2023A-11601-NPC-ROC Notice of Hearing and Packet MAILED
2023A-11601-NPC-ROC · Registrar of Contractors · 2023-11-06
REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Desert Ready Mix LLC, Case No. 2023-11601 COMPLAINANT, Docket No. 2023A-11601-NPC-ROC v. NOTICE OF HEARING ON CONTESTED CASE L. B. Contracting LLC License No. ROC 244981,
RESPONDENT.
This Notice of Hearing is issued under A.R.S. § 41-1092.05(D).
HEARING INFORMATION The hearing is set for:
December 8, 2023 9:00 AM Velva Moses-Thompson Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.
If you have requested to appear in-person at the hearing, the hearing will be held at 1740 W Adams Street, Phoenix, AZ 85007.
You must attend this hearing. This is an adversarial hearing before an administrative law judge, and is conducted in a similar manner as judicial proceedings. Thus, you must be
prepared to present evidence, including witness testimony and documents, in support of your case.
STATEMENT OF LEGAL AUTHORITY AND JURISDICTION The State of Arizona has determined that the licensing and regulation of construction contractors is a proper state function, and has vested authority in the Registrar of Contractors to administer Title 32, Chapter 10 of the Arizona Revised Statutes. A.R.S. §§ 32-1101 et seq. All hearings for alleged violations of Title 32, Chapter 10 are conducted under Title 41,
Chapter 6, Article 10. A.R.S. § 32-1156.
The statutes and rules governing the hearing can be found at: Arizona Revised
Statutes §§ 41-1092 to -1092.12, and Arizona Administrative Code R2-19-101 to -122.
PARTICULAR ARIZONA STATUTES AND RULES INVOLVED The statutes and rules the Respondent is alleged to have violated are cited in the
complaint and citation, which were served on the Respondent on October 23, 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)(10)
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.
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 October 31, 2023.
By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors
Copy mailed via USPS First Class mail October 31, 2023 to: Respondent(s) L. B. Contracting LLC 5511 Lemonmint Ln Prescott, AZ 86305
Complainant(s) Desert Ready Mix LLC 4011 E Presidio St Mesa, AZ 85215
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. 2023-11601 /
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
October 6, 2023
Via U.S. Mail and Email
Complainant Desert Ready Mix LLC 4011 E Presidio St Mesa, AZ 85215
Via U.S. Mail and Email
Respondent L. B. Contracting LLC 5511 Lemonmint Ln Prescott, AZ 86305-3820
Re: Complaint No. 2023-11601
Dear Complainant and Respondent:
The Registrar received a complaint filed against L. B. Contracting LLC for non- payment of materials or services rendered. This complaint is complete and will be substantively reviewed by the Registrar.
Respondent is free to raise any issue or affirmative defense to this complaint by filing a response with the Registrar by October 13, 2023. Please reference the complaint number listed above if you file a response. Respondent may file a response by:
Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Email: [email redacted]
The Registrar will not issue a citation before October 13, 2023, and will review Respondent’s response, if one is submitted.
Please be advised that a response to the complaint is not the same as a written answer. If the Registrar issues a citation Respondent must file a written answer to that citation in accordance with A.R.S. § 32-1155.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 Sincerely,
/s/ Doug Ulmer ___________________ Doug Ulmer Legal Assistant Legal Department Registrar of Contractors
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 10/11/23, 3:15 PM State of Arizona Mail - Response from the Arizona Registrar of Contractors Legal Department Re: Mail Re: Case 2023-11601
Legal New Mail - AZROC <[email redacted]>
Response from the Arizona Registrar of Contractors Legal Department Re: Mail Re: Case 2023-11601 [email redacted] <[email redacted]> Tue, Oct 10, 2023 at 3:55 PM To: Legal New Mail - AZROC <[email redacted]>
For this case please send all emails to [email redacted]
Thank you [Quoted text hidden]
https://mail.google.com/mail/b/AEoRXRQUFGXIBCQUpT70faMD9-ajeARm3cF6_rdsPYzWqhtf6aDc/u/0/?ik=d3afebeda9&view=pt&search=all&perm… 1/1 Received 10/10/2023 ROC Legal
L B CONTRACTING LLC AZ ROC 244981 5511 LEMONMINT PRESCOTT, AZ 86305 VOICE 928 254-3746 FAX 928 257-4413
October 10, 2023
Arizona Registrar of Contractors 1700 W Washington Street Suite 105 Phoenix, AZ 85007-2812
RE: Case 2023-11601
Desert Ready Mix
VS
LB Contracting LLC
In response to the above referenced complaint Lb Contracting LLC response is as follows:
LB Contracting LLC had an agreement with FCI Constructors Inc that FCI Constructors Inc would pay all material suppliers with joint checks. LB Contracting LLC sent a pay request for the month of June 2023 and it was approved by FCI Constructors Inc. LB Contracting LLC was never paid for this invoice. Attached are invoices from Desert Ready Mix which were sent to FCI Constructors Inc to be included with Ferguson Waterworks and Pacwest Rentals for joint checks to be issued for June pay request. Ferguson Waterworks and Pacwest Rentals filed a 20 day Preliminary Notice and Desert Ready Mix did not Received 10/10/2023 ROC Legal
file a 20 Day Preliminary Notice. The attachments include a pay application refer to above in communications with FCI Constructors Inc and LB Contracting LLC and communication with LB Contracting LLC and Desert Ready Mix the email from Diane Price the office manager of FCI Constructors Inc and she decided which suppliers would be paid by FCI Constructors Inc with that pay request which indicated Desert Ready Mix would not be paid from that.The only money LB Contracting LLC received form FCI Constructors Inc during 2023 was for weekly labor cost during the month of May 2023. LB Contracting LLC received no funds out of June 2023 pay request. Additionally LB Contracting LLC was not paid on a previous project with Clout Construction LLC for about $69,000.00 which was owed in the year 2022. The last few projects that referenced herein the only sources of revenue LB Contracting LLC has had in the year 2022 and 2023 this has virtually put LB Contracting LLC in the position where it has no funds to pay Desert Ready Mix on the Maricopa Buckeye Fuel Station Project. This should be considered as LB Contracting LLC affirmative defense in accordance with A.R.S 32-1154 and this claimant should be dismissed. Clout Construction LLC has been ordered by the ROC to pay LB Contracting LLC over $36,000.00 and has refused to pay. LB Contracting LLC will pay the amount owed to Desert Ready Mix from the funds collected from Clout Construction LLC if and when Clout pays LB Contracting LLC.
Respectfully,
Orville Larry Bryant Member Received 10/10/2023 ROC Legal Received 10/10/2023 ROC Legal Received 10/10/2023 ROC Legal Received 10/10/2023 ROC Legal Received 10/10/2023 ROC Legal Received 10/10/2023 ROC Legal Received 10/10/2023 ROC Legal Received 10/10/2023 ROC Legal Received 10/10/2023 ROC Legal Received 10/10/2023 ROC Legal Received 10/10/2023 Date: ROC Legal 5/26/2023 Invoice No. 11285444 Account No. LBCO001 4011 E. Presidio St., Mesa, AZ 85215
Project No.: 12080 0001 Description: MARICOPA CNTY FUEL !!1.14!! L B CONTRACTING LLC From: KILAUEA CRUSHERS - ESRELLA 5511 LEMONMINT LANE PLANT To: MARICOPA COUNTY FUELING STATION PRESCOTT, AZ 86305 26519 MC 85 BUCKEYE, AZ 85326
12080-0001
PO: MARICOPA COUNTY FUEL Commodity: MAG SPEC ABC
Customer Item/Description Ticket No. Date Truck PO# Quantity Unit Rate Amount FSC Total Amount Material & Freight 391271 5/26/2023 LAN0050 MARICOPA 24.92 Tons 15.50 386.26 30.13 416.39 COUNTY FUEL Material & Freight 391272 5/26/2023 LAN0050 MARICOPA 24.94 Tons 15.50 386.57 30.15 416.72 COUNTY FUEL Material & Freight 391273 5/26/2023 LAN0050 MARICOPA 25.21 Tons 15.50 390.76 30.48 421.24 COUNTY FUEL Material & Freight 391274 5/26/2023 LAN0050 MARICOPA 24.95 Tons 15.50 386.73 30.16 416.89 COUNTY FUEL Material & Freight 391275 5/26/2023 LAN0050 MARICOPA 25.75 Tons 15.50 399.13 31.13 430.26 COUNTY FUEL Material & Freight 391276 5/26/2023 LAN0050 MARICOPA 24.93 Tons 15.50 386.42 30.14 416.56 COUNTY FUEL
Item Total Quantity Amount FSC
Material & Freight 150.70 2,335.87 182.19
Subtotal: 2,518.06 Total Sales Tax: 0.00
* FSC - Fuel Surcharge Total USD: 2,518.06 Received 10/11/23, 3:10 PM State of Arizona Mail - Case 2023-11601 10/10/2023 ROC Legal
Legal New Mail - AZROC <[email redacted]>
Case 2023-11601 message
[email redacted] <[email redacted]> Tue, Oct 10, 2023 at 3:51 PM To: [email redacted]
Attached please see LB Contracting LLC response to this complaint
attachments Attachments to LB response to Desert Redimix complaint.pdf 2619K Letter to ROC 10.10.23 RE Case 2023 11601.docx.pdf 84K Sales Invoice 11285444.pdf 204K
https://mail.google.com/mail/b/AEoRXRQUFGXIBCQUpT70faMD9-ajeARm3cF6_rdsPYzWqhtf6aDc/u/0/?ik=d3afebeda9&view=pt&search=all&permt… 1/1 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Case No. 2023-11601 Desert Ready Mix LLC,
COMPLAINANT, v. CITATION L. B. Contracting LLC, License No. ROC 244981,
RESPONDENT.
The Registrar issues this Citation to L. B. Contracting LLC (“Respondent”) under
A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by November 7, 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.
THE WRITTEN COMPLAINT
On October 5, 2023, Desert Ready Mix LLC (“Complainant”) filed a written complaint
with the Registrar against Respondent. 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 of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged
with violating:
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Charge :1 A.R.S. § 32-1154(A)(10) — Failure by a licensee or agent or
official of a licensee to pay monies in excess of $750 when due for materials or
services rendered in connection with the licensee's operations as a contractor
unless the licensee proves that the licensee lacks the capacity to pay and has not
received sufficient monies as payment for the particular construction work
project or operation for which the services or materials were rendered or
purchased.
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 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 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. 2023-11601. 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. of 5
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602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 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 November 7, 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. 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). 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 of 5
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602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 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 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 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 October 23, 2023. By: /s/ Margaret Lindsey Margaret Lindsey Assistant General Counsel Legal Department Arizona Registrar of Contractors
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602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, October 23, 2023 to:
Respondent Certified Mail No: [number redacted]
L. B. Contracting LLC 5511 Lemonmint Ln Prescott, AZ 86305-3820 Copy mailed by USPS First Class mail this same date to: Respondent L. B. Contracting LLC 5511 Lemonmint Ln Prescott, AZ 86305-3820 Complainant Desert Ready Mix LLC 4011 E Presidio St Mesa, AZ 85215 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. 2023-11601/du
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Douglas Ulmer <[email redacted]>
Case 2023-11601-Citation-Do Not Reply message
Douglas Ulmer <[email redacted]> Mon, Oct 23, 2023 at 4:30 PM To: [email redacted] Cc: Douglas Ulmer <[email redacted]> Bcc: "[email redacted]" <[email redacted]>
Good Afternoon,
Attached please find an electronic courtesy copy of the Citation issued in Case 2023-11601. This document was also sent to your attention via US Mail.
Please do not reply directly to this email. Any reply or response should be addressed to [email redacted].
Thanks, 20231023 Citation 2023-11601 Mailed.pdf
Douglas Ulmer Arizona Registrar of Contractors 1700 W. Washington St., Suite 105 Phoenix, AZ 85007 [email redacted] (602) 542-1525 www.roc.az.gov
https://mail.google.com/mail/u/0/?ik=bac2c3e6c6&view=pt&search=all&permthid=thread-a:r6652958048549850409%7Cmsg-a:r24775014316062172… 1/1 Received 10/27/2023 ROC Legal
Larry Bryant 10/27/2023 Managing Member Case No. 2023-11601 LB Contracting LLC 5511 Lemonmint Lane Prescott, AZ 86305 P (928) 254-3746 F (928) 257-4413 C (928) 713-4002 [email redacted]
Written Answer to Citation and Complaint Please consider this a written answer to citation case no 2023-11601. LB Contracting was a subcontractor for FCI Constructors on a project named the Maricopa County Buckeye Fueling Station. The building pad was constructed August 2022 for which LB Contracting billed FCI Constructors and which FCI Constructors paid LB Contracting the amount of the billing. LB Contracting returned to the site in November of 2022 and completed the rough grading in December of 2022. LB Contracting billed FCI Constructors for the work and FCI paid LB for the work in late December 2022. LB Contracting was prepared to start the utility work as soon as they finished the rough grading but was prevented from doing that due to the city of Buckeye’s engineering permit not being issued. In March of 2023 FCI Constructors notified LB Contracting that the engineering permit would be issued in April of 2023 and was held up because of revisions to the fire line plan a meeting was held in FCI office March 16,2023 to discuss the preparation for the project to begin. Larry Bryant notified FCI at that time that because of the previous project which he had not been paid for in the amount of almost $70,000.00 LB Contracting did not have the funds to carry this project forward. FCI Constructors offered to issue joint checks to all material and equipment suppliers and fund the weekly expenses for labor and miscellaneous fuel expenses each week until the project was completed. LB Contracting discussed with FCI Construtors at that time that the delay in issuing the permit resulted in standby costs in equipment rental of over $19,000.00 and asked FCI Constructors to issue a change order for those additional costs. FCI Constructors refused to do so. LB Contacting returned to the site this first week of May 2023 to Received 10/27/2023 ROC Legal
start the utility work the agreement was made between FCI Constructors and LB Contracting that survey would be in place for the Fire line prior to the start of work but was never actually provide adequately. LB Contracting was impacted economically by the refusal of FCI Constructors to provide survey for the Fire Line and after 3 weeks of arguing with FCI Contractors that the proper survey needs to be in place to install the Fire line per the approve Fire protection drawings. FCI Constructors refused to provide that survey even though it was specified in the contract between FCI and LB Contracting. Additionally, there were many existing and future underground utilities which were in conflict with the fire line. FCI Constructors directed LB Contracting to make any changes necessary to resolve those conflicts without the review and reapproval of the fire protection plan by the design engineer which is a violation of the federal fire protection code and the Arizona fire protection code. LB Contracting refused to continue work until the fire protection plan was revised and approved. FCI Constructors paid LB Contracting for the first 2 weeks for labor and fuel and then refused to pay weekly payments any further. On June 10, 2023, LB Contracting notified FCI Constructors that LB Contracting was terminating the contract because of the following.
1. FCI refusal to pay for the downtime change order. 2. FCI refusal to properly set survey stakes 3. Require LB Contracting to preform work in violation of the state and federal fire protection codes 4. The refusal of FCI to pay weekly labor and fuel expenses
LB Contracting demobilized and left the project that day. LB Contracting forward all the invoices, for the material and equipment rentals up to that date to FCI for payment including all the invoices from Desert Ready Mix. LB Contracting was invited to bill for the month of June 2023 and did so and copy attached. The billing was enough to pay all the suppliers outstanding, including Desert Ready Mix, but because Desert Ready Mix did not file a 20-day Preliminary notice which the other suppliers did they were not paid by FCI. FCI Constructors never paid LB Contracting wasn’t paid anything for that invoice and refused to sign a joint check Received 10/27/2023 ROC Legal
for the balance of the suppliers when Desert Ready Mix was excluded. LB Contracting has not operated since June 10.2023 and has no pending contracts. LB Contracting does not have the money to pay Desert Ready Mix and proof of that was required by the statue and attached is LB Contracting banking records for May 2023 until the present time. That should be proof that LB Contracting never received any money from FCI for payment for the June 2023 work for which Desert Ready Mix invoices were a part of. LB Contracting hereby requests a hearing by the Office of Administrative Hearing to resolve this citation.
Sincerely, Larry Bryant Received 10/27/2023 ROC Legal Received 10/27/2023 ROC Legal Received 10/27/2023 ROC Legal Received 10/27/23, 1:00 PM State of Arizona Mail - Citation Answer 2023-11601 10/27/2023 ROC Legal
Answers - AZROC <[email redacted]>
Citation Answer 2023-11601 message
[email redacted] <[email redacted]> Fri, Oct 27, 2023 at 12:53 PM To: [email redacted], Legal New Mail - AZROC <[email redacted]> Cc: Larry Bryant | LB Contracting AZ <[email redacted]>
Please send all emails to contact information listed below
Larry Bryant
Managing Member
LB Contracting LLC
5511 Lemonmint Lane
Prescott, AZ 86305
P (928) 254-3746
F (928) 257-4413
C (928) 713-4002
attachments Scan0209.pdf 776K LB Contracting LLC Citation Answer.pdf 96K
https://mail.google.com/mail/b/AEoRXRQU_pqIQLlbud-ZUSJvhLVyFmeNnukugIhjjRek5xIaGPZP/u/0/?ik=581c53cf5c&view=pt&search=all&permthid=… 1/1 Mediation Notice
Mediation Services Mediation services are available to the parties. What is Mediation? Mediation is a method of resolving disputes where the parties can end conflict without the expense and time associated with the full administrative process. Who Participates in During mediation, a mediator will attempt to help the Mediation? parties find an optimal solution to the conflict. Both parties must agree to participate in mediation, and both parties must bring a representative to mediation that has full authority to settle the entire matter. Mediation Is Not Neither the Registrar nor the Office of Administrative Mandatory Hearings will penalize a party for not agreeing to mediation. Where do the Parties The parties will meet at the Office of Administrative Meet for Mediation? Hearings to participate in mediation.
The Office of Administrative Hearings is located at 1400 West Washington, Suite 101, Phoenix, Arizona 85007. When does Mediation can occur after the Registrar issues a citation, but Mediation Occur? before the administrative hearing. Why Should Parties Mediation can be an alternative to the full administrative Consider Mediation? process. Mediation is beneficial because it is (1) time- efficient, (2) cost-effective, (3) confidential, and (4) capable of providing flexible solutions to complex problems. How to Request If the parties wish to mediate this case, they must file a Joint Mediation Request for Mediation with the Office of Administrative Hearings. A Joint Request for Mediation is included with this Mediation Notice. REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA _________________________ Case No. _______________ COMPLAINANT,
v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.
REQUEST
The parties jointly request that this matter be referred to mediation in the Office of Administrative Hearings (OAH). ☐ This matter is set for hearing on __________________(date). ☐ This matter is not currently set for hearing. MEDIATION AGREEMENT By requesting this mediation and signing below, the parties understand, represent, and agree: 1. The parties are prepared to commence mediation and will be ready for mediation on _____________________(date); 2. The parties will participate in the mediation process in good faith; 3. This request for mediation is not intended to hinder or delay administrative proceedings; 4. No party will contend that the mediation limits the power of OAH and its administrative law judges to conduct an administrative hearing and issue decisions under A.R.S. §§ 41-1092 – 1092.12; 5. The parties will be courteous and respectful throughout the mediation process to all participants; 6. The mediation is completely voluntary and the principal purpose is to allow the parties a full and fair opportunity to discuss settlement; of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 7. The mediator may conduct joint and separate meetings with the parties and may suggest resolutions to the parties’ dispute, but the mediator has no authority to impose a settlement upon the parties; 8. The mediation process is confidential. Communications made, material created for or used during, and acts occurring during mediation are confidential and may not be discovered or admitted into evidence in any proceeding except as provided by A.R.S. § 12-2238; 9. The mediator is not subject to service of process or a subpoena to produce evidence or to testify regarding any evidence or occurrence relating to the mediation except as provided in A.R.S. § 12-2238(C); 10. Neither the mediator, nor the Registrar of Contractors, nor the Office of Administrative Hearings is subject to civil liability for any act or omission in connection with any mediation service or activity except for acts involving
intentional misconduct or reckless disregard of a substantial risk of injury to the rights of others; 11. Throughout the mediation process, each party must have a representative present who will have full settlement authority to settle all claims at issue in the administrative
proceeding. 12. The mediation process will terminate when: a. The parties reach settlement; b. The mediator determines that further efforts at mediation are no longer likely
to achieve a settlement; or c. One of the parties withdraws from mediation. _____________________________________ _______________________ Complainant (or representative) Date
_____________________________________ _______________________ Respondent (or representative) Date
of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 PREHEARING DISCLOSURE STATEMENT INSTRUCTIONS ***DO NOT SUBMIT THESE INSTRUCTIONS WITH THE PREHEARING DISCLOSURE FORM***
ADMINISTRATIVE RULES A copy of the Arizona Administrative Code’s Rules for the Registrar of Contractors can be located on the Registrar’s Website.
PREHEARING DISCLOSURE REQUIREMENT Under A.A.C. R4-9-118(A), before a hearing, the parties must prepare a disclosure statement. The disclosure statement must contain: • A list of all the witnesses the party will call to testify, including the witnesses’ contact information and a brief description of the subject matter of the witnesses’ expected testimony; and • A list of all the exhibits that the party will use at the hearing.
FILE PREHEARING DISCLOSURE STATEMENTS • The Prehearing Disclosure Statements and Exhibits may be submitted to the Arizona Office of Administrative Hearings using any of the following: • Electronically: https://portal.azoah.com/submission/ • In-Person or by Mail: 1740 West Adams Street, Lower Level, Phoenix, Arizona 85007
EXCHANGING DISCLOSURE STATEMENTS AND EXHIBITS Under A.A.C. R4-9-118(B) (effective November 5, 2017), a party to the hearing must serve on every other party and file with the Office of Administrative Hearings a copy of: • The disclosure statement; and, • Any exhibit that the party will use at the hearing. Service: The disclosure statement and exhibits must be served on all parties in accordance with Arizona Administrative Code R2-19-108 Filing Documents. Under A.A.C. R2-19-108, service is completed by: • Personal delivery; • 1st class, certified or express mail; or • Facsimile. Timing: The disclosure statement and the exhibits must be served and filed not less than seven calendar days before the date of the hearing. Under A.A.C. R2-19-108, a document is served on a party: • On the date it is personally served; • Five days after it is mailed by express or 1st class mail; • On the date of the return receipt if it is mailed by certified mail; or • On the date indicated on the facsimile transmission.
CONSEQUENCES FOR FAILING TO DISCLOSE Under A.A.C. R4-9-108(C), if a witness or an exhibit is not timely disclosed as required the rules, and good cause for the failure to disclose is not shown, then the administrative law judge may: • Order that certain witnesses or exhibits not be used at the hearing; • Order that a particular fact is or is not established for the record; or, • Order that a charge, a defense, a claim, or some portion thereof, be dismissed.
Form RC-L-800A Prehearing Disclosure Statement Rev. 10/08/2019 Instructions Form PREHEARING DISCLOSURE STATEMENT FORM RC-L-800A
PART 1: WITNESS LIST DOCKET NO. Under A.A.C. R4-9-118(A), before a hearing, a party must prepare a disclosure statement containing a list of all the witnesses the party will call to testify, including the witnesses’ contact information and a brief description of the subject matter of the witnesses’ expected testimony. If you need additional space to list all witnesses, complete and attach additional Witness Lists. Example 1. Name 2. Telephone Number 3. Email Address
John Doe (123) 456-7890 [email redacted] 4. Subject Matter of Expected Testimony
John Doe will testify regarding the poor workmanship and poor installation of the Garage Door. Mr. Doe will also testify regarding the invoices and change orders for the project.
Witness 1. Name 2. Telephone Number 3. Email Address
4. Subject Matter of Expected Testimony
Witness 1. Name 2. Telephone Number 3. Email Address
4. Subject Matter of Expected Testimony
Witness 1. Name 2. Telephone Number 3. Email Address
4. Subject Matter of Expected Testimony
Witness 1. Name 2. Telephone Number 3. Email Address
4. Subject Matter of Expected Testimony
Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 1 of 3 PART 2: EXHIBIT LIST DOCKET NO. Under A.A.C. R4-9-118(A), before a hearing, a party must prepare a disclosure statement containing a list of all the exhibits that the party will use at the hearing. Note: All exhibits listed below must be provided to all parties to the hearing. See A.A.C. R4-9-118(B). If you need additional space to list all witnesses, complete and attach additional Exhibit Lists. Example Contract for new garage door. Invoice #10001 – Cost for garage door replacement.
Exhibit Exhibit Name
Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 2 of 3 PART 3: ACKNOWLEDGEMENT & SIGNATURE I certify that the above information is true and correct and that I will serve a copy of this disclosure statement and any exhibits listed in Part 2 to all parties to the hearing in accordance with A.A.C. R4-9-118. I acknowledge and understand that if I fail to properly disclose a witness or exhibit, the administrative law judge may: • Order that certain witnesses or exhibits not be used at the hearing; • Order that a particular fact is or is not established for the record; or, • Order that a charge, a defense, a claim, or some portion thereof, be dismissed.
I am the (check one): Complainant Respondent Docket No.
Print Name Signature Date
Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 3 of 3