2023A-10566-CHC-ROC Notice of Hearing & Packet MAILED 2023-10566.pdf

2023A-10566-CHC-ROC · Registrar of Contractors · 2024-07-15

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Ric Schneider , Case No. 2023-10566

COMPLAINANT, Docket No. 2023A-10566-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Build Inc. License No. ROC 210681 & 229225 RESPONDENT. This Notice of Hearing is issued under A.R.S. § 41-1092.05(D).

HEARING INFORMATION The hearing is set for:

August 19, 2024 9:00 AM Kay Abramsohn 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 June 6, 2024. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED

The complaint and citation allege that the Respondent committed the following act(s): Charge: 1 A.R.S. § 32-1154(A)(2)(a) Charge: 2 A.R.S. § 32-1154(A)(3) - R4-9-108(a)

Charge: 3 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 July 15, 2024.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail July 15, 2024 to:

Respondent(s) Build Inc. 5042 N 8th St Phoenix, AZ 85014

Respondent's Attorney Andrew Q. Everroad, Esq. 1221 East Osborn Rd., Ste. 105 Phoenix, AZ 85014

Complainant(s) Ric Schneider 20800 Lincolnshire Court Brookfield, WI 53045

Copy sent electronically this same date to: Respondent at email address on record with the Registrar Respondent’s Attorney at email address of record with Registrar Complainant at email address on record with the Registrar

Case No. 2023-10566 /

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

Hearing Packet FAQ What is the Hearing Packet?

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

Who gets the Hearing Packet?

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

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

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

What is in the Hearing Packet?

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

● Original complaint;

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

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

● Citation; and ● Answer.

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

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

What if there are documents missing from the Hearing Packet?

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

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

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

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

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

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

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

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

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

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

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

Complainant: Ric Schneider 20800 Lincolnshire Court Brookfield, WI 53045

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: Build Inc. 5042 N 8th St Phoenix, AZ 85014

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 October 12, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-10566

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for November 8, 2023 at 1:30 PM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

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

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

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

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

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

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

CC: Respondent Complainant

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 A Guide to Jobsite Inspections

Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license alleging poor workmanship, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.

Jobsite Inspection Rights and Responsibilities Access to inspect: The property owner has complete control over who they allow on the property. However, if the Registrar’s investigator or the contractor cannot inspect the work, the Registrar will not move forward with a citation.

Cooperation: Arizona law enables injured parties to seek relief for damages through several paths. When dealing with a licensed contractor, the Registrar of Contractors’ administrative complaint process may serve as one of those possible paths. However, in order to use that path, the Registrar relies on the cooperation of all parties to a complaint.

Minimum workmanship: The Registrar investigates workmanship complaints for compliance with minimum workmanship and professional industry standards. The Registrar does not issue citations for work that meets these standards.

Scope: The scope of the Jobsite Inspection is limited to items listed in the complaint filed with the Registrar’s office. It is the complainant’s responsibility to point out the complaint item(s) and the Investigators role to review the item(s). If the complainant identifies additional workmanship items not listed in the original complaint, they must file an addendum to the complaint. The Registrar’s Investigator may identify additional administrative violations by the contractor (e.g. work performed out of scope of the license and failure to provide a contract that meets requirements set by Arizona law) at the time of the inspection.

The Role of the Investigator At the Jobsite Inspection, the Registrar’s investigator will: ● Only investigate the items listed on the complaint form filed with the Registrar. ● Will gather evidence to make an informed decision about the complaint items.

What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will leave the jobsite and review the evidence provided during the inspection. Generally, the investigator does not make any determination at the time of the jobsite inspection regarding whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.

Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 A Guide to Written Directives Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.

What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will determine whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.

Written Directives Access: In order to use the administrative process offered by the Registrar, a property owner must provide reasonable access to allow the contractor to fix their work as directed by the Registrar in a Written Directive. Complainants may not put any additional, unnecessary restrictions on the Respondent above and beyond the initial contract requirements agreed upon at the beginning of the project. Respondents are required to make repairs on items identified on any Written Directive, not otherwise restricted by local code or HOA limitations. Complainants must make access available to the Respondent to make the required repairs and failure to provide reasonable access may result in the Registrar dismissing the complaint.

Contractor obligations: The Written Directive will set a deadline for compliance. This is the period of time determined by the Investigator as necessary to complete the items listed in the Directive. ● The deadline for compliance assumes the contractor will promptly begin working on the items listed in the Directive. ● Do not wait. Both parties should communicate quickly to schedule the work.

Extensions: If good cause exists to extend this deadline, either party may submit a written request to the Investigator. The Registrar will review requests for extension and determine if the Directive should be extended.

Manner and method of performance: The Registrar does not provide specific instructions for how to correct poor work. A licensed contractor is expected to have the skill and professionalism to complete the work. Moreover, the complainant may not dictate the manner of repair. If the contractor fails to appropriately correct the work according to the contract, the Registrar will issue a citation.

Compliance Inspection: After the Written Directive expires, the Registrar’s Investigator will contact the complainant to determine if the contractor performed any corrective work. ● If the contractor did corrective work, the Investigator may schedule a Compliance Inspection to determine if the poor work is corrected. ● If the contractor did not perform any corrective work, the Registrar’s Investigator will not do a Compliance Inspection and will determine whether to issue a citation based on the administrative record.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Work performed after the directive ends: After the Directive period ends, a property owner may choose to allow the contractor to continue its work. The Registrar encourages parties to work cooperatively, but cannot require a homeowner to continue to allow a contractor access to the property after the Directive period ends in order for the administrative process to continue. Denying access after the Directive ends is not grounds to close or dismiss a complaint.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 November 8, 2023 2023-10566 JSI Photos

27903 N 96th Place Scottsdale, AZ 85262

P 1 P 2 P 3 P 4 P 5 P 6 P 7 P 8 P 9 P 10 P 11 P 12 P 13 P 14 P 15 P 16 P 17 P 18 P 19 P 20 P 21 P 22 P 23 P 24 P 25 P 26 P 27 P 28 P 29 P 30 P 31 P 32 P 33 P 34 P 35 P 36 P 37 P 38 P 39 P 40 P 41 P 42 P 43 P 44 P 45 P 46 P 47 P 48 Katie Hobbs, Governor Martín Quezada, Director

Jobsite Inspection Notes

Case No.: 2023-10566 Investigator: David Fagerburg #210 Inspection Date: November 8, 2023 Inspection Time: 1:30 PM

Complainant: Ric Schneider, Respondent: Build Inc. Richard Homeowner, Mark Tate, Architect, Fairbourn Owner & QP, Mark Allen, Justine Chandler, Architect Director Project Manager, Stuart Henderson, Not Present: Superintendent, Stefanos Vasileiadis, Superintendent Not Present:

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

Investigator Notes: 1: After this jobsite investigation the complainant sent an email and provided the move in date as being March 10, 2023 and the closing date/final payment was made February 17, 2023. 2: During this jobsite investigation the complainant stated that the home has only been lived in for approximately 7 days since the move in date of March 10, 2023 and the complainant currently resides out of state. 3: Complaint item 24 has been separated into 2 individual complaint items and will be addressed as Complaint Items 24a and 24b for clarity. 4: Complaint item 27 has been separated into 2 individual complaint items and will be addressed as Complaint Items 27a and 27b for clarity. 5: During this jobsite investigation the respondent allowed addendum complaint item 1 to be addressed. 6: I am able to verify the Certificate of Occupancy was issued April 1, 2022 by the local building authority.

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

Compliant Item 1: Shut off valve not installed for kitchen pot filler; Investigator’s Observation: Verified. At this jobsite investigation in the kitchen of the home I observed and am able to verify there is no stop valve installed at the kitchen pot filler. See P (3). During this jobsite investigation both parties agree the stop valve was to be located in the cabinet behind the kitchen wall. After this jobsite investigation the complainant’s architect provided a copy of the stamped and approved plans. On page 4.1 under plumbing specifications general notes 2..7 I am able to verify there is a specification to provide fixture stops or valves ahead of all equipment or fixtures. The respondent shall complete the shut off valve installation for the kitchen pot filler per the stamped and approved plans on page 4.1 under plumbing specifications general notes 2..7 by appropriate means. Governing Rule: ARS §32-1154 (A) (2) (A) Departure from or disregard of plans or specifications, ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 2: Electrical outlet at BBQ not working; Investigator’s Observation: Not Verified. At this jobsite investigation both parties agree this complaint item has been corrected. Governing Rule: No Action

Compliant Item 3: Under cabinet bar lights flicker; Investigator’s Observation: Not Verified. At this jobsite investigation the complainant acknowledged that the lights don’t flicker on a regular basis and only after multiple light circuits are on for an extended period of time is when the lights flicker. During this jobsite investigation I did not observe the under cabinets lights flicker. There is insufficient evidence to substantiate this complaint item. Governing Rule: No Action

Compliant Item 4: Entery step lights flicker; Investigator’s Observation: Not Verified. At this jobsite investigation I did not observe the entry step lights flicker. There is insufficient evidence to substantiate this complaint item. Governing Rule: No Action

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

Compliant Item 5: Multiple window/glass door panes have scratches; Investigator’s Observation: Verified. At this jobsite investigation I informed both parties that per the ROC Workmanship Standards glass and mirror defects should be reported to the contractor at the time of the walk-thru. If no walk-thru has been held, these defects should be reported within 10 days of occupancy or replacement installation. Scratches on glass must be observable in daylight at a distance of 15’. During this jobsite investigation the complainant stated that these scratches were reported prior to the move in date of March 10, 2023. At the north patio the complainant showed me scratches on the east fixed panel that is observable within 15’. At the west facing balcony door the complainant showed me scratches on the glass door pane visible from the driveway. See P (6) and P (7). Inside the home the complainant showed me an east facing glass panel near the ceiling. Standing at 15’ I am unable to observe any scratches. The respondent shall correct the scratches on the glass at the exterior patio north east side fixed panel and the scratches on the northwest facing balcony glass door by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 6: Silicone joint coming off door in master ; Investigator’s Observation: Verified. At this jobsite investigation I observed and am able to verify there is a tear at the primary bedroom glass door seal. See P (8) and P (9). The respondent shall correct the damaged door glass seal at the primary bedroom by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 7: Hinges crooked on master shower; Investigator’s Observation: Verified. At this jobsite investigation I observed and am able to verify the hinges at the primary shower door are not uniform with 1 hinge is higher than the other. See P (10). The respondent shall correct the hinges at the primary shower door that is crooked and not uniform by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 8: Metal surround on great room fireplace not painted; Investigator’s Observation: Not Verified. At this jobsite investigation both parties agree this complaint item has been corrected. Governing Rule: No Action

Compliant Item 9: Concrete health in GR neds to be repaired; Investigator’s Observation: Not Verified. At this jobsite investigation both parties agree this complaint item has been corrected. Governing Rule: No Action

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

Compliant Item 10: 2nd fir fireplace hood not fully installed or painted; Investigator’s Observation: Verified. At this jobsite investigation at the 2nd floor fireplace hood the complainant agreed the interior frame has been painted by the respondent. During this jobsite investigation the respondent acknowledged there are screws missing at the 2nd floor fireplace hood. See P (11). The respondent shall complete the 2nd floor fireplace hood installation by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 11: Patio fire pit burner exposed; Investigator’s Observation: Not Verified. At this jobsite investigation both parties agree this complaint item has been corrected. Governing Rule: No Action

Compliant Item 12: Cracked wall tile at 2nd fir fireplace; Investigator’s Observation: Verified. At this jobsite investigation I observed and am able to verify there is a cracked wall tile at the 2nd floor fireplace. See P (12). The respondent shall correct the cracked wall tile at the 2nd floor fireplace by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 13: Pool equiment cover stucco to wall; Investigator’s Observation: Verified. At this jobsite investigation I observed and am able to verify the pool equipment cover appears to have stuck to the stucco prior to allowing adequate time for the stucco to cure. See P (19) and P (20). The respondent shall correct the stucco damage at the pool equipment wall and remove the stucco adhered to the pool equipment cover by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 14: Stucco gaps at exercise room step; Investigator’s Observation: Verified. At this jobsite investigation I observed and am able to verify there is a gap between the stucco at the exercise room door frame bottom threshold. See P (13) and P (14). The respondent shall correct the stucco gaps at exercise room step by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 15: Stains/scuffs on stucco; Investigator’s Observation: Verified. At this jobsite investigation I observed and am able to verify there are stains on the stucco wall at the entry walkway. See P (15). The respondent shall correct the stains on the stucco at the entry walkway by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

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

Compliant Item 16: Excess stucco and cracking along reveals; Investigator’s Observation: Verified. At this jobsite investigation I observed and am able to verify there are cracks along the reveals at the east facing overhang above the kitchen area. See P (16) thru P (18). I did not observe any excess stucco. The respondent shall correct the cracks along the reveals at the east facing overhang by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 17: Exposed mesh along glass line; Investigator’s Observation: Verified. At this jobsite investigation I observed and am able to verify there is exposed mesh along the glass line near the front entrance exterior overhang. See P (21). The respondent shall correct the exposed mesh along the glass line near the front entrance overhang by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 18: Multiple cracks at master parapet; Investigator’s Observation: Not Verified. At this jobsite investigation both parties agree this complaint item has been corrected. Governing Rule: No Action

Compliant Item 19: 18" crack at 2nd fir east wall; Investigator’s Observation: Not Verified. At this jobsite investigation I informed both parties that per the ROC Workmanship Standards hairline cracks, if excessive, or cracks that exceed 1/16" are unacceptable. During this jobsite investigation the complainant show me stucco cracks along the east facing exterior wall that do not exceed 1/16” and there is no excessive hairline cracks. See P (22) and P (23). Governing Rule: No Action

Compliant Item 20: Texture finishes at crickets differ; Investigator’s Observation: Not Verified. At this jobsite investigation the complainant was unable to provide any evidence pertaining to this complaint item. Governing Rule: No Action

Compliant Item 21: Stucco patch at master closet; Investigator’s Observation: Not Verified. At this jobsite investigation both parties agree this complaint item has been corrected. Governing Rule: No Action

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

Compliant Item 22: Entry below metal wall is not a color match; Investigator’s Observation: Not Verified. At this jobsite investigation I observed the concrete stem wall color below the metal wall that is not uniform. During this jobsite investigation the complainant did not provide any notation on the stamped and approved plans showing this area is to ne the same color. There is insufficient evidence that the stem wall at the entry below the metal wall is to be a color match Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 23: Cabinet maker did use correct stain color so owner needs specification used; Investigator’s Observation: Not Verified. At this jobsite investigation informed both parties that the ROC cannot direct a contractor to provide construction documents. During this jobsite investigation the respondent agreed to provide the stain color used on the cabinets. Governing Rule: No Action

Compliant Item 24a: Slats at dining buffet have inconsistent height; Investigator’s Observation: Not Verified. At this jobsite investigation I observed a floor to ceiling dining buffet end panel with stained wood slats and seams that vary in height. See P (24) and P (25). During this jobsite investigation the respondent acknowledged that the wood slats only come in 1 length and seams are inevitable. The complainant feels that the seams should be more staggered and most of them are at or near eye level. Due to the material being available in short lengths it is this investigators opinion that staggering the wood slat joints further apart would create more joints and be aesthetically unappealing. Governing Rule: No Action

Compliant Item 24b: Slats at dining buffet have inconsistent color; Investigator’s Observation: Not Verified. At this jobsite investigation I observed a floor to ceiling dining buffet end panel with stained wood slats that vary in color. See P (24) and P (25). Per the ROC Workmanship Standards, Cabinets And Vanities it should be noted that it is not unusual for the color of installed cabinets to be slightly different from the samples shown at the time of selection. Color can differ with wood grain variations and stain lots. Excessive variation is not acceptable. It is this investigators opinion that the color variation of the wood slats at the dining buffet cabinet is not excessive. Governing Rule: No Action

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

Compliant Item 25: Exposed nail/screw holes thoughout house; Investigator’s Observation: Verified. At this jobsite investigation the complainant showed me an exposed screw head at the dining buffet cabinet. See P (26). At the garage man door the complaint showed me an exposed nail head and nail holes that are not filled. See P 27). The respondent shall correct the exposed screw head at the dining buffet end panel, the exposed nail head and unfilled nail holes at the garage man door hinge by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 26: Finish/grain inconsistent at freezer toe kick ; Investigator’s Observation: Not Verified. At this jobsite investigation both parties agree this complaint item has been corrected. Governing Rule: No Action

Compliant Item 27a: Stainless steel handrail not finished or damaged; Investigator’s Observation: Verified. At this jobsite investigation I observed a stainless steel handrail installed along the stairs between the garage and the mail level of the home. The respondent acknowledged that an attempt to complete the installation and repair any damage was previously made prior to this jobsite investigation. Upon observation I am able to verify there is what appears to be welding arc marks on the bottom corner of the handrail at the end. See P (32). The respondent shall correct the unfinished repair and arc marks on the stainless steel handrail by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 27b: Stainless steel stair edging not finished or damaged; Investigator’s Observation: Not Verified. At this jobsite investigation I observed stainless steel stair edging between the garage and the main level of the home with scars on the front edge of some of the steps. See P (28) thru P (30). I am unable to verify who may have caused the damage or when the damage may have occurred as the home appears to be fully furnished and C of O was issued April 1 2022. There is insufficient evidence to substantiate that the respondent caused the damage to the stainless steel stair edging. Governing Rule: No Action

Compliant Item 28: Range hood has scratches; Investigator’s Observation: Verified. At this jobsite investigation the complainant acknowledged that an attempt was made by the respondent to correct the vertical scratches on the range hood and now there are horizontal scratches. During this jobsite investigation I observed and am able to verify there are horizontal scratches on the upper portion of the range hood. See P (33). The respondent shall correct the range hood with scratches by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

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

Compliant Item 29: Steam shower motor makes noise while not running; Investigator’s Observation: Verified. At this jobsite investigation the complainant had me listen to a recording on a cell phone of a faint noise that allegedly is coming from the steam shower unit. During this jobsite investigation in the primary bedroom closet I was able to detect the same faint noise previously heard on the recording. The respondent was unable to hear the noise and stated his hearing is compromised. The 2 parties discussed the possible causes and may have a solution. The respondent shall determine the cause of the steam shower motor that makes noise while not running and correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 30: Multiple AC issues including no air in den and master bath along with error codes; Investigator’s Observation: Not Verified. At this jobsite investigation both parties agree this complaint item has been corrected. Governing Rule: No Action

Compliant Item 31: Elevator entry on main floor not drywalled and painted; Investigator’s Observation: Not Verified. At this jobsite investigation both parties agree this complaint item has been corrected. Governing Rule: No Action

Compliant Item 32: Drywall cracks and alignment at lower entry, bath and above kitchen; Investigator’s Observation: Verified. At this jobsite investigation the complainant acknowledged that the crack at the lower entry has been corrected. During this jobsite investigation I observed a crack at the kitchen ceiling and what appears to be a hole in the drywall at the kitchen air supply vent. See P (34) and P (35). At the primary bathroom ceiling above the shower I observed what appears to be a crack is actually a mud line that was not blended. See P (36). The respondent shall correct the crack at the kitchen ceiling, the hole at the kitchen ceiling air supply vent and the mud line that is not blended at the primary bathroom ceiling above the shower by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 33: Garage/house entry door not flush; Investigator’s Observation: Verified. At this jobsite investigation the 2 parties made an attempt to determine why the garage man door is not flush when closed. The complainant’s architect stated that a 6’ level determined the door is not warped. While pushing on the door, the door flexes towards being fully closed and it appears the door installation is not true within the frame in 1 of the 3 axis. The respondent shall determine cause correct the garage/house entry door that does not close flush by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

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

Compliant Item 34: Pocket doors for den are not aligned at bottom; Investigator’s Observation: Verified. At this jobsite investigation I observed a double pocket door installed in the hallway leading to the den on the main level of the home. When both doors are closed the 2 doors are offset and do not line up. See P (37). It appears that one of the doors attached to the roller bracket above is installed off center. See P (38). The respondent shall correct the pocket doors for the den that does not align when closed by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 35: Interior door hinge plates missing screws or have wrong color screws; Investigator’s Observation: Not Verified. At this jobsite investigation both parties agree this complaint item has been corrected. Governing Rule: No Action

Compliant Item 36: Joints and cable connects between metal rail caps rusting; Investigator’s Observation: Not Verified. At this jobsite investigation the complainant showed me where there is rust developing where the stainless steel cable attaches to the posts. See P (39). It appears the rust may be coming from the interior of the painted metal posts. There is insufficient evidence to substantiate that the joints and cable connects between metal rail caps rusting is the result of the respondent’s poor workmanship. Governing Rule: No Action

Compliant Item 37: Uneven finish/rust on metal posts and rails at east and north balconys; Investigator’s Observation: Verified. At this jobsite investigation both parties agree the uneven paint finish on the metal post and rails at the east and north balcony’s has been corrected. During this jobsite investigation I observed and am able to verify there is an uneven paint finish at 1 of the handrail post on the west facing balcony. See P (40). The respondent shall correct the uneven paint finish at the west facing balcony by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 38: Balcony cap piece at corner is damaged; Investigator’s Observation: Verified. At this jobsite investigation I observed and am able to verify there is damage on the balcony cap piece corner. See P (41). The respondent shall correct the balcony cap piece at the corner that is damaged by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

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

Compliant Item 39: West metal face of balcony scratched/damaged from falling ladder. Attempt to buff out scratches did not work; Investigator’s Observation: Verified. At this jobsite investigation I observed and am able to verify the west metal face of the balcony appears to have been scratched and the repair is noticeable from ground level See P (42). The respondent shall correct the damage to the west metal face of the balcony by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 40: Flashing at east side of metal wall at balcony not installed correctly; Investigator’s Observation: Not Verified. At this jobsite investigation both parties agree this complaint item has been corrected. Governing Rule: No Action

Compliant Item 41: 4 metal gates for pool equipment and mechancial areas need to be installed and painted; Investigator’s Observation: Not Verified. At this jobsite investigation both parties agree this complaint item has been corrected. Governing Rule: No Action

Compliant Item 42: Handle at entry gate only works from one side; Investigator’s Observation: Not Verified. At this jobsite investigation both parties agree this complaint item has been corrected. Governing Rule: No Action

Compliant Item 43: Metal trim at garage header is separating; Investigator’s Observation: Verified. At this jobsite investigation I observed and am able to verify the metal trim at the north garage door header has a small separation at the brick line and bare wood is exposed. See P (43). The respondent shall correct the metal trim at garage header that is separating with bare wood exposed by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 44: Multiple roof leaks from damaged flashing or wicking up the wall; Investigator’s Observation: Not Verified. At this jobsite investigation neither party was able to show me multiple roof leaks from damaged flashing or other wicking up the wall. There is insufficient evidence to substantiate this complaint item. Governing Rule: No Action

Compliant Item 45: Pool heater gasline not hooked up; Investigator’s Observation: Not Verified. At this jobsite investigation both parties agree this complaint item has been corrected. Governing Rule: No Action

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

Compliant Item 46: Not enough gas volume for GR fireplace and fire pit to operate at same time; Investigator’s Observation: Not Verified. At this jobsite investigation both parties agree this complaint item has been corrected. Governing Rule: No Action

Compliant Item 47: Conduit not run for north section of solar panels; Investigator’s Observation: Not Verified. At this jobsite investigation on the flat roof of the home the complainant acknowledged that the stamped and approved plans do not show where the conduit should be installed for the north section of the solar panels. There is insufficient evidence to substantiate this complaint item. Governing Rule: No Action

Compliant Item 48: Gaps and cracks at doors Investigator’s Observation: Verified. At this jobsite investigation the complainant showed me where there is a gap at the sliding glass door bottom trim where it meets the adjacent panel. See P (47). The respondent shall correct the gap at the joint where the sliding glass door bottom trim meets the adjacent panel by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Addendum Complaint Item 1: Paint at master bathroom wall is the wrong sheen. Investigator’s Observation: Verified. At this jobsite investigation the respondent acknowledged that the paint on the wall at the primary bathroom is the wrong sheen and agreed to correct using the proper paint color and sheen. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

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

Complainant: Ric Schneider 20800 Lincolnshire Court Brookfield, WI 53045

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: Build Inc. 5042 N 8th St Phoenix, AZ 85014

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 20, 2023 License No. ROC 210681

Re:Complaint No. 2023-10566

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on Thursday December 14, 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.

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 DIRECTIVE REQUIREMENTS You are directed to remedy the following violations by the appropriate means:

Compliant Item 1: Shut off valve not installed for kitchen pot filler; Investigator’s Observation: Verified. The respondent shall complete the shut off valve installation for the kitchen pot filler per the stamped and approved plans on page 4.1 under plumbing specifications general notes 2..7 by appropriate means. Governing Rule: ARS §32-1154 (A) (2) (A) Departure from or disregard of plans or specifications, ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 5: Multiple window/glass door panes have scratches; Investigator’s Observation: Verified. The respondent shall correct the scratches on the glass at the exterior patio north east side fixed panel and the scratches on the northwest facing balcony glass door by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 6: Silicone joint coming off door in master ; Investigator’s Observation: Verified. The respondent shall correct the damaged door glass seal at the primary bedroom by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 7: Hinges crooked on master shower; Investigator’s Observation: Verified. The respondent shall correct the hinges at the primary shower door that is crooked and not uniform by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 10: 2nd fir fireplace hood not fully installed or painted; Investigator’s Observation: Verified. The respondent shall complete the 2nd floor fireplace hood installation by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 12: Cracked wall tile at 2nd fir fireplace; Investigator’s Observation: Verified. The respondent shall correct the cracked wall tile at the 2nd floor fireplace by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Compliant Item 13: Pool equiment cover stucco to wall; Investigator’s Observation: Verified. The respondent shall correct the stucco damage at the pool equipment wall and remove the stucco adhered to the pool equipment cover by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 14: Stucco gaps at exercise room step; Investigator’s Observation: Verified. The respondent shall correct the stucco gaps at exercise room step by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 15: Stains/scuffs on stucco; Investigator’s Observation: Verified. The respondent shall correct the stains on the stucco at the entry walkway by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 16: Excess stucco and cracking along reveals; Investigator’s Observation: Verified. The respondent shall correct the cracks along the reveals at the east facing overhang by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 17: Exposed mesh along glass line; Investigator’s Observation: Verified. The respondent shall correct the exposed mesh along the glass line near the front entrance overhang by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 25: Exposed nail/screw holes thoughout house; Investigator’s Observation: Verified. The respondent shall correct the exposed screw head at the dining buffet end panel, the exposed nail head and unfilled nail holes at the garage man door hinge by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 27a: Stainless steel handrail not finished or damaged; Investigator’s Observation: Verified. The respondent shall correct the unfinished repair and arc marks on the stainless steel handrail by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Compliant Item 28: Range hood has scratches; Investigator’s Observation: Verified. The respondent shall correct the range hood with scratches by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 29: Steam shower motor makes noise while not running; Investigator’s Observation: Verified. The respondent shall determine the cause of the steam shower motor that makes noise while not running and correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 32: Drywall cracks and alignment at lower entry, bath and above kitchen; Investigator’s Observation: Verified. The respondent shall correct the crack at the kitchen ceiling, the hole at the kitchen ceiling air supply vent and the mud line that is not blended at the primary bathroom ceiling above the shower by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 33: Garage/house entry door not flush; Investigator’s Observation: Verified. The respondent shall determine cause correct the garage/house entry door that does not close flush by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 34: Pocket doors for den are not aligned at bottom; Investigator’s Observation: Verified. The respondent shall correct the pocket doors for the den that does not align when closed by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 37: Uneven finish/rust on metal posts and rails at east and north balconys; Investigator’s Observation: Verified. The respondent shall correct the uneven paint finish at the west facing balcony by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Compliant Item 38: Balcony cap piece at corner is damaged; Investigator’s Observation: Verified. The respondent shall correct the balcony cap piece at the corner that is damaged by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 39: West metal face of balcony scratched/damaged from falling ladder. Attempt to buff out scratches did not work; Investigator’s Observation: Verified. The respondent shall correct the damage to the west metal face of the balcony by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 43: Metal trim at garage header is separating; Investigator’s Observation: Verified. The respondent shall correct the metal trim at garage header that is separating with bare wood exposed by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 48: Gaps and cracks at doors Investigator’s Observation: Verified. The respondent shall correct the gap at the joint where the sliding glass door bottom trim meets the adjacent panel by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Addendum Complaint Item 1: Paint at master bathroom wall is the wrong sheen. Investigator’s Observation: Verified. The respondent acknowledged that the paint on the wall at the primary bathroom is the wrong sheen and agreed to correct using the proper paint color and sheen. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

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

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Compliant Item 3: Under cabinet bar lights flicker; Investigator’s Observation: Not Verified. There is insufficient evidence to substantiate this complaint item. Governing Rule: No Action

Compliant Item 4: Entery step lights flicker; Investigator’s Observation: Not Verified. There is insufficient evidence to substantiate this complaint item. Governing Rule: No Action

Compliant Item 19: 18" crack at 2nd fir east wall; Investigator’s Observation: Not Verified. The complainant show me stucco cracks along the east facing exterior wall that do not exceed 1/16” and there is no excessive hairline cracks. Governing Rule: No Action

Compliant Item 20: Texture finishes at crickets differ; Investigator’s Observation: Not Verified. The complainant was unable to provide any evidence pertaining to this complaint item. Governing Rule: No Action

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Compliant Item 21: Stucco patch at master closet; Investigator’s Observation: Not Verified. At this jobsite investigation both parties agree this complaint item has been corrected. Governing Rule: No Action

Compliant Item 22: Entry below metal wall is not a color match; Investigator’s Observation: Not Verified. There is insufficient evidence that the stem wall at the entry below the metal wall is to be a color match Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 23: Cabinet maker did use correct stain color so owner needs specification used; Investigator’s Observation: Not Verified. The respondent agreed to provide the stain color used on the cabinets. Governing Rule: No Action

Compliant Item 24a: Slats at dining buffet have inconsistent height; Investigator’s Observation: Not Verified. Due to the material being available in short lengths it is this investigators opinion that staggering the wood slat joints further apart would create more joints and be aesthetically unappealing. Governing Rule: No Action

Compliant Item 24b: Slats at dining buffet have inconsistent color; Investigator’s Observation: Not Verified. Color can differ with wood grain variations and stain lots. Excessive variation is not acceptable. It is this investigators opinion that the color variation of the wood slats at the dining buffet cabinet is not excessive. Governing Rule: No Action

Compliant Item 27b: Stainless steel stair edging not finished or damaged; Investigator’s Observation: Not Verified. I am unable to verify who may have caused the damage or when the damage may have occurred as the home appears to be fully furnished and C of O was issued April 1 2022. There is insufficient evidence to substantiate that the respondent caused the damage to the stainless steel stair edging. Governing Rule: No Action

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Compliant Item 30: Multiple AC issues including no air in den and master bath along with error codes; Investigator’s Observation: Not Verified. At this jobsite investigation both parties agree this complaint item has been corrected. Governing Rule: No Action

Compliant Item 36: Joints and cable connects between metal rail caps rusting; Investigator’s Observation: Not Verified. There is insufficient evidence to substantiate that the joints and cable connects between metal rail caps rusting is the result of the respondent’s poor workmanship. Governing Rule: No Action

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Compliant Item 44: Multiple roof leaks from damaged flashing or wicking up the wall; Investigator’s Observation: Not Verified. There is insufficient evidence to substantiate this complaint item. Governing Rule: No Action

Compliant Item 47: Conduit not run for north section of solar panels; Investigator’s Observation: Not Verified. There is insufficient evidence to substantiate this complaint item. Governing Rule: No Action

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

Sincerely,

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

CC: Respondent Complainant

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complainant: Ric Schneider 20800 Lincolnshire Court Brookfield, WI 53045

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: Build Inc. 5042 N 8th St Phoenix, AZ 85014

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 22, 2023

License No. ROC 210681

Re:Complaint No. 2023-10566

ADDENDUM WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

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

After further review of Complaint Item 44 not requiring correction, it has been determined that the primary bedroom door is water damaged and delaminating due to previous roof leaks. The respondent shall correct the damage to the primary bedroom door by appropriate means. All other items listed on the Original Written Directive issued on November 20, 2023 remain standing.

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

Sincerely,

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

CC: Respondent Complainant

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

Amended Jobsite Inspection Notes

Case No.: 2023-10566 Investigator: David Fagerburg #210 Inspection Date: November 8, 2023 Inspection Time: 1:30 PM

Compliant Item 44: Multiple roof leaks from damaged flashing or wicking up the wall; Investigator’s Observation: After this jobsite investigation on November 21, 2023 the complainant sent an email regarding this complaint item and brought it to my attention that this complaint item refers to the primary bedroom door that has water damage and is delaminating from a previous roof leak. See P (44) and P (45). During the initial jobsite investigation both parties agreed that the roof leak and water damage to the drywall had been previously corrected by the respondent. The respondent shall correct the primary bedroom door with water damage and is delaminating by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

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

Complainant: Ric Schneider 20800 Lincolnshire Court Brookfield, WI 53045

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

C012 12/23 Respondent: Build Inc. 5042 N 8th St Phoenix, AZ 85014

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

C012 12/23 March 4, 2024

Compliance Jobsite Inspection Notice Re: Complaint No. 2023-10566

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for Friday March 8, 2024 at 1:30 PM to determine the current status of the items listed on the issued Directive.

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

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

Sincerely,

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

CC: Respondent Complainant

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

C012 12/23 March 8, 2024 2023-10566 CJSI Photos

27903 N 96th Place, Scottsdale, AZ 85262

P 1 P 2 P 3 P 4 P 5 P 6 P 7 P 8 P 9 P 10 P 11 P 12 P 13 P 14 P 15 Complainant: Ric Schneider 20800 Lincolnshire Court Brookfield, WI 53045

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: Build Inc. 5042 N 8th St Phoenix, AZ 85014

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 March 12, 2024

License No. ROC 210681

Re:Complaint No. 2023-10566

ADDENDUM #2 WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

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

During a compliance jobsite inspection on March 8, 2024 the complainant pointed out 4 additional window panels with scratches that can be observed beyond 15 ft. and the west facing upstairs balcony door that leaks at both corners of the threshold. The respondent shall correct these 2 addendum complaint items by appropriate means. All other items listed on the original Written Directive issued November 20, 2023 remain standing.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Sincerely,

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

CC: Respondent Complainant

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complainant: Ric Schneider 20800 Lincolnshire Court Brookfield, WI 53045

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

C012 12/23 Respondent: Build Inc. 5042 N 8th St Phoenix, AZ 85014

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

C012 12/23 May 3, 2024

Compliance Jobsite Inspection Notice Re: Complaint No. 2023-10566

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for Friday May 17, 2024 at 1:30 PM to determine the current status of the items listed on the issued Directive.

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

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

Sincerely,

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

CC: Respondent Complainant

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

C012 12/23 David Fagerburg #210

May 17, 2024 2023-10566 CJSI #2 Photos

27903 N 96th Place Scottsdale, AZ 85262

P 1 P 2 P 3 P 4 P 5 P 6 P 7 P 8 P 9 P 10 P 11 P 12 P 13 P 14 P15 P 16 P 17 Complainant: Ric Schneider 20800 Lincolnshire Court Brookfield, WI 53045

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Respondent: Build Inc. 5042 N 8th St Phoenix, AZ 85014

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Case No.: 2023-10566 Investigator: David Fagerburg Inspection Date: March 8, 2024 Inspection Time: 1:30 PM

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

Investigator Note: 1: During this compliance jobsite inspection the complainant provided 2 addendum items to the complaint. Scratches on 4 window panels above the west facing windows above the exterior soffit and water leaking at the west facing balcony exterior door threshold. 2: An addendum written directive will be issued.

Compliance Findings:

Compliant Item 1: Shut off valve not installed for kitchen pot filler; Investigator’s Observation: The complainant agrees this item has been corrected. Governing Rule: The respondent is in compliance with the directive.

Compliant Item 5: Multiple window/glass door panes have scratches; Investigator’s Observation: The complainant showed me 4 additional west facing windows with scratches above the exterior soffit that can be observed beyond 15 ft. Photos were not taken as the scratches are not be visible in a photo. This is considered an addendum to the complaint and an addendum written directive will be issued. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 7: Hinges crooked on master shower; Investigator’s Observation: The complainant agrees this item has been corrected. Governing Rule: The respondent is in compliance with the directive.

Compliant Item 10: 2nd fir fireplace hood not fully installed or painted; Investigator’s Observation: The complainant agrees this item has been corrected. Governing Rule: The respondent is in compliance with the directive.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Compliant Item 12: Cracked wall tile at 2nd fir fireplace; Investigator’s Observation: The complainant agrees this item has been corrected. Governing Rule: The respondent is in compliance with the directive.

Compliant Item 13: Pool equiment cover stucco to wall; Investigator’s Observation: The complainant agrees this item has been corrected. Governing Rule: The respondent is in compliance with the directive.

Compliant Item 14: Stucco gaps at exercise room step; Investigator’s Observation: The complainant agrees this item has been corrected. Governing Rule: The respondent is in compliance with the directive.

Compliant Item 15: Stains/scuffs on stucco; Investigator’s Observation: The complainant agrees this item has been corrected. Governing Rule: The respondent is in compliance with the directive.

Compliant Item 16: Excess stucco and cracking along reveals; Investigator’s Observation: The respondent was unaware of an additional area under the east facing exterior soffit that requires repair. Both parties request additional time to resolve any remaining issues. See P (3) and P (4). Governing Rule: The respondent is not in compliance with the directive at this time.

Compliant Item 17: Exposed mesh along glass line; Investigator’s Observation: The complainant agrees this item has been corrected. Governing Rule: The respondent is in compliance with the directive.

Compliant Item 25: Exposed nail/screw holes thoughout house; Investigator’s Observation: The complainant agrees this item has been corrected. Governing Rule: The respondent is in compliance with the directive.

Compliant Item 27a: Stainless steel handrail not finished or damaged; Investigator’s Observation: The complainant agrees this item has been corrected. Governing Rule: The respondent is in compliance with the directive.

Compliant Item 28: Range hood has scratches; Investigator’s Observation: The complainant pointed out that not only the front panel of the kitchen exhaust hood still has scratches but the east side panel is also scratched. The respondent was unaware of the additional scratches on the east facing kitchen exhaust hood panel. Both parties request additional time to resolve any remaining issues. See P (5) thru P (7). Governing Rule: The respondent is not in compliance with the directive at this time.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Compliant Item 29: Steam shower motor makes noise while not running; Investigator’s Observation: Both parties acknowledged the steam shower continues to make noise while not running, agreed to work together to try and resolve the issue and request additional time to research and diagnose what the problem may be including the possibility of a manufacturer warranty related issue. It is noted that the ROC does not get involved in manufacturer related issues. See P (8) thru P (10). Governing Rule: The respondent is not in compliance with the directive at this time.

Compliant Item 32: Drywall cracks and alignment at lower entry, bath and above kitchen; Investigator’s Observation: The complainant agreed that the mud line that is not blended at the primary bathroom would require the entire ceiling beyond the bathroom into the bedroom be painted and agreed to accept the mud line as is. The crack at the kitchen ceiling outside corner and the hole near the air supply vent have been corrected. The respondent was unaware of the crack above the kitchen cabinets at the inside northeast corner needed to be corrected. Both parties request additional time to resolve any remaining issues. Governing Rule: The respondent is not in compliance with the directive at this time.

Compliant Item 33: Garage/house entry door not flush; Investigator’s Observation: The respondent explained how the door was adjusted by resetting the hinges. Both parties agree the door alignment has improved but the door still does not close evenly and securely from top to bottom. Both parties request additional time to resolve any remaining issues. See P (11). Governing Rule: The respondent is not in compliance with the directive at this time.

Compliant Item 34: Pocket doors for den are not aligned at bottom; Investigator’s Observation: The complainant agrees this item has been corrected. Governing Rule: The respondent is in compliance with the directive.

Compliant Item 37: Uneven finish/rust on metal posts and rails at east and north balconys; Investigator’s Observation: The complainant agrees this item has been corrected. Governing Rule: The respondent is in compliance with the directive.

Compliant Item 38: Balcony cap piece at corner is damaged; Investigator’s Observation: The complainant agrees this item has been corrected. Governing Rule: The respondent is in compliance with the directive.

Compliant Item 39: West metal face of balcony scratched/damaged from falling ladder. Attempt to buff out scratches did not work; Investigator’s Observation: The complainant agrees this item has been corrected. Governing Rule: The respondent is in compliance with the directive.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Compliant Item 43: Metal trim at garage header is separating; Investigator’s Observation: The complainant agrees this item has been corrected. Governing Rule: The respondent is in compliance with the directive.

Compliant Item 48: Gaps and cracks at doors Investigator’s Observation: The complainant explained that after the glass was replaced the exterior balcony door now has leaks at both corners of the threshold. Both parties request additional time to resolve any remaining issues. This is considered an addendum to the complaint and an addendum written directive will be issued. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 44: Multiple roof leaks from damaged flashing or wicking up the wall; Investigator’s Observation: The complainant is not satisfied with the repair to the bottom of the door that was delaminating after continued roof leaks. There is a noticeable difference in the finished look of the door in comparison with the opposite side. Both parties request additional time to resolve any remaining issues. See P (12) thru P (15). Governing Rule: The respondent is not in compliance with the directive at this time.

Addendum Compliant Item 1: Paint at master bathroom wall is the wrong sheen. Investigator’s Observation: The complainant agrees this item has been corrected. Governing Rule: The respondent is in compliance with the directive.

Note:

Please review the complaint items listed above. If any of the items have not been corrected at the time of the compliance inspection this complaint will be forwarded to the Registrar’s legal department and a citation may be issued.

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

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 CC: Respondent Complainant

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Complainant: Ric Schneider 20800 Lincolnshire Court Brookfield, WI 53045

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Respondent: Build Inc. 5042 N 8th St Phoenix, AZ 85014

Investigator Notes: 1: During a compliance jobsite inspection on March 8, 2024 at 1:30 pm the complainant pointed out additional window panels with scratches that can be observed beyond 15 ft. and the west facing upstairs balcony door that leaks at both corners of the threshold. An Addendum #2 Written Directive was issued March 12, 2024 with an expiration date of April 5, 2024. 2: At the request of the complainant an extension to Addendum #2 Written Directive was provided to allow more time to resolve any remaining issues with a new expiration date of April 26, 2024.

Compliance Findings:

Compliant Item 5: Multiple window/glass door panes have scratches; Investigator’s Observation: At this compliance jobsite inspection I observed west facing windows in the main living area with swirl marks above the exterior soffit that can be identified standing at a normal position beyond 15 ft. The scratches in the photos taken are not visible. See P (3) thru P (5). During this compliance jobsite inspection the complainant showed me 2 other areas where the exterior window glass is scratched and is visible from beyond 15 ft. but were not previously observed or addressed. See P (16) and P (17). After this compliance jobsite inspection on May 17, 2024 the complainant sent numerous photos showing scratches and swirl marks on the glass at the main living area west facing upper windows from the polishing tool used in an attempt to comply with the directive. On May 23, 2024 the complainant provided a copy of an email between the 2 parties dated January 1, 2023 regarding numerous items that needed to be addressed. Item 13 relates to scratches on exterior window glass showing this was reported to the respondent. On May 23, 2024 the respondent provided a copy of a punch list dated February 6 2023 noting windows that have scuffs, dings and scratches with a side note to buff and clean. Governing Rule: The respondent is not in compliance with the directive.

Compliant Item 6: Silicone joint coming off door in master ; Investigator’s Observation: The complainant agrees this item has been corrected. Governing Rule: The respondent is in compliance with the directive. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Compliant Item 7: Hinges crooked on master shower; Investigator’s Observation: The complainant agrees this item has been corrected. Governing Rule: The respondent is in compliance with the directive.

Compliant Item 12: Cracked wall tile at 2nd fir fireplace; Investigator’s Observation: The complainant agrees this item has been corrected. Governing Rule: The respondent is in compliance with the directive.

Compliant Item 15: Stains/scuffs on stucco; Investigator’s Observation: The complainant agrees this item has been corrected. Governing Rule: The respondent is in compliance with the directive.

Compliant Item 16: Excess stucco and cracking along reveals; Investigator’s Observation: At the main living area I observed an indentation at the exterior drywall soffit overhang that can be identified from the interior. The finish is not uniform. See P (6). Governing Rule: The respondent is not in compliance with the directive.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Compliant Item 28: Range hood has scratches; Investigator’s Observation: At this compliance jobsite inspection the complainant used an LED flashlight to emphasis that the vertical scratches on the range hood front and side are still visible. Without the flashlight the exhaust hood vertical scratches on both sides are not visible standing at a normal position in natural light. See P (7) and P (8). Governing Rule: The respondent is in compliance with the directive.

Compliant Item 29: Steam shower motor makes noise while not running; Investigator’s Observation: At this compliance jobsite inspection both parties acknowledged the steam shower continues to make noise while not running. On April 15, 2024 the complainant provided correspondence from the steam shower unit manufacturer Kohler Technical Support Supervisor dated April 12, 2024 with recommendations regarding the constant clicking noise coming from the steam shower unit stating the appropriate first step would be to disable the fast response feature to keep the heating relay from over-reacting. The correspondence continues stating regarding the current installation location, I have confirmed the below points that are not meeting our installation guidelines. Installation location is not climate controlled and does not provide proper clearances. Installation location is above the shower and most of the steam pathway is draining into the shower. Regarding the recommendation for re-installing the generator per our instructions We recommend a climate-controlled space with adequate ventilation to keep the generator from overheating. This space can have an external accessible panel (so long is it’s insulated) that would allow for servicing the generator. Any new plumbing for the steam flow should be pitched back toward the generator to allow as much of the piping to drain back into the generator as possible. After this compliance jobsite inspection on May 24, 2024 the respondent provided 2 pages of plumbing plans showing that the steam shower unit was not on the original plans and was installed after the project started. The respondent explained that there were no specifications on the plans as to where the steam shower unit is to be installed. It is the responsibility of the respondent to comply with the manufactures installation guidelines for location and piping slope. Governing Rule: The respondent is not in compliance with the directive.

Compliant Item 32: Drywall cracks and alignment at lower entry, bath and above kitchen; Investigator’s Observation: The complainant agrees this complaint item has been corrected. Governing Rule: The respondent is in compliance with the directive.

Compliant Item 33: Garage/house entry door not flush; Investigator’s Observation: The respondent explained how the door was adjusted by resetting the hinges. Both parties agree the door alignment has improved. The respondent stated that there is no daylight showing thru the door from the interior. I am able to verify the garage to house fire door self closes when opened at approximately 18” and then released. However, the door does not close evenly from top to bottom. When applying force to the door from the interior, the top of the door has additional movement and the bottom does not. Governing Rule: The respondent is not in compliance with the directive.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Compliant Item 34: Pocket doors for den are not aligned at bottom; Investigator’s Observation: The complainant agrees this complaint item has been corrected. Governing Rule: The respondent is in compliance with the directive.

Compliant Item 43: Metal trim at garage header is separating; Investigator’s Observation: The complainant agrees this item has been corrected. Governing Rule: The respondent is in compliance with the directive.

Compliant Item 48: Gaps and cracks at doors Investigator’s Observation: The complainant demonstrated that the door to the west facing balcony leaks water at the bottom threshold. See P (9) and P (10). Governing Rule: The respondent is not in compliance with the directive.

Compliant Item 44: Multiple roof leaks from damaged flashing or wicking up the wall; Investigator’s Observation: The complainant is not satisfied with the repair to the bottom of the door that shows evidence of some delamination after continued roof leaks. There is a slight difference in the finished look of the door in comparison with the opposite side. See P (11) thru P (13). I also observed evidence of the finish being compromised. See P (14) thru P (15) Governing Rule: The respondent is not in compliance with the directive.

Note:

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

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

CC: Respondent Complainant

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

Ric Schneider Case No. 2023-10566 COMPLAINANT, v. Build Inc CITATION License No. ROC 210681 & 229225,

RESPONDENT.

The Registrar issues this Citation to Build Inc (“Respondent”) under A.R.S. § 32-

1155(A). If Respondent fails to answer this Citation by June 21, 2024, then under A.R.S. § 32-

1155(C), Respondent’s failure to answer may be deemed an admission of the act or acts

charged in the underlying complaint, and the Registrar may then suspend or revoke

Respondent’s license(s).

THE WRITTEN COMPLAINT

On October 10, 2023, Ric Schneider (“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)(2)(a)

Departure from or disregard of: (a) Plans or specifications in any material

respect that is prejudicial to another without consent of the owner or the owner’s

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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 duly authorized representative and without the consent of the person entitled to have the particular construction project or operation completed in accordance with such plans and specifications and code. Charge 2: 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. Charge 3: 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

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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 Case No. 2023-10566. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted]

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

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

Registrar actually receives it.

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

Registrar no later than June 21, 2024.

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

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

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

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

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

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

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

license(s).

THE ADMINISTRATIVE HEARING

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

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

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

§ 41-1092.05(D).

INVESTIGATOR’S APPEARANCE AS A WITNESS

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

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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 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 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

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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 Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated June 6, 2024. By: /s/ Madelyn Hayes Madelyn Hayes Legal Assistant II Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, June 6, 2024 to:

Respondent Certified Mail No: [number redacted]

Build Inc 5042 N 8th St Phoenix, AZ 85014 Copy mailed by USPS First Class mail this same date to: Build Inc 5042 N 8th St Phoenix, AZ 85014 Complainant Ric Schneider 20800 Lincolnshire Court Brookfield, WI 53045 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. 2023-10566 / MTH of 5

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

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

Ric Schneider Mailing Address (Enter jobsite in Contract/Project section) City State Zip

20800 Lincolnshire Court Brookfield Arizona 53045 Phone Number Email

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

Street Address of Attorney City State Zip

Phone Number of Attorney Email of Attorney

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

Build Inc ROC 210681 Street Address City State Zip

5042 N 8th St Phoenix AZ 85014 Phone Number Email

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

Richard Fairbourn Contract/Project Information Contract Date Contract Amount Amount Paid

August 8, 2019 $2,197,153.00 $2,661,839.89 Date Work Started Date Work Stopped Date Work Was Completed

October 16, 2019 February 16, 2023 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

27903 N 96th Place Scottsdale AZ 85262 Name of Construction Site Owner Construction Site Name (if applicable)

Phone Number of Construction Site Owner Email of Construction Site Owner

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

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

Sub-contractors primarily under supervision of Architect The contract was Written All change orders were Written This project was Residential This project involved New Home

A building permit was obtained by Contractor 254970 Scottsdale List and briefly describe each complaint item (Please do not write "see attached" or use additional pages unless necessary to further describe issues or list more complaint items) (limited to 100 characters per line)

Shut off valve not installed for kitchen pot filler; Electrical outlet at BBQ not working; Under cabinet bar lights flicker; Entery step lights flicker; Multiple window/glass door panes have scratches; Silicone joint coming off door in master ; Hinges crooked on master shower; Metal surround on great room fireplace not painted; Concrete health in GR neds to be repaired; 2nd flr fireplace hood not fully installed or painted; Patio fire pit burner exposed; Cracked wall tile at 2nd flr fireplace; Pool equiment cover stucco to wall; Stucco gaps at exercise room step; Stains/scuffs on stucco; Excess stucco and cracking along reveals; Exposed mesh along glass line; Multiple cracks at master parapet; 18" crack at 2nd flr east wall; Texture finishes at crickets differ; Stucco patch at master closet; Entry below metal wall is not a color match; Cabinet maker did use correct stain color so owner needs specification used; Slats at dining buffet have inconsistent height and color; Exposed nail/screw holes thoughout house; Finish/grain inconsistent at freezer toe kick ; Stainless steel handrail and stair edging not finished or damaged; Range hood has scratches; Steam shower motor makes noise while not running; Multiple AC issues including no air in den and master bath along with error codes; Elevator entry on main floor not drywalled and painted; Drywall cracks and alignment at lower entry, bath and above kitchen; Garage/house entry door not flush; Pocket doors for den are not aligned at bottom; Interior door hinge plates missing screws or have wrong color screws; Joints and cable connects between metal rail caps rusting; Uneven finish/rust on metal posts and rails at east and north balconys; Balcony cap piece at corner is damaged; West metal face of balcony scratched/damaged from falling ladder. Attempt to buff out scratches did not work; Flashing at east side of metal wall at balcony not installed correctly; metal gates for pool equipment and mechancial areas need to be installed and painted; Handle at entry gate only works from one side; Metal trim at garage header is separating; Multiple roof leaks from damaged flashing or wicking up the wall; Pool heater gasline not hooked up; Not enough gas volume for GR fireplace and fire pit to operate at same time; Conduit not run for north section of solar panels; Gaps and cracks at doors

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

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

Ric Schneider \complainant1\ \complainantd1\

RCC099 12/05/18 Page 3 of 3 2023.02.06 Schneider-Barr Punch List

doors & windows: notes: overall: paint, grout, and caulking excess on frames clean off exposed holes add finished cap pieces great room: sliders: difficult to close, when close there is still a gap to outside adjust hardware weather stripping is coming out on the outside adjust weather stripping exposed track at north end on the exterior add finished cap piece track has debris and grout inside clean out tracks and rollers as needed windows: have scuffs/dings buff/clean miter corner outside not aligned adjust frame to align pieces are scratched touch up writing on frame clean entry: door handle has scuffs touch up pivot door base hardware missing cap/cover piece add finished cap piece bedroom 2: door track needs to be cleaned (excess grout) clean out tracks and rollers as needed master bedroom: door track to be cleaned (excess grout) clean out tracks and rollers as needed silicone joint coming off re-work silicone seam across master shower: hinges/plates are crooked adjust hinge hardware exercise room: tape along base of door & excess grout remove blue tape and clean up grout scratches/knicks in finish touch up finish excess caulking clean up caulking scratches in glass (and bath 4) fix garage man door: exterior header flashing needs to be black coat & finish door jambs not finished coat & finish

shade pockets: overall corner trims and seams don't quite align adjust trim pieces great room trim: can see wiring adjust trims and/or wiring

fireplace: great room: scratches on fire box touch up missing trim piece to concrete wall add finished trim pieces mantle piece doesn't butt up against concrete wall, substrate is visible and scratches adjust piece and buff/clean scratches wood panels have scuffs/scraps touch up balcony: hood pieces are loose/crooked, not screwed in adjust piece and screw in hood starting to rust patio firepit: visible support of linear burner add more medium

tile: overall: where tile meets drywall there is missing grout grout excess or missing grout on tile base pieces grout and clean off excess grout great room: scuffs/marks around floors outlets touch up office bath: excess grout & scuff on tile touch up and clean powder: tile not grouted, has spacers in place grout elevator doors: door lock, but it appears tile and/or grout is missing finish tile and grout stairs: missing grout & excess grout at stair treads (in stairs also) grout and clean off excess grout gap between tile and stair treads (in stairs also) finish/grout exercise room: scuffs/marks around floors outlets touch up upstairs bath: schluter trim piece joint isn't aligned adjust or replace lower trim to align missing grout & excess grout grout and clean off excess grout upstairs closet: clean up grout at stair/door grout and clean off excess grout balcony: basalt missing grout at metal trims grout excess or missing grout near door grout and clean off excess grout trim piece separating from travertine at roof over office bath grout and/or adjust flashing accordingly grout missing at fireplace trims grout firepit: cracked tile at corner near pool; missing grout replace tile and grout firepit: leaching tile/water stains clean BBQ wall: has excess stucco/ concrete splatter clean BBQ wall: missing grout grout bath 3 wall at window grout is coming out re-grout and clean

cip: red and black chalk lines interior and exterior throughout clean excess stucco, or concrete patches clean

stucco: exercise room step: stucco gaps touch up and finish soffits: overall there are water spots clean and touch up as req'd along reveals, both excess mud and cracking/exposure of reveal piece touch up along house/glass line there is exposed mesh finish and touch up as req'd scuffs/dirt clean and touch up as req'd balcony: texture finish at crickets differ touch up where possible entry below metal wall is light paint to match adjacent stucco wall master closet corner patch touch up and finish

lighting & electrical: overall some switches and switch plates appear to be different verify and replace as req'd plate covers aren't flush with wall, there is gapping adjust plates dining niche: missing switch and cover plate add switch and plate kitchen: underside of cabinet missing a cover plate add cover plate powder: deco light missing bulb add bulb master: detector off (due to leak) cover plate under fireplace, mis match screws replace/match outlets and cover plate not aligned adjust plates electrical plates not the same finish and warping adjust plates and replace as req'd patio ceiling heaters: trim isn't flush/gaps between adjust trim bottom entry stair light isn't on fix

counters: overall: caulking is patchy/missing or not clean along counters add caulking and clean caulk lines kitchen: scratching on counter clean and reseal as req'd

finish carpentry & cabinetry: overall: inside drawers, screws sticking out and some are splitting the wood with a rough texture adjust screws and sand wood as req'd scuffs/knicks throughout touch up underside/side of cabinets have openings missing finish pieces add finish pieces some handles aren't aligned and some rub the cabinet box when opening/closing adjust handles pull-out drawers, rough and gapped adjust missing bumpers (seemed like most the kitchen had it but a lot of other spaces didn't) add bumpers dining niche slat walls: exposed nail holes fill and touch up/finish slat height not consistent along soffit/ceiling adjust heights to he consistent kitchen: toe kick at fridge and freezer is popping out adjust toe kicks to align vertical member at freezer near toe kick, finish/grain isn't consistent touch up vertical members to the side of the fridge panel aren't aligned adjust panels to align fridge/freezer door panels aren't aligned with cabinets above adjust panels to align missing trash cans add trash cans office bath: pulls not aligned and scuffed touch up and adjust powder: missing mirror add mirror paint, caulking, scratches/scuffs on wood paneling & exposed nail holes fill and touch up/finish wood paneling behind toilet spacing differs along vertical wall adjust paneling or add paneling wood paneling around toilet finish wood paneling isn't finished above toilet flushing mechanism finish bath 2: cabinet isn't aligned with wall adjust cabinetry to align master sitting room: dirt/scuffs clean vertical trim piece joints are sharp re-work joints gap between wall and cabinetry adjust cabinetry or caulk master bath: vanity drawer rough edging sand and touch up drawer hits tub potentially cut both drawers slightly? between the vanity and shower there is a small exposed area of drywall potentially paint to match slab laundry: cabinet doors not aligned adjust to align tape on cabinet/counter clean off stairs: handrail standoff is angled adjust stand offs handrail isn't finished, corner transitions are rough and visible tack welds finish handrail light, we didn't find a switch or where to turn this on to test this please confirm this works excess grout and missing grout on stair risers grout and clean excess grout wood risers have chips touch up gapping between wood riser and metal trim adjust metal trim gap between tile and treads (also noted in tile) grout base of glass rail has visible glue and missing gasket between shoe and glass railing add gasket wood trim at header has a split at reveal touch up wood shoe/base at 2nd floor isn't aligned with the elevator wall adjust and align

appliances & plumbing fixtures: overall some fire sprinkler covers are hanging down low adjust a couple areas are missing fire sprinkler covers add covers kitchen: fridge says error, water didn't work fix range, burners weren't lighting, gas may be off please verify range hood has scratches buff/clean or replace as req'd warming drawer didn't have power verify power scratches in sink buff/clean or replace as req'd bar: dishwasher drawer didn't have power verify power office bath: faucet is scuffed buff/clean or replace as req'd laundry: missing sink caps add caps master bath: tub shim remove and adjust tub as req'd

drywall & paint: overall dirt/scuffs touch up reveals show bead line and some areas have excess mud adjust finish for seamless appearance different texturing at shade pockets adjust and touch up corner beads missing mud touch up pitcons, have excess grout and/or missing paint clean and touch up cracking at drywall seams/corners touch up

office bath: around glass shower channel touch up master bedroom: ceiling damage due to roof leak repair after leak has been addressed bath 2: excess paint on switch plate clean north garage: patches in the ceiling touch up

interior doors: overall: exposed nail holes and scoffs/knicks fill and touch up office: pocket doors aren't aligned at the base adjust doors pantry: paint or glue on door clean and touch up if req'd powder: paint/scratches clean and touch up if req'd bedroom 2: rosette crooked adjust garage/house entry door: not flush with jamb adjust elevator door: patches are not finished touch up or replace as req'd upstairs bath pocket door: missing lock catch cut and install gap between reveal and jamb adjust or finish upstairs bath swing door: sticks adjust door upstairs closet: patch on door? please confirm what this is or for? mech'l doors in garage stick adjust

metal: caulking at office column is clumpy clean and re-caulk as req'd west balcony rail: joint between rail caps starting to rust full weld and re-finish cable connections starting to rust add rubber bushing or similar uneven finish on metal post and rail grind and re-finish west balcony metal siding: cap piece at corner is scuffed touch-up or replace as req'd trim pieces are starting to separate and get pebbles inside corner pieces is rough edging grind and touch up as req'd vertical trim piece near garage door is coming off attach scratches on balcony (visible in afternoon sun) north balcony rail: cable connections starting to rust add rubber bushing or similar unfinished and scratched steel members touch up and finish fascias: overall clean off paint, stucco grout etc… clean balcony: where fascia intersects with metal wall it isn't aligned adjust metal balcony opening trim is rough grind and touch up as req'd entry: where fascia meets metal wall, corner is popped out adjust entry opening trim is rough grind and touch up as req'd gates: pool gate: starting to rust; finish spots that don't match; rough finish on gate posts touch up overall: need to be finished finish pool/ses gate: short garage: metal trim has cover on it still pull off film cover metal trim is separating from substrate secure trim

miscellaneous: roof leak at master locate and resolve roof leak stucco on concrete pads, glass and fascia overall clean up overspray clean up pvc pipes at garage planter walls clean off pipes and paint stucco walls aren't finished to grade/ rip-rap add rip-rap/grading or finish walls entry steps stucco walls not finished to pebbles add more pebbles irrigation covers: to match landscape surrounds? ideally covers to match surround pool gutter trim piece is angled adjust pool to be finished finish garage entry door base concern we are concerned with a wood base at the garage entry door it will get dirty constantly and hard to clean, we recommend an easier surface or higher gloss paint for cleaning Received 6/20/2024 ROC Legal

Andrew Q. Everroad (016477) Andrew M. Soukhome (036729) SCHMITT SCHNECK EVEN & WILLIAMS, P.C. 1221 East Osborn Road, Suite 105 Phoenix, Arizona 85014-5540 Telephone: (602) 277-7000 Facsimile: (602) 277-8663 [email redacted] [email redacted] Counsel for Respondent, Build Inc.

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Ric Schneider Case No. 2023-10566 COMPLAINANT, WRITTEN ANSWER TO CITATION v. AND COMPLAINT Build Inc. License Nos. ROC 210681, 229225, RESPONDENT.

Respondent, Build Inc. (“Build”), through undersigned counsel, submits this Written Answer to Citation and Complaint. Unfortunately, Complainant, Ric Schneider, has been adversarial for more than two years regarding this project. Build has worked diligently to address Complainant’s often unfounded complaints and has addressed and/or resolved more than forty of Complainant’s alleged issues, which the ROC has confirmed are now resolved, Nevertheless, Build is still left having to defend itself against six remaining claims, none of which warrant any adverse action against Build. I. INTRODUCTION At the outset it is worth noting that Complainant’s original Complaint, presumably Received 6/20/2024 ROC Legal

submitted in October 2023, is not dated and, more importantly, is not signed. The ROC’s instructions for filing complaints require a complainant to “complete the entire complaint form,” which includes a signature “declar[ing] under penalty of perjury that the information and documents contained in this Complaint Form . . . are true and accurate to the best of [complainant’s] knowledge.” Complainant failed to comply with this directive. The ROC nevertheless issued Compliance Jobsite General Notes on May 17, 2024 (“ROC Notes”) finding that the following Compliance Items were not yet resolved: 5 Multiple window/glass door panes have scratches 16 Excess stucco and cracking along reveals 29 Steam shower motor makes noise while not running 33 Garage/house entry door not flush 48 Gaps and cracks at doors 44 Multiple roof leaks from damaged flashing or wicking up the wall Build will address each issue in turn. II. ALLEGED COMPLIANCE ISSUES 5 Multiple window/glass door panes have scratches Some chronology on this issue is important. Based on the ROC standards and conversations with the ROC inspector, Complainant had a 10-day deadline to raise this issue. When the inspector asked Complainant when he moved in, Complainant claimed he had not yet fully moved in. However, according to Complainant’s Complaint, the “Move- In-Date” was February 16, 2023. See Complaint at p. 1. So, Complainant was obligated to raise any such glass scratch issues by the end of February 2023. Again, Complainant filed his original Complaint, we believe, eight months later in October 2023. At that point, he claimed, “Multiple window/glass door panes have scratches.” Pursuant to the ROC’s November 20, 2023 Written Directive, Build was directed to “correct the scratches on the glass at the exterior patio northeast side fixed panel and the scratches on the northwest

Received 6/20/2024 ROC Legal

facing balcony glass door.” Build believes it has addressed and resolved these scratches. More recently, as acknowledged in the ROC Notes, Complainant pointed out two “other areas” during the May 17, 2024 inspection that “were not previously observed or addressed.” Build requests that all untimely complaints be dismissed and that Build be given an additional 90 days to resolve any remaining, and timely raised, complaints regarding glass scratches. 16 Excess stucco and cracking along reveals This issue was specified in the ROC’s November 20, 2023 Written Directive as “cracks along the reveals at the east facing overhang.” Build resolved this issue. However, the ROC Notes from May 17, 2024 (six months later) refer to a new area: “At the main living area . . . an indentation at the exterior drywall soffit overhang.” Consistent with Complainant’s attempt to continually raise new complaints, this particular complaint is new and untimely and should be dismissed. 29 Steam shower motor makes noise while not running The steam shower was not part of the approved plans and was a later addition by Complainant. Also, Complainant provided the steam shower. Build attempted to install this new, Complainant-provided steam shower, but some noise still exists. In an attempt to resolve the issue, Build prepared proposed drawings and submitted them to the manufacturer for approval. The manufacturer approved the plans the week of June 17, 2024. Build requests as additional 90 days to resolve this issue. 33 Garage/house entry door not flush The ROC inspector notes that “the door does not close evenly from top to bottom [w]hen applying force to the door from the interior.” Build did not violate any ROC standard, and no such standard is referenced. Complainant removed the door package from Build’s scope and provided his own doors with factory installed compressible fire and

Received 6/20/2024 ROC Legal

smoke seal gaskets. Build installed the doors consistent with industry practice and ROC standards. There are no gaps in the door. The ROC Notes confirm this fact as well as the fact that the door closes properly. Neither Complainant nor the ROC inspector has pointed to any standard that addresses the “movement” that inherently exists when compressible gaskets are installed. Build requests that this issue be deemed resolved. 48 Gaps and cracks at door More specifically, this issue involves water leaking in under a threshold at the door to the west facing balcony. Build, through its subcontractor, has attempted to resolve this issue, but it now appears that Build’s subcontractor needs to do additional work. The subcontractor has visited the site and is prepared to resolve this threshold issue. Build requests an additional 90 days to resolve this issue. 44 Multiple roof leaks from damaged flashing or wicking up the wall This issue involves the delamination of a door. Build repaired the door, but Complainant apparently remains unsatisfied per the ROC Notes. Build believes this issue has been resolved and complies with ROC standards. To the extent additional work is required, Build requests an additional 90 days to resolve the issue. III. ROC CHARGES The ROC’s Citation charges Build with violating three statutes. Charge 1 states that Build departed from or disregarded the plans or specifications in material respects that resulted in prejudice to Complainant without the consent of the owner. Based on the information above, there is no claim or evidence supporting this Charge. Build did not violate A.R.S. § 32-1154(A)(2)(a), and this Charge should be dismissed. Charge 2 essentially claims that Build failed to perform work in a professional and workmanlike manner. This, too, is unsupported. Build complied with the ROC standards and industry standards. Build worked hard to address Complainant’s complaints – even untimely ones. Build did not violate A.R.S. § 32-1154(A)(3) or A.A.C. R4-9-108(a), and

Received 6/20/2024 ROC Legal

this Charge should be dismissed. Finally, Charge 3 states that Build failed to take appropriate corrective action within a reasonable time without valid justification. Build disputes this. Build has taken all appropriate corrective action to address timely raised complaints. Some issues, as described above, are not supported by any reference to an allegedly violated standard. To the extent valid issues still remain outstanding, Build has been diligently attempting to resolve them, and the time taken to date is entirely justified This Charge should also be dismissed. IV. CONCLUSION Build requests that Complainant’s complaint be dismissed as comprised of untimely and unsupported complaints. Build also requests that Complainant’s complaint be dismissed because Complainant has not demonstrated that Build failed to comply with any ROC standards. Alternatively, as Build has been actively addressing any outstanding and valid complaints, Build requests an additional 90 days to complete any such items, which will require Complainant’s cooperation regarding access and testing, to continue with its efforts. DATED this 20th day of June, 2024. SCHMITT SCHECK EVEN & WILLIAMS, P.C.

By: /s/ Andrew Q. Everroad Andrew Q. Everroad 1221 East Osborn Road, Suite 105 Phoenix, Arizona 85014-5540 Attorneys for Respondent Build Inc.

The foregoing was submitted via e-mail on June 20, 2024 to: Registrar of Contractors 1700 W. Washington Street, Suite 105 Phoenix, Arizona 85007-2812 [email redacted]

Received 6/20/2024 ROC Legal

Ric Schneider 20800 Lincolnshire Court Brookfield, WI 53045 Complainant

/s/ Andrew Q. Everroad_________________________

Received 6/20/24, 1:55 PM State of Arizona Mail - ROC Case No. 2023-10566 Build Inc's Written Answer to Citation and Complaint 6/20/2024 ROC Legal

Answers - AZROC <[email redacted]>

ROC Case No. 2023-10566 Build Inc's Written Answer to Citation and Complaint message

Andy Everroad <[email redacted]> Thu, Jun 20, 2024 at 10:48 AM To: "[email redacted]" <[email redacted]>

Attached please find Respondent Build Inc.’s Written Answer to Citation and Complaint. Thank you.

Andy

SCHMITT SCHNECK EVEN & WILLIAMS, P.C. Andrew Q. Everroad | Director SCHMITT SCHNECK EVEN & WILLIAMS, P.C. 1221 East Osborn Road, Suite 105 | Phoenix, AZ 85014-5540 Direct: (602) 795-7730 | Cell: (480) 650-8743 Email: [email redacted] | Website:www.azbarristers.com

The information contained in this e-mail message is attorney privileged and confidential information, intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone (602) 277-7000 or reply by email and delete or discard the message. Thank you.

2024-06-20 Written Answer to Citation and Complaint.pdf 213K

https://mail.google.com/mail/b/AEoRXRRvDBQMzzEewLCaHqIBI_dHXjGsfAlF6xCijCrB3WqxSUPy/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 1/1 Mediation Notice

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

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

v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.

REQUEST

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

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

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

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

_____________________________________ _______________________ Respondent (or representative) Date

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

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

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

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

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

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

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

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

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

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

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

Exhibit Exhibit Name

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

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

Print Name Signature Date

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