2023A-11438-CHC-ROC Notice of Hearing and Packet MAILED
2023A-11438-CHC-ROC · Registrar of Contractors · 2024-01-25
REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Emily Androsky , Case No. 2023-11438 COMPLAINANT, Docket No. 2023A-11438-CHC-ROC v. NOTICE OF HEARING ON CONTESTED CASE Avante Design Build LLC License Nos. ROC 328982, 317465
RESPONDENT.
This Notice of Hearing is issued under A.R.S. § 41-1092.05(D).
HEARING INFORMATION The hearing is set for:
March 11, 2024 1:00 PM Sondra Vanella 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 12, 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(b)
Charge: 2 A.R.S. § 32-1154(A)(22)
THE PARTIES TO THE ADMINISTRATIVE HEARING
Because Respondent is a licensee and is charged with an act(s) or omission(s) that is cause for the suspension or revocation of a license, Respondent is a party to this case and will be a party to the hearing. Because Complainant alleged Respondent committed an act(s) or omission(s) that is cause for the suspension or revocation of a license, Complainant is a party to this case and will be a party to the hearing.
Respondent and Complainant, as the parties to the hearing, will present evidence and
argument to the administrative law judge.
The Registrar’s assigned investigator will appear as a witness at the hearing.
RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney. A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented by an officer or employee if that person satisfies the conditions set forth in A.R.S. § 32- 1156(B).
CHANGE OF ADDRESS Each party must inform the Registrar and the Office of Administrative Hearings of any change of address within five (5) days of the change. A.R.S. § 41-1092.04.
HEARING PROCEDURES AND RULES The administrative hearing will be conducted in accordance with A.R.S. §§ 41-1092 to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and processes governing the administrative hearing. Copies of the statutes, rules, and articles regarding the administrative hearing process can be found at https://www.azoah.com/.
REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE The Registrar’s investigators, employees, and attorneys will appear at the hearing via video conference or telephone unless requested by a party to appear in-person. Requests for the Registrar’s investigators, employees, or attorneys to appear in-person must be filed with the Registrar and the Office of Administrative Hearings no later than seven (7) calendar days prior to the hearing date.
HEARING PACKET In the interests of administrative efficiency, the Registrar compiles and discloses
certain documents to the parties and the Office of Administrative Hearings. These documents
are attached to this Notice of Hearing as the “Hearing Packet.” If any party wishes to submit
additional evidence, they must do so during the hearing after completing a disclosure statement. See “Disclosure Statement” section below. SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS The parties to the hearing must be prepared to present evidence in support of their
case. If a party wants to obtain testimony from a witness or documents not in the party’s
possession, the party must prepare and file a written subpoena for the Administrative Law
Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a
subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com. The party seeking a subpoena must serve notice on all the parties to the hearing, and on the Registrar. A.R.S. § 41-1092.04.
DISCLOSURE STATEMENT At least seven calendar days before the hearing, each party must prepare and serve a
disclosure statement on all other parties, and file it with the Office of Administrative Hearings.
A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the
party will use at the hearing. A party’s failure to timely disclose any witness or exhibit, without good cause, may result in the administrative law judge excluding those witnesses or exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is available on the Registrar’s website at https://roc.az.gov/forms/RC-L-800A%20- %20Prehearing%20Disclosure%20Statement%2020191007v4.pdf
CHANGING THE HEARING DATE The date of the hearing may only be advanced or delayed on the agreement of the
parties or on a showing of good cause. A.R.S. § 41-1092.05(C). The date of the hearing may
be changed by filing a written agreement of the parties to change the date of the hearing. The
written agreement must be filed with the Office of Administrative Hearings, directed to the
assigned Administrative Law Judge, and transmitted to the Registrar and all other parties. The
assigned Administrative Law Judge may be found on the Office of Administrative Hearings’ web portal at www.azoah.com If a party would like to move the date of the hearing without agreement of all parties, the party must file a written motion with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmit a copy to the Registrar and all other parties.
The motion must state in detail good cause for why the date of the hearing should be advanced or delayed, and the position of all other parties regarding the advancement or delay. A party may also file a motion asserting a right to an expedited hearing upon a showing of extraordinary circumstances or the possibility of irreparable harm. A.R.S. § 41-1092.05(E).
RESOLUTION SHORT OF ADJUDICATION In any case which is resolved or settled by the parties, or which is withdrawn by the Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of the resolution or settlement. Any such cases will be listed on the Registrar’s website and its records under the category: “Closed Complaints – Resolved/Settled/Withdrawn.” Dated January 26, 2024.
By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail January 26, 2024 to: Respondent(s) Avante Design Build LLC 750 N. Robson Mesa, AZ 85201
Complainant(s) Emily Androsky 9348 W. JJ Ranch rd Phoenix, AZ 85383
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. 2023-11438 /
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: Emily Androsky 9348 W. JJ Ranch rd Phoenix, AZ 85383
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: Avante Design Build LLC 750 N. Robson Mesa, AZ 85201
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 16, 2023
Jobsite Inspection Notice Re: Complaint Number 2023-11438
Dear Complainant and Respondent:
A formal complaint has been filed with the Arizona Registrar of Contractors.
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.
COMPLAINANT: 1. Under A.R.S. § 32-1155(D)(1), the Respondent must be allowed, upon request, the opportunity to inspect the work complained of within fifteen (15) days of receiving this notice. If Respondent is not provided an opportunity to inspect the work within the fifteen (15) day time period, the Registrar may be prohibited from taking further action on this complaint. 2. The Registrar may also be precluded from taking further action on this complaint, if the work that is the subject of the complaint is subject to neglect, modification, or abnormal use. A.R.S. § 32-1155(D)(2) 3. You must provide safe access to any area to be inspected. If access to a roof or other elevated area is required, you must provide a means to safely access the area (ladder or manlift as appropriate). Additionally, please secure any animals.
RESPONDENT: 1. Enclosed is a copy of the complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity to inspect the work complained of within fifteen days of the date of receipt of this notice. 2. To assist the assigned investigator in evaluating the merits of the complaint, please submit a response to the enclosed complaint to the assigned investigator prior to the scheduled inspection. 3. If you do not attend the jobsite inspection, your absence may negatively impact the investigation, and your interests. 4. If a building permit(s) was required for this project, please have the building permit information available at the jobsite inspection.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 If either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time.
If the parties resolve the complaint prior to the inspection, please notify the assigned investigator in writing and by phone as soon as possible.
Sincerely, Daniel Edwards Daniel Edwards, Investigator #218 602 771 6788 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 A Guide to Jobsite Inspections
Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license alleging poor workmanship, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.
Jobsite Inspection Rights and Responsibilities Access to inspect: The property owner has complete control over who they allow on the property. However, if the Registrar’s investigator or the contractor cannot inspect the work, the Registrar will not move forward with a citation.
Cooperation: Arizona law enables injured parties to seek relief for damages through several paths. When dealing with a licensed contractor, the Registrar of Contractors’ administrative complaint process may serve as one of those possible paths. However, in order to use that path, the Registrar relies on the cooperation of all parties to a complaint.
Minimum workmanship: The Registrar investigates workmanship complaints for compliance with minimum workmanship and professional industry standards. The Registrar does not issue citations for work that meets these standards.
Scope: The scope of the Jobsite Inspection is limited to items listed in the complaint filed with the Registrar’s office. It is the complainant’s responsibility to point out the complaint item(s) and the Investigators role to review the item(s). If the complainant identifies additional workmanship items not listed in the original complaint, they must file an addendum to the complaint. The Registrar’s Investigator may identify additional administrative violations by the contractor (e.g. work performed out of scope of the license and failure to provide a contract that meets requirements set by Arizona law) at the time of the inspection.
The Role of the Investigator At the Jobsite Inspection, the Registrar’s investigator will: ● Only investigate the items listed on the complaint form filed with the Registrar. ● Will gather evidence to make an informed decision about the complaint items.
What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will leave the jobsite and review the evidence provided during the inspection. Generally, the investigator does not make any determination at the time of the jobsite inspection regarding whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.
Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 A Guide to Written Directives Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.
What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will determine whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.
Written Directives Access: In order to use the administrative process offered by the Registrar, a property owner must provide reasonable access to allow the contractor to fix their work as directed by the Registrar in a Written Directive. Complainants may not put any additional, unnecessary restrictions on the Respondent above and beyond the initial contract requirements agreed upon at the beginning of the project. Respondents are required to make repairs on items identified on any Written Directive, not otherwise restricted by local code or HOA limitations. Complainants must make access available to the Respondent to make the required repairs and failure to provide reasonable access may result in the Registrar dismissing the complaint.
Contractor obligations: The Written Directive will set a deadline for compliance. This is the period of time determined by the Investigator as necessary to complete the items listed in the Directive. ● The deadline for compliance assumes the contractor will promptly begin working on the items listed in the Directive. ● Do not wait. Both parties should communicate quickly to schedule the work.
Extensions: If good cause exists to extend this deadline, either party may submit a written request to the Investigator. The Registrar will review requests for extension and determine if the Directive should be extended.
Manner and method of performance: The Registrar does not provide specific instructions for how to correct poor work. A licensed contractor is expected to have the skill and professionalism to complete the work. Moreover, the complainant may not dictate the manner of repair. If the contractor fails to appropriately correct the work according to the contract, the Registrar will issue a citation.
Compliance Inspection: After the Written Directive expires, the Registrar’s Investigator will contact the complainant to determine if the contractor performed any corrective work. ● If the contractor did corrective work, the Investigator may schedule a Compliance Inspection to determine if the poor work is corrected. ● If the contractor did not perform any corrective work, the Registrar’s Investigator will not do a Compliance Inspection and will determine whether to issue a citation based on the administrative record.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Work performed after the directive ends: After the Directive period ends, a property owner may choose to allow the contractor to continue its work. The Registrar encourages parties to work cooperatively, but cannot require a homeowner to continue to allow a contractor access to the property after the Directive period ends in order for the administrative process to continue. Denying access after the Directive ends is not grounds to close or dismiss a complaint.
Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees
Person Filing Complaint Full Name (First Middle Last) Business Name (if a licensed contractor or supplier) ROC License Number(s) (if any)
Emily Androsky Mailing Address (Enter jobsite in Contract/Project section) City State Zip
9348 W. JJ Ranch rd Peoria Arizona 85383 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)
Avante Design Build LLC ROC 328982 Street Address City State Zip
750 N. Robson Mesa AZ 85201 Phone Number Email
480-277-6141 [email redacted] Name of Person(s) Representing License
Aaron Hernandez Contract/Project Information Contract Date Contract Amount Amount Paid
April 21, 2021 $145,280.00 $120,000.00 Date Work Started Date Work Stopped Date Work Was Completed
February 1, 2022 September 18, 2023 Close of Escrow (New Home) Move-In Date (New-Home)
Jobsite Street Address City State Zip
9348 W. JJ Ranch rd peoria AZ 85383 Name of Construction Site Owner Construction Site Name (if applicable)
Phone Number of Construction Site Owner Email of Construction Site Owner
This complaint is for Abandonment 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 Residential This project involved Other
A building permit was obtained by Property Owner 2102407 peoria 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)
Project timeline- this project was orally told it would be done in 6 months. ; zero communication- I am always the one to reach out for updates and to see if any work will be done. NEVER do I get a call or any updates. If I call to many times I get a text saying he will call me in 10 minutes, and never get a call; I have become my own GC and have out of pocket expenses of over $30k for materials and subs because no one shows up to my project.; My city permit was almost expired because its been 2 yrs and project is still not competed.; Lies, I have emails and texts from Aaron stating project completion dates for them never to happen.
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
Emily Androsky \complainant1\ \complainantd1\
RCC099 12/05/18 Page 2 of 2 Case no. 2023-11438
Dan Edwards, 11/2/2023 1 9348 W. JJ Ranch Rd JSI PHOTOS
Inside of the detached garage, the parties utilized the JSI to build a final walk punch list to be completed by the respondent. Issues include trim out for sink, baseboards, etc Case no. 2023-11438
Dan Edwards, 11/2/2023 2 9348 W. JJ Ranch Rd JSI PHOTOS
Door frame touch ups to be completed by respondent Case no. 2023-11438
Dan Edwards, 11/2/2023 3 9348 W. JJ Ranch Rd JSI PHOTOS
Fascia at front of garage to be painted by respondent Case no. 2023-11438
Dan Edwards, 11/2/2023 4 9348 W. JJ Ranch Rd JSI PHOTOS
Mini-split cabling to be encased in approved products Case no. 2023-11438
Dan Edwards, 11/2/2023 5 9348 W. JJ Ranch Rd JSI PHOTOS
Leftover rebar to be removed by R Case no. 2023-11438
Dan Edwards, 11/2/2023 6 9348 W. JJ Ranch Rd JSI PHOTOS
Kitchen area to be completed by R Case no. 2023-11438
Dan Edwards, 11/2/2023 7 9348 W. JJ Ranch Rd JSI PHOTOS
Trim to be completed by R Case no. 2023-11438
Dan Edwards, 11/2/2023 8 9348 W. JJ Ranch Rd JSI PHOTOS
Stair railing to be installed by R Case no. 2023-11438
Dan Edwards, 11/2/2023 9 9348 W. JJ Ranch Rd JSI PHOTOS
Shower lights to be corrected by R. Shower glass opening is 14 ¾” as well, to be corrected by R to meet local codes Case no. 2023-11438
Dan Edwards, 11/2/2023 10 9348 W. JJ Ranch Rd JSI PHOTOS
Attic access to be completed by R Case no. 2023-11438
Dan Edwards, 11/2/2023 11 9348 W. JJ Ranch Rd JSI PHOTOS
Bathroom electrical to be completed by R Jobsite Inspection Notes
Case No.: 2023-11438 Investigator: Daniel Edwards Inspection Date: November 2, 2023 Inspection Time: 9:00 AM
Complainant: Emily Androsky Respondent: Avante Design Build Not Present: LLC Not Present:
Jobsite General Notes:
Present at inspection was Emily Androsky (complainant). Present for respondent was Aaron Hernandez (member/QP for respondent). Photos taken with Canon ELPH digital camera and/or state-issued Google Pixel cell phone camera. Audio recorded with Olympus DM-720 digital voice recorder. Labelled photos included in case attachments labelled "20231102 JSI Photos 2023-11438."
Complaint Item: 1 - Project timeline- this project was orally told it would be done in 6 months Investigator’s Observation: Project was originally contracted in April of 2021 and the project is not completed as of the date of inspection. Complainant and respondent are coordinating on completing all needed touchups and a final punch list to be completed.
One specific issue pointed out at inspection is that the shower in the second floor of the detached garage has had the incorrect shower glass installed. The contract does not identify a specific shower door to be used, however, the glass door installed was reportedly purchased by complainant for a different bathroom and mistakenly installed by employees of respondent. Glass appears to be a 60" door which has been modified to fit the reduced shower space. When the door is fully
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
open, the opening of the shower glass measures 14 3/4". Per section P2708.1.1 of the 2018 IRC, "The shower compartment access and egress opening shall have a clear and unobstructed finished width of not less than 22 inches (559 mm)."
Respondent shall complete all punch list items discussed with the complainant, per contract and per all relevant building codes, by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Complaint Item: 2 - zero communication- I am always the one to reach out for updates and to see if any work will be done. NEVER do I get a call or any updates. If I call to many times I get a text saying he will call me in 10 minutes, and never get a call Investigator’s Observation: Allegation references customer service issues outside of the Registrar's jurisdiction. Governing Rule: N/A
Complaint Item: 3 - I have become my own GC and have out of pocket expenses of over $30k for materials and subs because no one shows up to my project Investigator’s Observation: Allegation references a financial dispute outside of the Registrar's jurisdiction. Issues with project timeline are addressed in separate allegations. Governing Rule: N/A
Complaint Item: 4 - My city permit was almost expired because its been 2 yrs and project is still not competed 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
Investigator’s Observation: City of Peoria permit no. 2102407 was originally issued in September of 2021 and as of date of inspection is still open pending final inspection. Respondent shall address any and all issues outlined by the building official in order to pass final inspection for this project by appropriate means. Respondent is not responsible to correct any potential code violations due to work performed by others. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Complaint Item: 5 - Lies, I have emails and texts from Aaron stating project completion dates for them never to happen Investigator’s Observation: Issues with project timeline are addressed in separate allegations. 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: Emily Androsky 9348 W. JJ Ranch rd Phoenix, AZ 85383
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: Avante Design Build LLC 750 N. Robson Mesa, AZ 85201
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 3, 2023
License No. ROC 328982
Re:Complaint No. 2023-11438
WRITTEN DIRECTIVE FROM THE REGISTRAR
Dear Respondent:
After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on November 21, 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 - Project timeline- this project was orally told it would be done in 6 months Investigator’s Observation: Project was originally contracted in April of 2021 and the project is not completed as of the date of inspection. Complainant and respondent are coordinating on completing all needed touchups and a final punch list to be completed.
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 One specific issue pointed out at inspection is that the shower in the second floor of the detached garage has had the incorrect shower glass installed. The contract does not identify a specific shower door to be used, however, the glass door installed was reportedly purchased by complainant for a different bathroom and mistakenly installed by employees of respondent. Glass appears to be a 60" door which has been modified to fit the reduced shower space. When the door is fully open, the opening of the shower glass measures 14 3/4". Per section P2708.1.1 of the 2018 IRC, "The shower compartment access and egress opening shall have a clear and unobstructed finished width of not less than 22 inches (559 mm)."
Respondent shall complete all punch list items discussed with the complainant, per contract and per all relevant building codes, by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item: 4 - My city permit was almost expired because its been 2 yrs and project is still not competed Investigator’s Observation: City of Peoria permit no. 2102407 was originally issued in September of 2021 and as of date of inspection is still open pending final inspection. Respondent shall address any and all issues outlined by the building official in order to pass final inspection for this project by appropriate means. Respondent is not responsible to correct any potential code
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 violations due to work performed by others. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:
Compliance Item: 2 - zero communication- I am always the one to reach out for updates and to see if any work will be done. NEVER do I get a call or any updates. If I call to many times I get a text saying he will call me in 10 minutes, and never get a call Investigator’s Observation: Allegation references customer service issues outside of the Registrar's jurisdiction. Governing Rule: N/A
Compliance Item: 3 - I have become my own GC and have out of pocket expenses of over $30k for materials and subs because no one shows up to my project Investigator’s Observation: Allegation references a financial dispute outside of the Registrar's jurisdiction. Issues with project timeline are addressed in separate allegations. Governing Rule: N/A
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Compliance Item: 5 - Lies, I have emails and texts from Aaron stating project completion dates for them never to happen Investigator’s Observation: Issues with project timeline are addressed in separate allegations. Governing Rule: N/A
Please direct all questions regarding this Directive to the undersigned Investigator.
Sincerely,
Daniel Edwards Daniel Edwards, Investigator #218 602 7716788 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complainant: Emily Androsky 9348 W. JJ Ranch rd Phoenix, AZ 85383
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: Avante Design Build LLC 750 N. Robson Mesa, AZ 85201
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov
C012 05/21 November 29, 2023
Compliance Jobsite Inspection Notice Re: Complaint No. 2023-11438
Dear Complainant and Respondent:
A Compliance Inspection has been scheduled for December 7, 2023 at 9:00AM to determine the current status of the items listed on the issued Directive.
The Complainant is required to be present for this inspection. The Respondent is encouraged to be present but is not required to attend.
Complainant: SAFE ACCESS IS REQUIRED TO ANY AREA TO BE INSPECTED.
Sincerely,
Daniel Edwards Daniel Edwards, Investigator #218 602 771 6788 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov
C012 05/21 Case no. 2023-11438
Dan Edwards, 12/7/2023 CP 1 9348 W. JJ Ranch Rd CJSI PHOTOS
Hose bib missing backflow preventer per city inspector Case no. 2023-11438
Dan Edwards, 12/7/2023 CP 2 9348 W. JJ Ranch Rd CJSI PHOTOS
Electrical at water heater not grounded Case no. 2023-11438
Dan Edwards, 12/7/2023 CP 3 9348 W. JJ Ranch Rd CJSI PHOTOS
Line set covers for mini splits have been installed Case no. 2023-11438
Dan Edwards, 12/7/2023 CP 4 9348 W. JJ Ranch Rd CJSI PHOTOS
Line set covers for mini splits have been installed Case no. 2023-11438
Dan Edwards, 12/7/2023 CP 5 9348 W. JJ Ranch Rd CJSI PHOTOS
Panel not labelled fully Case no. 2023-11438
Dan Edwards, 12/7/2023 CP 6 9348 W. JJ Ranch Rd CJSI PHOTOS
City has flagged oven as being not per plan and against local codes for detached dwelling units Case no. 2023-11438
Dan Edwards, 12/7/2023 CP 7 9348 W. JJ Ranch Rd CJSI PHOTOS
City has flagged stair railing as being too low Case no. 2023-11438
Dan Edwards, 12/7/2023 CP 8 9348 W. JJ Ranch Rd CJSI PHOTOS
Attic access flagged by city, OSB, needs to be drywall per city inspector Case no. 2023-11438
Dan Edwards, 12/7/2023 CP 9 9348 W. JJ Ranch Rd CJSI PHOTOS
No work has occurred at the shower, shower opening still measures 14 ¾” Case no. 2023-11438
Dan Edwards, 12/7/2023 CP 10 9348 W. JJ Ranch Rd CJSI PHOTOS
No work has occurred at the shower, shower opening still measures 14 ¾” Complainant: Emily Androsky 9348 W. JJ Ranch rd Phoenix, AZ 85383
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Respondent: Avante Design Build LLC 750 N. Robson Mesa, AZ 85201
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Case No.: 2023-11438 Investigator: Daniel Edwards #218 Inspection Date: December 7, 2023 Inspection Time: 9:00 AM
Compliance Jobsite General Notes:
Present at inspection wasEmily Androsky (complainant) and Aaron Hernandez (respondent). Photos taken with Canon ELPH digital camera and/or state-issued Google Pixel cell phone camera. Audio recorded with Olympus DM-720 digital voice recorder. Labelled photos included in case attachments labelled "20231207 CJSI Photos 2023-11438."
Compliance Findings:
Compliance Item: 1 - Project timeline- this project was orally told it would be done in 6 months Investigator’s Observation (Initial Inspection): Project was originally contracted in April of 2021 and the project is not completed as of the date of inspection. Complainant and respondent are coordinating on completing all needed touchups and a final punch list to be completed.
One specific issue pointed out at inspection is that the shower in the second floor of the detached garage has had the incorrect shower glass installed. The contract does not identify a specific shower door to be used, however, the glass door installed was reportedly purchased by complainant for a different bathroom and mistakenly installed by employees of respondent. Glass appears to be a 60" door which has been modified to fit the reduced shower space. When the door is fully open, the opening of the shower glass measures 14 3/4". Per section P2708.1.1 of the 2018 IRC, "The shower compartment access and egress opening shall have a clear and unobstructed finished width of not less than 22 inches (559 mm)."
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Respondent shall complete all punch list items discussed with the complainant, per contract and per all relevant building codes, by appropriate means. Investigator’s Observation (Compliance Inspection): Project is still not complete and no modifications have been made related to the shower opening. This issue remains unresolved. Governing Rule: A.R.S. § 32-1154(A)(3) - R4-9-108(b) Building Codes
Compliance Item: 4 - My city permit was almost expired because its been 2 yrs and project is still not competed Investigator’s Observation (Initial Inspection): City of Peoria permit no. 2102407 was originally issued in September of 2021 and as of date of inspection is still open pending final inspection. Respondent shall address any and all issues outlined by the building official in order to pass final inspection for this project by appropriate means. Respondent is not responsible to correct any potential code violations due to work performed by others. Investigator’s Observation (Compliance Inspection): As of the date of compliance inspection, City of Peoria permit no. 2102407 is still open and the city issued a correction notice at the most recent 11/22/2023 inspection, citing the following: “Provide city approved plans for inspection. Plans on site not matching electrical service from main panel to sub panel at Casita, ie: connection at main panel, panel schedules, breaker sizes and wiring. Plans call for a standard water heater, tankless installed. metal junction box at WH not bonded properly. Missing vacuum breaker on hose bib. There is exposed romex at mini splits and should be single strand conductors/ground in conduit. Casitas not to have a oven/range, and plans not showing one. Hand rail is low, it's below 34". Attic access lid to be drywall, not OSB. Romex not to
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 be in attic access. Missing insulation in attic. Revise plans to match all work on electrical and water heater. Have revised plans when rescheduling.” A multitude of these issues were observed to be incomplete during the compliance inspection. This item remains unresolved. Governing Rule: A.R.S. § 32-1154(A)(3) - R4-9-108(b) Building Codes
Note:
Please review the complaint items listed above. If any of the items have not been corrected at the time of the compliance inspection this complaint will be forwarded to the Registrar’s legal department and a citation may be issued.
If all items are corrected after receipt of this letter, please notify the Registrar’s legal department by sending a notice of compliance signed by the complainant to fax number (602) 364-0416 or by mail to: Arizona Registrar of Contractors, P.O. Box 18244, Phoenix, Arizona 85005-8244. Sincerely,
Daniel Edwards Daniel Edwards, Investigator #218 602 771 6788 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Emily Androsky, Case No. 2023-11438 COMPLAINANT, v. Avante Design Build LLC CITATION License Nos. ROC 328982, 317465,
RESPONDENT.
The Registrar issues this Citation to Avante Design Build LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by December 27, 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 October 2, 2023, Emily Androsky (“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(b) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building of 6
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity. Charge :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 of 6
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Case No. 2023-11438. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted] The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than December 27, 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 of 6
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). 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 of 6
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 Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated December 12, 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 12, 2023 to:
Respondent Certified Mail No: [number redacted]
Avante Design Build LLC 750 N. Robson Mesa, AZ 85201 Copy mailed by USPS First Class mail this same date to: Respondent Avante Design Build LLC 750 N. Robson Mesa, AZ 85201
Complainant Emily Androsky 9348 W. JJ Ranch rd Phoenix, AZ 85383
Copy sent electronically this same date to: of 6
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar
Case No. 2023-11438
of 6
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)
Emily Androsky Mailing Address (Enter jobsite in Contract/Project section) City State Zip
9348 W. JJ Ranch rd Peoria Arizona 85383 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)
Avante Design Build LLC ROC 328982 Street Address City State Zip
750 N. Robson Mesa AZ 85201 Phone Number Email
480-277-6141 [email redacted] Name of Person(s) Representing License
Aaron Hernandez Contract/Project Information Contract Date Contract Amount Amount Paid
April 21, 2021 $145,280.00 $120,000.00 Date Work Started Date Work Stopped Date Work Was Completed
February 1, 2022 September 18, 2023 Close of Escrow (New Home) Move-In Date (New-Home)
Jobsite Street Address City State Zip
9348 W. JJ Ranch rd peoria AZ 85383 Name of Construction Site Owner Construction Site Name (if applicable)
Phone Number of Construction Site Owner Email of Construction Site Owner
This complaint is for Abandonment 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 Residential This project involved Other
A building permit was obtained by Property Owner 2102407 peoria 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)
Project timeline- this project was orally told it would be done in 6 months. ; zero communication- I am always the one to reach out for updates and to see if any work will be done. NEVER do I get a call or any updates. If I call to many times I get a text saying he will call me in 10 minutes, and never get a call; I have become my own GC and have out of pocket expenses of over $30k for materials and subs because no one shows up to my project.; My city permit was almost expired because its been 2 yrs and project is still not competed.; Lies, I have emails and texts from Aaron stating project completion dates for them never to happen.
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
Emily Androsky \complainant1\ \complainantd1\
RCC099 12/05/18 Page 2 of 2 ESTIMATE Prepared For
Emily Androsky 9348 W JJ Ranch Rd Peoria, AZ 85383 (480) 773-8799
Avante Design Build Estimate # 298 Date 04/21/2021 750 N Robson Mesa, AZ 85201 Business / Tax # 82-3446263 Phone: (480) 277-6141 Email: [email redacted]
Description Total
Design and Permit Processing $2,000.00 Design floor plan, full set of plans to submit to the city for permits. City permit fees not included, those will be asses by city officials at the time of plan review, to be paid by homeowner.
New RV Garage $143,280.00 Build new RV garage by 2018 International Building Codes and following the approved plans. Includes foundation, concrete slab, framing, roof system, plumbing, electrical, HVAC, insulation, stucco, drywall and texture, paint, flooring, doors, baseboards, door casing, cabinets and countertops and RV garage door. Build according to approved plans.
Light fixtures and plumbing fixtures to be provided by homeowner.
Subtotal $145,280.00
Total $145,280.00
Payment Schedule
Deposit (1.38%) $2,000.00 Mobilization (49.31%) $71,640.00 After Passing Rough Inspection (39.45%) $57,312.00 After Passing Final Inspection (9.86%) $14,328.00
Signed on: 04/21/2021 Emily Androsky Aaron Hernandez
INVOICE Bill To
Emily Androsky 9348 W JJ Ranch Rd Peoria, AZ 85383 (480) 773-8799
Avante Design Build Payment terms Due upon receipt Invoice # 206 750 N Robson Mesa, AZ 85201 Date 04/23/2021 Phone: (480) 277-6141 Business / Tax # 82-3446263 Email: [email redacted]
Description Total
Design and Permit Processing $2,000.00 Design floor plan, full set of plans to submit to the city for permits. City permit fees not included, those will be asses by city officials at the time of plan review, to be paid by homeowner.
New RV Garage $143,280.00 Build new RV garage by 2018 International Building Codes and following the approved plans. Includes foundation, concrete slab, framing, roof system, plumbing, electrical, HVAC, insulation, stucco, drywall and texture, paint, flooring, doors, baseboards, door casing, cabinets and countertops and RV garage door. Build according to approved plans.
Light fixtures and plumbing fixtures to be provided by homeowner.
Subtotal $145,280.00
Total $145,280.00
After Passing Rough $632.00 Inspection
Payment Summary
04/23/2021 - Credit Card or PayPal $2,000.00 01/13/2022 - Cheque #140 $35,820.00 01/22/2022 - Cheque #142 $35,500.00 09/08/2022 - Cheque #149 $20,000.00 10/06/2022 - Cheque #176 $37,000.00
Paid Total $130,320.00
Remaining Amount $14,960.00
Payment Schedule
Deposit (1.38%) $2,000.00 Mobilization (49.31%) $71,640.00 After Passing Rough Inspection (39.45%) $57,312.00 After Passing Final Inspection (9.86%) $14,328.00
Signed on: 04/21/2021 Emily Androsky Aaron Hernandez
Estimate 24458 APEX GARAGE DOOR & REPAIR 9106 W Cielo Grande PEORIA, AZ 85383 www.apexgaragedoorandrepair.com 602-867-7111 [email redacted] ROC#300097
Customer Service Location Emily Androsky 9348 W JJ Ranch Rd 9348 W JJ Ranch Rd<br/>Peoria, AZ 85383-4067 Peoria, AZ 85383-4067 480-773-8799
Item(s) Qty Unit Name Description Rate Amount Tax Approved EACH GOLD BAR GOLD BAR LIFETIME WARRANTY EXCLUSIVE TO CLOPAY $0.00 $0.00 NON Yes WARRANTY AUTHORIZED DEALER- *LIFETIME WARRANTY ON NYLON BALL BEARING ROLLERS, HEAVY DUTY 14 GA QUIET-FLEX HINGES, CENTER BEARING *10 YEARS ON OIL TEMPERED, HIGH CYCLE SPRINGS. *ON STEEL BACK DOORS, LIMITED LIFETIME ON FINISH. *1 YEAR ON LABOR. EACH DOOR 16X8 14x16 SHORT PANEL IN CHOCOLATE BROWN, 3 LAYER $6,903.00 $6,903.00 NON Yes STEEL METAL BACK INSULATED DOOR, 9.0 R-VALUE, BACK 9.0 UPGRADED HARDWARE, ALL NEW TRACK, STEEL RVALUE BEARING WITH BALL BEARINGS, DOUBLE, OIL TEMPERED SPRINGS AND NYLON ROLLERS WITH BEARINGS SET WINDOWS, SINGLE PANE GLASS WINDOWS NO GRIDS/DESIGNS $630.00 $630.00 NON Yes DOUBLE DOOR SET PERIMETER COLOR MATCHING PERIMETER SEAL/TRIM, 2 VERTICAL $290.00 $290.00 NON Yes SEAL, SIDES AND 1 HORIZONTAL TOP COMPLETE Installed with 6D galvanized nails. Home owner, painter/sub contractor can follow with caulk if desired. Warranty; 90 days on parts, 90 days on labor EACH ANGLE INSTALL ANGLE IRON, 16 GA $24.00 $96.00 NON Yes IRON PUNCH BAR EACH WALLPLATE 1 GANG, NO DEVICE, BLANK WALLPLATE COVER IN $3.00 $9.00 NON Yes COVER, WHITE WHITE PER SCISSOR $375.00 $375.00 NON Yes DAY LIFT RENTAL
Subtotal $8,303.00 Tax $0.00 Total $8,303.00
Notes Install new door, trim and opener.
Terms
License.Bonded.Insured
Signature Date 303 Lighting & Estimate Electrical Estimate No: 948
PO Box 8281 Date: 09/05/2023 Surprise, AZ 85374 [email redacted] 303LightingElectrical.com (623) 377-1100
For: Matt & Emily Androsky [email redacted] 9348 W JJ Ranch Rd Peoria, AZ, 85383-4067 480-773-8799
Description Quantity Rate Amount
Service Call 1 $250.00 $200.00 Discount $50.00
Material 1 $6,200.00 $6,200.00
Labor 1 $11,500.00 $11,500.00
Equipment Rental 1 $800.00 $400.00 Scissor lift & Scaffolding Discount $400.00
Other requests 1 $1,250.00 $625.00 Bathroom lighted mirror, cut can lights in shower. Discount $625.00
Subtotal $18,925.00 Total $18,925.00
Total $18,925.00
Comments Run service feed from main panel to pull box for RV electrical panel.
Install and identify panel wires & circuits.
Install RV ceiling lights, Fan.
Install electrical disconnects for instant water heater.
Relocate garage door motor electrical.
1/2 303 Lighting & Electrical - Estimate 948 - 09/05/2023 Install remainder of the lighting inside loft and bathroom.
Add electrical for bathroom lighted mirror and shower lights.
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Avante Design Build 750 N Robson Mesa, AZ 85201 (480)277-6141 [email redacted]
12/27/2023
Emily Androsky 9348 W. JJ Ranch Road Phoenix, AZ 85383
Case No. 2023-11438
**Re: Answer to Citation and Complaint**
Dear Register if Contractors
I, Avante Design Build, am responding to the citation and complaint filed against me in the above-mentioned case. I specifically address the charges of violation under A.R.S. §32-1154(A)(3) and A.R.S. §32-1154(A)(22).
**Response to Charge 1 - A.R.S. §32-1154(A)(3) - R4-9-108(b):** I deny the allegations under A.R.S. §32-1154(A)(3) and A.A.C. R4-9-108(b) related to the violation of the rule adopted by the Registrar. I affirm that the work undertaken was performed in accordance with applicable building codes and professional industry standards, utilizing the requisite skills, prudence, and diligence.
**Affirmative Defenses for Charge 1:** In response to the first charge, I assert the following affirmative defenses:
1. The main reason why we haven’t received the certificate of occupancy has not been because of lack of skilled labor. Mainly is because the city of Peoria has not approved to have a range stove in the casita.
**Response to Charge 2 - A.R.S. §32-1154(A)(22):** I Deny the allegations under A.R.S. §32-1154(A)(22) regarding the failure to take appropriate corrective action.
**Affirmative Defenses for Charge 2:** In response to the second charge, I assert the following affirmative defenses: 1. When the city inspector came he gave us a list of items to correct, we corrected them. When he came back he saw other things to correct. Those were not performed by Avante. We are glad to correct them but to be clear those were outsourced. We are Received Legal 12/27/2023
currently working with the city to see if they will approve the range stove to stay. If they deny it then we will make arrangements with the homeowner to remove it. Two more items were mentioned, fix the glass door in the shower and ground the metal box for the water heater. We didn’t install the water heater but we’ll be glad to ground it.
I request the court to dismiss the charges against me and grant any other relief deemed just and proper. I affirm that my actions have been in compliance with the regulations set forth in the cited statutes.
I affirm that the information provided herein is true and accurate to the best of my knowledge.
Respectfully,
Avante Design Build REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Emily Androsky, Case No. 2023-11438 COMPLAINANT, v. Avante Design Build LLC ORDER DENYING REQUEST TO License No. ROC 328982, DISMISS RESPONDENT. BACKGROUND On December 12, 2023 the Registrar issued a citation against Respondent’s License No. ROC 328982. Respondent filed its Answer on December 27, 2023 The Answer included a request to dismiss the citation and close the complaint. ORDER IT IS ORDERED that Respondent’s request to dismiss is DENIED. The issues underlying the Citation and Complaint are best suited for presentation before the Office of Administrative Hearings. Respondent is free to raise the arguments and defenses presented in its request to dismiss before the administrative law judge. A Notice of Hearing will be issued in due course. Dated January 9, 2024. By: /s/ Robert Stirling Robert Stirling Assistant General Counsel Legal Department Arizona Registrar of Contractors
of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg127 5/21 Copy mailed via USPS First Class mail January 9, 2024 to:
Respondent(s) Avante Design Build LLC 750 N. Robson Mesa, AZ 85201
Complainant(s)
Emily Androsky 9348 W. JJ Ranch rd Phoenix, AZ 85383 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. 2023-11438/ MTH
of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg127 5/21 Mediation Notice
Mediation Services Mediation services are available to the parties. What is Mediation? Mediation is a method of resolving disputes where the parties can end conflict without the expense and time associated with the full administrative process. Who Participates in During mediation, a mediator will attempt to help the Mediation? parties find an optimal solution to the conflict. Both parties must agree to participate in mediation, and both parties must bring a representative to mediation that has full authority to settle the entire matter. Mediation Is Not Neither the Registrar nor the Office of Administrative Mandatory Hearings will penalize a party for not agreeing to mediation. Where do the Parties The parties will meet at the Office of Administrative Meet for Mediation? Hearings to participate in mediation.
The Office of Administrative Hearings is located at 1400 West Washington, Suite 101, Phoenix, Arizona 85007. When does Mediation can occur after the Registrar issues a citation, but Mediation Occur? before the administrative hearing. Why Should Parties Mediation can be an alternative to the full administrative Consider Mediation? process. Mediation is beneficial because it is (1) time- efficient, (2) cost-effective, (3) confidential, and (4) capable of providing flexible solutions to complex problems. How to Request If the parties wish to mediate this case, they must file a Joint Mediation Request for Mediation with the Office of Administrative Hearings. A Joint Request for Mediation is included with this Mediation Notice. REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA _________________________ Case No. _______________ COMPLAINANT,
v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.
REQUEST
The parties jointly request that this matter be referred to mediation in the Office of Administrative Hearings (OAH). ☐ This matter is set for hearing on __________________(date). ☐ This matter is not currently set for hearing. MEDIATION AGREEMENT By requesting this mediation and signing below, the parties understand, represent, and agree: 1. The parties are prepared to commence mediation and will be ready for mediation on _____________________(date); 2. The parties will participate in the mediation process in good faith; 3. This request for mediation is not intended to hinder or delay administrative proceedings; 4. No party will contend that the mediation limits the power of OAH and its administrative law judges to conduct an administrative hearing and issue decisions under A.R.S. §§ 41-1092 – 1092.12; 5. The parties will be courteous and respectful throughout the mediation process to all participants; 6. The mediation is completely voluntary and the principal purpose is to allow the parties a full and fair opportunity to discuss settlement; of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 7. The mediator may conduct joint and separate meetings with the parties and may suggest resolutions to the parties’ dispute, but the mediator has no authority to impose a settlement upon the parties; 8. The mediation process is confidential. Communications made, material created for or used during, and acts occurring during mediation are confidential and may not be discovered or admitted into evidence in any proceeding except as provided by A.R.S. § 12-2238; 9. The mediator is not subject to service of process or a subpoena to produce evidence or to testify regarding any evidence or occurrence relating to the mediation except as provided in A.R.S. § 12-2238(C); 10. Neither the mediator, nor the Registrar of Contractors, nor the Office of Administrative Hearings is subject to civil liability for any act or omission in connection with any mediation service or activity except for acts involving
intentional misconduct or reckless disregard of a substantial risk of injury to the rights of others; 11. Throughout the mediation process, each party must have a representative present who will have full settlement authority to settle all claims at issue in the administrative
proceeding. 12. The mediation process will terminate when: a. The parties reach settlement; b. The mediator determines that further efforts at mediation are no longer likely
to achieve a settlement; or c. One of the parties withdraws from mediation. _____________________________________ _______________________ Complainant (or representative) Date
_____________________________________ _______________________ Respondent (or representative) Date
of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 PREHEARING DISCLOSURE STATEMENT INSTRUCTIONS ***DO NOT SUBMIT THESE INSTRUCTIONS WITH THE PREHEARING DISCLOSURE FORM***
ADMINISTRATIVE RULES A copy of the Arizona Administrative Code’s Rules for the Registrar of Contractors can be located on the Registrar’s Website.
PREHEARING DISCLOSURE REQUIREMENT Under A.A.C. R4-9-118(A), before a hearing, the parties must prepare a disclosure statement. The disclosure statement must contain: • A list of all the witnesses the party will call to testify, including the witnesses’ contact information and a brief description of the subject matter of the witnesses’ expected testimony; and • A list of all the exhibits that the party will use at the hearing.
FILE PREHEARING DISCLOSURE STATEMENTS • The Prehearing Disclosure Statements and Exhibits may be submitted to the Arizona Office of Administrative Hearings using any of the following: • Electronically: https://portal.azoah.com/submission/ • In-Person or by Mail: 1740 West Adams Street, Lower Level, Phoenix, Arizona 85007
EXCHANGING DISCLOSURE STATEMENTS AND EXHIBITS Under A.A.C. R4-9-118(B) (effective November 5, 2017), a party to the hearing must serve on every other party and file with the Office of Administrative Hearings a copy of: • The disclosure statement; and, • Any exhibit that the party will use at the hearing. Service: The disclosure statement and exhibits must be served on all parties in accordance with Arizona Administrative Code R2-19-108 Filing Documents. Under A.A.C. R2-19-108, service is completed by: • Personal delivery; • 1st class, certified or express mail; or • Facsimile. Timing: The disclosure statement and the exhibits must be served and filed not less than seven calendar days before the date of the hearing. Under A.A.C. R2-19-108, a document is served on a party: • On the date it is personally served; • Five days after it is mailed by express or 1st class mail; • On the date of the return receipt if it is mailed by certified mail; or • On the date indicated on the facsimile transmission.
CONSEQUENCES FOR FAILING TO DISCLOSE Under A.A.C. R4-9-108(C), if a witness or an exhibit is not timely disclosed as required the rules, and good cause for the failure to disclose is not shown, then the administrative law judge may: • Order that certain witnesses or exhibits not be used at the hearing; • Order that a particular fact is or is not established for the record; or, • Order that a charge, a defense, a claim, or some portion thereof, be dismissed.
Form RC-L-800A Prehearing Disclosure Statement Rev. 10/08/2019 Instructions Form PREHEARING DISCLOSURE STATEMENT FORM RC-L-800A
PART 1: WITNESS LIST DOCKET NO. Under A.A.C. R4-9-118(A), before a hearing, a party must prepare a disclosure statement containing a list of all the witnesses the party will call to testify, including the witnesses’ contact information and a brief description of the subject matter of the witnesses’ expected testimony. If you need additional space to list all witnesses, complete and attach additional Witness Lists. Example 1. Name 2. Telephone Number 3. Email Address
John Doe (123) 456-7890 [email redacted] 4. Subject Matter of Expected Testimony
John Doe will testify regarding the poor workmanship and poor installation of the Garage Door. Mr. Doe will also testify regarding the invoices and change orders for the project.
Witness 1. Name 2. Telephone Number 3. Email Address
4. Subject Matter of Expected Testimony
Witness 1. Name 2. Telephone Number 3. Email Address
4. Subject Matter of Expected Testimony
Witness 1. Name 2. Telephone Number 3. Email Address
4. Subject Matter of Expected Testimony
Witness 1. Name 2. Telephone Number 3. Email Address
4. Subject Matter of Expected Testimony
Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 1 of 3 PART 2: EXHIBIT LIST DOCKET NO. Under A.A.C. R4-9-118(A), before a hearing, a party must prepare a disclosure statement containing a list of all the exhibits that the party will use at the hearing. Note: All exhibits listed below must be provided to all parties to the hearing. See A.A.C. R4-9-118(B). If you need additional space to list all witnesses, complete and attach additional Exhibit Lists. Example Contract for new garage door. Invoice #10001 – Cost for garage door replacement.
Exhibit Exhibit Name
Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 2 of 3 PART 3: ACKNOWLEDGEMENT & SIGNATURE I certify that the above information is true and correct and that I will serve a copy of this disclosure statement and any exhibits listed in Part 2 to all parties to the hearing in accordance with A.A.C. R4-9-118. I acknowledge and understand that if I fail to properly disclose a witness or exhibit, the administrative law judge may: • Order that certain witnesses or exhibits not be used at the hearing; • Order that a particular fact is or is not established for the record; or, • Order that a charge, a defense, a claim, or some portion thereof, be dismissed.
I am the (check one): Complainant Respondent Docket No.
Print Name Signature Date
Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 3 of 3