2023A-10749-CHC-ROC Notice of Hearing and Packet MAILED
2023A-10749-CHC-ROC · Registrar of Contractors · 2024-01-08
REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Charity Cloutier , Case No. 2023-10749 COMPLAINANT, Docket No. 2023A-10749-CHC-ROC v. NOTICE OF HEARING ON CONTESTED CASE Maxtax Reconstruction INC License No. ROC 344276,
RESPONDENT.
This Notice of Hearing is issued under A.R.S. § 41-1092.05(D).
HEARING INFORMATION The hearing is set for:
February 22, 2024 1:00 PM Brian Del Vecchio 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)(3) - R4-9-108(b)
Charge: 3 A.R.S. § 32-1154(A)(22)
THE PARTIES TO THE ADMINISTRATIVE HEARING Because Respondent is a licensee and is charged with an act(s) or omission(s) that is
cause for the suspension or revocation of a license, Respondent is a party to this case and will
be a party to the hearing.
Because Complainant alleged Respondent committed an act(s) or omission(s) that is cause for the suspension or revocation of a license, Complainant is a party to this case and will be a party to the hearing. Respondent and Complainant, as the parties to the hearing, will present evidence and argument to the administrative law judge. The Registrar’s assigned investigator will appear as a witness at the hearing.
RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney. A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented
by an officer or employee if that person satisfies the conditions set forth in A.R.S. § 32-
1156(B).
CHANGE OF ADDRESS Each party must inform the Registrar and the Office of Administrative Hearings of
any change of address within five (5) days of the change. A.R.S. § 41-1092.04.
HEARING PROCEDURES AND RULES The administrative hearing will be conducted in accordance with A.R.S. §§ 41-1092
to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and processes governing the administrative hearing. Copies of the statutes, rules, and articles
regarding the administrative hearing process can be found at https://www.azoah.com/.
REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE
The Registrar’s investigators, employees, and attorneys will appear at the hearing via
video conference or telephone unless requested by a party to appear in-person. Requests for
the Registrar’s investigators, employees, or attorneys to appear in-person must be filed with the Registrar and the Office of Administrative Hearings no later than seven (7) calendar days prior to the hearing date.
HEARING PACKET In the interests of administrative efficiency, the Registrar compiles and discloses certain documents to the parties and the Office of Administrative Hearings. These documents are attached to this Notice of Hearing as the “Hearing Packet.” If any party wishes to submit additional evidence, they must do so during the hearing after completing a disclosure statement. See “Disclosure Statement” section below.
SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS The parties to the hearing must be prepared to present evidence in support of their case. If a party wants to obtain testimony from a witness or documents not in the party’s possession, the party must prepare and file a written subpoena for the Administrative Law Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com. The party seeking a subpoena must serve notice on all the parties to the hearing, and on the Registrar. A.R.S. § 41-1092.04.
DISCLOSURE STATEMENT At least seven calendar days before the hearing, each party must prepare and serve a
disclosure statement on all other parties, and file it with the Office of Administrative Hearings.
A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the
party will use at the hearing. A party’s failure to timely disclose any witness or exhibit, without good cause, may result in the administrative law judge excluding those witnesses or exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is available on the Registrar’s website at https://roc.az.gov/forms/RC-L-800A%20- %20Prehearing%20Disclosure%20Statement%2020191007v4.pdf
CHANGING THE HEARING DATE The date of the hearing may only be advanced or delayed on the agreement of the
parties or on a showing of good cause. A.R.S. § 41-1092.05(C). The date of the hearing may
be changed by filing a written agreement of the parties to change the date of the hearing. The
written agreement must be filed with the Office of Administrative Hearings, directed to the
assigned Administrative Law Judge, and transmitted to the Registrar and all other parties. The
assigned Administrative Law Judge may be found on the Office of Administrative Hearings’ web portal at www.azoah.com If a party would like to move the date of the hearing without agreement of all parties, the party must file a written motion with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmit a copy to the Registrar and all other parties.
The motion must state in detail good cause for why the date of the hearing should be advanced or delayed, and the position of all other parties regarding the advancement or delay. A party may also file a motion asserting a right to an expedited hearing upon a showing of extraordinary circumstances or the possibility of irreparable harm. A.R.S. § 41-1092.05(E).
RESOLUTION SHORT OF ADJUDICATION In any case which is resolved or settled by the parties, or which is withdrawn by the Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of the resolution or settlement. Any such cases will be listed on the Registrar’s website and its records under the category: “Closed Complaints – Resolved/Settled/Withdrawn.” Dated January 9, 2024.
By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail January 9, 2024 to: Respondent(s) Maxtax Reconstruction INC 3033 W Clarendon Ave Ste 201 Phoenix, AZ 85017
Complainant(s) Charity Cloutier 7161 E Rancho Vista Drive #6009 Scottsdale, AZ 85251
Copy sent electronically this same date to: Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar
Case No. 2023-10749 /
Katie Hobbs, Governor Martin Quezada, Director
Hearing Packet FAQ What is the Hearing Packet?
The Hearing Packet is a packet of certain documents collected or issued by the Registrar over the course of its investigation.
Who gets the Hearing Packet?
The Hearing Packet is assembled and distributed to all parties and to the Office of Administrative Hearings (“OAH”) prior to an administrative hearing.
What types of cases does the Registrar prepare a Hearing Packet for?
The Registrar prepares a Hearing Packet for Complainant-Handled Cases and No-Pay Cases. Note: If the Docket Number on the Notice of Hearing contains a “CHC” or “NPC”, your case is a Complainant-Handled Case or a No-Pay Case.
What is in the Hearing Packet?
The Hearing Packet contains essential case-specific documents and at a minimum will include the following documents:
● Original complaint;
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ
Katie Hobbs, Governor Martin Quezada, Director
● Citation; and ● Answer.
The Hearing Packet will also contain the following documents (if applicable):
● Jobsite inspection notices, notes, and photos; ● Written directives; and ● Compliance inspection notices, notes, and photos.
What if there are documents missing from the Hearing Packet?
If there is any evidence you submitted to the Registrar that are not included in the Hearing Packet it is your responsibility to introduce that evidence at the administrative hearing. Note: The administrative law judge assigned to your case does not have access to the entire Registrar record.
If there is additional evidence you submitted to the Registrar during the investigation that you also want to introduce as evidence during your hearing, it is your responsibility to:
● Properly disclose that evidence to the other party; and ● Introduce the evidence during your hearing.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ
Katie Hobbs, Governor Martin Quezada, Director
How do I disclose evidence I intend to use at a Hearing?
You must properly disclose any and all documents and witnesses you intend to use at your hearing according to the Registrar’s Prehearing Disclosure Rules. See Arizona Administrative Code Section R4-9-118.
A sample prehearing disclosure form and instructions are provided to the parties by the Registrar.
How do I obtain documents I previously submitted to the Registrar?
If you previously submitted documents to the Registrar and need a copy of these documents, please contact the Registrar’s Legal Department or submit a public records request at https://roc.force.com/AZRoc/s/roc-public-request.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ
Complainant: Charity Cloutier 7161 E Rancho Vista Drive #6009 Scottsdale, AZ 85251
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Respondent: MAXTAX RECONSTRUCTION INC 3033 W Clarendon Ave Ste 201 Phoenix, AZ 85017
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 21, 2023
Jobsite Inspection Notice Re: Complaint Number 2023-10749
Dear Complainant and Respondent:
A formal complaint has been filed with the Arizona Registrar of Contractors.
A jobsite inspection is scheduled for October 4, 2023 at 9:00 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, Daniel Edwards Daniel Edwards, Investigator #218 602 771 6788 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812
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.
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 you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 A Guide to Written Directives Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.
What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will determine whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.
Written Directives Access: In order to use the administrative process offered by the Registrar, a property owner must provide reasonable access to allow the contractor to fix their work as directed by the Registrar in a Written Directive. Complainants may not put any additional, unnecessary restrictions on the Respondent above and beyond the initial contract requirements agreed upon at the beginning of the project. Respondents are required to make repairs on items identified on any Written Directive, not otherwise restricted by local code or HOA limitations. Complainants must make access available to the Respondent to make the required repairs and failure to provide reasonable access may result in the Registrar dismissing the complaint.
Contractor obligations: The Written Directive will set a deadline for compliance. This is the period of time determined by the Investigator as necessary to complete the items listed in the Directive. ● The deadline for compliance assumes the contractor will promptly begin working on the items listed in the Directive. ● Do not wait. Both parties should communicate quickly to schedule the work.
Extensions: If good cause exists to extend this deadline, either party may submit a written request to the Investigator. The Registrar will review requests for extension and determine if the Directive should be extended.
Manner and method of performance: The Registrar does not provide specific instructions for how to correct poor work. A licensed contractor is expected to have the skill and professionalism to complete the work. Moreover, the complainant may not dictate the manner of repair. If the contractor fails to appropriately correct the work according to the contract, the Registrar will issue a citation.
Compliance Inspection: After the Written Directive expires, the Registrar’s Investigator will contact the complainant to determine if the contractor performed any corrective work. ● If the contractor did corrective work, the Investigator may schedule a Compliance Inspection to determine if the poor work is corrected. ● If the contractor did not perform any corrective work, the Registrar’s Investigator will not do a Compliance Inspection and will determine whether to issue a citation based on the administrative record.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Work performed after the directive ends: After the Directive period ends, a property owner may choose to allow the contractor to continue its work. The Registrar encourages parties to work cooperatively, but cannot require a homeowner to continue to allow a contractor access to the property after the Directive period ends in order for the administrative process to continue. Denying access after the Directive ends is not grounds to close or dismiss a complaint.
Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 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)
Charity Faith Cloutier Mailing Address (Enter jobsite in Contract/Project section) City State Zip
7161 E Rancho Vista Drive #6009 Scottsdale Arizona 85251 Phone Number Email
[number redacted] [email redacted] I consent to receive communications electronically in connection with this case Name of Attorney (if any)
Stephen J Anthony Street Address of Attorney City State Zip
4300 N Miller Rd. Ste 223 Scottsdale Arizona 85251 Phone Number of Attorney Email of Attorney
[number redacted] [email redacted] Contractor Information Name (as shown on contract/invoice) ROC License Number(s)
MAXTAX RECONSTRUCTION INC ROC 342461 Street Address City State Zip
Phone Number Email
[number redacted] [email redacted] Name of Person(s) Representing License
Jose Rueben Cabriales Lopez Contract/Project Information Contract Date Contract Amount Amount Paid
March 3, 2023 $232,700.00 $269,357.50 Date Work Started Date Work Stopped Date Work Was Completed
April 14, 2023 August 15, 2023 Close of Escrow (New Home) Move-In Date (New-Home)
Jobsite Street Address City State Zip
7161 E Rancho Vista Scottsdale AZ 85251 Name of Construction Site Owner Construction Site Name (if applicable)
Phone Number of Construction Site Owner Email of Construction Site Owner
This complaint is for Abandonment;Poor Work I have contacted the contractor by Phone/Text Have you filed a complaint in court? No
RCC099 12/05/18 Page 1 of 2 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees
Has any work been corrected? No
The contract was Written All change orders were Written This project was Residential This project involved 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)
Wrong wiring for multi family space. (plastic instead of metal throughout all pre-wires)
; No pre-plumb over range. ; Didn't install cabinets. They delivered them and laid them on uncovered new flooring. ; Never delivered appliances. ; Didn't install cabinets; Didn't install countertops; Didn't install fireplace.; Didn't install new HVAC but replastered the surrounding area enclosing it.; Never finished interior painting.; Wrong padding for multi-family under all flooring. (tile and hardwood) throughout. Not approved by HOA for soundproof test.; Preformed $27,000 worth of landscaping that was never approved by me or HOA. ; Wrong bathroom fixtures.; Wrong size shower and didn't deliver or install steam shower.; No conduit added where needed in kitchen.
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
Charity Faith Cloutier \complainant1\ \complainantd1\
RCC099 12/05/18 Page 2 of 2 Case no. 2023-10749
Dan Edwards, 10/4/2023 1 7161 E Rancho Vista, Unit 6009 JSI PHOTOS
Non-metallic sheathed cable installed by respondent Case no. 2023-10749
Dan Edwards, 10/4/2023 2 7161 E Rancho Vista, Unit 6009 JSI PHOTOS
Metallic sheathed cable also present Case no. 2023-10749
Dan Edwards, 10/4/2023 3 7161 E Rancho Vista, Unit 6009 JSI PHOTOS
Cabinets have been delivered, not installed. No countertops installed as a result Case no. 2023-10749
Dan Edwards, 10/4/2023 4 7161 E Rancho Vista, Unit 6009 JSI PHOTOS
Cabinets have been delivered, not installed. No countertops installed as a result Case no. 2023-10749
Dan Edwards, 10/4/2023 5 7161 E Rancho Vista, Unit 6009 JSI PHOTOS
General location where the range and related plumbing are to be installed Case no. 2023-10749
Dan Edwards, 10/4/2023 6 7161 E Rancho Vista, Unit 6009 JSI PHOTOS
HVAC appears original, new HVAC unit yet to be installed Case no. 2023-10749
Dan Edwards, 10/4/2023 7 7161 E Rancho Vista, Unit 6009 JSI PHOTOS
Patio landscaping, C reports the HOA has deemed it out of compliance with CCRs Case no. 2023-10749
Dan Edwards, 10/4/2023 8 7161 E Rancho Vista, Unit 6009 JSI PHOTOS
Patio landscaping, C reports the HOA has deemed it out of compliance with CCRs Case no. 2023-10749
Dan Edwards, 10/4/2023 9 7161 E Rancho Vista, Unit 6009 JSI PHOTOS
Hall shower, complainant believes wrong trim installed. Appears to be the pre-existing trim Case no. 2023-10749
Dan Edwards, 10/4/2023 10 7161 E Rancho Vista, Unit 6009 JSI PHOTOS
Master bathroom shower is incomplete. C also believes it is built incorrectly and was supposed to be a steam shower per a change order Case no. 2023-10749
Dan Edwards, 10/4/2023 11 7161 E Rancho Vista, Unit 6009 JSI PHOTOS
Electrical at kitchen is incomplete Jobsite Inspection Notes
Case No.: 2023-10749 Investigator: Daniel Edwards Inspection Date: October 4, 2023 Inspection Time: 9:00 AM
Complainant: Charity Cloutier Respondent: MAXTAX Not Present: RECONSTRUCTION INC Not Present:
Jobsite General Notes:
Present at inspection was Charity Cloutier (complainant) and Ruben Cabriales (President/QP). Photos taken with Canon ELPH digital camera and/or state-issued Google Pixel cell phone camera. Audio recorded with Olympus DM-720 digital voice recorder. Labelled photos included in case attachments labelled "20231004 JSI Photos 2023-10749."
Complaint Item: 1 - Wrong wiring for multi family space. (plastic instead of metal throughout all pre-wires) Investigator’s Observation: Some wiring throughout the condo was observed to be non-metallic sheathed cable. Complainant contends that the wring should have been metal sheathed cable. Property is a high-rise condominium complex and appears to be of either Type I or Type II construction. Per the NEC, structure would appear to require either metallic sheathed cable or sheathed cabling ran through raceways. No local amendments appear to have modified this code. Respondent shall correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Complaint Item: 2 - No pre-plumb over range Investigator’s Observation: Project is incomplete and it was observed that the plumbing at the range has not been completed. Regarding the state of the work, the parties are currently in the midst of a financial dispute over change orders and I am unable to substantiate that the circumstances surrounding this case meet the definition of abandonment. This appears to be a contractual or financial dispute and not a workmanship issue within the Registrar's jurisdiction. Governing Rule: N/A
Complaint Item: 3 - Didn't install cabinets. They delivered them and laid them on uncovered new flooring Investigator’s Observation: Project is incomplete and it was observed that the cabinets have not been installed. Cabinets appear to have been delivered and are being stored on site. Regarding the state of the work, the parties are currently in the midst of a financial dispute over change orders and I am unable to substantiate that the circumstances surrounding this case meet the definition of abandonment. This appears to be a contractual or financial dispute and not a workmanship issue within the Registrar's jurisdiction. Governing Rule: N/A
Complaint Item: 4 - Never delivered appliances Investigator’s Observation: Project is incomplete and it was observed that the appliances have not been installed. Regarding the state of the work, the parties are currently in the midst of a financial dispute over change orders and I am unable to substantiate that the circumstances surrounding this case meet the definition of abandonment. This appears to be a contractual or financial dispute
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
and not a workmanship issue within the Registrar's jurisdiction. Governing Rule: N/A
Complaint Item: 5 - Didn't install cabinets Investigator’s Observation: Allegation is a duplicate of issues addressed in compliance item no. 3. Governing Rule: N/A
Complaint Item: 6 - Didn't install countertops Investigator’s Observation: Project is incomplete and it was observed that the countertops have not been installed. Regarding the state of the work, the parties are currently in the midst of a financial dispute over change orders and I am unable to substantiate that the circumstances surrounding this case meet the definition of abandonment. This appears to be a contractual or financial dispute and not a workmanship issue within the Registrar's jurisdiction. Governing Rule: N/A
Complaint Item: 7 - Didn't install fireplace Investigator’s Observation: Project is incomplete and it was observed that the fireplace has not been installed. Regarding the state of the work, the parties are currently in the midst of a financial dispute over change orders and I am unable to substantiate that the circumstances surrounding this case meet the definition of abandonment. This appears to be a contractual or financial dispute and not a workmanship issue within the Registrar's jurisdiction. Governing Rule: N/A
Complaint Item: 8 - Didn't install new HVAC but replastered the surrounding area enclosing it Investigator’s Observation: New HVAC unit does not appear to have been installed as of date of inspection. Regarding the state of the work, the parties are currently in the midst of a financial dispute over change orders and I am unable to substantiate that the circumstances surrounding this case meet the definition of
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
abandonment. This appears to be a contractual or financial dispute and not a workmanship issue within the Registrar's jurisdiction. Governing Rule: N/A
Complaint Item: 9 - Never finished interior painting Investigator’s Observation: Project is incomplete and it was observed that painting has not been completed. Regarding the state of the work, the parties are currently in the midst of a financial dispute over change orders and I am unable to substantiate that the circumstances surrounding this case meet the definition of abandonment. This appears to be a contractual or financial dispute and not a workmanship issue within the Registrar's jurisdiction. Governing Rule: N/A
Complaint Item: 10 - Wrong padding for multi-family under all flooring. (tile and hardwood) throughout. Not approved by HOA for soundproof test Investigator’s Observation: Underlayment for plank flooring is reportedly not allowed per complainant's HOA. Ultimately, the ROC is unable to enforce HOA requirements and is limited to enforcing the scope of work specified in the contract and any subsequent change orders. No information on file or within the contract specifies that a different type of underlayment was to be installed or that respondent was responsible to coordinate with the HOA regarding the underlying scope of work. Insufficient evidence to substantiate a violation. Governing Rule: N/A
Complaint Item: 11 - Preformed $27,000 worth of landscaping that was never approved by me or HOA Investigator’s Observation: Landscaping was performed at the outdoor patio, however, complainants HOA has reportedly informed her that the work is currently in violation of HOA CCRs. Regarding this, the scope of work completed appears to have been discussed and agreed upon prior to the work commencing. This would appear to be a contractual dispute and not a workmanship issue within
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
the Registrar's jurisdiction. Governing Rule: N/A
Complaint Item: 12 - Wrong bathroom fixtures Investigator’s Observation: Bath/shower trim in the hall bath appear to have been ordered in the wrong color. Respondent shall correct by appropriate means. Governing Rule: 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.
Complaint Item: 13 - Wrong size shower and didn't deliver or install steam shower Investigator’s Observation: Contract and change orders do not appear to make reference to a steam shower or the size of a shower. There is currently insufficient evidence to substantiate the shower is being built outside of the scope of work agreed upon in writing. Insufficient evidence to substantiate a violation. Governing Rule: N/A
Complaint Item: 14 - No conduit added where needed in kitchen Investigator’s Observation: Metallic sheathed cable at the kitchen is reportedly to be repurposed to power the dishwasher. Issue is N/A as this is a work in progress. The end result should meet all applicable standards and codes, however, no specific action is being ordered for this item. Governing Rule: N/A
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
Complainant: Charity Cloutier 7161 E Rancho Vista Drive #6009 Scottsdale, AZ 85251
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Respondent: MAXTAX RECONSTRUCTION INC 3033 W Clarendon Ave Ste 201 Phoenix, AZ 85017
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 October 25, 2023
License No. ROC 342461
Re:Complaint No. 2023-10749
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 November 10, 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:
Compliance Item: 1 - Wrong wiring for multi family space. (plastic instead of metal throughout all pre-wires) Investigator’s Observation: Some wiring throughout the condo was observed to be non-metallic sheathed cable. Complainant contends that the wring should have been metal sheathed cable. Property is a high-rise condominium complex and appears to be of either Type I or Type II construction. Per the NEC, structure would appear to require either metallic
This means the license is suspended for lack of qualifying party, lack of bond, nonrenewal, Recovery Fund payout, or for any reason listed in A.R.S. § 32-1124(F). 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 sheathed cable or sheathed cabling ran through raceways. No local amendments appear to have modified this code. Respondent shall correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item: 12 - Wrong bathroom fixtures Investigator’s Observation: Bath/shower trim in the hall bath appear to have been ordered in the wrong color. Respondent shall correct by appropriate means. Governing Rule: 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.
ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:
Compliance Item: 2 - No pre-plumb over range Investigator’s Observation: Project is incomplete and it was observed that the plumbing at the range has not been completed. Regarding the state of the work, the parties are currently in the midst of a financial dispute related to change orders, allowances and other contractual matters and I am unable to substantiate that the circumstances surrounding this case meet the definition of abandonment. This appears to be a contractual or financial dispute and not a
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 workmanship issue within the Registrar's jurisdiction. Governing Rule:
Compliance Item: 3 - Didn't install cabinets. They delivered them and laid them on uncovered new flooring Investigator’s Observation: Project is incomplete and it was observed that the cabinets have not been installed. Cabinets appear to have been delivered and are being stored on site. Regarding the state of the work, the parties are currently in the midst of a financial dispute related to change orders, allowances and other contractual matters and I am unable to substantiate that the circumstances surrounding this case meet the definition of abandonment. This appears to be a contractual or financial dispute and not a workmanship issue within the Registrar's jurisdiction. Governing Rule:
Compliance Item: 4 - Never delivered appliances Investigator’s Observation: Project is incomplete and it was observed that the appliances have not been installed. Regarding the state of the work, the parties are currently in the midst of a financial dispute related to change orders, allowances and other contractual matters and I am unable to substantiate that the circumstances surrounding this case meet the definition of abandonment. This appears to be a contractual or financial dispute and not a workmanship issue within the Registrar's jurisdiction. Governing Rule:
Compliance Item: 5 - Didn't install cabinets Investigator’s Observation: Allegation is a duplicate of issues addressed in compliance item no. 3. Governing Rule: N/A
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Compliance Item: 6 - Didn't install countertops Investigator’s Observation: Project is incomplete and it was observed that the countertops have not been installed. Regarding the state of the work, the parties are currently in the midst of a financial dispute related to change orders, allowances and other contractual matters and I am unable to substantiate that the circumstances surrounding this case meet the definition of abandonment. This appears to be a contractual or financial dispute and not a workmanship issue within the Registrar's jurisdiction. Governing Rule: N/A
Compliance Item: 7 - Didn't install fireplace Investigator’s Observation: Project is incomplete and it was observed that the fireplace has not been installed. Regarding the state of the work, the parties are currently in the midst of a financial dispute related to change orders, allowances and other contractual matters and I am unable to substantiate that the circumstances surrounding this case meet the definition of abandonment. This appears to be a contractual or financial dispute and not a workmanship issue within the Registrar's jurisdiction. Governing Rule: N/A
Compliance Item: 8 - Didn't install new HVAC but replastered the surrounding area enclosing it Investigator’s Observation: New HVAC unit does not appear to have been installed as of date of inspection. Regarding the state of the work, the parties are currently in the midst of a financial dispute related to change orders, allowances and other contractual matters and I am unable to substantiate that the circumstances surrounding this case meet the definition of abandonment. This appears to be a contractual or financial dispute and not a
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 workmanship issue within the Registrar's jurisdiction. Governing Rule: N/A
Compliance Item: 9 - Never finished interior painting Investigator’s Observation: Project is incomplete and it was observed that painting has not been completed. Regarding the state of the work, the parties are currently in the midst of a financial dispute related to change orders, allowances and other contractual matters and I am unable to substantiate that the circumstances surrounding this case meet the definition of abandonment. This appears to be a contractual or financial dispute and not a workmanship issue within the Registrar's jurisdiction. Governing Rule: N/A
Compliance Item: 10 - Wrong padding for multi-family under all flooring. (tile and hardwood) throughout. Not approved by HOA for soundproof test Investigator’s Observation: Underlayment for plank flooring is reportedly not allowed per complainant's HOA. Ultimately, the ROC is unable to enforce HOA requirements and is limited to enforcing the scope of work specified in the contract and any subsequent change orders. No information on file or within the contract specifies that a different type of underlayment was to be installed or that respondent was responsible to coordinate with the HOA regarding the underlying scope of work. Insufficient evidence to substantiate a violation. Governing Rule: N/A
Compliance Item: 11 - Preformed $27,000 worth of landscaping that was never approved by me or HOA Investigator’s Observation: Landscaping was performed at the outdoor patio, however, complainants HOA has reportedly informed her that the work is currently in violation of HOA CCRs. Regarding this, the scope of work
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 completed appears to have been discussed and agreed upon prior to the work commencing. This would appear to be a contractual dispute and not a workmanship issue within the Registrar's jurisdiction. Governing Rule: N/A
Compliance Item: 13 - Wrong size shower and didn't deliver or install steam shower Investigator’s Observation: Contract and change orders do not appear to make reference to a steam shower or the size of a shower. There is currently insufficient evidence to substantiate the shower is being built outside of the scope of work agreed upon in writing. Insufficient evidence to substantiate a violation. Governing Rule: N/A
Compliance Item: 14 - No conduit added where needed in kitchen Investigator’s Observation: Metallic sheathed cable at the kitchen is reportedly to be repurposed to power the dishwasher. Issue is N/A as this is a work in progress. The end result should meet all applicable standards and codes, however, no specific action is being ordered for this item. Governing Rule: N/A
Please direct all questions regarding this Directive to the undersigned Investigator.
Sincerely,
Daniel Edwards Daniel Edwards, Investigator #218 602 771 6788 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812
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: Charity Cloutier 7161 E Rancho Vista Drive #6009 Scottsdale, AZ 85251
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov
C012 05/21 Respondent: MAXTAX RECONSTRUCTION INC 3033 W Clarendon Ave Ste 201 Phoenix, AZ 85017
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov
C012 05/21 December 1, 2023
Compliance Jobsite Inspection Notice Re: Complaint No. 2023-10749
Dear Complainant and Respondent:
A Compliance Inspection has been scheduled for December 6, 2023 at 09:00 AM to determine the current status of the items listed on the issued Directive.
The Complainant is required to be present for this inspection. The Respondent is encouraged to be present but is not required to attend.
Complainant: SAFE ACCESS IS REQUIRED TO ANY AREA TO BE INSPECTED.
Sincerely,
Daniel Edwards Daniel Edwards, Investigator #218 602 771 6788 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov
C012 05/21 Case no. 2023-10749
Dan Edwards, 12/6/2023 CP 1 7161 E Rancho Vista, Unit 6009 CJSI PHOTOS
Wiring and drywall in the master bedroom have been redone, however, now the J-boxes in the master bedroom are recessed too far into the drywall (NEC 314.20) Case no. 2023-10749
Dan Edwards, 12/6/2023 CP 2 7161 E Rancho Vista, Unit 6009 CJSI PHOTOS
Wiring and drywall in the master bedroom have been redone, however, now the J-boxes in the master bedroom are recessed too far into the drywall (NEC 314.20) Case no. 2023-10749
Dan Edwards, 12/6/2023 CP 3 7161 E Rancho Vista, Unit 6009 CJSI PHOTOS
Wiring and drywall in the master bedroom have been redone, however, now the J-boxes in the master bedroom are recessed too far into the drywall (NEC 314.20) Case no. 2023-10749
Dan Edwards, 12/6/2023 CP 4 7161 E Rancho Vista, Unit 6009 CJSI PHOTOS
Penetrations at the fire wall are not sealed (2021 IBC 714.4) Case no. 2023-10749
Dan Edwards, 12/6/2023 CP 5 7161 E Rancho Vista, Unit 6009 CJSI PHOTOS
J box buried in drywall at kitchen, no access cover installed (2020 NEC 314.29) Case no. 2023-10749
Dan Edwards, 12/6/2023 CP 6 7161 E Rancho Vista, Unit 6009 CJSI PHOTOS
MC wire not secured within 12” of box at kitchen (2020 NEC 330.30) Case no. 2023-10749
Dan Edwards, 12/6/2023 CP 7 7161 E Rancho Vista, Unit 6009 CJSI PHOTOS
Broken MC wiring Case no. 2023-10749
Dan Edwards, 12/6/2023 CP 8 7161 E Rancho Vista, Unit 6009 CJSI PHOTOS
Failed splice, kitchen Case no. 2023-10749
Dan Edwards, 12/6/2023 CP 9 7161 E Rancho Vista, Unit 6009 CJSI PHOTOS
J box at kitchen not strapped (2020 NEC 330.30) Case no. 2023-10749
Dan Edwards, 12/6/2023 CP 10 7161 E Rancho Vista, Unit 6009 CJSI PHOTOS
MC wire not secured within 12” of box, bathroom (2020 NEC 330.30) Case no. 2023-10749
Dan Edwards, 12/6/2023 CP 11 7161 E Rancho Vista, Unit 6009 CJSI PHOTOS
MC wire not secured within 12” of boxes, bathroom (2020 NEC 330.30) Case no. 2023-10749
Dan Edwards, 12/6/2023 CP 12 7161 E Rancho Vista, Unit 6009 CJSI PHOTOS
MC wire not secured within 12” of box, bathroom (2020 NEC 330.30) Case no. 2023-10749
Dan Edwards, 12/6/2023 CP 13 7161 E Rancho Vista, Unit 6009 CJSI PHOTOS
Broken MC sheathing Case no. 2023-10749
Dan Edwards, 12/6/2023 CP 14 7161 E Rancho Vista, Unit 6009 CJSI PHOTOS
J box is not grounded (bathroom) Complainant: Charity Cloutier 7161 E Rancho Vista Drive #6009 Scottsdale, AZ 85251
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Respondent: MAXTAX RECONSTRUCTION INC 3033 W Clarendon Ave Ste 201 Phoenix, AZ 85017
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Case No.: 2023-10749 Investigator: Daniel Edwards #218 Inspection Date: December 6, 2023 Inspection Time: 09:00 AM
Compliance Jobsite General Notes:
Present at inspection was Charity Cloutier (complainant). No representatives for respondent appeared during the inspection. Also present were two acquaintences of the complainant who provided the names Michael and Steve. Photos taken with Canon ELPH digital camera and/or state- issued Google Pixel cell phone camera. Audio recorded with Olympus DM-720 digital voice recorder. Labelled photos included in case attachments labelled "20231206 CJSI Photos 2023-10749."
Compliance Findings:
At compliance inspection, the following observations were made:
• Compliance item no. 1 – Respondent appears to have replaced the non-metallic sheathed wiring with MC (metal clad) wiring, however, multiple issues remain that appear to have been caused by the corrective work performed, such as: Many of the electrical boxes which have been reinstalled are recessed too far into the walls. Penetrations at the fire wall in the master bedroom have not had the annular space filled with any approved materials. Multiple junction boxes are located within the condo walls and no access to these boxes have been provided. MC wiring at multiple boxes is not secured within 12” of the boxes. Multiple instances of broken MC sheathing were observed. Circuits were observed to have failed splices and many boxes are ungrounded. The wiring as observed at the compliance inspection does not appear to meet workmanship standards and appears to violate local building codes. This issue appears to be unresolved.
Governing Rule: - 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. - Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
• Compliance item no. 12 – Respondent submitted proof that the appropriate shower trim materials were ordered prior to the complaint being filed. It appears the trim observed at 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 initial inspection is the original shower trim, and the shower itself has not yet reached the completion milestone where the new trim is able to be installed. This issue appears resolved.
Note:
Please review the complaint items listed above. If any of the items have not been corrected at the time of the compliance inspection this complaint will be forwarded to the Registrar’s legal department and a citation may be issued.
If all items are corrected after receipt of this letter, please notify the Registrar’s legal department by sending a notice of compliance signed by the complainant to fax number (602) 364-0416 or by mail to: Arizona Registrar of Contractors, P.O. Box 18244, Phoenix, Arizona 85005-8244. Sincerely,
Daniel Edwards Daniel Edwards, Investigator #218 602 771 6788 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812
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
Charity Cloutier, Case No. 2023-10749 COMPLAINANT, v. Maxtax Reconstruction INC CITATION License No. ROC 344276, RESPONDENT.
The Registrar issues this Citation to Maxtax Reconstruction 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).
THE WRITTEN COMPLAINT
On September 14, 2023, Charity Cloutier (“Complainant”) filed a written complaint with
the Registrar. A copy of that Complaint is attached to this Citation.
A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT
The Registrar investigated this matter and finds cause to charge Respondent with
violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged
with violating:
Charge 1: A.R.S. § 32-1154(A)(3) - R4-9-108(a)
Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. of 5
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Charge 2: A.R.S. § 32-1154(A)(3) - R4-9-108(b) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Charge 3: A.R.S. § 32-1154(A)(22) Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a reasonable period of time after receiving a written directive from the Registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held.
If the matter proceeds to a hearing and the administrative law judge determines that any
of the charges listed above are supported by a preponderance of the evidence, then
Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be
subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E)
and (F).
FILING A WRITTEN ANSWER
Respondent must appear by filing with the Registrar a written answer to the citation and
complaint showing cause, if any, why Respondent’s license(s) should not be suspended or
revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading
“Written Answer to Citation and Complaint” and should include the case number, which is
Case No. 2023-10749.
How to File a Written Answer: Respondent’s written answer may be submitted in the
following ways:
of 5
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted] The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than December 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 license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. of 5
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not of 5
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated December 15, 2023. By: /s/ Eric Ulinger Eric Ulinger Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, December 15, 2023 to: Respondent Certified Mail No: [number redacted] Maxtax Reconstruction INC 3033 W Clarendon Ave Ste 201 Phoenix, AZ 85017
Copy mailed by USPS First Class mail this same date to:
Respondent Maxtax Reconstruction INC 3033 W Clarendon Ave Ste 201 Phoenix, AZ 85017 Complainant Charity Cloutier 7161 E Rancho Vista Drive #6009 Scottsdale, AZ 85251 Copy sent electronically this same date to:
Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar
Case No. 2023-10749 of 5
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 DocuSign Envelope ID: 6F5A82A3-5AF7-432E-BD0E-181B4BDF18C0
DEMO-removal and disposal of existing bar, cabinets, counters, barn door, etc. $1,200.00 FRAMING-frame opening to be bigger for a bar area $900.00 DRYWALL- repairs from electrical and plumbing, new framing, match existing texture $900.00 ELECTRICAL-run electric for beverage, fridge, lighting, and coffee maker $1,200.00 BAR CABINETS-supply and install lower cabinets with floating shelves, slab door with the veneer wood, color TBD, soft close ($200 hardware allowance) price subject to final design $6,500.00 COUNTERS-supply & install quartz countertops, miter edge ($1,800 slab allowance X 1) $3,500.00 BACKSPLASH- supply and install full quartz slab backsplash ($1800 slab allowance X 1) $2,000.00
DEMO- removal and disposal of doors, etc $400.00 ELECTRICAL-move electric for washer and dryer, location, lighting, etc $900.00 HVAC- move duct for dryer vent $350.00 PLUMBING-move plumbing for washer and dryer $1,200.00 LAUNDRY FRAMING-frame new laundry space to open up for bar $900.00 DRYWALL- repairs from electrical and plumbing, new framing, match existing texture $800.00 APPLIANCES-remove and reinstall washer and dryer $250.00 DOORS-new single door, laundry room door, match existing $600.00
DEMO- removal and disposal of hall bath complete, includes wall tile $1,200.00 PLUMBING-supply and install all new plumbing for bathroom, shower valve, and trim, tub, toilet, vanity faucet, and sink ($2,000 fixture allowance) $4,500.00 ELECTRICAL-supply and install vanity light & can light ($500 fixture allowance) $800.00 DRYWALL-add new drywall after tile removal and any other repairs needed match existing texture $1,200.00 CABINETS- supply and install wood veneer floating, slab door, soft close doors and drawers, color TBD ($200 hardware allowance) price subject to final design $3,200.00 BATH - HALLWAY COUNTERS-supply and install quartz counters, miter edge ($1800 slab allowance X 1) $2,800.00 BACKSPLASH-full counter splash at vanity wall (use vanity slab) $2,200.00 SHOWER BUILD-create and build tub, shower, tile walls, niche ($6.00 ft tile allowance) $6,000.00 FLOORS-supply and install tile floors at bathroom ($6.00 ft tile allowance) $900.00 GLASS-supply and install frameless glass enclosure, hardware color TBD $2,000.00 MISC-supply and install framed mirror and bathroom hardware, TP holder, robe hooks, etc. ($700 fixture allowance) $1,000.00 DocuSign Envelope ID: 6F5A82A3-5AF7-432E-BD0E-181B4BDF18C0
DEMO- removal and disposal of master bath complete, includes wall tile $2,000.00 PLUMBING-supply and install all new plumbing for bathroom, shower valve and trim, toilet, 2 vanity faucet and sink ($2,000 fixture allowance) $4,800.00 ELECTRICAL-supply and install 2 vanity light, 2 can light ($1000 fixture allowance) $1,400.00 DRYWALL-add new drywall after tile removal and any other repairs needed match existing texture $1,900.00 CABINETS- supply and install wood veneer floating, slab door, soft close doors and drawers, color TBD ($300 hardware allowance) price subject to final design $4,200.00 COUNTERS-supply and install quartz counters, miter edge ($1800 slab allowance X 1) $3,500.00 BATH - MASTER BACKSPLASH-full counter splash at vanity wall ($1800 slab allowance) $2,500.00 SHOWER BUILD-create and build walk in shower, tile walls, pan, niche ($6.00 ft tile allowance) $6,500.00 FLOORS-supply and install tile floors at bathroom ($6.00 ft tile allowance) $1,100.00 GLASS-supply and install frameless glass enclosure, hardware color TBD $2,300.00 MISC-install steam shower and additional body jets if chosen (customer to provide steam unit) $5,200.00 DOORS- supply install custom barn door at master bath entry ($1500 door allowance) $2,000.00 MISC-supply and install framed mirror and bathroom hardware, TP holder, robe hooks, etc. ($1000 fixture allowance) $1,800.00
CABINETS-supply and install lower cabinets wood veneer, slab door, soft close doors and drawers, floating shelves ($300 hardware allowance) price subject to final design $5,500.00 COUNTERS-supply and install quartz countertops, square miter edge ($1800 slab allowance X 1) $3,200.00 MASTER BEDROOM ELECTRICAL-wire for beverage fridge and wall mount TV ( hang-customer provided TV) $950.00 DRYWALL- repairs after electrical, match existing texture $300.00 CLOSET- replace closet hardware to black $800.00
DEMO- remove all flooring & baseboards throughout $4,500.00 FLOORS- supply and install hardwood floors throughout ($7.00 ft allowance) $19,000.00 BASEBOARD- supply install 5 in. base throughout $3,200.00 GENERAL INTERIOR PAINT-prep and paint interior complete two tone, Sherwin-Williams paint, colors TBD $4,000.00 DOOR HARDWARE-supply and install door hardware throughout, hinges and door knobs, black ($800 fixture allowance) $2,000.00 HVAC- supply and install package unit, 3 ton (GOODMAN) includes NEST T STAT $8,500.00
METAL-fabricate freestanding metal TV stand structure $1,500.00 OUTDOORS ELECTRICAL-underground electrical for TV (install customer provided tv) $800.00
FINAL CLEAN- complete professional final clean after all Remodel is complete move-in ready $800.00 OTHER CONSTRUCTION FEES- trash fees, dump fees, extra fees for condo elevator stairs etc $1,200.00
Total $232,700.00 DocuSign Envelope ID: 6F5A82A3-5AF7-432E-BD0E-181B4BDF18C0
Payment Schedule 10% deposit upon signing the agreement' $23,270 Due when demo work begins $35,000 Due upon initial material order $50,000 Due when electric and plumbing begins $35,300 Due when applicances are ordered $32,000 Due when flooring and cabinet install begins $29,000 Due when countertop, backsplash, tile work begins $26,000 Due after final touchups and cleaning $2,130 Wiring Instructions Bank [account number redacted] Recipient [account number redacted] Recipient name: Maxtax Reconstruction, Inc. Recipient address: 3033 W Clarendon Ave, Phoenix, AZ 85017-4622
Additional material costs outside of allowances are due at time of order
Client is responsible for providing one parking spot for the duration of the project, and any other costs that are not outlined in this proposal, including plans, permit fees, change orders, HOA fees etc. This proposal does not include the cost of finished materials unless specified above. All modifications to original contracted scope of work will be discussed in person, documented in change order, and submitted to client for approval
Thank you for your business!
Signature ____________________________________________________________________________________________ 3/16/2023 Date ____________________________________________________________________________________________ Charity Cloutier Name ____________________________________________________________________________________________ Daniel Edwards <[email redacted]>
Maxtax inc Charity Cloutier > Wed, Nov 22, 2023 at 9:51 AM To: Daniel Edwards <[email redacted]>
A a follow up to the la t email detailing the out tanding electrical work/i ue , I have retained a new General Contractor who will be available next week to go through the each code violation in detail. I have included my new GC’s contact info. below in the event that you would like to reach out to him to discuss further. Otherwise, he will be reaching out to you on my behalf by the EOB on Wed. 11-29 to review.
Michael Ponce E: [email redacted] P 661 600 8479 Sent from my iPhone
Best, Charity Cloutier CEO/Founder THE STYLED COLLECTION thestyledcollection.com
[Quoted text hidden] Daniel Edwards <[email redacted]>
Maxtax inc RUBEN LOPEZ <[email redacted]> Fri, Nov 17, 2023 at 11:33 AM To: Daniel Edwards <[email redacted]>
[Quoted text hidden]
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Maxtax inc Charity Cloutier < > Wed, Nov 22, 2023 at 8:46 AM To: Daniel Edwards <[email redacted]>
Please see forwarded email with all findings of electrical code violations from an experienced commercial electrician and contractor that have gone through many city in pection
Best, Charity Cloutier CEO/Founder THE STYLED COLLECTION thestyledcollection.com
---------- Forwarded message --------- From: Cesar Guerra-Ponce <[email redacted]> Date: Wed, Nov 22, 2023 at 8:13 AM Subject Re Ma ta inc To: Charity Cloutier < >
Charity,
Here are the major issues found. These are all violations and will need to be fixed. I have pictures to support all findings. We will work together to have ROC come out and address all these code violations.
⁃ Panel Neutral wires are not labeled for which vircuit they belong to. ⁃ Only 1 small appliance circuit listed going to the kitchen (Code requires 2 separate 20A small appliance circuits in the kitchen ⁃ Buried J-box in the kitchen(major code violation /J-boxes MUST be accessible and cannot be buried in a wall ⁃ Buried J-Box is for a microwave circuit with a lead off to the switch box and one to a stubbed out wire in the back of kitchen wall ⁃ Microwave per manufacturer needs to be on a dedicated circuit not shared by anything else ⁃ Wire out to island is MC cable.(Type MC cable is not permitted to be buried in concrete)- This can be addressed with the use of either rubberized MC cable that is suitable for direct burial in concrete or by running a conduit from the kitchen wall to the i land ⁃kitchen wall has broken sheathing on MC cable and concentric KO is broken open (Cable and box will need to be replaced) ⁃ J-box in upper kitchen wall has a failed splice that will need to be fixed and none of the circuits in the box are labeled. Per the NEC code, if two or more circuits are present in a box, all circuits inside that box must be labeled. ⁃Electrical box in fireplace area is not secured and cabling is not strapped ⁃Fireplace is shared on living room circuit and will need a dedicated circuit ⁃Fireplace is going to draw up to 13A and will trip the living room circuit depending on what other loads are used with it. ⁃ Mater bathroom MC cables need strapping. Strapping/securing requirements for type MC cable is within 12” of any termination point and addition supports to allow not more than 6’ between strapping/securing points Ba tet bathroom recep on back of counter wall ha a broken heath on the cable Cable will need to be replaced Bath 1 require trapping on cable for the bo e on the ink wall Bath 1 bo i not grounded All bo e when made up will need a ground crew and to be properly grounded In ma ter bedroom, recep and conce bo e will need to be brought forward Per the NEC code the bo or the mudring if one i u ed cannot be more than 1/4” back from the face of the drywall and/or wall covering ⁃ Two additional buried J-boxes found in kitchen wall (Major code violation. ⁃ Loose wire inside kitchen wall ⁃ I terminated cables are not permitted to be buried in walls ⁃ Cables that touch pipes must be mill taped in kitchen ⁃ Cables for switch boxes in entry and kitchen both require strapping ⁃ Kitchen island circuit is connected to the whip in kitchen wall and is labeled in panel as small appliance circuit.
Respectfully, Michael Guerra Ponce
From: Charity Cloutier > Sent Monday, November 20, 2023 1 08 PM To: [email redacted] <[email redacted]> Subject: Fwd: Maxtax inc
Hi Michael,
Please see the ROA investigators email.
Can you plea e give ome detail of what the contractor did wrong?
Thanks!!
Be t, Charity Cloutier CEO/Founder THE STYLED COLLECTION the tyledcollection com
[Quoted text hidden] Daniel Edwards <[email redacted]>
Daniel Edwards has shared a file "20230921 Jobsite Inspection Notice 2023- 10749.pdf" with you Charity Cloutier Thu, Oct 5, 2023 at 11 52 AM To: Daniel Edwards <[email redacted]>
Hi Daniel,
Thank for coming out and taking the time to in pect my property I have looked and these are the only change orders that were approved by the builder's signature (not mine). I have never heard of a builder just being able to sign your name and self approve all of these change orders without me approving the price etc... and then letting me review and sign my signature. The landscaping change order I never approved, the HOA never approved and the Builder never even approved/ self signed the change order. Melissa (an unlicensed individual) who works for Ruben as his project manager but acts in a way that most people would a ume he' the contractor I believed her to be the contractor on the whole job until ju t recently when Ruben howed up 5 months into construction. He is very hands off and it showed yesterday walking through, he either would flat out lie or state that he wasn't sure or would need to check. If he had actually been working on the project for 6 plus months he would know and also he knew he had an appointment with you 2 weeks ahead but did no due diligence to come prepared except with change orders printed out.
The contractor should be responsible for restoring the patio to how it looked prior to Melissa taking it upon herself to initiate something no one had approved yet. The last text I had with her was asking about tile size, she never got back to me, there was no drawing to review or even a picture of the turf or tile that they used. I was never email texted etc...
BuilderTrend shows the approved Job Title $253,537.50
My bank statement wires show I have paid. $269,357.50 (an overpayment $15,370) Melissa kept telling me I had more money due and in good faith I would make a transfer when asked to not delay anything, but now I see she asked for more than what was due and my last and only text conversation with Ruben he was doing the same thing. Even though no payment was due he was attempting to get more money from me at the threat of not continuing work. There just has been no care or skill provided in my home and it shows just to walk around it.
This is my true account of everything that has transpired over the last 6 months of construction, I'm hoping for some support from the ROC to ensure a positive outcome moving forward.
Thanks again for your time and care for this situation.
Best, Charity Cloutier CEO/Founder THE STYLED COLLECTION thestyledcollection.com
[Quoted text hidden] Daniel Edwards <[email redacted]>
Fwd: 7161 E Rancho Vista me age
RUBEN LOPEZ <[email redacted]> Fri, Oct 27, 2023 at 12:59 PM To: Daniel Edwards <[email redacted]>
---------- Forwarded message --------- From: Charity Cloutier <c > Date Thu, Oct 26, 2023 at 12 01 PM Subject: 7161 E Rancho Vista To: <[email redacted]>
So we received the directive from the ROC and the next step is to file the lawsuit now that we have documentation of a third party inspection. The ROC can only rule in workmanship and because there is no real work done they can only rule in favor for the two items that show work done incorrectly.
As my account shows as of July 19th I had wired $269,357.50 which was more than owed.
Our initial contract that ha my ignature i $234,700 00
There are were change orders that you signed which legally would need the signature of the respective person approving them that bring the total job cost to: $253,537.50
Additionally there is landscaping change order which I never gave the go ahead on since I was still inquiring about tile size (I can send text proof if you would like to see) and was never given the opportunity to go through the proper channels through the HOA. I have emails of Melissa emailing with Mario about landscaping and not waiting for his approval prior to moving forward with it
The real issue that happened in this project was there was an unlicensed person acting as a license contractor for months and month There wa zero communication between you and I and I wa n't even told that Meli a wa n't the contractor until my sister told me after 4.5 months into the project, When I did ask for your number, I reached out to you and there was zero response which it also shows in text history,
With all of this stated, I am giving one last opportunity before I meet with my attorney on Monday morning to start this process that is going to cost us both time and money and anyone can easily just do simple math that I don't owe you.
Even with land caping that I never igned off on nor approved the total would only be around $11,000 and that' for a completely finished project. You were demanding $28,000 to install cabinetry that is more than paid for. Nothing would be owed at this stage of my home to continue completing what has already been paid for deposits.
I will give you until Monday morning to choose if you would like to move forward with your brand and company finishing a project that has been paid to do or start litigating it in court coupled with reviews, BBB complaints, Attorney General filing etc... Proof of an unlawful person conducting themselves as a contractor (there is literally no mention of your name or even referencing there i anyone other than Meli a that i a contractor, he i on all paperwork with the HOA and contract etc...) and proof that builder was signing documents on my behalf without power of attorney.
For me this is principle and ethics at this point I will not keep moving forward with pursuing until this is made right.
If you are willing to make it right as you keep saying you're going to do, then I will eat the landscaping that I never gave full permission on but you would need to start completing my home that has been sitting idle for months. Best, Charity Cloutier CEO/Founder THE STYLED COLLECTION thestyledcollection.com Daniel Edwards <[email redacted]>
Daniel Edwards has shared a file "20230921 Jobsite Inspection Notice 2023- 10749.pdf" with you Charity Cloutier c Thu, Sep 21, 2023 at 2 40 PM To: Daniel Edwards <[email redacted]>
Hi Daniel,
Here are the approved change order (attached) I promi ed and a creen hot howing date and time of "current running total" as of 8-31-23:
Please let me know if you need anything else from me prior to inspection date? i.e. email/ text correspondence etc...
Thanks!
Best, Charity Cloutier CEO/Founder THE STYLED COLLECTION thestyledcollection.com [Quoted text hidden]
Job Price Summary Print copy.pdf 216K Daniel Edwards <[email redacted]>
Fwd: Charity message
Ruben Cabriales <[email redacted]> Thu, Sep 28, 2023 at 2:54 PM To: [email redacted]
---------- Forwarded message --------- From: Melissa Nordqvist <[email redacted]> Date Wed, Sep 27, 2023 at 4 03 PM Subject: Charity To: Ruben Cabriales <[email redacted]>
Sent from my iPhone
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Fwd: Document - Sep 27, 2023 message
Ruben Cabriales <[email redacted]> Thu, Sep 28, 2023 at 2:51 PM To: [email redacted]
---------- Forwarded message --------- From: Melissa Nordqvist <[email redacted]> Date Wed, Sep 27, 2023 at 4 12 PM Subject: Document - Sep 27, 2023 To: Ruben Cabriales <[email redacted]>
Scanned with TurboScan.
Melissa Nordqvist Project Manager & Designer Ma ta Recon truction 602-339-0692
Doc Sep 27 2023 4 09 PM pdf 3359K Daniel Edwards <[email redacted]>
Fwd: Charity’s allowances me age
RUBEN LOPEZ <[email redacted]> Mon, Oct 9, 2023 at 11:40 AM To: Daniel Edwards <[email redacted]>
Good afternoon, One rea on why the amount i o higher then the original contract i that her contract tated he had allowances and most of her allowance was way past the amount. This is a message forward from the project mng that was incharge of this project. Allowance difference plus the change orders. The original contract ONLY budgets for basic appliances and cabinets NOT top brands.
Allowance plus all of the change orders add up.
Forwarded me age From: Melissa Nordqvist <[email redacted]> Date: Wed, Oct 4, 2023 at 6:59 AM Subject: Fwd: Charity’s allowances To Ruben Cabriale ruben@ma ta con truction com , RUBEN LOPEZ
Sent from my iPhone
Begin forwarded message:
From Meli a Nordqvi t meli a@ma ta con truction com Date: October 3, 2023 at 4:54:10 PM MST To: Ruben Cabriales <[email redacted]> Subject: Charity’s allowances
Hi Ruben,
Here’s a list of Charity’s contract allowances, verses actual costs of materials we were requested to provide for her project. These are outside of any change orders we received.
1. Fixtures & Hardware Allowance- $9700 Actual- $11,320 (does not include newly requested tub replacement or change order items)
2. Cabinets Allowances- none as contract states TBD based on final design. Actual- $64,300
3. Slabs Allowance- $19,800 Actual (quoted) $37,400 Fabrication for 11 lab $30,800
4. Appliances Allowance- $25,000 Actual $46,000 (Brands Charity selected are Dacor, SubZero, True and ZLine)
5. Fireplace Allowance $3,000 Actual-$7125
Tile Allowance- $1700 Actual-$3500
Flooring Allowance- $7500 Actual- $9800
She owe u $14,300 before cabinet can be in talled and $18,000 for appliance before they will deliver
Meli a Nordqvi t Project Manager & Designer Maxtax Reconstruction 602-339-0692 DocuSign Envelope ID: 6F5A82A3-5AF7-432E-BD0E-181B4BDF18C0
DEMO-removal and disposal of existing bar, cabinets, counters, barn door, etc. $1,200.00 FRAMING-frame opening to be bigger for a bar area $900.00 DRYWALL- repairs from electrical and plumbing, new framing, match existing texture $900.00 ELECTRICAL-run electric for beverage, fridge, lighting, and coffee maker $1,200.00 BAR CABINETS-supply and install lower cabinets with floating shelves, slab door with the veneer wood, color TBD, soft close ($200 hardware allowance) price subject to final design $6,500.00 COUNTERS-supply & install quartz countertops, miter edge ($1,800 slab allowance X 1) $3,500.00 BACKSPLASH- supply and install full quartz slab backsplash ($1800 slab allowance X 1) $2,000.00
DEMO- removal and disposal of doors, etc $400.00 ELECTRICAL-move electric for washer and dryer, location, lighting, etc $900.00 HVAC- move duct for dryer vent $350.00 PLUMBING-move plumbing for washer and dryer $1,200.00 LAUNDRY FRAMING-frame new laundry space to open up for bar $900.00 DRYWALL- repairs from electrical and plumbing, new framing, match existing texture $800.00 APPLIANCES-remove and reinstall washer and dryer $250.00 DOORS-new single door, laundry room door, match existing $600.00
DEMO- removal and disposal of hall bath complete, includes wall tile $1,200.00 PLUMBING-supply and install all new plumbing for bathroom, shower valve, and trim, tub, toilet, vanity faucet, and sink ($2,000 fixture allowance) $4,500.00 ELECTRICAL-supply and install vanity light & can light ($500 fixture allowance) $800.00 DRYWALL-add new drywall after tile removal and any other repairs needed match existing texture $1,200.00 CABINETS- supply and install wood veneer floating, slab door, soft close doors and drawers, color TBD ($200 hardware allowance) price subject to final design $3,200.00 BATH - HALLWAY COUNTERS-supply and install quartz counters, miter edge ($1800 slab allowance X 1) $2,800.00 BACKSPLASH-full counter splash at vanity wall (use vanity slab) $2,200.00 SHOWER BUILD-create and build tub, shower, tile walls, niche ($6.00 ft tile allowance) $6,000.00 FLOORS-supply and install tile floors at bathroom ($6.00 ft tile allowance) $900.00 GLASS-supply and install frameless glass enclosure, hardware color TBD $2,000.00 MISC-supply and install framed mirror and bathroom hardware, TP holder, robe hooks, etc. ($700 fixture allowance) $1,000.00 DocuSign Envelope ID: 6F5A82A3-5AF7-432E-BD0E-181B4BDF18C0
DEMO- removal and disposal of master bath complete, includes wall tile $2,000.00 PLUMBING-supply and install all new plumbing for bathroom, shower valve and trim, toilet, 2 vanity faucet and sink ($2,000 fixture allowance) $4,800.00 ELECTRICAL-supply and install 2 vanity light, 2 can light ($1000 fixture allowance) $1,400.00 DRYWALL-add new drywall after tile removal and any other repairs needed match existing texture $1,900.00 CABINETS- supply and install wood veneer floating, slab door, soft close doors and drawers, color TBD ($300 hardware allowance) price subject to final design $4,200.00 COUNTERS-supply and install quartz counters, miter edge ($1800 slab allowance X 1) $3,500.00 BATH - MASTER BACKSPLASH-full counter splash at vanity wall ($1800 slab allowance) $2,500.00 SHOWER BUILD-create and build walk in shower, tile walls, pan, niche ($6.00 ft tile allowance) $6,500.00 FLOORS-supply and install tile floors at bathroom ($6.00 ft tile allowance) $1,100.00 GLASS-supply and install frameless glass enclosure, hardware color TBD $2,300.00 MISC-install steam shower and additional body jets if chosen (customer to provide steam unit) $5,200.00 DOORS- supply install custom barn door at master bath entry ($1500 door allowance) $2,000.00 MISC-supply and install framed mirror and bathroom hardware, TP holder, robe hooks, etc. ($1000 fixture allowance) $1,800.00
CABINETS-supply and install lower cabinets wood veneer, slab door, soft close doors and drawers, floating shelves ($300 hardware allowance) price subject to final design $5,500.00 COUNTERS-supply and install quartz countertops, square miter edge ($1800 slab allowance X 1) $3,200.00 MASTER BEDROOM ELECTRICAL-wire for beverage fridge and wall mount TV ( hang-customer provided TV) $950.00 DRYWALL- repairs after electrical, match existing texture $300.00 CLOSET- replace closet hardware to black $800.00
DEMO- remove all flooring & baseboards throughout $4,500.00 FLOORS- supply and install hardwood floors throughout ($7.00 ft allowance) $19,000.00 BASEBOARD- supply install 5 in. base throughout $3,200.00 GENERAL INTERIOR PAINT-prep and paint interior complete two tone, Sherwin-Williams paint, colors TBD $4,000.00 DOOR HARDWARE-supply and install door hardware throughout, hinges and door knobs, black ($800 fixture allowance) $2,000.00 HVAC- supply and install package unit, 3 ton (GOODMAN) includes NEST T STAT $8,500.00
METAL-fabricate freestanding metal TV stand structure $1,500.00 OUTDOORS ELECTRICAL-underground electrical for TV (install customer provided tv) $800.00
FINAL CLEAN- complete professional final clean after all Remodel is complete move-in ready $800.00 OTHER CONSTRUCTION FEES- trash fees, dump fees, extra fees for condo elevator stairs etc $1,200.00
Total $232,700.00 DocuSign Envelope ID: 6F5A82A3-5AF7-432E-BD0E-181B4BDF18C0
Payment Schedule 10% deposit upon signing the agreement' $23,270 Due when demo work begins $35,000 Due upon initial material order $50,000 Due when electric and plumbing begins $35,300 Due when applicances are ordered $32,000 Due when flooring and cabinet install begins $29,000 Due when countertop, backsplash, tile work begins $26,000 Due after final touchups and cleaning $2,130 Wiring Instructions Bank [account number redacted] Recipient [account number redacted] Recipient name: Maxtax Reconstruction, Inc. Recipient address: 3033 W Clarendon Ave, Phoenix, AZ 85017-4622
Additional material costs outside of allowances are due at time of order
Client is responsible for providing one parking spot for the duration of the project, and any other costs that are not outlined in this proposal, including plans, permit fees, change orders, HOA fees etc. This proposal does not include the cost of finished materials unless specified above. All modifications to original contracted scope of work will be discussed in person, documented in change order, and submitted to client for approval
Thank you for your business!
Signature ____________________________________________________________________________________________ 3/16/2023 Date ____________________________________________________________________________________________ Charity Cloutier Name ____________________________________________________________________________________________ DocuSign Envelope ID: 6F5A82A3-5AF7-432E-BD0E-181B4BDF18C0
DEMO-removal and disposal of existing bar, cabinets, counters, barn door, etc. $1,200.00 FRAMING-frame opening to be bigger for a bar area $900.00 DRYWALL- repairs from electrical and plumbing, new framing, match existing texture $900.00 ELECTRICAL-run electric for beverage, fridge, lighting, and coffee maker $1,200.00 BAR CABINETS-supply and install lower cabinets with floating shelves, slab door with the veneer wood, color TBD, soft close ($200 hardware allowance) price subject to final design $6,500.00 COUNTERS-supply & install quartz countertops, miter edge ($1,800 slab allowance X 1) $3,500.00 BACKSPLASH- supply and install full quartz slab backsplash ($1800 slab allowance X 1) $2,000.00
DEMO- removal and disposal of doors, etc $400.00 ELECTRICAL-move electric for washer and dryer, location, lighting, etc $900.00 HVAC- move duct for dryer vent $350.00 PLUMBING-move plumbing for washer and dryer $1,200.00 LAUNDRY FRAMING-frame new laundry space to open up for bar $900.00 DRYWALL- repairs from electrical and plumbing, new framing, match existing texture $800.00 APPLIANCES-remove and reinstall washer and dryer $250.00 DOORS-new single door, laundry room door, match existing $600.00
DEMO- removal and disposal of hall bath complete, includes wall tile $1,200.00 PLUMBING-supply and install all new plumbing for bathroom, shower valve, and trim, tub, toilet, vanity faucet, and sink ($2,000 fixture allowance) $4,500.00 ELECTRICAL-supply and install vanity light & can light ($500 fixture allowance) $800.00 DRYWALL-add new drywall after tile removal and any other repairs needed match existing texture $1,200.00 CABINETS- supply and install wood veneer floating, slab door, soft close doors and drawers, color TBD ($200 hardware allowance) price subject to final design $3,200.00 BATH - HALLWAY COUNTERS-supply and install quartz counters, miter edge ($1800 slab allowance X 1) $2,800.00 BACKSPLASH-full counter splash at vanity wall (use vanity slab) $2,200.00 SHOWER BUILD-create and build tub, shower, tile walls, niche ($6.00 ft tile allowance) $6,000.00 FLOORS-supply and install tile floors at bathroom ($6.00 ft tile allowance) $900.00 GLASS-supply and install frameless glass enclosure, hardware color TBD $2,000.00 MISC-supply and install framed mirror and bathroom hardware, TP holder, robe hooks, etc. ($700 fixture allowance) $1,000.00 DocuSign Envelope ID: 6F5A82A3-5AF7-432E-BD0E-181B4BDF18C0
DEMO- removal and disposal of master bath complete, includes wall tile $2,000.00 PLUMBING-supply and install all new plumbing for bathroom, shower valve and trim, toilet, 2 vanity faucet and sink ($2,000 fixture allowance) $4,800.00 ELECTRICAL-supply and install 2 vanity light, 2 can light ($1000 fixture allowance) $1,400.00 DRYWALL-add new drywall after tile removal and any other repairs needed match existing texture $1,900.00 CABINETS- supply and install wood veneer floating, slab door, soft close doors and drawers, color TBD ($300 hardware allowance) price subject to final design $4,200.00 COUNTERS-supply and install quartz counters, miter edge ($1800 slab allowance X 1) $3,500.00 BATH - MASTER BACKSPLASH-full counter splash at vanity wall ($1800 slab allowance) $2,500.00 SHOWER BUILD-create and build walk in shower, tile walls, pan, niche ($6.00 ft tile allowance) $6,500.00 FLOORS-supply and install tile floors at bathroom ($6.00 ft tile allowance) $1,100.00 GLASS-supply and install frameless glass enclosure, hardware color TBD $2,300.00 MISC-install steam shower and additional body jets if chosen (customer to provide steam unit) $5,200.00 DOORS- supply install custom barn door at master bath entry ($1500 door allowance) $2,000.00 MISC-supply and install framed mirror and bathroom hardware, TP holder, robe hooks, etc. ($1000 fixture allowance) $1,800.00
CABINETS-supply and install lower cabinets wood veneer, slab door, soft close doors and drawers, floating shelves ($300 hardware allowance) price subject to final design $5,500.00 COUNTERS-supply and install quartz countertops, square miter edge ($1800 slab allowance X 1) $3,200.00 MASTER BEDROOM ELECTRICAL-wire for beverage fridge and wall mount TV ( hang-customer provided TV) $950.00 DRYWALL- repairs after electrical, match existing texture $300.00 CLOSET- replace closet hardware to black $800.00
DEMO- remove all flooring & baseboards throughout $4,500.00 FLOORS- supply and install hardwood floors throughout ($7.00 ft allowance) $19,000.00 BASEBOARD- supply install 5 in. base throughout $3,200.00 GENERAL INTERIOR PAINT-prep and paint interior complete two tone, Sherwin-Williams paint, colors TBD $4,000.00 DOOR HARDWARE-supply and install door hardware throughout, hinges and door knobs, black ($800 fixture allowance) $2,000.00 HVAC- supply and install package unit, 3 ton (GOODMAN) includes NEST T STAT $8,500.00
METAL-fabricate freestanding metal TV stand structure $1,500.00 OUTDOORS ELECTRICAL-underground electrical for TV (install customer provided tv) $800.00
FINAL CLEAN- complete professional final clean after all Remodel is complete move-in ready $800.00 OTHER CONSTRUCTION FEES- trash fees, dump fees, extra fees for condo elevator stairs etc $1,200.00
Total $232,700.00 DocuSign Envelope ID: 6F5A82A3-5AF7-432E-BD0E-181B4BDF18C0
Payment Schedule 10% deposit upon signing the agreement' $23,270 Due when demo work begins $35,000 Due upon initial material order $50,000 Due when electric and plumbing begins $35,300 Due when applicances are ordered $32,000 Due when flooring and cabinet install begins $29,000 Due when countertop, backsplash, tile work begins $26,000 Due after final touchups and cleaning $2,130 Wiring Instructions Bank [account number redacted] Recipient [account number redacted] Recipient name: Maxtax Reconstruction, Inc. Recipient address: 3033 W Clarendon Ave, Phoenix, AZ 85017-4622
Additional material costs outside of allowances are due at time of order
Client is responsible for providing one parking spot for the duration of the project, and any other costs that are not outlined in this proposal, including plans, permit fees, change orders, HOA fees etc. This proposal does not include the cost of finished materials unless specified above. All modifications to original contracted scope of work will be discussed in person, documented in change order, and submitted to client for approval
Thank you for your business!
Signature ____________________________________________________________________________________________ 3/16/2023 Date ____________________________________________________________________________________________ Charity Cloutier Name ____________________________________________________________________________________________ Complainant: Charity Cloutier 7161 E Rancho Vista Drive #6009 Scottsdale, AZ 85251
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Respondent: MAXTAX RECONSTRUCTION INC 3033 W Clarendon Ave Ste 201 Phoenix, AZ 85017
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 21, 2023
Jobsite Inspection Notice Re: Complaint Number 2023-10749
Dear Complainant and Respondent:
A formal complaint has been filed with the Arizona Registrar of Contractors.
A jobsite inspection is scheduled for October 4, 2023 at 9:00 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, Daniel Edwards Daniel Edwards, Investigator #218 602 771 6788 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812
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.
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 you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 A Guide to Written Directives Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.
What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will determine whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.
Written Directives Access: In order to use the administrative process offered by the Registrar, a property owner must provide reasonable access to allow the contractor to fix their work as directed by the Registrar in a Written Directive. Complainants may not put any additional, unnecessary restrictions on the Respondent above and beyond the initial contract requirements agreed upon at the beginning of the project. Respondents are required to make repairs on items identified on any Written Directive, not otherwise restricted by local code or HOA limitations. Complainants must make access available to the Respondent to make the required repairs and failure to provide reasonable access may result in the Registrar dismissing the complaint.
Contractor obligations: The Written Directive will set a deadline for compliance. This is the period of time determined by the Investigator as necessary to complete the items listed in the Directive. ● The deadline for compliance assumes the contractor will promptly begin working on the items listed in the Directive. ● Do not wait. Both parties should communicate quickly to schedule the work.
Extensions: If good cause exists to extend this deadline, either party may submit a written request to the Investigator. The Registrar will review requests for extension and determine if the Directive should be extended.
Manner and method of performance: The Registrar does not provide specific instructions for how to correct poor work. A licensed contractor is expected to have the skill and professionalism to complete the work. Moreover, the complainant may not dictate the manner of repair. If the contractor fails to appropriately correct the work according to the contract, the Registrar will issue a citation.
Compliance Inspection: After the Written Directive expires, the Registrar’s Investigator will contact the complainant to determine if the contractor performed any corrective work. ● If the contractor did corrective work, the Investigator may schedule a Compliance Inspection to determine if the poor work is corrected. ● If the contractor did not perform any corrective work, the Registrar’s Investigator will not do a Compliance Inspection and will determine whether to issue a citation based on the administrative record.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Work performed after the directive ends: After the Directive period ends, a property owner may choose to allow the contractor to continue its work. The Registrar encourages parties to work cooperatively, but cannot require a homeowner to continue to allow a contractor access to the property after the Directive period ends in order for the administrative process to continue. Denying access after the Directive ends is not grounds to close or dismiss a complaint.
Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Complainant: Charity Cloutier 7161 E Rancho Vista Drive #6009 Scottsdale, AZ 85251
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Respondent: MAXTAX RECONSTRUCTION INC 3033 W Clarendon Ave Ste 201 Phoenix, AZ 85017
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 October 25, 2023
License No. ROC 342461
Re:Complaint No. 2023-10749
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 November 10, 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:
Compliance Item: 1 - Wrong wiring for multi family space. (plastic instead of metal throughout all pre-wires) Investigator’s Observation: Some wiring throughout the condo was observed to be non-metallic sheathed cable. Complainant contends that the wring should have been metal sheathed cable. Property is a high-rise condominium complex and appears to be of either Type I or Type II construction. Per the NEC, structure would appear to require either metallic
This means the license is suspended for lack of qualifying party, lack of bond, nonrenewal, Recovery Fund payout, or for any reason listed in A.R.S. § 32-1124(F). 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 sheathed cable or sheathed cabling ran through raceways. No local amendments appear to have modified this code. Respondent shall correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item: 12 - Wrong bathroom fixtures Investigator’s Observation: Bath/shower trim in the hall bath appear to have been ordered in the wrong color. Respondent shall correct by appropriate means. Governing Rule: 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.
ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:
Compliance Item: 2 - No pre-plumb over range Investigator’s Observation: Project is incomplete and it was observed that the plumbing at the range has not been completed. Regarding the state of the work, the parties are currently in the midst of a financial dispute related to change orders, allowances and other contractual matters and I am unable to substantiate that the circumstances surrounding this case meet the definition of abandonment. This appears to be a contractual or financial dispute and not a
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 workmanship issue within the Registrar's jurisdiction. Governing Rule:
Compliance Item: 3 - Didn't install cabinets. They delivered them and laid them on uncovered new flooring Investigator’s Observation: Project is incomplete and it was observed that the cabinets have not been installed. Cabinets appear to have been delivered and are being stored on site. Regarding the state of the work, the parties are currently in the midst of a financial dispute related to change orders, allowances and other contractual matters and I am unable to substantiate that the circumstances surrounding this case meet the definition of abandonment. This appears to be a contractual or financial dispute and not a workmanship issue within the Registrar's jurisdiction. Governing Rule:
Compliance Item: 4 - Never delivered appliances Investigator’s Observation: Project is incomplete and it was observed that the appliances have not been installed. Regarding the state of the work, the parties are currently in the midst of a financial dispute related to change orders, allowances and other contractual matters and I am unable to substantiate that the circumstances surrounding this case meet the definition of abandonment. This appears to be a contractual or financial dispute and not a workmanship issue within the Registrar's jurisdiction. Governing Rule:
Compliance Item: 5 - Didn't install cabinets Investigator’s Observation: Allegation is a duplicate of issues addressed in compliance item no. 3. Governing Rule: N/A
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Compliance Item: 6 - Didn't install countertops Investigator’s Observation: Project is incomplete and it was observed that the countertops have not been installed. Regarding the state of the work, the parties are currently in the midst of a financial dispute related to change orders, allowances and other contractual matters and I am unable to substantiate that the circumstances surrounding this case meet the definition of abandonment. This appears to be a contractual or financial dispute and not a workmanship issue within the Registrar's jurisdiction. Governing Rule: N/A
Compliance Item: 7 - Didn't install fireplace Investigator’s Observation: Project is incomplete and it was observed that the fireplace has not been installed. Regarding the state of the work, the parties are currently in the midst of a financial dispute related to change orders, allowances and other contractual matters and I am unable to substantiate that the circumstances surrounding this case meet the definition of abandonment. This appears to be a contractual or financial dispute and not a workmanship issue within the Registrar's jurisdiction. Governing Rule: N/A
Compliance Item: 8 - Didn't install new HVAC but replastered the surrounding area enclosing it Investigator’s Observation: New HVAC unit does not appear to have been installed as of date of inspection. Regarding the state of the work, the parties are currently in the midst of a financial dispute related to change orders, allowances and other contractual matters and I am unable to substantiate that the circumstances surrounding this case meet the definition of abandonment. This appears to be a contractual or financial dispute and not a
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 workmanship issue within the Registrar's jurisdiction. Governing Rule: N/A
Compliance Item: 9 - Never finished interior painting Investigator’s Observation: Project is incomplete and it was observed that painting has not been completed. Regarding the state of the work, the parties are currently in the midst of a financial dispute related to change orders, allowances and other contractual matters and I am unable to substantiate that the circumstances surrounding this case meet the definition of abandonment. This appears to be a contractual or financial dispute and not a workmanship issue within the Registrar's jurisdiction. Governing Rule: N/A
Compliance Item: 10 - Wrong padding for multi-family under all flooring. (tile and hardwood) throughout. Not approved by HOA for soundproof test Investigator’s Observation: Underlayment for plank flooring is reportedly not allowed per complainant's HOA. Ultimately, the ROC is unable to enforce HOA requirements and is limited to enforcing the scope of work specified in the contract and any subsequent change orders. No information on file or within the contract specifies that a different type of underlayment was to be installed or that respondent was responsible to coordinate with the HOA regarding the underlying scope of work. Insufficient evidence to substantiate a violation. Governing Rule: N/A
Compliance Item: 11 - Preformed $27,000 worth of landscaping that was never approved by me or HOA Investigator’s Observation: Landscaping was performed at the outdoor patio, however, complainants HOA has reportedly informed her that the work is currently in violation of HOA CCRs. Regarding this, the scope of work
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 completed appears to have been discussed and agreed upon prior to the work commencing. This would appear to be a contractual dispute and not a workmanship issue within the Registrar's jurisdiction. Governing Rule: N/A
Compliance Item: 13 - Wrong size shower and didn't deliver or install steam shower Investigator’s Observation: Contract and change orders do not appear to make reference to a steam shower or the size of a shower. There is currently insufficient evidence to substantiate the shower is being built outside of the scope of work agreed upon in writing. Insufficient evidence to substantiate a violation. Governing Rule: N/A
Compliance Item: 14 - No conduit added where needed in kitchen Investigator’s Observation: Metallic sheathed cable at the kitchen is reportedly to be repurposed to power the dishwasher. Issue is N/A as this is a work in progress. The end result should meet all applicable standards and codes, however, no specific action is being ordered for this item. Governing Rule: N/A
Please direct all questions regarding this Directive to the undersigned Investigator.
Sincerely,
Daniel Edwards Daniel Edwards, Investigator #218 602 771 6788 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Case no. 2023-10749
Dan Edwards, 10/4/2023 1 7161 E Rancho Vista, Unit 6009 JSI PHOTOS
Non-metallic sheathed cable installed by respondent Case no. 2023-10749
Dan Edwards, 10/4/2023 2 7161 E Rancho Vista, Unit 6009 JSI PHOTOS
Metallic sheathed cable also present Case no. 2023-10749
Dan Edwards, 10/4/2023 3 7161 E Rancho Vista, Unit 6009 JSI PHOTOS
Cabinets have been delivered, not installed. No countertops installed as a result Case no. 2023-10749
Dan Edwards, 10/4/2023 4 7161 E Rancho Vista, Unit 6009 JSI PHOTOS
Cabinets have been delivered, not installed. No countertops installed as a result Case no. 2023-10749
Dan Edwards, 10/4/2023 5 7161 E Rancho Vista, Unit 6009 JSI PHOTOS
General location where the range and related plumbing are to be installed Case no. 2023-10749
Dan Edwards, 10/4/2023 6 7161 E Rancho Vista, Unit 6009 JSI PHOTOS
HVAC appears original, new HVAC unit yet to be installed Case no. 2023-10749
Dan Edwards, 10/4/2023 7 7161 E Rancho Vista, Unit 6009 JSI PHOTOS
Patio landscaping, C reports the HOA has deemed it out of compliance with CCRs Case no. 2023-10749
Dan Edwards, 10/4/2023 8 7161 E Rancho Vista, Unit 6009 JSI PHOTOS
Patio landscaping, C reports the HOA has deemed it out of compliance with CCRs Case no. 2023-10749
Dan Edwards, 10/4/2023 9 7161 E Rancho Vista, Unit 6009 JSI PHOTOS
Hall shower, complainant believes wrong trim installed. Appears to be the pre-existing trim Case no. 2023-10749
Dan Edwards, 10/4/2023 10 7161 E Rancho Vista, Unit 6009 JSI PHOTOS
Master bathroom shower is incomplete. C also believes it is built incorrectly and was supposed to be a steam shower per a change order Case no. 2023-10749
Dan Edwards, 10/4/2023 11 7161 E Rancho Vista, Unit 6009 JSI PHOTOS
Electrical at kitchen is incomplete Complainant: Charity Cloutier 7161 E Rancho Vista Drive #6009 Scottsdale, AZ 85251
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov
C012 05/21 Respondent: MAXTAX RECONSTRUCTION INC 3033 W Clarendon Ave Ste 201 Phoenix, AZ 85017
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov
C012 05/21 December 1, 2023
Compliance Jobsite Inspection Notice Re: Complaint No. 2023-10749
Dear Complainant and Respondent:
A Compliance Inspection has been scheduled for December 6, 2023 at 09:00 AM to determine the current status of the items listed on the issued Directive.
The Complainant is required to be present for this inspection. The Respondent is encouraged to be present but is not required to attend.
Complainant: SAFE ACCESS IS REQUIRED TO ANY AREA TO BE INSPECTED.
Sincerely,
Daniel Edwards Daniel Edwards, Investigator #218 602 771 6788 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov
C012 05/21 Complainant: Charity Cloutier 7161 E Rancho Vista Drive #6009 Scottsdale, AZ 85251
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Respondent: MAXTAX RECONSTRUCTION INC 3033 W Clarendon Ave Ste 201 Phoenix, AZ 85017
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Case No.: 2023-10749 Investigator: Daniel Edwards #218 Inspection Date: December 6, 2023 Inspection Time: 09:00 AM
Compliance Jobsite General Notes:
Present at inspection was Charity Cloutier (complainant). No representatives for respondent appeared during the inspection. Also present were two acquaintences of the complainant who provided the names Michael and Steve. Photos taken with Canon ELPH digital camera and/or state- issued Google Pixel cell phone camera. Audio recorded with Olympus DM-720 digital voice recorder. Labelled photos included in case attachments labelled "20231206 CJSI Photos 2023-10749."
Compliance Findings:
At compliance inspection, the following observations were made:
• Compliance item no. 1 – Respondent appears to have replaced the non-metallic sheathed wiring with MC (metal clad) wiring, however, multiple issues remain that appear to have been caused by the corrective work performed, such as: Many of the electrical boxes which have been reinstalled are recessed too far into the walls. Penetrations at the fire wall in the master bedroom have not had the annular space filled with any approved materials. Multiple junction boxes are located within the condo walls and no access to these boxes have been provided. MC wiring at multiple boxes is not secured within 12” of the boxes. Multiple instances of broken MC sheathing were observed. Circuits were observed to have failed splices and many boxes are ungrounded. The wiring as observed at the compliance inspection does not appear to meet workmanship standards and appears to violate local building codes. This issue appears to be unresolved.
Governing Rule: - 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. - Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
• Compliance item no. 12 – Respondent submitted proof that the appropriate shower trim materials were ordered prior to the complaint being filed. It appears the trim observed at 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 initial inspection is the original shower trim, and the shower itself has not yet reached the completion milestone where the new trim is able to be installed. This issue appears resolved.
Note:
Please review the complaint items listed above. If any of the items have not been corrected at the time of the compliance inspection this complaint will be forwarded to the Registrar’s legal department and a citation may be issued.
If all items are corrected after receipt of this letter, please notify the Registrar’s legal department by sending a notice of compliance signed by the complainant to fax number (602) 364-0416 or by mail to: Arizona Registrar of Contractors, P.O. Box 18244, Phoenix, Arizona 85005-8244. Sincerely,
Daniel Edwards Daniel Edwards, Investigator #218 602 771 6788 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Case no. 2023-10749
Dan Edwards, 12/6/2023 CP 1 7161 E Rancho Vista, Unit 6009 CJSI PHOTOS
Wiring and drywall in the master bedroom have been redone, however, now the J-boxes in the master bedroom are recessed too far into the drywall (NEC 314.20) Case no. 2023-10749
Dan Edwards, 12/6/2023 CP 2 7161 E Rancho Vista, Unit 6009 CJSI PHOTOS
Wiring and drywall in the master bedroom have been redone, however, now the J-boxes in the master bedroom are recessed too far into the drywall (NEC 314.20) Case no. 2023-10749
Dan Edwards, 12/6/2023 CP 3 7161 E Rancho Vista, Unit 6009 CJSI PHOTOS
Wiring and drywall in the master bedroom have been redone, however, now the J-boxes in the master bedroom are recessed too far into the drywall (NEC 314.20) Case no. 2023-10749
Dan Edwards, 12/6/2023 CP 4 7161 E Rancho Vista, Unit 6009 CJSI PHOTOS
Penetrations at the fire wall are not sealed (2021 IBC 714.4) Case no. 2023-10749
Dan Edwards, 12/6/2023 CP 5 7161 E Rancho Vista, Unit 6009 CJSI PHOTOS
J box buried in drywall at kitchen, no access cover installed (2020 NEC 314.29) Case no. 2023-10749
Dan Edwards, 12/6/2023 CP 6 7161 E Rancho Vista, Unit 6009 CJSI PHOTOS
MC wire not secured within 12” of box at kitchen (2020 NEC 330.30) Case no. 2023-10749
Dan Edwards, 12/6/2023 CP 7 7161 E Rancho Vista, Unit 6009 CJSI PHOTOS
Broken MC wiring Case no. 2023-10749
Dan Edwards, 12/6/2023 CP 8 7161 E Rancho Vista, Unit 6009 CJSI PHOTOS
Failed splice, kitchen Case no. 2023-10749
Dan Edwards, 12/6/2023 CP 9 7161 E Rancho Vista, Unit 6009 CJSI PHOTOS
J box at kitchen not strapped (2020 NEC 330.30) Case no. 2023-10749
Dan Edwards, 12/6/2023 CP 10 7161 E Rancho Vista, Unit 6009 CJSI PHOTOS
MC wire not secured within 12” of box, bathroom (2020 NEC 330.30) Case no. 2023-10749
Dan Edwards, 12/6/2023 CP 11 7161 E Rancho Vista, Unit 6009 CJSI PHOTOS
MC wire not secured within 12” of boxes, bathroom (2020 NEC 330.30) Case no. 2023-10749
Dan Edwards, 12/6/2023 CP 12 7161 E Rancho Vista, Unit 6009 CJSI PHOTOS
MC wire not secured within 12” of box, bathroom (2020 NEC 330.30) Case no. 2023-10749
Dan Edwards, 12/6/2023 CP 13 7161 E Rancho Vista, Unit 6009 CJSI PHOTOS
Broken MC sheathing Case no. 2023-10749
Dan Edwards, 12/6/2023 CP 14 7161 E Rancho Vista, Unit 6009 CJSI PHOTOS
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!722" ## $"2" 2%2&'()*+$,"# -0)."/.09!1 3 0#2 3 141$0 5%2)2 26789.0$94$9$:/8!: $8 :!" ; 020 Received Legal 12/27/2023
WRITTEN ANSWER TO CITATION CASE NO. 2023-10749
TO THE ROC, IN REGARDS TO THE COMPLAINT FILED BY CHARITY CLOUTIER IM TRYING TO FIX THE ISSUE AND WE ARE CURRENTLY WORKING THROUGH THE DISPUTE WITH OUR LAWYERS. MY COMPANY IS FAIRLY NEW IT’S MY FIRST YEAR AS A B-3 LICENSED CONTRACTOR I CAN ASURE YOU THIS WILL NOT HAPPEN AGAIN IM LEARNING FROM MY MISTAKE. I PLEAD WITH THE ROC TO PLEASE TAKE THIS INTO CONSIDERATION IN NOT SUSPENDING OR REVOKING MY LICENSE. I DID NOT ABANDON THE JOB AS THE COMPLAINT STATED, THERE WAS A FINANCIAL DISPUTE. I AM ASKING FOR A SECOND OPPORTUNITY IN HOPES OF KEEPING MY B-3 LICENSE ACTIVE AS I WILL BE MORE VIGILANT IN MAKING SURE THE TRADES GET DONE PROPERLY. I DO NOT WISH FOR A HEARING OR TO TAKE THIS MATTER ANY FURTHER BUT AS I STATED I DO LOOK FORWARD FOR A SECOND OPPORTUNITY.
SINCERALY, MAXTAX RECONSTRUCTION INC. LICENSE NO. ROC 344276 JOSE R. CABRIALES LOPEZ
GEOLOGY 101 REPORT !1 Mediation Notice
Mediation Services Mediation services are available to the parties. What is Mediation? Mediation is a method of resolving disputes where the parties can end conflict without the expense and time associated with the full administrative process. Who Participates in During mediation, a mediator will attempt to help the Mediation? parties find an optimal solution to the conflict. Both parties must agree to participate in mediation, and both parties must bring a representative to mediation that has full authority to settle the entire matter. Mediation Is Not Neither the Registrar nor the Office of Administrative Mandatory Hearings will penalize a party for not agreeing to mediation. Where do the Parties The parties will meet at the Office of Administrative Meet for Mediation? Hearings to participate in mediation.
The Office of Administrative Hearings is located at 1400 West Washington, Suite 101, Phoenix, Arizona 85007. When does Mediation can occur after the Registrar issues a citation, but Mediation Occur? before the administrative hearing. Why Should Parties Mediation can be an alternative to the full administrative Consider Mediation? process. Mediation is beneficial because it is (1) time- efficient, (2) cost-effective, (3) confidential, and (4) capable of providing flexible solutions to complex problems. How to Request If the parties wish to mediate this case, they must file a Joint Mediation Request for Mediation with the Office of Administrative Hearings. A Joint Request for Mediation is included with this Mediation Notice. REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA _________________________ Case No. _______________ COMPLAINANT,
v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.
REQUEST
The parties jointly request that this matter be referred to mediation in the Office of Administrative Hearings (OAH). ☐ This matter is set for hearing on __________________(date). ☐ This matter is not currently set for hearing. MEDIATION AGREEMENT By requesting this mediation and signing below, the parties understand, represent, and agree: 1. The parties are prepared to commence mediation and will be ready for mediation on _____________________(date); 2. The parties will participate in the mediation process in good faith; 3. This request for mediation is not intended to hinder or delay administrative proceedings; 4. No party will contend that the mediation limits the power of OAH and its administrative law judges to conduct an administrative hearing and issue decisions under A.R.S. §§ 41-1092 – 1092.12; 5. The parties will be courteous and respectful throughout the mediation process to all participants; 6. The mediation is completely voluntary and the principal purpose is to allow the parties a full and fair opportunity to discuss settlement; of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 7. The mediator may conduct joint and separate meetings with the parties and may suggest resolutions to the parties’ dispute, but the mediator has no authority to impose a settlement upon the parties; 8. The mediation process is confidential. Communications made, material created for or used during, and acts occurring during mediation are confidential and may not be discovered or admitted into evidence in any proceeding except as provided by A.R.S. § 12-2238; 9. The mediator is not subject to service of process or a subpoena to produce evidence or to testify regarding any evidence or occurrence relating to the mediation except as provided in A.R.S. § 12-2238(C); 10. Neither the mediator, nor the Registrar of Contractors, nor the Office of Administrative Hearings is subject to civil liability for any act or omission in connection with any mediation service or activity except for acts involving
intentional misconduct or reckless disregard of a substantial risk of injury to the rights of others; 11. Throughout the mediation process, each party must have a representative present who will have full settlement authority to settle all claims at issue in the administrative
proceeding. 12. The mediation process will terminate when: a. The parties reach settlement; b. The mediator determines that further efforts at mediation are no longer likely
to achieve a settlement; or c. One of the parties withdraws from mediation. _____________________________________ _______________________ Complainant (or representative) Date
_____________________________________ _______________________ Respondent (or representative) Date
of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 PREHEARING DISCLOSURE STATEMENT INSTRUCTIONS ***DO NOT SUBMIT THESE INSTRUCTIONS WITH THE PREHEARING DISCLOSURE FORM***
ADMINISTRATIVE RULES A copy of the Arizona Administrative Code’s Rules for the Registrar of Contractors can be located on the Registrar’s Website.
PREHEARING DISCLOSURE REQUIREMENT Under A.A.C. R4-9-118(A), before a hearing, the parties must prepare a disclosure statement. The disclosure statement must contain: • A list of all the witnesses the party will call to testify, including the witnesses’ contact information and a brief description of the subject matter of the witnesses’ expected testimony; and • A list of all the exhibits that the party will use at the hearing.
FILE PREHEARING DISCLOSURE STATEMENTS • The Prehearing Disclosure Statements and Exhibits may be submitted to the Arizona Office of Administrative Hearings using any of the following: • Electronically: https://portal.azoah.com/submission/ • In-Person or by Mail: 1740 West Adams Street, Lower Level, Phoenix, Arizona 85007
EXCHANGING DISCLOSURE STATEMENTS AND EXHIBITS Under A.A.C. R4-9-118(B) (effective November 5, 2017), a party to the hearing must serve on every other party and file with the Office of Administrative Hearings a copy of: • The disclosure statement; and, • Any exhibit that the party will use at the hearing. Service: The disclosure statement and exhibits must be served on all parties in accordance with Arizona Administrative Code R2-19-108 Filing Documents. Under A.A.C. R2-19-108, service is completed by: • Personal delivery; • 1st class, certified or express mail; or • Facsimile. Timing: The disclosure statement and the exhibits must be served and filed not less than seven calendar days before the date of the hearing. Under A.A.C. R2-19-108, a document is served on a party: • On the date it is personally served; • Five days after it is mailed by express or 1st class mail; • On the date of the return receipt if it is mailed by certified mail; or • On the date indicated on the facsimile transmission.
CONSEQUENCES FOR FAILING TO DISCLOSE Under A.A.C. R4-9-108(C), if a witness or an exhibit is not timely disclosed as required the rules, and good cause for the failure to disclose is not shown, then the administrative law judge may: • Order that certain witnesses or exhibits not be used at the hearing; • Order that a particular fact is or is not established for the record; or, • Order that a charge, a defense, a claim, or some portion thereof, be dismissed.
Form RC-L-800A Prehearing Disclosure Statement Rev. 10/08/2019 Instructions Form PREHEARING DISCLOSURE STATEMENT FORM RC-L-800A
PART 1: WITNESS LIST DOCKET NO. Under A.A.C. R4-9-118(A), before a hearing, a party must prepare a disclosure statement containing a list of all the witnesses the party will call to testify, including the witnesses’ contact information and a brief description of the subject matter of the witnesses’ expected testimony. If you need additional space to list all witnesses, complete and attach additional Witness Lists. Example 1. Name 2. Telephone Number 3. Email Address
John Doe (123) 456-7890 [email redacted] 4. Subject Matter of Expected Testimony
John Doe will testify regarding the poor workmanship and poor installation of the Garage Door. Mr. Doe will also testify regarding the invoices and change orders for the project.
Witness 1. Name 2. Telephone Number 3. Email Address
4. Subject Matter of Expected Testimony
Witness 1. Name 2. Telephone Number 3. Email Address
4. Subject Matter of Expected Testimony
Witness 1. Name 2. Telephone Number 3. Email Address
4. Subject Matter of Expected Testimony
Witness 1. Name 2. Telephone Number 3. Email Address
4. Subject Matter of Expected Testimony
Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 1 of 3 PART 2: EXHIBIT LIST DOCKET NO. Under A.A.C. R4-9-118(A), before a hearing, a party must prepare a disclosure statement containing a list of all the exhibits that the party will use at the hearing. Note: All exhibits listed below must be provided to all parties to the hearing. See A.A.C. R4-9-118(B). If you need additional space to list all witnesses, complete and attach additional Exhibit Lists. Example Contract for new garage door. Invoice #10001 – Cost for garage door replacement.
Exhibit Exhibit Name
Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 2 of 3 PART 3: ACKNOWLEDGEMENT & SIGNATURE I certify that the above information is true and correct and that I will serve a copy of this disclosure statement and any exhibits listed in Part 2 to all parties to the hearing in accordance with A.A.C. R4-9-118. I acknowledge and understand that if I fail to properly disclose a witness or exhibit, the administrative law judge may: • Order that certain witnesses or exhibits not be used at the hearing; • Order that a particular fact is or is not established for the record; or, • Order that a charge, a defense, a claim, or some portion thereof, be dismissed.
I am the (check one): Complainant Respondent Docket No.
Print Name Signature Date
Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 3 of 3