2023A-11870-CHC-ROC Notice of Hearing and Packet MAILED
2023A-11870-CHC-ROC · Registrar of Contractors · 2024-03-19
REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Georganna Tait , Case No. 2023-11870 COMPLAINANT, Docket No. 2023A-11870-CHC-ROC v. NOTICE OF HEARING ON CONTESTED CASE Matador Construction LLC License No. ROC 322090,
RESPONDENT.
This Notice of Hearing is issued under A.R.S. § 41-1092.05(D).
HEARING INFORMATION The hearing is set for:
May 6, 2024 9:00 AM Velva Moses-Thompson Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.
If you have requested to appear in-person at the hearing, the hearing will
be held at 1740 W Adams Street, Phoenix, AZ 85007.
You must attend this hearing. This is an adversarial hearing before an administrative law judge, and is conducted in a similar manner as judicial proceedings. Thus, you must be prepared to present evidence, including witness testimony and documents, in support of your case.
STATEMENT OF LEGAL AUTHORITY AND JURISDICTION The State of Arizona has determined that the licensing and regulation of construction contractors is a proper state function, and has vested authority in the Registrar of Contractors
to administer Title 32, Chapter 10 of the Arizona Revised Statutes. A.R.S. §§ 32-1101 et seq.
All hearings for alleged violations of Title 32, Chapter 10 are conducted under Title 41,
Chapter 6, Article 10. A.R.S. § 32-1156.
The statutes and rules governing the hearing can be found at: Arizona Revised Statutes §§ 41-1092 to -1092.12, and Arizona Administrative Code R2-19-101 to -122. PARTICULAR ARIZONA STATUTES AND RULES INVOLVED The statutes and rules the Respondent is alleged to have violated are cited in the complaint and citation, which were served on the Respondent on February 7, 2024.
SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED The complaint and citation allege that the Respondent committed the following act(s):
Charge: 1 A.R.S. § 32-1154(A)(3) - R4-9-108(a)
Charge: 2 A.R.S. § 32-1154(A)(22)
THE PARTIES TO THE ADMINISTRATIVE HEARING Because Respondent is a licensee and is charged with an act(s) or omission(s) that is
cause for the suspension or revocation of a license, Respondent is a party to this case and will
be a party to the hearing.
Because Complainant alleged Respondent committed an act(s) or omission(s) that is cause for the suspension or revocation of a license, Complainant is a party to this case and will be a party to the hearing. Respondent and Complainant, as the parties to the hearing, will present evidence and argument to the administrative law judge. The Registrar’s assigned investigator will appear as a witness at the hearing.
RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney. A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented
by an officer or employee if that person satisfies the conditions set forth in A.R.S. § 32-
1156(B).
CHANGE OF ADDRESS Each party must inform the Registrar and the Office of Administrative Hearings of
any change of address within five (5) days of the change. A.R.S. § 41-1092.04.
HEARING PROCEDURES AND RULES The administrative hearing will be conducted in accordance with A.R.S. §§ 41-1092
to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and processes governing the administrative hearing. Copies of the statutes, rules, and articles
regarding the administrative hearing process can be found at https://www.azoah.com/.
REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE
The Registrar’s investigators, employees, and attorneys will appear at the hearing via
video conference or telephone unless requested by a party to appear in-person. Requests for
the Registrar’s investigators, employees, or attorneys to appear in-person must be filed with the Registrar and the Office of Administrative Hearings no later than seven (7) calendar days prior to the hearing date.
HEARING PACKET In the interests of administrative efficiency, the Registrar compiles and discloses certain documents to the parties and the Office of Administrative Hearings. These documents are attached to this Notice of Hearing as the “Hearing Packet.” If any party wishes to submit additional evidence, they must do so during the hearing after completing a disclosure statement. See “Disclosure Statement” section below.
SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS The parties to the hearing must be prepared to present evidence in support of their case. If a party wants to obtain testimony from a witness or documents not in the party’s possession, the party must prepare and file a written subpoena for the Administrative Law Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com. The party seeking a subpoena must serve notice on all the parties to the hearing, and on the Registrar. A.R.S. § 41-1092.04.
DISCLOSURE STATEMENT At least seven calendar days before the hearing, each party must prepare and serve a
disclosure statement on all other parties, and file it with the Office of Administrative Hearings.
A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the
party will use at the hearing. A party’s failure to timely disclose any witness or exhibit, without good cause, may result in the administrative law judge excluding those witnesses or exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is available on the Registrar’s website at https://roc.az.gov/forms/RC-L-800A%20- %20Prehearing%20Disclosure%20Statement%2020191007v4.pdf
CHANGING THE HEARING DATE The date of the hearing may only be advanced or delayed on the agreement of the
parties or on a showing of good cause. A.R.S. § 41-1092.05(C). The date of the hearing may
be changed by filing a written agreement of the parties to change the date of the hearing. The
written agreement must be filed with the Office of Administrative Hearings, directed to the
assigned Administrative Law Judge, and transmitted to the Registrar and all other parties. The
assigned Administrative Law Judge may be found on the Office of Administrative Hearings’ web portal at www.azoah.com If a party would like to move the date of the hearing without agreement of all parties, the party must file a written motion with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmit a copy to the Registrar and all other parties.
The motion must state in detail good cause for why the date of the hearing should be advanced or delayed, and the position of all other parties regarding the advancement or delay. A party may also file a motion asserting a right to an expedited hearing upon a showing of extraordinary circumstances or the possibility of irreparable harm. A.R.S. § 41-1092.05(E).
RESOLUTION SHORT OF ADJUDICATION In any case which is resolved or settled by the parties, or which is withdrawn by the Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of the resolution or settlement. Any such cases will be listed on the Registrar’s website and its records under the category: “Closed Complaints – Resolved/Settled/Withdrawn.” Dated March 18, 2024.
By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail March 18, 2024 to: Respondent(s) Matador Construction LLC 3120 W Alvarado Rd Phoenix, AZ 85009
Andrew R. DiCarlo, Esq. 15029 N Thompson Peak Pkwy Ste B-111 #406 Scottsdale, AZ 85260
Complainant(s) Georganna Tait 7838 E. Mariposa Drive Scottsdale, AZ 85251
Copy sent electronically this same date to: Respondent at email address on record with the Registrar Respondent’s Attorney at email address of record with Registrar Complainant at email address on record with the Registrar
Case No. 2023-11870 /
Katie Hobbs, Governor Martin Quezada, Director
Hearing Packet FAQ What is the Hearing Packet?
The Hearing Packet is a packet of certain documents collected or issued by the Registrar over the course of its investigation.
Who gets the Hearing Packet?
The Hearing Packet is assembled and distributed to all parties and to the Office of Administrative Hearings (“OAH”) prior to an administrative hearing.
What types of cases does the Registrar prepare a Hearing Packet for?
The Registrar prepares a Hearing Packet for Complainant-Handled Cases and No-Pay Cases. Note: If the Docket Number on the Notice of Hearing contains a “CHC” or “NPC”, your case is a Complainant-Handled Case or a No-Pay Case.
What is in the Hearing Packet?
The Hearing Packet contains essential case-specific documents and at a minimum will include the following documents:
● Original complaint;
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ
Katie Hobbs, Governor Martin Quezada, Director
● Citation; and ● Answer.
The Hearing Packet will also contain the following documents (if applicable):
● Jobsite inspection notices, notes, and photos; ● Written directives; and ● Compliance inspection notices, notes, and photos.
What if there are documents missing from the Hearing Packet?
If there is any evidence you submitted to the Registrar that are not included in the Hearing Packet it is your responsibility to introduce that evidence at the administrative hearing. Note: The administrative law judge assigned to your case does not have access to the entire Registrar record.
If there is additional evidence you submitted to the Registrar during the investigation that you also want to introduce as evidence during your hearing, it is your responsibility to:
● Properly disclose that evidence to the other party; and ● Introduce the evidence during your hearing.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ
Katie Hobbs, Governor Martin Quezada, Director
How do I disclose evidence I intend to use at a Hearing?
You must properly disclose any and all documents and witnesses you intend to use at your hearing according to the Registrar’s Prehearing Disclosure Rules. See Arizona Administrative Code Section R4-9-118.
A sample prehearing disclosure form and instructions are provided to the parties by the Registrar.
How do I obtain documents I previously submitted to the Registrar?
If you previously submitted documents to the Registrar and need a copy of these documents, please contact the Registrar’s Legal Department or submit a public records request at https://roc.force.com/AZRoc/s/roc-public-request.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ
Complainant: Georganna Tait 7838 E. Mariposa Drive Scottsdale, AZ 85251
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: Matador Construction LLC 3120 W Alvarado Rd Phoenix, AZ 85009
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 27, 2023
Jobsite Inspection Notice Re: Complaint Number 2023-11870
Dear Complainant and Respondent:
A formal complaint has been filed with the Arizona Registrar of Contractors.
A jobsite inspection is scheduled for November 9, 2023 at 11:00 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.
COMPLAINANT: 1. Under A.R.S. § 32-1155(D)(1), the Respondent must be allowed, upon request, the opportunity to inspect the work complained of within fifteen (15) days of receiving this notice. If Respondent is not provided an opportunity to inspect the work within the fifteen (15) day time period, the Registrar may be prohibited from taking further action on this complaint. 2. The Registrar may also be precluded from taking further action on this complaint, if the work that is the subject of the complaint is subject to neglect, modification, or abnormal use. A.R.S. § 32-1155(D)(2) 3. You must provide safe access to any area to be inspected. If access to a roof or other elevated area is required, you must provide a means to safely access the area (ladder or manlift as appropriate). Additionally, please secure any animals.
RESPONDENT: 1. Enclosed is a copy of the complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity to inspect the work complained of within fifteen days of the date of receipt of this notice. 2. To assist the assigned investigator in evaluating the merits of the complaint, please submit a response to the enclosed complaint to the assigned investigator prior to the scheduled inspection. 3. If you do not attend the jobsite inspection, your absence may negatively impact the investigation, and your interests. 4. If a building permit(s) was required for this project, please have the building permit information available at the jobsite inspection.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 If either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time.
If the parties resolve the complaint prior to the inspection, please notify the assigned investigator in writing and by phone as soon as possible.
Sincerely, Daniel Edwards Daniel Edwards, Investigator #218 602 771 6788 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 A Guide to Jobsite Inspections
Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license alleging poor workmanship, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.
Jobsite Inspection Rights and Responsibilities Access to inspect: The property owner has complete control over who they allow on the property. However, if the Registrar’s investigator or the contractor cannot inspect the work, the Registrar will not move forward with a citation.
Cooperation: Arizona law enables injured parties to seek relief for damages through several paths. When dealing with a licensed contractor, the Registrar of Contractors’ administrative complaint process may serve as one of those possible paths. However, in order to use that path, the Registrar relies on the cooperation of all parties to a complaint.
Minimum workmanship: The Registrar investigates workmanship complaints for compliance with minimum workmanship and professional industry standards. The Registrar does not issue citations for work that meets these standards.
Scope: The scope of the Jobsite Inspection is limited to items listed in the complaint filed with the Registrar’s office. It is the complainant’s responsibility to point out the complaint item(s) and the Investigators role to review the item(s). If the complainant identifies additional workmanship items not listed in the original complaint, they must file an addendum to the complaint. The Registrar’s Investigator may identify additional administrative violations by the contractor (e.g. work performed out of scope of the license and failure to provide a contract that meets requirements set by Arizona law) at the time of the inspection.
The Role of the Investigator At the Jobsite Inspection, the Registrar’s investigator will: ● Only investigate the items listed on the complaint form filed with the Registrar. ● Will gather evidence to make an informed decision about the complaint items.
What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will leave the jobsite and review the evidence provided during the inspection. Generally, the investigator does not make any determination at the time of the jobsite inspection regarding whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.
Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 A Guide to Written Directives Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.
What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will determine whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.
Written Directives Access: In order to use the administrative process offered by the Registrar, a property owner must provide reasonable access to allow the contractor to fix their work as directed by the Registrar in a Written Directive. Complainants may not put any additional, unnecessary restrictions on the Respondent above and beyond the initial contract requirements agreed upon at the beginning of the project. Respondents are required to make repairs on items identified on any Written Directive, not otherwise restricted by local code or HOA limitations. Complainants must make access available to the Respondent to make the required repairs and failure to provide reasonable access may result in the Registrar dismissing the complaint.
Contractor obligations: The Written Directive will set a deadline for compliance. This is the period of time determined by the Investigator as necessary to complete the items listed in the Directive. ● The deadline for compliance assumes the contractor will promptly begin working on the items listed in the Directive. ● Do not wait. Both parties should communicate quickly to schedule the work.
Extensions: If good cause exists to extend this deadline, either party may submit a written request to the Investigator. The Registrar will review requests for extension and determine if the Directive should be extended.
Manner and method of performance: The Registrar does not provide specific instructions for how to correct poor work. A licensed contractor is expected to have the skill and professionalism to complete the work. Moreover, the complainant may not dictate the manner of repair. If the contractor fails to appropriately correct the work according to the contract, the Registrar will issue a citation.
Compliance Inspection: After the Written Directive expires, the Registrar’s Investigator will contact the complainant to determine if the contractor performed any corrective work. ● If the contractor did corrective work, the Investigator may schedule a Compliance Inspection to determine if the poor work is corrected. ● If the contractor did not perform any corrective work, the Registrar’s Investigator will not do a Compliance Inspection and will determine whether to issue a citation based on the administrative record.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Work performed after the directive ends: After the Directive period ends, a property owner may choose to allow the contractor to continue its work. The Registrar encourages parties to work cooperatively, but cannot require a homeowner to continue to allow a contractor access to the property after the Directive period ends in order for the administrative process to continue. Denying access after the Directive ends is not grounds to close or dismiss a complaint.
Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees
Person Filing Complaint Full Name (First Middle Last) Business Name (if a licensed contractor or supplier) ROC License Number(s) (if any)
Georganna Tait Mailing Address (Enter jobsite in Contract/Project section) City State Zip
7838 E. Mariposa Drive Scottsdale Arizona 85251 Phone Number Email
[number redacted] [email redacted] I consent to receive communications electronically in connection with this case Name of Attorney (if any)
Street Address of Attorney City State Zip
Phone Number of Attorney Email of Attorney
Contractor Information Name (as shown on contract/invoice) ROC License Number(s)
Matador Construction LLC ROC 322090 Street Address City State Zip
1302 W 23rd St Suite 11 Tempe Arizona 85282 Phone Number Email
602 558 0680 [email redacted] Name of Person(s) Representing License
Cindy Sugey Zarate Contract/Project Information Contract Date Contract Amount Amount Paid
July 13, 2023 $72,200.07 $16,829.28 Date Work Started Date Work Stopped Date Work Was Completed
July 17, 2023 October 12, 2023 Close of Escrow (New Home) Move-In Date (New-Home)
Jobsite Street Address City State Zip
7838 E. Mariposa Drive Scottsdale AZ 85251 Name of Construction Site Owner Construction Site Name (if applicable)
Patti Phone Number of Construction Site Owner Email of Construction Site Owner
[number redacted] [email redacted] This complaint is for Poor Work I have contacted the contractor by Phone/Text Have you filed a complaint in court? No
RCC099 12/05/18 Page 1 of 3 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees
Has any work been corrected? No
The contract was Written All change orders were Oral This project was Residential This project involved Repair
A building permit was obtained by N/A List and briefly describe each complaint item (Please do not write "see attached" or use additional pages unless necessary to further describe issues or list more complaint items) (limited to 100 characters per line)
Preparing home for construction in the middle of July with doors wide open and air set to 68 degrees.; Home appliances placed on patio in extreme heat, not covered or protected ; Two kitchen drawers not packed by packing company with personal property on patio and used as a trash container. ; Removed tile from the entire house without covering any closets or doors resulting tile dust coating all personal property. ; Did not wear shoes covers in only room of remaining carpet staining it with a black tar like substance.; Personal towels from linen closet used for construction cleanup. Found outside on ground. ; Paint lines bled into each other. I was told painting is complete.; Cabinet doors in hall only the faces are painted with primer. ; New tile has been chipped in several areas. ; Missing grout in new tile.; Uneven tiles. ; Original closet doors do not slide properly once rehung.; Cleaning personnel requested to clean master bath after the tile mishap. Left it a mess and broke the bulb off and left it in the light socket.; New cabinets arrived for dining room wrong size. ; New cabinets arrived for laundry room wrong size.; Door frame in laundry room cut in half to accommodate wrong size cabinets.; Walkway width in laundry room reduced to 34 inches due to oversized cabinets. ; Complete set of oversized cabinets in laundry room could not be installed because the attic crawl space entrance would be blocked. ; Laundry room cabinets with visible nicks and chip damage. ; Nails visible in kitchen ceiling drywall.; Hot water drainage pipe relocated to a lower position. More work needed to complete job but workers have left a wide open communication between the house and outside carport for several weeks making my home vulnerable to outside critters. ; Drywall separating above air register. ; Drywall repair workmanship unsatisfactory in bedroom window. ; Garbage disposal, faucet and accessories put outside without being properly covered and protected.; Hot Water Heater outside on patio not protected or covered.; Incorrect size cabinets in dining room to kitchen island would not provide a 36" clearance.; Window sill in dining room still old paint color after being told several times it was already repainted.
RCC099 12/05/18 Page 2 of 3 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees
Signature I declare under penalty of perjury that the information and documents contained on this Complaint Form, included with this complaint, or hereafter submitted in support of this complaint are true and accurate to the best of my knowledge. I will assist in the investigation or in the prosecution of the contractor or other parties, and will, if necessary, attend hearings and testify to facts. Printed Name Signature Date
Georganna Tait \complainant1\ \complainantd1\
RCC099 12/05/18 Page 3 of 3 Daniel Edwards <[email redacted]>
Daniel Edwards has shared a file "20231027 Jobsite Inspection Notice 2023- 11870.pdf" with you Patti Tait <[email redacted]> Mon, Oct 30, 2023 at 4:07 PM To: Daniel Edwards <[email redacted]>
>>
Daniel,
Here are the additional items I would like to add to the original ROC complaint and be addressed during the inspection with the ROC and Matador Construction on my home.
1. Dining room upper cabinets are not centered on the wall. 2. Dining room lower cabinets were to be china/bar cabinet depth of inches. 3. All cabinets to have crown molding - does not look like that was accounted for. 4. All cabinets need to have cabinet pulls. 5. Side pieces to fill in wall space on upper cabinets in the dining room are not cut properly. 6. Under cabinets in bathrooms missing grout. 7. Closet doors do not fully close properly due to new baseboards. 8. Paint on carport floor and walls. 9. Cement on entry way tile. 10. Questionable drawer depths on the new cabinet drawers. 11. Painting around new Can lights is unacceptable. Unsure if the entire ceiling has been painted. 12. Pony wall in kitchen too tall to install countertops. 13. Missed painting frame around frosted glass in entry hall. 14. Carpet in master bedroom not tacked down. 15. New pantry cabinets - still in boxes. Unsure of depth of cabinets. Wall only 20 inches. 16. Damage to front door frame, not painted. Areas throughout the entire construction project with paint discrepancies. 17. Light switches installed in the wrong order in Kitchen. 18. New tile with dirty grout and unknown substance on tile. 19. New Cabinets with paint chips. 20. Missing two electrical outlets in china/bar area. 21. Laundry room tile to be repaired with existing old tile. There were only 5 pieces of old tile and was told there was not enough to complete the job. Broken tile in laundry room filled in with grout. I talked to Ruben about this on 10/10/23. I went into my house on 10/11 and the old tile was torn up in a pile in the corner. I never approved this nor was there any talk purchasing more tile or making sure it was still available.
Thank you, let me know if I need to provide any further information. Patti Tait Complainant: Georganna Tait 7838 E. Mariposa Drive Scottsdale, AZ 85251
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: Matador Construction LLC 3120 W Alvarado Rd Phoenix, AZ 85009
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 04/21 November 2, 2023
Re: Complaint No. 2023-11870
Dear Complainant and Respondent:
After the initial filing of the complaint 2023-11870, the Complainant filed the attached amended complaint containing additional complaint items.
A jobsite inspection is scheduled November 9, 2023 at 11:00 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 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,
Daniel Edwards Daniel Edwards, Investigator #218 602 771 6788 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 04/21 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees
Person Filing Complaint Full Name (First Middle Last) Business Name (if a licensed contractor or supplier) ROC License Number(s) (if any)
Georganna Tait Mailing Address (Enter jobsite in Contract/Project section) City State Zip
7838 E. Mariposa Drive Scottsdale Arizona 85251 Phone Number Email
[number redacted] [email redacted] I consent to receive communications electronically in connection with this case Name of Attorney (if any)
Street Address of Attorney City State Zip
Phone Number of Attorney Email of Attorney
Contractor Information Name (as shown on contract/invoice) ROC License Number(s)
Matador Construction LLC ROC 322090 Street Address City State Zip
1302 W 23rd St Suite 11 Tempe Arizona 85282 Phone Number Email
602 558 0680 [email redacted] Name of Person(s) Representing License
Cindy Sugey Zarate Contract/Project Information Contract Date Contract Amount Amount Paid
July 13, 2023 $72,200.07 $16,829.28 Date Work Started Date Work Stopped Date Work Was Completed
July 17, 2023 October 12, 2023 Close of Escrow (New Home) Move-In Date (New-Home)
Jobsite Street Address City State Zip
7838 E. Mariposa Drive Scottsdale AZ 85251 Name of Construction Site Owner Construction Site Name (if applicable)
Patti Phone Number of Construction Site Owner Email of Construction Site Owner
[number redacted] [email redacted] This complaint is for Poor Work I have contacted the contractor by Phone/Text Have you filed a complaint in court? No
RCC099 12/05/18 Page 1 of 3 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees
Has any work been corrected? No
The contract was Written All change orders were Oral This project was Residential This project involved Repair
A building permit was obtained by N/A List and briefly describe each complaint item (Please do not write "see attached" or use additional pages unless necessary to further describe issues or list more complaint items) (limited to 100 characters per line)
Preparing home for construction in the middle of July with doors wide open and air set to 68 degrees.; Home appliances placed on patio in extreme heat, not covered or protected ; Two kitchen drawers not packed by packing company with personal property on patio and used as a trash container. ; Removed tile from the entire house without covering any closets or doors resulting tile dust coating all personal property. ; Did not wear shoes covers in only room of remaining carpet staining it with a black tar like substance.; Personal towels from linen closet used for construction cleanup. Found outside on ground. ; Paint lines bled into each other. I was told painting is complete.; Cabinet doors in hall only the faces are painted with primer. ; New tile has been chipped in several areas. ; Missing grout in new tile.; Uneven tiles. ; Original closet doors do not slide properly once rehung.; Cleaning personnel requested to clean master bath after the tile mishap. Left it a mess and broke the bulb off and left it in the light socket.; New cabinets arrived for dining room wrong size. ; New cabinets arrived for laundry room wrong size.; Door frame in laundry room cut in half to accommodate wrong size cabinets.; Walkway width in laundry room reduced to 34 inches due to oversized cabinets. ; Complete set of oversized cabinets in laundry room could not be installed because the attic crawl space entrance would be blocked. ; Laundry room cabinets with visible nicks and chip damage. ; Nails visible in kitchen ceiling drywall.; Hot water drainage pipe relocated to a lower position. More work needed to complete job but workers have left a wide open communication between the house and outside carport for several weeks making my home vulnerable to outside critters. ; Drywall separating above air register. ; Drywall repair workmanship unsatisfactory in bedroom window. ; Garbage disposal, faucet and accessories put outside without being properly covered and protected.; Hot Water Heater outside on patio not protected or covered.; Incorrect size cabinets in dining room to kitchen island would not provide a 36" clearance.; Window sill in dining room still old paint color after being told several times it was already repainted.
RCC099 12/05/18 Page 2 of 3 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees
Signature I declare under penalty of perjury that the information and documents contained on this Complaint Form, included with this complaint, or hereafter submitted in support of this complaint are true and accurate to the best of my knowledge. I will assist in the investigation or in the prosecution of the contractor or other parties, and will, if necessary, attend hearings and testify to facts. Printed Name Signature Date
Georganna Tait \complainant1\ \complainantd1\
RCC099 12/05/18 Page 3 of 3 Daniel Edwards <[email redacted]>
Daniel Edwards has shared a file "20231027 Jobsite Inspection Notice 2023- 11870.pdf" with you Patti Tait <[email redacted]> Mon, Oct 30, 2023 at 4:07 PM To: Daniel Edwards <[email redacted]>
>>
Daniel,
Here are the additional items I would like to add to the original ROC complaint and be addressed during the inspection with the ROC and Matador Construction on my home.
1. Dining room upper cabinets are not centered on the wall. 2. Dining room lower cabinets were to be china/bar cabinet depth of inches. 3. All cabinets to have crown molding - does not look like that was accounted for. 4. All cabinets need to have cabinet pulls. 5. Side pieces to fill in wall space on upper cabinets in the dining room are not cut properly. 6. Under cabinets in bathrooms missing grout. 7. Closet doors do not fully close properly due to new baseboards. 8. Paint on carport floor and walls. 9. Cement on entry way tile. 10. Questionable drawer depths on the new cabinet drawers. 11. Painting around new Can lights is unacceptable. Unsure if the entire ceiling has been painted. 12. Pony wall in kitchen too tall to install countertops. 13. Missed painting frame around frosted glass in entry hall. 14. Carpet in master bedroom not tacked down. 15. New pantry cabinets - still in boxes. Unsure of depth of cabinets. Wall only 20 inches. 16. Damage to front door frame, not painted. Areas throughout the entire construction project with paint discrepancies. 17. Light switches installed in the wrong order in Kitchen. 18. New tile with dirty grout and unknown substance on tile. 19. New Cabinets with paint chips. 20. Missing two electrical outlets in china/bar area. 21. Laundry room tile to be repaired with existing old tile. There were only 5 pieces of old tile and was told there was not enough to complete the job. Broken tile in laundry room filled in with grout. I talked to Ruben about this on 10/10/23. I went into my house on 10/11 and the old tile was torn up in a pile in the corner. I never approved this nor was there any talk purchasing more tile or making sure it was still available.
Thank you, let me know if I need to provide any further information. Patti Tait JSI PHOTOS
Various items and appliances are being stored on the back patio, parties dispute which company moved many of these items outside JSI PHOTOS
Various items and appliances are being stored on the back patio, parties dispute which company moved many of these items outside JSI PHOTOS
Carpet appears dirty at east hallway transition JSI PHOTOS
Paint bleed at baseboards JSI PHOTOS
Paint bleed at baseboards JSI PHOTOS
Paint bleed at door frames JSI PHOTOS
Paint touch ups needed around doorbell JSI PHOTOS
New drywall texture and paint above kitchen does not meet standards JSI PHOTOS
New drywall texture and paint above kitchen does not meet standards JSI PHOTOS
Paint bleed at door trim JSI PHOTOS
Cabinet door paint incomplete JSI PHOTOS
Cabinet door paint incomplete JSI PHOTOS
Chipped tile, grouted JSI PHOTOS
Chipped tile JSI PHOTOS
Chipped tile, grouted JSI PHOTOS
Replacement tiles are not grouted JSI PHOTOS
Void in the grout at baseboards JSI PHOTOS
Lacking grout at toe kick in bathroom JSI PHOTOS
Tile lippage at replacement tiles, entryway JSI PHOTOS
Tile lippage, entryway JSI PHOTOS
Tile lippage, entryway/hallway JSI PHOTOS
Tile lippage, entryway/hallway JSI PHOTOS
Tile lippage, kitchen JSI PHOTOS
Tile lippage, kitchen JSI PHOTOS
Tile lippage, kitchen JSI PHOTOS
Slider door track, extends to baseboards. Small gaps present when closet doors are shut. This appears to be a pre-existing condition. JSI PHOTOS
Kitchen cabinets. Complainant contends they are the wrong size. JSI PHOTOS
Kitchen cabinets. Complainant contends they are the wrong size. JSI PHOTOS
Laundry room cabinets appear to be oversized, cannot install remainder without relocating attic access scuttle JSI PHOTOS
Footprint of prior cabinets is visible, new cabinets appear over sized JSI PHOTOS
Large filler piece at laundry room door. Laundry room door trim has been cut to accommodate larger cabinets. JSI PHOTOS
Minor dings in cabinet doors JSI PHOTOS
Nail pops, kitchen ceiling drywall JSI PHOTOS
Opening between laundry room and exterior carport JSI PHOTOS
Opening between laundry room and exterior carport JSI PHOTOS
Minor separation at drywall above AC register JSI PHOTOS
Drywall cracks at window frame JSI PHOTOS
Inadequate paint coverage and paint bleed
Paint issues at window frame JSI PHOTOS JSI PHOTOS JSI PHOTOS JSI PHOTOS
Cementitious materials on concrete driveway JSI PHOTOS
Leftover mortar and grout JSI PHOTOS
Paint/cement droplets on carport wall JSI PHOTOS
Cementitious material on front entryway tile JSI PHOTOS
Drywall trowel marks and small gaps around lights JSI PHOTOS
Drywall mud/paint around light fixture JSI PHOTOS
Space between west wall and north wall to backyard is approx.. 20”, cabinets are to be installed in this area JSI PHOTOS
Door frame dents/scratches JSI PHOTOS
Paint overspray and scratches on strike plate JSI PHOTOS
Light switches next to laundry room door JSI PHOTOS
Laundry room walkway has been reduced. Tile was also demo’d by respondent. JSI PHOTOS
Laundry room tile demo’d Jobsite Inspection Notes
Case No.: 2023-11870 Investigator: Daniel Edwards Inspection Date: November 9, 2023 Inspection Time: 11:00 AM
Complainant: Georganna Tait Respondent: Matador Not Present: Construction LLC Not Present:
Jobsite General Notes:
Present at inspection was Georganna Tait (complainant). Present for respondent was Cynthia Zarate and Ruben Cossio. Also present was Rob Hart of RMP Construction, who has been hired by the complainant in the capacity of a consultant/advocate. Photos taken with Canon ELPH digital camera and/or state-issued Google Pixel cell phone camera. Audio recorded with Olympus DM-720 digital voice recorder. Labelled photos included in case attachments labelled "20231109 JSI Photos 2023-11870."
Complaint Item: 1 - Preparing home for construction in the middle of July with doors wide open and air set to 68 degrees Investigator’s Observation: Allegation does not reference a workmanship issue within ROC jurisdiction. Governing Rule: N/A
Complaint Item: 2 - Home appliances placed on patio in extreme heat, not covered or protected Investigator’s Observation: Parties dispute which company moved numerous items and appliances out to the back patio (multiple contractors have been working in the home, demo/mitigation/restoration project). There is currently insufficient evidence to verify which company may have placed the
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
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appliances on the patio or whether any appliances have been damaged. Governing Rule: N/A
Complaint Item: 3 - Two kitchen drawers not packed by packing company with personal property on patio and used as a trash container Investigator’s Observation: Parties dispute what company moved numerous items and appliances out to the back patio (multiple contractors have been working in the home, demo/mitigation/restoration project). There is currently insufficient evidence to verify which company may have placed the items on the patio. Personal property damage would need to be addressed in another venue. Governing Rule: N/A
Complaint Item: 4 - Removed tile from the entire house without covering any closets or doors resulting tile dust coating all personal property Investigator’s Observation: Allegation does not reference a workmanship issue within ROC jurisdiction. Personal property damage would need to be addressed in another venue. Governing Rule: N/A
Complaint Item: 5 - Did not wear shoes covers in only room of remaining carpet staining it with a black tar like substance Investigator’s Observation: Carpet was observed to have a stain in the area pointed out by the complainant, however, at this time there is insufficient evidence to verify that this has been caused by respondent. Governing Rule: N/A
Complaint Item: 6 - Personal towels from linen closet used for construction cleanup. Found outside on ground Investigator’s Observation: Allegation does not reference a workmanship issue within ROC jurisdiction. Personal property damage would need to be
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addressed in another venue. Governing Rule: N/A
Complaint Item: 7 - Paint lines bled into each other. I was told painting is complete Investigator’s Observation: Paint bleed was observed between the walls, baseboards and door trim in multiple rooms and hallways. Respondent acknowledges this is to be corrected as part of the final touch ups for this project. Respondent shall ensure touch ups are completed by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 8 - Cabinet doors in hall only the faces are painted with primer Investigator’s Observation: Painting of the cabinet doors does not appear to be completed, as described. Respondent shall ensure cabinets are painted per contract by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 9 - New tile has been chipped in several areas Investigator’s Observation: Complainant pointed out multiple marked tiles throughout the kitchen and living area which are chipped on the surface or at the edges. Many chips at the edges of the tile have been grouted and the tiles appear to have been installed in this condition. Per the relevant TCNA standards for chips, “When visually inspecting finished ceramic, stone, and glass tile installations, do so without magnification under the permanent intended lighting (artificial and/or natural) and without the use of additional lighting such as flashlight, spotlights, or temporary lights.
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View the installation 36” from walls and 60” or normal standing height from floors. Recognizing the hand-built aspect of tile installations, any aesthetic concerns not visible at these distances (but apparent at closer distances) are acceptable.”
Respondent shall ensure all chipped tiles outside of the standards noted above are corrected by appropriate means. Complainant and respondent will need to cooperate in identifying chipped tiles requiring correction per this standard. 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: 10 - Missing grout in new tile Investigator’s Observation: Tile grout is not finished. Respondent shall ensure all tile grout is completed per contract by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 11 - Uneven tiles Investigator’s Observation: Tiles are large format porcelain plank-style tiles with grout joints <1/4". Allowable lippage for this installation is no more than 1/32" between adjacent tiles. Complainant pointed out a multitube of tiles at the entryway, hallway, kitchen and living room areas where lippage exceeds the allowable tolerance. Respondent shall correct all tiles outside of allowable tolerances by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 12 - Original closet doors do not slide properly once rehung Investigator’s Observation: Closet doors have a small gap on either side when fully closed due to the baseboards. The slider track for the closet door 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
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appears to be in original condition and this appears to be a pre-existing condition. Unable to substantiate a violation. Governing Rule: N/A
Complaint Item: 13 - Cleaning personnel requested to clean master bath after the tile mishap. Left it a mess and broke the bulb off and left it in the light socket Investigator’s Observation: There is currently insufficient evidence to verify that the light bulb was broken by respondent. Personal property damage would need to be addressed in another venue. Governing Rule: N/A
Complaint Item: 14 - New cabinets arrived for dining room wrong size Investigator’s Observation: Lower cabinets in the dining room measure 24" in depth and stick out past the partition between the dining room and the kitchen. Additionally, this has reduced the width of the walkway from the kitchen island into the living room and it does not appear that this walkway will comply with egress requirements once the countertop is installed. No evidence on file shows that the complainant provided any measurements or signed off on the measurements for the cabinets ordered, and all measurements appear to have been taken by the respondent. Respondent shall correct the depth of the dining room lower cabinets by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 15 - New cabinets arrived for laundry room wrong size Investigator’s Observation: Laundry room cabinets appear to be deeper than the original cabinets as evidenced by the footprint of the prior cabinets. This is causing issues and the remainder of the cabinets purchased cannot be installed without relocating the attic access scuttle and the laundry room hallway has been reduced. No evidence on file shows that the complainant provided any measurements or signed off on the measurements for the cabinets ordered, and all 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
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measurements appear to have been taken by the respondent. Respondent shall correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 16 - Door frame in laundry room cut in half to accommodate wrong size cabinets Investigator’s Observation: Substantiated, this work does not meet standards. Respondent shall correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 17 - Walkway width in laundry room reduced to 34 inches due to oversized cabinets Investigator’s Observation: This issue is a duplicate of issues addressed in compliance item no. 15. Governing Rule: N/A
Complaint Item: 18 - Complete set of oversized cabinets in laundry room could not be installed because the attic crawl space entrance would be blocked Investigator’s Observation: Allegation is a duplicate of issues addressed in compliance item no. 15. Governing Rule: N/A
Complaint Item: 19 - Laundry room cabinets with visible nicks and chip damage Investigator’s Observation: Chips were observed as described. Project is unfinished and chips are present prior to any walkthru. Respondent shall correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar;
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Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 20 - Nails visible in kitchen ceiling drywall Investigator’s Observation: Some drywall nail pops are visible in the kitchen ceiling. Project is incomplete and touch ups are needed. Respondent shall ensure all nail pops are corrected by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 21 - Hot water drainage pipe relocated to a lower position. More work needed to complete job but workers have left a wide open communication between the house and outside carport for several weeks making my home vulnerable to outside critters Investigator’s Observation: There is a large hole at the wall between the laundry room and exterior car port which should be sealed as needed by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 22 - Drywall separating above air register Investigator’s Observation: A small separation was observed in the area described. Project is incomplete and touch ups are needed. Respondent shall ensure all nail pops are corrected by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 23 - Drywall repair workmanship unsatisfactory in bedroom window
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Investigator’s Observation: Drywall repair at bedroom window is beginning to crack. Project is incomplete and touch ups are needed. Respondent shall ensure all nail pops are corrected by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 24 - Garbage disposal, faucet and accessories put outside without being properly covered and protected Investigator’s Observation: Parties dispute which company moved numerous items and appliances out to the back patio (multiple contractors have been working in the home, demo/mitigation/restoration project). There is currently insufficient evidence to verify which company may have placed the appliances on the patio or whether any appliances have been damaged. Governing Rule: N/A
Complaint Item: 25 - Hot Water Heater outside on patio not protected or covered Investigator’s Observation: Parties dispute which company moved numerous items and appliances out to the back patio (multiple contractors have been working in the home, demo/mitigation/restoration project). There is currently insufficient evidence to verify which company may have placed the appliances on the patio or whether any appliances have been damaged. Governing Rule: N/A
Complaint Item: 26 - Incorrect size cabinets in dining room to kitchen island would not provide a 36" clearance Investigator’s Observation: Allegation is a duplicate of issues addressed in compliance item no. 14. Governing Rule: N/A
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
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Complaint Item: 27 - Window sill in dining room still old paint color after being told several times it was already repainted Investigator’s Observation: Window sill at the dining room does appear to be a different color than the remainder of the home, presumably the original color. Respondent shall correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 28 - Dining room upper cabinets are not centered on the wall Investigator’s Observation: Filler pieces at the right side of the kitchen uppers measures 2"; filler at the left side measures 2.5". This is a minor discrepancy and I am unable to conclude this violates the terms of the agreement or any standards of workmanship enforced by the Registrar. Governing Rule:
Complaint Item: 29 - Dining room lower cabinets were to be china/bar cabinet depth of 18 inches Investigator’s Observation: Allegation is a duplicate of issues addressed in compliance item no. 14. Governing Rule: N/A
Complaint Item: 30 - All cabinets to have crown molding - does not look like that was accounted for. Investigator’s Observation: Most recent contracted scope of work (insurance scope w/ supplement) appears to include the line items "36. R&R Crown molding - 4 1/4" and "37. Paint crown molding, oversized - one coat." No crown molding appears to have been installed. Respondent shall complete scope per contract by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
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Complaint Item: 31 - All cabinets need to have cabinet pulls Investigator’s Observation: None of the documents related to the cabinets or contracted scope of work appear to make reference to any cabinet hardware. There is currently insufficient evidence to substantiate a violation. Governing Rule: N/A
Complaint Item: 32 - Side pieces to fill in wall space on upper cabinets in the dining room are not cut properly Investigator’s Observation: Work appears to meet the minimum standards enforced by the Registrar. Governing Rule: N/A
Complaint Item: 33 - Under cabinets in bathrooms missing grout Investigator’s Observation: Toe kick at bathroom has a void between the tiles and toe kick. Respondent shall correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 34 - Closet doors do not fully close properly due to new baseboards Investigator’s Observation: Allegation is a duplicate of issues addressed in compliance item no. 12 Governing Rule: N/A
Complaint Item: 35 - Paint on carport floor and walls Investigator’s Observation: A substance which appears to be either cementitious tile materials (such as mortar) or paint is present on the carport siding and concrete floor. Respondent shall correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
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Complaint Item: 36 - Cement on entry way tile Investigator’s Observation: Cementitious material is present on the tile at the front entryway. Respondent shall correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 37 - Questionable drawer depths on the new cabinet drawers Investigator’s Observation: Unable to substantiate an issue with drawer depths as described. Other issues with cabinets are addressed in separate allegations. Governing Rule: N/A
Complaint Item: 38 - Painting around new Can lights is unacceptable. Unsure if the entire ceiling has been painted Investigator’s Observation: Can lights in the kitchen were observed to have gaps between the fixtures and ceiling, and some lights have either drywall mud or paint on the light surface. Respondent shall correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 39 - Pony wall in kitchen too tall to install countertops Investigator’s Observation: Complainant has concerns over the height of the pony wall at the east side of the kitchen island. Work is incomplete and I am unable to verify whether this will cause an issue once the work is completed. Governing Rule: N/A
Complaint Item: 40 - Missed painting frame around frosted glass in entry hall Investigator’s Observation: Frame does not appear to be the same color as the surrounding areas. Respondent shall correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
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Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 41 - Carpet in master bedroom not tacked down Investigator’s Observation: Carpet appears to have been pulled up to install new floor tile and should be resecured as needed by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 42 - New pantry cabinets - still in boxes. Unsure of depth of cabinets. Wall only 20 inches Investigator’s Observation: Respondent shall ensure that the pantry cabinet installation is completed per contract by appropriate means. Respondent will need to ensure installation complies with any relevant building codes including egress requirements. 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: 43 - Damage to front door frame, not painted. Areas throughout the entire construction project with paint discrepancies Investigator’s Observation: Front door trim has dings/scratches which should be corrected by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 44 - Light switches installed in the wrong order in Kitchen Investigator’s Observation: None of the contract documents appear to provide information that would verify the light switches were to be installed in a
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different configuration. Unable to substantiate a violation. Governing Rule: N/A
Complaint Item: 45 - New tile with dirty grout and unknown substance on tile Investigator’s Observation: Tile at the north end of the kitchen/near the backdoor has a substance on the surface which should be corrected by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 46 - New Cabinets with paint chips Investigator’s Observation: Allegation is a duplicate of issues addressed in compliance item no. 19. Governing Rule:
Complaint Item: 47 - Missing two electrical outlets in china/bar area Investigator’s Observation: Project is a work in progress, and work is incomplete. Respondent shall complete installation of electrical outlets, per contract, by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 48 - Laundry room tile to be repaired with existing old tile. There were only 5 pieces of old tile and was told there was not enough to complete the job. Broken tile in laundry room filled in with grout. I talked to Ruben about this on 10/10/23. I went into my house on 10/11 and the old tile was torn up in a pile in the corner. I never approved this nor was there any talk purchasing more tile or making sure it was still available. Investigator’s Observation: Parties appear to have exchanged text messages regarding removing the pre-existing tile in the laundry room and
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installing additional tile to match the rest of the new tile in the home, however, no formal written agreement appears to have been agreed upon regarding completing this scope of work. Parties are in disagreement as to how to move forward. This is ultimately a contractual dispute and not a workmanship issue within ROC jurisdiction. Governing Rule: N/A
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Complainant: Georganna Tait 7838 E. Mariposa Drive Scottsdale, AZ 85251
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: Matador Construction LLC 3120 W Alvarado Rd Phoenix, AZ 85009
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 30, 2023
License No. ROC 322090
Re:Complaint No. 2023-11870
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 29, 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: 7 - Paint lines bled into each other. I was told painting is complete Investigator’s Observation: Paint bleed was observed between the walls, baseboards and door trim in multiple rooms and hallways. Respondent acknowledges this is to be corrected as part of the final touch ups for this project. Respondent shall ensure touch ups are completed by 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 04/21 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 8 - Cabinet doors in hall only the faces are painted with primer Investigator’s Observation: Painting of the cabinet doors does not appear to be completed, as described. Respondent shall ensure cabinets are painted per contract by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 9 - New tile has been chipped in several areas Investigator’s Observation: Complainant pointed out multiple marked tiles throughout the kitchen and living area which are chipped on the surface or at the edges. Many chips at the edges of the tile have been grouted and the tiles appear to have been installed in this condition. Per the relevant TCNA standards for chips, “When visually inspecting finished ceramic, stone, and glass tile installations, do so without magnification under the permanent intended lighting (artificial and/or natural) and without the use of additional lighting such as flashlight, spotlights, or temporary lights. View the installation 36” from walls and 60” or normal standing height from floors. Recognizing the hand-built aspect of tile installations, any aesthetic concerns not visible at these distances (but apparent at closer distances) are acceptable.”
Respondent shall ensure all chipped tiles outside of the standards noted above are corrected by appropriate means. Complainant and respondent will need to
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 cooperate in identifying chipped tiles requiring correction per this standard. 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: 10 - Missing grout in new tile Investigator’s Observation: Tile grout is not finished. Respondent shall ensure all tile grout is completed per contract by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 11 - Uneven tiles Investigator’s Observation: Tiles are large format porcelain plank-style tiles with grout joints <1/4". Allowable lippage for this installation is no more than 1/32" between adjacent tiles. Complainant pointed out a multitude of tiles at the entryway, hallway, kitchen and living room areas where lippage exceeds the allowable tolerance. Respondent shall correct all tiles outside of allowable tolerances by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 14 - New cabinets arrived for dining room wrong size Investigator’s Observation: Lower cabinets in the dining room measure 24" in depth and stick out past the partition between the dining room and the kitchen. Additionally, this has reduced the width of the walkway from the kitchen island into the living room and it does not appear that this walkway will comply with egress requirements once the countertop is installed. No evidence on file shows that the complainant provided any measurements or signed off
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 on the measurements for the cabinets ordered, and all measurements appear to have been taken by the respondent. Respondent shall correct the depth of the dining room lower cabinets by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 15 - New cabinets arrived for laundry room wrong size Investigator’s Observation: Laundry room cabinets appear to be deeper than the original cabinets as evidenced by the footprint of the prior cabinets. This is causing issues and the remainder of the cabinets purchased cannot be installed without relocating the attic access scuttle and the laundry room hallway has been reduced. No evidence on file shows that the complainant provided any measurements or signed off on the measurements for the cabinets ordered, and all measurements appear to have been taken by the respondent. Respondent shall correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 16 - Door frame in laundry room cut in half to accommodate wrong size cabinets Investigator’s Observation: Substantiated, this work does not meet standards. This work appears to have been performed to accommodate the depth of the cabinets relevant to compliance item no. 15. Respondent shall correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Compliance Item: 19 - Laundry room cabinets with visible nicks and chip damage Investigator’s Observation: Chips were observed as described. Project is unfinished and chips are present prior to any walkthru. Respondent shall correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 20 - Nails visible in kitchen ceiling drywall Investigator’s Observation: Some drywall nail pops are visible in the kitchen ceiling. Project is incomplete and touch ups are needed. Respondent shall ensure all nail pops are corrected by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 21 - Hot water drainage pipe relocated to a lower position. More work needed to complete job but workers have left a wide open communication between the house and outside carport for several weeks making my home vulnerable to outside critters Investigator’s Observation: There is a large hole at the wall between the laundry room and exterior car port which should be sealed as needed by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 22 - Drywall separating above air register Investigator’s Observation: A small separation was observed in the area
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 described. Project is incomplete and touch ups are needed. Respondent shall ensure all nail pops are corrected by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 23 - Drywall repair workmanship unsatisfactory in bedroom window Investigator’s Observation: Drywall repair at bedroom window is beginning to crack. Project is incomplete and touch ups are needed. Respondent shall ensure all nail pops are corrected by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 27 - Window sill in dining room still old paint color after being told several times it was already repainted Investigator’s Observation: Window sill at the dining room does appear to be a different color than the remainder of the home, presumably the original color. Respondent shall correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 30 - All cabinets to have crown molding - does not look like that was accounted for. Investigator’s Observation: Most recent contracted scope of work (insurance scope w/ supplement) appears to include the line items "36. R&R Crown molding - 4 1/4" and "37. Paint crown molding, oversized - one coat." No crown molding appears to have been installed. Respondent shall complete
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 scope per contract by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 33 - Under cabinets in bathrooms missing grout Investigator’s Observation: Toe kick at bathroom has a void between the tiles and toe kick. Respondent shall correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 35 - Paint on carport floor and walls Investigator’s Observation: A substance which appears to be either cementitious tile materials (such as mortar) or paint is present on the carport siding and concrete floor. Respondent shall correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 36 - Cement on entry way tile Investigator’s Observation: Cementitious material is present on the tile at the front entryway. Respondent shall correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 38 - Painting around new Can lights is unacceptable. Unsure if the entire ceiling has been painted Investigator’s Observation: Can lights in the kitchen were observed to
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 have gaps between the fixtures and ceiling, and some lights have either drywall mud or paint on the light surface. Additionally, the ceiling texture and painting in the kitchen does not meet standards. Inconsistencies in the new texture are visible under normal lighting conditions and when viewed from any angle. Texture and paint should be a reasonable match to the pre-existing kitchen ceiling. Respondent shall correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 40 - Missed painting frame around frosted glass in entry hall Investigator’s Observation: Frame does not appear to be the same color as the surrounding areas. Respondent shall correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 41 - Carpet in master bedroom not tacked down Investigator’s Observation: Carpet appears to have been pulled up to install new floor tile and should be resecured as needed by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 42 - New pantry cabinets - still in boxes. Unsure of depth of cabinets. Wall only 20 inches Investigator’s Observation: Respondent shall ensure that the pantry cabinet installation is completed per contract by appropriate means. Respondent will need to ensure installation complies with any relevant
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 building codes including egress requirements. 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: 43 - Damage to front door frame, not painted. Areas throughout the entire construction project with paint discrepancies Investigator’s Observation: Front door trim has dings/scratches which should be corrected by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 45 - New tile with dirty grout and unknown substance on tile Investigator’s Observation: Tile at the north end of the kitchen/near the backdoor has a substance on the surface which should be corrected by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 47 - Missing two electrical outlets in china/bar area Investigator’s Observation: Project is a work in progress, and work is incomplete. Respondent shall complete installation of electrical outlets, per contract, by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:
Compliance Item: 1 - Preparing home for construction in the middle of July with doors wide open and air set to 68 degrees Investigator’s Observation: Allegation does not reference a workmanship issue within ROC jurisdiction. Governing Rule: N/A
Compliance Item: 2 - Home appliances placed on patio in extreme heat, not covered or protected Investigator’s Observation: Parties dispute which company moved numerous items and appliances out to the back patio (multiple contractors have been working in the home, demo/mitigation/restoration project). There is currently insufficient evidence to verify which company may have placed the appliances on the patio or whether any appliances have been damaged. Governing Rule: N/A
Compliance Item: 3 - Two kitchen drawers not packed by packing company with personal property on patio and used as a trash container Investigator’s Observation: Parties dispute what company moved numerous items and appliances out to the back patio (multiple contractors have been working in the home, demo/mitigation/restoration project). There is currently insufficient evidence to verify which company may have placed the items on the patio. Personal property damage would need to be addressed in another venue. Governing Rule: N/A
Compliance Item: 4 - Removed tile from the entire house without covering any closets or doors resulting tile dust coating all personal property Investigator’s Observation: Allegation does not reference a
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 workmanship issue within ROC jurisdiction. Personal property damage would need to be addressed in another venue. Governing Rule: N/A
Compliance Item: 5 - Did not wear shoes covers in only room of remaining carpet staining it with a black tar like substance Investigator’s Observation: Carpet was observed to have a stain in the area pointed out by the complainant, however, at this time there is insufficient evidence to verify that this has been caused by respondent. Governing Rule: N/A
Compliance Item: 6 - Personal towels from linen closet used for construction cleanup. Found outside on ground Investigator’s Observation: Allegation does not reference a workmanship issue within ROC jurisdiction. Personal property damage would need to be addressed in another venue. Governing Rule: N/A
Compliance Item: 12 - Original closet doors do not slide properly once rehung Investigator’s Observation: Closet doors have a small gap on either side when fully closed due to the baseboards. The slider track for the closet door appears to be in original condition and this appears to be a pre-existing condition. Unable to substantiate a violation. Governing Rule: N/A
Compliance Item: 13 - Cleaning personnel requested to clean master bath after the tile mishap. Left it a mess and broke the bulb off and left it in the light socket Investigator’s Observation: There is currently insufficient evidence to
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 verify that the light bulb was broken by respondent. Personal property damage would need to be addressed in another venue. Governing Rule: N/A
Compliance Item: 17 - Walkway width in laundry room reduced to 34 inches due to oversized cabinets Investigator’s Observation: This issue is a duplicate of issues addressed in compliance item no. 15. Governing Rule: N/A
Compliance Item: 18 - Complete set of oversized cabinets in laundry room could not be installed because the attic crawl space entrance would be blocked Investigator’s Observation: Allegation is a duplicate of issues addressed in compliance item no. 15. Governing Rule: N/A
Compliance Item: 24 - Garbage disposal, faucet and accessories put outside without being properly covered and protected Investigator’s Observation: Parties dispute which company moved numerous items and appliances out to the back patio (multiple contractors have been working in the home, demo/mitigation/restoration project). There is currently insufficient evidence to verify which company may have placed the appliances on the patio or whether any appliances have been damaged. Governing Rule: N/A
Compliance Item: 25 - Hot Water Heater outside on patio not protected or covered Investigator’s Observation: Parties dispute which company moved numerous items and appliances out to the back patio (multiple contractors have been working in the home, demo/mitigation/restoration project). There is
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 currently insufficient evidence to verify which company may have placed the appliances on the patio or whether any appliances have been damaged. Governing Rule: N/A
Compliance Item: 26 - Incorrect size cabinets in dining room to kitchen island would not provide a 36" clearance Investigator’s Observation: Allegation is a duplicate of issues addressed in compliance item no. 14. Governing Rule: N/A
Compliance Item: 28 - Dining room upper cabinets are not centered on the wall Investigator’s Observation: Filler pieces at the right side of the kitchen uppers measures 2"; filler at the left side measures 2.5". This is a minor discrepancy and I am unable to conclude this violates the terms of the agreement or any standards of workmanship enforced by the Registrar. Governing Rule:
Compliance Item: 29 - Dining room lower cabinets were to be china/bar cabinet depth of 18 inches Investigator’s Observation: Allegation is a duplicate of issues addressed in compliance item no. 14. Governing Rule: N/A
Compliance Item: 31 - All cabinets need to have cabinet pulls Investigator’s Observation: None of the documents related to the cabinets or contracted scope of work appear to make reference to any cabinet hardware. There is currently insufficient evidence to substantiate a violation. Governing Rule: N/A
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Compliance Item: 32 - Side pieces to fill in wall space on upper cabinets in the dining room are not cut properly Investigator’s Observation: Work appears to meet the minimum standards enforced by the Registrar. Governing Rule: N/A
Compliance Item: 34 - Closet doors do not fully close properly due to new baseboards Investigator’s Observation: Allegation is a duplicate of issues addressed in compliance item no. 12 Governing Rule: N/A
Compliance Item: 37 - Questionable drawer depths on the new cabinet drawers Investigator’s Observation: Unable to substantiate an issue with drawer depths as described. Other issues with cabinets are addressed in separate allegations. Governing Rule: N/A
Compliance Item: 39 - Pony wall in kitchen too tall to install countertops Investigator’s Observation: Complainant has concerns over the height of the pony wall at the east side of the kitchen island. Work is incomplete and I am unable to verify whether this will cause an issue once the work is completed. Governing Rule: N/A
Compliance Item: 44 - Light switches installed in the wrong order in Kitchen Investigator’s Observation: None of the contract documents appear to provide information that would verify the light switches were to be installed in
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 a different configuration. Unable to substantiate a violation. Governing Rule: N/A
Compliance Item: 46 - New Cabinets with paint chips Investigator’s Observation: Allegation is a duplicate of issues addressed in compliance item no. 19. Governing Rule:
Compliance Item: 48 - Laundry room tile to be repaired with existing old tile. There were only 5 pieces of old tile and was told there was not enough to complete the job. Broken tile in laundry room filled in with grout. I talked to Ruben about this on 10/10/23. I went into my house on 10/11 and the old tile was torn up in a pile in the corner. I never approved this nor was there any talk purchasing more tile or making sure it was still available. Investigator’s Observation: Parties appear to have exchanged text messages regarding removing the pre-existing tile in the laundry room and installing additional tile to match the rest of the new tile in the home, however, no formal written agreement appears to have been agreed upon regarding completing this scope of work. Parties are in disagreement as to how to move forward. This is ultimately a contractual dispute and not a workmanship issue within ROC jurisdiction. Governing Rule: N/A
Please direct all questions regarding this Directive to the undersigned Investigator.
Sincerely,
Daniel Edwards Daniel Edwards, Investigator #218 602 771 6788 [email redacted]
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complainant: Georganna Tait 7838 E. Mariposa Drive Scottsdale, AZ 85251
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: Matador Construction LLC 3120 W Alvarado Rd Phoenix, AZ 85009
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 January 5, 2024
License No. ROC 322090
Re:Complaint No. 2023-11870
WRITTEN DIRECTIVE FROM THE REGISTRAR (EXTENSION)
Dear Respondent:
After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on January 17, 2024.
RESTRICTIONS • You may not perform or hire other contractors to perform work that is outside the scope of your license. • If your license is currently suspended for administrative 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: 7 - Paint lines bled into each other. I was told painting is complete Investigator’s Observation: Paint bleed was observed between the walls, baseboards and door trim in multiple rooms and hallways. Respondent acknowledges this is to be corrected as part of the final touch ups for this project. Respondent shall ensure touch ups are completed by 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 04/21 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 8 - Cabinet doors in hall only the faces are painted with primer Investigator’s Observation: Painting of the cabinet doors does not appear to be completed, as described. Respondent shall ensure cabinets are painted per contract by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 9 - New tile has been chipped in several areas Investigator’s Observation: Complainant pointed out multiple marked tiles throughout the kitchen and living area which are chipped on the surface or at the edges. Many chips at the edges of the tile have been grouted and the tiles appear to have been installed in this condition. Per the relevant TCNA standards for chips, “When visually inspecting finished ceramic, stone, and glass tile installations, do so without magnification under the permanent intended lighting (artificial and/or natural) and without the use of additional lighting such as flashlight, spotlights, or temporary lights. View the installation 36” from walls and 60” or normal standing height from floors. Recognizing the hand-built aspect of tile installations, any aesthetic concerns not visible at these distances (but apparent at closer distances) are acceptable.”
Respondent shall ensure all chipped tiles outside of the standards noted above are corrected by appropriate means. Complainant and respondent will need to
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 cooperate in identifying chipped tiles requiring correction per this standard. 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: 10 - Missing grout in new tile Investigator’s Observation: Tile grout is not finished. Respondent shall ensure all tile grout is completed per contract by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 11 - Uneven tiles Investigator’s Observation: Tiles are large format porcelain plank-style tiles with grout joints <1/4". Allowable lippage for this installation is no more than 1/32" between adjacent tiles. Complainant pointed out a multitude of tiles at the entryway, hallway, kitchen and living room areas where lippage exceeds the allowable tolerance. Respondent shall correct all tiles outside of allowable tolerances by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 14 - New cabinets arrived for dining room wrong size Investigator’s Observation: Lower cabinets in the dining room measure 24" in depth and stick out past the partition between the dining room and the kitchen. Additionally, this has reduced the width of the walkway from the kitchen island into the living room and it does not appear that this walkway will comply with egress requirements once the countertop is installed. No evidence on file shows that the complainant provided any measurements or signed off
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 on the measurements for the cabinets ordered, and all measurements appear to have been taken by the respondent. Respondent shall correct the depth of the dining room lower cabinets by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 15 - New cabinets arrived for laundry room wrong size Investigator’s Observation: Laundry room cabinets appear to be deeper than the original cabinets as evidenced by the footprint of the prior cabinets. This is causing issues and the remainder of the cabinets purchased cannot be installed without relocating the attic access scuttle and the laundry room hallway has been reduced. No evidence on file shows that the complainant provided any measurements or signed off on the measurements for the cabinets ordered, and all measurements appear to have been taken by the respondent. Respondent shall correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 16 - Door frame in laundry room cut in half to accommodate wrong size cabinets Investigator’s Observation: Substantiated, this work does not meet standards. This work appears to have been performed to accommodate the depth of the cabinets relevant to compliance item no. 15. Respondent shall correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Compliance Item: 19 - Laundry room cabinets with visible nicks and chip damage Investigator’s Observation: Chips were observed as described. Project is unfinished and chips are present prior to any walkthru. Respondent shall correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 20 - Nails visible in kitchen ceiling drywall Investigator’s Observation: Some drywall nail pops are visible in the kitchen ceiling. Project is incomplete and touch ups are needed. Respondent shall ensure all nail pops are corrected by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 21 - Hot water drainage pipe relocated to a lower position. More work needed to complete job but workers have left a wide open communication between the house and outside carport for several weeks making my home vulnerable to outside critters Investigator’s Observation: There is a large hole at the wall between the laundry room and exterior car port which should be sealed as needed by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 22 - Drywall separating above air register Investigator’s Observation: A small separation was observed in the area
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 described. Project is incomplete and touch ups are needed. Respondent shall ensure all nail pops are corrected by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 23 - Drywall repair workmanship unsatisfactory in bedroom window Investigator’s Observation: Drywall repair at bedroom window is beginning to crack. Project is incomplete and touch ups are needed. Respondent shall ensure all nail pops are corrected by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 27 - Window sill in dining room still old paint color after being told several times it was already repainted Investigator’s Observation: Window sill at the dining room does appear to be a different color than the remainder of the home, presumably the original color. Respondent shall correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 30 - All cabinets to have crown molding - does not look like that was accounted for. Investigator’s Observation: Most recent contracted scope of work (insurance scope w/ supplement) appears to include the line items "36. R&R Crown molding - 4 1/4" and "37. Paint crown molding, oversized - one coat." No crown molding appears to have been installed. Respondent shall complete
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 scope per contract by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 33 - Under cabinets in bathrooms missing grout Investigator’s Observation: Toe kick at bathroom has a void between the tiles and toe kick. Respondent shall correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 35 - Paint on carport floor and walls Investigator’s Observation: A substance which appears to be either cementitious tile materials (such as mortar) or paint is present on the carport siding and concrete floor. Respondent shall correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 36 - Cement on entry way tile Investigator’s Observation: Cementitious material is present on the tile at the front entryway. Respondent shall correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 38 - Painting around new Can lights is unacceptable. Unsure if the entire ceiling has been painted Investigator’s Observation: Can lights in the kitchen were observed to
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 have gaps between the fixtures and ceiling, and some lights have either drywall mud or paint on the light surface. Additionally, the ceiling texture and painting in the kitchen does not meet standards. Inconsistencies in the new texture are visible under normal lighting conditions and when viewed from any angle. Texture and paint should be a reasonable match to the pre-existing kitchen ceiling. Respondent shall correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 40 - Missed painting frame around frosted glass in entry hall Investigator’s Observation: Frame does not appear to be the same color as the surrounding areas. Respondent shall correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 41 - Carpet in master bedroom not tacked down Investigator’s Observation: Carpet appears to have been pulled up to install new floor tile and should be resecured as needed by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 42 - New pantry cabinets - still in boxes. Unsure of depth of cabinets. Wall only 20 inches Investigator’s Observation: Respondent shall ensure that the pantry cabinet installation is completed per contract by appropriate means. Respondent will need to ensure installation complies with any relevant
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 building codes including egress requirements. 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: 43 - Damage to front door frame, not painted. Areas throughout the entire construction project with paint discrepancies Investigator’s Observation: Front door trim has dings/scratches which should be corrected by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 45 - New tile with dirty grout and unknown substance on tile Investigator’s Observation: Tile at the north end of the kitchen/near the backdoor has a substance on the surface which should be corrected by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 47 - Missing two electrical outlets in china/bar area Investigator’s Observation: Project is a work in progress, and work is incomplete. Respondent shall complete installation of electrical outlets, per contract, by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:
Compliance Item: 1 - Preparing home for construction in the middle of July with doors wide open and air set to 68 degrees Investigator’s Observation: Allegation does not reference a workmanship issue within ROC jurisdiction. Governing Rule: N/A
Compliance Item: 2 - Home appliances placed on patio in extreme heat, not covered or protected Investigator’s Observation: Parties dispute which company moved numerous items and appliances out to the back patio (multiple contractors have been working in the home, demo/mitigation/restoration project). There is currently insufficient evidence to verify which company may have placed the appliances on the patio or whether any appliances have been damaged. Governing Rule: N/A
Compliance Item: 3 - Two kitchen drawers not packed by packing company with personal property on patio and used as a trash container Investigator’s Observation: Parties dispute what company moved numerous items and appliances out to the back patio (multiple contractors have been working in the home, demo/mitigation/restoration project). There is currently insufficient evidence to verify which company may have placed the items on the patio. Personal property damage would need to be addressed in another venue. Governing Rule: N/A
Compliance Item: 4 - Removed tile from the entire house without covering any closets or doors resulting tile dust coating all personal property Investigator’s Observation: Allegation does not reference a
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 workmanship issue within ROC jurisdiction. Personal property damage would need to be addressed in another venue. Governing Rule: N/A
Compliance Item: 5 - Did not wear shoes covers in only room of remaining carpet staining it with a black tar like substance Investigator’s Observation: Carpet was observed to have a stain in the area pointed out by the complainant, however, at this time there is insufficient evidence to verify that this has been caused by respondent. Governing Rule: N/A
Compliance Item: 6 - Personal towels from linen closet used for construction cleanup. Found outside on ground Investigator’s Observation: Allegation does not reference a workmanship issue within ROC jurisdiction. Personal property damage would need to be addressed in another venue. Governing Rule: N/A
Compliance Item: 12 - Original closet doors do not slide properly once rehung Investigator’s Observation: Closet doors have a small gap on either side when fully closed due to the baseboards. The slider track for the closet door appears to be in original condition and this appears to be a pre-existing condition. Unable to substantiate a violation. Governing Rule: N/A
Compliance Item: 13 - Cleaning personnel requested to clean master bath after the tile mishap. Left it a mess and broke the bulb off and left it in the light socket Investigator’s Observation: There is currently insufficient evidence to
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 verify that the light bulb was broken by respondent. Personal property damage would need to be addressed in another venue. Governing Rule: N/A
Compliance Item: 17 - Walkway width in laundry room reduced to 34 inches due to oversized cabinets Investigator’s Observation: This issue is a duplicate of issues addressed in compliance item no. 15. Governing Rule: N/A
Compliance Item: 18 - Complete set of oversized cabinets in laundry room could not be installed because the attic crawl space entrance would be blocked Investigator’s Observation: Allegation is a duplicate of issues addressed in compliance item no. 15. Governing Rule: N/A
Compliance Item: 24 - Garbage disposal, faucet and accessories put outside without being properly covered and protected Investigator’s Observation: Parties dispute which company moved numerous items and appliances out to the back patio (multiple contractors have been working in the home, demo/mitigation/restoration project). There is currently insufficient evidence to verify which company may have placed the appliances on the patio or whether any appliances have been damaged. Governing Rule: N/A
Compliance Item: 25 - Hot Water Heater outside on patio not protected or covered Investigator’s Observation: Parties dispute which company moved numerous items and appliances out to the back patio (multiple contractors have been working in the home, demo/mitigation/restoration project). There is
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 currently insufficient evidence to verify which company may have placed the appliances on the patio or whether any appliances have been damaged. Governing Rule: N/A
Compliance Item: 26 - Incorrect size cabinets in dining room to kitchen island would not provide a 36" clearance Investigator’s Observation: Allegation is a duplicate of issues addressed in compliance item no. 14. Governing Rule: N/A
Compliance Item: 28 - Dining room upper cabinets are not centered on the wall Investigator’s Observation: Filler pieces at the right side of the kitchen uppers measures 2"; filler at the left side measures 2.5". This is a minor discrepancy and I am unable to conclude this violates the terms of the agreement or any standards of workmanship enforced by the Registrar. Governing Rule:
Compliance Item: 29 - Dining room lower cabinets were to be china/bar cabinet depth of 18 inches Investigator’s Observation: Allegation is a duplicate of issues addressed in compliance item no. 14. Governing Rule: N/A
Compliance Item: 31 - All cabinets need to have cabinet pulls Investigator’s Observation: None of the documents related to the cabinets or contracted scope of work appear to make reference to any cabinet hardware. There is currently insufficient evidence to substantiate a violation. Governing Rule: N/A
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Compliance Item: 32 - Side pieces to fill in wall space on upper cabinets in the dining room are not cut properly Investigator’s Observation: Work appears to meet the minimum standards enforced by the Registrar. Governing Rule: N/A
Compliance Item: 34 - Closet doors do not fully close properly due to new baseboards Investigator’s Observation: Allegation is a duplicate of issues addressed in compliance item no. 12 Governing Rule: N/A
Compliance Item: 37 - Questionable drawer depths on the new cabinet drawers Investigator’s Observation: Unable to substantiate an issue with drawer depths as described. Other issues with cabinets are addressed in separate allegations. Governing Rule: N/A
Compliance Item: 39 - Pony wall in kitchen too tall to install countertops Investigator’s Observation: Complainant has concerns over the height of the pony wall at the east side of the kitchen island. Work is incomplete and I am unable to verify whether this will cause an issue once the work is completed. Governing Rule: N/A
Compliance Item: 44 - Light switches installed in the wrong order in Kitchen Investigator’s Observation: None of the contract documents appear to provide information that would verify the light switches were to be installed in
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 a different configuration. Unable to substantiate a violation. Governing Rule: N/A
Compliance Item: 46 - New Cabinets with paint chips Investigator’s Observation: Allegation is a duplicate of issues addressed in compliance item no. 19. Governing Rule:
Compliance Item: 48 - Laundry room tile to be repaired with existing old tile. There were only 5 pieces of old tile and was told there was not enough to complete the job. Broken tile in laundry room filled in with grout. I talked to Ruben about this on 10/10/23. I went into my house on 10/11 and the old tile was torn up in a pile in the corner. I never approved this nor was there any talk purchasing more tile or making sure it was still available. Investigator’s Observation: Parties appear to have exchanged text messages regarding removing the pre-existing tile in the laundry room and installing additional tile to match the rest of the new tile in the home, however, no formal written agreement appears to have been agreed upon regarding completing this scope of work. Parties are in disagreement as to how to move forward. This is ultimately a contractual dispute and not a workmanship issue within ROC jurisdiction. Governing Rule: N/A
Please direct all questions regarding this Directive to the undersigned Investigator.
Sincerely,
Daniel Edwards Daniel Edwards, Investigator #218 602 771 6788 [email redacted]
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complainant: Georganna Tait 7838 E. Mariposa Drive Scottsdale, AZ 85251
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: Matador Construction LLC 3120 W Alvarado Rd Phoenix, AZ 85009
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 17, 2024
Compliance Jobsite Inspection Notice Re: Complaint No. 2023-11870
Dear Complainant and Respondent:
A Compliance Inspection has been scheduled for January 19, 2024 at 3:00 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,
Daniel Edwards Daniel Edwards, Investigator #218 602 771 6788 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov
C012 05/21 Case no. 2023-11870
Dan Edwards, 1/19/2024 CP 1 7838 E. Mariposa Drive CJSI PHOTOS
Minor paint imperfection at baseboard, work appears to meet standards Case no. 2023-11870
Dan Edwards, 1/19/2024 CP 2 7838 E. Mariposa Drive CJSI PHOTOS
Missed paint, however, area does not have baseboards installed Case no. 2023-11870
Dan Edwards, 1/19/2024 CP 3 7838 E. Mariposa Drive CJSI PHOTOS
Paint drip at door frame Case no. 2023-11870
Dan Edwards, 1/19/2024 CP 4 7838 E. Mariposa Drive CJSI PHOTOS
Poor cut in at door, lines are not clean, paint on door handle Case no. 2023-11870
Dan Edwards, 1/19/2024 CP 5 7838 E. Mariposa Drive CJSI PHOTOS
Concerns over appearance of caulking at door Case no. 2023-11870
Dan Edwards, 1/19/2024 CP 6 7838 E. Mariposa Drive CJSI PHOTOS
Minor paint touch up needed at hinge Case no. 2023-11870
Dan Edwards, 1/19/2024 CP 7 7838 E. Mariposa Drive CJSI PHOTOS
Paint droplet on bathroom counter Case no. 2023-11870
Dan Edwards, 1/19/2024 CP 8 7838 E. Mariposa Drive CJSI PHOTOS
Minor paint smidge at right side of mirror Case no. 2023-11870
Dan Edwards, 1/19/2024 CP 9 7838 E. Mariposa Drive CJSI PHOTOS
Paint droplet on tile Case no. 2023-11870
Dan Edwards, 1/19/2024 CP 10 7838 E. Mariposa Drive CJSI PHOTOS
Paint droplet on tile Case no. 2023-11870
Dan Edwards, 1/19/2024 CP 11 7838 E. Mariposa Drive CJSI PHOTOS
Drywall repair at window, poorly cut in paint, paint on window frame Case no. 2023-11870
Dan Edwards, 1/19/2024 CP 12 7838 E. Mariposa Drive CJSI PHOTOS
Drywall repair at window, poorly cut in paint, paint on window frame Case no. 2023-11870
Dan Edwards, 1/19/2024 CP 13 7838 E. Mariposa Drive CJSI PHOTOS
Unprimed cabinet Case no. 2023-11870
Dan Edwards, 1/19/2024 CP 14 7838 E. Mariposa Drive CJSI PHOTOS
Chip still present in living area floor tile Case no. 2023-11870
Dan Edwards, 1/19/2024 CP 15 7838 E. Mariposa Drive CJSI PHOTOS
Chip still present in floor tile Case no. 2023-11870
Dan Edwards, 1/19/2024 CP 16 7838 E. Mariposa Drive CJSI PHOTOS
Multiple areas pointed out due to lippage concern, all tiles inspected in kitchen/living room area meet standard of 1/32” lippage Case no. 2023-11870
Dan Edwards, 1/19/2024 CP 17 7838 E. Mariposa Drive CJSI PHOTOS
Saw cut present in tile, south side of living area Case no. 2023-11870
Dan Edwards, 1/19/2024 CP 18 7838 E. Mariposa Drive CJSI PHOTOS
Tile in south bedroom is the only tile marked by complainant to still exhibit lippage outside of the allowable tolerance of 1/32” Case no. 2023-11870
Dan Edwards, 1/19/2024 CP 19 7838 E. Mariposa Drive CJSI PHOTOS
Kitchen cabinets have been removed, complainant is having home insurance replace and install new cabinets, no longer respondent’s responsibility Case no. 2023-11870
Dan Edwards, 1/19/2024 CP 20 7838 E. Mariposa Drive CJSI PHOTOS
Kitchen and dining room cabinets have been removed, complainant is having home insurance replace and install new cabinets, no longer respondent’s responsibility Case no. 2023-11870
Dan Edwards, 1/19/2024 CP 21 7838 E. Mariposa Drive CJSI PHOTOS
Laundry room cabinets have been removed, complainant is having home insurance replace and install new cabinets, no longer respondent’s responsibility Case no. 2023-11870
Dan Edwards, 1/19/2024 CP 22 7838 E. Mariposa Drive CJSI PHOTOS
Laundry room door trim corrected Case no. 2023-11870
Dan Edwards, 1/19/2024 CP 23 7838 E. Mariposa Drive CJSI PHOTOS
Nail pops at register, kitchen Case no. 2023-11870
Dan Edwards, 1/19/2024 CP 24 7838 E. Mariposa Drive CJSI PHOTOS
Hole in siding (water heater piping) appears to have been filled with drywall mud Case no. 2023-11870
Dan Edwards, 1/19/2024 CP 25 7838 E. Mariposa Drive CJSI PHOTOS
Inside view of the water heater piping Case no. 2023-11870
Dan Edwards, 1/19/2024 CP 26 7838 E. Mariposa Drive CJSI PHOTOS
Sealant crack above register appears corrected Case no. 2023-11870
Dan Edwards, 1/19/2024 CP 27 7838 E. Mariposa Drive CJSI PHOTOS
Dining room window, poor paint cut in at left side Case no. 2023-11870
Dan Edwards, 1/19/2024 CP 28 7838 E. Mariposa Drive CJSI PHOTOS
Scuffed toe kick, cause unknown Case no. 2023-11870
Dan Edwards, 1/19/2024 CP 29 7838 E. Mariposa Drive CJSI PHOTOS
No grout Case no. 2023-11870
Dan Edwards, 1/19/2024 CP 30 7838 E. Mariposa Drive CJSI PHOTOS
Splatter has been addressed, minor droplets scrape off with fingertip Case no. 2023-11870
Dan Edwards, 1/19/2024 CP 31 7838 E. Mariposa Drive CJSI PHOTOS
Cement removed prior to end of inspection Case no. 2023-11870
Dan Edwards, 1/19/2024 CP 32 7838 E. Mariposa Drive CJSI PHOTOS
Kitchen ceiling corrected, meets standards Case no. 2023-11870
Dan Edwards, 1/19/2024 CP 33 7838 E. Mariposa Drive CJSI PHOTOS
Light fixtures Case no. 2023-11870
Dan Edwards, 1/19/2024 CP 34 7838 E. Mariposa Drive CJSI PHOTOS
Glazed window appears painted Case no. 2023-11870
Dan Edwards, 1/19/2024 CP 35 7838 E. Mariposa Drive CJSI PHOTOS
Carpet still loose Case no. 2023-11870
Dan Edwards, 1/19/2024 CP 36 7838 E. Mariposa Drive CJSI PHOTOS
Paint smudge at left side of front door trim Case no. 2023-11870
Dan Edwards, 1/19/2024 CP 37 7838 E. Mariposa Drive CJSI PHOTOS
Strange discoloration observed at initial inspection is gone Case no. 2023-11870
Dan Edwards, 1/19/2024 CP 38 7838 E. Mariposa Drive CJSI PHOTOS
New discoloration pointed out, not viewed at initial inspection Case no. 2023-11870
Dan Edwards, 1/19/2024 CP 39 7838 E. Mariposa Drive CJSI PHOTOS Case no. 2023-11870
Dan Edwards, 1/19/2024 CP 40 7838 E. Mariposa Drive CJSI PHOTOS
Nail pop, not inspected at initial inspection, unknown if respondent installed this drywall Complainant: Georganna Tait 7838 E. Mariposa Drive Scottsdale, AZ 85251
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Respondent: Matador Construction LLC 3120 W Alvarado Rd Phoenix, AZ 85009
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Case No.: 2023-11870 Investigator: Daniel Edwards #218 Inspection Date: January 19, 2024 Inspection Time: 3:00 PM
Compliance Jobsite General Notes:
Present at inspection was complainant’s sister, named Victoria, and an aquaintance named Marilyn. Present for respondent was Cynthia Zarate and Ruben Cossio.
Compliance Findings:
At compliance inspection, the following observations were made:
• Compliance item no. 7 – Various paint issues still remain such as paint droplets on door frames, poorly cut paint lines between door trim and surrounding walls, paint on door hinges, paint droplets on the east bathroom countertop, minor paint bleed from the walls onto mirrors, and paint on window frames. Issue appears unresolved. • Compliance item no. 8 – Cabinet doors at the hall still observed to be primed, and are unpainted. Issue is unresolved. • Compliance item no. 9 – Multiple chipped tiles are still present and appear to be the same areas observed at inspection. Chips are visible from a normal standing position and have been grouted in place. Issue is unresolved. • Compliance item no. 10 – All previously ungrouted areas throughout the field of tiles appear to have been grouted as of compliance inspection. Issue appears resolved. • Compliance item no. 11 – Multiple tiles were replaced during the directive timeframe. All tiles marked by the complainant prior to compliance inspection were inspected and do not exceed 1/32” save for a single tile in the front (south) bedroom which exceeds the tolerance. Issue is only partially resolved. • Compliance item no. 14 – Cabinets in the dining room have been removed. Per complainant’s December 19, 2023 email, complainant’s insurance company is ordering and installing new cabinets. This was reportedly discussed and approved by both parties. No further action required by respondent for this issue. Issue is resolved. • Compliance item no. 15 – Cabinets in the laundry room have been removed. Per complainant’s December 19, 2023 email, complainant’s insurance company is ordering and installing new cabinets. This was reportedly discussed and approved by both parties. No further action required by respondent for this issue. Issue is resolved. • Compliance item no. 16 – Door trim has been corrected and the work meets minimum standards. Issue is resolved.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 • Compliance item no. 19 – As noted in compliance item no. 15, cabinets have been removed and are being reordered and installed by complainant’s insurance company. No further action required by respondent for this issue. Issue is resolved. • Compliance item no. 20 – Nail pops still visible in the kitchen ceiling at an air register. Issue is unresolved. • Compliance item no. 21 – Hole leading from the laundry room to the carport area has been filled with some sort of plaster which appears to be drywall mud. This work does not meet minimum standards and remains unresolved. • Compliance item no. 22 – The separation observed at initial inspection appears to have been corrected and the work meets minimum standards. Issue is resolved. • Compliance item no. 23 – Drywall crack still present in this area, issue is unresolved. • Compliance item no. 27 – Window frame does appear to have been painted to match surrounding areas, however, there is paint on the window frame and voids in some areas which were not fully painted. Issue is unresolved. • Compliance item no. 30 – Cabinets have been removed and are being purchased and installed by complainant’s insurance company. This was reportedly discussed and agreed upon by all parties. Issue is non-actionable and will be addressed by other contractors. No action required. • Compliance item no. 33 – Toe kick still missing grout. Issue is unresolved. • Compliance item no. 35 – The material previously splattered in the area appears to have been cleaned. A small number of tiny specks still remain in some spots, however, these are easily wiped off with a fingertip and appears to be a negligible cosmetic concern. Issue appears resolved. • Compliance item no. 36 – Cement was removed during the inspection. Issue appears resolved. • Compliance item no. 38 – Kitchen ceiling paint/texture appears to have been corrected and meets standards. Materials present on puck lights appears to have been cleaned. Issue appears resolved. • Compliance item no. 40 – Border surrounding the frosted glass window appears to have been painted. Issue appears resolved. • Compliance item no. 41 – Carpet is still loose and no action appears to have been taken to address this issue. Issue appears unresolved. • Compliance item no. 42 – Pantry cabinets have been removed from the jobsite. Per complainant’s December 19, 2023 email, complainant’s insurance company is ordering and installing new cabinets. This was reportedly discussed and approved by both parties. No further action required by respondent for this issue. Issue is resolved. • Compliance item no. 43 – Door frame has been painted, however, there is still cosmetic damage which was not touched up (ding in the frame). Issue is unresolved. • Compliance item no. 45 – The large smudge at the north end of the kitchen appears to have been cleaned. Issue appears resolved. • Compliance item no. 47 – The only reference to outlets in the contracted scope of work is “Rerouting electric wiring underneth concrete to new island and installin two outlets. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Includes wetsaw cutting concrete to hide pvc pipe.” Unable to verify that outlets were to be installed in other areas per the scope of work. Additionally, per emails between the parties, the parties agreed that the pony wall (i.e. the wall of the kitchen island) would be left as-is. No further action required.
Note:
Please review the complaint items listed above. If any of the items have not been corrected at the time of the compliance inspection this complaint will be forwarded to the Registrar’s legal department and a citation may be issued.
If all items are corrected after receipt of this letter, please notify the Registrar’s legal department by sending a notice of compliance signed by the complainant to fax number (602) 364-0416 or by mail to: Arizona Registrar of Contractors, P.O. Box 18244, Phoenix, Arizona 85005-8244. Sincerely,
Daniel Edwards Daniel Edwards, Investigator #218 602 771 6788 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Georganna Tait, Case No. 2023-11870
COMPLAINANT, v. CITATION Matador Construction LLC, License No. ROC 322090,
RESPONDENT.
The Registrar issues this Citation to Matador Construction LLC, (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by February 22, 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). THE WRITTEN COMPLAINT On October 13, 2023, Georganna Tait, (“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.
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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Charge :2 A.R.S. § 32-1154(A)(22) Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a reasonable period of time after receiving a written directive from the Registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held. If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F). FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2023-11870. 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]
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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 The 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 February 22, 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, 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.
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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B).
RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any
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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 charge 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 February 7, 2024. By: /s/ Gail Mathews Gail Mathews Legal Assistant II Legal Department Arizona Registrar of Contractors
COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, February 7, 2024 to: Respondent Certified Mail No: [number redacted] Matador Construction LLC 3120 W Alvarado Rd Phoenix, AZ 85009-2435
Copy mailed by USPS First Class mail this same date to: Matador Construction LLC 3120 W Alvarado Rd Phoenix, AZ 85009-2435 Complainant Georganna Tait 7838 E. Mariposa Drive Scottsdale, AZ 85251
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. 2023-11870
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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees
Person Filing Complaint Full Name (First Middle Last) Business Name (if a licensed contractor or supplier) ROC License Number(s) (if any)
Georganna Tait Mailing Address (Enter jobsite in Contract/Project section) City State Zip
7838 E. Mariposa Drive Scottsdale Arizona 85251 Phone Number Email
[number redacted] [email redacted] I consent to receive communications electronically in connection with this case Name of Attorney (if any)
Street Address of Attorney City State Zip
Phone Number of Attorney Email of Attorney
Contractor Information Name (as shown on contract/invoice) ROC License Number(s)
Matador Construction LLC ROC 322090 Street Address City State Zip
1302 W 23rd St Suite 11 Tempe Arizona 85282 Phone Number Email
602 558 0680 [email redacted] Name of Person(s) Representing License
Cindy Sugey Zarate Contract/Project Information Contract Date Contract Amount Amount Paid
July 13, 2023 $72,200.07 $16,829.28 Date Work Started Date Work Stopped Date Work Was Completed
July 17, 2023 October 12, 2023 Close of Escrow (New Home) Move-In Date (New-Home)
Jobsite Street Address City State Zip
7838 E. Mariposa Drive Scottsdale AZ 85251 Name of Construction Site Owner Construction Site Name (if applicable)
Patti Phone Number of Construction Site Owner Email of Construction Site Owner
[number redacted] [email redacted] This complaint is for Poor Work I have contacted the contractor by Phone/Text Have you filed a complaint in court? No
RCC099 12/05/18 Page 1 of 3 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees
Has any work been corrected? No
The contract was Written All change orders were Oral This project was Residential This project involved Repair
A building permit was obtained by N/A List and briefly describe each complaint item (Please do not write "see attached" or use additional pages unless necessary to further describe issues or list more complaint items) (limited to 100 characters per line)
Preparing home for construction in the middle of July with doors wide open and air set to 68 degrees.; Home appliances placed on patio in extreme heat, not covered or protected ; Two kitchen drawers not packed by packing company with personal property on patio and used as a trash container. ; Removed tile from the entire house without covering any closets or doors resulting tile dust coating all personal property. ; Did not wear shoes covers in only room of remaining carpet staining it with a black tar like substance.; Personal towels from linen closet used for construction cleanup. Found outside on ground. ; Paint lines bled into each other. I was told painting is complete.; Cabinet doors in hall only the faces are painted with primer. ; New tile has been chipped in several areas. ; Missing grout in new tile.; Uneven tiles. ; Original closet doors do not slide properly once rehung.; Cleaning personnel requested to clean master bath after the tile mishap. Left it a mess and broke the bulb off and left it in the light socket.; New cabinets arrived for dining room wrong size. ; New cabinets arrived for laundry room wrong size.; Door frame in laundry room cut in half to accommodate wrong size cabinets.; Walkway width in laundry room reduced to 34 inches due to oversized cabinets. ; Complete set of oversized cabinets in laundry room could not be installed because the attic crawl space entrance would be blocked. ; Laundry room cabinets with visible nicks and chip damage. ; Nails visible in kitchen ceiling drywall.; Hot water drainage pipe relocated to a lower position. More work needed to complete job but workers have left a wide open communication between the house and outside carport for several weeks making my home vulnerable to outside critters. ; Drywall separating above air register. ; Drywall repair workmanship unsatisfactory in bedroom window. ; Garbage disposal, faucet and accessories put outside without being properly covered and protected.; Hot Water Heater outside on patio not protected or covered.; Incorrect size cabinets in dining room to kitchen island would not provide a 36" clearance.; Window sill in dining room still old paint color after being told several times it was already repainted.
RCC099 12/05/18 Page 2 of 3 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees
Signature I declare under penalty of perjury that the information and documents contained on this Complaint Form, included with this complaint, or hereafter submitted in support of this complaint are true and accurate to the best of my knowledge. I will assist in the investigation or in the prosecution of the contractor or other parties, and will, if necessary, attend hearings and testify to facts. Printed Name Signature Date
Georganna Tait \complainant1\ \complainantd1\
RCC099 12/05/18 Page 3 of 3 Name: Georganna Tait Phone: (602) 432-9392
Property Addres: 7838 E Mariposa Dr Email: [email redacted] Scottsdale, Az
Mailing Addres: 7838 E Mariposa Dr Total: $33,658.55 Scottsdale, Az
SECTION 1. CONTRACT AMOUNT 1.1. INITIAL CONTRACT AMOUNT. This Agreement authorizes Matador Construction LLC to proceed with all work as stated. The Contract Amount is:$33,658.55 The above initial contract amount is subject to change dependent of agreed upon change orders, change in conditions, and other revisions to the original Scope of Work. This contract is subject to change once clients Insurance Adjuster sends a copy of the approved estimate amount. SECTION 2. PAYMENTS TO MATADOR CONSTRUCTION LLC 2.1 BILLING AND PAYMENT DATES. Matador Construction LLC shall issue a deposit invoice for 50% of the Contract Amount to OWNER a minimum of three weeks prior to commencement of work on each parcel. Matador Construction LLC shall issue an invoice to OWNER for the remaining Contract Amount upon completion of each such parcel. All invoices for the aforementioned amounts shall be issued by Matador Construction LLC to the OWNER’s representative,including any invoices related to Unforeseen Conditions approved by the OWNER of the OWNER’s representativepursuant to Section 3 (noted below). All invoices shall be due fifteen (15) days after OWNER’s receipt of the same, unless disputed pursuant to Section 2.2. Any balance not paid within fifteen (15) days of invoice will accrue interest at eighteen percent (18%) per annum until the balance is paid in full. 2.2 DISPUTED BILLINGS. Payment shall be made on all undisputed amounts pursuant to Section 2.1 of this Agreement. Any dispute about any portion of an invoice shall not waive the requirement for timely payment of undisputed amounts. If OWNER disputes any amounts invoiced, OWNER shall issue the notice of dispute to Matador Construction LLC within five (5) business days after the receipt of the invoice. Such notice shall include the following: 1) specific identification of any disputed billing amount, 2) reason(s) amount is disputed, 3) contract clause that is the basis of the dispute. If Matador Construction LLC is not informed accordingly, all billed sums are assumed to be due and payable pursuant to terms of this Agreement. 2.3 RIGHT TO STOP WORK. If the OWNER fails to pay undisputed billed or regular billing amounts in accordance with the terms of this Agreement, Matador Construction LLC may, without waiving any other rights, and without incurring any liability to the OWNER, suspend or terminate this Agreement for cause. In the event of such suspension or termination, the OWNER shall be liable for any and all additional costs incurred by Matador Construction LLC related to or caused by the suspension or termination. SECTION 3. CHANGES 3.1 UNFORESEEN OR UNFORESEEABLE CONDITIONS. Matador Construction LLC shall take reasonable steps to become familiar with the project conditions, which may affect the total cost and duration of the contemplated reconstruction work. Matador Construction LLC shall make a reasonable effort to notify the precisely quantifiable, or that otherwise are beyond Matador Construction LLC’s control and shall suggest reasonable OWNER’S budget contingencies for such potential conditions. If such conditions are encountered during the performance of Matador Construction LLC’s work, they shall be considered Unforeseen or Unforeseeable Conditions, and this Agreement shall be changed accordingly to the extent that such conditions extend the cost and/or time of Matador Construction LLC’s work. Any changes pursuant to this Agreement must be approved by OWNER or OWNER’S representative prior to Matador Construction LLC commencing work on changes. (Please refer also to SECTION 2.3 above regarding delays or suspension of work on project.) Approval will be considered valid upon verbal instructions, email correspondence, and/or other written correspondence. 3.2 INTERPRETIVE REQUIREMENTS BY PUBLIC AGENCIES. In the event that any agencies having jurisdiction over the Project; (1) take action requiring work that differs in any respect from that work indicated on plans and specifications approved by such agencies for use at this project, or (2) enforce current or previous codes or issue code interpretations beyond the extent of the agencies’ stated intentions during pre-design or design phase discussions with such agencies, such actions shall be considered to be an Unforeseeable Condition.
SECTION 4. COMMENCEMENT AND COMPLETION 4.1 COMMENCEMENT DATE. The Work shall commence upon Matador Construction LLC receipt of a fully executed copy of the Agreement, 50% deposits on the scope of work. The commencement date is scheduled for July 18th, 2023. 4.2 COMPLETION. To the fullest extent within Matador Construction LLC’s control, the work shall be completed in an expeditious manner, Completion will be within 10 weeks from commencement date. Time is NOT of the essence unless explicitly agreed upon by both parties and in writing prior to commencement of work. 4.3 TERMINATION. Should either party terminate this Agreement, the OWNER shall settle accounts with Matador Construction LLC for Work completed, paying all sums due for all Work performed or for which irrevocable commitments have been made, or costs incurred, up to and including the date of termination, unless those amounts are disputed pursuant to Section 2.2. Should Matador Construction LLC not be permitted by OWNER to perform under this Agreement, OWNER agrees to release and hold Matador Construction LLC harmless and agrees to indemnify Matador Construction LLC against any claims or actions that may result from such incomplete procedures. SECTION 5. DELAY PROVISIONS 5.1 WEATHER DELAYS. During the performance of any construction work, Matador Construction LLC schedule shall include a reasonable amount of working days of potential delay due to weather conditions which hinder the production of the work, create an unsafe working environment, or impinge on contemplated product or system warranties. Days of delay in excess of that allowance amount shall be an Unforeseen Condition per this Agreement.
SECTION 6. INSURANCE 6.1 INSURANCES PROVIDED. Matador Construction LLC shall provide worker’s compensation and General Liability Insurance and shall name OWNER as an additional insured on all such policies. Relevant liability policy limits currently maintained by Matador Construction LLC are: General Liability: $1,000,000 general aggregate 6.2 OWNER’S REQUIRED INSURANCE. OWNER’s property and liability insurance is to remain in effect and indemnify and hold Matador Construction LLC harmless for any incidental damages occurred prior to, during, or after completion of any construction and Matador Construction LLC warranty term.
SECTION 7. OTHER TERMS AND CONDITIONS 7.1 NOTICES. Official notices to either party to this Agreement shall be in writing and shall be considered received five (5) days from the date sent by First Class Mail and/or Certified Return Receipt. Ultimately it is the responsibility of the Property Manager (OWNER) to provide Homeowners Association notification of work to be performed. 7.2 INTERPRETATION. Both parties to this Agreement have had the opportunity to review and do fully understand the Agreement in its entirety. Both parties have availed themselves a counsel to the extent they deemed appropriate regarding the legal implications therein. As such, this Agreement shall be interpreted fairly, and shall not prescriptively or unnecessarily be interpreted against the drafter. If a provision of this Agreement is or becomes illegal, invalid, or unenforceable, that shall not affect the validity or enforceability of any other provision herein. 7.3 ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement between the parties, replacing any and all prior or other forms or communication or commitment. 7.4 SITE SAFETY AND SECURITY. Matador Construction LLC shall conduct its Work in a safe manner at all times. Matador Construction LLC, however, shall not be responsible for the safety of residents, visitors, children or animals that may intentionally or unintentionally ignore reasonable efforts by Matador Construction LLC or other parties to maintain a safe work environment. 7.5 BINDING ARBITRATION. In the event of any claim or dispute between parties, the parties agree that such claim or dispute shall be decided by and expedited form of binding arbitration in accordance with the then existing rules of the American Arbitration Association, or as otherwise agreed by the parties. Such arbitration shall be held in the county in which the Project resides. The arbitrator’s judgment shall be binding upon both parties. Neither party shall be entitled to recover special or punitive damages. Both parties agree to begin such arbitration within a maximum of three (3) months from either party’s request to commence arbitration. 7.6 ATTORNEY FEES. The Customer is responsible for any lien fees, collection fees, attorney’s fees and/or court costs incurred by Matador Construction LLC to collect past due balances. 7.7 MECHANIC LIEN. Any person or company supplying labor or material for this project may file a mechanic’s lien against your property if that person or company is not paid for its contribution in accordance with Arizona law. Matador Construction LLC reserves the right to process a 20-day pre-lien. 7.8 HAZARDOUS MATERIAL. Matador Construction LLC has not been requested to include, nor has he been included, any provisions for discovery, removal, or disposal of any hazardous materials, which may be present at the Project at this time. Encountering any such materials shall be an Unforeseen Condition per the terms of this Agreement. 7.9 WARRANTEE. Matador Construction LLC warrants labor and material for a period of two years. We will repair peeling, blistering or chipping paint resulting from defective workmanship. If paint failure appears, we will supply labor and materials to correct the condition without cost. This warranty excludes, and in no event will Matador Construction LLC be responsible for consequential or incidental damages caused by accident or abuse. SECTION 8. BUYER’S RIGHT TO CANCEL 8.1 BUYER’S RIGHT TO CANCEL. You are entitled, by law, to cancel this agreement before midnight of the third day (excluding Sunday) after the date of your signature.
The property owner has the right to file a written complaint with the registrar of contractors for an alleged violation of section 32-1154, subsection A. Complaints must be made within the applicable time period as set forth in section 32-1154, subsection A online at www.roc.az.gov or by phone at (602) 542-1525.
MATADOR CONSTRUCTION LLC OWNER AGENT
NAME: Matador Construction NAME: Georganna Tait TITLE: Owner TITLE: Owner DATE: Jul 13, 2023 DATE: Jul 13, 2023 SIGNATURE Cynthia Za ra te (Jul 13, 2023 11:32 PDT) SIGNATURE Georganna Tait Georganna Tait (Jul 13, 2023 10:45 PDT) Received 2/22/2024 ROC Legal
Andrew R. DiCarlo, Esq. (No. 035571) DICARLO LAW PLC 15029 N. Thompson Peak Pkwy Suite B-111, #406 Scottsdale, Arizona 85260 [email redacted] Attorney for Respondent REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA Georganna Tait,
COMPLAINANT, WRITTEN ANSWER TO v. CITATION AND COMPLAINT NO. 2023-11870 Matador Construction LLC, License No. ROC 322090,
RESPONDENT. Respondent Matador Construction LLC, an Arizona limited liability company (“Respondent”) has retained this law firm DiCarlo Law PLC (the “Firm”) to represent
their interest in the above referenced Citation (No. 2023-11870; the “Citation”). Respondent is in receipt of the Citation dated February 7, 2024, from the Arizona Registrar of Contractors (“ROC”). I. INTRODUCTION
Pursuant to A.R.S. § 32-1155(A), “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.” Respondent hereby files
WRITTEN ANSWER TO CITATION AND COMPLAINT NO. 2023-11870 - 1 Received 2/22/2024 ROC Legal
this Written Answer to Citation and Complaint (the “Answer”) showing why the Citation should be dismissed in its entirety and no action be taken by the Arizona Registrar of Contractors against Respondent’s license.
II. THE LEGAL STANDARD
The Citation levied by the Arizona Registrar of Contractors (hereafter, the “RoC”) identifies two (2) statute violations against Respondent which are directly causal to one another, more specifically:
1. 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.” 2. Charge 2: A.R.S. §32-1154(A)(22)
“Failure to take appropriate corrective action to comply with this chapter or with rules
adopted pursuant to this chapter without valid justification within a reasonable period 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.” (Emphasis Added).
WRITTEN ANSWER TO CITATION AND COMPLAINT NO. 2023-11870 - 2 Received 2/22/2024 ROC Legal
A. Valid Justification as a Defense to A.R.S. § 32-1154(A)(22) a. Arizona’s Prompt Payment Act As indicated above in A.R.S. §32-1154(A)(22), affording a valid justification is a
statutorily recognized exception to the Respondent’s compliance with the Registrar’s
determinations. Private construction projects in Arizona are governed by A.R.S. §32-1181 et seq. The contractor’s statutory right to receive prompt payment, under the Prompt Pay Act, is not permitted to be modified pursuant to A.R.S. §32-1182(P). A contractor may
suspend performance or terminate the construction contract if the owner fails to timely
pay the amount certified and approved, provided the contractor gives seven days’ prior written notice to the owner. A.R.S. §32-1185. Further, Respondent’s “valid justification” is rooted on the Registrar’s interpretation of Respondent’s work being done “in a
professional and workmanlike manner” under A.R.S. §32-1154(A)(3) - R4-9-108(a)
regarding Respondent’s scope of work. Respondent maintains good faith defenses to both claims levied by the Registrar. Complainant and the Licensed Complaint Form acknowledge an outstanding balance on Respondent’s work completed at the Property. b. Denial of Access
Furthermore, Respondent is of the position that the access granted by Complainant, in
conjunction with Complainant’s attempts to dictate the means and methods in which Respondent complied with the Written Directive, amounted to a refusal of access during the Written Directive Period. “Complainants are not prevented from refusing access
because of their right to exclude others from their homes and it would not be appropriate
WRITTEN ANSWER TO CITATION AND COMPLAINT NO. 2023-11870 - 3 Received 2/22/2024 ROC Legal
to require contractors to trespass. [But it] is recognized that lack of access impinges on one party’s ability to defend itself and utilizing the benefits of the Registrar of Contractors is a privilege. Therefore, it is recommended that the Registrar dismiss complaints in which
access is denied.” BB Ewing Property Management v. Khart Management LLC No.
20151168(ALJ Dec. 15:19–25). c. Right to Written Contract Regarding Change Orders Construction projects in Arizona are often governed by written contracts, which is
the case at hand. A.R.S. §44-101 holds in pertinent part that … “No action shall be brought
in any court in the following cases unless the promise or agreement upon which the action is brought, or some memorandum thereof, is in writing and signed by the party to be charged, or by some person by him thereunto lawfully authorized: … Upon a contract to
sell or a sale of goods or choses in action of the value of five hundred dollars or more,
unless the buyer accepts part of the goods or choses in action, and actually receives them or gives something in earnest to bind the contract…” d. Workmanship Standards of Licensed Contractors The RoC has offered its investigators and the public various workmanship
standards of licensed contractors as stated in the Workmanship Standards for Licensed
Contractors, June 2009 edition (the “Standards’). For example, as stated in the Standards, “Contractor’s responsibility on all manufactured surfaces is valid only if the damaged surface is indicated to the contractor or contractor’s representative within 10 days after
move-in.”
WRITTEN ANSWER TO CITATION AND COMPLAINT NO. 2023-11870 - 4 Received 2/22/2024 ROC Legal
e. Abuse of Process “The Registrar of Contractors relies on complaints to carry out some of the mandates of the office. When anyone attempts to use the complaint process
inappropriately, it undermines the Registrar’s ability to perform the duties that the citizens
of Arizona depend on to ensure that the buildings in which they live, work, and play are safe. When that process is compromised, it is appropriate to dismiss the complaint in its entirety.” Reeks v. Superscape, LLC, No. 2016A-594 (ALJ Decision at 1:19–24).
III. RESPONDENT’S WRITTEN ANSWER TO CITATION
Respondent denies that it violated A.R.S. § 32-1154(A)(3) - R4-9-108(a). Respondent denies that it violated A.R.S. § 32-1154(A)(22). Respondent maintains that it made diligent efforts to comply with the Written
Directive but was continuously prevented access from conducting the work in the manner,
and pursuant to the means and methods, in which it saw necessary to comply with the Written Directive. Complainant’s refusal of Respondent’s desired route to comply with the Written Directive ultimately delayed, and prevented, Respondent from being able to complete the full list of Directive items in the time allotted. For example, Complainant
required that any tile work completed by Respondent at the Property be completed with a
tile that was the same “dye lot” as existing tile, a requirement not held by the RoC. See Exhibit A. In any event, Respondent was not provided additional time outside the original directive compliance period in which to complete the work, even after informing the
assigned investigator of issues regarding the same.
WRITTEN ANSWER TO CITATION AND COMPLAINT NO. 2023-11870 - 5 Received 2/22/2024 ROC Legal
Notwithstanding the foregoing, Complainant currently maintains an outstanding balance with Respondent’s work in at least the amount of $40,000.00. Complainant acknowledges the amount due and owing in its Licensed Complaint Form. See Exhibit B.
Even further, Complainant has attempted to abuse the RoC and its processes, to obfuscate
the agreed upon, and contracted, scope of work between the parties, to use the RoC and its proceedings to coerce Respondent into completing “change orders” represented by Complainant as “agreed upon” which remain unsigned. Additionally, Respondent is of
the position that the RoC’s assigned investigator included items in the Written Directive
which are outside of the scope of work of Respondent, pre-existing to the Property, and not related to a workmanship of Respondent at the Property. Further, and without waiving any rights, statutory or otherwise, Respondent maintains
that it worked diligently towards compliance with the instruction of the Registrar in the
Written Directive in the time permitted for compliance. IV. CONCLUSION For the above-mentioned reasons, Respondent requests that the Citation and Complainant’s Complaint should be dismissed as Respondent has provided valid
justification as to why there was not an opportunity to rectify all the requirements of the
Written Directive and why it has not violated either A.R.S. § 32-1154(A)(3) - R4-9-108(a) or A.R.S. § 32-1154(A)(22). In any event, Respondent re-affirms its denial of the charges levied against it in their entirety.
WRITTEN ANSWER TO CITATION AND COMPLAINT NO. 2023-11870 - 6 Received 2/22/2024 ROC Legal
In the alternative, if the ROC does not dismiss the Citation, Respondent requests that the Registrar act and allow for the period for compliance with the Written Directive be extended and allow for Respondent to address items previously addressed by Respondent
in the Written Directive compliance period and found to be insufficient by the Registrar.
RESPECTFULLY submitted this 22nd day of February 2024. DICARLO LAW, PLC
Andrew R. DiCarlo, Esq. (No. 035571) Attorney for Respondent Sent via Email this February 22, 2024 to: The Arizona Registrar of Contractors 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007 [email redacted] With a Copy to:
Georganna Tait 7838 E. Mariposa Drive Scottsdale, AZ 85251 [email redacted]
WRITTEN ANSWER TO CITATION AND COMPLAINT NO. 2023-11870 - 7 Received 2/22/2024 ROC Legal
Cynthia Zarate <[email redacted]>
Tile Dye Lot messages
Patti Tait <[email redacted]> Wed, Dec 27, 2023 at 9:10 PM To: Cynthia Zarate <[email redacted]> Cc: Edwards Daniel <[email redacted]>, Nimmo Jeff <[email redacted]>
Sent from my iPhone
attachments
IMG_8228.jpg 91K
IMG_8229.jpg 134K
Cynthia Zarate <[email redacted]> Wed, Dec 27, 2023 at 9:14 PM To: Patti Tait <[email redacted]> Cc: Edwards Daniel <[email redacted]>, Nimmo Jeff <[email redacted]>
Ill contact floor and decor tomorrow. It was their mistake AGAIN as I had previously made sure they were giving me the correct dye. I even have a receipt with this information.
Ill get it changed for you tomorrow Received On Wed, Dec 27, 2023 at 9:10 PM Patti Tait <[email redacted]> wrote: 2/22/2024 ROC Legal
Sent from my iPhone Received 2/22/2024 ROC Legal
Matador Construction <[email redacted]>
Directive messages
Matador Construction <[email redacted]> Fri, Dec 29, 2023 at 5:43 PM To: Edwards <[email redacted]>, Ruben Cossio <[email redacted]>
Hello Daniel,
We are 90% completed with our directive/Contract. Mrs Tait decided she didn't want us to finish a lot of the items on the contract due to cabinets not being completed. I told her we didn't mind waiting but she chose not to.
The only thing pending from the directive is the flooring, i ordered the tile from floor and decor. We picked it up and dropped it off to Mrs. Taits but it was the wrong dye lot. She let me know we had dropped off the wrong tile, so we picked it up the next day. I called floor and decor and ordered the correct dye lot so i thought . They confirmed this information with me and I had my crew pick it up. I trusted the floor and decor and they gave me the wrong dye lot again. I called every single floor and decor in Arizona and Texas and nothing. I finally found it in Colorado springs, order was placed and it should arrive within 7-14 days.
We will still like to walk the job with you for all the other line items. Please let me know if you have any questions
I know you're out of the office until the 3rd, We wish you a very Happy New Year!
See you soon,
Matador Construction General Contractor ROC 322090
[email redacted] (602) 558-0680 1302 W 23rd St Suite 111, Tempe, Arizona 85282 matadorconstructionaz.com
The content of this email is confidential and intended for the recipient specified in message only. It is strictly forbidden to share any part of this message with any third party, without a written consent of the sender. If you received this message by mistake, please reply to this message and follow with its deletion, so that we can ensure such a mistake does not occur in the future.
Daniel Edwards <[email redacted]> Wed, Jan 3, 2024 at 12:00 PM To: Matador Construction <[email redacted]> Cc: Ruben Cossio <[email redacted]>
Good afternoon,
Thank you for the update. I am just getting back to the office today and am circling back to everyone. Are you able to Received 2/22/2024 submit any information related to the tile purchases? Specifically, any purchase orders with dates of purchase and any ROC Legal information regarding requests for specific dye lots that the distributor may have received from you.
Thank you.
Sincerely, Dan Edwards [Quoted text hidden] --
Dan Edwards Investigator #218 Arizona Registrar of Contractors 1700 W Washington Suite 105 Phoenix, AZ 85007 602 771 6788 [email redacted]
Fill out AZ ROC’s survey to let us know how we’re doing and how we can better serve you!
Matador Construction <[email redacted]> Wed, Jan 3, 2024 at 12:36 PM To: Daniel Edwards <[email redacted]> Cc: Ruben Cossio <[email redacted]>
Hello Daniel,
No problem! Mrs Patti Purchased the flooring from floor and decor under our account the first time. Unfortunately on the website it doesn't give you the option to choose a dye lot, nor the employees at floor and decor have access to dye lots unless they check the warehouse for a specific dye lot, box by box. It also doesn't save in your receipt or account either, it only saves under the name of the tile and SKU number. I have the receipt of when I ordered the first batch and it was wrong, I also have the second receipt of the second batch which was wrong again. I also have the third receipt of this last batch that is coming from Colorado and it's a risk that I'm taking since the PRO sales guy promised me he would send me the correct dye lot but again he isnt the one shipping it he only places the order and can add notes.
I also have an update on the tile it gets here tomorrow between 9-5pm.
Attached is a copy of the receipts, please let me know if you have any questions.
Kind regards
Matador Construction General Contractor ROC 322090
[email redacted] (602) 558-0680 Received 2/22/2024 1302 W 23rd St Suite 111, Tempe, Arizona 85282 ROC Legal matadorconstructionaz.com
The content of this email is confidential and intended for the recipient specified in message only. It is strictly forbidden to share any part of this message with any third party, without a written consent of the sender. If you received this message by mistake, please reply to this message and follow with its deletion, so that we can ensure such a mistake does not occur in the future.
[Quoted text hidden]
attachments Thank You for Your Order - [email redacted] - Gmail.webarchive 4600K Your Order is Ready. Save time & Schedule Your Pickup - [email redacted] - Gmail.webarchive 4675K Thank You for Your Order - [email redacted] - Gmail.webarchive 4599K Your Order is Ready. Save time & Schedule Your Pickup - [email redacted] - Gmail.webarchive 4674K Thank You for Your Order - [email redacted] - Gmail.webarchive 4603K
Daniel Edwards <[email redacted]> Wed, Jan 3, 2024 at 12:51 PM To: Matador Construction <[email redacted]> Cc: Ruben Cossio <[email redacted]>
Hello,
Your attachments are .webarchive documents and I am unable to open them. If possible, please re-send them as .PDF documents.
Thank you.
Sincerely, Dan Edwards [Quoted text hidden]
Matador Construction <[email redacted]> Wed, Jan 3, 2024 at 1:49 PM To: Daniel Edwards <[email redacted]> Cc: Ruben Cossio <[email redacted]>
it unfortunately doesn't let me send it as a PDF but I can forward you the emails.
Matador Construction General Contractor ROC 322090 Received 2/22/2024 [email redacted] ROC Legal (602) 558-0680 1302 W 23rd St Suite 111, Tempe, Arizona 85282 matadorconstructionaz.com
The content of this email is confidential and intended for the recipient specified in message only. It is strictly forbidden to share any part of this message with any third party, without a written consent of the sender. If you received this message by mistake, please reply to this message and follow with its deletion, so that we can ensure such a mistake does not occur in the future.
[Quoted text hidden]
Matador Construction <[email redacted]> Fri, Jan 5, 2024 at 2:37 PM To: Daniel Edwards <[email redacted]> Cc: Ruben Cossio <[email redacted]>
We received the tile. It is the correct dye lot Thank god!
Matador Construction General Contractor ROC 322090
[email redacted] (602) 558-0680 1302 W 23rd St Suite 111, Tempe, Arizona 85282 matadorconstructionaz.com
The content of this email is confidential and intended for the recipient specified in message only. It is strictly forbidden to share any part of this message with any third party, without a written consent of the sender. If you received this message by mistake, please reply to this message and follow with its deletion, so that we can ensure such a mistake does not occur in the future.
[Quoted text hidden]
Matador Construction <[email redacted]> Thu, Jan 11, 2024 at 2:32 PM To: Daniel Edwards <[email redacted]>
Hello Daniel,
Our Sub Christian has been trying to get in hold of you but hasn’t had any luck.
Here is his number if you have time to give him a call when you’re available please.
480.374.9579
Kind regards, Received 2/22/2024 ROC Legal Matador Construction General Contractor ROC 322090
[email redacted] (602) 558-0680 1302 W 23rd St Suite 111, Tempe, Arizona 85282 matadorconstructionaz.com
The content of this email is confidential and intended for the recipient specified in message only. It is strictly forbidden to share any part of this message with any third party, without a written consent of the sender. If you received this message by mistake, please reply to this message and follow with its deletion, so that we can ensure such a mistake does not occur in the future. [Quoted text hidden]
Daniel Edwards <[email redacted]> Thu, Jan 11, 2024 at 2:34 PM To: Matador Construction <[email redacted]>
Good afternoon,
Christian reached out today via text regarding the tile issues. I responded to him, clarifying that the Registrar's standards for lippage in this installation is 1/32". [Quoted text hidden]
Matador Construction <[email redacted]> Fri, Jan 12, 2024 at 12:53 PM To: Daniel Edwards <[email redacted]>
Thank you for the clarification.
Matador Construction General Contractor ROC 322090
[email redacted] (602) 558-0680 1302 W 23rd St Suite 111, Tempe, Arizona 85282 matadorconstructionaz.com
The content of this email is confidential and intended for the recipient specified in message only. It is strictly forbidden to share any part of this message with any third party, without a written consent of the sender. If you received this message by mistake, please reply to this message and follow with its deletion, so that we can ensure such a mistake does not occur in the future.
[Quoted text hidden] Received 2/22/2024 ROC Legal
Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees
Person Filing Complaint Full Name (First Middle Last) Business Name (if a licensed contractor or supplier) ROC License Number(s) (if any)
Georganna Tait Mailing Address (Enter jobsite in Contract/Project section) City State Zip
7838 E. Mariposa Drive Scottsdale Arizona 85251 Phone Number Email
[number redacted] [email redacted] I consent to receive communications electronically in connection with this case Name of Attorney (if any)
Street Address of Attorney City State Zip
Phone Number of Attorney Email of Attorney
Contractor Information Name (as shown on contract/invoice) ROC License Number(s)
Matador Construction LLC ROC 322090 Street Address City State Zip
1302 W 23rd St Suite 11 Tempe Arizona 85282 Phone Number Email
602 558 0680 [email redacted] Name of Person(s) Representing License
Cindy Sugey Zarate Contract/Project Information Contract Date Contract Amount Amount Paid
July 13, 2023 $72,200.07 $16,829.28 Date Work Started Date Work Stopped Date Work Was Completed
July 17, 2023 October 12, 2023 Close of Escrow (New Home) Move-In Date (New-Home)
Jobsite Street Address City State Zip
7838 E. Mariposa Drive Scottsdale AZ 85251 Name of Construction Site Owner Construction Site Name (if applicable)
Patti Phone Number of Construction Site Owner Email of Construction Site Owner
[number redacted] [email redacted] This complaint is for Poor Work I have contacted the contractor by Phone/Text Have you filed a complaint in court? No
RCC099 12/05/18 Page 1 of 3 Received 2/22/2024 ROC Legal
Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees
Has any work been corrected? No
The contract was Written All change orders were Oral This project was Residential This project involved Repair
A building permit was obtained by N/A List and briefly describe each complaint item (Please do not write "see attached" or use additional pages unless necessary to further describe issues or list more complaint items) (limited to 100 characters per line)
Preparing home for construction in the middle of July with doors wide open and air set to 68 degrees.; Home appliances placed on patio in extreme heat, not covered or protected ; Two kitchen drawers not packed by packing company with personal property on patio and used as a trash container. ; Removed tile from the entire house without covering any closets or doors resulting tile dust coating all personal property. ; Did not wear shoes covers in only room of remaining carpet staining it with a black tar like substance.; Personal towels from linen closet used for construction cleanup. Found outside on ground. ; Paint lines bled into each other. I was told painting is complete.; Cabinet doors in hall only the faces are painted with primer. ; New tile has been chipped in several areas. ; Missing grout in new tile.; Uneven tiles. ; Original closet doors do not slide properly once rehung.; Cleaning personnel requested to clean master bath after the tile mishap. Left it a mess and broke the bulb off and left it in the light socket.; New cabinets arrived for dining room wrong size. ; New cabinets arrived for laundry room wrong size.; Door frame in laundry room cut in half to accommodate wrong size cabinets.; Walkway width in laundry room reduced to 34 inches due to oversized cabinets. ; Complete set of oversized cabinets in laundry room could not be installed because the attic crawl space entrance would be blocked. ; Laundry room cabinets with visible nicks and chip damage. ; Nails visible in kitchen ceiling drywall.; Hot water drainage pipe relocated to a lower position. More work needed to complete job but workers have left a wide open communication between the house and outside carport for several weeks making my home vulnerable to outside critters. ; Drywall separating above air register. ; Drywall repair workmanship unsatisfactory in bedroom window. ; Garbage disposal, faucet and accessories put outside without being properly covered and protected.; Hot Water Heater outside on patio not protected or covered.; Incorrect size cabinets in dining room to kitchen island would not provide a 36" clearance.; Window sill in dining room still old paint color after being told several times it was already repainted.
RCC099 12/05/18 Page 2 of 3 Received 2/22/2024 ROC Legal
Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees
Signature I declare under penalty of perjury that the information and documents contained on this Complaint Form, included with this complaint, or hereafter submitted in support of this complaint are true and accurate to the best of my knowledge. I will assist in the investigation or in the prosecution of the contractor or other parties, and will, if necessary, attend hearings and testify to facts. Printed Name Signature Date
Georganna Tait \complainant1\ \complainantd1\
RCC099 12/05/18 Page 3 of 3 Received 2/23/24, 7:56 AM State of Arizona Mail - WRITTEN ANSWER TO CITATION AND COMPLAINT NO. 2023-11870 2/22/2024 ROC Legal
Answers - AZROC <[email redacted]>
WRITTEN ANSWER TO CITATION AND COMPLAINT NO. 2023-11870 message
Andrew DiCarlo <[email redacted]> Thu, Feb 22, 2024 at 3:51 PM To: [email redacted] Cc: "[email redacted]" <[email redacted]>
To whom it may concern,
Please see the attached on behalf of the Respondent.
-- Andrew R. DiCarlo, Esq. Attorney at Law DICARLO LAW, PLC 15029 N. Thompson Peak Pkwy Suite B-111, #406 Scottsdale, Arizona 85260 Email: [email redacted] Telephone: (602) 341-5154
NOTICE: The information contained in this electronic mail transmission is intended by DiCarlo Law PLC for the use of the named individual or entity to which it is directed and may contain information that is privileged or otherwise confidential. It is not intended for transmission to, or receipt by, anyone other than the named addressee or a person authorized to deliver it to the named addressee). It should not be copied or forwarded to any unauthorized persons. If you have received this electronic mail transmission in error, please delete it from your system without copying or forwarding it, and notify the sender of the error by reply email or by calling DiCarlo Law PLC at 602-341-5154, so that our address record can be corrected.
attachments 20240222 - WACC -v1.pdf 245K Exhibit B.pdf 33K Exhibit A.pdf 282K
https://mail.google.com/mail/b/AEoRXRQKcZJ7wRA7HJBYBUyKgpO_0JAyRg_Lib2lmQvUxcFoV4xl/u/0/?ik=581c53cf5c&view=pt&search=all&permt… 1/1 Mediation Notice
Mediation Services Mediation services are available to the parties. What is Mediation? Mediation is a method of resolving disputes where the parties can end conflict without the expense and time associated with the full administrative process. Who Participates in During mediation, a mediator will attempt to help the Mediation? parties find an optimal solution to the conflict. Both parties must agree to participate in mediation, and both parties must bring a representative to mediation that has full authority to settle the entire matter. Mediation Is Not Neither the Registrar nor the Office of Administrative Mandatory Hearings will penalize a party for not agreeing to mediation. Where do the Parties The parties will meet at the Office of Administrative Meet for Mediation? Hearings to participate in mediation.
The Office of Administrative Hearings is located at 1400 West Washington, Suite 101, Phoenix, Arizona 85007. When does Mediation can occur after the Registrar issues a citation, but Mediation Occur? before the administrative hearing. Why Should Parties Mediation can be an alternative to the full administrative Consider Mediation? process. Mediation is beneficial because it is (1) time- efficient, (2) cost-effective, (3) confidential, and (4) capable of providing flexible solutions to complex problems. How to Request If the parties wish to mediate this case, they must file a Joint Mediation Request for Mediation with the Office of Administrative Hearings. A Joint Request for Mediation is included with this Mediation Notice. REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA _________________________ Case No. _______________ COMPLAINANT,
v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.
REQUEST
The parties jointly request that this matter be referred to mediation in the Office of Administrative Hearings (OAH). ☐ This matter is set for hearing on __________________(date). ☐ This matter is not currently set for hearing. MEDIATION AGREEMENT By requesting this mediation and signing below, the parties understand, represent, and agree: 1. The parties are prepared to commence mediation and will be ready for mediation on _____________________(date); 2. The parties will participate in the mediation process in good faith; 3. This request for mediation is not intended to hinder or delay administrative proceedings; 4. No party will contend that the mediation limits the power of OAH and its administrative law judges to conduct an administrative hearing and issue decisions under A.R.S. §§ 41-1092 – 1092.12; 5. The parties will be courteous and respectful throughout the mediation process to all participants; 6. The mediation is completely voluntary and the principal purpose is to allow the parties a full and fair opportunity to discuss settlement; of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 7. The mediator may conduct joint and separate meetings with the parties and may suggest resolutions to the parties’ dispute, but the mediator has no authority to impose a settlement upon the parties; 8. The mediation process is confidential. Communications made, material created for or used during, and acts occurring during mediation are confidential and may not be discovered or admitted into evidence in any proceeding except as provided by A.R.S. § 12-2238; 9. The mediator is not subject to service of process or a subpoena to produce evidence or to testify regarding any evidence or occurrence relating to the mediation except as provided in A.R.S. § 12-2238(C); 10. Neither the mediator, nor the Registrar of Contractors, nor the Office of Administrative Hearings is subject to civil liability for any act or omission in connection with any mediation service or activity except for acts involving
intentional misconduct or reckless disregard of a substantial risk of injury to the rights of others; 11. Throughout the mediation process, each party must have a representative present who will have full settlement authority to settle all claims at issue in the administrative
proceeding. 12. The mediation process will terminate when: a. The parties reach settlement; b. The mediator determines that further efforts at mediation are no longer likely
to achieve a settlement; or c. One of the parties withdraws from mediation. _____________________________________ _______________________ Complainant (or representative) Date
_____________________________________ _______________________ Respondent (or representative) Date
of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 PREHEARING DISCLOSURE STATEMENT INSTRUCTIONS ***DO NOT SUBMIT THESE INSTRUCTIONS WITH THE PREHEARING DISCLOSURE FORM***
ADMINISTRATIVE RULES A copy of the Arizona Administrative Code’s Rules for the Registrar of Contractors can be located on the Registrar’s Website.
PREHEARING DISCLOSURE REQUIREMENT Under A.A.C. R4-9-118(A), before a hearing, the parties must prepare a disclosure statement. The disclosure statement must contain: • A list of all the witnesses the party will call to testify, including the witnesses’ contact information and a brief description of the subject matter of the witnesses’ expected testimony; and • A list of all the exhibits that the party will use at the hearing.
FILE PREHEARING DISCLOSURE STATEMENTS • The Prehearing Disclosure Statements and Exhibits may be submitted to the Arizona Office of Administrative Hearings using any of the following: • Electronically: https://portal.azoah.com/submission/ • In-Person or by Mail: 1740 West Adams Street, Lower Level, Phoenix, Arizona 85007
EXCHANGING DISCLOSURE STATEMENTS AND EXHIBITS Under A.A.C. R4-9-118(B) (effective November 5, 2017), a party to the hearing must serve on every other party and file with the Office of Administrative Hearings a copy of: • The disclosure statement; and, • Any exhibit that the party will use at the hearing. Service: The disclosure statement and exhibits must be served on all parties in accordance with Arizona Administrative Code R2-19-108 Filing Documents. Under A.A.C. R2-19-108, service is completed by: • Personal delivery; • 1st class, certified or express mail; or • Facsimile. Timing: The disclosure statement and the exhibits must be served and filed not less than seven calendar days before the date of the hearing. Under A.A.C. R2-19-108, a document is served on a party: • On the date it is personally served; • Five days after it is mailed by express or 1st class mail; • On the date of the return receipt if it is mailed by certified mail; or • On the date indicated on the facsimile transmission.
CONSEQUENCES FOR FAILING TO DISCLOSE Under A.A.C. R4-9-108(C), if a witness or an exhibit is not timely disclosed as required the rules, and good cause for the failure to disclose is not shown, then the administrative law judge may: • Order that certain witnesses or exhibits not be used at the hearing; • Order that a particular fact is or is not established for the record; or, • Order that a charge, a defense, a claim, or some portion thereof, be dismissed.
Form RC-L-800A Prehearing Disclosure Statement Rev. 10/08/2019 Instructions Form PREHEARING DISCLOSURE STATEMENT FORM RC-L-800A
PART 1: WITNESS LIST DOCKET NO. Under A.A.C. R4-9-118(A), before a hearing, a party must prepare a disclosure statement containing a list of all the witnesses the party will call to testify, including the witnesses’ contact information and a brief description of the subject matter of the witnesses’ expected testimony. If you need additional space to list all witnesses, complete and attach additional Witness Lists. Example 1. Name 2. Telephone Number 3. Email Address
John Doe (123) 456-7890 [email redacted] 4. Subject Matter of Expected Testimony
John Doe will testify regarding the poor workmanship and poor installation of the Garage Door. Mr. Doe will also testify regarding the invoices and change orders for the project.
Witness 1. Name 2. Telephone Number 3. Email Address
4. Subject Matter of Expected Testimony
Witness 1. Name 2. Telephone Number 3. Email Address
4. Subject Matter of Expected Testimony
Witness 1. Name 2. Telephone Number 3. Email Address
4. Subject Matter of Expected Testimony
Witness 1. Name 2. Telephone Number 3. Email Address
4. Subject Matter of Expected Testimony
Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 1 of 3 PART 2: EXHIBIT LIST DOCKET NO. Under A.A.C. R4-9-118(A), before a hearing, a party must prepare a disclosure statement containing a list of all the exhibits that the party will use at the hearing. Note: All exhibits listed below must be provided to all parties to the hearing. See A.A.C. R4-9-118(B). If you need additional space to list all witnesses, complete and attach additional Exhibit Lists. Example Contract for new garage door. Invoice #10001 – Cost for garage door replacement.
Exhibit Exhibit Name
Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 2 of 3 PART 3: ACKNOWLEDGEMENT & SIGNATURE I certify that the above information is true and correct and that I will serve a copy of this disclosure statement and any exhibits listed in Part 2 to all parties to the hearing in accordance with A.A.C. R4-9-118. I acknowledge and understand that if I fail to properly disclose a witness or exhibit, the administrative law judge may: • Order that certain witnesses or exhibits not be used at the hearing; • Order that a particular fact is or is not established for the record; or, • Order that a charge, a defense, a claim, or some portion thereof, be dismissed.
I am the (check one): Complainant Respondent Docket No.
Print Name Signature Date
Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 3 of 3