2023A-10646-CHC-ROC Notice of Hearing and Packet MAILED

2023A-10646-CHC-ROC · Registrar of Contractors · 2024-01-18

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Kevin Fig , Case No. 2023-10646 COMPLAINANT, Docket No. 2023A-10646-CHC-ROC v. NOTICE OF HEARING ON CONTESTED CASE Simple Elegance of Arizona Inc DBA: Perfect Pool Guys License No. ROC 308720,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

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

If you have requested to appear in-person at the hearing, the hearing will

be held at 1740 W Adams Street, Phoenix, AZ 85007.

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

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

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

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

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

The statutes and rules governing the hearing can be found at: Arizona Revised Statutes §§ 41-1092 to -1092.12, and Arizona Administrative Code R2-19-101 to -122. PARTICULAR ARIZONA STATUTES AND RULES INVOLVED The statutes and rules the Respondent is alleged to have violated are cited in the complaint and citation, which were served on the Respondent on December 15, 2023.

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

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

Charge: 2 A.R.S. § 32-1154(A)(22)

THE PARTIES TO THE ADMINISTRATIVE HEARING Because Respondent is a licensee and is charged with an act(s) or omission(s) that is

cause for the suspension or revocation of a license, Respondent is a party to this case and will

be a party to the hearing.

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

RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney. A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented

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

1156(B).

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

any change of address within five (5) days of the change. A.R.S. § 41-1092.04.

HEARING PROCEDURES AND RULES The administrative hearing will be conducted in accordance with A.R.S. §§ 41-1092

to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and processes governing the administrative hearing. Copies of the statutes, rules, and articles

regarding the administrative hearing process can be found at https://www.azoah.com/.

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

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

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

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

HEARING PACKET In the interests of administrative efficiency, the Registrar compiles and discloses certain documents to the parties and the Office of Administrative Hearings. These documents are attached to this Notice of Hearing as the “Hearing Packet.” If any party wishes to submit additional evidence, they must do so during the hearing after completing a disclosure statement. See “Disclosure Statement” section below.

SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS The parties to the hearing must be prepared to present evidence in support of their case. If a party wants to obtain testimony from a witness or documents not in the party’s possession, the party must prepare and file a written subpoena for the Administrative Law Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com. The party seeking a subpoena must serve notice on all the parties to the hearing, and on the Registrar. A.R.S. § 41-1092.04.

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

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

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

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

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

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

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

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

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

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

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

RESOLUTION SHORT OF ADJUDICATION In any case which is resolved or settled by the parties, or which is withdrawn by the Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of the resolution or settlement. Any such cases will be listed on the Registrar’s website and its records under the category: “Closed Complaints – Resolved/Settled/Withdrawn.” Dated January 18, 2024.

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

Copy mailed via USPS First Class mail January 18, 2024 to: Respondent(s) Simple Elegance of Arizona Inc DBA: Perfect Pool Guys PO Box 13256 Scottsdale, AZ 85267

Complainant(s) Kevin Fig 15216 N 44th Place Phoenix, AZ 85032

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. 2023-10646 /

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

Jobsite Inspection Notes

Case No.: 2023-10646 Investigator: Steve Klein Inspection Date: November 9, 2023 Inspection Time: 10:00 AM

Complainant: Kevin Fig Respondent: Simple Elegance of Arizona Inc

David Keimach

Jobsite General Notes:

Complaint #1 Contractor rarely calls us back or answers questions about the project. We needed help to determine where to source tiles and how much was needed and we never got an answer. When we inquire about next steps or when to expect follow up communication, he states his guys will be able to work on it when they are done with the current project they are on. I have not received a phone call back in at least 3 months when I have consistently requested a call to discuss the project and work being done. Cool decking around the pool edge does not look uniform, it is flat in many spots where it should have texture. It does not have a nice 90 degree bend, and looks chunky and inconsistent when viewed from the length of the pool. I am concerned with the longevity of the work that was done and it looks terrible. The cool deck has a hole it in that was not patched at all. The interior was chipped out for new pebble tech to be installed, but the thin set (concrete?) where the water line tiles previously sat is too thick to simply install the new tile, the new tile would be flush with the coping. I had pointed this out to Dave who said he wasn't sure and thought he would need to send his crew to chip it out. His last comment was stating his tile people were coming, so he is not addressing the issue. ; One of the in floor jets was damaged during the chip out, the collar is set in cement and I assume this will need to be jackhammered out and fixed with new concrete. There are slight cracks inside the skimmers that were not noticed and could lead to future leaking, this should have been pointed out to discuss how to fix. There are cracks in the pool after the chip out occurred and these need to be addressed before pebble tech is installed. There is a massive amount of overspray from the cool decking, much of it on the interior of the pool, which needs to be cleaned up before pebble tech is installed. I was not informed of any updated skimmers we should have on the pool to be up to code, I have learned we should have dual skimmers to make the pool safe from 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

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

drowning risk. ; Some of the pipes near the pool equipment were spray painted in a tan color to match the new equipment, but its not completed painted and there are drips and inconsistent everywhere. We have been dealing with this for 6 MONTHS!! We were initially told up to 12 weeks for completion, the lack of response and help from this contractor, we are now at 6 months waiting for this pool to be completed and it is not even close. Inspector’s Observation: Verified the job is not completed. • Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, local building codes and manufacturer’s installation instructions. Governing Rule:

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

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

Complainant: Kevin Fig 15216 N 44th Place Phoenix, AZ 85032

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: Simple Elegance of Arizona Inc DBA: Perfect Pool Guys PO Box 13256 Scottsdale, AZ 85267

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

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

Jobsite Inspection Notice Re: Complaint Number 2023-10646

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for November 9, 2023 at 10:00 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

COMPLAINANT:

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

RESPONDENT:

1. Enclosed is a copy of the complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity to inspect the work complained of within fifteen days of the date of receipt of this notice. 2. To assist the assigned investigator in evaluating the merits of the complaint, please submit a response to the enclosed complaint to the assigned investigator prior to the scheduled inspection. 3. If you do not attend the jobsite inspection, your absence may negatively impact the investigation, and your interests. 4. If a building permit(s) was required for this project, please have the building permit information available at the jobsite inspection. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

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

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

Sincerely, /s/ Steve Klein #174 Steve Klein #174, Investigator 1700 W. Washington St. Ste 105 Phoenix, AZ 85007-2812 Phone: (602) 689-4987 E-mail: [email redacted]

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

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

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

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

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

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

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

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

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

Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

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

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

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

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

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

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

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

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

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

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Complainant: Kevin Fig 15216 N 44th Place Phoenix, AZ 85032

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: Simple Elegance of Arizona Inc DBA: Perfect Pool Guys PO Box 13256 Scottsdale, AZ 85267

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 13, 2023

License No. ROC 308720

Re:Complaint No. 2023-10646

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on December 13, 2023.

RESTRICTIONS

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

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 not patched at all. The interior was chipped out for new pebble tech to be installed, but the thin set (concrete?) where the water line tiles previously sat is too thick to simply install the new tile, the new tile would be flush with the coping. I had pointed this out to Dave who said he wasn't sure and thought he would need to send his crew to chip it out. His last comment was stating his tile people were coming, so he is not addressing the issue. ; One of the in floor jets was damaged during the chip out, the collar is set in cement and I assume this will need to be jackhammered out and fixed with new concrete. There are slight cracks inside the skimmers that were not noticed and could lead to future leaking, this should have been pointed out to discuss how to fix. There are cracks in the pool after the chip out occurred and these need to be addressed before pebble tech is installed. There is a massive amount of overspray from the cool decking, much of it on the interior of the pool, which needs to be cleaned up before pebble tech is installed. I was not informed of any updated skimmers we should have on the pool to be up to code, I have learned we should have dual skimmers to make the pool safe from drowning risk. ; Some of the pipes near the pool equipment were spray painted in a tan color to match the new equipment, but its not completed painted and there are drips and inconsistent everywhere. We have been dealing with this for 6 MONTHS!! We were initially told up to 12 weeks for completion, the lack of response and help from this contractor, we are now at 6 months waiting for this pool to be completed and it is not even close. Inspector’s Observation: Verified the job is not completed. • Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, local building codes and manufacturer’s installation instructions.

ITEMS NOT REQUIRING CORRECTION

The following complaint items require no action by the Respondent:

Respondent has a B General Residential Contractors license. This license allows to construct and repair swimming pools. All work must be subcontracted out to appropriately licensed contractors.

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

Sincerely, /s/ Steve Klein #174 Steve Klein #174, Investigator 1700 W. Washington St. Ste 105 Phoenix, AZ 85007-2812 Phone: (602) 689-4987 E-mail: [email redacted] 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complainant: Kevin Fig 15216 N 44th Place Phoenix, AZ 85032

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: Simple Elegance of Arizona Inc DBA: Perfect Pool Guys PO Box 13256 Scottsdale, AZ 85267

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 13, 2023

License No. ROC 308720

Re:Complaint No. 2023-10646

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

RESTRICTIONS

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

ITEMS NOT REQUIRING CORRECTION

The following complaint items require no action by the Respondent:

Respondent has a B General Residential Contractors license. This license allows to construct and repair swimming pools. All work must be subcontracted out to appropriately licensed contractors.

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 Complainant: Kevin Fig 15216 N 44th Place Phoenix, AZ 85032

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Respondent: Simple Elegance of Arizona Inc DBA: Perfect Pool Guys PO Box 13256 Scottsdale, AZ 85267

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Directive Compliance Inspection 12-14-23

Case No.: 2023-10646 Investigator: Steve Klein

No Compliance inspection was performed. I received an email from the Complainant stating the contractor did not address the Directive

Compliance Findings:

Complaint #1 Contractor rarely calls us back or answers questions about the project. We needed help to determine where to source tiles and how much was needed and we never got an answer. When we inquire about next steps or when to expect follow up communication, he states his guys will be able to work on it when they are done with the current project they are on. I have not received a phone call back in at least 3 months when I have consistently requested a call to discuss the project and work being done. Cool decking around the pool edge does not look uniform, it is flat in many spots where it should have texture. It does not have a nice 90 degree bend, and looks chunky and inconsistent when viewed from the length of the pool. I am concerned with the longevity of the work that was done and it looks terrible. The cool deck has a hole it in that was not patched at all. The interior was chipped out for new pebble tech to be installed, but the thin set (concrete?) where the water line tiles previously sat is too thick to simply install the new tile, the new tile would be flush with the coping. I had pointed this out to Dave who said he wasn't sure and thought he would need to send his crew to chip it out. His last comment was stating his tile people were coming, so he is not addressing the issue. ; One of the in floor jets was damaged during the chip out, the collar is set in cement and I assume this will need to be jackhammered out and fixed with new concrete. There are slight cracks inside the skimmers that were not noticed and could lead to future leaking, this should have been pointed out to discuss how to fix. There are cracks in the pool after the chip out occurred and these need to be addressed before pebble tech is installed. There is a massive amount of overspray from the cool decking, much of it on the interior of the pool, which needs to be cleaned up before pebble tech is installed. I was not informed of any updated skimmers we should have on the pool to be up to code, I have learned we should have dual skimmers to make the pool safe from drowning risk. ; Some of the pipes near the pool equipment were spray painted in a tan color to match the new equipment, but its not completed painted and there are drips and inconsistent everywhere. We have been dealing with this for 6 MONTHS!! We were initially told up to 12 weeks for completion, the lack of response and help from this contractor, we are now at 6 months waiting for this pool to be completed and it is not even close. Inspector’s Observation: Verified the job is not completed. • Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, local building codes and manufacturer’s installation instructions. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Please review the complaint items listed above. If any of the items have not been corrected at the time of the compliance inspection this complaint will be forwarded to the Registrar’s legal department and a citation may be issued.

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

Sincerely, /s/ Steve Klein #174 Steve Klein #174, Investigator 1700 W. Washington St. Ste 105 Phoenix, AZ 85007-2812 Phone: (602) 689-4987 E-mail: [email redacted]

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

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

Kevin Fig Case No. 2023-10646 COMPLAINANT, v. Simple Elegance of Arizona Inc CITATION License No. ROC 308720,

RESPONDENT.

The Registrar issues this Citation to Simple Elegance of Arizona Inc (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by December 30, 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).

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602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 THE WRITTEN COMPLAINT On September 12, 2023, Kevin Fig (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating: Charge 1: A.R.S. § 32-1154(A)(3) - R4-9-108(a) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

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

If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be of 6

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602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 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. 2023-10646. 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 December 30, 2023. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s of 6

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 8/21 license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an 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). of 6

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602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 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 December 15, 2023. By: /s/ Dylan Warwick Dylan Warwick Legal Department Arizona Registrar of Contractors

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602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, December 15, 2023 to: Respondent Certified Mail No: [number redacted] Simple Elegance of Arizona Inc PO Box 13256 Scottsdale, AZ 85267

Copy mailed by USPS First Class mail this same date to:

Simple Elegance of Arizona Inc PO Box 13256 Scottsdale, AZ 85267 Complainant Kevin Fig 15216 N 44th Place Phoenix, AZ 85032

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. 2023-10646 / <<CreatedBy_DW>

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602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ 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)

Kevin Fig Mailing Address (Enter jobsite in Contract/Project section) City State Zip

15216 N 44th Place Phoenix Arizona 85032 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)

Simple Elegance of Arizona Inc ROC 308720 Street Address City State Zip

PO Box 13256 Scottsdale AZ 85267 Phone Number Email

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

Dave Keimach Contract/Project Information Contract Date Contract Amount Amount Paid

April 11, 2023 $22,856.70 $12,000.00 Date Work Started Date Work Stopped Date Work Was Completed

May 25, 2023 August 8, 2023 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

15216 N 44th Place Phoenix AZ 85032 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 Poor Work I have contacted the contractor by Phone/Text Have you filed a complaint in court? No Has any work been corrected? No

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

The contract was Written All change orders were Written This project was Residential This project involved Other Pool remodel A building permit was obtained by N/A 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)

Contractor rarely calls us back or answers questions about the project. We needed help to determine where to source tiles and how much was needed and we never got an answer. When we inquire about next steps or when to expect follow up communication, he states his guys will be able to work on it when they are done with the current project they are on. I have not received a phone call back in at least 3 months when I have consistently requested a call to discuss the project and work being done. ; Cool decking around the pool edge does not look uniform, it is flat in many spots where it should have texture. It does not have a nice 90 degree bend, and looks chunky and inconsistent when viewed from the length of the pool. I am concerned with the longevity of the work that was done and it looks terrible. ; The cool deck has a hole it in that was not patched at all.; The interior was chipped out for new pebble tech to be installed, but the thin set (concrete?) where the water line tiles previously sat is too thick to simply install the new tile, the new tile would be flush with the coping. I had pointed this out to Dave who said he wasn't sure and thought he would need to send his crew to chip it out. His last comment was stating his tile people were coming, so he is not addressing the issue. ; One of the in floor jets was damaged during the chip out, the collar is set in cement and I assume this will need to be jackhammered out and fixed with new concrete. ; There are slight cracks inside the skimmers that were not noticed and could lead to future leaking, this should have been pointed out to discuss how to fix. ; There are cracks in the pool after the chip out occurred and these need to be addressed before pebble tech is installed. ; There is a massive amount of overspray from the cool decking, much of it on the interior of the pool, which needs to be cleaned up before pebble tech is installed. ; I was not informed of any updated skimmers we should have on the pool to be up to code, I have learned we should have dual skimmers to make the pool safe from drowning risk. ; Some of the pipes near the pool equipment were spray painted in a tan color to match the new equipment, but its not completed painted and there are drips and inconsistent everywhere. ; We have been dealing with this for 6 MONTHS!! We were initially told up to 12 weeks for completion, the lack of response and help from this contractor, we are now at 6 months waiting for this pool to be completed and it is not even close.

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

Kevin Fig \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 Simple Elegance of Arizona, Inc. PO Box 13256 Scottsdale, AZ. 85267

CONTRACT/Project Management (Residential)

DATE: March 30, 2023

E mail: [email redacted]

Owner: Kevin Fig Project Address: 15216 North 44th Place Phoenix, AZ 85032

Dear Kevin,

Thank you for the opportunity to work with you on your current project. I am pleased to submit the following Contract/Proposal for your review. Please feel free to contact me on any questions.

Sincerely,

Dave Simple Elegance of Arizona, Inc. 480-250-2266 [email redacted] SCOPE OF WORK 1. Drain pool/spa and Demo existing interior surface of the pool and spa.

2. Remove all tile at waterline and spa.

3. Remove all fixtures, drains for new fixtures.

4. Repair pool deck cracks and prepare for new acrylic finish.

5. Apply new acrylic finish. Customer to choose standard color selection.

6. Install new diving board.

7. Remove all debris.

8. Prepare base for tile installation. Tav Merida

9. Install new ceramic 6x6 tiles.

10. Install new ¼ round trim tiles. To be chosen by homeowner from standard collection.

11. Grout all tiles.

12. Prepare Interior for mini pebble or radiant fusion TBD by homeowner.

13. Apply interior finish to pool

14. Chemically treat interior.

15. Remove slurry & acid wash.

16. Install all new fittings and code approved drains.

17. Clean all areas of debris and begin filling of pool. (to be monitored by homeowner) ADDITIONAL TERMS AND CONDITIONS 1. Licensed contractors warrant the Work to original Owner against faulty workmanship (2 years standard warranty); Materials are warranted by the manufacturer. If materials are found to be faulty there will be additional labor charges. Contractor’s warranty does not cover: • Preexisting conditions. • Costs of replacing fill water or pool chemicals. • Loss of use of pool. • Loss or damage to the Work arising in whole or in part by events or conditions beyond Contractor’s control including effects of: Acts of God; expansion, contraction, settling or other shifting of soils; abuse or misuse; drying of plaster or pebble stone surface; unsoundness, settling or shifting of pool structure or shell; vandalism; tree roots; excavation too close to pool edge; walls, fences and other structures adjacent to pool or pool deck; excessive irrigation of adjacent land; failure to maintain proper chemistry (including alkalinity, pH level, hardness, buildup of minerals and dissolved solids) of pool fill water as recommended by pool builder or service company; improper use of pool chemicals; use of gas chlorine in pool water; failure to follow start-up procedures recommended by pool builder or service company; failure to regularly and adequately brush down the pool interior surface; and failure to adequately drain the pool. Warranty will be void upon any subsequent modification, alteration, addition to, or removal of, all or any portion of the Work by anyone other than Contractor. EXCEPT AS EXPRESSLY STATED IN THIS CONTRACT, THERE ARE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND OWNER HEREBY WAIVES AND RELEASES CONTRACTOR FROM ALL OTHER WARRANTIES. 2. Owner must ensure there are adequate and proper facilities or areas into which Contractor may safely drain the pool fill water. Contractor is not responsible for damage to Owner’s property or to neighboring property caused by Contractor’s draining of Owner’s existing pool. Owner hereby consents to Contractor’s draining of Owner’s pool under these terms. 3. Contractor is not responsible for damage caused to, or the cost to repair: (a) underground utility lines and pipes, sprinkler and irrigation lines, and other hidden obstructions unless Owner has disclosed to Contractor the precise location of same before the commencement of the Work; and (b) structural cracks, pool light bulbs, in-floor cleaning systems, cleaning heads, or any other preexisting conditions. Owner must ensure that fences and gates meet applicable building and safety codes. 4. Owner must ensure Contractor’s unimpeded access to and adequate power supply at the job site during Contractor’s normal working hours, and hereby grants Contractor and its employees, agents, subcontractors, suppliers, equipment and vehicles permission to enter on and across Owner’s driveways, walkways, lawns and landscaped areas. Contractor is not responsible for the security of Owner’s premises or belongings. Contractor may place its sign in Owner’s front yard, and the sign will remain Contractor’s property. 5. Changes requested by Owner to the Work (a “Change Order”) will not be effective unless: (a) set forth in a writing signed by Contractor and Owner which writing specifies all changes and all additional charges, if any, that result from the Change Order; and (b) Owner has paid the full amount of the additional charges, if any. No other amendment, modification, waiver or discharge of any provision of this Contract will be effective unless set forth in a writing signed by both Contractor and Owner. Texts & e-mails from the appropriate parties shall also be acceptable when acknowledged from both parties. 6. Work completion time will be increased without penalty for any delays caused by events or conditions beyond Contractor’s control including but not limited to: Acts of God; labor shortages or strikes; materials shortages; production errors or delayed delivery by others, change orders requested; and Owner’s breach of this Contract. 7. All prices and charges are, and all payments must be made in, United States Dollars. No payment by Owner or receipt by Contractor of a lesser amount than that required to be paid will be deemed to be anything other than a payment on account; nor will any endorsement or statement on any check or letter accompanying any payment be deemed an accord and satisfaction. Contractor may accept any payment without prejudice to Contractor’s right to recover the balance or pursue any other remedy under this Contract and applicable law. Contractor may apply in Contractor’s sole discretion any monies received from Owner to any sums then owed to Contractor and in such proportions as Contractor may determine, whether for the Contract price, interest, uncollectible check fees, costs of collection or other sums, regardless of how designated by Owner. If any payment by Owner is not collectable by Contractor immediately upon presentment of the check because of insufficient funds, closed account or any other reason, then Owner must, in addition to paying the late payment interest described below, pay an administrative handling fee pertaining to the uncollectible check equal to $50, and Contractor may at its sole option require that payment of any and all subsequent amounts owing to Contractor under this Contract be made by cash, Zelle, wire transfer or cashier’s check. Any attempted payment made with insufficient or otherwise uncollectible funds will be considered as if no payment has been made at all and may, at Contractor’s option, subject Owner to such liability and damages for the tender of an uncollectible check as may be available to Contractor at law or in equity. 8. To compensate Contractor for its costs incurred incident to a late payment, if any payment is not received by Contractor: (a) within 2 days of the due date, Owner must pay a late fee of $50; and (b) within 5 days of the due date, Owner must pay interest on all unpaid amounts (including any unpaid late fee) at the rate of 1½% per month (18% APR) from the original due date until paid, immediately and without the necessity for notice from Contractor. In addition, Contractor may stop its performance of the Work without notice to Owner until payment in full of past due amounts, plus all applicable late fees and interest, is received in cash, wire transfer or cashier’s check; after receiving full payment of past due amounts, Contractor will have as many as 10 business days to resume performance of the Work. The imposition of the late fee and interest will not: excuse late payments, constitute a waiver of Owner’s default with respect to overdue amounts, or prevent or impair Contractor from exercising any other right or remedy available to Contractor. Rather, Owner acknowledges and agrees that late payments will cause Contractor to incur costs and expenses not contemplated by this Contract, the exact amounts of which will be extremely difficult to ascertain, and that the late fee and interest represent a fair estimate of the costs and expenses Contractor will incur by reason of Owner’s late payments. 9. If Owner or his representatives cancels this Contract after the third business day after the date of this transaction for any reason other than Contractor’s breach, or for no reason, then Owner promptly must pay to Contractor a “Cancellation Fee” equal to: (a) 25% of the total contract price if Owner cancels before Contractor commences construction of the Work: or (b) Contractor’s costs of every kind or nature whatsoever incurred through and including the cancellation date plus 10% of Contractor’s costs if Owner cancels after Contractor has commenced construction of the Work. For purposes of determining the Cancellation Fee, Contractor is deemed to have commenced construction of the Work when Contractor first becomes liable for or incurs expenses, such as ordering materials or assigning or hiring laborers. Owner agrees that the Cancellation Fee is reasonable and constitutes liquidated damages, not a penalty. If Owner breaches this Contract, then Contractor may cancel and receive the Cancellation Fee. Contractor may cancel this Contract for any reason or for no reason before Contractor commences construction of the Work and, upon returning the full amount of all monies theretofore paid by Owner, will be released from this Contract. 10. Owner must pay all costs incurred by Contractor including attorneys’ fees and court costs for the enforcement of this Contract and the collection of amounts due under this Contract whether or not suit is brought or, if brought, whether it is prosecuted to final judgment. If either party brings suit against the other arising out of this Contract, then the non-prevailing party must pay the prevailing party’s reasonable attorneys’ fees, court or arbitration costs and other expenses of suit, including any appeal, in connection with the suit. Owner hereby authorizes Contractor to verify Owner’s credit before commencing construction of the Work. 11. This Contract will be governed by and construed and enforced under the substantive laws of the State of Arizona without regard to any conflict of laws or choice of law provisions of Arizona law that could result in the application of the laws of a state other than Arizona. Owner acknowledges that Owner and, if Owner is a legal entity, its officers, directors, shareholders, partners, members, managers, agents, and employees, have had substantial contacts with Contractor in Arizona. Consequently, in connection with or for the purposes of any mediation, arbitration, suit, proceeding, action, or hearing brought to enforce or construe the terms of this Contract or to resolve any claim, Owner on behalf of itself and each of its officers, directors, shareholders, partners, members, managers, agents, and employees hereby irrevocably: (a) submits to the exclusive personal jurisdiction of the courts of the State of Arizona; (b) stipulates that the exclusive venue and location will be Maricopa County, Arizona; and (c) waives any: (i) right to contest venue and jurisdiction in Maricopa County, (ii) right to remove from the courts of the State of Arizona, and (iii) claim that forum, venue, or jurisdiction is invalid or improper. 12. CONTRACTOR AND OWNER HEREBY WAIVE: (a) ANY RIGHT TO TRIAL BY JURY OR TO HAVE A JURY PARTICIPATE IN RESOLVING ANY CLAIM. (b) TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO OR CLAIM FOR ANY PUNITIVE OR EXEMPLARY DAMAGES THAT EITHER PARTY MAY HAVE AGAINST THE OTHER ARISING OUT OF ANY CLAIM. 13. Contractor and Owner agree that any claim either of them might have against the other arising from or related to this Contract must be brought within the later of: (a) one year after the date the act or failure to act by any person occurred; or (b) six months after the date the claimant knew or should have known of the act or failure to act by the party sought to be charged. 14. Time is of the essence with respect to the performance of all terms, conditions and provisions of this Contract. This Contract will inure to the benefit of and will be binding on the parties, their heirs, personal representatives, successors and permitted assigns. Neither this Contract nor any warranty or other rights under this Contract may be assigned or transferred by Owner without Contractor’s prior written consent in Contractor’s sole discretion, and any purported or attempted assignment or transfer not consented to by Contractor is voidable by Contractor. This Contract is for the sole benefit of Contractor, Owner and any permitted assignee, and no third party is intended to be a beneficiary of or have the right to enforce this Contract. The word “including” is not limiting but, instead, will be read as “including, without limitation” or “including, by way of illustration and not limitation” as the context may dictate. This Contract constitutes the entire agreement of Contractor and Owner pertaining to the subject matter of this Contract and supersedes any prior or contemporaneous oral or written agreements and understandings of the parties in connection with the subject matter of this Contract. Notice to Owner and Contractor

1. Do not sign this Contract if any of the spaces intended for the agreed terms to the extent of then available information are left blank.

2. You are entitled to a copy of this Contract at the time you sign it.

3. You may pay off the full unpaid balance due under this Contract at any time, and in doing so you shall be entitled to a full rebate of the unearned finance and insurance charges.

4. You may cancel this Contract at any time prior to midnight of the third business day after the date of this transaction. See the attached Notice of Cancellation form for an explanation of this right.

5. It shall not be legal for Contractor to enter your premises unlawfully or commit any breach of the peace to repossess goods purchased under this Contract.

6. Contractor may withdraw this Contract if not accepted by Owner within 30 days of submission date shown above. Notice of Cancellation Date of Transaction: __________________________

You may cancel this transaction, without any penalty or obligation, within three business days from the above date.

If you cancel, any property traded in, any payments made by you or under the Contract or sale and any negotiable instrument executed by you will be returned within ten business days following receipt by Contractor of your cancellation notice and any security interest arising out of the transaction will be cancelled.

If you cancel you must make available to Contractor at your residence in substantially as good condition as when received, any goods delivered to you under this Contract or sale; or you may, if you wish, comply with the instructions of Contractor regarding the return shipment of the goods at Contractor’s expense and risk.

If you do make the goods available to Contractor and Contractor does not pick them up within twenty days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to Contractor, or if you agree to return the goods to Contractor and fail to do so, then you remain liable for the performance of all obligations under this Contract.

To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice or any other written notice, or send a telegram, to Simple Elegance of Arizona, Inc. at PO Box 13256., Scottsdale, Arizona 85267 not later than midnight of (insert date that is three business days after date of transaction) ____________________.

I hereby cancel this transaction.

Owner’s Printed Name:

Owner’s Signature:

Date of this Cancellation: Simple Elegance of Arizona, Inc. proposes to provide materials and labor per the specifications above for:

Total w/ Mini Pebble interior: $15,919.40 (not including tax)

Total w/ Radiant Fusion interior: $16,975.40 (not including tax) Terms: 50% Down on Owner’s acceptance, 25% prior to chip out, 10% prior to tile installation, 10% prior to interior application, 5% upon completion of all components of this contract.

OPTIONS: Pentair IC 40 salt system $1779.80 plus tax & installation Mastertemp 400 BTU gas heater $4266.90 plus tax & installation Pentair 420 Cartridge filter $1703.90 plus tax & installation Pentair Variable speed 3 HP pump $2088.90 plus tax & installation Rebuild caretaker control $310.00 plus tax All new equipment pricing is based on pricing listed on line, by Leslies Pool, a national corporation.

NOTE: Due to current shortages of certain materials an increased cost of any component of this project prior to completion will be passed on to the homeowner without any surcharge. Should this occur, it will be equal to and will not exceed the increased amount charged to the contractor.

Owner’s initials:

NOTE: This contract is based upon cost plus 10%. If the final cost is less than that quoted a refund will be issued. If the costs exceed the quoted price there will be an adjustment so as to maintain the 10% margin.

Owner’s initials:

This Contract is not binding on Simple Elegance of Arizona, Inc. until accepted and executed by a duly authorized representative in the space provided below:

Simple Elegance of Arizona, Inc.

By: Project Manager Date

OWNER’S ACCEPTANCE: The above prices, specifications and conditions are satisfactory and hereby are accepted. Contractor hereby is authorized to commence the Work as described above. Owner will allow pool to be filled and will provide water.

Owner’s Signature: Date:

Owner’s Printed Name: Simple Elegance of Arizona, Inc. PO Box 13256 Scottsdale, AZ. 85267

CONTRACT/Project Management (Residential)

DATE: June 21, 2023

E mail: [email redacted]

Owner: Kevin Fig Project Address: 15216 North 44th Place Phoenix, AZ 85032

Dear Kevin,

Thank you for the opportunity to work with you on your current project. I am pleased to submit the following Contract/Proposal for your review. Please feel free to contact me on any questions.

Sincerely,

Dave Simple Elegance of Arizona, Inc. 480-250-2266 [email redacted] SCOPE OF WORK 1. Drain pool/spa and Demo existing interior surface of the pool and spa.

2. Remove all tile at waterline and spa.

3. Remove all fixtures, drains for new fixtures.

4. Repair pool deck cracks and prepare for new acrylic finish.

5. Apply new acrylic finish. Customer to choose standard color selection.

6. Install new diving board. (Pricing TBD)

7. Remove all debris.

8. Prepare base for tile installation. Tav Merida

9. Install new ceramic 6x6 tiles.

10. Grout all tiles.

11. Prepare Interior for radiant fusion TBD by homeowner. Std selection

12. Apply interior finish to pool.

13. Chemically treat interior.

14. Remove slurry & acid wash.

15. Install all new fittings and code approved drains.

16. Clean all areas of debris and begin filling of pool. (To be monitored by homeowner)

17. Install IC 40 Pentair salt system.

18. Install Pentair 420 Clean & Clear cartridge filter.

19. Install VSP 3 HP Pentair pool pump.

20. Repair caretaker controlling the pop-up system. ADDITIONAL TERMS AND CONDITIONS 1. Licensed contractors warrant the Work to original Owner against faulty workmanship (2 years standard warranty); Materials are warranted by the manufacturer. If materials are found to be faulty there will be additional labor charges. Contractor’s warranty does not cover: • Preexisting conditions. • Costs of replacing fill water or pool chemicals. • Loss of use of pool. • Loss or damage to the Work arising in whole or in part by events or conditions beyond Contractor’s control including effects of: Acts of God; expansion, contraction, settling or other shifting of soils; abuse or misuse; drying of plaster or pebble stone surface; unsoundness, settling or shifting of pool structure or shell; vandalism; tree roots; excavation too close to pool edge; walls, fences and other structures adjacent to pool or pool deck; excessive irrigation of adjacent land; failure to maintain proper chemistry (including alkalinity, pH level, hardness, buildup of minerals and dissolved solids) of pool fill water as recommended by pool builder or service company; improper use of pool chemicals; use of gas chlorine in pool water; failure to follow start-up procedures recommended by pool builder or service company; failure to regularly and adequately brush down the pool interior surface; and failure to adequately drain the pool. Warranty will be void upon any subsequent modification, alteration, addition to, or removal of, all or any portion of the Work by anyone other than Contractor. EXCEPT AS EXPRESSLY STATED IN THIS CONTRACT, THERE ARE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND OWNER HEREBY WAIVES AND RELEASES CONTRACTOR FROM ALL OTHER WARRANTIES. 2. Owner must ensure there are adequate and proper facilities or areas into which Contractor may safely drain the pool fill water. Contractor is not responsible for damage to Owner’s property or to neighboring property caused by Contractor’s draining of Owner’s existing pool. Owner hereby consents to Contractor’s draining of Owner’s pool under these terms. 3. Contractor is not responsible for damage caused to, or the cost to repair: (a) underground utility lines and pipes, sprinkler and irrigation lines, and other hidden obstructions unless Owner has disclosed to Contractor the precise location of same before the commencement of the Work; and (b) structural cracks, pool light bulbs, in-floor cleaning systems, cleaning heads, or any other preexisting conditions. Owner must ensure that fences and gates meet applicable building and safety codes. 4. Owner must ensure Contractor’s unimpeded access to and adequate power supply at the job site during Contractor’s normal working hours, and hereby grants Contractor and its employees, agents, subcontractors, suppliers, equipment and vehicles permission to enter on and across Owner’s driveways, walkways, lawns and landscaped areas. Contractor is not responsible for the security of Owner’s premises or belongings. Contractor may place its sign in Owner’s front yard, and the sign will remain Contractor’s property. 5. Changes requested by Owner to the Work (a “Change Order”) will not be effective unless: (a) set forth in a writing signed by Contractor and Owner which writing specifies all changes and all additional charges, if any, that result from the Change Order; and (b) Owner has paid the full amount of the additional charges, if any. No other amendment, modification, waiver or discharge of any provision of this Contract will be effective unless set forth in a writing signed by both Contractor and Owner. Texts & e-mails from the appropriate parties shall also be acceptable when acknowledged from both parties. 6. Work completion time will be increased without penalty for any delays caused by events or conditions beyond Contractor’s control including but not limited to: Acts of God; labor shortages or strikes; materials shortages; production errors or delayed delivery by others, change orders requested; and Owner’s breach of this Contract. 7. All prices and charges are, and all payments must be made in, United States Dollars. No payment by Owner or receipt by Contractor of a lesser amount than that required to be paid will be deemed to be anything other than a payment on account; nor will any endorsement or statement on any check or letter accompanying any payment be deemed an accord and satisfaction. Contractor may accept any payment without prejudice to Contractor’s right to recover the balance or pursue any other remedy under this Contract and applicable law. Contractor may apply in Contractor’s sole discretion any monies received from Owner to any sums then owed to Contractor and in such proportions as Contractor may determine, whether for the Contract price, interest, uncollectible check fees, costs of collection or other sums, regardless of how designated by Owner. If any payment by Owner is not collectable by Contractor immediately upon presentment of the check because of insufficient funds, closed account or any other reason, then Owner must, in addition to paying the late payment interest described below, pay an administrative handling fee pertaining to the uncollectible check equal to $50, and Contractor may at its sole option require that payment of any and all subsequent amounts owing to Contractor under this Contract be made by cash, Zelle, wire transfer or cashier’s check. Any attempted payment made with insufficient or otherwise uncollectible funds will be considered as if no payment has been made at all and may, at Contractor’s option, subject Owner to such liability and damages for the tender of an uncollectible check as may be available to Contractor at law or in equity. 8. To compensate Contractor for its costs incurred incident to a late payment, if any payment is not received by Contractor: (a) within 2 days of the due date, Owner must pay a late fee of $50; and (b) within 5 days of the due date, Owner must pay interest on all unpaid amounts (including any unpaid late fee) at the rate of 1½% per month (18% APR) from the original due date until paid, immediately and without the necessity for notice from Contractor. In addition, Contractor may stop its performance of the Work without notice to Owner until payment in full of past due amounts, plus all applicable late fees and interest, is received in cash, wire transfer or cashier’s check; after receiving full payment of past due amounts, Contractor will have as many as 10 business days to resume performance of the Work. The imposition of the late fee and interest will not: excuse late payments, constitute a waiver of Owner’s default with respect to overdue amounts, or prevent or impair Contractor from exercising any other right or remedy available to Contractor. Rather, Owner acknowledges and agrees that late payments will cause Contractor to incur costs and expenses not contemplated by this Contract, the exact amounts of which will be extremely difficult to ascertain, and that the late fee and interest represent a fair estimate of the costs and expenses Contractor will incur by reason of Owner’s late payments. 9. If Owner or his representatives cancels this Contract after the third business day after the date of this transaction for any reason other than Contractor’s breach, or for no reason, then Owner promptly must pay to Contractor a “Cancellation Fee” equal to: (a) 25% of the total contract price if Owner cancels before Contractor commences construction of the Work: or (b) Contractor’s costs of every kind or nature whatsoever incurred through and including the cancellation date plus 10% of Contractor’s costs if Owner cancels after Contractor has commenced construction of the Work. For purposes of determining the Cancellation Fee, Contractor is deemed to have commenced construction of the Work when Contractor first becomes liable for or incurs expenses, such as ordering materials or assigning or hiring laborers. Owner agrees that the Cancellation Fee is reasonable and constitutes liquidated damages, not a penalty. If Owner breaches this Contract, then Contractor may cancel and receive the Cancellation Fee. Contractor may cancel this Contract for any reason or for no reason before Contractor commences construction of the Work and, upon returning the full amount of all monies theretofore paid by Owner, will be released from this Contract. 10. Owner must pay all costs incurred by Contractor including attorneys’ fees and court costs for the enforcement of this Contract and the collection of amounts due under this Contract whether or not suit is brought or, if brought, whether it is prosecuted to final judgment. If either party brings suit against the other arising out of this Contract, then the non-prevailing party must pay the prevailing party’s reasonable attorneys’ fees, court or arbitration costs and other expenses of suit, including any appeal, in connection with the suit. Owner hereby authorizes Contractor to verify Owner’s credit before commencing construction of the Work. 11. This Contract will be governed by and construed and enforced under the substantive laws of the State of Arizona without regard to any conflict of laws or choice of law provisions of Arizona law that could result in the application of the laws of a state other than Arizona. Owner acknowledges that Owner and, if Owner is a legal entity, its officers, directors, shareholders, partners, members, managers, agents, and employees, have had substantial contacts with Contractor in Arizona. Consequently, in connection with or for the purposes of any mediation, arbitration, suit, proceeding, action, or hearing brought to enforce or construe the terms of this Contract or to resolve any claim, Owner on behalf of itself and each of its officers, directors, shareholders, partners, members, managers, agents, and employees hereby irrevocably: (a) submits to the exclusive personal jurisdiction of the courts of the State of Arizona; (b) stipulates that the exclusive venue and location will be Maricopa County, Arizona; and (c) waives any: (i) right to contest venue and jurisdiction in Maricopa County, (ii) right to remove from the courts of the State of Arizona, and (iii) claim that forum, venue, or jurisdiction is invalid or improper. 12. CONTRACTOR AND OWNER HEREBY WAIVE: (a) ANY RIGHT TO TRIAL BY JURY OR TO HAVE A JURY PARTICIPATE IN RESOLVING ANY CLAIM. (b) TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO OR CLAIM FOR ANY PUNITIVE OR EXEMPLARY DAMAGES THAT EITHER PARTY MAY HAVE AGAINST THE OTHER ARISING OUT OF ANY CLAIM. 13. Contractor and Owner agree that any claim either of them might have against the other arising from or related to this Contract must be brought within the later of: (a) one year after the date the act or failure to act by any person occurred; or (b) six months after the date the claimant knew or should have known of the act or failure to act by the party sought to be charged. 14. Time is of the essence with respect to the performance of all terms, conditions and provisions of this Contract. This Contract will inure to the benefit of and will be binding on the parties, their heirs, personal representatives, successors and permitted assigns. Neither this Contract nor any warranty or other rights under this Contract may be assigned or transferred by Owner without Contractor’s prior written consent in Contractor’s sole discretion, and any purported or attempted assignment or transfer not consented to by Contractor is voidable by Contractor. This Contract is for the sole benefit of Contractor, Owner and any permitted assignee, and no third party is intended to be a beneficiary of or have the right to enforce this Contract. The word “including” is not limiting but, instead, will be read as “including, without limitation” or “including, by way of illustration and not limitation” as the context may dictate. This Contract constitutes the entire agreement of Contractor and Owner pertaining to the subject matter of this Contract and supersedes any prior or contemporaneous oral or written agreements and understandings of the parties in connection with the subject matter of this Contract. Notice to Owner and Contractor

1. Do not sign this Contract if any of the spaces intended for the agreed terms to the extent of then available information are left blank.

2. You are entitled to a copy of this Contract at the time you sign it.

3. You may pay off the full unpaid balance due under this Contract at any time, and in doing so you shall be entitled to a full rebate of the unearned finance and insurance charges.

5. It shall not be legal for Contractor to enter your premises unlawfully or commit any breach of the peace to repossess goods purchased under this Contract.

6. Contractor may withdraw this Contract if not accepted by Owner within 30 days of submission date shown above. Notice of Cancellation Date of Transaction: __________________________

You may cancel this transaction, without any penalty or obligation, within three business days from the above date.

I hereby cancel this transaction.

Owner’s Printed Name:

Owner’s Signature:

Date of this Cancellation: Simple Elegance of Arizona, Inc. proposes to provide materials and labor per the specifications above for:

Total w/ Radiant Fusion interior: $20,456.26 (not including tax) Terms: 50% Down on Owner’s acceptance, 25% prior to chip out, 10% prior to tile installation, 10% prior to interior application, 5% upon completion of all components of this contract.

Owner’s initials:

This Contract is not binding on Simple Elegance of Arizona, Inc. until accepted and executed by a duly authorized representative in the space provided below:

Simple Elegance of Arizona, Inc.

By: Project Manager Date

Owner’s Signature: Date:

Owner’s Printed Name: Simple Elegance of Arizona, Inc. PO Box 13256 Scottsdale, AZ. 85267

CONTRACT/Project Management (Residential)

DATE: March 30, 2023

E mail: [email redacted]

Owner: Kevin Fig Project Address: 15216 North 44th Place Phoenix, AZ 85032

Dear Kevin,

Thank you for the opportunity to work with you on your current project. I am pleased to submit the following Contract/Proposal for your review. Please feel free to contact me on any questions.

Sincerely,

Dave Simple Elegance of Arizona, Inc. 480-250-2266 [email redacted] SCOPE OF WORK 1. Drain pool/spa and Demo existing interior surface of the pool and spa.

2. Remove all tile at waterline and spa.

3. Remove all fixtures, drains for new fixtures.

4. Repair pool deck cracks and prepare for new acrylic finish.

5. Apply new acrylic finish. Customer to choose standard color selection.

6. Install new diving board.

7. Remove all debris.

8. Prepare base for tile installation. Tav Merida

9. Install new ceramic 6x6 tiles.

10. Install new ¼ round trim tiles. To be chosen by homeowner from standard collection.

11. Grout all tiles.

12. Prepare Interior for mini pebble or radiant fusion TBD by homeowner.

13. Apply interior finish to pool

14. Chemically treat interior.

15. Remove slurry & acid wash.

16. Install all new fittings and code approved drains.

1. Do not sign this Contract if any of the spaces intended for the agreed terms to the extent of then available information are left blank.

2. You are entitled to a copy of this Contract at the time you sign it.

3. You may pay off the full unpaid balance due under this Contract at any time, and in doing so you shall be entitled to a full rebate of the unearned finance and insurance charges.

5. It shall not be legal for Contractor to enter your premises unlawfully or commit any breach of the peace to repossess goods purchased under this Contract.

6. Contractor may withdraw this Contract if not accepted by Owner within 30 days of submission date shown above. Notice of Cancellation Date of Transaction: __________________________

You may cancel this transaction, without any penalty or obligation, within three business days from the above date.

I hereby cancel this transaction.

Owner’s Printed Name:

Owner’s Signature:

Date of this Cancellation: Simple Elegance of Arizona, Inc. proposes to provide materials and labor per the specifications above for:

Total w/ Mini Pebble interior: $15,919.40 (not including tax)

Owner’s initials:

This Contract is not binding on Simple Elegance of Arizona, Inc. until accepted and executed by a duly authorized representative in the space provided below:

Simple Elegance of Arizona, Inc.

By: Project Manager Date

Owner’s Signature: Date:

Owner’s Printed Name: Simple Elegance of Arizona, Inc. PO Box 13256 Scottsdale, AZ. 85267

CONTRACT/Project Management (Residential)

DATE: June 21, 2023

E mail: [email redacted]

Owner: Kevin Fig Project Address: 15216 North 44th Place Phoenix, AZ 85032

Dear Kevin,

Thank you for the opportunity to work with you on your current project. I am pleased to submit the following Contract/Proposal for your review. Please feel free to contact me on any questions.

Sincerely,

Dave Simple Elegance of Arizona, Inc. 480-250-2266 [email redacted] SCOPE OF WORK 1. Drain pool/spa and Demo existing interior surface of the pool and spa.

2. Remove all tile at waterline and spa.

3. Remove all fixtures, drains for new fixtures.

4. Repair pool deck cracks and prepare for new acrylic finish.

5. Apply new acrylic finish. Customer to choose standard color selection.

6. Install new diving board. (Pricing TBD)

7. Remove all debris.

8. Prepare base for tile installation. Tav Merida

9. Install new ceramic 6x6 tiles.

10. Grout all tiles.

11. Prepare Interior for radiant fusion TBD by homeowner. Std selection

12. Apply interior finish to pool.

13. Chemically treat interior.

14. Remove slurry & acid wash.

15. Install all new fittings and code approved drains.

16. Clean all areas of debris and begin filling of pool. (To be monitored by homeowner)

17. Install IC 40 Pentair salt system.

18. Install Pentair 420 Clean & Clear cartridge filter.

19. Install VSP 3 HP Pentair pool pump.

1. Do not sign this Contract if any of the spaces intended for the agreed terms to the extent of then available information are left blank.

2. You are entitled to a copy of this Contract at the time you sign it.

3. You may pay off the full unpaid balance due under this Contract at any time, and in doing so you shall be entitled to a full rebate of the unearned finance and insurance charges.

5. It shall not be legal for Contractor to enter your premises unlawfully or commit any breach of the peace to repossess goods purchased under this Contract.

6. Contractor may withdraw this Contract if not accepted by Owner within 30 days of submission date shown above. Notice of Cancellation Date of Transaction: __________________________

You may cancel this transaction, without any penalty or obligation, within three business days from the above date.

I hereby cancel this transaction.

Owner’s Printed Name:

Owner’s Signature:

Date of this Cancellation: Simple Elegance of Arizona, Inc. proposes to provide materials and labor per the specifications above for:

Owner’s initials:

This Contract is not binding on Simple Elegance of Arizona, Inc. until accepted and executed by a duly authorized representative in the space provided below:

Simple Elegance of Arizona, Inc.

By: Project Manager Date

Owner’s Signature: Date:

Owner’s Printed Name: [number redacted]ÿ4748ÿ9 ÿÿ ÿ ÿÿ ÿ114088ÿÿÿÿ Received ÿÿ !Legal 12/29/2023 <=>?@A>ÿCÿ<DEFGÿHI=>?@A>JAKLMINMOKPQ

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" !722 #$$#% 2 2&2'()(*!+%'4"(,' -),.,/9%01 &11412&314$!25226.78-0%84%8%9:7!9 %"7 9! "; 121 Received Legal 12/29/2023 Simple Elegnace of Arizona, Inc. PO Box 13256 Scottsdale, AZ. 85267

DATE: December 29, 2023

RE: Written Answer to Citation and Complaint e-mail: [email redacted] Case# 2023-10646

Registrar of Contractors 1700 West Washington Street Ste 105 Phoenix, AZ 85005-8244

To whom it may concern,

In regard to Charge 1, all work was in process and being performed in a professional and workmanlike manner when the complainant filed his complaint and refused us access to the property to continue the work. At no time was there a refusal to perform any portion of the contract or stoppage of work in any manner on the part of Simple Elegance and up- on the initial visit of the inspector there was no specific notation or remarks regarding any of the work being substandard, especially noting that the work had not been completed at that point, so he could not evaluate it properly.

In regard to Charge 2, the written directive was issued on November 13, 2023 and I contacted the complainant on that date to make arrangements to complete the directive within the allotted time period. He allowed access to the property on November 15, 2023 at which time I took pictures so I could forward them to my subcontractors and get them scheduled to complete their work, thereby saving time of having them to arrange to make a site visit.

Upon leaving the property the complainant approached me and asked my intentions. I simply stated we would be completing the scope of work contacted for, evaluate for a possible defect found after the plaster was removed, replace the pop up, fill the fence pole opening in the deck and texture the deck edge. In reference to the deck, he questioned: “What if I don’t like the result?” I informed him that he would be on site while the workers were performing the finish work so he could approve it through the entire process in addition to the fact I would be recording the process to document it. It was at that moment his disposition changed from allowing us to complete the work to him stating: “I don’t know if I trust you to complete the work.”

So as not to be confrontational I informed him I was ready to proceed immediately if he’d like and that he should let me know when he would allow us to have access to complete the work.

Expecting to hear from him, I contacted my decking supervisor and scheduled him for the first week in December. On the 17th I contacted the company I use to repair pop ups and he was available immediately. Also, on the 17th I contacted the company I use to evaluate structural issues and he was available on the 28th of November. Received Legal 12/29/2023 We were willing and able to proceed and comply with the directives. The complainant never made an attempt to contact us to indicate we had his permission to enter his property. Before the end of the time period for completing the directive I once again had all the subs available and contacted the complainant. Received no answer. I then contacted his wife and then finally received an answer that they were not available but still made no mention if he had changed his mind or made any indication that he had.

There was no failure on my part to take appropriate corrective action to comply with the written directive as is indicated in writing and screenshots of texting and/or e-mailing the appropriate subcontractors immediately after the directive was issued so we could remain in compliance. Progress has been voluntarily and deliberately halted by the complainant twice! We are still willing and able to complete the scope of work as documented in the contract once we are granted access to the property.

In reference to the contract, the complainant has violated the contractual agreement made regarding payment. He was to pay an additional 25% of the contracted amount prior to the July 4th holiday for the chip out and 10% prior to tile installation which was scheduled but cancelled by the complainant who denied the crew access. He told me he would get the funds together and provide a check. He was asked twice. We did not stop work, but continued to proceed to the next phase which was the decking and also purchased tile which was delivered on site. We proceeded in good faith. Legally, I had and still have the right to stop all work until the contractual agreement is honored. (Section 8 of additional terms and conditions.)

The original complaint contains lies, exaggerations and misinformation as is very clearly documented in the exhibits previously forwarded to the inspector.

At this time I am requesting an informal settlement conference.

If you have any questions, feel free to contact me.

Sincerely,

David Keimach Simple Elegance of Arizona, Inc. 480-250-2266 [email redacted] Received Legal 12/29/2023 Received Legal 12/29/2023 Received Legal 12/29/2023 Received Legal 12/29/2023 Received Legal 12/29/2023 Received Legal 12/29/2023 Received Legal 12/29/2023 [number redacted]ÿ6731ÿ89 ÿ8ÿ

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722 !22"22#$%9&9!8'()%'!%' *%*70&6903111810+00833,&70&6903111810+00833- 323 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