2023A-11758-CHC-ROC Notice of Hearing and Packet MAILED
2023A-11758-CHC-ROC · Registrar of Contractors · 2024-01-05
REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Georgiy Yagudayev , Case No. 2023-11758 COMPLAINANT, Docket No. 2023A-11758-CHC-ROC v. NOTICE OF HEARING ON CONTESTED CASE B&J Home Renovations LLC License No. ROC 329939,
RESPONDENT.
This Notice of Hearing is issued under A.R.S. § 41-1092.05(D).
HEARING INFORMATION The hearing is set for:
February 20, 2024 9:00 AM Sondra Vanella Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.
If you have requested to appear in-person at the hearing, the hearing will be held at 1740 W Adams Street, Phoenix, AZ 85007.
You must attend this hearing. This is an adversarial hearing before an administrative
law judge, and is conducted in a similar manner as judicial proceedings. Thus, you must be
prepared to present evidence, including witness testimony and documents, in support of your case.
STATEMENT OF LEGAL AUTHORITY AND JURISDICTION The State of Arizona has determined that the licensing and regulation of construction contractors is a proper state function, and has vested authority in the Registrar of Contractors to administer Title 32, Chapter 10 of the Arizona Revised Statutes. A.R.S. §§ 32-1101 et seq. All hearings for alleged violations of Title 32, Chapter 10 are conducted under Title 41,
Chapter 6, Article 10. A.R.S. § 32-1156.
The statutes and rules governing the hearing can be found at: Arizona Revised
Statutes §§ 41-1092 to -1092.12, and Arizona Administrative Code R2-19-101 to -122.
PARTICULAR ARIZONA STATUTES AND RULES INVOLVED The statutes and rules the Respondent is alleged to have violated are cited in the
complaint and citation, which were served on the Respondent on December 13, 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)(2)(b)
Charge: 2 A.R.S. § 32-1154(A)(3) - R4-9-108(a)
Charge: 3 A.R.S. § 32-1154(A)(22)
THE PARTIES TO THE ADMINISTRATIVE HEARING Because Respondent is a licensee and is charged with an act(s) or omission(s) that is
cause for the suspension or revocation of a license, Respondent is a party to this case and will
be a party to the hearing.
Because Complainant alleged Respondent committed an act(s) or omission(s) that is cause for the suspension or revocation of a license, Complainant is a party to this case and will be a party to the hearing. Respondent and Complainant, as the parties to the hearing, will present evidence and argument to the administrative law judge. The Registrar’s assigned investigator will appear as a witness at the hearing.
RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney. A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented
by an officer or employee if that person satisfies the conditions set forth in A.R.S. § 32-
1156(B).
CHANGE OF ADDRESS Each party must inform the Registrar and the Office of Administrative Hearings of
any change of address within five (5) days of the change. A.R.S. § 41-1092.04.
HEARING PROCEDURES AND RULES The administrative hearing will be conducted in accordance with A.R.S. §§ 41-1092
to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and processes governing the administrative hearing. Copies of the statutes, rules, and articles
regarding the administrative hearing process can be found at https://www.azoah.com/.
REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE
The Registrar’s investigators, employees, and attorneys will appear at the hearing via
video conference or telephone unless requested by a party to appear in-person. Requests for
the Registrar’s investigators, employees, or attorneys to appear in-person must be filed with the Registrar and the Office of Administrative Hearings no later than seven (7) calendar days prior to the hearing date.
HEARING PACKET In the interests of administrative efficiency, the Registrar compiles and discloses certain documents to the parties and the Office of Administrative Hearings. These documents are attached to this Notice of Hearing as the “Hearing Packet.” If any party wishes to submit additional evidence, they must do so during the hearing after completing a disclosure statement. See “Disclosure Statement” section below.
SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS The parties to the hearing must be prepared to present evidence in support of their case. If a party wants to obtain testimony from a witness or documents not in the party’s possession, the party must prepare and file a written subpoena for the Administrative Law Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com. The party seeking a subpoena must serve notice on all the parties to the hearing, and on the Registrar. A.R.S. § 41-1092.04.
DISCLOSURE STATEMENT At least seven calendar days before the hearing, each party must prepare and serve a
disclosure statement on all other parties, and file it with the Office of Administrative Hearings.
A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the
party will use at the hearing. A party’s failure to timely disclose any witness or exhibit, without good cause, may result in the administrative law judge excluding those witnesses or exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is available on the Registrar’s website at https://roc.az.gov/forms/RC-L-800A%20- %20Prehearing%20Disclosure%20Statement%2020191007v4.pdf
CHANGING THE HEARING DATE The date of the hearing may only be advanced or delayed on the agreement of the
parties or on a showing of good cause. A.R.S. § 41-1092.05(C). The date of the hearing may
be changed by filing a written agreement of the parties to change the date of the hearing. The
written agreement must be filed with the Office of Administrative Hearings, directed to the
assigned Administrative Law Judge, and transmitted to the Registrar and all other parties. The
assigned Administrative Law Judge may be found on the Office of Administrative Hearings’ web portal at www.azoah.com If a party would like to move the date of the hearing without agreement of all parties, the party must file a written motion with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmit a copy to the Registrar and all other parties.
The motion must state in detail good cause for why the date of the hearing should be advanced or delayed, and the position of all other parties regarding the advancement or delay. A party may also file a motion asserting a right to an expedited hearing upon a showing of extraordinary circumstances or the possibility of irreparable harm. A.R.S. § 41-1092.05(E).
RESOLUTION SHORT OF ADJUDICATION In any case which is resolved or settled by the parties, or which is withdrawn by the Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of the resolution or settlement. Any such cases will be listed on the Registrar’s website and its records under the category: “Closed Complaints – Resolved/Settled/Withdrawn.” Dated January 5, 2024.
By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail January 5, 2024 to: Respondent(s) B&J Home Renovations LLC PO Box 7843 Goodyear, AZ 85338
Complainant(s) Georgiy Yagudayev 35713 N 32nd Ave PHOENIX, AZ 85086
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. 2023-11758 /
Katie Hobbs, Governor Martin Quezada, Director
Hearing Packet FAQ What is the Hearing Packet?
The Hearing Packet is a packet of certain documents collected or issued by the Registrar over the course of its investigation.
Who gets the Hearing Packet?
The Hearing Packet is assembled and distributed to all parties and to the Office of Administrative Hearings (“OAH”) prior to an administrative hearing.
What types of cases does the Registrar prepare a Hearing Packet for?
The Registrar prepares a Hearing Packet for Complainant-Handled Cases and No-Pay Cases. Note: If the Docket Number on the Notice of Hearing contains a “CHC” or “NPC”, your case is a Complainant-Handled Case or a No-Pay Case.
What is in the Hearing Packet?
The Hearing Packet contains essential case-specific documents and at a minimum will include the following documents:
● Original complaint;
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ
Katie Hobbs, Governor Martin Quezada, Director
● Citation; and ● Answer.
The Hearing Packet will also contain the following documents (if applicable):
● Jobsite inspection notices, notes, and photos; ● Written directives; and ● Compliance inspection notices, notes, and photos.
What if there are documents missing from the Hearing Packet?
If there is any evidence you submitted to the Registrar that are not included in the Hearing Packet it is your responsibility to introduce that evidence at the administrative hearing. Note: The administrative law judge assigned to your case does not have access to the entire Registrar record.
If there is additional evidence you submitted to the Registrar during the investigation that you also want to introduce as evidence during your hearing, it is your responsibility to:
● Properly disclose that evidence to the other party; and ● Introduce the evidence during your hearing.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ
Katie Hobbs, Governor Martin Quezada, Director
How do I disclose evidence I intend to use at a Hearing?
You must properly disclose any and all documents and witnesses you intend to use at your hearing according to the Registrar’s Prehearing Disclosure Rules. See Arizona Administrative Code Section R4-9-118.
A sample prehearing disclosure form and instructions are provided to the parties by the Registrar.
How do I obtain documents I previously submitted to the Registrar?
If you previously submitted documents to the Registrar and need a copy of these documents, please contact the Registrar’s Legal Department or submit a public records request at https://roc.force.com/AZRoc/s/roc-public-request.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ
Complainant: Georgiy Yagudayev 35713 N 32nd Ave PHOENIX, AZ 85086
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: B&J Home Renovations LLC DBA: PO Box 7843 Goodyear, AZ 85338
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 October 13, 2023
Jobsite Inspection Notice Re: Complaint Number 2023-11758
Dear Complainant and Respondent:
A formal complaint has been filed with the Arizona Registrar of Contractors.
A jobsite inspection is scheduled for November 2, 2023 at 11:30 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, James Carter James Carter, Investigator 602 7716770 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007
CC: Respondent Complainant 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.
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 A Guide to Written Directives Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.
What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will determine whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.
Written Directives Access: In order to use the administrative process offered by the Registrar, a property owner must provide reasonable access to allow the contractor to fix their work as directed by the Registrar in a Written Directive. Complainants may not put any additional, unnecessary restrictions on the Respondent above and beyond the initial contract requirements agreed upon at the beginning of the project. Respondents are required to make repairs on items identified on any Written Directive, not otherwise restricted by local code or HOA limitations. Complainants must make access available to the Respondent to make the required repairs and failure to provide reasonable access may result in the Registrar dismissing the complaint.
Contractor obligations: The Written Directive will set a deadline for compliance. This is the period of time determined by the Investigator as necessary to complete the items listed in the Directive. ● The deadline for compliance assumes the contractor will promptly begin working on the items listed in the Directive. ● Do not wait. Both parties should communicate quickly to schedule the work.
Extensions: If good cause exists to extend this deadline, either party may submit a written request to the Investigator. The Registrar will review requests for extension and determine if the Directive should be extended.
Manner and method of performance: The Registrar does not provide specific instructions for how to correct poor work. A licensed contractor is expected to have the skill and professionalism to complete the work. Moreover, the complainant may not dictate the manner of repair. If the contractor fails to appropriately correct the work according to the contract, the Registrar will issue a citation.
Compliance Inspection: After the Written Directive expires, the Registrar’s Investigator will contact the complainant to determine if the contractor performed any corrective work. ● If the contractor did corrective work, the Investigator may schedule a Compliance Inspection to determine if the poor work is corrected. ● If the contractor did not perform any corrective work, the Registrar’s Investigator will not do a Compliance Inspection and will determine whether to issue a citation based on the administrative record.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Work performed after the directive ends: After the Directive period ends, a property owner may choose to allow the contractor to continue its work. The Registrar encourages parties to work cooperatively, but cannot require a homeowner to continue to allow a contractor access to the property after the Directive period ends in order for the administrative process to continue. Denying access after the Directive ends is not grounds to close or dismiss a complaint.
Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Jobsite Inspection Notes
Case No.: 2023-11758 Investigator: James Carter Inspection Date: November 2, 2023 Inspection Time: 11:30 AM
Complainant: Georgiy Yagudayev Respondent: B&J Home Not Present: Renovations LLC Not Present:
Jobsite General Notes: JSI photos and audio taken with my agency issued Google Pixel Phone camera. JSI photos and audio have been placed into the ROC complaint file. Both parties were present for the JSI. Both parties were extremely argumentive during the JSI and had to be told multiple times to stop arguing. Towards the end of the JSI I had to threaten to end the inspection due to their arguing. Although this is listed as a repair and remodel there was a number of things done that would have required a permit being pulled. I double check with the City of Phoenix and they confirmed a permit was required due to the outlets being changed and the number of plumbing repairs done.
Complaint Item: 1 - Landscaping - Trees/plants not trimmed away from structure. Near gas meter and laundry room. Main tree in front needs to be trimmed away from roof to prevent damage/debris collecting. Investigator’s Observation: Verified. Investigator confirmed parties had a verbal agreement for Respondent to do a landscape clean up. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
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Complaint Item: 2 - Exterior Paint is deteriorated at the walls Investigator’s Observation: Verified. Investigator observed paint peeling on north wall The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 3 - Need to Caulk/Seal/Repair cracks, gaps and openings at the exterior of home Investigator’s Observation: Verified. Investigator observed area that were not caulked prior to the home being painted. Primarily on the north wall. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 4 - Per contract Gc to fix Trim and Soffit panels., but section are missing in various locations of the home Investigator’s Observation: Verified. Investigator observed the north east corner soffit on the exterior of the home had not been repaired per the contract. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 5 - Plumbing Pipes leaking at the property, flooding bathroom and into living room. Damaged new flooring, new kitchen cabinets, baseboards, drywall and walls and bathroom tile floors Investigator’s Observation: Investigator was unable to confirm any leak due to the water being shut off to the property and Complainant was unable to turn it back on. However a permit was never pulled with the local municipality. The Respondent will obtain a permit, correct any deficiencies required by the 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
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county/city, and pass final permit inspection. Governing Rule:
Complaint Item: 6 - Hose bibs at the property are missing the required anti- siphon fittings Investigator’s Observation: Hose bib was stamped with Anti-siphon stamp. No correction is required by the Respondent. Governing Rule:
Complaint Item: 7 - Electricals is not wired properly at the property, improper wiring installation and double tapped breakers Investigator’s Observation: Unable to verify however a permit was not pulled with the local municipality. The Respondent will obtain a permit, correct any deficiencies required by the county/city, and pass final permit inspection. Governing Rule:
Complaint Item: 8 - A non-professional wiring installation was done at he property, loose wiring in attic and kitchen Investigator’s Observation: Unable to verify however a permit was not pulled with the local municipality. The Respondent will obtain a permit, correct any deficiencies required by the county/city, and pass final permit inspection. Governing Rule:
Complaint Item: 9 - Weatherproof enclosures are needed at the outdoor outlets Investigator’s Observation: Unable to verify however a permit was not pulled with the local municipality. The Respondent will obtain a permit, correct any deficiencies required by the county/city, and pass final permit inspection. Governing Rule:
Complaint Item: 10 - Three prongs outlets have been installed at the two=wire system (outlets are not properly grounded) Investigator’s Observation: Verified. Inspector tested at least one outlet in each room where a three prong had been installed. All showed improper 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
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grounding. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 11 - All outlets and switches were replaced as part of the contract and done so incorrectly Investigator’s Observation: Unable to verify however a permit was not pulled with the local municipality. The Respondent will obtain a permit, correct any deficiencies required by the county/city, and pass final permit inspection. Governing Rule:
Complaint Item: 12 - Missing Light Globes from outlets Investigator’s Observation: This was not on the original contract or oral change orders provided by Respondent Governing Rule:
Complaint Item: 13 - GFCI protection is not installed at some of the currently required locations as was required by scope of work Investigator’s Observation: Investigator observed GFCI outlets in all location required and all were operating properly, however a permit was not pulled with the local municipality. The Respondent will obtain a permit, correct any deficiencies required by the county/city, and pass final permit inspection. Governing Rule:
Complaint Item: 14 - Weatherstripping missing at Utility door Investigator’s Observation: Not on original contract or on verbal change orders. No correction is required by the Respondent. Governing Rule:
Complaint Item: 15 - Patio lock is inoperative Investigator’s Observation: Verified. Investigator obverse the patio door latch not making contact with the hook to lock. The Respondent will need to 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
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correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 16 - Screws are missing at various locations from new hinges on door Investigator’s Observation: Verified. Investigator observed screws missing from all interior door hinges .The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 17 - New Side Door was installed and missing door sweep Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 18 - New Closet Doors Guides Need Service Investigator’s Observation: Verified. Investigator observed the closet door in room #2 being off the tracks. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 19 - Master Bedroom Windows Needs Service to Lock Properly Investigator’s Observation: Verified. Per contract Respondent was to replace all locks. The Respondent will need to correct this by the appropriate
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
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means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 20 - Unprofessional repair/patching in the interior of drywall of home Investigator’s Observation: Verified. Investigator observed cracking and poor texture through out the home. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 21 - Moisture and Flooding/Leak from a plumbing leak at interior walls Investigator’s Observation: Investigator was unable to confirm any leak due to the water being shut off to the property and Complainant was unable to turn it back on. However a permit was never pulled with the local municipality. The Respondent will obtain a permit, correct any deficiencies required by the county/city, and pass final permit inspection. Governing Rule:
Complaint Item: 22 - Laundry/Utility Room was never painted as noted part of scope of work/contract Investigator’s Observation: This is common industry practice and does not constitute poor workmanship. 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
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Complaint Item: 23 - Floors are peeling due to flooding in the kitchen Area Investigator’s Observation: Unverified. There was some staining on the baseboard that was consistent with water exposure however Investigator did not observe any damaged flooring. Governing Rule:
Complaint Item: 24 - Exposed/Unfinished wood beneath the countertop is a splinter hazard and should be sealed Investigator’s Observation: This is common industry practice and does not constitute poor workmanship. Governing Rule:
Complaint Item: 25 - Drains - Improperly Installed waste lines were observed at the kitchen sink Investigator’s Observation: Verified. Investigator observed flex pipes used as drain pipes. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 26 - The new dishwasher needs repairs/maintenance. Investigator’s Observation: This is an issue with the appliance itself, not a workmanship issue with installation. The ROC has no jurisdiction over appliance manufacturers. Governing Rule:
Complaint Item: 27 - Also dishwasher is not secured to the counter/cabinets Investigator’s Observation: Dishwasher was supplied by the Complainant and mounting brackets were missing. Respondent informed Complainant they were missing. 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: 28 - Under Kitchen Sink - Garbage Disposal: no high loop installed at the drain hose Investigator’s Observation: Verified. Investigator observed that there was no high loop installed. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 29 - Both Bathrooms sinks/drains leaking and were improperly installed. Investigator’s Observation: Investigator was unable to confirm any leak due to the water being shut off to the property and Complainant was unable to turn it back on. However a permit was never pulled with the local municipality. The Respondent will obtain a permit, correct any deficiencies required by the county/city, and pass final permit inspection. Governing Rule:
Complaint Item: 30 - Both Hot/Cold were reversed. Investigator’s Observation: Investigator was unable to confirm any leak due to the water being shut off to the property and Complainant was unable to turn it back on. However a permit was never pulled with the local municipality. The Respondent will obtain a permit, correct any deficiencies required by the county/city, and pass final permit inspection. Governing Rule:
Complaint Item: 31 - Not professional installed; Investigator’s Observation: This is a general statement and does not implicate a specific workmanship issue. It therefore and cannot be evaluated by the ROC. 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: 32 - Numbers defects were found at the tubs and showers. Investigator’s Observation: The Complainant provided no evidence to support this allegation. No correction is required by the Respondent. Governing Rule:
Complaint Item: 33 - Hot/Cold reversed in hall bath, Investigator’s Observation: Investigator was unable to confirm any leak due to the water being shut off to the property and Complainant was unable to turn it back on. However a permit was never pulled with the local municipality. The Respondent will obtain a permit, correct any deficiencies required by the county/city, and pass final permit inspection. Governing Rule:
Complaint Item: 34 - Master Bath valve is leaks and drain is clogged in the Master bathroom Investigator’s Observation: Investigator was unable to confirm any leak due to the water being shut off to the property and Complainant was unable to turn it back on. However a permit was never pulled with the local municipality. The Respondent will obtain a permit, correct any deficiencies required by the county/city, and pass final permit inspection. Governing Rule:
Complaint Item: 35 - Hall Bath Toilet line is not connected correctly and is leaking, wet drywall and water damaged Investigator’s Observation: Investigator was unable to confirm any leak due to the water being shut off to the property and Complainant was unable to turn it back on. However a permit was never pulled with the local municipality. The Respondent will obtain a permit, correct any deficiencies required by the county/city, and pass final permit inspection. 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 #2023-11758 Inspection Date 11/02/2023 11:30 AM
Complainant: Georgiy Yagudayev 35713 N 32nd Ave PHOENIX, AZ 85086
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: B&J Home Renovations LLC DBA: PO Box 7843 Goodyear, AZ 85338
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 November 7, 2023
License No. ROC 329939
Re:Complaint No. 2023-11758
WRITTEN DIRECTIVE FROM THE REGISTRAR
Dear Respondent:
After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on December 1,2023.
RESTRICTIONS • You may not perform or hire other contractors to perform work that is outside the scope of your license. • If your license is currently suspended for administrative reasons 1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.
DIRECTIVE REQUIREMENTS You are directed to remedy the following violations by the appropriate means:
Compliance Item: 1 - Landscaping - Trees/plants not trimmed away from structure. Near gas meter and laundry room. Main tree in front needs to be trimmed away from roof to prevent damage/debris collecting. Investigator’s Observation: Verified. Investigator confirmed parties had a verbal agreement for Respondent to do a landscape clean up. The Respondent will need to correct this by the appropriate means. 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). 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 2 - Exterior Paint is deteriorated at the walls Investigator’s Observation: Verified. Investigator observed paint peeling on north wall The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 3 - Need to Caulk/Seal/Repair cracks, gaps and openings at the exterior of home Investigator’s Observation: Verified. Investigator observed area that were not caulked prior to the home being painted. Primarily on the north wall. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 4 - Per contract Gc to fix Trim and Soffit panels., but section are missing in various locations of the home Investigator’s Observation: Verified. Investigator observed the north east corner soffit on the exterior of the home had not been repaired per the contract. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Compliance Item: 7 - Electricals is not wired properly at the property, improper wiring installation and double tapped breakers Investigator’s Observation: Unable to verify however a permit was not pulled with the local municipality. The Respondent will obtain a permit, correct any deficiencies required by the county/city, and pass final permit inspection. 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.
Compliance Item: 8 - A non-professional wiring installation was done at he property, loose wiring in attic and kitchen Investigator’s Observation: Unable to verify however a permit was not pulled with the local municipality. The Respondent will obtain a permit, correct any deficiencies required by the county/city, and pass final permit inspection. 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.
Compliance Item: 9 - Weatherproof enclosures are needed at the outdoor outlets Investigator’s Observation: Unable to verify however a permit was not pulled with the local municipality. The Respondent will obtain a permit, correct any deficiencies required by the county/city, and pass final permit inspection. 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.
Compliance Item: 10 - Three prongs outlets have been installed at the two=wire system (outlets are not properly grounded) Investigator’s Observation: Verified. Inspector tested at least one outlet
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 in each room where a three prong had been installed. All showed improper grounding. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 13 - GFCI protection is not installed at some of the currently required locations as was required by scope of work Investigator’s Observation: Investigator observed GFCI outlets in all location required and all were operating properly, however a permit was not pulled with the local municipality. The Respondent will obtain a permit, correct any deficiencies required by the county/city, and pass final permit inspection. 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.
Compliance Item: 15 - Patio lock is inoperative Investigator’s Observation: Verified. Investigator obverse the patio door latch not making contact with the hook to lock. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 16 - Screws are missing at various locations from new hinges on door Investigator’s Observation: Verified. Investigator observed screws missing from all door hinges .The Respondent will need to correct this by the appropriate means. 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 04/21 Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 17 - New Side Door was installed and missing door sweep Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 18 - New Closet Doors Guides Need Service Investigator’s Observation: Verified. Investigator observed the closet door in room #2 being off the tracks. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 19 - Master Bedroom Windows Needs Service to Lock Properly Investigator’s Observation: Verified. Per contract Respondent was to replace all locks. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 20 - Unprofessional repair/patching in the interior of drywall of home Investigator’s Observation: Verified. Investigator observed cracking
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 and poor texture through out the home. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 21 - Moisture and Flooding/Leak from a plumbing leak at interior walls Investigator’s Observation: Investigator was unable to confirm any leak due to the water being shut off to the property and Complainant was unable to turn it back on. However a permit was never pulled with the local municipality. The Respondent will obtain a permit, correct any deficiencies required by the county/city, and pass final permit inspection. 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.
Compliance Item: 22 - Laundry/Utility Room was never painted as noted part of scope of work/contract Investigator’s Observation: This is common industry practice and does not constitute poor workmanship. 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: 25 - Drains - Improperly Installed waste lines were observed at the kitchen sink Investigator’s Observation: Verified. Investigator observed flex pipes used as drain pipes. The Respondent will need to correct this by the appropriate means.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 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: 28 - Under Kitchen Sink - Garbage Disposal: no high loop installed at the drain hose Investigator’s Observation: Verified. Investigator observed that there was no high loop installed. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 29 - Both Bathrooms sinks/drains leaking and were improperly installed. Investigator’s Observation: Investigator was unable to confirm any leak due to the water being shut off to the property and Complainant was unable to turn it back on. However a permit was never pulled with the local municipality. The Respondent will obtain a permit, correct any deficiencies required by the county/city, and pass final permit inspection. 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.
Compliance Item: 30 - Both Hot/Cold were reversed. Investigator’s Observation: Investigator was unable to confirm any leak due to the water being shut off to the property and Complainant was unable to turn it back on. However a permit was never pulled with the local municipality. The Respondent will obtain a permit, correct any deficiencies required by the county/city, and pass final permit inspection.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 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.
Compliance Item: 33 - Hot/Cold reversed in hall bath, Investigator’s Observation: Investigator was unable to confirm any leak due to the water being shut off to the property and Complainant was unable to turn it back on. However a permit was never pulled with the local municipality. The Respondent will obtain a permit, correct any deficiencies required by the county/city, and pass final permit inspection. 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.
Compliance Item: 34 - Master Bath valve is leaks and drain is clogged in the Master bathroom Investigator’s Observation: Investigator was unable to confirm any leak due to the water being shut off to the property and Complainant was unable to turn it back on. However a permit was never pulled with the local municipality. The Respondent will obtain a permit, correct any deficiencies required by the county/city, and pass final permit inspection. 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.
Compliance Item: 35 - Hall Bath Toilet line is not connected correctly and is leaking, wet drywall and water damaged Investigator’s Observation: Investigator was unable to confirm any leak due to the water being shut off to the property and Complainant was unable to turn it back on. However a permit was never pulled with the local municipality.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 The Respondent will obtain a permit, correct any deficiencies required by the county/city, and pass final permit inspection. 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.
ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:
Compliance Item: 5 - Plumbing Pipes leaking at the property, flooding bathroom and into living room. Damaged new flooring, new kitchen cabinets, baseboards, drywall and walls and bathroom tile floors Investigator’s Observation: Investigator was unable to confirm any leak due to the water being shut off to the property and Complainant was unable to turn it back on. However a permit was never pulled with the local municipality. The Respondent will obtain a permit, correct any deficiencies required by the county/city, and pass final permit inspection. Governing Rule:
Compliance Item: 6 - Hose bibs at the property are missing the required anti-siphon fittings Investigator’s Observation: Hose bib was stamped with Anti-siphon stamp. No correction is required by the Respondent. Governing Rule:
Compliance Item: 11 - All outlets and switches were replaced as part of the contract and done so incorrectly Investigator’s Observation: Unable to verify however a permit was not pulled with the local municipality. The Respondent will obtain a permit, correct any deficiencies required by the county/city, and pass final permit inspection. Governing Rule:
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: 12 - Missing Light Globes from outlets Investigator’s Observation: This was not on the original contract or oral change orders provided by Respondent Governing Rule:
Compliance Item: 14 - Weatherstripping missing at Utility door Investigator’s Observation: Not on original contract or on verbal change orders. No correction is required by the Respondent. Governing Rule:
Compliance Item: 23 - Floors are peeling due to flooding in the kitchen Area Investigator’s Observation: Unverified. There was some staining on the baseboard that was consistent with water exposure however Investigator did not observe any damaged flooring. Governing Rule:
Compliance Item: 24 - Exposed/Unfinished wood beneath the countertop is a splinter hazard and should be sealed Investigator’s Observation: This is common industry practice and does not constitute poor workmanship. Governing Rule:
Compliance Item: 26 - The new dishwasher needs repairs/maintenance. Investigator’s Observation: This is an issue with the appliance itself, not a workmanship issue with installation. The ROC has no jurisdiction over appliance manufacturers. Governing Rule:
Compliance Item: 27 - Also dishwasher is not secured to the counter/cabinets
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Investigator’s Observation: Dishwasher was supplied by the Complainant and mounting brackets were missing. Respondent informed Complainant they were missing. Governing Rule:
Compliance Item: 31 - Not professional installed; Investigator’s Observation: This is a general statement and does not implicate a specific workmanship issue. It therefore and cannot be evaluated by the ROC. Governing Rule:
Compliance Item: 32 - Numbers defects were found at the tubs and showers. Investigator’s Observation: The Complainant provided no evidence to support this allegation. No correction is required by the Respondent. Governing Rule:
Please direct all questions regarding this Directive to the undersigned Investigator.
Sincerely,
James Carter James Carter, Investigator 602 7716770 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007
CC: Respondent Complainant
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 11/28/23, 11:02 AM State of Arizona Mail - Re: James Carter has shared a file "20231107 Written Directive 2023-11758.docx.pdf" with you
James Carter <[email redacted]>
Re: James Carter has shared a file "20231107 Written Directive 2023-11758.docx.pdf" with you message
James Carter <[email redacted]> Tue, Nov 28, 2023 at 11:02 AM To: Branislav Fedor <[email redacted]>
Brian I can not reconsider the directive on the electrical. Code requires that when a remodel is done or changes other than a normal repair is made to electrical or plumbing that a permit be pulled with the local municipality and those items be brought up to current code. Had a permit been pulled then the local compliance officer would either sign off on what was done or instructed what changes needed to be made. As stated in my directive a permit still needs to be obtained in order for the directive to be satisfied. Once that permit is obtained and the work is inspected by the city, if they sign off on what you have already done you do not need to do anything else. If you choose not to obtain the permit then I will issue a citation and you can request a hearing with a judge to determine if it is needed or not.
James Carter Investigator #229 Arizona Registrar Of Contractors 1700 W Washington St Ste 105 Phoenix, AZ 85007 Phone(602) 771-6770 E-mail [email redacted]
On Mon, Nov 27, 2023 at 9:13 PM Branislav Fedor <[email redacted]> wrote: Re: Directive compliance respond
Hi James,
I’ve have been following up on your written directives for complaint No. 2023-11758. I have corrected all plumbing discrepancies including reversed hot/cold water lines, clogged and leaking drains. There were some leaks in old drain system that got clogged out, that were repaired. I was also able to locate source of leaks (line between shower valve and shower head)…that has been repaired as well. I am also working on all other miscellaneous discrepancies. I have repaired exposed wiring in the attic on new kitchen recessed LED lights. I have a question regarding other electrical discrepancies that you included in directives. This house was build in 1961 and it was a standard practice not to ground all electrical circuits. Like by todays standards there are GFCI outlets required in kitchen and bathrooms at that time there were grounded circuits required only for bathrooms and kitchen. Therefore in this house only kitchen and bathrooms circuits have ground wires and all these outlets are installed correctly with proper grounding. Bedrooms and living room circuits don’t have a ground wire installed and it is very common and standard on the houses that were built at that time. In order to ground these circuits for current grounding standards, all wiring for those bedroom locations would have to be replaced and completely rewired to a new electrical main panel. In order to do that I would have to remove drywall and install new one in all bedrooms and living room. This was never part of my scope in the contract as well as any work on main electrical panel like double tapped braker. Home inspector recommends these findings to be addressed to comply with today’s state and local electrical standards but it is home owner decision to fund all these repairs since it is very costly and time consuming project. Can you please reconsider your decision and make suggestion how to address this issue. By
https://mail.google.com/mail/u/0/?ik=8b703c773b&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-a:r-[number redacted]… 1/2 11/28/23, 11:02 AM State of Arizona Mail - Re: James Carter has shared a file "20231107 Written Directive 2023-11758.docx.pdf" with you
your directives I am required to do costly and time consuming project that was not part of my contract scope and it was never a verbal agreement between me and home owner neither, as he claims.
Thank you,
Branislav Fedor B&J Home Renovations, LLC ROC # 329939 602 500 2648 From: James Carter <[email redacted]> Sent: Tuesday, November 7, 2023 12:22 PM To: [email redacted] <[email redacted]> Subject: James Carter has shared a file "20231107 Written Directive 2023-11758.docx.pdf" with you
James has shared the following file with you: Please see the attached Written Directive
20231107 Written Directive 2023-11758.docx.pdf
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https://mail.google.com/mail/u/0/?ik=8b703c773b&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-a:r-[number redacted]… 2/2 Complainant: Georgiy Yagudayev 35713 N 32nd Ave PHOENIX, AZ 85086
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov
C012 05/21 Respondent: B&J Home Renovations LLC DBA: PO Box 7843 Goodyear, AZ 85338
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov
C012 05/21 December 4, 2023
Compliance Jobsite Inspection Notice Re: Complaint No. 2023-11758
Dear Complainant and Respondent:
A Compliance Inspection has been scheduled for December 7, 2023 at 10:30 AM to determine the current status of the items listed on the issued Directive.
The Complainant is required to be present for this inspection. The Respondent is encouraged to be present but is not required to attend.
Complainant: SAFE ACCESS IS REQUIRED TO ANY AREA TO BE INSPECTED.
Sincerely,
James Carter James Carter, Investigator 602 7716770 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007
CC: Respondent Complainant
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov
C012 05/21 Complaint #2023-11758 Compliance Inspection Date 12/07/2023 10:30 AM - Photo Page 1 Complaint #2023-11758 Compliance Inspection Date 12/07/2023 10:30 AM - Photo Page 2 Complaint #2023-11758 Compliance Inspection Date 12/07/2023 10:30 AM - Photo Page 3 Complaint #2023-11758 Compliance Inspection Date 12/07/2023 10:30 AM - Photo Page 4 Complaint #2023-11758 Compliance Inspection Date 12/07/2023 10:30 AM - Photo Page 5 Complaint #2023-11758 Compliance Inspection Date 12/07/2023 10:30 AM - Photo Page 6 Complaint #2023-11758 Compliance Inspection Date 12/07/2023 10:30 AM - Photo Page 7 Complaint #2023-11758 Compliance Inspection Date 12/07/2023 10:30 AM - Photo Page 8 Complaint #2023-11758 Compliance Inspection Date 12/07/2023 10:30 AM - Photo Page 9 Complainant: Georgiy Yagudayev 35713 N 32nd Ave PHOENIX, AZ 85086
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Respondent: B&J Home Renovations LLC DBA: PO Box 7843 Goodyear, AZ 85338
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Case No.: 2023-11758 Investigator: James Carter Inspection Date: December 7, 2023 Inspection Time: 10:30 AM
Compliance Jobsite General Notes: CJSI photos and audio taken with my Google Pixel Phone camera. CJSI photos and audio have been placed into the ROC complaint file. Complaint was present for the CJSI Respondent was not
Compliance Findings:
Compliance Item: 2 - Exterior Paint is deteriorated at the walls Investigator’s Observation: This was not started or completed.
Compliance Item: 3 - Need to Caulk/Seal/Repair cracks, gaps and openings at the exterior of home Investigator’s Observation: This was not started or completed
Compliance Item: 4 - Per contract GC to fix Trim and Soffit panels., but section are missing in various locations of the home Investigator’s Observation: This was not started or completed
Compliance Item: 7 - Electricals is not wired properly at the property, improper wiring installation and double tapped breakers Investigator’s Observation: Respondent had not begun repairs nor had he obtained a permit through the local municipality.
Compliance Item: 8 - A non-professional wiring installation was done at he property, loose wiring in attic and kitchen Investigator’s Observation: Respondent had not begun repairs nor had he obtained a permit through the local municipality.
Compliance Item: 9 - Weatherproof enclosures are needed at the outdoor outlets Investigator’s Observation: Respondent had not begun repairs nor had he obtained a permit through the local municipality.
Compliance Item: 10 - Three prongs outlets have been installed at the two=wire system (outlets are not properly grounded) Investigator’s Observation: Respondent had not begun repairs nor had he obtained a permit through the local municipality
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Compliance Item: 13 - GFCI protection is not installed at some of the currently required locations as was required by scope of work Investigator’s Observation: Respondent had not begun repairs nor had he obtained a permit through the local municipality
Compliance Item: 15 - Patio lock is inoperative Investigator’s Observation: Complainant advised that this had been correct however it was still not working at the time of the CJSI
Compliance Item: 16 - Screws are missing at various locations from new hinges on door Investigator’s Observation: This was not started or completed
Compliance Item: 17 - New Side Door was installed and missing door sweep Investigator’s Observation: This was not started or completed
Compliance Item: 20 - Unprofessional repair/patching in the interior of drywall of home Investigator’s Observation: This was not started or completed
Compliance Item: 21 - Moisture and Flooding/Leak from a plumbing leak at interior walls Investigator’s Observation: Respondent had not begun repairs nor had he obtained a permit through the local municipality.
Compliance Item: 22 - Laundry/Utility Room was never painted as noted part of scope of work/contract Investigator’s Observation: This was not started or completed
Compliance Item: 25 - Drains - Improperly Installed waste lines were observed at the kitchen sink Investigator’s Observation: Respondent had not begun repairs nor had he obtained a permit through the local municipality
Compliance Item: 28 - Under Kitchen Sink - Garbage Disposal: no high loop installed at the drain hose Investigator’s Observation: Respondent had not begun repairs nor had he obtained a permit through the local municipality
Compliance Item: 29 - Both Bathrooms sinks/drains leaking and were improperly installed. Investigator’s Observation: Respondent had not begun repairs nor had he obtained a permit through the local municipality.
Compliance Item: 30 - Both Hot/Cold were reversed. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Investigator’s Observation: Respondent had not begun repairs nor had he obtained a permit through the local municipality
Compliance Item: 33 - Hot/Cold reversed in hall bath, Investigator’s Observation: Respondent had not begun repairs nor had he obtained a permit through the local municipality
Compliance Item: 34 - Master Bath valve is leaks and drain is clogged in the Master bathroom Investigator’s Observation: Respondent had not begun repairs nor had he obtained a permit through the local municipality
Compliance Item: 35 - Hall Bath Toilet line is not connected correctly and is leaking, wet drywall and water damaged Investigator’s Observation: Respondent had not begun repairs nor had he obtained a permit through the local municipality
Note: Respondent contacted the Investigator on or around 11/27/2023 requesting that I reconsider my directive for the permits because it was going to require way to much work and money and it was not on his original contract. I denied his request and told him that as a licensed contractor he should have known permits were required and as soon as he touched the work he was responsible for permits. He then said he had not gotten permits as of yet because he needed an appointment and he could not get one until 12/05/2023. I advised that the due date on the directive was 12/01/2023. He contacted me again on or around 12/04/2023 saying the city told him he did not need a permit for the plumbing because all he did was replace fixtures. I found evidence that fixtures were moved which would require a permit. He did say that the city told him he was responsible for all the wiring upgrades to the home since he touched it he “owned” it. He advised me that he would not be present for the CJSI
Please review the complaint items listed above. If any of the items have not been corrected at the time of the compliance inspection this complaint will be forwarded to the Registrar’s legal department and a citation may be issued.
If all items are corrected after receipt of this letter, please notify the Registrar’s legal department by sending a notice of compliance signed by the complainant to fax number (602) 364-0416 or by mail to: Arizona Registrar of Contractors, P.O. Box 18244, Phoenix, Arizona 85005-8244. Sincerely,
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 James Carter James Carter, Investigator 602 7716770 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007
CC: Respondent Complainant
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Georgiy Yagudayev, Case No. 2023-11758 COMPLAINANT, v. B&J Home Renovations LLC , CITATION License No. ROC 329939, RESPONDENT. The Registrar issues this Citation to B&J Home Renovations LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by December 28, 2023, then under A.R.S. § 32-1155(C), Respondent’s failure to answer may be deemed an admission of the act or acts charged in the underlying complaint, and the Registrar may then suspend or revoke Respondent’s license(s). THE WRITTEN COMPLAINT On October 10, 2023, Georgiy Yagudayev (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating:
Charge 1: A.R.S. § 32-1154(A)(2)(b) 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. of 5
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Charge 2: A.R.S. § 32-1154(A)(3) - R4-9-108(a) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. Charge 3: A.R.S. § 32-1154(A)(22) Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a reasonable period of time after receiving a written directive from the Registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held. If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F). FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2023-11758.
of 5
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted] The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than December 28, 2023. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and of 5
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be of 5
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated December 13, 2023. By: /s/ Mary Coyne Mary Coyne, CP Paralegal Manager Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, December 13, 2023 to:
Respondent Certified Mail No: [number redacted]
B&J Home Renovations LLC PO Box 7843 Goodyear, AZ 85338 Copy mailed by USPS First Class mail this same date to:
B&J Home Renovations LLC PO Box 7843 Goodyear, AZ 85338 Complainant Georgiy Yagudayev 35713 N 32nd Ave PHOENIX, AZ 85086
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. 2023-11758 / MTH of 5
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 13207 N 20th Ave, Phoenix, AZ 85029 Oral Change Orders:
● The reason a written contract is not being provided (e.g. the contractor did not provide a written contract, the contract is lost, the contract was destroyed);
Oral Change Order, GC never provided a written change order. He left town on 8/28/2023 and was supposed to email over final payment and change order once he was back in town but never did.
● A description of any written documents used to describe the contract, e.g. bids, proposals, invoices, receipts. (If you have copies of any of these documents, please provide them with the Complaint Form.);
Verbal Agreements
● A description of the work to be performed under the contract (including any addenda or change orders);
1. GC to provide and install Fire Rated Side door plus labor $200.00 2. GC to landscape front and backyard and paint fence. GC to put rocks in the front and backyard, including clean up of landscaping and trim trees $2500.00 3. Due to the break-in at the property, after Mr. Yagudayev advised the GC and Subs multiple times to not leave any tools and not pick up the materials until the work was going to be done the day they needed materials. Mr. Fedor picked up the Luxury Vinyl Plank Flooring from Floor and Decor on Tuesday 08/8/2023. The property had a breakin overnight on Wednesday 08/09/2023 with floorings and other subcontractor tools and items stolen from property. Police Report #23-1215482. Mr. Fedor and Mr. Yagudayev agreed to split the cost of the stolen floors for a credit of $800.00 to the original contract.
● The names of the people who negotiated the contract;
Georgiy Yagudayev, Member of LS Realty Investment LLC Branislav (Brian) Fedor, Office of B&J Home Renovation, LLC
● The agreed upon payment schedule;
Payment for the above change orders to be made at the compilation of the work which was initial schedule for Friday, 08/25/2023
● An explanation of who was to receive payment;
B&J Home Renovation was to receive the payment of $2700.00 minus 50% for loss of the floorings cost at the completion of the job
● The date the work was to be completed; and
Work Completed Monday, 08/28/2023 13207 N 20th Ave, Phoenix, AZ 85029 Oral Change Orders:
● The reason a written contract is not being provided (e.g. the contractor did not provide a written contract, the contract is lost, the contract was destroyed);
Oral Change Order, GC never provided a written change order. He left town on 8/28/2023 and was supposed to email over final payment and change order once he was back in town but never did.
● A description of any written documents used to describe the contract, e.g. bids, proposals, invoices, receipts. (If you have copies of any of these documents, please provide them with the Complaint Form.);
Verbal Agreements
● A description of the work to be performed under the contract (including any addenda or change orders);
1. GC to provide and install Fire Rated Side door plus labor $200.00 2. GC to landscape front and backyard and paint fence. GC to put rocks in he front and backyard, including clean up landscaping and trim trees $2500.00 3. Due to the break-in at the property, after Mr. Yagudayev advised the GC and Subs multiple times to not leave any tools and not pick up the materials until the work was going to be done the day they needed materials. Mr. Fedor picked up the Luxury Vinyl Plank Flooring from Floor and Decor on Monday 08/7/2023. The property had a breakin overnight on Wednesday 08/09/2023 with floorings and other subcontractor tools and items stolen from property. Police Report #23-1215482. Mr. Fedor and Mr. Yagudayev agreed to split the cost of the stolen floors for a credit of $800.00 to the original contract.
● The names of the people who negotiated the contract;
Georgiy Yagudayev, Member of LS Realty Investment LLC Branislav (Brian) Fedor, Office of B&J Home Renovation, LLC
● The agreed upon payment schedule;
Payment for the above change orders to be made at the compilation of the work which was initial schedule for Friday, 08/25/2023
● An explanation of who was to receive payment;
B&J Home Renovation was to receive the payment of $2700.00 minus 50% for loss of the floorings cost
● The date the work was to be completed; and
Work Completed Monday, 08/28/2023 Check Search Results
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© 2016 JPMorgan Chase & Co. 1 12/22/23, 8:26 AM State of Arizona Mail - Written Answer to Citation and Complaint Case No. 2023-11758
Answers - AZROC <[email redacted]>
Written Answer to Citation and Complaint Case No. 2023-11758 message
Branislav Fedor <[email redacted]> Thu, Dec 21, 2023 at 6:24 PM To: "[email redacted]" <[email redacted]>
Written Answer to Citation and Complaint Case No. 2023-11758
Construction work at 13207 N 20th Ave, Phoenix begun on July 28th , 2023. The work was completed on August 28th , 2023, per homeowner/investor request. We walked property together and tested all sinks/drains and plumbing fixtures together. No discrepancies were noted at that time. We completed this project under tremendous time pressure from the complainant since he wanted to list this property on the market as soon as possible. On October 7th , 2023, I received a phone call from a complainant that property was flooded while being inspected by a home inspector. This happened late Saturday afternoon. I told him that I can have my subcontractor to come on Monday morning, October 8th , 2023, to evaluate damage and investigate and repair the leak since it wasn’t clear from his description. The complaint did not allow my subcontractor to perform any repair on that day. I met with the complainant at the property the next day on Tuesday October 9th , 2023. He did not allow me to investigate the source of the leak and perform any repairs on that day either. Instead, he insisted that I should file insurance claim first to cover his financial costs to hold this property. I refused to do so because at that time we did not know the cause of leaks and it was hard to evaluate water damage since there were very minimal signs. We had a disagreement at that time about electrical scope that was not compliant with current local state requirements. Prior signing a contract, I informed the complainant about possible electrical issue since this property was built in 1961. I suggested that it would be the best to replace the main electrical panel and bring it up to compliance with building permit. That would require extra funds from the complainant and more time to complete this project. Complainant rejected that option and requested only cosmetic electric work (replacing electric outlets/switches/light fixtures). In the kitchen, the existing ceiling light fixture was converted into 6 recessed LED can lights and the existing electric range power line was relocated into a new closer location. At this day I know I failed and should have not agreed on any electrical work without a building permit. As I was told by the City of Phoenix Planning & Developing department, I own this entire electrical project since I touched it. After further investigation we noted that wiring in three bedrooms and living room does not contain ground wire as that was a standard electrical building practice in 1960s. I fully realized that mistake now and I was/am willing to perform all work at my own expense even if it was not in my contract scope to bring it up to compliance with current electrical code . In order to bring this property up to the current electrical code, I have to replace all the wires in three bedrooms and in the living room. That requires to remove existing drywall on walls and ceilings, replace wires, install new drywall, patchwork, texture and paint. Main electrical panel will have to be replaced as well to properly accommodate all new wiring. That also requires to schedule service interruption from utility company. This is an expensive and time-consuming project that requires complainant/homeowner cooperation. When I received a written directives after a complaint was filed and inspection was conducted by ROC inspector, I immediately started to address plumbing issues as they were a priority at that time. I used all my available time and resources to complete these repairs. It turned out that were leaks on cooper lines between shower/tub valve and shower head in both bathrooms. Unfortunately, because of the existing bathroom layouts I had to open tile walls to repair it. That required extra time. All other plumbing issues were addressed and repaired. Other repairs were cosmetic and are completed or we were planning to finish them on December 2nd, 2023. The complainant did not allow us to continue on those and asked my subcontractor to vacate the premises. By inspector directives from November 7th, 2023, all work was required to be completed by December 1st, 2023. Despite my great effort and resources, I was not able to complete all these repairs by December 1st, 2023. I am a small contractor and don’t have any employees or full-time subcontractors at this time. A project like this involves more logistic preparation and I would need more to complete it.
https://mail.google.com/mail/b/AEoRXRREAR6Nj7LRN8198cF0raLGzAPjuF4HTMcRioWYJMDVuuxL/u/0/?ik=581c53cf5c&view=pt&search=all&permt… 1/2 12/22/23, 8:26 AM State of Arizona Mail - Written Answer to Citation and Complaint Case No. 2023-11758
Complainant was not interesting in completing all these repairs. Instead, he was seeking financial reimbursement from beginning of this dispute. I was available with my resources to resolve these issues immediately, after he called me on October 7th, 2023. I do take responsibility for construction defects that were in contract scope, and I was very prompt in response to repair them. Complainant claims and includes items in his complaint to be a part of scope that were never part of written or oral contract agreement as he claims. This project was completed under a very tight financial and time schedule. Complainant did not accept any unseen existing conditions, nor accept any additional work/cost. He does not have a construction knowledge and does not understand a construction process in detail. I should have never entered into this agreement under these circumstances. After rejecting this agreement multiple times, I failed and entered into this agreement. This is a very valuable, painful and expensive lesson for me. From the beginning of this dispute, I was very reactive and willing to make corrections to resolve it. I have been working in the construction field for many years as subcontractor, I acquired my CR61 license in 2020. For all these years I have never ever had any insurance or ROC claims. I have made mistakes as everybody does sometime, but always correct them promptly. I acknowledge that there were mistakes made at this project due to limited budget and time. I acknowledge that limited budged is not an excuse for poor workmanship and I do take responsibility for it. I am willing to accept a significant cost for replacing an electrical system that was not in my contract. If the complainant is willing to allow me to finish it. If complainant is not willing to allow me complete all repairs, I would like to request an informal settlement conference.
Thank you,
Sincerely,
Branislav Fedor B&J Home Renovations, LLC ROC # 329939 602 500 2648
https://mail.google.com/mail/b/AEoRXRREAR6Nj7LRN8198cF0raLGzAPjuF4HTMcRioWYJMDVuuxL/u/0/?ik=581c53cf5c&view=pt&search=all&permt… 2/2 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