2023A-11827-CHC-ROC Notice of Hearing & Packet MAILED 2023-11827.pdf

2023A-11827-CHC-ROC · Registrar of Contractors · 2024-07-30

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Victoria Lynnette Adam , Case No. 2023-11827

COMPLAINANT, Docket No. 2023A-11827-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Whetstone Construction LLC License No. ROC 180592,

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

HEARING INFORMATION The hearing is set for:

September 10, 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 July 1, 2024. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED

The complaint and citation allege that the Respondent committed the following act(s): Charge: 1 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Charge: 2 A.R.S. § 32-1154(A)(12) - A.R.S. § 32-1158

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 July 30, 2024.

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

Copy mailed via USPS First Class mail July 30, 2024 to:

Respondent(s) Whetstone Construction LLC 5161 East Hereford Road Hereford, AZ 85615

Complainant(s) Victoria Lynnette Adam 1287 North Taboma Lane Tombstone, AZ 85638 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. 2023-11827 /

Douglas A. Ducey, Governor Jeffrey L. Fleetham, Director

Hearing Packet FAQ What is the Hearing Packet?

The Hearing Packet is a packet of certain documents collected or issued by the Registrar over the course of its investigation.

Who gets the Hearing Packet?

The Hearing Packet is assembled and distributed to all parties and to the Office of Administrative Hearings (“OAH”) prior to an administrative hearing.

What types of cases does the Registrar prepare a Hearing Packet for?

The Registrar prepares a Hearing Packet for Complainant-Handled Cases and No-Pay Cases. Note: If the Docket Number on the Notice of Hearing contains a “CHC” or “NPC”, your case is a Complainant-Handled Case or a No-Pay Case.

What is in the Hearing Packet?

The Hearing Packet contains essential case-specific documents and at a minimum will include the following documents:

● Original complaint;

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ

Douglas A. Ducey, Governor Jeffrey L. Fleetham, Director

● Citation; and ● Answer.

The Hearing Packet will also contain the following documents (if applicable):

● Jobsite inspection notices, notes, and photos; ● Written directives; and ● Compliance inspection notices, notes, and photos.

What if there are documents missing from the Hearing Packet?

If there is any evidence you submitted to the Registrar that are not included in the Hearing Packet it is your responsibility to introduce that evidence at the administrative hearing. Note: The administrative law judge assigned to your case does not have access to the entire Registrar record.

If there is additional evidence you submitted to the Registrar during the investigation that you also want to introduce as evidence during your hearing, it is your responsibility to:

● Properly disclose that evidence to the other party; and ● Introduce the evidence during your hearing.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ

Douglas A. Ducey, Governor Jeffrey L. Fleetham, Director

How do I disclose evidence I intend to use at a Hearing?

You must properly disclose any and all documents and witnesses you intend to use at your hearing according to the Registrar’s Prehearing Disclosure Rules. See Arizona Administrative Code Section R4-9-118.

A sample prehearing disclosure form and instructions are provided to the parties by the Registrar.

How do I obtain documents I previously submitted to the Registrar?

If you previously submitted documents to the Registrar and need a copy of these documents, please contact the Registrar’s Legal Department or submit a public records request at https://roc.force.com/AZRoc/s/roc-public-request.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ

Complainant: Victoria Lynnette Adam 1287 North Taboma Lane Tombstone, AZ 85638

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: Whetstone Construction LLC DBA: Whetstone Roofing 5161 East Hereford Road Hereford, AZ 85615

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

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

Jobsite Inspection Notice Re: Complaint Number 2023-11827

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for November 28, 2023 at 10:00 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

COMPLAINANT: 1. Under A.R.S. § 32-1155(D)(1), the Respondent must be allowed, upon request, the opportunity to inspect the work complained of within fifteen (15) days of receiving this notice. If Respondent is not provided an opportunity to inspect the work within the fifteen (15) day time period, the Registrar may be prohibited from taking further action on this complaint. 2. The Registrar may also be precluded from taking further action on this complaint, if the work that is the subject of the complaint is subject to neglect, modification, or abnormal use. A.R.S. § 32-1155(D)(2) 3. You must provide safe access to any area to be inspected. If access to a roof or other elevated area is required, you must provide a means to safely access the area (ladder or manlift as appropriate). Additionally, please secure any animals.

RESPONDENT: 1. Enclosed is a copy of the complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity to inspect the work complained of within fifteen days of the date of receipt of this notice. 2. To assist the assigned investigator in evaluating the merits of the complaint, please submit a response to the enclosed complaint to the assigned investigator prior to the scheduled inspection. 3. If you do not attend the jobsite inspection, your absence may negatively impact the investigation, and your interests. 4. If a building permit(s) was required for this project, please have the building permit information available at the jobsite inspection.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 If either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time.

If the parties resolve the complaint prior to the inspection, please notify the assigned investigator in writing and by phone as soon as possible.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Jobsite Inspection Notes

Case No.: 2023-11827 Investigator: Mike Springer Inspection Date: November 28, 2023 Inspection Time: 10:00AM

Complainant: Victoria Lynnette Respondent: Whetstone Adam Construction LLC Not Present: Not Present:

Jobsite General Notes: Photos were taken to document items. The complainant/Respondent and I addressed each item of the complaint. JSI audio recorded. Complainant was very difficult to keep on task for JSI, repeatedly had to call her back to show me items.

Complaint Item: 1 - Five roofs were contracted. Contractor claimed each roof had to layers of shingles and charged extra Investigator’s Observation: The house had 2 layers of shingles already installed. Cochise County does not allow for three. Previous layers were removed. Financial issue between parties. Governing Rule: N/A

Complaint Item: 2 - They found dry rot and I paid them out of pocket to replace it. He didn't paint the replacement wood Investigator’s Observation: One piece of plywood was shown to me under the outside kitchen eave. Respondent stated he needed to paint it. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

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

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

Complaint Item: 3 - Wires that were removed for work to be done were either not put back up or were put up wrong Investigator’s Observation: Fascia was replaced in numerous areas. Wire that was attached to these were not reattached on main house. Hanging down. 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 - Contract called for new roof vents and rain drips. Old ones were painted and put back up Investigator’s Observation: Roof vents and drip edge appear new. No way to tell since being freshly painted. No existing holes are visible and flanges are in good shape, no bending. Governing Rule: N/A

Complaint Item: 5 - Gutters are bent and damaged in a multitude of places due to poor care when used to support ladders Investigator’s Observation: Gutters are damaged. I cannot verify who damaged these but Respondent stated insurance was paying for new 37.5' section over carport. Not completed. 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: 6 - Due to gutter damage there are leaks everywhere Investigator’s Observation: Gutter leaks in center section over carport, contracted to be replaced. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

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

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

Complaint Item: 7 - Shingle areas on roof bubble or sage and look terrible Investigator’s Observation: One area of main house ridge has a small rise, this is due to the construction underneath, not the reroofing work. Raised area is from an old addition. Governing Rule: N/A

Complaint Item: 8 - Facia and soffit replacements are not flush or were not cut to fit property Investigator’s Observation: The house has sealed plywood soffits. Some of these are loose and need repair. These areas were not contracted by Respondent and I cannot speak to the condition of these soffits prior to Respondents work. Governing Rule: N/A

Complaint Item: 9 - Paint used on wood, flashing, etc. on roof does not match existing color Investigator’s Observation: The only areas that were painted were the new drip edges. Main house color is old and drip edge is a close match. Governing Rule: N/A

Complaint Item: 10 - Painting on vents and other replacements items done poorly, looks sloppy. Poor workmanship Investigator’s Observation: Painting on new vents is adequate. Governing Rule: N/A

Complaint Item: 11 - Cameras were twisted and broken to conceal poor workmanship and on site drug use after I reported Investigator’s Observation: I cannot verify the condition of the cameras prior to Respondent's work or if Respondent altered cameras. Governing Rule: N/A

Complaint Item: 12 - Materials used to replace old materials such as flashing, metal, and skylights are incredibly cheap Investigator’s Observation: This is a general statement, I cannot verify the 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

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

quality of the materials used. Governing Rule: N/A

Complaint Item: 14 - Contract called for new gutter, Dale claimed insurance money wasn't enough and didn't do it. Investigator’s Observation: Addressed in item 5. Governing Rule: N/A

Complaint Item: 15 - The skylights when put in above pool created a huge mess. Pool cover absorbed nails and other debris. No attempt was ever made to protect the pool or pool features from ladders or debris. I cleaned it. Investigator’s Observation: This is not a workmanship item and has already been corrected by Complainant. Governing Rule: N/A

Complaint Item: 16 - Replacement support beam under deck was cut wrong, installed wrong, and missing support brackets Investigator’s Observation: Rafter attached to existing rafter for support is supported but is missing 1 H2.5 connector. 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 - Solar Panels to be replaced. Was told by contractor I had to do it myself. Whetstone was paid over 1000 dollars Investigator’s Observation: Solar for pool is mentioned in insurance details, Respondents states money was given back to Complainant for this. I 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

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

cannot verify if this is Respondent's responsibility. Verbal. Governing Rule: N/A

Complaint Item: 18 - House inspector found panels online for less than 500 dollars Investigator’s Observation: General statement, not a workmanship item. Governing Rule: N/A

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

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

Complainant: Victoria Lynnette Adam 1287 North Taboma Lane Tombstone, AZ 85638

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: Whetstone Construction LLC DBA: Whetstone Roofing 5161 East Hereford Road Hereford, AZ 85615

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 28, 2023

License No. ROC 180592

Re:Complaint No. 2023-11827

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 14th, 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: 2 - They found dry rot and I paid them out of pocket to replace it. He didn't paint the replacement wood Investigator’s Observation: One piece of plywood was shown to me under the outside kitchen eave. Respondent stated he needed to paint it. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

This means the license is suspended for lack of qualifying party, lack of bond, nonrenewal, Recovery Fund payout, or for any reason listed in A.R.S. § 32-1124(F). 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: 3 - Wires that were removed for work to be done were either not put back up or were put up wrong Investigator’s Observation: Fascia was replaced in numerous areas. Wire that was attached to these were not reattached on main house. Hanging down. 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: 5 - Gutters are bent and damaged in a multitude of places due to poor care when used to support ladders Investigator’s Observation: Gutters are damaged. I cannot verify who damaged these but Respondent stated insurance was paying for new 37.5' section over carport. Not completed. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 6 - Due to gutter damage there are leaks everywhere Investigator’s Observation: Gutter leaks in center section over carport, contracted to be replaced. 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 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

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

Compliance Item: 1 - Five roofs were contracted. Contractor claimed each roof had to layers of shingles and charged extra Investigator’s Observation: The house had 2 layers of shingles already installed. Cochise County does not allow for three. Previous layers were removed. Financial issue between parties. Governing Rule: N/A

Compliance Item: 4 - Contract called for new roof vents and rain drips. Old ones were painted and put back up Investigator’s Observation: Roof vents and drip edge appear new. No way to tell since being freshly painted. No existing holes are visible and flanges are in good shape, no bending. Governing Rule: N/A

Compliance Item: 7 - Shingle areas on roof bubble or sage and look terrible Investigator’s Observation: One area of main house ridge has a small rise, this is due to the construction underneath, not the reroofing work. Raised area is from an old addition. Governing Rule: N/A

Compliance Item: 8 - Facia and soffit replacements are not flush or were not cut to fit property Investigator’s Observation: The house has sealed plywood soffits. Some of these are loose and need repair. These areas were not contracted by

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 and I cannot speak to the condition of these soffits prior to Respondents work. Governing Rule: N/A

Compliance Item: 9 - Paint used on wood, flashing, etc. on roof does not match existing color Investigator’s Observation: The only areas that were painted were the new drip edges. Main house color is old and drip edge is a close match. Governing Rule: N/A

Compliance Item: 10 - Painting on vents and other replacements items done poorly, looks sloppy. Poor workmanship Investigator’s Observation: Painting on new vents is adequate. Governing Rule: N/A

Compliance Item: 11 - Cameras were twisted and broken to conceal poor workmanship and on site drug use after I reported Investigator’s Observation: I cannot verify the condition of the cameras prior to Respondent's work or if Respondent altered cameras. Governing Rule: N/A

Compliance Item: 12 - Materials used to replace old materials such as flashing, metal, and skylights are incredibly cheap Investigator’s Observation: This is a general statement, I cannot verify the quality of the materials used. Governing Rule: N/A

Compliance Item: 13 - Contract called for new screens. Old screens were rescreened instead to save money Investigator’s Observation: Insurance bid states R&R screens. 4

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 screens have been re-screened and frames are in good shape. Governing Rule: N/A

Compliance Item: 14 - Contract called for new gutter, Dale claimed insurance money wasn't enough and didn't do it. Investigator’s Observation: Addressed in item 5. Governing Rule: N/A

Compliance Item: 15 - The skylights when put in above pool created a huge mess. Pool cover absorbed nails and other debris. No attempt was ever made to protect the pool or pool features from ladders or debris. I cleaned it. Investigator’s Observation: This is not a workmanship item and has already been corrected by Complainant. Governing Rule: N/A

Compliance Item: 17 - Solar Panels to be replaced. Was told by contractor I had to do it myself. Whetstone was paid over 1000 dollars Investigator’s Observation: Solar for pool is mentioned in insurance details, Respondents states money was given back to Complainant for this. I cannot verify if this is Respondent's responsibility. Verbal. Governing Rule: N/A

Compliance Item: 18 - House inspector found panels online for less than 500 dollars Investigator’s Observation: General statement, not a workmanship item. Governing Rule: N/A

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

Sincerely,

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Mike Springer Mike Springer, Investigator #192 520 5089735 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

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

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complainant: Victoria Lynnette Adam 1287 North Taboma Lane Tombstone, AZ 85638

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 04/21 Respondent: Whetstone Construction LLC DBA: Whetstone Roofing 5161 East Hereford Road Hereford, AZ 85615

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 04/21 December 8, 2023

Re: Complaint No. 2023-11827

Dear Complainant and Respondent:

After the initial filing of the complaint 2023-11827, the Complainant filed the attached amended complaint containing additional complaint items.

A jobsite inspection is scheduled January 12, 2024 at 9:30AM. 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 amended complaint items 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 the amended complaint items. 2. The Registrar may also be precluded from taking further action on the amended complaint items, if the work that is the subject of the amended 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. Additionally, please secure any animals.

RESPONDENT: 1. Enclosed is a copy of the amended complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity 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 amended 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 C007 04/21 If either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time.

If the parties resolve the complaint prior to the inspection, please notify the assigned investigator in writing and by phone as soon as possible.

Sincerely,

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

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

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 04/21 Complainant: Victoria Lynnette Adam 1287 North Taboma Lane Tombstone, AZ 85638

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: Whetstone Construction LLC DBA: Whetstone Roofing 5161 East Hereford Road Hereford, AZ 85615

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

C012 05/21 January 25, 2024

Compliance Jobsite Inspection Notice Re: Complaint No. 2023-11827

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for March 11, 2024 at 2:00 PM 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,

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

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

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

C012 05/21 Complainant: Victoria Lynnette Adam 1287 North Taboma Lane Tombstone, AZ 85638

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 12/23 Respondent: Whetstone Construction LLC DBA: Whetstone Roofing 5161 East Hereford Road Hereford, AZ 85615

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 12/23 March 11, 2024

Re: Complaint No. 2023-11827

Dear Complainant and Respondent:

After the initial filing of the complaint 2023-11827, the Complainant filed the attached amended complaint containing additional complaint items.

A jobsite inspection is scheduled for May 7th at 10:00AM. 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.

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. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 12/23 If the parties resolve the complaint prior to the inspection, please notify the assigned investigator in writing and by phone as soon as possible.

Sincerely,

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

Cc: File Choose an item. Choose an item. Choose an item. Choose an item.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 12/23 Complainant: Victoria Lynnette Adam 1287 North Taboma Lane Tombstone, AZ 85638

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Respondent: Whetstone Construction LLC DBA: Whetstone Roofing 5161 East Hereford Road Hereford, AZ 85615

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 May 10, 2024

License No. ROC 180592

Re:Complaint No. 2023-11827

AMENDED

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

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

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

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

Compliance Item: 3 - Wires that were removed for work to be done were either not put back up or were put up wrong Investigator’s Observation: Fascia was replaced in numerous areas. Wire that was attached to these were not reattached on main house. Hanging down. 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 - Replacement support beam under deck was cut wrong, installed wrong, and missing support brackets

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Investigator’s Observation: Rafter attached to existing rafter for support is supported but is missing 1 H2.5 connector. 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 - retaining wall- No weep holes and there is no evidence of water proofing to prevent excess moisture infiltration Investigator’s Observation: No plans were provided for retaining wall. Nothing in contract states weep holes or moisture blocking. Blocking at South end is poorly finished with block laying in the dirt. Dirt is not being held back and is eroding around wall. Pic 6 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards.

Compliance Item: 23 - Several feet of concrete walkway have been removed and have not been replaced Investigator’s Observation: Sidewalk around rear of home was poured and was not sufficient. Respondent tore out this new sidewalk and still needs to replace. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 applicable to that aspect of construction work shall be performed in accordance with professional industry standards.

Compliance Item: 25 - siding used on the pool equipment enclosure were a non-exterior OSB or more of the section Investigator’s Observation: Pool enclosure has OSB interior walls and Exterior siding over that. Exterior walls are poorly done with gaps around edges. Contract states "Build insulated screen wall & roof over pool equipment." No design drawings were provided. Pic 9 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards.

Compliance Item: 27 - Several holes to the surface of the siding material of the pool equipment enclosure were not caulked. Investigator’s Observation: Gaps around edges of exterior siding should be caulked. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards.

Compliance Item: 28 - The paint on the pool equipment enclosure was incomplete Investigator’s Observation: Trim at edges of enclosure are not painted

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 and are deteriorating. Pic 9 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards.

Compliance Item: 30 - masonry wall at corner of pool house has been stained by concrete wash from section of walkway thats been removed Investigator’s Observation: Concrete staining is evident on masonry wall where sidewalk was removed. Pic 10 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards.

Compliance Item: 31 - Screws and nails poke through 2 inches from the surface of the pool equipment enclosure ceiling. Investigator’s Observation: There are screws poking through ceiling of pool enclosure, safety hazard. Pic 12,13 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Compliance Item: 32 - One or more downspouts were damaged pulled away from the corner of the house walkway area. Covered in cement splatter. Investigator’s Observation: Cement splatter on downspout near where sidewalk was removed. Pic 15 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards.

Compliance Item: 33 - Black plastic sub cap used at the bottom of the downspout is unacceptable Investigator’s Observation: Sewer T was used for downspout. Not intended use, correct downspout attachment must be used. Pic 15 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards.

Compliance Item: 36 - The edge of the sheet metal roof of the pool equipment enclosure was left exposed, creating a safety hazard Investigator’s Observation: A L shaped flashing was used on the backside of the pool enclosure roof. It is cut poorly and has sharp edges near where people would walk. Safety hazard. Pic 16,17 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards.

Compliance Item: 38 - The pool door enclosure does not close and latch properly Investigator’s Observation: Latch for pool enclosure is inoperable. Pic Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards.

Compliance Item: 39 - The insulation is missing, loose, and is easily dislodged from the walls Investigator’s Observation: Insulation placed in pool enclosure is falling off, unsecured. Pic 19,20 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards.

Compliance Item: 44 - The painting on the patio ceiling deck has visible streaks from a sprayer nozzle. Investigator’s Observation: Contract was to scrape texture and repaint.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Paint is peeling in several areas. Streaking is visible in painted areas. Pic 21-23 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards.

Compliance Item: 46 - The deck support beams have been painted in a substandard manner with mismatched missing or incomplete paint Investigator’s Observation: Touch up paint does not match. Overspray from railing is on deck supports. Pics 25-29 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards.

Compliance Item: 53 - Retaining wall No handrail or retaining wall caps were installed Investigator’s Observation: No handrail has been installed, This was part of the contract. Pic 1 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Compliance Item: 54 - The finished ceiling in the carport area was water damaged. Workmanship unacceptable Investigator’s Observation: Work was done around the two skylights in the carport. painting and texture is poor and failing. Pic 30,31 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards.

Compliance Item: 59 - No rain collars for the furnace and water heater vent pipes Investigator’s Observation: Storm collars missing over boot to vent transition. Because the flashing and vent can move independently of each other, storm collars should be installed over the seam. Pic 36, 37 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards.

Compliance Item: 62 - Sidewall flashing not painted. Incomplete work. Investigator’s Observation: One piece of flashing near carport corner not painted. Pic 43. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards.

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Respondent and I cannot speak to the condition of these soffits prior to Respondents work. Governing Rule: N/A

Compliance Item: 10 - Painting on vents and other replacements items done poorly, looks sloppy. Poor workmanship Investigator’s Observation: Painting on new vents is adequate. Governing Rule: N/A

Compliance Item: 13 - Contract called for new screens. Old screens were rescreened instead to save money Investigator’s Observation: Insurance bid states R&R screens. 4

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 screens have been re-screened and frames are in good shape. Governing Rule: N/A

Compliance Item: 14 - Contract called for new gutter, Dale claimed insurance money wasn't enough and didn't do it. Investigator’s Observation: Addressed in item 5. Governing Rule: N/A

Compliance Item: 18 - House inspector found panels online for less than 500 dollars Investigator’s Observation: General statement, not a workmanship item. Governing Rule: N/A

Compliance Item: 20 - The south end of the wall of the deck was backfilled with soil and pieces of concrete block taken from behind the garage

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Investigator’s Observation: I cannot verify where the dirt came from. Fill dirt behind retaining wall appears to be AB and compacted. There is some scattered dirt under the deck which is not part of the wall. Governing Rule:

Compliance Item: 21 - The fill had pieces of wood, old concrete sidewalk Investigator’s Observation: There was one piece of wood in the fill dirt which was removed at the JSI. I cannot verify any other fill material that may be under the dirt. Governing Rule:

Compliance Item: 22 - Retaining wall built improperly. Homeowners expected landscape tan brick Investigator’s Observation: No mention in contract regarding block type. This may have been a verbal condition that I cannot verify. Governing Rule:

Compliance Item: 24 - charged$1000 to remove two basketball sized concrete blocks found underneath walkway. Require refund. Investigator’s Observation: Nothing in provided contract about concrete removal. Governing Rule:

Compliance Item: 26 - The Pool Housing was to be built with the original fiberglass top (was not supposed to be removed Investigator’s Observation: No design drawings or plans provided. Governing Rule:

Compliance Item: 29 - Earth to wood contact was observed at the pool equipment enclosure

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Investigator’s Observation: Posts for enclosure are treated. Respondent states they are the original posts. Governing Rule:

Compliance Item: 34 - Plastic coke liter bottle used to warp around metal electrical pipes. Investigator’s Observation: This was removed prior to JSI. Governing Rule:

Compliance Item: 35 - Areas of wood trim have not been painted and caulked Investigator’s Observation: Addressed in item 28. Governing Rule:

Compliance Item: 37 - The pool equipment enclosure was constructed in a substandard manner Investigator’s Observation: addressed in previous items. Governing Rule:

Compliance Item: 40 - The pool ensures is causing the drying of the pool pump filter. Paid $450.00 to fix Investigator’s Observation: I cannot verify this item. Governing Rule:

Compliance Item: 41 - The pool heater sensor is broken from the extreme temperature’s changes in the pool equipment enclosure. Investigator’s Observation: I cannot verify this item. Governing Rule:

Compliance Item: 42 - Due to the method of construction of the pool equipment enclosure, homeowners have been advised of a carbon monoxide

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Investigator’s Observation: I cannot verify this item. Governing Rule:

Compliance Item: 43 - The Home-Owner has requested a four-side lattice enclosure with the original fiberglass top Investigator’s Observation: No plans provided or drawings. Governing Rule:

Compliance Item: 45 - Deck boards, beams, attached downspouts, flag holder, appear to have paint overspray when the patio ceiling was painted Investigator’s Observation: I cannot verify if the items are dirty or oversprayed. Pic 24 Governing Rule:

Compliance Item: 47 - Patio ceiling drywall repair-work is coming down. Investigator’s Observation: Addressed in item 44. Governing Rule:

Compliance Item: 48 - Sloppy paint on deck, railings, incomplete covering, overspray on gutters and downspouts, and rolling shutters Investigator’s Observation: Addressed in item 46 Governing Rule:

Compliance Item: 49 - Change orders were not approved as Homeowners was in California. a. Excess concrete removal (not completed) Investigator’s Observation: The sidewalk was the only area shown to me as removed. This is part of the contract. Governing Rule:

Compliance Item: 50 - Additional wood replacement under deck (not approved) ($600 charged)

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Investigator’s Observation: Contract states "Sister 2-3 2x12 floor joists using bolts under deck to support weakened joists" Governing Rule:

Compliance Item: 51 - Scrape pool patio ceiling Tape and texture entire ceiling – Repairs were not possible (Not approved) Investigator’s Observation: Contract states "Repair drywall on pool patio ceiling" This was addressed in item 44. Governing Rule:

Compliance Item: 52 - The surface of the replaced concrete paver was distorted or uneven and not sanded the way it was found Investigator’s Observation: I cannot verify the condition of the paver walkway prior to Respondent's work. Governing Rule:

Compliance Item: 55 - There is evidence of substandard patching or repairs to the carport finished ceiling surfaces Investigator’s Observation: Addressed in item 54. Governing Rule:

Compliance Item: 56 - paint on carport ceiling has been applied in a substandard manner, and the paint in several areas clearly mismatched Investigator’s Observation: Addressed in item 54. Governing Rule:

Compliance Item: 57 - The conduit for the pool light was damaged when the contractor removed the concrete walkway. Investigator’s Observation: Conduit appears to be damaged and taped.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 I cannot verify if the Respondent caused this. Pic 32 Governing Rule:

Compliance Item: 58 - The conduit for the pool equipment had been damaged when the improperly secured roof(pool equipment enclosure) Investigator’s Observation: This was not demonstrated to me. Governing Rule:

Compliance Item: 60 - Improper flashing for water heating vent. Investigator’s Observation: Flashing appears sufficient. Governing Rule:

Compliance Item: 61 - One roof plumbing roof flashing not painted. Incomplete work Investigator’s Observation: Not demonstrated to me. Governing Rule:

Compliance Item: 63 - Improper shingle installation on clubhouse roof. Improper overlap, improper rows Investigator’s Observation: Unverified: Shingles appear correct. Governing Rule:

Compliance Item: 64 - Several stepstones of concrete walkway that went around grill building that went around towards grass have been removed Investigator’s Observation: I cannot verify the condition of this walkway prior to the Respondent's work. Governing Rule:

Compliance Item: 65 - The walkway around the pool housing has been broken not level with the ground,

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Investigator’s Observation: Addressed in item 52. Governing Rule:

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

Sincerely,

Mike Springer, Investigator #192 520 508-9735 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

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

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

Case No.: 2023-11827 Investigator: Mike Springer Inspection Date: Tuesday, May 7, 2024 Inspection Time: 10:00 AM

Jobsite Address: 1287 N Taboma Ln Tombstone, AZ 85638

Complainant: Victoria Lynnette Respondent: Whetstone Adam Construction LLC Not Present: Not Present:

Jobsite General Notes: Photos were taken to document items. The complainant/Respondent and I addressed each item of the complaint. JSI audio recorded. Complainant was exremely emotional and was hard to keep on task.

Complaint Item: 5 - Gutters are bent and damaged in a multitude of places due to poor care when used to support ladders Investigator’s Observation: Gutters are damaged. I cannot verify who damaged these but Respondent stated insurance was paying for new 37.5' 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23

section over carport. Not completed. 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 - retaining wall- No weep holes and there is no evidence of water proofing to prevent excess moisture infiltration Investigator’s Observation: No plans were provided for retaining wall. Nothing in contract states weep holes or moisture blocking. Blocking at South end is poorly finished with block laying in the dirt. Dirt is not being held back and is eroding around wall. Pic 6 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards.

Complaint Item: 23 - Several feet of concrete walkway have been removed and have not been replaced Investigator’s Observation: Sidewalk around rear of home was poured and was not sufficient. Respondent tore out this new sidewalk and still needs to replace. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards.

Complaint Item: 25 - siding used on the pool equipment enclosure were a non-exterior OSB or more of the section 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23

Investigator’s Observation: Pool enclosure has OSB interior walls and Exterior siding over that. Exterior walls are poorly done with gaps around edges. Contract states "Build insulated screen wall & roof over pool equipment." No design drawings were provided. Pic 9 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards.

Complaint Item: 27 - Several holes to the surface of the siding material of the pool equipment enclosure were not caulked. Investigator’s Observation: Gaps around edges of exterior siding should be caulked. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards.

Complaint Item: 28 - The paint on the pool equipment enclosure was incomplete Investigator’s Observation: Trim at edges of enclosure are not painted and are deteriorating. Pic 9 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards.

Complaint Item: 30 - masonry wall at corner of pool house has been stained by concrete wash from section of walkway thats been removed Investigator’s Observation: Concrete staining is evident on masonry wall where sidewalk was removed. Pic 10 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards.

Complaint Item: 31 - Screws and nails poke through 2 inches from the surface of the pool equipment enclosure ceiling. Investigator’s Observation: There are screws poking through ceiling of 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23

pool enclosure, safety hazard. Pic 12,13 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards.

Complaint Item: 32 - One or more downspouts were damaged pulled away from the corner of the house walkway area. Covered in cement splatter. Investigator’s Observation: Cement splatter on downspout near where sidewalk was removed. Pic 15 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards.

Complaint Item: 33 - Black plastic sub cap used at the bottom of the downspout is unacceptable Investigator’s Observation: Sewer T was used for downspout. Not intended use, correct downspout attachment must be used. Pic 15 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards.

Complaint Item: 36 - The edge of the sheet metal roof of the pool equipment enclosure was left exposed, creating a safety hazard Investigator’s Observation: A L shaped flashing was used on the backside of the pool enclosure roof. It is cut poorly and has sharp edges near where people would walk. Safety hazard. Pic 16,17 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards.

Complaint Item: 38 - The pool door enclosure does not close and latch properly Investigator’s Observation: Latch for pool enclosure is inoperable. Pic 18 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23

county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards.

Complaint Item: 39 - The insulation is missing, loose, and is easily dislodged from the walls Investigator’s Observation: Insulation placed in pool enclosure is falling off, unsecured. Pic 19,20 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards.

Complaint Item: 44 - The painting on the patio ceiling deck has visible streaks from a sprayer nozzle. Investigator’s Observation: Contract was to scrape texture and repaint. Paint is peeling in several areas. Streaking is visible in painted areas. Pic 21-23 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards.

Complaint Item: 46 - The deck support beams have been painted in a substandard manner with mismatched missing or incomplete paint Investigator’s Observation: Touch up paint does not match. Overspray from railing is on deck supports. Pics 25-29 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards.

Complaint Item: 53 - Retaining wall No handrail or retaining wall caps were installed Investigator’s Observation: No handrail has been installed, This was part of the contract. Pic 1 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23

applicable to that aspect of construction work shall be performed in accordance with professional industry standards.

Complaint Item: 54 - The finished ceiling in the carport area was water damaged. Workmanship unacceptable Investigator’s Observation: Work was done around the two skylights in the carport. painting and texture is poor and failing. Pic 30,31 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards.

Complaint Item: 59 - No rain collars for the furnace and water heater vent pipes Investigator’s Observation: Storm collars missing over boot to vent transition. Because the flashing and vent can move independently of each other, storm collars should be installed over the seam. Pic 36, 37 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards.

Complaint Item: 62 - Sidewall flashing not painted. Incomplete work. Investigator’s Observation: One piece of flashing near carport corner not painted. Pic 43. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards.

ITEMS NOT REQUIRING CORRECTION:

Complaint Item: 4 - Contract called for new roof vents and rain drips. Old ones were painted and put back up 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23

Investigator’s Observation: Roof vents and drip edge appear new. No way to tell since being freshly painted. No existing holes are visible and flanges are in good shape, no bending. Governing Rule: Not Applicable

Complaint Item: 10 - Painting on vents and other replacements items done poorly, looks sloppy. Poor workmanship Investigator’s Observation: Painting on new vents is adequate. Governing Rule: Not Applicable

Complaint Item: 12 - Materials used to replace old materials such as flashing, metal, and skylights are incredibly cheap Investigator’s Observation: This is a general statement, I cannot verify the quality of the materials used. Governing Rule: Not Applicable

Complaint Item: 13 - Contract called for new screens. Old screens were rescreened instead to save money Investigator’s Observation: Insurance bid states R&R screens. 4 screens have been re-screened and frames are in good shape. Governing Rule: Not Applicable 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23

Complaint Item: 14 - Contract called for new gutter, Dale claimed insurance money wasn't enough and didn't do it. Investigator’s Observation: Addressed in item 5. Governing Rule: Not Applicable

Complaint Item: 17 - Solar Panels to be replaced. Was told by contractor I had to do it myself. Whetstone was paid over 1000 dollars Investigator’s Observation: Solar for pool is mentioned in insurance details, Respondents states money was given back to Complainant for this. I cannot verify if this is Respondent's responsibility. Verbal. Governing Rule: Not Applicable

Complaint Item: 18 - House inspector found panels online for less than 500 dollars Investigator’s Observation: General statement, not a workmanship item. Governing Rule: Not Applicable

Complaint Item: 20 - The south end of the wall of the deck was backfilled with soil and pieces of concrete block taken from behind the garage Investigator’s Observation: I cannot verify where the dirt came from. Fill dirt behind retaining wall appears to be AB and compacted. There is some scattered dirt under the deck which is not part of the wall. Governing Rule: Not Applicable

Complaint Item: 21 - The fill had pieces of wood, old concrete sidewalk Investigator’s Observation: There was one piece of wood in the fill dirt which was removed at the JSI. I cannot verify any other fill material that may be under the dirt. Governing Rule: Not Applicable

Complaint Item: 22 - Retaining wall built improperly. Homeowners expected landscape tan brick Investigator’s Observation: No mention in contract regarding block type. This may have been a verbal condition that I cannot verify. Governing Rule: Not Applicable

Complaint Item: 24 - charged$1000 to remove two basketball sized concrete blocks found underneath walkway. Require refund. Investigator’s Observation: Nothing in provided contract about concrete 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23

removal. Governing Rule: Not Applicable

Complaint Item: 26 - The Pool Housing was to be built with the original fiberglass top (was not supposed to be removed Investigator’s Observation: No design drawings or plans provided. Governing Rule: Not Applicable

Complaint Item: 29 - Earth to wood contact was observed at the pool equipment enclosure Investigator’s Observation: Posts for enclosure are treated. Respondent states they are the original posts. Governing Rule: Not Applicable

Complaint Item: 34 - Plastic coke liter bottle used to warp around metal electrical pipes. Investigator’s Observation: This was removed prior to JSI. Governing Rule: Not Applicable

Complaint Item: 35 - Areas of wood trim have not been painted and caulked Investigator’s Observation: Addressed in item 28. Governing Rule: Not Applicable

Complaint Item: 37 - The pool equipment enclosure was constructed in a substandard manner Investigator’s Observation: addressed in previous items. Governing Rule: Not Applicable

Complaint Item: 40 - The pool ensures is causing the drying of the pool pump filter. Paid $450.00 to fix Investigator’s Observation: I cannot verify this item. Governing Rule: Not Applicable

Complaint Item: 41 - The pool heater sensor is broken from the extreme temperature’s changes in the pool equipment enclosure. Investigator’s Observation: I cannot verify this item. Governing Rule: Not Applicable

Complaint Item: 42 - Due to the method of construction of the pool equipment enclosure, homeowners have been advised of a carbon monoxide Investigator’s Observation: I cannot verify this item. Governing Rule: Not Applicable

Complaint Item: 43 - The Home-Owner has requested a four-side lattice enclosure with the original fiberglass top Investigator’s Observation: No plans provided or drawings. Governing Rule: Not Applicable 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23

Complaint Item: 45 - Deck boards, beams, attached downspouts, flag holder, appear to have paint overspray when the patio ceiling was painted Investigator’s Observation: I cannot verify if the items are dirty or oversprayed. Pic 24 Governing Rule: Not Applicable

Complaint Item: 47 - Patio ceiling drywall repair-work is coming down. Investigator’s Observation: Addressed in item 44. Governing Rule: Not Applicable

Complaint Item: 48 - Sloppy paint on deck, railings, incomplete covering, overspray on gutters and downspouts, and rolling shutters Investigator’s Observation: Addressed in item 46 Governing Rule: Not Applicable

Complaint Item: 49 - Change orders were not approved as Homeowners was in California. a. Excess concrete removal (not completed) Investigator’s Observation: The sidewalk was the only area shown to me as removed. This is part of the contract. Governing Rule: Not Applicable

Complaint Item: 50 - Additional wood replacement under deck (not approved) ($600 charged) Investigator’s Observation: Contract states "Sister 2-3 2x12 floor joists using bolts under deck to support weakened joists" Governing Rule: Not Applicable

Complaint Item: 51 - Scrape pool patio ceiling Tape and texture entire ceiling – Repairs were not possible (Not approved) Investigator’s Observation: Contract states "Repair drywall on pool patio ceiling" This was addressed in item 44. Governing Rule: Not Applicable

Complaint Item: 52 - The surface of the replaced concrete paver was distorted or uneven and not sanded the way it was found Investigator’s Observation: I cannot verify the condition of the paver walkway prior to Respondent's work. Governing Rule: Not Applicable

Complaint Item: 55 - There is evidence of substandard patching or repairs to the carport finished ceiling surfaces Investigator’s Observation: Addressed in item 54. Governing Rule: Not Applicable

Complaint Item: 56 - paint on carport ceiling has been applied in a substandard manner, and the paint in several areas clearly mismatched 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23

Investigator’s Observation: Addressed in item 54. Governing Rule: Not Applicable

Complaint Item: 57 - The conduit for the pool light was damaged when the contractor removed the concrete walkway. Investigator’s Observation: Conduit appears to be damaged and taped. I cannot verify if the Respondent caused this. Pic 32 Governing Rule: Not Applicable

Complaint Item: 58 - The conduit for the pool equipment had been damaged when the improperly secured roof(pool equipment enclosure) Investigator’s Observation: This was not demonstrated to me. Governing Rule: Not Applicable

Complaint Item: 60 - Improper flashing for water heating vent. Investigator’s Observation: Flashing appears sufficient. Governing Rule: Not Applicable

Complaint Item: 61 - One roof plumbing roof flashing not painted. Incomplete work Investigator’s Observation: Not demonstrated to me. Governing Rule: Not Applicable

Complaint Item: 63 - Improper shingle installation on clubhouse roof. Improper overlap, improper rows Investigator’s Observation: Unverified: Shingles appear correct. Governing Rule: Not Applicable

Complaint Item: 64 - Several stepstones of concrete walkway that went around grill building that went around towards grass have been removed Investigator’s Observation: I cannot verify the condition of this walkway prior to the Respondent's work. Governing Rule: Not Applicable

Complaint Item: 65 - The walkway around the pool housing has been broken not level with the ground, Investigator’s Observation: Addressed in item 52. Governing Rule: Not Applicable

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23

Complainant: Victoria Lynnette Adam 1287 North Taboma Lane Tombstone, AZ 85638

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

C012 12/23 Respondent: Whetstone Construction LLC DBA: Whetstone Roofing 5161 East Hereford Road Hereford, AZ 85615

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

C012 12/23 June 11, 2024

Compliance Jobsite Inspection Notice Re: Complaint No. 2023-11827

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for June 28th, 2024 at 10:00 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,

Mike Springer, Investigator #192 (520) 508-9735 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

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

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

C012 12/23 Complainant: Victoria Lynnette Adam 1287 North Taboma Lane Tombstone, AZ 85638

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Respondent: Whetstone Construction LLC DBA: Whetstone Roofing 5161 East Hereford Road Hereford, AZ 85615

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Case No.: 2023-11827 Investigator: Mike Springer Inspection Date: Friday June 28th Inspection Time: 10:00 AM

Compliance Findings:

The following items remain out of compliance.

Compliance Item: 16 - Replacement support beam under deck was cut wrong, installed wrong, and missing support brackets Investigator’s Observation: Rafter attached to existing rafter for support is supported but is missing 1 H2.5 connector. 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 - retaining wall- No weep holes and there is no evidence of water proofing to prevent excess moisture infiltration Investigator’s Observation: No plans were provided for retaining wall. Nothing in contract states weep holes or moisture blocking. Blocking at South end is poorly finished with block laying in the dirt. Dirt is not being held back and is eroding around wall. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards.

Compliance Item: 30 - masonry wall at corner of pool house has been stained by concrete wash from section of walkway thats been removed

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Investigator’s Observation: Concrete staining is evident on masonry wall where sidewalk was removed. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards.

Compliance Item: 32 - One or more downspouts were damaged pulled away from the corner of the house walkway area. Covered in cement splatter. Investigator’s Observation: Cement splatter on downspout near where sidewalk was removed. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards.

Compliance Item: 38 - The pool door enclosure does not close and latch properly Investigator’s Observation: Latch for pool enclosure is inoperable. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Compliance Item: 46 - The deck support beams have been painted in a substandard manner with mismatched missing or incomplete paint Investigator’s Observation: Touch up paint does not match. Overspray from railing is on deck supports. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards.

Compliance Item: 54 - The finished ceiling in the carport area was water damaged. Workmanship unacceptable Investigator’s Observation: Work was done around the two skylights in the carport. painting and texture is poor and failing.

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards.

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 12/23 Mike Springer, Investigator #192 (520) 508-9735 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Victoria Lynnette Adam Case No. 2023-11827 COMPLAINANT, v. Whetstone Construction LLC CITATION License No. ROC 180592,

RESPONDENT.

The Registrar issues this Citation to Whetstone Construction LLC (“Respondent”) under

A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by July 16, 2024, 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).

of 6

1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 THE WRITTEN COMPLAINT On October 11, 2023, Victoria Lynnette Adam (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating: Charge 1: A.R.S. § 32-1154(A)(3) - R4-9-108(a) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Charge 2: A.R.S. § 32-1154(A)(12) - A.R.S. § 32-1158 Failure in any material respect to comply with this chapter; Namely A.R.S. § 32-1158.

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.

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1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 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. 2023-11827. 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 July 16, 2024. 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,

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1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an 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

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1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated July 1, 2024. By: /s/ Dylan Warwick Dylan Warwick Legal Department Arizona Registrar of Contractors

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1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, July 1, 2024 to:

Respondent Certified Mail No: [number redacted]

Whetstone Construction LLC 5161 East Hereford Road Hereford, AZ 85615

Copy mailed by USPS First Class mail this same date to:

Whetstone Construction LLC 5161 East Hereford Road Hereford, AZ 85615

License mailing address (if different from account/company address of record): Whetstone Construction LLC 128 N 6th Street Sierra Vista, AZ 85635 Complainant Victoria Lynnette Adam 1287 North Taboma Lane Tombstone, AZ 85638 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. 2023-11827 / <<CreatedBy_DW>

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1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 Received by Investigations 10/11/2023 2023-11827 Received by Investigations 10/11/2023 2023-11827 Received by Investigations 10/11/2023 2023-11827 Received by Investigations 10/11/2023 2023-11827 Received by Investigations 10/11/2023 2023-11827 Received by Investigations 10/11/2023 2023-11827 Received by Investigations 10/11/2023 2023-11827 Received by Investigations 10/11/2023 2023-11827 Received by Investigations 10/11/2023 2023-11827 Received by Investigations 10/11/2023 2023-11827 Received by Investigations 10/11/2023 2023-11827 Received by Investigations 10/11/2023 2023-11827 Received by Investigations 10/11/2023 2023-11827 Received by Investigations 10/11/2023 2023-11827 Received by Investigations 10/11/2023 2023-11827 Received by Investigations 10/11/2023 2023-11827 Received by Investigations 10/11/2023 2023-11827 Received by Investigations 10/11/2023 2023-11827 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Answers - AZROC <[email redacted]>

Written Answer to citation and complaint Case number 2023-11827 Whetstone Construction <[email redacted]> Tue, Jul 16, 2024 at 1:44 PM To: [email redacted]

Case number 2023-11827

Written answer to the Citation:

Charge 1: Whetstone Construction corrected all directives concerning the professional and workmanlike items as demonstrated in the answers to the Written Directive below.

Charge 2: All items from the Written Directive have been addressed by Whetstone construction as 07.15.2024.

Charge 3: This written response is to demonstrate our compliance with the corrective action.

Written answer to Complaint:

Written Directive Compliance Item: 2 -All Unpainted plywood was painted.

Written Directive Compliance Item: 3- All wires hanging from replaced facia on the main house were secured. Verbal addition from site walk: Secured wires from under deck even though the loose wires under the deck were not due to any part of the project and were never any part of the scope of work or the original directive.

Written Directive Compliance Item: 5- Gutters were replaced by Taylormade gutters according to the Insurance scope of work.

Written Directive Compliance Item: 6- Gutters were replaced by Taylormade gutters according to the Insurance scope of work.

Written Directive Compliance Item: 16- H2.5 Connector was attached to installed rafters for support.

Written Directive Compliance Item: 19- Block retaining wall was reinforced to ensure no erosion.

Written Directive Compliance Item: 23- Sidewalk around the rear of the home was professionally poured and finished.

Written Directive Compliance Item: 25- Exterior walls of the pool enclosure were caulked and painted.

Written Directive Compliance Item: 27- Exterior walls of the pool enclosure were caulked and painted.

Written Directive Compliance Item: 28- Trim on the pool equipment enclosure was caulked and painted.

Written Directive Compliance Item: 30- Concrete staining on the masonry wall was painted over.

Written Directive Compliance Item: 31- Screws and nails that were penetrating the pool equipment ceiling enclosure were trimmed.

Written Directive Compliance Item: 32- Cement splatter on downspout near the sidewalk install was painted over.

Written Directive Compliance Item: 33- Correct downspout attachment was installed.

Written Directive Compliance Item: 36- Installed trim on the pool equipment enclosure metal roof to finish.

Written Directive Compliance Item: 38- Latch for pool equipment enclosure was redone and is fully operable.

Written Directive Compliance Item: 39- Secured the insulation placed in the pool equipment enclosure.

Written Directive Compliance Item: 44- Repaired and painted the patio ceiling deck.

https://mail.google.com/mail/b/AEoRXRSEl-HU7hYoNpEpO7vDjyKJoYJputZV6CyPE8DQ64z2okC3/u/0/?ik=581c53cf5c&view=pt&search=all&permms… 1/2 Received 7/17/24, 1:10 PM State of Arizona Mail - Written Answer to citation and complaint Case number 2023-11827 7/16/2024 Written Directive Compliance Item: 46- The deck support beams were painted to match. ROC Legal

Written Directive Compliance Item: 53- Installed handrail along retaining wall.

Written Directive Compliance Item: 54- Drywall was repaired and painted around the skylights in carport ceiling.

Written Directive Compliance Item: 59- Storm collar was custom made and installed over the boot to vent transition.

Written Directive Compliance Item: 62- A piece of flashing near the carport corner was painted.

If there are any further questions or concerns, Please reach out via email or phone 520-266-2028.

V/R, Dale Dickamore

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-- Whetstone Construction, LLC 5161 E Hereford Rd Hereford, AZ 85615 (520) 439-9399

https://mail.google.com/mail/b/AEoRXRSEl-HU7hYoNpEpO7vDjyKJoYJputZV6CyPE8DQ64z2okC3/u/0/?ik=581c53cf5c&view=pt&search=all&permms… 2/2 Received 7/16/2024 ROC Legal Received 7/16/2024 ROC Legal Received 7/16/2024 ROC Legal Received 7/16/2024 ROC Legal Received 7/16/2024 ROC Legal Received 7/16/2024 ROC Legal Received 7/16/2024 ROC Legal Received 7/16/2024 ROC Legal Complaint # 2023- 11827 P 1 JSI address: 1287 N Taboma Ln Date: 5-8-24 JSI PHOTOS Complaint # 2023- 11827 P 2 JSI address: 1287 N Taboma Ln Date: 5-8-24 JSI PHOTOS Complaint # 2023- 11827 P 3 JSI address: 1287 N Taboma Ln Date: 5-8-24 JSI PHOTOS Complaint # 2023- 11827 P 4 JSI address: 1287 N Taboma Ln Date: 5-8-24 JSI PHOTOS Complaint # 2023- 11827 P 5 JSI address: 1287 N Taboma Ln Date: 5-8-24 JSI PHOTOS Complaint # 2023- 11827 P 6 JSI address: 1287 N Taboma Ln Date: 5-8-24 JSI PHOTOS Complaint # 2023- 11827 P 7 JSI address: 1287 N Taboma Ln Date: 5-8-24 JSI PHOTOS Complaint # 2023- 11827 P 8 JSI address: 1287 N Taboma Ln Date: 5-8-24 JSI PHOTOS Complaint # 2023- 11827 P 9 JSI address: 1287 N Taboma Ln Date: 5-8-24 JSI PHOTOS Complaint # 2023- 11827 P 10 JSI address: 1287 N Taboma Ln Date: 5-8-24 JSI PHOTOS Complaint # 2023- 11827 P 11 JSI address: 1287 N Taboma Ln Date: 5-8-24 JSI PHOTOS Complaint # 2023- 11827 P 12 JSI address: 1287 N Taboma Ln Date: 5-8-24 JSI PHOTOS Complaint # 2023- 11827 P 13 JSI address: 1287 N Taboma Ln Date: 5-8-24 JSI PHOTOS Complaint # 2023- 11827 P 14 JSI address: 1287 N Taboma Ln Date: 5-8-24 JSI PHOTOS Complaint # 2023- 11827 P 15 JSI address: 1287 N Taboma Ln Date: 5-8-24 JSI PHOTOS Complaint # 2023- 11827 P 16 JSI address: 1287 N Taboma Ln Date: 5-8-24 JSI PHOTOS Complaint # 2023- 11827 P 17 JSI address: 1287 N Taboma Ln Date: 5-8-24 JSI PHOTOS Complaint # 2023- 11827 P 18 JSI address: 1287 N Taboma Ln Date: 5-8-24 JSI PHOTOS Complaint # 2023- 11827 P 19 JSI address: 1287 N Taboma Ln Date: 5-8-24 JSI PHOTOS Complaint # 2023- 11827 P 20 JSI address: 1287 N Taboma Ln Date: 5-8-24 JSI PHOTOS Complaint # 2023- 11827 P 21 JSI address: 1287 N Taboma Ln Date: 5-8-24 JSI PHOTOS Complaint # 2023- 11827 P 22 JSI address: 1287 N Taboma Ln Date: 5-8-24 JSI PHOTOS Complaint # 2023- 11827 P 23 JSI address: 1287 N Taboma Ln Date: 5-8-24 JSI PHOTOS Complaint # 2023- 11827 P 24 JSI address: 1287 N Taboma Ln Date: 5-8-24 JSI PHOTOS Complaint # 2023- 11827 P 25 JSI address: 1287 N Taboma Ln Date: 5-8-24 JSI PHOTOS Complaint # 2023- 11827 P 26 JSI address: 1287 N Taboma Ln Date: 5-8-24 JSI PHOTOS Complaint # 2023- 11827 P 27 JSI address: 1287 N Taboma Ln Date: 5-8-24 JSI PHOTOS Complaint # 2023- 11827 P 28 JSI address: 1287 N Taboma Ln Date: 5-8-24 JSI PHOTOS Complaint # 2023- 11827 P 29 JSI address: 1287 N Taboma Ln Date: 5-8-24 JSI PHOTOS Complaint # 2023- 11827 P 30 JSI address: 1287 N Taboma Ln Date: 5-8-24 JSI PHOTOS Complaint # 2023- 11827 P 31 JSI address: 1287 N Taboma Ln Date: 5-8-24 JSI PHOTOS Complaint # 2023- 11827 P 32 JSI address: 1287 N Taboma Ln Date: 5-8-24 JSI PHOTOS Complaint # 2023- 11827 P 33 JSI address: 1287 N Taboma Ln Date: 5-8-24 JSI PHOTOS Complaint # 2023- 11827 P 34 JSI address: 1287 N Taboma Ln Date: 5-8-24 JSI PHOTOS Complaint # 2023- 11827 P 35 JSI address: 1287 N Taboma Ln Date: 5-8-24 JSI PHOTOS Complaint # 2023- 11827 P 36 JSI address: 1287 N Taboma Ln Date: 5-8-24 JSI PHOTOS Complaint # 2023- 11827 P 37 JSI address: 1287 N Taboma Ln Date: 5-8-24 JSI PHOTOS Complaint # 2023- 11827 P 38 JSI address: 1287 N Taboma Ln Date: 5-8-24 JSI PHOTOS Complaint # 2023- 11827 P 39 JSI address: 1287 N Taboma Ln Date: 5-8-24 JSI PHOTOS Complaint # 2023- 11827 P 40 JSI address: 1287 N Taboma Ln Date: 5-8-24 JSI PHOTOS Complaint # 2023- 11827 P 41 JSI address: 1287 N Taboma Ln Date: 5-8-24 JSI PHOTOS Complaint # 2023- 11827 P 42 JSI address: 1287 N Taboma Ln Date: 5-8-24 JSI PHOTOS Complaint # 2023- 11827 P 43 JSI address: 1287 N Taboma Ln Date: 5-8-24 JSI PHOTOS Complaint # 2023- 11827 P 44 JSI address: 1287 N Taboma Ln Date: 5-8-24 JSI PHOTOS Complaint # 2023- 11827 P 45 JSI address: 1287 N Taboma Ln Date: 5-8-24 JSI PHOTOS Complaint # 2023- 11827 P 46 JSI address: 1287 N Taboma Ln Date: 5-8-24 JSI PHOTOS Complaint # 2023- 11827 P 1 JSI address: 1287 N Taboma Ln Date: 6-28-24 JSI PHOTOS Complaint # 2023- 11827 P 2 JSI address: 1287 N Taboma Ln Date: 6-28-24 JSI PHOTOS Complaint # 2023- 11827 P 3 JSI address: 1287 N Taboma Ln Date: 6-28-24 JSI PHOTOS Complaint # 2023- 11827 P 4 JSI address: 1287 N Taboma Ln Date: 6-28-24 JSI PHOTOS Complaint # 2023- 11827 P 5 JSI address: 1287 N Taboma Ln Date: 6-28-24 JSI PHOTOS Complaint # 2023- 11827 P 6 JSI address: 1287 N Taboma Ln Date: 6-28-24 JSI PHOTOS Complaint # 2023- 11827 P 7 JSI address: 1287 N Taboma Ln Date: 6-28-24 JSI PHOTOS 12/11/23, 10:30 AM State of Arizona Mail - Re: Complainant- Directive

Michael Springer <[email redacted]>

Re: Complainant- Directive messages

vladam11 <[email redacted]> Mon, Dec 11, 2023 at 10:14 AM To: Mike Springer <[email redacted]>

Sent from my Verizon, Samsung Galaxy Tablet Mr. Springer Am I the one who needs to call Mr. Dale to come and do the work that was in the directive, if so then I need to get that done please let me know. Thank You Happy Holidays

-------- Original message -------- From: Mike Springer <[email redacted]> Date: 12/5/23 3:52 PM (GMT-07:00) To: vladam11 <[email redacted]> Subject: Re: Complainant- Directive

Do not do it on the website, send me the list.

Mike Springer

Investigator #192

Arizona Registrar of Contractors

1700 west Washington, Ste, 105

Phoenix, AZ 85007

520-508-9735 – Mobile

520-628-6588 – Fax

Email: [email redacted]

The ROC is now on social media!

Make sure to follow us on:

facebook 4 twitter 2

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

doing and how we can better serve you!

cid:[email protected]

CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message.

https://mail.google.com/mail/u/0/?ik=6fc03499a2&view=pt&search=all&permthid=thread-a:r-[number redacted]&simpl=msg-f:[number redacted]… 1/5 12/11/23, 10:30 AM State of Arizona Mail - Re: Complainant- Directive

On Tue, Dec 5, 2023 at 3:49 PM vladam11 <[email redacted]> wrote: Mr Springer I just wanted to let you know I'm sorry I did not make it to Sierra Vista so I will probably on Friday give you that list that I want to add to the complaint then hopefully I'll be able to do it on the website we'll find out on Friday I just wanted to give you a heads up thank you I appreciate your help and happy holidays

Sent from my Verizon, Samsung Galaxy Tablet

-------- Original message -------- From: Mike Springer <[email redacted]> Date: 12/4/23 1:13 PM (GMT-07:00) To: vladam11 <[email redacted]> Subject: Re: Complainant- Directive

If you want to add items to THIS complaint, you can, all current items will be put on hold until the new items are looked at. Send me a list of items to add.

Mike Springer

Investigator #192

Arizona Registrar of Contractors

1700 west Washington, Ste, 105

Phoenix, AZ 85007

520-508-9735 – Mobile

520-628-6588 – Fax

Email: [email redacted]

The ROC is now on social media!

Make sure to follow us on:

facebook 4 twitter 2

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

doing and how we can better serve you!

cid:[email protected]

CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message.

https://mail.google.com/mail/u/0/?ik=6fc03499a2&view=pt&search=all&permthid=thread-a:r-[number redacted]&simpl=msg-f:[number redacted]… 2/5 12/11/23, 10:30 AM State of Arizona Mail - Re: Complainant- Directive

On Sun, Dec 3, 2023 at 11:43 PM vladam11 <[email redacted]> wrote: Dear Mr Springer does this mean that I am unable to add to my complaint the items that are listed in the house inspector report that I paid for? Thank you for your help I understand and will do all that is required of me. Please let me know if it is too late to add to my complaint for the USAA claim thank you

Sent from my Verizon, Samsung Galaxy Tablet

-------- Original message -------- From: Mike Springer <[email redacted]> Date: 11/29/23 4:46 PM (GMT-07:00) To: vladam11 <[email redacted]> Subject: Complainant- Directive

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

Additional Information:

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

Mike Springer

Investigator #192

Arizona Registrar of Contractors

1700 west Washington, Ste, 105

Phoenix, AZ 85007

520-508-9735 – Mobile

520-628-6588 – Fax

Email: [email redacted]

The ROC is now on social media!

Make sure to follow us on:

facebook 4 twitter 2

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

doing and how we can better serve you!

https://mail.google.com/mail/u/0/?ik=6fc03499a2&view=pt&search=all&permthid=thread-a:r-[number redacted]&simpl=msg-f:[number redacted]… 3/5 12/11/23, 10:30 AM State of Arizona Mail - Re: Complainant- Directive cid:[email protected]

CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message.

Mike Springer <[email redacted]> Mon, Dec 11, 2023 at 10:30 AM To: vladam11 <[email redacted]>

Because you have added items and an Addendum inspection is scheduled, the current directive is on hold. He can come work on the original items but he is not required to at this time. [Quoted text hidden] [Quoted text hidden]

Mike Springer <[email redacted]> Mon, Dec 11, 2023 at 10:30 AM Draft To: vladam11 <[email redacted]>

Mike Springer

Investigator #192

Arizona Registrar of Contractors

1700 west Washington, Ste, 105

Phoenix, AZ 85007

520-508-9735 – Mobile

520-628-6588 – Fax

Email: [email redacted]

The ROC is now on social media!

Make sure to follow us on:

facebook 4 twitter 2

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

doing and how we can better serve you!

cid:[email protected]

CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or https://mail.google.com/mail/u/0/?ik=6fc03499a2&view=pt&search=all&permthid=thread-a:r-[number redacted]&simpl=msg-f:[number redacted]… 4/5 12/11/23, 10:30 AM State of Arizona Mail - Re: Complainant- Directive distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message.

On Mon, Dec 11, 2023 at 10:14 AM vladam11 <[email redacted]> wrote: [Quoted text hidden]

https://mail.google.com/mail/u/0/?ik=6fc03499a2&view=pt&search=all&permthid=thread-a:r-[number redacted]&simpl=msg-f:[number redacted]… 5/5 3/7/24, 3:48 PM State of Arizona Mail - RE: Out Of Office RE: Complainant - Registrar Of Contractors Complaint

Michael Springer <[email redacted]>

RE: Out Of Office RE: Complainant - Registrar Of Contractors Complaint messages

vladam11 <[email redacted]> Fri, Mar 1, 2024 at 2:42 PM To: Mike Springer <[email redacted]>

Hello Mr. Springer, Hope your vacation was pleasant. I am checking in with you. I would appreciate it if you could send me a copy of what you have for the March meeting. I would like to be sure that it will have everything that needs addressing for that day. Thanks Have a Great Day

Sent from my Verizon, Samsung Galaxy Tablet

-------- Original message -------- From: Mike Springer <[email redacted]> Date: 2/4/24 6:16 PM (GMT-07:00) To: [email redacted] Subject: Out Of Office RE: Complainant - Registrar Of Contractors Complaint

I will be out of the office starting 1-31-24, I will be back in the office 2-20-24. If you need immediate assistance please call 877-692-9762

Mike Springer

Investigator #192

Arizona Registrar of Contractors

1700 west Washington, Ste, 105

Phoenix, AZ 85007

520-508-9735 – Mobile

520-628-6588 – Fax

Email: [email redacted]

The ROC is now on social media!

Make sure to follow us on:

facebook 4 twitter 2

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

doing and how we can better serve you!

cid:[email protected]

https://mail.google.com/mail/u/0/?ik=6fc03499a2&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 1/2 3/7/24, 3:48 PM State of Arizona Mail - RE: Out Of Office RE: Complainant - Registrar Of Contractors Complaint

CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message.

Mike Springer <[email redacted]> Thu, Mar 7, 2024 at 3:45 PM To: vladam11 <[email redacted]>

This is the current directive which has your items. Since you are adding additional items, I am cancelling the upcoming inspection. Please look through this list and your new items to ensure there are no duplicates. Once you have finished, send me the list and a new inspection date will be scheduled.

Please try and get this completed within the next 10 days, this complaint has sat for too long and needs to move forward. [Quoted text hidden] [Quoted text hidden]

20231128 Written Directive (Inspection)-2023-11827.pdf 170K

https://mail.google.com/mail/u/0/?ik=6fc03499a2&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 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