2023A-11147-CHC-ROC Notice of Hearing and Packet MAILED

2023A-11147-CHC-ROC · Registrar of Contractors · 2023-12-29

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Alexander Kairoff , Case No. 2023-11147 COMPLAINANT, Docket No. 2023A-11147-CHC-ROC v. NOTICE OF HEARING ON CONTESTED CASE West Coast Roofing LLC License No. ROC 235353,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

February 9, 2024 9:00 AM 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 5, 2023. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED The complaint and citation allege that the Respondent committed the following act(s): Charge: 1 A.R.S. § 32-1154(A)(3) - R4-9-108(a)

Charge: 2 A.R.S. § 32-1154(A)(22)

THE PARTIES TO THE ADMINISTRATIVE HEARING

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

Respondent and Complainant, as the parties to the hearing, will present evidence and

argument to the administrative law judge.

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

RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney. A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented by an officer or employee if that person satisfies the conditions set forth in A.R.S. § 32- 1156(B).

CHANGE OF ADDRESS Each party must inform the Registrar and the Office of Administrative Hearings of any change of address within five (5) days of the change. A.R.S. § 41-1092.04.

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

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE The Registrar’s investigators, employees, and attorneys will appear at the hearing via video conference or telephone unless requested by a party to appear in-person. Requests for the Registrar’s investigators, employees, or attorneys to appear in-person must be filed with the Registrar and the Office of Administrative Hearings no later than seven (7) calendar days prior to the hearing date.

HEARING PACKET In the interests of administrative efficiency, the Registrar compiles and discloses

certain documents to the parties and the Office of Administrative Hearings. These documents

are attached to this Notice of Hearing as the “Hearing Packet.” If any party wishes to submit

additional evidence, they must do so during the hearing after completing a disclosure statement. See “Disclosure Statement” section below. SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS The parties to the hearing must be prepared to present evidence in support of their

case. If a party wants to obtain testimony from a witness or documents not in the party’s

possession, the party must prepare and file a written subpoena for the Administrative Law

Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a

subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com. The party seeking a subpoena must serve notice on all the parties to the hearing, and on the Registrar. A.R.S. § 41-1092.04.

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

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

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

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

CHANGING THE HEARING DATE

The date of the hearing may only be advanced or delayed on the agreement of the parties or on a showing of good cause. A.R.S. § 41-1092.05(C). The date of the hearing may be changed by filing a written agreement of the parties to change the date of the hearing. The written agreement must be filed with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmitted to the Registrar and all other parties. The assigned Administrative Law Judge may be found on the Office of Administrative Hearings’ web portal at www.azoah.com If a party would like to move the date of the hearing without agreement of all parties, the party must file a written motion with the Office of Administrative Hearings, directed to the

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

The motion must state in detail good cause for why the date of the hearing should be advanced

or delayed, and the position of all other parties regarding the advancement or delay.

A party may also file a motion asserting a right to an expedited hearing upon a showing of extraordinary circumstances or the possibility of irreparable harm. A.R.S. § 41-1092.05(E).

RESOLUTION SHORT OF ADJUDICATION

In any case which is resolved or settled by the parties, or which is withdrawn by the

Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of the resolution or settlement. Any such cases will be listed on the Registrar’s website and its records under the category: “Closed Complaints – Resolved/Settled/Withdrawn.” Dated December 29, 2023.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail December 29, 2023 to:

Respondent(s) West Coast Roofing LLC 3311 N Chapel Ave Tucson, AZ 85716 Corey Larson, Esq. 5210 E Williams Cir Ste 800 Tucson, AZ 85711

Complainant(s) Alexander Kairoff 3940 E. Timrod St. #214 Tucson, AZ 85711

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

Case No. 2023-11147 /

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: Alexander Kairoff 3940 E. Timrod St. #214 Tucson, AZ 85711

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: West Coast Roofing LLC 3311 N Chapel Ave Tucson, AZ 85716

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 27, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-11147

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for November 13, 2023 at 1:00 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, Mike Springer Mike Springer, Investigator #192 520 5089735 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

CC: Respondent Choose an item. Choose an item. Choose an item.

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 Jobsite Inspection Notes

Case No.: 2023-11147 Investigator: Mike Springer Inspection Date: November 13, 2023 Inspection Time: 1:00 PM

Complainant: Alexander Kairoff Respondent: West Coast Roofing Not Present: LLC Not Present:

Jobsite General Notes: Photos were taken to document items. The complainant/Respondent and I addressed each item of the complaint. JSI audio recorded.

Complaint Item: 1 - The west side exterior building three catwalk ceiling was extensively damaged due to the failure of the flat roof section above it, and water penetration into this section of the roof resulted. Multiple cracks, drywall, and mold damage were not present prior and appeared shortly after the new roof was installed on this building. Investigator’s Observation: Water damage is under the breezeway. The fascia in this area is bent and damaged. It appears that the bent edges of the fascia are catching water falling from the drip edge. Contract states under Bldg 3 "Replace damaged fascia as necessary. (to be billed at $14,00 per linear foot)" Pics 1-5 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 RCC100 08/19

Complainant: Alexander Kairoff 3940 E. Timrod St. #214 Tucson, AZ 85711

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: West Coast Roofing LLC 3311 N Chapel Ave Tucson, AZ 85716

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 235353

Re:Complaint No. 2023-11147

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 1st, 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 - The west side exterior building three catwalk ceiling was extensively damaged due to the failure of the flat roof section above it, and water penetration into this section of the roof resulted. Multiple cracks, drywall, and mold damage were not present prior and appeared shortly after the new roof was installed on this building. Investigator’s Observation: Water damage is under the breezeway. The fascia in this area is bent and damaged. It appears that the bent edges of the

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 fascia are catching water falling from the drip edge. Contract states under Bldg "Replace damaged fascia as necessary. ( to be billed at $14,00 per linear foot)" Pics 1-5 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.

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

Sincerely,

Mike Springer Mike Springer, Investigator #192 520 5089735 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

CC: Respondent Choose an item. Choose an item. Choose an item.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Alexander Kairoff, Case No. 2023-11147 COMPLAINANT, v. West Coast Roofing LLC CITATION License No. ROC 235353,

RESPONDENT.

The Registrar issues this Citation to West Coast Roofing LLC (“Respondent”) under

A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by December 20, 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 25, 2023, Alexander Kairoff (“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)(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. 2023-11147. 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 December 20, 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. 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 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 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 December 5, 2023. By: /s/ Tedi Quezada Tedi Quezada Legal Assistant Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, December 5, 2023 to:

Respondent Certified Mail No: [number redacted]

West Coast Roofing LLC 3311 N Chapel Ave Tucson, AZ 85716 Copy mailed by USPS First Class mail this same date to:

Respondent West Coast Roofing LLC 3311 N Chapel Ave Tucson, AZ 85716

Complainant Alexander Kairoff 3940 E. Timrod St. #214 Tucson, AZ 85711

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. 2023-11147

of 5

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

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

Alexander Kairoff Mailing Address (Enter jobsite in Contract/Project section) City State Zip

3940 E. Timrod St. #214 Tucson Arizona 85711 Phone Number Email

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

Street Address of Attorney City State Zip

Phone Number of Attorney Email of Attorney

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

West Coast Roofing LLC ROC 235353 Street Address City State Zip

3311 N Chapel Ave Tucson AZ 85716 Phone Number Email

(520) 241-2556 [email redacted] Name of Person(s) Representing License

Ryan McDaniel Contract/Project Information Contract Date Contract Amount Amount Paid

April 19, 2023 $68,425.00 $68,425.00 Date Work Started Date Work Stopped Date Work Was Completed

May 22, 2023 June 6, 2023 June 6, 2023 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

3940 E. Timrod St. Tucson AZ 85711 Name of Construction Site Owner Construction Site Name (if applicable)

Eden Roc Gardens 1 Condominiums Phone Number of Construction Site Owner Email of Construction Site Owner

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

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

The contract was Written All change orders were Written This project was Commercial This project involved Other Re-roofing of Bldg. 3 and 4 of Eden Roc Gardens 1 Condos 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)

The west side exterior building three catwalk ceiling was extensively damaged due to the failure of the flat roof section above it, and water penetration into this section of the roof resulted. Multiple cracks, drywall, and mold damage were not present prior and appeared shortly after the new roof was installed on this building.

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

Alexander Kairoff \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 11/14/23, 1:32 PM State of Arizona Mail - ROC Case 2023-11147

Michael Springer <[email redacted]>

ROC Case 2023-11147 messages

Mike Springer <[email redacted]> Tue, Nov 14, 2023 at 9:09 AM To: [email redacted]

Good Morning,

I left you a voicemail also. Can you let me know which building this is? I have Bldg 3,4 in the contract. The contract does state replacement of fascia if needed. Once we get the Bldg number squared away a directive for corrections will be issued.

Best Regards,

Mike Springer

Investigator #192

Arizona Registrar of Contractors

1700 west Washington, Ste, 105

Phoenix, AZ 85007

520-508-9735 – Mobile

520-628-6588 – Fax

Email: [email redacted]

The ROC is now on social media!

Make sure to follow us on:

facebook 4 twitter 2

Fill out AZ ROC’s survey to let us know how we’re

doing and how we can better serve you!

cid:[email protected]

Alex Kairoff <[email redacted]> Tue, Nov 14, 2023 at 10:45 AM https://mail.google.com/mail/u/0/?ik=6fc03499a2&view=pt&search=all&permthid=thread-a:r1530095938934731979&simpl=msg-a:r-[number redacted]… 1/2 11/14/23, 1:32 PM State of Arizona Mail - ROC Case 2023-11147 Reply-To: [email redacted] To: Mike Springer <[email redacted]>

Hi Mike,

Thank you for your response. The bldg. they roofed that resulted in the subsequent water damage to our soffit/catwalk ceiling was the west side of Bldg. 3, where we were yesterday. Please let me know if I can help answer any other questions.

Best,

Alex Kairoff - Tierra Antigua Realty (520) 576-8281 [email redacted]

On Tue, Nov 14, 2023, 9:11 AM Mike Springer <[email redacted]> wrote:

External Email

[Quoted text hidden]

https://mail.google.com/mail/u/0/?ik=6fc03499a2&view=pt&search=all&permthid=thread-a:r1530095938934731979&simpl=msg-a:r-[number redacted]… 2/2 12/4/23, 12:54 PM State of Arizona Mail - Re: [EXT]Complainant- Directive

Michael Springer <[email redacted]>

Re: [EXT]Complainant- Directive messages

Alex Kairoff <[email redacted]> Fri, Dec 1, 2023 at 1:39 PM Reply-To: [email redacted] To: Mike Springer <[email redacted]>

Hi Mike,

Any update on this? I left you a VM earlier.

Best,

Alex Kairoff - Tierra Antigua Realty (520) 576-8281 [email redacted]

On Fri, Nov 17, 2023, 7:31 AM Mike Springer <[email redacted]> wrote:

External Email

They should schedule with you. They received the same info you did.

On Thu, Nov 16, 2023, 4:21 PM Alex Kairoff <[email redacted]> wrote: Hi Mike,

Do I need to inform West Coast Roofing Co. of the directive or were they already made aware of it? Any action I should take?

Thanks,

Alex Kairoff - Tierra Antigua Realty (520) 576-8281 [email redacted]

On Tue, Nov 14, 2023, 2:39 PM Mike Springer <[email redacted]> wrote:

External Email

Also, just noticed, are you the property owner?

Mike Springer

Investigator #192

Arizona Registrar of Contractors

1700 west Washington, Ste, 105

Phoenix, AZ 85007

520-508-9735 – Mobile

520-628-6588 – Fax

Email: [email redacted]

The ROC is now on social media!

https://mail.google.com/mail/u/0/?ik=6fc03499a2&view=pt&search=all&permthid=thread-a:r-[number redacted]&simpl=msg-f:[number redacted]… 1/5 12/4/23, 12:54 PM State of Arizona Mail - Re: [EXT]Complainant- Directive Make sure to follow us on:

facebook 4 twitter 2

Fill out AZ ROC’s survey to let us know how we’re

doing and how we can better serve you!

cid:[email protected]

On Tue, Nov 14, 2023 at 2:38 PM Mike Springer <[email redacted]> wrote: Yes, drywall finish also.

Mike Springer

Investigator #192

Arizona Registrar of Contractors

1700 west Washington, Ste, 105

Phoenix, AZ 85007

520-508-9735 – Mobile

520-628-6588 – Fax

Email: [email redacted]

The ROC is now on social media!

Make sure to follow us on:

facebook 4 twitter 2

Fill out AZ ROC’s survey to let us know how we’re

doing and how we can better serve you!

cid:[email protected]

https://mail.google.com/mail/u/0/?ik=6fc03499a2&view=pt&search=all&permthid=thread-a:r-[number redacted]&simpl=msg-f:[number redacted]… 2/5 12/4/23, 12:54 PM State of Arizona Mail - Re: [EXT]Complainant- Directive

On Tue, Nov 14, 2023 at 2:36 PM Alex Kairoff <[email redacted]> wrote: OK yes, I see the deadline now, listed for Dec. 1st, thanks.

So, the directive is to replace the damaged fascia? Again, what about the resultant cosmetic damage from their lack of contract compliance in this regard? I already sent them a quote from a drywaller earlier when I asked them to replace that ceiling section that got damaged from their failure to properly roof that flat roof section, but they declined to take any action.

Alex Kairoff - Tierra Antigua Realty (520) 576-8281 [email redacted]

On Tue, Nov 14, 2023, 2:28 PM Mike Springer <[email redacted]> wrote:

External Email

Exactly right, the deadline is on the Directive.

Mike Springer

Investigator #192

Arizona Registrar of Contractors

1700 west Washington, Ste, 105

Phoenix, AZ 85007

520-508-9735 – Mobile

520-628-6588 – Fax

Email: [email redacted]

The ROC is now on social media!

Make sure to follow us on:

facebook 4 twitter 2

Fill out AZ ROC’s survey to let us know how we’re

doing and how we can better serve you!

cid:[email protected]

https://mail.google.com/mail/u/0/?ik=6fc03499a2&view=pt&search=all&permthid=thread-a:r-[number redacted]&simpl=msg-f:[number redacted]… 3/5 12/4/23, 12:54 PM State of Arizona Mail - Re: [EXT]Complainant- Directive

On Tue, Nov 14, 2023 at 1:56 PM Alex Kairoff <[email redacted]> wrote: Good afternoon Mike,

To clarify, what action is the roofing company mandated to take in regards to corrective action? Also, what timeframe do they have to complete these corrections? It sounds like at a minimum they will have to replace the damaged fascia in that section which caused the subsequent water damage/penetration, but I'm unsure if they will also have to replace the cosmetic damage that resulted from this failure to properly adhere to the contracted replacement of the damaged fascia?

Best,

Alex Kairoff - Tierra Antigua Realty (520) 576-8281 [email redacted]

On Tue, Nov 14, 2023, 1:32 PM Mike Springer <[email redacted]> wrote:

External Email

A written Directive has been issued in your case, please see attached documents. You will also receive these documents via USPS mail.

Additional Information:

Once a written directive has been issued, the Respondent should schedule corrections (Email is recommended) The ROC Considers regular working hours to be Mon-Fri 8AM to 5PM. If the Complainant refuses access to the Respondent after making reasonable requests to correct the complaint items, the case may be closed due to denial of access.

Mike Springer

Investigator #192

Arizona Registrar of Contractors

1700 west Washington, Ste, 105

Phoenix, AZ 85007

520-508-9735 – Mobile

520-628-6588 – Fax

Email: [email redacted]

The ROC is now on social media!

Make sure to follow us on:

facebook 4 twitter 2

Fill out AZ ROC’s survey to let us know how we’re

doing and how we can better serve you!

https://mail.google.com/mail/u/0/?ik=6fc03499a2&view=pt&search=all&permthid=thread-a:r-[number redacted]&simpl=msg-f:[number redacted]… 4/5 12/4/23, 12:54 PM State of Arizona Mail - Re: [EXT]Complainant- Directive cid:[email protected]

Mike Springer <[email redacted]> Mon, Dec 4, 2023 at 9:07 AM To: [email redacted]

Nothing on my end, was any work attempted? [Quoted text hidden] [Quoted text hidden]

Alex Kairoff <[email redacted]> Mon, Dec 4, 2023 at 10:10 AM Reply-To: [email redacted] To: Mike Springer <[email redacted]> Cc: Alex Kairoff <[email redacted]>

No, the contractor did no work yet.

Alex Kairoff - Tierra Antigua Realty (520) 576-8281 [email redacted] [Quoted text hidden]

Mike Springer <[email redacted]> Mon, Dec 4, 2023 at 12:54 PM To: [email redacted]

Ok, I will be sending to hearing today. You will hear from the Legal dept from here on out. [Quoted text hidden] [Quoted text hidden]

https://mail.google.com/mail/u/0/?ik=6fc03499a2&view=pt&search=all&permthid=thread-a:r-[number redacted]&simpl=msg-f:[number redacted]… 5/5 11/15/23, 10:21 AM State of Arizona Mail - Complainant- Directive

Michael Springer <[email redacted]>

Complainant- Directive messages

Mike Springer <[email redacted]> Tue, Nov 14, 2023 at 1:32 PM To: [email redacted]

A written Directive has been issued in your case, please see attached documents. You will also receive these documents via USPS mail.

Additional Information:

Mike Springer

Investigator #192

Arizona Registrar of Contractors

1700 west Washington, Ste, 105

Phoenix, AZ 85007

520-508-9735 – Mobile

520-628-6588 – Fax

Email: [email redacted]

The ROC is now on social media!

Make sure to follow us on:

facebook 4 twitter 2

Fill out AZ ROC’s survey to let us know how we’re

doing and how we can better serve you!

cid:[email protected]

CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. https://mail.google.com/mail/u/0/?ik=6fc03499a2&view=pt&search=all&permthid=thread-a:r-[number redacted]&simpl=msg-a:r-[number redacted]… 1/3 11/15/23, 10:21 AM State of Arizona Mail - Complainant- Directive

20231114 Written Directive (Inspection)-2023-11147.pdf 154K

Alex Kairoff <[email redacted]> Tue, Nov 14, 2023 at 1:56 PM Reply-To: [email redacted] To: Mike Springer <[email redacted]>

Good afternoon Mike,

Best,

Alex Kairoff - Tierra Antigua Realty (520) 576-8281 [email redacted]

On Tue, Nov 14, 2023, 1:32 PM Mike Springer <[email redacted]> wrote:

External Email

[Quoted text hidden]

Mike Springer <[email redacted]> Tue, Nov 14, 2023 at 2:28 PM To: [email redacted]

Exactly right, the deadline is on the Directive. [Quoted text hidden] [Quoted text hidden]

Alex Kairoff <[email redacted]> Tue, Nov 14, 2023 at 2:35 PM Reply-To: [email redacted] To: Mike Springer <[email redacted]>

OK yes, I see the deadline now, listed for Dec. 1st, thanks.

Alex Kairoff - Tierra Antigua Realty (520) 576-8281 [email redacted] [Quoted text hidden]

Mike Springer <[email redacted]> Tue, Nov 14, 2023 at 2:38 PM To: [email redacted]

Yes, drywall finish also. [Quoted text hidden] https://mail.google.com/mail/u/0/?ik=6fc03499a2&view=pt&search=all&permthid=thread-a:r-[number redacted]&simpl=msg-a:r-[number redacted]… 2/3 11/15/23, 10:21 AM State of Arizona Mail - Complainant- Directive [Quoted text hidden]

Mike Springer <[email redacted]> Tue, Nov 14, 2023 at 2:39 PM To: [email redacted]

Also, just noticed, are you the property owner? [Quoted text hidden] [Quoted text hidden]

Alex Kairoff <[email redacted]> Tue, Nov 14, 2023 at 3:40 PM Reply-To: [email redacted] To: Mike Springer <[email redacted]>

I'm the president/representative of the Eden Roc Gardens 1 Condos HOA (and owner of an individual condo within the complex) the complaintant. The common area property that was damaged, we all collectively own.

Alex Kairoff - Tierra Antigua Realty (520) 576-8281 [email redacted] [Quoted text hidden]

https://mail.google.com/mail/u/0/?ik=6fc03499a2&view=pt&search=all&permthid=thread-a:r-[number redacted]&simpl=msg-a:r-[number redacted]… 3/3 Received 12/14/2023 ROC Legal

Writer – Corey B. Larson Direct Line – 520.202.7814 E-mail – [email redacted]

December 14, 2023

Via Email Only

Arizona Registrar of Contractors Mike Springer [email redacted] Investigator, AROC 1700 west Washington, Ste, 105 Phoenix, AZ 85007 [email redacted]

Re: Case No. 2023-11147 West Coast Roofing LLC License No. ROC 235353

Dear Mr. Springer:

Please accept this as the Written Answer of Respondent West Coast Roofing LLC (“WCR”) to the above stated matter. At the request of the Eden Roc Gardens Condos HOA, WCR performed re-roofing work at Buildings 3 and 4 at 3940 E. Timrod Street, Tucson, AZ in approximately late May of 2023. There have been no leaks or other issues with the roofing work performed by WCR, but rather there appears to be an issue with other facia not the responsibility or within the scope of work of WCR that, when the gutters and downspouts were removed and have not been replaced, that is allowing water penetration. To be clear, no part of WCR’s work is leaking or failing, but instead existing work of others outside of the scope of the roofing work is allowing water penetration into a breezeway. Specifically, WCR’s roof is operating as designed, but where water drips off the edge of the roof as intended, water drips onto other parts of the building that are damaged, and this is allowing water penetration under the breezeway in Building 3 on the west side. At the site inspection on November 13, 2023, WCR pointed out to Investigator Springer that the water penetration is not due to any leaking in the roof, but instead due to damage to a metal component that was not part of the roof, was not damage caused by WCR, and was not part of any of the work that was supposed to be or was performed by WCR. The Investigator noted that areas of a metal wrap of the building at the breezeway were damaged, which are part of the building system and not the roof system, such that

they were catching water off the roof’s drip edge. That is, the Investigator confirmed that WCR’s roof was not leaking, but instead a separate component of the building system was damaged and allowing water penetration. No party contended that such metal component was supposed to be addressed by WCR, that it was part of the roofing scope of work that WCR performed or was supposed to perform, pursuant to the parties’ Contract. It was simply the case that the building itself was damaged and when water dripped off the roof as intended, water penetrated into the building envelope and caused damage to the breezeway area. Although the issue causing the complained of water intrusion was not the result of any roofing work performed by WCR and, indeed, was the result of an existing building issue, a written directive was nonetheless issued to WCR. Although the bent metal that was damaged was not part of the roofing system, Investigator Springer apparently decided to very broadly interpret the language of the contract that WCR would “Replace damaged facia as necessary. (to be billed at $14.00 per linear foot)” as relating to any facia on the building, not just the wood facia that is part of the actual roofing system. Clearly, as the scope of WCR’s work was related to roofing, the Contract’s reference to replacing damaged facia for an additional amount of $14/ft related to the roof facia, not simply to any other facia that may exist on the building. Indeed, the material alone for the existing metal wrap that is damaged is approximately $32/ft, which is why it would not have been contemplated that WCR would venture outside of the roof system itself and agree to repair other components of the building at a $18/ft loss, which loss would simply be materials without even including labor. Although WCR disagreed with the Directive dated November 14, 2023, WCR made a business decision to simply attempt to comply and to replace the metal wrap on the building that was never part of its Contract. Accordingly, after reaching out to Investigator Springer to seek clarification and being advised that WCR was at least able to bill for this additional work at $14/ft, WCR prepared a bill and sent it to Complainant with a request to schedule the work. WCR was advised upon contacting Complainant that Alex Kairoff was out on vacation, but also that the work could not proceed forward until there was a meeting of the HOA to approve the expenditure. WCR has not received a further response from Complainant either approving or agreeing to pay the invoice amount for the $14/ft nor to schedule the work. Instead, WCR is aware that on December 4, 2023, Mr. Kairoff emailed Mr. Springer stating “No, the contractor did no work yet.” Such statement is, at best, misleading as it omits the material information that WCR contacted the Complainant to schedule the work, but that no response was given. Indeed, while it is true that WCR did no work, what is additionally true is that Complainant failed to respond to any request to schedule or perform the work, has not approved or agreed to the additional cost for the directive work, and that WCR was specifically told that any such work needed to wait for HOA approval, but that no further approval or response has been forthcoming. Specifically, on December 1, 2023, Stephanie Received 12/14/2023 ROC Legal West Coast Roofing LLC December 14, 2023 Page | 3

Luellen, whose email signature indicates she is the “Association Manager,” stated that “I will talk to the rest of the Board to try and help get this scheduled.” However, there has been no further word from Complainant, except for Mr. Kairoff’s misleading statement to Investigator Springer that “No, the contractor did no work yet.” Although WCR continues to disagree with the Directive because it was never contemplated that WCR would assume any responsibility for addressing damage to the building itself as part of its re-roofing efforts, WCR remains ready, willing, and able to nonetheless perform the work. However, to date, it has been denied access by Complainant by being told that its work needed to wait for further authorization from “the Board,” but receiving no further instruction or authority to proceed. As such, in Answer to the Citation, WCR denies that it failed to performed work in a good and workmanlike manner and affirmatively alleges that the roofing work it performed was installed as designed and agreed. WCR denies that damage to the building itself, and specifically damage to the metal wrap portions of the building, are or could be considered part of the Contract to perform a re-roof at the specified buildings. As such, WCR denies that it was required to repair the metal components of the building, whether at $14/ft or otherwise. Additionally, WCR denies that it failed to perform pursuant to the Citation as, instead, WCR has been denied access to perform the repairs as there has been no further response received since Ms. Luellen advised that additional authority was needed before WCR could be scheduled. WCR remains willing to comply with the Directive, although it disagrees with being required to do so, promptly upon receiving the signed contract for the additional work and being given authority to perform such work, which has been withheld by the Complainant to date. Best Regards,

WATERFALL ECONOMIDIS CALDWELL HANSHAW & VILLAMANA, P.C. Corey B. Larson Corey B. Larson, Esq. 4873-9943-7463, v. 1 Received 12/15/23, 8:11 AM State of Arizona Mail - Answer of West Coast Roofing to Eden Roc Complaint / Case No. 2023-11147 12/14/2023 ROC Legal

Answers - AZROC <[email redacted]>

Answer of West Coast Roofing to Eden Roc Complaint / Case No. 2023-11147 message

Kathy Abel <[email redacted]> Thu, Dec 14, 2023 at 2:09 PM To: "[email redacted]" <[email redacted]>, "[email redacted]" <[email redacted]> Cc: "Corey B. Larson" <[email redacted]>

Please find attached West Coast Roofing’s written answer in regards to case no. 2023-11147. Please let me know if you have any questions and/or problems with this transmission.

Kathy O. Abel Legal Assistant to Corey B. Larson WATERFALL, ECONOMIDIS, CALDWELL, HANSHAW & VILLAMANA, P.C. 5210 E. Williams Circle, Suite 800 Tucson, AZ 85711 [email redacted] Waterfall, Economidis, Caldwell, Hanshaw & Villamana, P.C. is a full-service law firm providing quality legal services in Southern Arizona since 1969. We know Tucson. We are Tucson.℠

An Independent Member of MERITAS® LAW FIRMS WORLDWIDE with

affiliated offices in more than 250 cities and 65 foreign countries.

This e-mail contains legally privileged and confidential information intended only for the individual or entity named within the message. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited. If this communication was received in error, please notify us by reply e-mail and delete the original message.

2023.12.14 Eden Roc ROC WRitten Answer.pdf 210K

https://mail.google.com/mail/b/AEoRXRSI9O5ib2v-YJT0CAXjMquTRXnu3eaa2fmWKOAYaOn3T6zE/u/0/?ik=581c53cf5c&view=pt&search=all&permt… 1/1 Complaint # 2023- 11147 P 1 JSI address: 3940 E. Timrod St. Unit 214. Date: 11-13-23 JSI PHOTOS Complaint # 2023- 11147 P 2 JSI address: 3940 E. Timrod St. Unit 214. Date: 11-13-23 JSI PHOTOS Complaint # 2023- 11147 P 3 JSI address: 3940 E. Timrod St. Unit 214. Date: 11-13-23 JSI PHOTOS Complaint # 2023- 11147 P 4 JSI address: 3940 E. Timrod St. Unit 214. Date: 11-13-23 JSI PHOTOS Complaint # 2023- 11147 P 5 JSI address: 3940 E. Timrod St. Unit 214. Date: 11-13-23 JSI PHOTOS 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