2023A-10584-NPC-ROC Notice of Hearing and Packet MAILED

2023A-10584-NPC-ROC · Registrar of Contractors · 2023-12-20

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Desert Heat Excavating LLC, Case No. 2023-10584 COMPLAINANT, Docket No. 2023A-10584-NPC-ROC v. NOTICE OF HEARING ON CONTESTED CASE US Pipelining LLC License No. ROC 340686,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

February 6, 2024 9:00 AM Adam Stone 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 November 14, 2023. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED The complaint and citation allege that the Respondent committed the following act(s): Charge: 1 A.R.S. § 32-1154(A)(10)

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

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

RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney.

A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented

by an officer or employee if that person satisfies the conditions set forth in A.R.S. § 32-

1156(B).

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

any change of address within five (5) days of the change. A.R.S. § 41-1092.04. HEARING PROCEDURES AND RULES The administrative hearing will be conducted in accordance with A.R.S. §§ 41-1092 to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and processes governing the administrative hearing. Copies of the statutes, rules, and articles regarding the administrative hearing process can be found at https://www.azoah.com/.

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

The Registrar’s investigators, employees, and attorneys will appear at the hearing via

video conference or telephone unless requested by a party to appear in-person. Requests for

the Registrar’s investigators, employees, or attorneys to appear in-person must be filed with the Registrar and the Office of Administrative Hearings no later than seven (7) calendar days prior to the hearing date.

HEARING PACKET In the interests of administrative efficiency, the Registrar compiles and discloses certain documents to the parties and the Office of Administrative Hearings. These documents are attached to this Notice of Hearing as the “Hearing Packet.” If any party wishes to submit

additional evidence, they must do so during the hearing after completing a disclosure

statement. See “Disclosure Statement” section below.

SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS The parties to the hearing must be prepared to present evidence in support of their case. If a party wants to obtain testimony from a witness or documents not in the party’s possession, the party must prepare and file a written subpoena for the Administrative Law Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a

subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com.

The party seeking a subpoena must serve notice on all the parties to the hearing, and on the

Registrar. A.R.S. § 41-1092.04.

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

disclosure statement on all other parties, and file it with the Office of Administrative Hearings. A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the

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

CHANGING THE HEARING DATE The date of the hearing may only be advanced or delayed on the agreement of the parties or on a showing of good cause. A.R.S. § 41-1092.05(C). The date of the hearing may be changed by filing a written agreement of the parties to change the date of the hearing. The written agreement must be filed with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmitted to the Registrar and all other parties. The assigned Administrative Law Judge may be found on the Office of Administrative Hearings’

web portal at www.azoah.com

If a party would like to move the date of the hearing without agreement of all parties,

the party must file a written motion with the Office of Administrative Hearings, directed to the

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

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

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

Dated December 18, 2023.

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

Copy mailed via USPS First Class mail December 18, 2023 to: Respondent(s) US Pipelining LLC 1100 Wood Ln Langhorne, PA 19047

Chase E. Halsey Esq. 4647 N. 32nd Street Suite 150 Phoenix, AZ 85018 Complainant(s) Desert Heat Excavating LLC 20118 N 67th Ave Ste 300-424 Glendale, AZ 85308

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 Complainant’s Attorney at email address of record with Registrar

Case No. 2023-10584 /

Katie Hobbs, Governor Martin Quezada, Director

Hearing Packet FAQ What is the Hearing Packet?

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

Who gets the Hearing Packet?

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

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

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

What is in the Hearing Packet?

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

● Original complaint;

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

Katie Hobbs, Governor Martin Quezada, Director

● Citation; and ● Answer.

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

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

What if there are documents missing from the Hearing Packet?

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

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

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

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

Katie Hobbs, Governor Martin Quezada, Director

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

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

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

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

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

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

October 03, 2023

Via U.S. Mail and Email

Complainant Desert Heat Excavating LLC 20118 N 67th Ave., Ste. 300-424 Glendale, AZ 85308

Via U.S. Mail and Email

Respondent US Pipelining LLC 1100 Wood Ln Langhorne, PA 19047

Re: Complaint No. 2023-10584

Dear Complainant and Respondent:

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

Respondent is free to raise any issue or affirmative defense to this complaint by filing a response with the Registrar by October 10, 2023. Please reference the complaint number listed above if you file a response. Respondent may file a response by:

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

The Registrar will not issue a citation before October 10, 2023 and will review Respondent’s response, if one is submitted.

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

Sincerely,

/s/ Tedi Quezada ________________ 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 Tedi Quezada Legal Department 1700 W Washington St. Ste. 105 Phoenix, AZ 85007

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 Received by Investigations 09/08/2023 2023-10584 Received by Investigations 09/08/2023 2023-10584 Received by Investigations 09/08/2023 2023-10584 Received by Investigations 09/08/2023 2023-10584 Received by Investigations 09/08/2023 2023-10584 Received by Investigations 09/08/2023 2023-10584 Received by Investigations 09/08/2023 2023-10584 Received by Investigations 09/08/2023 2023-10584 Received by Investigations 09/08/2023 2023-10584 Received by Investigations 09/08/2023 2023-10584 Received 10/3/23, 11:29 AM State of Arizona Mail - Fwd: Case 2023-10584 - Notice of No Pay Complaint - DO NOT REPLY 10/03/2023 ROC Legal

Legal New Mail - AZROC <[email redacted]>

Fwd: Case 2023-10584 - Notice of No Pay Complaint - DO NOT REPLY message

Stela Sofroni <[email redacted]> Tue, Oct 3, 2023 at 10:45 AM To: [email redacted]

Hello,

We just received the attached notice and we are forwarding it to our lawyer. Below please find some information in regards to the Complainant (Desert Heat) and the work that they completed for us. Feel free to contact us at anytime if you have any questions or concerns. Thank you.

Regards,

Stela Sofroni Petanaj US Pipelining LLC. 1100 Wood Ln. Langhorne, PA 19047 Tel +1 215.702.9100 Fax +1 215.702.9155 [email redacted] http://www.uspipelining.com/

*Unless otherwise indicated or obvious from the nature of the transmittal the information contained in the e-mail message is confidential and proprietary information, and may also be privileged, that is intended for the use of the individual or entity named above .If the reader of this message is not the intended recipient or the employee or agent responsible to deliver it to the intended recipient you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify the sender by telephone at (800)504-6108 and return the original message.*

---------- Forwarded message --------- From: Tedi Quezada <[email redacted]> Date: Tue, Oct 3, 2023 at 11:00 AM Subject: Case 2023-10584 - Notice of No Pay Complaint - DO NOT REPLY To:

Hello,

Please see the attached electronic courtesy copy of the Notice of No Pay Complaint issued in Case 2023-10584. This document was also sent to your attention via US Mail.

PLEASE DO NOT REPLY DIRECTLY TO THIS EMAIL. Any reply or response should be addressed to [email redacted]

Thank you

Tedi Quezada Legal Assistant II Legal Department Arizona Registrar of Contractors Main: 602.542-1525

Email: [email redacted]

The ROC is now on social media! Make sure to follow us on:

Fill out AZ ROC's survey to let us know how we're doing and how we can better serve you!

attachments 20231003 Notice of No-Pay Complaint 2023-10584 MAIL.pdf 2554K US Pipelining Mail - Statement from Desert Heat Excavating LLC.pdf 2032K

https://mail.google.com/mail/b/AEoRXRR_wH9Jtii0nlp5s4uZlkkPIUAdrIwLF9rBpgoDZukH5ED4/u/0/?ik=d3afebeda9&view=pt&search=all&permthid=t… 1/1 Received 10/03/2023 ROC Legal

Stela Sofroni <[email redacted]>

Statement from Desert Heat Excavating LLC Stela Sofroni <[email redacted]> Wed, Aug 2, 2023 at 1:43 PM To: Desert Heat Excavating LLC <[email redacted]> Cc: Jeremy Bowman <[email redacted]>

Good afternoon Shawn,

Attached please find a letter that went out yesterday to your attention. Please feel free to contact Jeremy at any time if you have any questions. Thank you.

Regards,

Stela Sofroni Petanaj US Pipelining LLC. 1100 Wood Ln. Langhorne, PA 19047 Tel +1 215.702.9100 Fax +1 215.702.9155 [email redacted] http://www.uspipelining.com/

[Quoted text hidden]

Backcharges to Desert Heat Excavating.pdf 1850K Received 10/03/2023 ROC Legal

August 1, 2023

Shawn Kirby Jr Desert Heat Excavating 20118 N. 67th Ave. Suite # 300-424 Glendale, AZ 85308

RE: Backcharges to Desert Heat Excavating

Biltmore Terrace Condominium Association (the “Project”)

Dear Mr. Kirby,

US Pipelining LLC entered into an agreement with Desert Heat Excavating in April 2023. As you have been made aware previously there were damages that had occurred by your equipment, lack of planning, and/or prevention of damages during your work at Biltmore. As a result, US Pipelining has incurred costs that are the responsibility of Desert Heat.

From the onset of the Project through the date of this letter, US Pipelining LLC has incurred damages in the amount of $24,278.00 as a direct result of Desert Heat Excavating’s defaults: including damages to paved parking area, curbing and concrete sidewalks.

Attached you will find the correspondence of the issues that occurred through the writing of this letter. This amount will be withheld from payments to Desert Heat.

Furthermore, you are hereby advised that the above amount only represents direct costs incurred through the writing of this letter, and any further costs incurred will be tracked for future cost compilation and forwarded at a later date.

If you wish to discuss this issue further, please do not hesitate to contact me at (215) 702-9100.

Thank you,

Jeremy Bowman President

cc: Chase Halsey Sent via: Certified Mail

US PIPELINING LLC 1100 WOOD LN. LANGHORNE PA 19047 CALL TOLL FREE (800) 504-6108 Received 10/03/2023 ROC Legal

Stela Sofroni <[email redacted]>

RE: Biltmore Terrace asphalt/concrete estimate (by others) messages

Wayne Beckham <[email redacted]> To: "[email redacted]" <[email redacted]> Cc: Jeremy Bowman <[email redacted]>, John Tripp <[email redacted]>, Noah Sebastian <[email redacted]>, Ford Bowman <[email redacted]>, Stela Sofroni <

Good day!

Please be aware that during the pipe project meeting yesterday Togala was informed that the Board of Directors have made a decision that both the concrete repairs and asphalt repairs in fro vendor for doing that work at the property. Attached is the quote that will be used, and the amount will be added to a CO for signature.

$24,278.00

Wayne Beckham

Togala Contractor Builder

VP of Construction

M – 303.435.0158

O - 720.295.0469

E - [email redacted] Received 10/03/2023 ROC Legal Received 10/03/2023 ROC Legal Received 10/03/2023 ROC Legal Received 10/03/2023 ROC Legal Received 10/03/2023 ROC Legal Received 10/03/2023 ROC Legal

Here are a few of the photos that span about 12' wide by 60' in total length. They are in little groups over the entire area. I had stopped the crew and asked them to put down plywood or some when they returned, there was no change and they had already done the damage.

Wayne Beckham Togala Contractor Builder VP of Construction M – 303.435.0158 O - 720.260.4599 E - [email redacted]

From: [email redacted] <[email redacted]> Sent: Thursday, July 13, 2023 9:15:08 AM To: Wayne Beckham <[email redacted]> Cc: 'Jeremy Bowman' <[email redacted]>; John Tripp <[email redacted]> Subject: RE: Biltmore Terrace asphalt estimate (by others)

Wayne, Jeremy and Ford have been point on this matter. But for my benefit, might you have pictures of the damage to the asphalt? Herb

From: Wayne Beckham <[email redacted]> Sent: Thursday, July 13, 2023 9:28 AM To: Herb Reedman <[email redacted]> Cc: Jeremy Bowman <[email redacted]>; John Tripp <[email redacted]> Subject: FW: Biltmore Terrace asphalt estimate (by others)

Good day!

I sent a text to Kessler yesterday asking for him to forward me the email that was sent concerning the asphalt repairs in front of building 6 and got this last night. Please be sure you are review to go about the repairs. The board as you know will want the best of the best. Received 10/03/2023 ROC Legal Wayne Beckham

Togala Contractor Builder

VP of Construction

M – 303.435.0158

O - 720.295.0469

E - [email redacted]

From: Kessler Millard <[email redacted]> Sent: Wednesday, July 12, 2023 6:46 PM To: [email redacted]; Wayne Beckham <[email redacted]> Cc: Wade Wyman <[email redacted]> Subject: Biltmore Terrace asphalt estimate

Please find the attached estimate for the option to repair with a tar product the areas needing addressed at the Biltmore Terraces or to remove the existing asphalt and replace completely. If y

Kessler Millard (623) 223-3749 Wolverine Daylighting 24029 n 91st ave Peoria, Arizona 85383

www.wolverinedaylighting.com

Biltmore Terraces Asphalt and concrete Repairs 7-10-23 (Sunland quote).pdf 186K Received 10/03/2023 ROC Legal

To: Ogden & Company Inc Contact: Karl Gehring Address: 1901 E University Dr, Ste 440 Phone: (480) 396-4567 Mesa, AZ 85203 Fax:

Project Name: Biltmore Terraces Repairs 7-10-23 Bid Number: PH020927 Project Location: 3055 E Colter St, Phoenix, AZ Bid Date: 7/18/2023

Item Description Total Price Concrete Flatwork $5,919.00 Provide Traffic Control And Barricades During Our Scope Of Work. Make Necessary Saw Cuts. Demo And Haul Off 300 Square Feet Of Existing Concrete At 4" Thickness. Form And Pour 300 Square Feet Of 4" Thick Concrete Sidewalk. This Proposal Is Based On Completing This Work In 1 Phase/Mobilization. Remove And Replace 3" Asphalt / Speed Bump $18,359.00 Provide Traffic Control And Barricades During Our Scope Of Work. Make Necessary Saw Cuts. Remove Approx. 3,165 Square Feet Of Failed Asphalt To A Depth Of 3 Inches. Compact Existing Base And Pave With 3 Inches Of 1/2 Inch MAG Asphaltic Surface Course. Install 1 Speed Bumps (3 Feet Wide X 3 Inch Height To 0 Inches On The Edge). Paint 1 Speed Bumps Solid Using Yellow Latex Traffic Paint. This Proposal Is Based On Performing The Work In 1 Phase/Mobilization.

Total Bid Price: $24,278.00

Notes: • Estimated material taxes are included in total price. In order to hold pricing, this proposal must be signed and returned within 15 days from the bid date specified above. Due to the pricing volatility of our industry at the moment, Sunland reserves the right to update pricing at any time prior to start of work. • Material pricing is good through 10-30-2023. • Sunland Asphalt routinely uses recycled material in hot mix asphalt products. • Sunland Asphalt will not be held liable for any underground cables, electrical lines, water lines or any other underground obstruction not locatable or not buried to a depth less than 18" below the existing finished grade. • Pricing excludes night/weekend work, permits, fees, bonds, notifications, protection of concrete after initial placement, colored concrete, decorative concrete, rebar, fibers, wire mesh, dowels, imbeds, footings, masonry, caulking, truncated domes, ABC beneath concrete, asphalt patch back, QC testing, utility adjustment hardware, gate loops, painting bumper blocks, permanent signage, herbicide, removal and disposal of existing fabric underlayment, water source, or survey/staking in price unless noted above. Any pre-existing ADA compliance issues are excluded from contract unless specifically stated in proposal. • Additional (downtime/mobilization) charges may result from delays beyond the control of Sunland Asphalt (or its subcontractors) which prohibit the above mentioned work from being completed as scheduled. (i.e., unmoved vehicles, disregard for Sunland traffic control, sanitation/delivery services, sprinkler runoff, etc.) • The depth of the existing asphalt/concrete is only an estimate. Additional depth may require additional charges. The removal of the asphalt/concrete has been bid for that function alone and does not include excavation of the base or subbase. If at the time of the removal, it is determined that contamination of water has weakened either the base or the subbase, additional charges would be negotiated to correct the unforeseen problem. If upon the removal of the asphalt/concrete, it is found that structures exist below such as concrete footings, abandoned pipes, metal supports, etc., an additional charge would be negotiated to remove these obstructions if they would impede or prohibit grade consistencies.

Received 10/03/2023 ACCEPTED: CONFIRMED: ROC Legal The above prices, specifications and conditions are satisfactory and Sunland Asphalt & Construction, LLC are hereby accepted.

Buyer:

Signature: Authorized Signature:

Date of Acceptance: Project Consultant: Eric Rogers (602) 288-5640

Received 10/03/2023 • Sunland Asphalt Addendum Terms and Conditions: ROC Legal Contractor and Owner hereby accept the terms of the attached Proposal subject to = the terms and conditions set forth in this Addendum. The Proposal and Addendum shall be collectively referred to as the "Contract." This Addendum is attached hereto and incorporated herein by reference. If any of the terms of the Proposal are inconsistent with the terms of this Addendum, then this Addendum shall be controlling and the parties shall be bound by the terms and conditions of this Addendum. • 1. WORK Contractor will furnish all necessary labor, materials, and equipment to complete the work specified in the Contract (the "Work"). All surfaces to which material is to be applied shall be in a condition similar to the condition at the time the project was bid. Owner shall specify one representative to represent the Owner who has authority to accept the Work and authorize changes to the Work. Owner shall provide reasonable access to a water supply source. Owner grants Contractor permission to utilize photos and videos of the Work and the project site in the promotion of Contractor's business services. • 2. PAYMENT Contractor shall be paid a monthly progress payment within 15 days after receipt of the payment by the Owner for the value of work performed. Final payment, including all retention, shall be due 15 days after the work described in the Proposal is substantially completed. No provision of this agreement shall serve to void the Contractor's entitlement to payment for properly performed work. • 3. INTEREST AND EXPENSES All sums not paid when due shall bear an interest rate of 1 1/2% per month or the maximum legal rate permitted by law, whichever is less, and all costs of collection, including a reasonable attorneys' fee, shall be paid by Owner. • 4. ATTORNEYS' FEES In the event of litigation regarding the Contract or collection efforts by Contractor, the prevailing party shall be awarded its reasonable attorneys' fees and costs, which shall include all costs that would normally be passed through to the client, specifically but not limited to research charges, travel costs, expert witness costs, copying costs, mailing costs, facsimile costs, had-delivery costs, Federal Express or Express Mail costs, taxable costs and disbursements. • 5. CONTINUED PERFORMANCE Nothing in this Contract shall require the Contractor to continue performance if timely payments are not made to Contractor for suitably performed work. • 6. BACK CHARGES No back charges or claim of the Owner for services shall be valid except by an agreement in writing by the Contractor before the work is executed, except in the case of the Contractor's failure to meet any requirement of the Contract. In such event, the Owner shall notify the Contractor of such default, in writing, and allow the Contractor reasonable time to correct any deficiency before incurring any cost chargeable to the Contractor. • 7. WORK AREAS Owner is to prepare all work areas so as to be acceptable for Contractor to perform its work under the Contract. Owner shall notify Contractor in advance when the site will be ready for Contractor to perform its work and shall provide Contractor with free and unobstructed access so tehat the work can be commenced promptly and completed without delay. Contractor will not be called upon to start work until sufficient areas are ready to insure continued work. • 8. TIME FOR PERFORMANCE Contractor shall be given a reasonable time in which to commence and complete the performance of the Contract. Contractor provides no assurances as to a complete date since the Work is subject to weather conditions, prior commitments, mechanical failures, and other cause beyond Contractor's control. Contractor shall not be responsible for delays or default where occasioned by any causes of any kind and extent beyond its control, including but not limited to: delay caused by Owner, architect and/or engineers, delays in transportation, shortages of raw materials, civil disorders, labor difficulties, vendor allocations, fires, floods, accident hazardous waste or controlled substances and acts of God. Contractor shall be entitled to equitable adjustment in the contract price for additional costs due to unanticipated project delays or accelerations. Contractor shall not be obligated to provide any labor or materials outside the scope of work unless Owner shall first agree in writing to equitably adjust the contract price to be paid Contractor. • 9. WORKMANSHIP All workmanship and materials are guaranteed against defects for a period of one (1) year from the date of substantial completion of installation. This warranty is in lieu of all other warranties, express or implied, including any warranties of merchantability or fitness for a particular purpose. The exclusive remedy shall be that Contractor will replace or repair any part of its work which is found to be defective. Contractor shall not be responsible for special, incidental or consequential damages. Contractor shall not be responsible for damage to its work by other parties or for improper use of equipment by other industry standard practices and will override strict compliance and strict performance. Contractor makes no warranty regarding drainage where the slope provided or allowable is less than two percent (2%). Contractor's warranty does not extent to or cover settlement or cracking of asphalt or pavement due to expansive soils, improperly compacted utility trenches, or for failures caused by the inadequate compaction of the subgrade. Contractor shall not be liable for damage to underground utilities which were improperly installed and/or backfilled. • 10. WORK HOURS Work called for herein is to be performed during Contractor's regular working hours as agreed to by the Owner and the Contractor. • 11. NOTICE Any notice or written claim required by the Contract to be submitted to the Owner, on account of charges, extras, delays, acceleration, or otherwise, shall be furnished within a time period, and in a manner to permit the Owner to satisfy the requirements of the Contract, notwithstanding any shorter time period otherwise provided. • 12. LIEN RIGHTS Nothing in this Contract shall serve to void Contractor's right to file a lien or claim on its behalf in the event that any payment to Contractor is not timely made. • 13. LABOR Contractor shall not be bound by any of Owner's labor agreements (in whole or in part). • 14. LIQUIDATED DAMAGES The Owner shall make no demand for liquidated damages for delays in any sum in excess of such amounts as may be specifically named in this Contract and no liquidated damages may be assessed against Contractor for more than the amount paid by the Owner for unexcused delays to the event actually caused by the Contractor.

Received 10/03/2023 • 15. SCHEDULE ROC Legal Contractor shall submit a schedule to Owner, Owner will review and notify Contractor of any schedule conflict. If Contractor finds it necessary to change his schedule, Owner will give his best effort to meet this change in schedule. Contractor shall not be penalized for non-performance and will be paid for work performed. . • 16. INSURANCE RESTRICTION Notwithstanding any provision to the contrary, Contractor shall maintain the types and limitations on insurance as shown on the attached certificate of insurance. Contractor is not required to waive any claims or rights of subrogation against the Owner or any others for losses and claims covered or paid by Owner's workers compensation or general liability insurance. Acceptance of the Certificate of Insurance constitutes acceptance of the insurance of Contractor, including any additional insured requirements. In addition, Contractor shall not provide completed operations under an additional insured requirement. • 17. INDEMNITY, HOLD HARMLESS To the fullest extent permitted by law, Contractor agrees to protect, defend, indemnify, and hold harmless Owner from and against all liability, loss, claims, demands, damages, suits, costs, fees, fines, penalties, expenses, and causes of action to the extent caused by Contractor or any of Contractor's employees, agents, representatives, subcontractors, or suppliers. Any indemnification or hold harmless obligation of the Contractor shall extend only to claims resulting to bodily injury and property damage and then only to that part or proportion of any claim damage, loss or defect that results from the negligence or intentional act of Contractor or someone for whom it is responsible. Nothing in this agreement shall require the Contractor to indemnify any other party from any damages including expenses and attorneys' fees to persons or property for any amount exceeding the degree Contractor directly caused such damages. Contractor shall not be responsible for fines or assessments made against Owner and Contractor. Contractor retains all rights of subrogation. Contractor will not indemnify anybody for any actions except for Contractor's own negligence and only in the proportional amount of its negligence. • 18. RIGHT TO RELY Contractor shall rely on plans, drawings, specifications and other information provided by Owner, Owner, Architect or representatives of each. Contractor assumes no risk for unknown or unforeseen conditions not evident from the plans, drawings, specifications or other information provided to Contractor. • 19. HAZARDOUS WASTE Contractor shall have no obligation to handle (that is, to remove, treat or transport) any substance which is considered hazardous waste or substance under state or federal law ("hazardous waste"). Handling hazardous waste shall be outside the scope of work of this Contract. Title to all hazardous waste shall remain with others and shall not be property of Contractor. . • 20. SOILS Contractor shall have no liability to Owner or any third-party relating to underlying soil conditions. Contractor will not sacrifice the quality or integrity by placing asphalt pavement on base course or subgrade that is unstable or subgrade containing frost, including top lifts or overlays when temperatures do not meet material specifications. Contractor's warranty shall be waived and have no effect should Owner direct or authorize Contractor to pave on unstable subgrade or subgrade containing frost and Owner shall be responsible for any and all resulting damage or required repairs. If Owner requests that the top lift of asphalt be placed at a later date, the cost for all clean up and remobilization is the Owner's responsibility. • 21. ENGINEERING SERVICES If Contractor provides subcontracted construction stakes and/or subcontracted engineering services, Owner agrees to indemnify and defend Contractor from and against any and all claims, demands, damages, costs or expenses, including attorneys' fees, resulting from or related to these services, including drainage of water as to direction and amount, both during and after performance of the Work. If a soil sterilizer or herbicide is applied by Contractor, it is applied at the request of Owner in an effort to retard weed growth and Contractor makes no representation or guarantee that its use will have the intended effect. Owner shall indemnify, hold harmless, and defend Contractor from and against any and all damages, claims, costs or expenses, including attorneys' fees and costs, resulting from these services. Owner is advised to retain an independent licensed soils engineer for a study of the existing soils in order to recommend a specific pavement design. Contractor may modify the Proposal to include such recommendations. • 22. AMERICANS WITH DISABILITIES AC Owner is solely responsible for maintaining the subject property in full compliance with the ADA and agrees to indemnify and hold Contractor harmless from and against any and all liability, claims, damages or expenses, including attorneys' fees, relating in any way to ADA requirements or issues. Contractor recommends that Owner obtain the services of a certified ADA consultant for site evaluations and recommendations as required by Federal and State law. If directed by the Owner to obtain compliance, Owner may make recommendations for such work and additional charges may apply. • 23. DISPUTE RESOLUTION Final determination of contract compliance and all dispute resolutions shall be handled in the jurisdiction and venue of Maricopa County, Arizona, and be governed by the laws of Arizona.

Received 10/04/2023 ROC Legal Received 10/04/2023 ROC Legal Received 10/04/2023 ROC Legal Received 10/04/2023 ROC Legal Received 10/04/2023 ROC Legal Received 10/04/2023 ROC Legal Received 10/04/2023 ROC Legal Received 10/04/2023 ROC Legal Received 10/04/2023 ROC Legal Received 10/04/2023 ROC Legal Received 10/04/2023 ROC Legal Received 10/04/2023 ROC Legal Received 10/04/2023 ROC Legal Received 10/04/2023 ROC Legal Received 10/04/2023 ROC Legal Received 10/04/2023 ROC Legal Received 10/04/2023 ROC Legal Received 10/04/2023 ROC Legal Received 10/5/23, 9:02 AM State of Arizona Mail - Desert Heat Excavating, LLC / US Pipelining, LLC - (ROC Complaint No. 2023-10584) 10/04/2023 ROC Legal

Legal New Mail - AZROC <[email redacted]>

Desert Heat Excavating, LLC / US Pipelining, LLC - (ROC Complaint No. 2023-10584) message

Tiffany Hayes <[email redacted]> Wed, Oct 4, 2023 at 2:56 PM To: Legal New Mail - AZROC <[email redacted]> Cc: Chase Halsey <[email redacted]>, "[email redacted]" <[email redacted]>

Ms. Quezada:

Please see the attached correspondence of today’s date in the above-referenced matter.

Tiffany J. Hayes

Legal Assistant

MURPHY CORDIER CASALE AXEL PLC

4647 N. 32nd Street, Suite 150

Phoenix, AZ 85018

[email redacted]

(602) 274-9000 (Main)

(602) 441-1068 (Direct)

(602) 795-5896 (Fax)

www.mcattorneys.com

NOTICE: This e-mail may contain confidential and privileged material for the sole use of the intended recipient. Any review or distribution by others is strictly prohibited. If you are not the intended recipient, please contact the sender and delete and destroy all copies. To ensure IRS compliance, any tax advice included in this e-mail may not be used by any recipient to avoid penalties imposed under the Internal Revenue Code, state or local tax law provisions. Thank you.

20231004 LT ROC in response to 10.03 Notice of No-Pay Complaint.pdf 3069K

https://mail.google.com/mail/b/AEoRXRRY_lbUSjEqlmeiCapFBzXmlhL0HPIkjrpD4q2JV-1J3wKm/u/0/?ik=d3afebeda9&view=pt&search=all&permthid… 1/1 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Case No. 2023-10584 Desert Heat Excavating LLC,

COMPLAINANT, v. CITATION US Pipelining LLC License No. ROC 340686,

RESPONDENT.

The Registrar issues this Citation to US Pipelining LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by November 29, 2023, then under A.R.S. § 32-1155(C), Respondent’s failure to answer may be deemed an admission of the act or acts charged in the underlying complaint, and the Registrar may then suspend or revoke Respondent’s license(s). THE WRITTEN COMPLAINT On September 8, 2023, Desert Heat Excavating LLC (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating: Charge :1 A.R.S. § 32-1154(A)(10) — Failure by a licensee or agent or official of a licensee to pay monies in excess of $750 when due for materials or services rendered in connection with the licensee's operations as a contractor unless the 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 licensee proves that the licensee lacks the capacity to pay and has not received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased.

If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F). FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2023-10584. 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 November 29, 2023. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a 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 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). 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 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 inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated November 14, 2023. By: /s/ Robert Stirling Robert Stirling Assistant General Counsel Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, November 14, 2023 to:

Respondent Certified Mail No: [number redacted]

US Pipelining LLC 1100 Wood Ln Langhorne, PA 19047 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 Copy mailed by USPS First Class mail this same date to: Respondent US Pipelining LLC 1100 Wood Ln Langhorne, PA 19047 Respondent’s Attorney Chase E. Halsey Esq. Murphy Cordier Casale Axel PLC 4647 N. 32nd Street Suite 150 Phoenix, AZ 85018

Complainant Desert Heat Excavating LLC 20118 N 67th Ave Ste. 300-424 Glendale, AZ 85308 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. 2023-10584/tq

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 October 03, 2023

Via U.S. Mail and Email

Complainant Desert Heat Excavating LLC 20118 N 67th Ave., Ste. 300-424 Glendale, AZ 85308

Via U.S. Mail and Email

Respondent US Pipelining LLC 1100 Wood Ln Langhorne, PA 19047

Re: Complaint No. 2023-10584

Dear Complainant and Respondent:

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

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

The Registrar will not issue a citation before October 10, 2023 and will review Respondent’s response, if one is submitted.

Sincerely,

/s/ Tedi Quezada ________________ 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 Tedi Quezada Legal Department 1700 W Washington St. Ste. 105 Phoenix, AZ 85007

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

Mary Coyne <[email redacted]>

ROC Complaint 2023-10584 message

Tiffany Hayes <[email redacted]> Thu, Dec 7, 2023 at 3:42 PM To: "[email redacted]" <[email redacted]> Cc: Chase Halsey <[email redacted]>

Hi Mary:

Attached is the postage receipt I mentioned on our phone call earlier today showing that the Answer was also mailed to Complainant on November 27th. Thank you again so much for your help today!

Merry Christmas 😊

Tiffany J. Hayes

Legal Assistant

MURPHY CORDIER CASALE AXEL PLC

4647 N. 32nd Street, Suite 150

Phoenix, AZ 85018

[email redacted]

(602) 274-9000 (Main)

(602) 441-1068 (Direct)

(602) 795-5896 (Fax)

www.mcattorneys.com

Stamps.com Receipt - Desert Heat Excavating.pdf 131K 01232145ÿ4748ÿ9 ÿ9ÿ RECEIVED LEGAL 12/7/2023

722 29 29 !08"43#18833$% & ! 020 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Desert Heat Excavating LLC, Case No. 2023-10584 COMPLAINANT, v. US Pipelining LLC FINAL ADMINISTRATIVE License No. ROC 340686, DECISION AND ORDER (DEFAULT) RESPONDENT.

A Citation was issued in this matter based on a complaint filed with the Registrar of Contractors. Based upon the entire record in this matter, the following Findings of Fact,

Conclusions of Law, and Order are made:

FINDINGS OF FACT 1. The Citation and Complaint were served on Respondent by certified mail, with postage prepaid, directed to the latest address of record for Respondent as shown in the license

files of the Registrar, in accordance with A.R.S. §§ 32-1155(A) and (B).

2. Respondent did not file a timely written Answer to the Citation as required by A.R.S. § 32-1155(A).

3. More than ten days have elapsed since service of the Citation, and under A.R.S. § 32- 1155(C) Respondent’s failure to answer within the time prescribed is deemed an admission of

the acts charged in the Complaint.

4. Respondent’s license is active as of the date of this Order. CONCLUSIONS OF LAW 1. Respondent violated the provisions of A.R.S. § 32-1154(A)(10) as charged in the Citation and Complaint.

of 2 1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812

602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/19 2. The Registrar has authority to suspend or revoke Respondent’s license under A.R.S. §§ 32-1154 and 32-1155.

ORDER Based on the foregoing, IT IS ORDERED that Respondent’s license be suspended beginning December 14, 2023, until the Registrar receives written proof that Respondent has

paid Complainant $10,915.00.

This Order is not subject to judicial review except for jurisdictional issues under A.R.S. §§ 41-1092.08(H) and 12-902(B).

Dated December 7, 2023. By: /s/ Mary Coyne Mary Coyne, CP Paralegal Manager Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed December 7, 2023 to: Respondent US Pipelining LLC 1100 Wood Ln Langhorne, PA 19047 Chase E. Halsey Esq. Murphy Cordier Casale Axel PLC 4647 N. 32nd Street Suite 150 Phoenix, AZ 85018

Complainant Desert Heat Excavating LLC 20118 N 67th Ave Ste 300-424 Glendale, AZ 85308 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 Complainant’s Attorney at email address of record with Registrar Case No. 2023-10584 /

of 2 1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812

602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/19 RECEIVED LEGAL 12/7/2023

Mary Coyne <[email redacted]>

RE: ROC Complaint 2023-10584 message

Tiffany Hayes <[email redacted]> Thu, Dec 7, 2023 at 1:35 PM To: "[email redacted]" <[email redacted]> Cc: Corporations Division <[email redacted]>

Mary:

We received the below email from our client regarding their license being suspended because of an Answer (attached) not being filed. I knew I filed it via email and looked back at my emails and noticed that it was inadvertently sent to [email redacted] because of my outlook email auto generating when I start to type the email address. This is completely my oversight. Is there anything you can do considering this was totally an administrative error on my part?

Tiffany J. Hayes

Legal Assistant

MURPHY CORDIER CASALE AXEL PLC

4647 N. 32nd Street, Suite 150

Phoenix, AZ 85018

[email redacted]

(602) 274-9000 (Main)

(602) 441-1068 (Direct)

(602) 795-5896 (Fax)

www.mcattorneys.com

From: Chase Halsey <[email redacted]> Sent: Thursday, December 7, 2023 1:11 PM To: Tiffany Hayes <[email redacted]> Subject: FW: ROC Complaint 2023-10584 Importance: High

Need to find out what happened here ASAP.

Chase E. Halsey, Esq. MURPHY CORDIER CASALE AXEL PLC

4647 North 32nd Street, Suite 150 Phoenix, AZ 85018 [email redacted] (602) 441-1074 (direct) (602) 274-9000 (main) www.mccalaw.com

From: [email redacted] <[email redacted]> On Behalf Of Legal New Mail - AZROC Sent: Thursday, December 7, 2023 1:00 PM Subject: ROC Complaint 2023-10584

[EXTERNAL]

Hello,

Attached please find an electronic courtesy copy of the Final Administrative Decision and Order (Default) issued in this case. This document was also sent to your attention via US Mail.

Thank you

Mary Coyne, CP Paralegal Manager Arizona Registrar of Contractors Legal Department 602-542-1525 602-771-6794 RECEIVED LEGAL Fill out AZ ROC’s survey to let us know how we’re doing and how we can better serve you! 12/7/2023

20231127 USP Answer to Citation .pdf 116K RECEIVED LEGAL 12/7/2023

Subject: Desert Heat Excavating, LLC v. US Pipelining, LLC / Case No. 2023-10584 Tiffany Hayes <[email redacted]> Mon, Nov 27, 8:14 AM (10 days to Corporations Division, Chase Halsey

You are viewing an attached message. State of Arizona Mail can't verify the authenticity of attached messages.

Good Morning:

Attached is Respondent’s Written Answer to Citation in the above-referenced matter.

Tiffany J. Hayes Legal Assistant MURPHY CORDIER CASALE AXEL PLC 4647 N. 32nd Street, Suite 150 Phoenix, AZ 85018 [email redacted] (602) 274-9000 (Main) (602) 441-1068 (Direct) (602) 795-5896 (Fax) www.mcattorneys.com

NOTICE: This e-mail may contain confidential and privileged material for the sole use of the intended recipient. An review or distribution by others is strictly prohibited. If you are not the intended recipient, please contact the sende and delete and destroy all copies. To ensure IRS compliance, any tax advice included in this e-mail may not be use by any recipient to avoid penalties imposed under the Internal Revenue Code, state or local tax law provisions. Tha you.

One attachment • Scanned by Gmail

20231127 USP An… RECEIVED LEGAL 12/7/2023

MURPHY CORDIER CASALE AXEL PLC 4647 North 32nd Street, Suite 150 Phoenix, Arizona 85018 Telephone (602) 274-9000 Chase E. Halsey (State Bar No. 023247) [email redacted] Attorneys for Respondent US Pipelining, LLC License No. ROC 340686 BEFORE THE REGISTRAR OF CONTRACTORS MURPHY CORDIER CASALE AXEL PLC

OF THE STATE OF ARIZONA

Desert Heat Excavating, LLC, Case No. 2023-10584 4647 North 32nd Street, Suite 150 Phoenix, Arizona 85018

Complainant, RESPONDENT’S WRITTEN ANSWER TO CITATION v. US Pipelining, LLC, License No. ROC 340686, Respondent. Respondent US Pipelining, LLC, License No. ROC 340686 (“Respondent”), through

undersigned counsel, hereby submits its Answer to the Citation issued to Respondent on November 14, 2023. 1. Charge 1: Violation of A.R.S. § 32-1154(A)(10)

Respondent denies the charge.

No additional funds are due and owing to Complainant. On August 1, 2023, USP

issued a back charge to the Complainant due to damages Complainant caused to the parking area at the project site giving rise to this dispute. The back charge of $24,278.00 greatly exceeds the $10,915.00 balance remaining on Complainant’s subcontract. As such,

RECEIVED LEGAL 12/7/2023

Complaint actually owes Respondent $13,363.00 for the cost of the repairs, after deducting Respondent’s remaining subcontract balance. DATED this 27th day of November, 2023. MURPHY CORDIER CASALE AXEL PLC By: /s/ Chase E. Halsey MURPHY CORDIER CASALE AXEL PLC

Chase E. Halsey Attorneys for Respondent 4647 North 32nd Street, Suite 150 Phoenix, Arizona 85018

ORIGINAL of the foregoing e-filed this 27th day of November 2023 with: Arizona Registrar of Contractors 1700 W. Washington, Suite 105 Phoenix, AZ 85007-2812 [email redacted] COPY of the foregoing mailed on this 27th day of November 2023 to: Desert Heat Excavating, LLC 20118 N. 67th Avenue, Suite 300-424 Glendale, AZ 85308 Complainant /s/ Tiffany J. Hayes REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Desert Heat Excavating LLC, Case No. 2023-10584

COMPLAINANT, ORDER SETTING ASIDE FINAL v. ADMINISTRAIVE DECISION AND US Pipelining LLC , ORDER (DEFAULT) License No. ROC 340686, AND RESPONDENT. ORDER SETTING HEARING

After a review of the file and record, Respondent’s request to set aside the Registrar’s Final Administrative Decision and Order (Default) is granted for the following reasons: BACKGROUND On September 8, 2023, the Registrar received a complaint against Respondent. On November 14, 2023, the Registrar issued a citation to Respondent for alleged violation(s) of A.R.S. § 32-1154(A)(10). The Registrar mailed the Citation via certified mail to Respondent’s address of record. The Registrar did not receive a timely answer from Respondent. On December 7, 2023, the Registrar issued a Final Administrative Decision and Order (Default), ordering that the license be suspended beginning December 14, 2023, and remain suspended until the Registrar received written proof that Respondent has paid Complainant $10,915.00. On December 7, 2023, the Registrar received Respondent’s response to the Final Administrative Decision and Order (Default). // // of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877) 692-9762 Lg107 4/21 ANALYSIS Service of a citation is fully effected by mailing a copy of the citation and complaint by registered mail to the licensee’s last address of record in the Registrar’s office. A.R.S. § 32- 1155(B). Service is complete five days after deposit in the mail. Failure of a licensee to respond to a citation within ten days after service may result in a statutory admission of all acts charged in the complaint. The Registrar may accept a late answer if it determines, in its sole discretion, that the failure to timely answer is attributable to excusable neglect. A.R.S. § 32- 1155(C). Here, the Citation was mailed to Respondent’s correct address of record on November 14, 2023 via certified and USPS first class mail. The due date for Respondent to file an answer to the Citation was November 29, 2023. Because the Registrar did not receive a timely filed answer as required under A.R.S. § 32-1155(C), the Registrar issued a default order. The Registrar therefore considers Respondent’s December 7, 2023 submittal as a late answer and a request to set aside the default order. The Registrar favors resolving complaints on their merits rather than procedural technicalities. The Registrar reviewed the record to determine whether there is sufficient evidence to set aside the default in this case. Here, good cause exists to set this matter for a hearing before the Office of Administrative Hearings. Once Respondent was aware of the Registrar’s issuance of a default he promptly sought relief. Respondent further articulated reasons for failing to file a timely answer. Therefore, the Registrar determines that good cause exists to set aside the default. ORDER Based on the foregoing, Respondent’s request to set aside the Final Administrative Decision and Order (Default) is granted. IT IS ORDERED that the discipline ordered to begin December 14, 2023 is quashed. of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877) 692-9762 Lg107 4/21 IT IS FURTHER ORDERED that a hearing be scheduled in the normal course of docketing. A Notice of Hearing will be issued in due course. Dated December 8, 2023. By: /s/ Chance Peterson Chance Peterson General Counsel Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail December 8, 2023 to:

Respondent US Pipelining LLC 1100 Wood Ln Langhorne, PA 19047 Respondent’s Attorney: Murphy Cordier Casale Axel PLC Chase E. Halsey Esq. 4647 N. 32nd Street Suite 150 Phoenix, AZ 85018 Complainant Desert Heat Excavating LLC 20118 N 67th Ave Ste 300-424 Glendale, AZ 85308

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. 2023-10584/

of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877) 692-9762 Lg107 4/21 Mediation Notice

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

The Office of Administrative Hearings is located at 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