2023A-11700-CHC-ROC Notice of Hearing & Packet MAILED

2023A-11700-CHC-ROC · Registrar of Contractors · 2024-08-20

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Dennis Canar , Case No. 2023-11700

COMPLAINANT, Docket No. 2023A-11700-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Abbott Rhoton Investments LLC DBA: Capstone Homes, License No. ROC 244985,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

October 11, 2024 1:00 PM Samuel Fox 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 August 9, 2024. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED

The complaint and citation allege that the Respondent committed the following act(s): Charge: 1 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Charge: 2 A.R.S. § 32-1154(A)(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 August 20, 2024.

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

Copy mailed via USPS First Class mail August 20, 2024 to:

Respondent(s) Abbott Rhoton Investments LLC DBA: Capstone Homes, 3605 S. Flagstaff Ranch Rd. Flagstaff, AZ 86005

Complainant(s) Dennis Canar 16125 W Marconi Ave Surprise, AZ 85374

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. 2023-11700 /

Douglas A. Ducey, Governor Jeffrey L. Fleetham, 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

Douglas A. Ducey, Governor Jeffrey L. Fleetham, 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

Douglas A. Ducey, Governor Jeffrey L. Fleetham, 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: Dennis Canar 11840 Pegasus Rd Bellemont, AZ 86015

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: Abbott Rhoton Investments LLC DBA: Capstone Homes 3605 S Flagstaff Ranch Rd Flagstaff, AZ 86005-2425

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 November 16, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-11700

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for December 1, 2023 at 10:00 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,

Chris Allison Chris Allison, Investigator #193 Desk: (928) 637-0481 Cell: (928) 210-1587 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812

Note: I will not respond to/accept any text messages. Any/all documents, photos, Etc. Will need to be emailed. Please reference complaint number in email.

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

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

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

Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license alleging poor workmanship, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.

Jobsite Inspection Rights and Responsibilities Access to inspect: The property owner has complete control over who they allow on the property. However, if the Registrar’s investigator or the contractor cannot inspect the work, the Registrar will not move forward with a citation.

Cooperation: Arizona law enables injured parties to seek relief for damages through several paths. When dealing with a licensed contractor, the Registrar of Contractors’ administrative complaint process may serve as one of those possible paths. However, in order to use that path, the Registrar relies on the cooperation of all parties to a complaint.

Minimum workmanship: The Registrar investigates workmanship complaints for compliance with minimum workmanship and professional industry standards. The Registrar does not issue citations for work that meets these standards.

Scope: The scope of the Jobsite Inspection is limited to items listed in the complaint filed with the Registrar’s office. It is the complainant’s responsibility to point out the complaint item(s) and the Investigators role to review the item(s). If the complainant identifies additional workmanship items not listed in the original complaint, they must file an addendum to the complaint. The Registrar’s Investigator may identify additional administrative violations by the contractor (e.g. work performed out of scope of the license and failure to provide a contract that meets requirements set by Arizona law) at the time of the inspection.

The Role of the Investigator At the Jobsite Inspection, the Registrar’s investigator will: ● Only investigate the items listed on the complaint form filed with the Registrar. ● Will gather evidence to make an informed decision about the complaint items.

What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will leave the jobsite and review the evidence provided during the inspection. Generally, the investigator does not make any determination at the time of the jobsite inspection regarding whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 A Guide to Written Directives Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.

What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will determine whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.

Written Directives Access: In order to use the administrative process offered by the Registrar, a property owner must provide reasonable access to allow the contractor to fix their work as directed by the Registrar in a Written Directive. Complainants may not put any additional, unnecessary restrictions on the Respondent above and beyond the initial contract requirements agreed upon at the beginning of the project. Respondents are required to make repairs on items identified on any Written Directive, not otherwise restricted by local code or HOA limitations. Complainants must make access available to the Respondent to make the required repairs and failure to provide reasonable access may result in the Registrar dismissing the complaint.

Contractor obligations: The Written Directive will set a deadline for compliance. This is the period of time determined by the Investigator as necessary to complete the items listed in the Directive. ● The deadline for compliance assumes the contractor will promptly begin working on the items listed in the Directive. ● Do not wait. Both parties should communicate quickly to schedule the work.

Extensions: If good cause exists to extend this deadline, either party may submit a written request to the Investigator. The Registrar will review requests for extension and determine if the Directive should be extended.

Manner and method of performance: The Registrar does not provide specific instructions for how to correct poor work. A licensed contractor is expected to have the skill and professionalism to complete the work. Moreover, the complainant may not dictate the manner of repair. If the contractor fails to appropriately correct the work according to the contract, the Registrar will issue a citation.

Compliance Inspection: After the Written Directive expires, the Registrar’s Investigator will contact the complainant to determine if the contractor performed any corrective work. ● If the contractor did corrective work, the Investigator may schedule a Compliance Inspection to determine if the poor work is corrected. ● If the contractor did not perform any corrective work, the Registrar’s Investigator will not do a Compliance Inspection and will determine whether to issue a citation based on the administrative record.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Work performed after the directive ends: After the Directive period ends, a property owner may choose to allow the contractor to continue its work. The Registrar encourages parties to work cooperatively, but cannot require a homeowner to continue to allow a contractor access to the property after the Directive period ends in order for the administrative process to continue. Denying access after the Directive ends is not grounds to close or dismiss a complaint.

Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 11/22/23, 1:00 PM State of Arizona Mail - ROC Complaint 2023-11700 Jobsite Inspection

Christopher Allison <[email redacted]>

ROC Complaint 2023-11700 Jobsite Inspection Pegasus House <[email redacted]> Fri, Nov 17, 2023 at 10:43 AM To: Christopher Allison <[email redacted]>

Hi Chris,

Could we please reschedule this inspection to December 6th at 10 AM if possible? December 7th in the morning could also work, just let me know.

Thanks, Dennis [Quoted text hidden]

https://mail.google.com/mail/u/0/?ik=9a388841cf&view=pt&search=all&permmsgid=msg-f:[number redacted]&simpl=msg-f:[number redacted] 1/1 Complainant: Dennis Canar 11840 Pegasus Rd Bellemont, AZ 86015

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 Respondent: Abbott Rhoton Investments LLC DBA: Capstone Homes 3605 S Flagstaff Ranch Rd Flagstaff, AZ 86005-2425

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 November 22, 2023

Re: Complaint Number 2023-11700

Dear Complainant and Respondent:

Due to a conflict in scheduling of one of the parties, the jobsite inspection scheduled for December 1, 2023 at 10:00 AM has been rescheduled for December 6, 2023 at 10:00 AM.

If either party is unable to attend, the Registrar requires 36-hours advance notice for cancellation or continuance.

Complainant: Safe access is required to any area to be inspected.

Should you have any questions regarding the above, please contact me.

Sincerely,

Chris Allison Chris Allison, Investigator #193 Desk: (928) 637-0481 Cell: (928) 210-1587 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812

Note: I will not respond to/accept any text messages. Any/all documents, photos, Etc. Will need to be emailed. Please reference complaint number in email.

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

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 Complaint #2023-11700 P 1 JSI PHOTOS J Complaint #2023-11700 P 2 JSI PHOTOS J Complaint #2023-11700 P 3 JSI PHOTOS J Complaint #2023-11700 P 4 JSI PHOTOS J Complaint #2023-11700 P 5 JSI PHOTOS J Complaint #2023-11700 P 6 JSI PHOTOS J Complaint #2023-11700 P 7 JSI PHOTOS J Complaint #2023-11700 P 8 JSI PHOTOS J Complaint #2023-11700 P 9 JSI PHOTOS J Complaint #2023-11700 P 10 JSI PHOTOS J Complaint #2023-11700 P 11 JSI PHOTOS J Complaint #2023-11700 P 12 JSI PHOTOS J Complaint #2023-11700 P 13 JSI PHOTOS J Complaint #2023-11700 P 14 JSI PHOTOS J Complaint #2023-11700 P 15 JSI PHOTOS J Complaint #2023-11700 P 16 JSI PHOTOS J Complaint #2023-11700 P 17 JSI PHOTOS J Complaint #2023-11700 P 18 JSI PHOTOS J Complaint #2023-11700 P 19 JSI PHOTOS J Complaint #2023-11700 P 20 JSI PHOTOS J Complaint #2023-11700 P 21 JSI PHOTOS J Complaint #2023-11700 P 22 JSI PHOTOS J Complaint #2023-11700 P 23 JSI PHOTOS J Complaint #2023-11700 P 24 JSI PHOTOS J Complaint #2023-11700 P 25 JSI PHOTOS J Complaint #2023-11700 P 26 JSI PHOTOS J Complaint #2023-11700 P 27 JSI PHOTOS J Complaint #2023-11700 P 28 JSI PHOTOS J Complaint #2023-11700 P 29 JSI PHOTOS J Complaint #2023-11700 P 30 JSI PHOTOS J Complaint #2023-11700 P 31 JSI PHOTOS J Complaint #2023-11700 P 32 JSI PHOTOS J Complaint #2023-11700 P 33 JSI PHOTOS J Complaint #2023-11700 P 34 JSI PHOTOS J Complaint #2023-11700 P 35 JSI PHOTOS J Complaint #2023-11700 P 36 JSI PHOTOS J Complaint #2023-11700 P 37 JSI PHOTOS J Complaint #2023-11700 P 38 JSI PHOTOS J Complaint #2023-11700 P 39 JSI PHOTOS J Complainant: Dennis Canar 11840 Pegasus Rd Bellemont, AZ 86015

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: Abbott Rhoton Investments LLC DBA: Capstone Homes 3605 S Flagstaff Ranch Rd Flagstaff, AZ 86005-2425

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 December 22, 2023

License No. ROC 244985

Re:Complaint No. 2023-11700

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 January 31, 2024.

RESTRICTIONS  You may not perform or hire other contractors to perform work that is outside the scope of your license.  If your license is currently suspended for administrative reasons1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.

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

Compliance Item: 1 - Siding on all elevations: After visual inspection, we were able to easily see a significant amount of overdriven, under driven and crooked nails in random areas of front, rear, right, and left elevation siding. This improper installation of the nails will cause water filter through and over time, damage and swelling of the siding, which has already started in a few areas. Investigator’s Observation: Respondent shall correct in an appropriate

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 manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 6 - Stairway: Repairs have been made where the laminate wood and drywall wall meet. However, those repairs were poorly made, as you can verify on the pictures. Those repairs need to be redone to match the rest of drywall on that wall Investigator’s Observation: The Drywall repairs are acceptable. However, the paint touch up is not. Painting required as a corollary repair should match a closely a possible. The touch ups a plainly visible.

Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 9 - Main roof: Asphalt shingles have been installed with staples. This practice is not allowed by city building codes or manufacturer specifications. Due to the amount of staples used, our advice is to replace the roof and reinstall the material with the proper nails according to manufacturer specifications. Investigator’s Observation: The use of staples the attached asphalt shingle is not allowed by the building department and the manufacture.

Respondent shall correct in an appropriate manner. Governing Rule: Departure from or disregard of: (b) A building

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 code of this state or any political subdivision of this state in any material respect that is prejudicial to another.

Compliance Item: 11 - Upstairs bathroom frame is cracked in the second master bathroom and needs to be fixed. Investigator’s Observation: The vinyl frame is cracked.

Compliance Item: 13 - Paint sheen on touch up paint – Interior Investigator’s Observation: There are several areas where corollary touch up paint is visible from normal viewing angles in normal lighting.

Compliance Item: 15 - Underside of eves has staple holes leaving exposed wood. Investigator’s Observation: Respondent shall correct in a an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Compliance Item: 16 - Foam board on foundation coming loose and has gaps Investigator’s Observation: Foam should be secure and gaps filled.

ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:

Compliance Item: 2 - Exterior: Front patio beam is missing hardware and the beam is bending. Investigator’s Observation: hardware requirements is part of minimum code and is the jurisdiction of the local building department. At the time of the inspection, there was no plans to review the mechanical connections too.

The beam is twisting. Workmanship tolerances allow 1/16" twist per linear foot and/or 1 1/4" total, for a 4x12 beam. The beam installed is a 6x12 and approximately 16 ft long. There appears to me about 3/4" total twist. This is within workmanship tolerances. Governing Rule:

Compliance Item: 3 - Windows Exterior: There is water filtration happening though the windows due to improper installation. Most of the time this happens due to exterior sealant no applied accordingly. Repair methods: reseal all perimeters around windows in order to prevent further water filtration. Investigator’s Observation: At the time of the inspection there was no definitive evidence that the windows were leaking.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 At this time there is insufficient evidence to verify an allegation of poor workmanship. Governing Rule:

Compliance Item: 4 - Window Interior: water filtration from improper sealant installation on exterior has caused damage to the drywall surrounding the windows. After repairing the exterior, the drywall, bullnose and components, including paint, will need to be repaired. Investigator’s Observation: At the time of the inspection there was no definitive evidence that the windows were leaking.

At this time there is insufficient evidence to verify an allegation of poor workmanship. Governing Rule:

Compliance Item: 5 - Living room: Drywall had been repaired in the ceiling and it is noticeable. Owner requests the repairs to be fixed to have a uniform appearance throughout the room. Investigator’s Observation: Governing Rule:

Compliance Item: 7 - Second floor: one of the bedrooms has popped nails on the walls. Those need to be addressed and properly installed and the walls need to be re-textured and painted in order to have a uniform appearance. Investigator’s Observation: Nail pops and normal dry wall crack need to be repaired within the 1st year. Close of escrow was 4/19/2022.

PD Visible conditions such as nail pops, cracks and seam lines due to expansion and contraction of structure.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 AT Normal conditions such as hairline cracks where drywall meets a dissimilar material should be considered acceptable and can be readily corrected by homeowner.

CR Contractor should repair nail pops, seam lines and other hairline cracks one time within first year of occupancy.

The complaint was filed outside the 1st year. Therefore, this item is outside the Respondents responsibility. Governing Rule:

Compliance Item: 8 - Driveway concrete: cracks on concrete can allow water to filter and accelerate life expectancy to decrease Investigator’s Observation: At this time the cracks and chipping in the driveway are not considered workmanship issues. Governing Rule:

Compliance Item: 10 - Cheap assembly of doorknobs throughout the home. Investigator’s Observation: Knobs were replaced by Complainant. This is modification of work and subject to ARS 32-1155(D)(2). Governing Rule:

Compliance Item: 12 - Nails throughout the interior of the house are protruding/popping out. The contractor attempted to fix but did a poor job and is now worse than original work. Investigator’s Observation: Nail pops and normal dry wall crack need to be repaired within the 1st year. Close of escrow was 4/19/2022.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 PD Visible conditions such as nail pops, cracks and seam lines due to expansion and contraction of structure.

AT Normal conditions such as hairline cracks where drywall meets a dissimilar material should be considered acceptable and can be readily corrected by homeowner.

CR Contractor should repair nail pops, seam lines and other hairline cracks one time within first year of occupancy.

The complaint was filed outside the 1st year. Therefore, this item is outside the Respondents responsibility. Governing Rule:

Compliance Item: 14 - Paint sheen on touch up paint – exterior Investigator’s Observation: Often exterior touch ups will be visible due to the effect that outside elements have on the original paint. The touch ups are considered a close match and are within standards. Governing Rule:

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

Sincerely,

Chris Allison Chris Allison, Investigator #193 Desk: (928) 637-0481 Cell: (928) 210-1587 [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 Note: I will not respond to/accept any text messages. Any/all documents, photos, Etc. Will need to be emailed. Please reference complaint number in email.

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

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Jobsite Inspection Notes

Case No.: 2023-11700 Investigator: Chris Allison Inspection Date: December 6, 2023 Inspection Time: 10:00 AM

Complainant: Dennis Canar Respondent: Abbott Rhoton Not Present: Investments LLC Not Present:

Jobsite General Notes:

Date Filed: 10/9/2023 Jobsite Address: 11840 Pegasus Rd, Bellemont, AZ 86015 ROC#: 244985 Contract Date: 4/19/2022 Contract Amount: $642,332.00 Close of Escrow or Work Completed: 4/19/2022

I arrived at the complainant’s residence at the scheduled time. We proceeded to inspect the items on the complaint list and I found the following:

Complaint Item: 1 - Siding on all elevations: After visual inspection, we were able to easily see a significant amount of overdriven, under driven and crooked nails in random areas of front, rear, right, and left elevation siding. This improper installation of the nails will cause water filter through and over time, damage and swelling of the siding, which has already started in a few areas. Investigator’s Observation: Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

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

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

Complaint Item: 2 - Exterior: Front patio beam is missing hardware and the beam is bending. Investigator’s Observation: hardware requirements is part of minimum code and is the jurisdiction of the local building department. At the time of the inspection, there was no plans to review the mechanical connections too.

Complaint Item: 3 - Windows Exterior: There is water filtration happening though the windows due to improper installation. Most of the time this happens due to exterior sealant no applied accordingly. Repair methods: reseal all perimeters around windows in order to prevent further water filtration. Investigator’s Observation: At the time of the inspection there was no definitive evidence that the windows were leaking.

At this time there is insufficient evidence to verify an allegation of poor workmanship. Governing Rule:

Complaint Item: 4 - Window Interior: water filtration from improper sealant installation on exterior has caused damage to the drywall surrounding the windows. After repairing the exterior, the drywall, bullnose and components, including paint, will need to be repaired. Investigator’s Observation: At the time of the inspection there was no definitive evidence that the windows were leaking.

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

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

At this time there is insufficient evidence to verify an allegation of poor workmanship. Governing Rule:

Complaint Item: 5 - Living room: Drywall had been repaired in the ceiling and it is noticeable. Owner requests the repairs to be fixed to have a uniform appearance throughout the room. Investigator’s Observation: Governing Rule:

Complaint Item: 6 - Stairway: Repairs have been made where the laminate wood and drywall wall meet. However, those repairs were poorly made, as you can verify on the pictures. Those repairs need to be redone to match the rest of drywall on that wall Investigator’s Observation: The Drywall repairs are acceptable. However, the paint touch up is not. Painting required as a corollary repair should match a closely a possible. The touch ups a plainly visible.

Complaint Item: 7 - Second floor: one of the bedrooms has popped nails on the walls. Those need to be addressed and properly installed and the walls need to be re-textured and painted in order to have a uniform appearance. Investigator’s Observation: Nail pops and normal dry wall crack need to be repaired within the 1st year. Close of escrow was 4/19/2022.

PD Visible conditions such as nail pops, cracks and seam lines due to expansion and contraction of structure.

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

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

AT Normal conditions such as hairline cracks where drywall meets a dissimilar material should be considered acceptable and can be readily corrected by homeowner.

CR Contractor should repair nail pops, seam lines and other hairline cracks one time within first year of occupancy.

The complaint was filed outside the 1st year. Therefore, this item is outside the Respondents responsibility. Governing Rule:

Complaint Item: 8 - Driveway concrete: cracks on concrete can allow water to filter and accelerate life expectancy to decrease Investigator’s Observation: At this time the cracks and chipping in the driveway are not considered workmanship issues. Governing Rule:

Complaint Item: 9 - Main roof: Asphalt shingles have been installed with staples. This practice is not allowed by city building codes or manufacturer specifications. Due to the amount of staples used, our advice is to replace the roof and reinstall the material with the proper nails according to manufacturer specifications. Investigator’s Observation: The use of staples the attached asphalt shingle is not allowed by the building department and the manufacture.

Respondent shall correct in an appropriate manner. Governing Rule: Departure from or disregard of: (b) A building code of this state or any political subdivision of this state in any material respect that is prejudicial to another.

Complaint Item: 10 - Cheap assembly of doorknobs throughout the home. Investigator’s Observation: Knobs were replaced by Complainant. This is 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

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

modification of work and subject to ARS 32-1155(D)(2). Governing Rule:

Complaint Item: 11 - Upstairs bathroom frame is cracked in the second master bathroom and needs to be fixed. Investigator’s Observation: The vinyl frame is cracked.

Complaint Item: 12 - Nails throughout the interior of the house are protruding/popping out. The contractor attempted to fix but did a poor job and is now worse than original work. Investigator’s Observation: Nail pops and normal dry wall crack need to be repaired within the 1st year. Close of escrow was 4/19/2022.

PD Visible conditions such as nail pops, cracks and seam lines due to expansion and contraction of structure.

AT Normal conditions such as hairline cracks where drywall meets a dissimilar material should be considered acceptable and can be readily corrected by homeowner.

CR Contractor should repair nail pops, seam lines and other hairline cracks one time within first year of occupancy.

The complaint was filed outside the 1st year. Therefore, this item is outside the Respondents responsibility. Governing Rule:

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

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

Complaint Item: 13 - Paint sheen on touch up paint – Interior Investigator’s Observation: There are several areas where corollary touch up paint is visible from normal viewing angles in normal lighting.

Complaint Item: 14 - Paint sheen on touch up paint – exterior Investigator’s Observation: Often exterior touch ups will be visible due to the effect that outside elements have on the original paint. The touch ups are considered a close match and are within standards. Governing Rule:

Complaint Item: 15 - Underside of eves has staple holes leaving exposed wood. Investigator’s Observation: Respondent shall correct in a an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 16 - Foam board on foundation coming loose and has gaps Investigator’s Observation: Foam should be secure and gaps filled.

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

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

1/23/24, 10:24 AM State of Arizona Mail - Extension Request

Christopher Allison <[email redacted]>

Extension Request message

Paul Herbert <[email redacted]> Tue, Jan 16, 2024 at 2:05 PM To: Christopher Allison <[email redacted]>, [email redacted]

Good afternoon Chris & Brandon,

I would like to request a an extension regarding….

Complaint Number: 2023-11700 Item 1. Siding on all elevations.

Complaint Number: 2023-12565 Item 7. Siding on all elevations

The reason for the request is we are concerned about the cold weather affecting the necessary exterior caulk and paint work that needs to be done.

That work requires higher exterior temperatures than what currently exist.

Please advise.

Thank you Paul Herbert

https://mail.google.com/mail/u/0/?ik=9a388841cf&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted] 1/1 Complainant: Dennis Canar 11840 Pegasus Rd Bellemont, AZ 86015

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Respondent: Abbott Rhoton Investments LLC DBA: Capstone Homes 3605 S Flagstaff Ranch Rd Flagstaff, AZ 86005-2425

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 February 23, 2024 *Revised 1/21/2023* Compliance item 9 revised 2/23/2024

License No. ROC 244985

Re:Complaint No. 2023-11700

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

*Due t o w i n t e r weather conditions, and the product manufacture’s requirements for ambient air temperatures. The due date of this document has been extended. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on March 31, 2024.*

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

This means the license is suspended for lack of qualifying party, lack of bond, nonrenewal, Recovery Fund payout, or for any reason listed in A.R.S. § 32-1124(F).

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Compliance Item: 1 - Siding on all elevations: After visual inspection, we were able to easily see a significant amount of overdriven, under driven and crooked nails in random areas of front, rear, right, and left elevation siding. This improper installation of the nails will Investigator’s Observation: Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 11 - Upstairs bathroom frame is cracked in the second master bathroom and needs to be fixed. Investigator’s Observation: The vinyl frame is cracked.

Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar;

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 15 - Underside of eves has staple holes leaving exposed wood. Investigator’s Observation: Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 16 - Foam board on foundation coming loose and has gaps Investigator’s Observation: Foam should be secure and gaps filled.

ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Compliance Item: 2 - Exterior: Front patio beam is missing hardware and the beam is bending. Investigator’s Observation: hardware requirements is part of minimum code and is the jurisdiction of the local building department. At the time of the inspection, there was no plans to review the mechanical connections too.

Compliance Item: 3 - Windows Exterior: There is water filtration happening though the windows due to improper installation. Most of the time this happens due to exterior sealant no applied accordingly. Repair methods: reseal all perimeters around windows in order to prevent f Investigator’s Observation: At the time of the inspection there was no definitive evidence that the windows were leaking.

At this time there is insufficient evidence to verify an allegation of poor workmanship. Governing Rule:

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 At this time there is insufficient evidence to verify an allegation of poor workmanship. Governing Rule:

PD Visible conditions such as nail pops, cracks and seam lines due to expansion and contraction of structure.

AT Normal conditions such as hairline cracks where drywall meets a dissimilar material should be considered acceptable and can be readily corrected by homeowner.

CR Contractor should repair nail pops, seam lines and other hairline cracks one time within first year of occupancy.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 The complaint was filed outside the 1st year. Therefore, this item is outside the Respondents responsibility. Governing Rule:

Compliance Item: 9 - Main roof: Asphalt shingles have been installed with staples. This practice is not allowed by city building codes or manufacturer specifications. Due to the amount of staples used, our advice is to replace the roof and reinstall the material with the prop Investigator’s Observation: The use of staples the attached asphalt shingle is not allowed by the building department and the manufacture.

Respondent shall correct in an appropriate manner.

Revised: documentation has been provided from the manufacture stating that staples are allowed in areas where the underside of the eaves are exposed. I also spoke to Coconino County Building Official, and he stated that the use of these staples in these areas was acceptable.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 At this time there is no correction needed for the use of staples. Governing Rule:

PD Visible conditions such as nail pops, cracks and seam lines due to expansion and contraction of structure.

AT Normal conditions such as hairline cracks where drywall meets a dissimilar material should be considered acceptable and can be readily corrected by homeowner.

CR Contractor should repair nail pops, seam lines and other hairline cracks one time within first year of occupancy.

The complaint was filed outside the 1st year. Therefore, this item is outside the Respondents responsibility. Governing Rule:

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Sincerely,

Chris Allison Chris Allison, Investigator #193 928 6370481 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 (DELETE THIS ADDRESS/PAGE IF NOT WARRANTED)

Complainant Attorney:

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 (DELETE THIS ADDRESS/PAGE IF NOT WARRANTED)

Respondent Attorney:

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Complainant: Dennis Canar 11840 Pegasus Rd Bellemont, AZ 86015

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 February 23, 2024 *Revised 1/21/2023* Compliance item 9 revised 2/23/2024 Compliance item 9 revised 04/17/2024 ** Extended Due Date 04/17/2024**

License No. ROC 244985

Re:Complaint No. 2023-11700

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

**Due t o w i n t e r weather conditions, and the product manufacture’s requirements for ambient air temperatures. The due date of this document has been extended. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on May15, 2024.**

RESTRICTIONS  You may not perform or hire other contractors to perform work that is outside the scope of your license.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23  If your license is currently suspended for administrative reasons1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.

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

Compliance Item: 1 - Siding on all elevations: After visual inspection, we were able to easily see a significant amount of overdriven, under driven and crooked nails in random areas of front, rear, right, and left elevation siding. This improper installation of the nails will Investigator’s Observation: Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar;

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).

Compliance Item: 9 - Main roof: Asphalt shingles have been installed with staples. This practice is not allowed by city building codes or manufacturer specifications. Due to the amount of staples used, our advice is to replace the roof and reinstall the material with the prop Investigator’s Observation: The use of staples the attached asphalt shingle is not allowed by the building department and the manufacture.

Respondent shall correct in an appropriate manner.

At this time there is no correction needed for the use of staples.

REVISED 4/17/2024: While the use of staples is acceptable in exposed soffit areas. There were several areas outside the exposed soffit that had staple fasteners.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Compliance Item: 11 - Upstairs bathroom frame is cracked in the second master bathroom and needs to be fixed. Investigator’s Observation: The vinyl frame is cracked.

Compliance Item: 16 - Foam board on foundation coming loose and has gaps Investigator’s Observation: Foam should be secure and gaps filled.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:

Compliance Item: 3 - Windows Exterior: There is water filtration happening though the windows due to improper installation. Most of the time this happens due to exterior sealant no applied accordingly. Repair methods: reseal all perimeters around windows in order to prevent f Investigator’s Observation: At the time of the inspection there was no definitive evidence that the windows were leaking.

At this time there is insufficient evidence to verify an allegation of poor workmanship. Governing Rule:

PD Visible conditions such as nail pops, cracks and seam lines due to expansion and contraction of structure.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 AT Normal conditions such as hairline cracks where drywall meets a dissimilar material should be considered acceptable and can be readily corrected by homeowner.

CR Contractor should repair nail pops, seam lines and other hairline cracks one time within first year of occupancy.

The complaint was filed outside the 1st year. Therefore, this item is outside the Respondents responsibility. Governing Rule:

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 PD Visible conditions such as nail pops, cracks and seam lines due to expansion and contraction of structure.

AT Normal conditions such as hairline cracks where drywall meets a dissimilar material should be considered acceptable and can be readily corrected by homeowner.

CR Contractor should repair nail pops, seam lines and other hairline cracks one time within first year of occupancy.

The complaint was filed outside the 1st year. Therefore, this item is outside the Respondents responsibility. Governing Rule:

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

Sincerely,

Chris Allison Chris Allison, Investigator #193 928 6370481 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

CC: Choose an item.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Choose an item. Choose an item. Choose an item.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 (DELETE THIS ADDRESS/PAGE IF NOT WARRANTED)

Complainant Attorney:

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 (DELETE THIS ADDRESS/PAGE IF NOT WARRANTED)

Respondent Attorney:

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Complainant: Dennis Canar 11840 Pegasus Rd Bellemont, AZ 86015

License No. ROC 244985

Re:Complaint No. 2023-11700

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

*** Due to a conflict in scheduling the Respondent has requested a directive due date extension. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on May 31, 2024. ***

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 RESTRICTIONS  You may not perform or hire other contractors to perform work that is outside the scope of your license.  If your license is currently suspended for administrative reasons1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.

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

Compliance Item: 1 - Siding on all elevations: After visual inspection, we were able to easily see a significant amount of overdriven, under driven and crooked nails in random areas of front, rear, right, and left elevation siding. This improper installation of the nails will Investigator’s Observation: Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

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).

Compliance Item: 9 - Main roof: Asphalt shingles have been installed with staples. This practice is not allowed by city building codes or manufacturer specifications. Due to the amount of staples used, our advice is to replace the roof and reinstall the material with the prop Investigator’s Observation: The use of staples the attached asphalt shingle is not allowed by the building department and the manufacture.

Respondent shall correct in an appropriate manner.

At this time there is no correction needed for the use of staples.

REVISED 4/17/2024: While the use of staples is acceptable in exposed soffit areas. There were several areas outside the exposed soffit that had staple fasteners.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Compliance Item: 16 - Foam board on foundation coming loose and has gaps Investigator’s Observation: Foam should be secure and gaps filled.