2023A-10754-CHC-ROC Notice of Hearing & Packet MAILED 2023-10754.pdf

2023A-10754-CHC-ROC · Registrar of Contractors · 2024-06-21

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Nanneene McManis , Case No. 2023-10754

COMPLAINANT, Docket No. 2023A-10754-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Beach Ventures Inc. License No. ROC 186811,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

July 23, 2024 9:00 AM Velva Moses-Thompson 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 April 18, 2024. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED

The complaint and citation allege that the Respondent committed the following act(s): Charge: 1 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Charge: 2 A.R.S. § 32-1154(A)(16)

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 June 6, 2024.

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

Copy mailed via USPS First Class mail June 6, 2024 to:

Respondent(s) Beach Ventures Inc. 3767 E Fruitvale Ave Gilbert, AZ 85297

Complainant(s) Nanneene McManis 2200 N Delaware Dr. Lot 40 Apache Junction, AZ 85120

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. 2023-10754 /

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: Nanneene McManis 2200 N Delaware Dr. Lot 40 Apache Junction, AZ 85120

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: Beach Ventures Inc 3767 E Fruitvale Ave Gilbert, AZ 85297

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 28, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-10754

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for October 17, 2023 at 2:00 PM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

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

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

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

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

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

Sincerely, Steven Avila Steven Avila, Investigator 602 7716772 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov 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.

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: Nanneene McManis 2200 N Delaware Dr. Lot 40 Apache Junction, AZ 85120

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: Beach Ventures Inc 3767 E Fruitvale Ave Gilbert, AZ 85297

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 October 31, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-10754

Dear Complainant and Respondent:

The investigator assigned to your complaint has scheduled a second inspection so that additional measurements could be take of the affected awning.

A jobsite inspection is scheduled for November 2, 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.

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

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, Steven Avila Steven Avila, Investigator 602 7716772 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

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

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

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Jobsite Inspection Notes

Case No.: 2023-10754 Investigator: Steven Avila Inspection Date: October 17, 2023 Inspection Time: 2:00 PM

Complainant: Nanneene McManis Respondent: Beach Ventures Inc Not Present: Not Present:

Jobsite General Notes: Present that the inspections: Nanneene McManis – Homeowner Zane Beach – Beach Ventures Inc Trevor Thompson – Beach Ventures Inc Investigator Avila – Registrar of Contractors

Complaint Item: 1 - Northside awning: The panels installed measure 4-inch- x 1.2 foot in a 2-inch old drain pan, there are only 36 total panels measuring 1.2 foot. These are the wrong size panels for this awning replacement. They appear to be stretched to fit to the 2-inch drain pan causing panels not to interlock, covering up drip edge, nonnormal light exposure and weakness in the pans causing them to split and creating stress points. The large pan cause water to over flow the drain pans and not down the pans to the drain spouts. Correct install; 40 feet x 1 foot awning should take 40 panels To fix the non-interlocking problem, contactor installed tape to the top side of the awning to keep the awning together and not leak. This is a quick fix and withstand AZ sun and weather. Investigator’s Observation: At the time of the second inspection performed on 11/2/2023 it was verified that the length of the awning replaced on the north 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

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

side of the residence was 40 feet. Within this forty foot distance there were 36 panels installed spanning the forty foot distance. Prior to the second jobsite inspection the investigator visited Mesa Awning to gather information regarding the installation of the panels. The investigator was informed that the intended span of the panels in question was approximately one foot wide with a 40 foot span requiring 40 panels and a minimum of 39. The employees at Mesa awning stated that the use of less panels could result in deteriorating the structural integrity of the panels. It was confirmed on 11/2 that 36 panels were installed over a forty foot span. The result of the installation appears to have stressed the panels resulting in gaps between the seams which appear to have failed. No evidence was gathered at the inspection nor the visit to Mesa Awning to determine that the 2-inch drain pan was not sufficient for the awning. However the respondent shall confirm that if the drain pan was to be replaced per the contractual obligations and that said obligations are met. Allegation of improperly installed panels is confirmed. Respondent shall correct by the 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: 2 - Drain down spouts hang unsupported, not straight or level and were installed with incorrect hardware. The drain attachments were handmade on site using my concreate steps as a saw table. Concreate steps are also damaged. Investigator’s Observation: Per the contractual obligations the investigator is unable to determine the scope of work to be performed by the respondent in regards to the down spouts after new posts were installed. Financial compensation in regards to new hardware for the downspouts does not appear in the obligations. Without financial compensation for work performed in this area the investigator is unable to issue a directive. Governing Rule: N/A

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

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

Complaint Item: 3 - Southside: The panels installed measure 4-inch- x 1.2 foot wide in a 2-inch old drain pan, there are only 16 total panels measuring 1.2 inch. feet x 1 foot awning should take 20 panels. Panels are cut uneven and jagged. Awnings leak, are dented, scratched, have gaps, empty screw holes minus screws, screws going through the awnings and hole in the center of awning. I witnessed an employee dent an awning and flashing when he was installing it. He was banging on the dent to remove it. It is still dented and has a gap at the connecting sheet. Investigator’s Observation: At the time of the second jobsite inspection performed on 11/2/2023 it was noted that the distance of the second awning was feet. Within this 20 foot span there were 18 panels installed. Based on the evidence gather from Mesa Awning and noted in line item number 1 there should have been a total of 20 panels installed for the length of awning span. A water test was performed on this side of the residence and there was notable leakage in various areas which included screw holes that remain unfilled and open to the elements. There were also jagged cuts which resulted in uneven edges of panel which also affected drainage in some areas. Any denting cause by hail on either side of the residence is not due to the respondent’s workmanship. Allegation of improper installation of panels is verified. Also holes, irregular cut edges of paneling and water leakage is verified. Respondent shall correct by the 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: 4 - Drain down spouts hang unsupported to the support post, not straight or level and were installed with incorrect hardware. Spout fittings were poorly handmade not recommend by the awning companies. Investigator’s Observation: Per the contractual obligations the investigator is unable to determine the scope of work to be performed by the respondent in regards to the down spouts after new posts were installed. Financial compensation

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

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

in regards to new hardware for the downspouts does not appear in the obligations. Without financial compensation for work performed in this area the investigator is unable to issue a directive. Governing Rule: N/A

Complaint Item: 5 - Contractor was not professional; he was very callous; raised his voice many times at me and it is my fault his job was defective. Zane Beach, owner, quoted new drain pan replacement. He stated he should have replaced the drain pan and panels to 3-inch and stronger gage aluminum. Last time I talked to Zane Beach, owner, he stated he would take care of the drain pans, then said file another insurance claim he was not fixing anything it was cause by the storm. The damage was not caused by the storm, I have pictures of before and after the September 12, 2023 storm, it is faulty work. Zane stated the new awning I added in 2022 he could not match they are no longer available. That is a false statement. They are available at Mesa Awning, correct size and stronger gauge. I have pictures of before and after both awning replacements and all storms. I gave this contractor a second chance to fix the awning. This is why I have contacted the Requestor of Contractors. Investigator’s Observation: This items is either a statement or items that were addressed in other line items. 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: Nanneene McManis 2200 N Delaware Dr. Lot 40 Apache Junction, AZ 85120

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: Beach Ventures Inc 3767 E Fruitvale Ave Gilbert, AZ 85297

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 November 14, 2023

License No. ROC 186811

Re:Complaint No. 2023-10754

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on December 1, 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 reasons1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.

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

This means the license is suspended for lack of qualifying party, lack of bond, nonrenewal, Recovery Fund payout, or for any reason listed in A.R.S. § 32-1124(F). 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 pan cause water to over flow the drain pans and not down the pans to the drain spouts. Correct install; 40 feet x 1 foot awning should take 40 panels To fix the non-interlocking problem, contactor installed tape to the top side of the awning to keep the awning together and not leak. This is a quick fix and withstand AZ sun and weather. Investigator’s Observation: At the time of the second inspection performed on 11/2/2023 it was verified that the length of the awning replaced on the north side of the residence was 40 feet. Within this forty foot distance there were 36 panels installed spanning the forty foot distance. Prior to the second jobsite inspection the investigator visited Mesa Awning to gather information regarding the installation of the panels. The investigator was informed that the intended span of the panels in question was approximately one foot wide with a 40 foot span requiring 40 panels and a minimum of 39. The employees at Mesa awning stated that the use of less panels could result in deteriorating the structural integrity of the panels. It was confirmed on 11/2 that 36 panels were installed over a forty foot span. The result of the installation appears to have stressed the panels resulting in gaps between the seams. No evidence was gathered at the inspection nor the visit to Mesa Awning to determine that the 2-inch drain pan was not sufficient for the awning. However the respondent shall confirm that if the drain pan was to be replaced per the contractual obligations that said obligations are met. Allegation of improperly installed panels is confirmed. Respondent shall correct by the 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.

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: 3 - Southside: The panels installed measure 4-inch- x 1.2 foot wide in a 2-inch old drain pan, there are only 16 total panels measuring 1.2 inch. 20 feet x 1 foot awning should take 20 panels. Panels are cut uneven and jagged. Awnings leak, are dented, scratched, have gaps, empty screw holes minus screws, screws going through the awnings and hole in the center of awning. I witnessed an employee dent an awning and flashing when he was installing it. He was banging on the dent to remove it. It is still dented and has a gap at the connecting sheet. Investigator’s Observation: At the time of the second jobsite inspection performed on 11/2/2023 it was noted that the distance of the second awning was 20 feet. Within this 20 foot span there were 18 panels installed. Based on the evidence gather from Mesa Awning and noted in line item number 1 there should have been a total of 20 panels installed for the length of awning span. A water test was performed on this side of the residence and there was notable leakage in various areas which included screw holes that remain unfilled and open to the elements. There were also jagged cuts which resulted in uneven edges of panel which also affected drainage in some areas. Any denting caused by hail on either side of the residence is not due to the respondent’s workmanship. Allegation of improper installation of panels is verified. Also holes, irregular cut edges of paneling and water leakage is verified. Respondent shall correct by the 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 - Drain down spouts hang unsupported, not straight or level and were installed with incorrect hardware. The drain attachments were

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 handmade on site using my concreate steps as a saw table. Concreate steps are also damaged. Investigator’s Observation: Per the contractual obligations the investigator is unable to determine the scope of work to be performed by the respondent in regards to the down spouts after new posts were installed. Financial compensation in regards to new hardware for the downspouts does not appear in the obligations. Without financial compensation for work performed in this area the investigator is unable to issue a directive. Governing Rule: N/A

Compliance Item: 4 - Drain down spouts hang unsupported to the support post, not straight or level and were installed with incorrect hardware. Spout fittings were poorly handmade not recommend by the awning companies. Investigator’s Observation: Per the contractual obligations the investigator is unable to determine the scope of work to be performed by the respondent in regards to the down spouts after new posts were installed. Financial compensation in regards to new hardware for the downspouts does not appear in the obligations. Without financial compensation for work performed in this area the investigator is unable to issue a directive. Governing Rule: N/A

Compliance Item: 5 - Contractor was not professional; he was very callous; raised his voice many times at me and it is my fault his job was defective. Zane Beach, owner, quoted new drain pan replacement. He stated he should have replaced the drain pan and panels to 3-inch and stronger gage aluminum. Last time I talked to Zane Beach, owner, he stated he would take care of the drain pans, then said file another insurance claim he was not fixing anything it

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 was cause by the storm. The damage was not caused by the storm, I have pictures of before and after the September 12, 2023 storm, it is faulty work. Zane stated the new awning I added in 2022 he could not match they are no longer available. That is a false statement. They are available at Mesa Awning, correct size and stronger gauge. I have pictures of before and after both awning replacements and all storms. I gave this contractor a second chance to fix the awning. This is why I have contacted the Requestor of Contractors. Investigator’s Observation: This items is either a statement or items that were addressed in other line items. Governing Rule: N/A

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

Sincerely,

Steven Avila Steven Avila, Investigator 602 7716772 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complainant: Nanneene McManis 2200 N Delaware Dr. Lot 40 Apache Junction, AZ 85120

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: Beach Ventures Inc 3767 E Fruitvale Ave Gilbert, AZ 85297

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 29, 2023

Compliance Jobsite Inspection Notice Re: Complaint No. 2023-10754

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for January 11, 2024 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,

Steven Avila Steven Avila, Investigator 602 7716772 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

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

C012 05/21 Complainant: Nanneene McManis 2200 N Delaware Dr. Lot 40 Apache Junction, AZ 85120

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: Beach Ventures Inc 3767 E Fruitvale Ave Gilbert, AZ 85297

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

C012 05/21 January 25, 2024

Compliance Jobsite Inspection Notice Re: Complaint No. 2023-10754

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for February 1, 2024 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,

Steven Avila Steven Avila, Investigator 602 7716772 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

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

C012 05/21 P 1 JSI PHOTOS J P 2 JSI PHOTOS J

Water test south side of residence P 3 JSI PHOTOS J

Water leaking between awning and roof old staining can be seen P 4 JSI PHOTOS J

Water leaking over south door between awning and roof. Staining can be seen from previous leakage. P 5 JSI PHOTOS J

Water puddle on south side porch P 6 JSI PHOTOS J

Water puddles on south side stairs and patio to the right of south side door. P 7 JSI PHOTOS J

North side of awning flowing over the side of the gutter due to improper slope. P 8 JSI PHOTOS J

Puddling of water below the gutter in which water overflows over the sides. P 9 JSI PHOTOS J

Water flowing over the side of the gutter north side of residence. P 10 JSI PHOTOS J

Separation between two panels and a screw void on north side structure. P 11 JSI PHOTOS J

Small puddle forming due to the voids in the north side structure. Complainant: Nanneene McManis 2200 N Delaware Dr. Lot 40 Apache Junction, AZ 85120

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Respondent: Beach Ventures Inc 3767 E Fruitvale Ave Gilbert, AZ 85297

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Case No.: 2023-10754 Investigator: Steven Avila Inspection Date: 2/1/2024 Inspection Time: 9:00 AM

Compliance Jobsite General Notes: Present at the inspection: Nanneen McManis – Homeowner Zane Beach – Beach Ventures Inc Trevor Thompson – Beach Ventures Inc Investigator Avila – Registrar of Contractors

Respondent performed repairs to the metal awning per the written directive. It is noted that the respondent who carries a CR-42 which accounts for the shingled portion of the scope of work. However, metal awnings are not covered under a CR-42 and instead require a R-3 Awnings, Canopies, Carports and Patio Covers license. Per A.R.S. 32-1154(A)(16) the respondent is not allowed to contract beyond the scope of the license of the licensee which can result in a citation being issued.

Compliance Findings:

Compliance Item: 1 - Northside awning: The panels installed measure 4-inch- x 1.2 foot in a 2-inch old drain pan, there are only 36 total panels measuring 1.2 foot. These are the wrong size panels for this awning replacement. They appear to be stretched to fit to the 2-inch d Investigator’s Observation: At the time of the second inspection performed on 11/2/2023 it was verified that the length of the awning replaced on the north side of the residence was 40 feet. Within this forty foot distance there were 36 panels installed spanning the forty foot distance. Prior to the second jobsite inspection the investigator visited Mesa Awning to gather information regarding the installation of the panels. The investigator was informed that the intended span of the panels in question was approximately one foot wide with a 40 foot span requiring 40 panels and a minimum of 39. The employees at Mesa awning stated that the use of less panels could result in deteriorating the structural integrity of the panels. It was confirmed on 11/2 that 36

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 panels were installed over a forty foot span. The result of the installation appears to have stressed the panels resulting in gaps between the seams. No evidence was gathered at the inspection nor the visit to Mesa Awning to determine that the 2-inch drain pan was not sufficient for the awning. However the respondent shall confirm that if the drain pan was to be replaced per the contractual obligations that said obligations are met. Allegation of improperly installed panels is confirmed. Respondent shall correct by the appropriate means.

Compliance Inspection Findings: At the time of the inspection the panels had been reset in to the same rails. This time the panels reached a total number of 37 panels within a 40 foot span. A conversation had with Mesa awning stated that due to the presence of an adjacent awning and preexisting three inch rail this would be an acceptable number of panels. However, a water test being performed showed that there is still water intrusion thru a seam that has failed since the repair on the North side of the residence. The water test also showed that the metal tray on the North side of the residence does not allow for proper drainage due to lack of slope. Respondent had previously replaced the posts on this side of the residence that would have allowed for this drainage. Repairs for the Northside no not meet industry standards. 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.

Compliance Item: 3 - Southside: The panels installed measure 4-inch- x 1.2 foot wide in a 2-inch old drain pan, there are only 16 total panels measuring 1.2 inch. 20 feet x 1 foot awning should take 20 panels. Panels are cut uneven and jagged. Awnings leak, are dented, scratc Investigator’s Observation: At the time of the second jobsite inspection performed on 11/2/2023 it was noted that the distance of the second awning was 20 feet. Within this 20 foot span there were 18 panels installed. Based on the evidence gather from Mesa

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Awning and noted in line item number 1 there should have been a total of 20 panels installed for the length of awning span. A water test was performed on this side of the residence and there was notable leakage in various areas which included screw holes that remain unfilled and open to the elements. There were also jagged cuts which resulted in uneven edges of panel which also affected drainage in some areas. Any denting cause by hail on either side of the residence is not due to the respondent’s workmanship. Allegation of improper installation of panels is verified. Also holes, irregular cut edges of paneling and water leakage is verified. Respondent shall correct by the appropriate means. Compliance inspection Findings: At the time of the inspection the south side awning was also repaired by the respondent per the written directive. A water test was performed in this area and the results were such. There was a location above the South side door in the residence that continued to leak a substantial amount of water. This leak ran down the facia of the residence and created a large puddle on the porch and adjacent to the porch. Due to the amount of leakage between the South side roof of the residence and the metal awning it is determined that the repairs in this area do not meet industry standards. 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.

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, 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Steven Avila Steven Avila, Investigator 602 7716772 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Complainant: Nanneene McManis 2200 N Delaware Dr. Lot 40 Apache Junction, AZ 85120

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Respondent: Beach Ventures Inc 3767 E Fruitvale Ave Gilbert, AZ 85297

Compliance Jobsite General Notes: Present at the inspection: Nanneen McManis – Homeowner Zane Beach – Beach Ventures Inc Investigator Avila – Registrar of Contractors

Compliance Findings:

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 No evidence was gathered at the inspection nor the visit to Mesa Awning to determine that the 2-inch drain pan was not sufficient for the awning. However the respondent shall confirm that if the drain pan was to be replaced per the contractual obligations that said obligations are met. Allegation of improperly installed panels is confirmed. Respondent shall correct by the appropriate means.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 residence and there was notable leakage in various areas which included screw holes that remain unfilled and open to the elements. There were also jagged cuts which resulted in uneven edges of panel which also affected drainage in some areas. Any denting cause by hail on either side of the residence is not due to the respondent’s workmanship. Allegation of improper installation of panels is verified. Also holes, irregular cut edges of paneling and water leakage is verified. Respondent shall correct by the appropriate means. Compliance inspection Findings: At the time of the inspection the south side awning was also repaired by the respondent per the written directive. A water test was performed in this area and the results were such. There was a location above the South side door in the residence that continued to leak a substantial amount of water. This leak ran down the facia of the residence and created a large puddle on the porch and adjacent to the porch. Due to the amount of leakage between the South side roof of the residence and the metal awning it is determined that the repairs in this area do not meet industry standards. 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.

Note:

Steven Avila Steven Avila, Investigator 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 602 7716772 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

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

Nanneene McManis, Case No. 2023-10754 COMPLAINANT, v. Beach Ventures Inc. CITATION License No. ROC 186811, RESPONDENT.

The Registrar issues this Citation to Beach Ventures Inc. (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by May 3, 2024, then under A.R.S. § 32-1155(C), Respondent’s failure to answer may be deemed an admission of the act or acts charged in the underlying complaint, and the Registrar may then suspend or revoke Respondent’s license(s). THE WRITTEN COMPLAINT On September 20, 2023, Nanneene McManis (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating: Charge :1 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. Charge :2 A.R.S. § 32-1154(A)(16)

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 Knowingly contracting beyond the scope of the license or licenses of the licensee. 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. 2023-10754. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted] 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

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 May 3, 2024. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE

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 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 constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar.

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 Dated April 18, 2024. By: /s/ Shaquira Adebule Shaquira Adebule Legal Assistant II Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, April 18, 2024 to: Respondent Certified Mail No: [number redacted] Beach Ventures Inc. 3767 E Fruitvale Ave Gilbert, AZ 85297

Copy mailed by USPS First Class mail this same date to: Respondent Beach Ventures Inc 3767 E Fruitvale Ave Gilbert, AZ 85297 Complainant Nanneene McManis 2200 N Delaware Dr. Lot 40 Apache Junction, AZ 85120 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. 2023-10754 / SA

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 A description of any written documents used to describe the contract, e.g. bids, proposals, invoices, receipts. (If you have copies of any of these documents, please provide them with the Complaint Form.); included

A description of the work to be performed under the contract (including any addenda or change orders); included

The names of the people who negotiated the contract;

Zane Beach, Beach Ventures Owner and Nanneene McManis home owner

The agreed upon payment schedule;

Completion of Job

An explanation of who was to receive payment;

Zane Beach. Owner

The date the work was to be completed;

July 26, 2023 Not complete as of September 20, 2023 ROC # 2023-10754

Nanneene McManis 2200 N. Delaware Dr Lot 40 Apache Junction, Az 85120 Subject: Awnings Install by Beach Ventures, Inc:

Date: September 26, 2023

This is the repair by Beach Ventures, Inc. after 1st install. The new awnings are more damaged than before replacement and not installed correctly.

Northside awning: The panels installed measure 4-inch- x 1.2 foot in a 2-inch old drain pan, there are only 36 total panels measuring 1.2 foot. These are the wrong size panels for this awning replacement. They appear to be stretched to fit to the 2-inch drain pan causing panels not to interlock, covering up drip edge, nonnormal light exposure and weakness in the pans causing them to split and creating stress points. The large pan cause water to over flow the drain pans and not down the pans to the drain spouts.

Correct install; 40 feet x 1 foot awning should take 40 panels

To fix the non-interlocking problem, contactor installed tape to the top side of the awning to keep the awning together and not leak. This is a quick fix and withstand AZ sun and weather.

Drain down spouts hang unsupported, not straight or level and were installed with incorrect hardware. The drain attachments were handmade on site using my concreate steps as a saw table. Concreate steps are also damaged.

The correct drain is sold for this type of drain and handmade is not recommend by the awning companies they are not secure.

Southside: The panels installed measure 4-inch- x 1.2 foot wide in a 2-inch old drain pan, there are only 16 total panels measuring 1.2 inch. 20 feet x 1 foot awning should take 20 panels.

Panels are cut uneven and jagged. Awnings leak, are dented, scratched, have gaps, empty screw holes minus screws, screws going through the awnings and hole in the center of awning. I witnessed an employee dent an awning and flashing when he was installing it. He was banging on the dent to remove it. It is still dented and has a gap at the connecting sheet.

Drain down spouts hang unsupported to the support post, not straight or level and were installed with incorrect hardware. Spout fittings were poorly handmade not recommend by the awning companies.

ROC # 2023-10754

Note:

Contractor was not professional; he was very callous; raised his voice many times at me and it is my fault his job was defective.

Zane Beach, owner, quoted new drain pan replacement.

He stated he should have replaced the drain pan and panels to 3-inch and stronger gage aluminum.

Last time I talked to Zane Beach, owner, he stated he would take care of the drain pans, then said file another insurance claim he was not fixing anything it was cause by the storm. The damage was not caused by the storm, I have pictures of before and after the September 12, 2023 storm, it is faulty work.

Zane stated the new awning I added in 2022 he could not match they are no longer available. That is a false statement. They are available at Mesa Awning, correct size and stronger gauge.

I have pictures of before and after both awning replacements and all storms.

I gave this contractor a second chance to fix the awning. This is why I have contacted the Requestor of Contractors.

Sincerely,

Nanneene McManis

480-227-1587

[email redacted]

American Bankers Insurance Company of Florida PO Box 202142 Florence, SC 29502 www.assurant.com

February 10, 2023

NANNEENE MCMANIS 2200 N DELAWARE DR LOT 40 APACHE JUNCTION AZ 85120-1415

Claim Information

Insured: Nanneene McManis Claim Number: [number redacted] Policy Number: Cause of Loss: Windstorm Date of Loss: 01-20-2023 Reported Date: 01-22-2023 Property Address: 2200 N DELAWARE DR LOT 40 APACHE JUNCTION, AZ 85120-1415

This letter has been sent to: [email redacted]

Dear Nanneene Mcmanis,

We have completed our review of your claim. The following payment has been issued and mailed separately. A copy of the adjuster's estimate is included for your review.

Dwelling Package Dwelling

Repair/Replacement Cost: $9,969.38 Deductible: $1,000.00 Recoverable Depreciation: $1,566.68 Non-recoverable Depreciation: $0.00 Previous Payments: $0.00 Total Payment Amount: $7,402.70 Date Issued: 2/10/2023

Payment Made Payable to: NANNEENE MCMANIS Payment Mailed to: NANNEENE MCMANIS 2200 N DELAWARE DR LOT 40 APACHE JUNCTION, AZ 85120-1415

The payment will be delivered to you via electronic funds transfer (EFT), giving us the capability to send your funds directly to a bank account. You will be receiving an email to accept your Electronic Funds Transfer payment agreement shortly. If there is more than one party on the payment, each party will receive an email to endorse the payment electronically (similar to signing a two-party check).

63296704/63296704 Please note the link is only good for 72 hours from when this email was sent to you. If all parties on the payment do not visit the link and accept the agreement within 72 hours, your payment will be mailed to you by paper check.

Your policy provides coverage to your property on an actual cash value basis until repairs or replacements have been completed. Depreciation has been determined by taking into consideration the condition and age of the materials evaluated by the adjuster. The ages and condition of the depreciated items were discussed with you during the course of the claims process. Please review the depreciation taken in your claim, and if you have any questions or would like to provide additional information, please contact the assigned adjuster.

We will pay no more than the actual cash value until actual repair or replacement is completed. You may make further claim for the recoverable depreciation within 180 days after the loss, based upon and for any specific additional cost to you actually incurred within that period, in replacing the damaged property on a replacement cost basis.

Once the repair or replacement of the items has been completed, up to $1,566.68 in recoverable depreciation will be available. As you repair or replace these items, please forward the receipts to us for consideration of refund of the depreciated recoverable amounts. You may submit the receipts by mail to the address above, email [email redacted], or Fax 866-728-7098. Please include your claim number and/or policy number on all correspondence. Via email, the subject line should only contain your 11 digit claim number (no spaces or hyphens) to ensure your items are connected to your claim appropriately and quickly reach your adjuster.

For your protection Arizona law requires the following statement to appear on this letter. Any person who knowingly presents a false or fraudulent claim for payment of a loss is subject to criminal and civil penalties.

If you have questions about your claim, or you have additional information that you would like us to consider, please contact us at the number below. Our office hours are 8 a.m. to 6 p.m. Monday through Friday. We appreciate your business and thank you for being a valued customer.

Sincerely,

Robert Spencer Field Staff Adjuster Global P&C Claims T. 800-358-0600 Ext. 4030765 F. 866-728-7098 E. [email redacted]

Enclosure: Incoming

63296704/63296704 Custard Insurance Adjusters, Inc. Custard Insurance Adjusters, Inc. 4875 Avalon Ridge Parkway Peachtree Corners, GA 30071 Office: (407) 937-1991 Fax: (678) 261-1728

Insured: NANNEENE MCMANIS Other: (480) 227-1587 Property: 2200 N DELAWARE DR LOT 40 Cell: APACHE JUNCTION, AZ 85120 E-mail: NANNEENEMCMANIS@gmail. Home: 2200 N DELAWARE DR LOT 40 com APACHE JUNCTION, AZ 85120

Claim Rep.: Gregory Barnette Business: (480) 225-4319 Company: Custard Insurance Adjusters, Inc. E-mail: [email redacted] Business: 4875 Avalon Ridge Parkway Peachtree Corners, GA 30071

Estimator: Gregory Barnette Business: (480) 225-4319 Company: Custard Insurance Adjusters, Inc. E-mail: [email redacted] Business: 4875 Avalon Ridge Parkway Peachtree Corners, GA 30071

Claim Number: [number redacted] Policy Number: Type of Loss: Wind

Date Contacted: 1/25/2023 1:55 PM Date of Loss: 1/20/2023 12:00 AM Date Received: 1/22/2023 12:00 AM Date Inspected: 2/3/2023 12:30 PM Date Entered: 1/25/2023 12:56 PM Date Est. Completed: 2/6/2023 2:54 PM

Price List: AZPH8X_JAN23 Restoration/Service/Remodel Estimate: NANNEENE_MCMANIS Custard Insurance Adjusters, Inc. Custard Insurance Adjusters, Inc. 4875 Avalon Ridge Parkway Peachtree Corners, GA 30071 Office: (407) 937-1991 Fax: (678) 261-1728

PROPERTY DAMAGE DISCLAIMER: PLEASE READ CAREFULLY

Custard Insurance Adjusters, Inc. is not authorized to: (1) make coverage determinations, (2) secure contractors, (3) authorize OR suggest payments, or (4) authorize work of any kind whatsoever.

Custard Insurance Adjusters, Inc. will prepare an estimate based on visible damages and a scope of work needed in accordance to our opinions. Items such as hidden damages or unforeseen future developments cannot be forecasted, so our estimate represents our opinions as to an estimated measure of damages that exist as of the date of preparation.

OUR ESTIMATE IS NOT A PROMISE OF PAYMENT OR CONSTITUTES SETTLEMENT OR AN OFFER OF SETTLEMENT; IT IS NOT AN AUTHORIZATION FOR REPAIRS.

Our estimate does not create coverage under a policy where coverage does not or did not exist. Preparation of our estimate does not prevent an insurance company from reserving its rights under a policy, or from exercising its rights as outlined within the policy.

This estimate is subject to review by the client/insurance company.

Custard Insurance Adjusters, Inc. is not responsible for payment to any third-party contractor for any fees for repairs, construction, re mediation, etc., to the property upon which this estimate was prepared.

NANNEENE_MCMANIS 2/10/2023 Page: 2 Custard Insurance Adjusters, Inc. Custard Insurance Adjusters, Inc. 4875 Avalon Ridge Parkway Peachtree Corners, GA 30071 Office: (407) 937-1991 Fax: (678) 261-1728

Grand Total Areas: 483.56 SF Walls 278.67 SF Ceiling 762.22 SF Walls and Ceiling 278.67 SF Floor 30.96 SY Flooring 58.67 LF Floor Perimeter 0.00 SF Long Wall 0.00 SF Short Wall 69.33 LF Ceil. Perimeter

278.67 Floor Area 302.22 Total Area 483.56 Interior Wall Area 709.61 Exterior Wall Area 72.00 Exterior Perimeter of Walls

2,615.85 Surface Area 26.16 Number of Squares 306.58 Total Perimeter Length 51.00 Total Ridge Length 0.00 Total Hip Length

NANNEENE_MCMANIS 2/10/2023 Page: 5 Custard Insurance Adjusters, Inc. Custard Insurance Adjusters, Inc. 4875 Avalon Ridge Parkway Peachtree Corners, GA 30071 Office: (407) 937-1991 Fax: (678) 261-1728

Summary for Building Line Item Total 9,646.51 Material Sales Tax 322.87

Replacement Cost Value $9,969.38 Less Depreciation (1,566.68)

Actual Cash Value $8,402.70 Less Deductible (1,000.00)

Net Claim $7,402.70

Total Recoverable Depreciation 1,566.68

Net Claim if Depreciation is Recovered $8,969.38

Gregory Barnette

NANNEENE_MCMANIS 2/10/2023 Page: 6 Custard Insurance Adjusters, Inc. Custard Insurance Adjusters, Inc. 4875 Avalon Ridge Parkway Peachtree Corners, GA 30071 Office: (407) 937-1991 Fax: (678) 261-1728

Recap of Taxes

Material Sales Tax (8.3%) Storage Rental Tax (8.3%) Local Food Tax (2.7%)

Line Items 322.87 0.00 0.00

Total 322.87 0.00 0.00

NANNEENE_MCMANIS 2/10/2023 Page: 7 Custard Insurance Adjusters, Inc. Custard Insurance Adjusters, Inc. 4875 Avalon Ridge Parkway Peachtree Corners, GA 30071 Office: (407) 937-1991 Fax: (678) 261-1728

Recap by Room

Estimate: NANNEENE_MCMANIS

Area: Roof Main Gable 7,629.20 79.09% Patio 1 694.53 7.20%

Area Subtotal: Roof 8,323.73 86.29%

Area: Level 1 Kitchen 653.02 6.77%

Area Subtotal: Level 1 653.02 6.77% Labor Minimums Applied 669.76 6.94%

Subtotal of Areas 9,646.51 100.00%

Total 9,646.51 100.00%

NANNEENE_MCMANIS 2/10/2023 Page: 8 Custard Insurance Adjusters, Inc. Custard Insurance Adjusters, Inc. 4875 Avalon Ridge Parkway Peachtree Corners, GA 30071 Office: (407) 937-1991 Fax: (678) 261-1728

Recap by Category with Depreciation

Items RCV Deprec. ACV AWNINGS & PATIO COVERS 197.34 26.13 171.21 CONTENT MANIPULATION 75.12 75.12 GENERAL DEMOLITION 1,162.85 1,162.85 DRYWALL 463.84 3.05 460.79 LAB 1.74 1.74 PLUMBING 375.05 30.01 345.04 PAINTING 486.46 103.99 382.47 ROOFING 6,884.11 1,340.22 5,543.89 Subtotal 9,646.51 1,503.40 8,143.11 Material Sales Tax 322.87 63.28 259.59

Total 9,969.38 1,566.68 8,402.70

NANNEENE_MCMANIS 2/10/2023 Page: 9 Jobsite Inspection Notes