [email redacted]
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 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: George Carr 7181 E CAMELBACK RD, unit 106 Scottsdale, AZ 85251
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: Unlimited Construction Solutions LLC 15455 N Greenway Hayden Loop Suite C19 Scottsdale, AZ 85260
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 331727
Re:Complaint No. 2023-10436
AMENDED WRITTEN DIRECTIVE FROM THE REGISTRAR 11/1/2023 Received addendum to the complaint Jobsite inspection 12-5-23 at 10:00 am
Dear Respondent:
After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on December 20, 2023.
RESTRICTIONS • You may not perform or hire other contractors to perform work that is outside the scope of your license. • If your license is currently suspended for administrative reasons 1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.
DIRECTIVE REQUIREMENTS
You are directed to remedy the following violations by the appropriate means:
This means the license is suspended for lack of qualifying party, lack of bond, nonrenewal, Recovery Fund payout, or for any reason listed in A.R.S. § 32-1124(F). 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complaint #2 Shower lighting lacked water seal and no gfci Inspector’s Observation: This item was completed by another contractor prior to the jobsite inspection. • The Respondent’s work was subject to modification.. For that reason, the Registrar is prohibited from issuing a citation for the Respondent’s alleged poor workmanship or alleged departure from applicable building codes. See A.R.S. § 32-1155(D) • Respondent agreed to paint touch up • Respondent shall correct paint touch up by the appropriate means.
Complaint #6 Multiple slab breaks/fractures in kitchen, living room, and bathroom Inspector’s Observation: 1) Verified shower seat is holding water (no slope). 2) Gap between kitchen island top and sub-top (Respondent is willing to show that it is supported properly. 3) Gaps at m/bath sub-top (Respondent agreed to correct.)
Complaint #7 Master bathroom counter issues Inspector’s Observation: Work was corrected by another contractor. Respondent agreed to correct gaps in splash tiles. • Respondent shall correct by the appropriate means.
Complaint #8 Subdeck exposed Inspector’s Observation: Complainant points out exposed nails under the overhang in the kitchen. • Respondent shall correct by the appropriate means.
Complaint # 9 Fractured millwork Inspector’s Observation: Complainant points out the m/ bath sub-top / cabinet top is cracked and has exposed nails. • Respondent shall correct by the appropriate means.
Complaint # 10 Electric fireplace was not properly installed; sticks out; Inspector’s Observation: Verified the fire place is not flush with the wall. • Respondent shall install the fireplace per plans, specifications, and manufacturer’s installation instructions.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complaint #12 LED lighting hanging; fridge not turning on Inspector’s Observation: Respondent agreed the lighting is not working. • Respondent shall correct by the appropriate means.
Complaint #15 Plumbing: shower still leaking when turned on Inspector’s Observation: Shower fixture is not installed. • Respondent shall install the shower fixture per plans, specifications, and manufacturer’s installation instructions.
Complaint #16 Failed to follow designer plans Inspector’s Observation: Complainant pointed out the fireplace. Same as #10 • Verified the fire place is not flush with the wall. • Respondent shall install the fireplace per plans, specifications, and manufacturer’s installation instructions.
Complaint #17 Guest bathroom millwork issues due to install and plumbing Inspector’s Observation: Verified the drawer would not close completely • Respondent shall correct by the appropriate means.
Complaint #18 Fractured threshold entry and common area tiles Inspector’s Observation: Verified the broken / chipped threshold. • Respondent shall correct by the appropriate means.
Addendum Complaint Item 28: Fridge works but ice does not and bottom freezer door doesn’t easily close Investigator’s Observation: Verified the freezer door is not aligned with the refrigerator door. • The Appliance should function as intended. • This issue raised in your complaint may not be the responsibility of the Respondent. The issue may be the responsibility of the product manufacturer. (Note: The Registrar makes no determination regarding the product manufacturer’s responsibility.) • Respondent shall correct by the appropriate means.
Addendum Complaint Item 30: Extra attached material on patio needs to be removed. Investigator’s Observation: There appears to be taping mud on the patio wall • Respondent shall correct by the appropriate means.
Addendum Complaint Item 31: Food disposal was plugged into itself. Investigator’s Observation: There appears to be an issue with the outlet for the disposal and dishwasher. Possibly both plugs are on a switch. • Respondent shall correct by the appropriate means.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Addendum Complaint Item 32: Fridge water and ice are not hooked up Investigator’s Observation: Respondent agreed to correct. • Respondent shall correct by the appropriate means.
Addendum Complaint Item 34: Freezer door hits the left side of the fridge frame when closing. Investigator’s Observation: Verified the freezer door is not aligned with the refrigerator door. • The Appliance should function as intended. • This issue raised in the complaint may not be the responsibility of the Respondent. The issue may be the responsibility of the product manufacturer. (Note: The Registrar makes no determination regarding the product manufacturer’s responsibility.) • Respondent shall correct by the appropriate means.
Addendum Complaint Item 36: Right sided bathroom shower door is broken. It has been broken for a while. It was noticed when another Investigator’s Observation: Respondent states a new door has been ordered. • Respondent shall correct by the appropriate means.
Addendum Complaint Item 37: Our interior designer states the way the middle glass was secured, was not the correct way Investigator’s Observation: Respondent states end caps are needed. • Respondent shall complete project per original contract agreement, plans, specifications,
Addendum Complaint Item 38: Both R and L vertical shower bars are not even secured. Investigator’s Observation: The shower has not been completed. • Respondent shall complete project per original contract agreement, plans, specifications,
Addendum Complaint Item 39: Floor trim missing in front of AC access unit. Investigator’s Observation: Verified. • Respondent shall correct by the appropriate means.
Addendum Complaint Item 41: Laundry, Electrical outlet closest to hallway wall doesn’t work properly. Investigator’s Observation: Respondent states, they did no electrical work in the laundry. • Respondent is required to complete project per original contract agreement, plans, specifications,
Addendum Complaint Item 42: Ceiling light attachments were broken preventing the light cover from being attached
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: Verified the light cover is missing. • Respondent shall correct by the appropriate means.
Addendum Complaint Item 43: Dented appliances Inspector’s Observation: Verified dent in the dishwasher, misaligned refrigerator doors • Respondent shall correct by the appropriate means.
ITEMS NOT REQUIRING CORRECTION
The following complaint items require no action by the Respondent:
Complaint #1 Abandonment of the project Inspector’s Observation: At the time of inspection the Respondent was on site and said he’s willing to make corrections.
Complaint #3 30+ Improper ceiling lighting install Inspector’s Observation: This item was completed by another contractor prior to the jobsite inspection. • The Respondent’s work was subject to modification. For that reason, the Registrar is prohibited from issuing a citation for the Respondent’s alleged poor workmanship or alleged departure from applicable building codes. See A.R.S. § 32-1155(D)
Complaint #4 Refusal to return condo key, fob, and other personal property Inspector’s Observation: This is not a Title 32 violation to which I can report on.
Complaint #5 Consistent misinformation; and alleged purposeful misinformation about project timings. Inspector’s Observation: This is not a Title 32 violation to which I can report on.
Complaint #11 Electric circuit breaker broken in kitchen Inspector’s Observation: Completed by another party prior to the jobsite inspection. • The Respondent’s work was subject to modification. For that reason, the Registrar is prohibited from issuing a citation for the Respondent’s alleged poor workmanship or alleged departure from applicable building codes. See A.R.S. § 32-1154(D)
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complaint #13 Plumbing leak caused third-party damage, Inspector’s Observation: Completed by another party prior to the jobsite inspection. • The Respondent’s work was subject to modification. For that reason, the Registrar is prohibited from issuing a citation for the Respondent’s alleged poor workmanship or alleged departure from applicable building codes. See A.R.S. § 32-1154(D)
Complaint #14 Still have an unpaid ServePro bill. Inspector’s Observation: This agency does not have the authority to resolve a financial issue.
Complaint # 19 Dual paint coloring was not requested; overspray confirms it Inspector’s Observation: Completed by another contractor prior to the jobsite inspection.
Complaint # 20 Two missing ceiling air vent covers Inspector’s Observation: Completed by another contractor prior to the jobsite inspection.
Complaint #21 Damage to personal property, e.g., 75-inch Samsung TV and glass table. Inspector’s Observation: I’m unable to verify that the Respondent is responsible the damage.
Complaint #22 Numerous drywall damages Inspector’s Observation: Completed by another contractor prior to the jobsite inspection.
Complaint #23 Notable inconsistencies in contractor statements. Contractor refusing to give scheduling; Inspector’s Observation: This is not a Title 32 violation to which I can report on
Complaint #24 Over $170,000 paid to 3rd parties; $35,500 paid directly to General Contractor Inspector’s Observation: This agency does not have the authority to resolve a financial issue. Complaint #25 Master bedroom external door broken Inspector’s Observation: The door is pre-existing, I’m unable to verify if the Respondent is responsible.
Addendum Complaint Item 26: Practices suspicious of "Bait and switch" Inspector’s Observation: This is not a Title 32 violation to which I can report on
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Addendum Complaint Item 27: Company cashed checks, his subordinate Ivo tried to get more money out of us without any significant work completed. This appeared very suspicious. We called Ivo out on it. Then contacted his superior Reynaldo. Reynaldo said he wasn’t part of the deal. However, the checks were written to Reynaldo’s company and cashed through Reynaldo’s company, and Ivo says he was Reynaldo’s VP. Although Reynaldo sounded sincere, believing him 100% was never an option considering Ivo and Reynaldo’s personal and professional relationship. Reynaldo said he would honor the contract (acting ng like he wasn’t part of it originally) and finish the project asap within 2022. Yet, he kept misinforming us time after time. I consider those lies. At any rate, after Reynaldo was showing some progress, I complied with his request for a 3rd check. Days a Reynaldo cashed the 3rd check, he tells me the project will now cost more than $150,000 more than the original contract. Additionally, he told me at the same time as trying to increase the price, that he finally reviewed the project, and was ready to proceed. That means, he lied to us for over six months with deliberate deception with miss information and intentions. We even bought furniture ready to be delivered. Investigator’s Observation: Inspector has no first-hand knowledge. / This is not a Title 32 violation to which I can report on
Addendum Complaint Item 29: New fridge handle is still needed: Investigator’s Observation: Completed prior to the jobsite inspection,
Addendum Complaint Item 33: Did they remove and not replace the water line? Or did they just not hook it up? Investigator’s Observation: Unable to assign fault or determine cause at time of inspection.
Addendum Complaint Item 35: Range glass broke with barely a touch to it Investigator’s Observation: Completed prior to the jobsite inspection.
Addendum Complaint Item 40: Toilet didn’t have the lid attached to it. We had to fix that with a temporary fix. Investigator’s Observation: Completed by others prior to the jobsite inspection.
Please direct all questions regarding this Directive to the undersigned Investigator.
Sincerely, /s/ Steve Klein #174 Steve Klein #174, Investigator 1700 W. Washington St. Ste 105 Phoenix, AZ 85007-2812 Phone: (602) 689-4987 E-mail: [email redacted]
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 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: George Carr 7181 E CAMELBACK RD, unit 106 Scottsdale, AZ 85251
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: Unlimited Construction Solutions LLC 15455 N Greenway Hayden Loop Suite C19 Scottsdale, AZ 85260
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 331727
Re:Complaint No. 2023-10436
WRITTEN DIRECTIVE FROM THE REGISTRAR
Dear Respondent:
After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on December 5, 2023.
RESTRICTIONS • You may not perform or hire other contractors to perform work that is outside the scope of your license. • If your license is currently suspended for administrative reasons 1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.
DIRECTIVE REQUIREMENTS
You are directed to remedy the following violations by the appropriate means:
Complaint #2 Shower lighting lacked water seal and no gfci Inspector’s Observation: This item was completed by another contractor prior to the jobsite inspection. • The Respondent’s work was subject to modification.. For that reason, the Registrar is prohibited from issuing a citation for the Respondent’s alleged poor workmanship or alleged departure from applicable building codes. See A.R.S. § 32-1155(D) • Respondent agreed to paint touch up • Respondent shall correct paint touch up by the appropriate means.
This means the license is suspended for lack of qualifying party, lack of bond, nonrenewal, Recovery Fund payout, or for any reason listed in A.R.S. § 32-1124(F). 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complaint #6 Multiple slab breaks/fractures in kitchen, living room, and bathroom Inspector’s Observation: 1) Verified shower seat is holding water (no slope). 2) Gap between kitchen island top and sub-top (Respondent is willing to show that it is supported properly. 3) Gaps at m/bath sub-top (Respondent agreed to correct.)
Complaint #7 Master bathroom counter issues Inspector’s Observation: Work was corrected by another contractor. Respondent agreed to correct gaps in splash tiles. • Respondent shall correct by the appropriate means.
Complaint #8 Subdeck exposed Inspector’s Observation: Complainant points out exposed nails under the overhang in the kitchen. • Respondent shall correct by the appropriate means.
Complaint # 9 Fractured millwork Inspector’s Observation: Complainant points out the m/ bath sub-top / cabinet top is cracked and has exposed nails. • Respondent shall correct by the appropriate means.
Complaint # 10 Electric fireplace was not properly installed; sticks out; Inspector’s Observation: Verified the fire place is not flush with the wall. • Respondent shall install the fireplace per plans, specifications, and manufacturer’s installation instructions.
Complaint #12 LED lighting hanging; fridge not turning on Inspector’s Observation: Respondent agreed the lighting is not working. • Respondent shall correct by the appropriate means.
Complaint #15 Plumbing: shower still leaking when turned on Inspector’s Observation: Shower fixture is not installed. • Respondent shall install the shower fixture per plans, specifications, and manufacturer’s installation instructions.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complaint #16 Failed to follow designer plans Inspector’s Observation: Complainant pointed out the fireplace. Same as #10 • Verified the fire place is not flush with the wall. • Respondent shall install the fireplace per plans, specifications, and manufacturer’s installation instructions.
Complaint #17 Guest bathroom millwork issues due to install and plumbing Inspector’s Observation: Verified the drawer would not close completely • Respondent shall correct by the appropriate means.
Complaint #18 Fractured threshold entry and common area tiles Inspector’s Observation: Verified the broken / chipped threshold. • Respondent shall correct by the appropriate means.
ITEMS NOT REQUIRING CORRECTION
The following complaint items require no action by the Respondent:
Complaint #1 Abandonment of the project Inspector’s Observation: At the time of inspection the Respondent was on site and said he’s willing to make corrections.
Complaint #3 30+ Improper ceiling lighting install Inspector’s Observation: This item was completed by another contractor prior to the jobsite inspection. • The Respondent’s work was subject to modification. For that reason, the Registrar is prohibited from issuing a citation for the Respondent’s alleged poor workmanship or alleged departure from applicable building codes. See A.R.S. § 32-1155(D)
Complaint #4 Refusal to return condo key, fob, and other personal property Inspector’s Observation: This is not a Title 32 violation to which I can report on.
Complaint #5 Consistent misinformation; and alleged purposeful misinformation about project timings. Inspector’s Observation: This is not a Title 32 violation to which I can report on.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complaint #11 Electric circuit breaker broken in kitchen Inspector’s Observation: Completed by another party prior to the jobsite inspection. • The Respondent’s work was subject to modification. For that reason, the Registrar is prohibited from issuing a citation for the Respondent’s alleged poor workmanship or alleged departure from applicable building codes. See A.R.S. § 32-1154(D)
Complaint #13 Plumbing leak caused third-party damage, Inspector’s Observation: Completed by another party prior to the jobsite inspection. • The Respondent’s work was subject to modification. For that reason, the Registrar is prohibited from issuing a citation for the Respondent’s alleged poor workmanship or alleged departure from applicable building codes. See A.R.S. § 32-1154(D)
Complaint #14 Still have an unpaid ServePro bill. Inspector’s Observation: This agency does not have the authority to resolve a financial issue.
Complaint # 19 Dual paint coloring was not requested; overspray confirms it Inspector’s Observation: Completed by another contractor prior to the jobsite inspection.
Complaint # 20 Two missing ceiling air vent covers Inspector’s Observation: Completed by another contractor prior to the jobsite inspection.
Complaint #21 Damage to personal property, e.g., 75-inch Samsung TV and glass table. Inspector’s Observation: I’m unable to verify that the Respondent is responsible the damage.
Complaint #22 Numerous drywall damages Inspector’s Observation: Completed by another contractor prior to the jobsite inspection.
Complaint #23 Notable inconsistencies in contractor statements. Contractor refusing to give scheduling; Inspector’s Observation: This is not a Title 32 violation to which I can report on
Complaint #24 Over $170,000 paid to 3rd parties; $35,500 paid directly to General Contractor Inspector’s Observation: This agency does not have the authority to resolve a financial issue.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complaint #25 Master bedroom external door broken Inspector’s Observation: The door is pre-existing, I’m unable to verify if the Respondent is responsible.
Please direct all questions regarding this Directive to the undersigned Investigator.
Sincerely, /s/ Steve Klein #174 Steve Klein #174, Investigator 1700 W. Washington St. Ste 105 Phoenix, AZ 85007-2812 Phone: (602) 689-4987 E-mail: [email redacted]
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complainant: George Carr 7181 E CAMELBACK RD, unit 106 Scottsdale, AZ 85251
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: Unlimited Construction Solutions LLC 15455 N Greenway Hayden Loop Suite C19 Scottsdale, AZ 85260
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 331727
Re:Complaint No. 2023-10436
WRITTEN DIRECTIVE FROM THE REGISTRAR
Dear Respondent:
After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on December 5, 2023.
RESTRICTIONS • You may not perform or hire other contractors to perform work that is outside the scope of your license. • If your license is currently suspended for administrative reasons 1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.
DIRECTIVE REQUIREMENTS
You are directed to remedy the following violations by the appropriate means:
Complaint #2 Shower lighting lacked water seal and no gfci Inspector’s Observation: This item was completed by another contractor prior to the jobsite inspection. • The Respondent’s work was subject to modification.. For that reason, the Registrar is prohibited from issuing a citation for the Respondent’s alleged poor workmanship or alleged departure from applicable building codes. See A.R.S. § 32-1155(D) • Respondent agreed to paint touch up • Respondent shall correct paint touch up by the appropriate means.
This means the license is suspended for lack of qualifying party, lack of bond, nonrenewal, Recovery Fund payout, or for any reason listed in A.R.S. § 32-1124(F). 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complaint #6 Multiple slab breaks/fractures in kitchen, living room, and bathroom Inspector’s Observation: 1) Verified shower seat is holding water (no slope). 2) Gap between kitchen island top and sub-top (Respondent is willing to show that it is supported properly. 3) Gaps at m/bath sub-top (Respondent agreed to correct.)
Complaint #7 Master bathroom counter issues Inspector’s Observation: Work was corrected by another contractor. Respondent agreed to correct gaps in splash tiles. • Respondent shall correct by the appropriate means.
Complaint #8 Subdeck exposed Inspector’s Observation: Complainant points out exposed nails under the overhang in the kitchen. • Respondent shall correct by the appropriate means.
Complaint # 9 Fractured millwork Inspector’s Observation: Complainant points out the m/ bath sub-top / cabinet top is cracked and has exposed nails. • Respondent shall correct by the appropriate means.
Complaint # 10 Electric fireplace was not properly installed; sticks out; Inspector’s Observation: Verified the fire place is not flush with the wall. • Respondent shall install the fireplace per plans, specifications, and manufacturer’s installation instructions.
Complaint #12 LED lighting hanging; fridge not turning on Inspector’s Observation: Respondent agreed the lighting is not working. • Respondent shall correct by the appropriate means.
Complaint #15 Plumbing: shower still leaking when turned on Inspector’s Observation: Shower fixture is not installed. • Respondent shall install the shower fixture per plans, specifications, and manufacturer’s installation instructions.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complaint #16 Failed to follow designer plans Inspector’s Observation: Complainant pointed out the fireplace. Same as #10 • Verified the fire place is not flush with the wall. • Respondent shall install the fireplace per plans, specifications, and manufacturer’s installation instructions.
Complaint #17 Guest bathroom millwork issues due to install and plumbing Inspector’s Observation: Verified the drawer would not close completely • Respondent shall correct by the appropriate means.
Complaint #18 Fractured threshold entry and common area tiles Inspector’s Observation: Verified the broken / chipped threshold. • Respondent shall correct by the appropriate means.
ITEMS NOT REQUIRING CORRECTION
The following complaint items require no action by the Respondent:
Complaint #1 Abandonment of the project Inspector’s Observation: At the time of inspection the Respondent was on site and said he’s willing to make corrections.
Complaint #3 30+ Improper ceiling lighting install Inspector’s Observation: This item was completed by another contractor prior to the jobsite inspection. • The Respondent’s work was subject to modification. For that reason, the Registrar is prohibited from issuing a citation for the Respondent’s alleged poor workmanship or alleged departure from applicable building codes. See A.R.S. § 32-1155(D)
Complaint #4 Refusal to return condo key, fob, and other personal property Inspector’s Observation: This is not a Title 32 violation to which I can report on.
Complaint #5 Consistent misinformation; and alleged purposeful misinformation about project timings. Inspector’s Observation: This is not a Title 32 violation to which I can report on.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complaint #11 Electric circuit breaker broken in kitchen Inspector’s Observation: Completed by another party prior to the jobsite inspection. • The Respondent’s work was subject to modification. For that reason, the Registrar is prohibited from issuing a citation for the Respondent’s alleged poor workmanship or alleged departure from applicable building codes. See A.R.S. § 32-1154(D)
Complaint #13 Plumbing leak caused third-party damage, Inspector’s Observation: Completed by another party prior to the jobsite inspection. • The Respondent’s work was subject to modification. For that reason, the Registrar is prohibited from issuing a citation for the Respondent’s alleged poor workmanship or alleged departure from applicable building codes. See A.R.S. § 32-1154(D)
Complaint #14 Still have an unpaid ServePro bill. Inspector’s Observation: This agency does not have the authority to resolve a financial issue.
Complaint # 19 Dual paint coloring was not requested; overspray confirms it Inspector’s Observation: Completed by another contractor prior to the jobsite inspection.
Complaint # 20 Two missing ceiling air vent covers Inspector’s Observation: Completed by another contractor prior to the jobsite inspection.
Complaint #21 Damage to personal property, e.g., 75-inch Samsung TV and glass table. Inspector’s Observation: I’m unable to verify that the Respondent is responsible the damage.
Complaint #22 Numerous drywall damages Inspector’s Observation: Completed by another contractor prior to the jobsite inspection.
Complaint #23 Notable inconsistencies in contractor statements. Contractor refusing to give scheduling; Inspector’s Observation: This is not a Title 32 violation to which I can report on
Complaint #24 Over $170,000 paid to 3rd parties; $35,500 paid directly to General Contractor Inspector’s Observation: This agency does not have the authority to resolve a financial issue.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complaint #25 Master bedroom external door broken Inspector’s Observation: The door is pre-existing, I’m unable to verify if the Respondent is responsible.
Please direct all questions regarding this Directive to the undersigned Investigator.
Sincerely, /s/ Steve Klein #174 Steve Klein #174, Investigator 1700 W. Washington St. Ste 105 Phoenix, AZ 85007-2812 Phone: (602) 689-4987 E-mail: [email redacted]
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complainant: George Carr 7181 E CAMELBACK RD, unit 106 Scottsdale, AZ 85251
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 04/21 Respondent: Unlimited Construction Solutions LLC 15455 N Greenway Hayden Loop Suite C19 Scottsdale, AZ 85260
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 04/21 November 16, 2023
Re: Complaint No. 2023-10436
Dear Complainant and Respondent:
After the initial filing of the complaint 2023-10436, the Complainant filed the attached amended complaint containing additional complaint items.
A jobsite inspection is scheduled December 5, 2023 at 10:00 am. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.
COMPLAINANT: 1. Under A.R.S. § 32-1155(D)(1), the Respondent must be allowed, upon request, the opportunity to inspect the amended complaint items 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 the amended complaint items. 2. The Registrar may also be precluded from taking further action on the amended complaint items, if the work that is the subject of the amended 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. Additionally, please secure any animals.
RESPONDENT: 1. Enclosed is a copy of the amended complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity 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 amended 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 C007 04/21 If either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time.
If the parties resolve the complaint prior to the inspection, please notify the assigned investigator in writing and by phone as soon as possible.
Sincerely, /s/ Steve Klein #174 Steve Klein #174, Investigator 1700 W. Washington St. Ste 105 Phoenix, AZ 85007-2812 Phone: (602) 689-4987 E-mail: [email redacted]
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 04/21 Complainant: George Carr 7181 E CAMELBACK RD, unit 106 Scottsdale, AZ 85251
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: Unlimited Construction Solutions LLC 15455 N Greenway Hayden Loop Suite C19 Scottsdale, AZ 85260
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Directive Compliance Inspection 12-21-23
Case No.: 2023-10436 Investigator: Steve Klein Inspection Date: December 21, 2023 Inspection Time: 10:00 AM
Compliance Findings:
Complaint #2 Shower lighting lacked water seal and no gfci Inspector’s Observation: This item was completed by another contractor prior to the jobsite inspection. • The Respondent’s work was subject to modification.. For that reason, the Registrar is prohibited from issuing a citation for the Respondent’s alleged poor workmanship or alleged departure from applicable building codes. See A.R.S. § 32-1155(D) • Respondent agreed to paint touch up • Respondent shall correct paint touch up by the appropriate means.
Complaint #6 Multiple slab breaks/fractures in kitchen, living room, and bathroom Inspector’s Observation: 1) Verified shower seat is holding water (no slope). 2) Gap between kitchen island top and sub-top (Respondent is willing to show that it is supported properly. 3) Gaps at m/bath sub-top (Respondent agreed to correct.)
Complaint #7 Master bathroom counter issues Inspector’s Observation: Work was corrected by another contractor. Respondent agreed to correct gaps in splash tiles. • Respondent shall correct by the appropriate means.
Complaint # 9 Fractured millwork Inspector’s Observation: Complainant points out the m/ bath sub-top / cabinet top is cracked and has exposed nails. • Respondent shall correct by the appropriate means.
Complaint # 10 Electric fireplace was not properly installed; sticks out; Inspector’s Observation: Verified the fire place is not flush with the wall. • Respondent shall install the fireplace per plans, specifications, and manufacturer’s installation instructions.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 omplaint #12 LED lighting hanging; fridge not turning on Inspector’s Observation: Respondent agreed the lighting is not working. • Respondent shall correct by the appropriate means.
Complaint #15 Plumbing: shower still leaking when turned on Inspector’s Observation: Shower fixture is not installed. • Respondent shall install the shower fixture per plans, specifications, and manufacturer’s installation instructions.
Complaint #16 Failed to follow designer plans Inspector’s Observation: Complainant pointed out the fireplace. Same as #10 • Verified the fire place is not flush with the wall. • Respondent shall install the fireplace per plans, specifications, and manufacturer’s installation instructions.
Complaint #18 Fractured threshold entry and common area tiles Inspector’s Observation: Verified the broken / chipped threshold. • Respondent shall correct by the appropriate means.
Addendum Complaint Item 28: Fridge works but ice does not. Investigator’s Observation • The Appliance should function as intended. • This issue raised in your complaint may not be the responsibility of the Respondent. The issue may be the responsibility of the product manufacturer. (Note: The Registrar makes no determination regarding the product manufacturer’s responsibility.) • Respondent shall correct by the appropriate means.
Addendum Complaint Item 32: Fridge water and ice are not hooked up Investigator’s Observation: Respondent agreed to correct. • Respondent shall correct by the appropriate means.
Addendum Complaint Item 36: Right sided bathroom shower door is broken. It has been broken for a while. It was noticed when another Investigator’s Observation: Respondent states a new door has been ordered. • Respondent shall correct by the appropriate means.
Addendum Complaint Item 37: Our interior designer states the way the middle glass was secured, was not the correct way Investigator’s Observation: Respondent states end caps are needed. • Respondent shall complete project per original contract agreement, plans, specifications, 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 Complaint Item 38: Both R and L vertical shower bars are not even secured. Investigator’s Observation: The shower has not been completed. • Respondent shall complete project per original contract agreement, plans, specifications,
Addendum Complaint Item 39: Floor trim missing in front of AC access unit. Investigator’s Observation: Verified. • Respondent shall correct by the appropriate means.
Addendum Complaint Item 41: Laundry, Electrical outlet closest to hallway wall doesn’t work properly. Investigator’s Observation: Respondent states, they did no electrical work in the laundry. • Respondent is required to complete project per original contract agreement, plans, specifications,
Addendum Complaint Item 42: Ceiling light attachments were broken preventing the light cover from being attached Investigator’s Observation: Verified the light cover is missing. • Respondent shall correct by the appropriate means.
Addendum Complaint Item 43: Dented appliances Inspector’s Observation: Verified dent in the dishwasher, misaligned refrigerator doors • Respondent shall correct by the appropriate means.
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 to fax number (602) 364-0416 or by mail to: Arizona Registrar of Contractors, P.O. Box 18244, Phoenix, Arizona 85005-8244.
Sincerely, /s/ Steve Klein #174 Steve Klein #174, Investigator 1700 W. Washington St. Ste 105 Phoenix, AZ 85007-2812 Phone: (602) 689-4987 E-mail: [email redacted] 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
George Carr, Case No. 2023-10436 COMPLAINANT, v. Unlimited Construction Solutions LLC CITATION License No. ROC 331727,
RESPONDENT.
The Registrar issues this Citation to Unlimited Construction Solutions LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by January 11, 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 September 7, 2023, George Carr (“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.
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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 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. 2023-10436. 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]
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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 The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than January 11, 2024. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an
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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 informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar.
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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 Dated December 27, 2023. By: /s/ Tedi Quezada Tedi Quezada Legal Assistant Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, December 27, 2023 to:
Respondent Certified Mail No: [number redacted]
Unlimited Construction Solutions LLC 15455 N Greenway Hayden Loop Suite C19 Scottsdale, AZ 85260 Copy mailed by USPS First Class mail this same date to:
Respondent Unlimited Construction Solutions LLC 15455 N Greenway Hayden Loop Suite C19 Scottsdale, AZ 85260
Complainant George Carr 7181 E CAMELBACK RD, unit 106 Scottsdale, AZ 85251
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. 2023-10436
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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 [number redacted] 89 9 6[number redacted]
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Your welcome,
If you need additional information or clarification on anything please feel free to contact me.
Have a great weekend. Regards Ivo
Sent from my iPhone
On Jul 1, 2023, at 4:16 PM, george a carr <[email redacted]> wrote:
Thank you
Smiles,
George Carr
From: Ivonek Badilla <[email redacted]> Sent: Saturday, July 1, 2023 4:04:28 PM To: george a carr <[email redacted]>; [email redacted] <[email redacted]> Subject: Re: request
Hello George,
Per your request please see attached proposed budget dated June 22, 2022 and your (client added) additional addendum items.
<image0.jpeg> <image1.jpeg> <image2.jpeg>
Sent from my iPhone On Jun 30, 2023, at 12:22 PM, Ivonek Badilla <[email redacted]> wrote:
Hi George,
I will send later today, I had archived the files so have to search for it. I remember you kept the original. Thank you.
Regards, Ivonek F. Badilla
From: george a carr <[email redacted]> Sent: Friday, June 30, 2023 8:01 AM To: Dnt- Old- Ivonek Evo Architect Badilla <[email redacted]>; [email redacted] <[email redacted]> Subject: request
Hello Ivo
Maelvy has asked you to email the 3 page contract (1 main plus 2 addendum pages) to her multiple times, but you have chosen not to
Would you like to comment on why not?
GC
Sent from Mail for Windows 1/16/24, 10:01 AM State of Arizona Mail - Written Answer to Citation and Complaint Case No. 2023-10436
Answers - AZROC <[email redacted]>
Written Answer to Citation and Complaint Case No. 2023-10436 messages
reynaldov intornogroup.com <[email redacted]> Thu, Jan 11, 2024 at 11:50 AM To: "[email redacted]" <[email redacted]> Cc: Intorno Gmail <[email redacted]>, Reynaldo Villaseñor <[email redacted]>, John Galea <[email redacted]>
Written Answer to Citation and Complaint Case No. 2023-10436
I, Reynaldo Villasenor, have always been in the best disposition to completely finish this project. There are several items in this complaint that have already been taken care of, as you may see in the second attachment. This project was originally started by Ivo, who was helping me with some projects and I honored the deal he had made with Mr. Carr anyways.
In the first attachment, you will find the project numbers. The original total was $192,000.00. Some extra costs were acknowledged by Mr. Carr, which totalled $53,900.00. This would make the project a total of $245,900. And then, there were $48,750 costs that I incurred in extra things that needed to be done and that I completed which Mr. Carr did not want to acknowledge, which would have made the grand project total $294,650. That was without including the 10% builder fee we had agreed upon.
The project was completed up to the point where I passed all the final inspections and Mr. Carr was given a COO. I received a total of $35,500.00 in payments for a project that was over $300,000.00. Yes, it is true that I did not finish the details of some parts but that was only because he failed to keep providing progress payments. He only paid a little over 10% of the total cost even though he received the COO and passed inspections.
He claims to have spent a lot of money on other contractors to finish up things he says I should have done, but he did that before this matter has been settled or resolved. And I waited for the ROC involvement and based on the inspector’s directive, we started taking care of them items that needed to be detailed but Mr. Carr made and addendum with extra items and the time was not enough to finish all of them up since the such provided time was only considering the items before the addendum.
We asked Mr. Carr for a time extension and he said the ROC has to decide and would not let me keep come back and finish up.
In spite of all of this, even to this day, I am in the best disposition to resolve this matter, which is why I believe my license should not be suspended or revoked. I know the money issues are not responsibility of the ROC but I am in the best disposition to comply with anything the ROC directs me to do.
Best regards, Reynaldo Villaseñor 15455 N. Greenway Hayden Loop, Suite C19 Scottsdale, AZ 85260 480.388.5339
Answers - AZROC <[email redacted]> Fri, Jan 12, 2024 at 8:09 AM To: "reynaldov intornogroup.com" <[email redacted]>
Good morning. There are no attachments to your email.
Thank you, Legal Department [Quoted text hidden]
https://mail.google.com/mail/b/AEoRXRTM9891YOCMY5kLMp3kOq1ZGB7uOEH25oWKa6yn33weXP2e/u/0/?ik=581c53cf5c&view=pt&search=all&p… 1/2 1/16/24, 10:01 AM State of Arizona Mail - Written Answer to Citation and Complaint Case No. 2023-10436 -- Thank you.
Registrar of Contractors Legal Department
reynaldov intornogroup.com <[email redacted]> Fri, Jan 12, 2024 at 10:10 AM To: Answers - AZROC <[email redacted]>
Oh my bad! Let me get to my office and send those asap Reynaldo Villaseñor 15455 N. Greenway Hayden Loop, Suite C19 Scottsdale, AZ 85260 480.388.5339
On Jan 12, 2024, at 8:10 AM, Answers - AZROC <[email redacted]> wrote:
[Quoted text hidden]
https://mail.google.com/mail/b/AEoRXRTM9891YOCMY5kLMp3kOq1ZGB7uOEH25oWKa6yn33weXP2e/u/0/?ik=581c53cf5c&view=pt&search=all&p… 2/2 1/23/24, 8:49 AM State of Arizona Mail - Written Answer to Citation and Complaint Case No. 2023-10436
Answers - AZROC <[email redacted]>
Written Answer to Citation and Complaint Case No. 2023-10436 reynaldov intornogroup.com <[email redacted]> Tue, Jan 23, 2024 at 6:01 AM To: Answers - AZROC <[email redacted]>
Please see attached
Reynaldo Villaseñor 15455 N. Greenway Hayden Loop, Suite C19 Scottsdale, AZ 85260 480.388.5339
https://mail.google.com/mail/b/AEoRXRSJUn9T17L6HtvtM316cH7H3WoERJ3B1NSp3WigEJKPPgfO/u/0/?ik=581c53cf5c&view=pt&search=all&perm… 1/2 1/23/24, 8:49 AM State of Arizona Mail - Written Answer to Citation and Complaint Case No. 2023-10436 On Jan 12, 2024, at 10:10 AM, reynaldov intornogroup.com <[email redacted]> wrote:
Oh my bad! [Quoted text hidden]
https://mail.google.com/mail/b/AEoRXRSJUn9T17L6HtvtM316cH7H3WoERJ3B1NSp3WigEJKPPgfO/u/0/?ik=581c53cf5c&view=pt&search=all&perm… 2/2 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