2023A-11969-NPC-ROC Notice of Hearing and Packet MAILED X1.pdf

2023A-11969-NPC-ROC · Registrar of Contractors · 2023-12-05

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Home Provisions LLC Case No. 2023-11969 DBA: Home Provisions and Construction, Docket No. 2023A-11969-NPC-ROC COMPLAINANT, NOTICE OF HEARING ON v. CONTESTED CASE

Living Space Designs LLC License No. ROC 340582,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

January 10, 2024 1:00 PM Brian Del Vecchio 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 November 3, 2023.

SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED The complaint and citation allege that the Respondent committed the following act(s):

Charge: 1 A.R.S. § 32-1154(A)(10)

THE PARTIES TO THE ADMINISTRATIVE HEARING Because Respondent is a licensee and is charged with an act(s) or omission(s) that is

cause for the suspension or revocation of a license, Respondent is a party to this case and will

be a party to the hearing.

Because Complainant alleged Respondent committed an act(s) or omission(s) that is cause for the suspension or revocation of a license, Complainant is a party to this case and will be a party to the hearing. Respondent and Complainant, as the parties to the hearing, will present evidence and argument to the administrative law judge.

RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney. A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented by an officer or employee if that person satisfies the conditions set forth in A.R.S. § 32-

1156(B).

CHANGE OF ADDRESS Each party must inform the Registrar and the Office of Administrative Hearings of

any change of address within five (5) days of the change. A.R.S. § 41-1092.04.

HEARING PROCEDURES AND RULES The administrative hearing will be conducted in accordance with A.R.S. §§ 41-1092

to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and

processes governing the administrative hearing. Copies of the statutes, rules, and articles regarding the administrative hearing process can be found at https://www.azoah.com/.

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE The Registrar’s investigators, employees, and attorneys will appear at the hearing via video conference or telephone unless requested by a party to appear in-person. Requests for the Registrar’s investigators, employees, or attorneys to appear in-person must be filed with the Registrar and the Office of Administrative Hearings no later than seven (7) calendar days prior to the hearing date.

HEARING PACKET In the interests of administrative efficiency, the Registrar compiles and discloses

certain documents to the parties and the Office of Administrative Hearings. These documents

are attached to this Notice of Hearing as the “Hearing Packet.” If any party wishes to submit

additional evidence, they must do so during the hearing after completing a disclosure statement. See “Disclosure Statement” section below. SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS The parties to the hearing must be prepared to present evidence in support of their

case. If a party wants to obtain testimony from a witness or documents not in the party’s

possession, the party must prepare and file a written subpoena for the Administrative Law

Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a

subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com. The party seeking a subpoena must serve notice on all the parties to the hearing, and on the Registrar. A.R.S. § 41-1092.04.

DISCLOSURE STATEMENT At least seven calendar days before the hearing, each party must prepare and serve a

disclosure statement on all other parties, and file it with the Office of Administrative Hearings.

A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the

party will use at the hearing. A party’s failure to timely disclose any witness or exhibit, without good cause, may result in the administrative law judge excluding those witnesses or exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is available on the Registrar’s website at https://roc.az.gov/content/prehearing-disclosure- statement.

CHANGING THE HEARING DATE

The date of the hearing may only be advanced or delayed on the agreement of the parties or on a showing of good cause. A.R.S. § 41-1092.05(C). The date of the hearing may be changed by filing a written agreement of the parties to change the date of the hearing. The written agreement must be filed with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmitted to the Registrar and all other parties. The assigned Administrative Law Judge may be found on the Office of Administrative Hearings’ web portal at www.azoah.com If a party would like to move the date of the hearing without agreement of all parties, the party must file a written motion with the Office of Administrative Hearings, directed to the

assigned Administrative Law Judge, and transmit a copy to the Registrar and all other parties.

The motion must state in detail good cause for why the date of the hearing should be advanced

or delayed, and the position of all other parties regarding the advancement or delay.

A party may also file a motion asserting a right to an expedited hearing upon a showing of extraordinary circumstances or the possibility of irreparable harm. A.R.S. § 41-1092.05(E).

RESOLUTION SHORT OF ADJUDICATION

In any case which is resolved or settled by the parties, or which is withdrawn by the

Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of the resolution or settlement. Any such cases will be listed on the Registrar’s website and its records under the category: “Closed Complaints – Resolved/Settled/Withdrawn.” Dated November 30, 2023.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail November 30, 2023 to:

Respondent(s) Living Space Designs LLC 5635 E River Rd Ste 111 Tucson, AZ 85750 Complainant(s) Home Provisions LLC DBA: Home Provisions and Construction 14270 N Tortolita Est Dr. Tucson, AZ 85755

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. 2023-11969 /

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

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Via U.S. Mail and Email

Complainant Home Provisions LLC DBA: Home Provisions and Construction 14270 N Tortolita Est Dr. Tucson, AZ 85755

Via U.S. Mail and Email

Respondent Living Space Designs LLC 5635 E River Rd Ste 111 Tucson, AZ 85750

Re: Complaint No. 2023-11969

Dear Complainant and Respondent:

The Registrar received a complaint filed against Living Space Designs LLC for non-payment of materials or services rendered. This complaint is complete and will be substantively reviewed by the Registrar.

Respondent is free to raise any issue or affirmative defense to this complaint by filing a response with the Registrar by October 25, 2023. Please reference the complaint number listed above if you file a response. Respondent may file a response by:

Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Email: [email redacted]

The Registrar will not issue a citation before October 25, 2023 and will review Respondent’s response, if one is submitted.

Please be advised that a response to the complaint is not the same as a written answer. If the Registrar issues a citation Respondent must file a written answer to that citation in accordance with A.R.S. § 32-1155.

Sincerely,

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 /s/ Shaquira Adebule Shaquira Adebule Legal Assistant II Legal Department and Recovery Fund AZ Registrar of Contractors 602-542-1525

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

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! 822 "##"2 2$212%&' 01(()*7+,-' + !' + #('#80.)00//1/.17)1)./0+ '#80.)00//1/.17)1).0 020 Received 10/29/2023 Legal Department Arbuckle Project - Home Provisions Accounting

Job Name: Arbuckle

This is the email I sent to Patrick at Home Provisions after I had to fire him from this job after he failed to continue working on this job for over four weeks and the quality of the work was also subpar.

Email to Home Provisions for the accounting

Attachment sent to Home Provisions with the email above Received 10/29/2023 Legal Department Received 10/29/2023 Legal Department

When I sent Patrick the email above, the project was 65% complete. It is now 95% complete. Here is the updated spreadsheet with pictures, receipts, corrections and additions below. Received 10/29/2023 Legal Department ORIGINAL LABOR CONTRACT $44,000 Price Paid Description of Work Not Finished Credit Due to LSD

Prepare house for construction & General Demolition: $6,500 $10,000 Remove & haul away all cabinets, countertops, flooring, plumbing fixtures, interior doors, interior trim & all lighting fixtures. Demo & haul away walls in the ktichen, primary bath walls includingtub & shower and shower in the hall bath, & the fireplace and shelf surround in office. Allowance Dumpster / Portable Restroom: Allowance

$6,000 Framing & Carpentry: $2,500 Frame in for a new doorway & pass through in the kitchen, new primary bathroom extrior wall & partition wall. Cut out existing fireplace & prep for a new electric fireplace. Remove one door in primary bedroom closet. Allowance Includes Insulation as needed. ? Received 10/29/2023 Legal Department Prep, texture, sand and prep for paint all walls that have been opened and new All drywall was not finished. Touch up needed in walls that have been installed. Texture all walls in the house to match new skip several areas. Once countertop was installed, trowel texture. Patch ceiling as needed passthrough in the kitchen was cut too high. and keep same texture. Allowance. Repair and drywall: $7,000 $10,000

Receipt from Manzo Drywall -$600

Samples of drywall repair at Arbuckle Plumbing Rough: Prep for new kitchen fixtures, two bathroom vanities and showers. Allowance $3,000 Received 10/29/2023 Legal Department Electrical Rough: $8,000 Prep for all new lights in the house, add ceiling recessed lights with dimmers. Allowance $5,000

Lights to be bought separately. ? Switches, Dimmers, outlets not included. ?

Cabinets-Installation: $3,500

The cabinet installation was never finished. The floating shelves in the kitchen was never installed, the trim was not finished, the countertop cabinets in the Install new kitchen cabinets, vanity cabinets in both bathrooms, floating fireplace kitchen were cut too high and new parts had to be and floating fireplace deck. Allowance. ordered. Cabinet pulls were not installed, final trimout was not done. The floating fireplace in the deck was never installed. See photo below. Received 10/29/2023 Legal Department -$1,604

Receipts of Cabinet Installation and Repairs

Countertops: by others

On a separtate order $ -

Backsplash and Flooring:

Plumbing Finish: $2,500 -$2,500 Install new fixtures and connect dishwasher in the kitchen, install all Not done, contracted plumber directly to finish fixtures in both bathrooms. Allowance. Electrical Finish: $3,500 $6,000 Trim out all lights, outlets and dimmers. Allowance Contacted electrician and let them know how much we paid, he promised to finish the trimout without further payment Painting: TBD Paint all walls, ceiling and trims. Paint provided. Below in a change order Millwork & Finishes: $4,000 Install new baseboard & door trim throughout house. Install & adjust new interior doors. Install new hardware for all doors. Install new wood beams in None was done -$4,000 the office. Allowance. Touch up, clean up & final details: $1,000 -$1,000 Touch up all surfaces. Install all pulls, accessories in the bathrooms. Final construction clean. None was done

Appliances: $1,000 -$1,000 Vent for a new hood in the kitchen. Install new hood per design. Allowance. Not done Received 10/29/2023 Legal Department Management Fee: $4,500 -$2,000 Patrick barely showed up at the jobsite, our own project manager, Jason took over starting in July.

CHANGE ORDERS- ADDITIONAL ORDERS

Change Order: Inv#3119 Addl Texture $6,000 $6,000

Change Order #3144

Plumbing $1,000 $1,000 Received 10/29/2023 Legal Department Drywall Texture $6,000 $6,000 This is a duplicate change order -$6,000

Painting - all interior walls, ceilng, trim and touch up None of the trim or doors were finished and none of $10,900 $10,900 the touch up was finished. See photos from drywall and -$1,000 below.

Paint Touch Up Pics and Doors with No Paint and No Trim with No Paint

Receipts of Painting by subs and our employees Received 10/29/2023 Legal Department

-$1,000 Change Order:Inv#3138 Electrical Rough In Overage $4,775 $4,775 Received 10/29/2023 Legal Department Change Order: Inv#3156 *Doors (12) Labor for Install (12) $4,520 $4,520 We only have 10 doors onsite, we are missing the pocket door to the master bathroom and the door to the boiler. Wix doors were installed.We have to have it cut down since it is the wrong size. We had to re-install all the doors because none of them were installed plum to the walls. See photos. None of the doors were painted. Received 10/29/2023 Legal Department Adjust all doors -$350 Refund for Two Doors -$180

Receipt for re-installing Doors

Change Order - Clean up back yard $ 1,600.00 $ 1,600.00 $1,600 7.27.23 7.27.23 and debrisLeft $1,600 Left garbage garbage in the and debris back yard- had toinclean the up $ -$100(250.00) Total Paid back yard- had to clean up Credit

$78,795 $74,795 -$21,334

Total Due Back to Living Space Designs for Arbuckle Project -$17,334 00121234ÿ06723ÿ89 ÿÿ8 ÿ9 ÿÿ ÿ262300ÿ Received 11/1/2023 Legal Department

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ROC Case: 2023-11969

Response from Living Space Designs LLC

Please see the attached sheets with details of our response. We believe that we do not owe Home Provisions any money. In fact, Home Provisions, owes us money. Some of the projects Home Provisions are asking for payment are not finished as of 11.1. 23, so some of these figures are estimates based on conversations and emails from sub contractors working our projects. If needed, we can provide, further details, proof of payments and witnesses to proove the validity of the details of these documents.

Due Home Provisions Due Living Space Designs 1. Dal (3112) $2,228.00 2. Arbuckle (3119, 3162) $17,334.00 3. Hanover (3163) $931.16 5. Shaddy (3165) $1,330.00 6. Hanover (3163) 0 0 7. Hill (3174) $1,208.32 8. Gerard (3186) $6,250

Total Due Living Space Designs: $7,248.84

Sincerely,

Helen Burch Received 11/1/2023 Legal Department

5. Shaddy three bathroom remodel. This is a job I asked hounded him about for three months before finally firing him after I realized that he was not going to fix the problems with the underlayment and the tiling that was subpar. Please see the details below.

Below is the first email I sent him after numerous conversations, meetings and text messages between myself and my project manager and Patrick.

This is the 2nd email I sent him with two attachments. Received 11/1/2023 Legal Department

Attachment 1 Received 11/1/2023 Legal Department Received 11/1/2023 Legal Department Received 11/1/2023 Legal Department Received 11/1/2023 Legal Department Original Contract invoice from Home Provisions for Tile Work

Deposit made to Home Provisions Received 11/1/2023 Legal Department

Hired Pima Tile to repair and finish the job. Invoice and Pictures after job was finished. Received 11/1/2023 Legal Department

Total Amount Due Home Provisions $1,330.00 Received 11/1/2023 Legal Department 6. Hanover ( 3163) There were three approved change orders. One was to add an outlet for a blind, one was to change out three toilets and one was when Patrick called me to say that he was going over budget for painting. The $4000 change order was sent to me three months after the electrcian had started working and there were no changes to the design. This is therefore the subcontractor's problem. If Home Provisions wants to go back to the customer to try to collect this money, Patrick is welcome to try but I have a scope of work with the contract that he sent me via quickbooks with no change orders that we sent him. We will not pay for a change order that was never requested. We made no changes.

7. Hill (31740 - Home Provisions only submitted a bill for the electrical but he failed to state that he was contracted to do more parts of the project than just the electrical. We paid him for other parts of the remodel. We paid him in full for other parts of the remodel that we ended up hiring other trades to finish. Please see the details listed below. Received 11/1/2023 Legal Department A. Framing and drywall - we had to correct his framing and drywall in several areas as seen by the hours and receipts below. Craig Slury - framing and pocket door, laundry room $700.00 Wayne Anderson - Venting for laundry room incorrctly done, framing, remove lights $975.00 and window treatments, re-organize furniture not properly stored by Home Provisions

Manzo $415.00 Received 11/1/2023 Legal Department

Receipts for materials $553.18 Received 11/1/2023 Legal Department B. Electrical - I don’t feel that we owe the total amount of the contract because Home Provisions only did the rough in and partial of the trim out. The trimout they did, we had to do again because they used old parts in " Almond" that we never use in our remodels. Patrick Talley knows this. When we complained to his electrian, he told us that Patrick approved this even though every remodel we have done with Patrick, we have used white or off white dimmers by Lutron and screwless plates. Please see below the bills we have from another electrician that we used to finish the job. WE have not received the final bill yet but it will be close to this estimate.

PNR Estimate $2,186.00

Total Amount for Hill Contract Home Provisions is Demanding $12,075.00

Total Amount Living Space Designs Paid for Electrical $6,037.50

Total Amount Living Space Designs is Demanding from Another Contract Home Provisions has not fulfilled from a fully Paid Contract Detailed Above $4,829.18

Total Amount Owed to Home Provisions $1,208.32

8. Gerard - This is a project that was supposed to start in the first week of May. Home Provisions was supposed to get the permit in May and get started in the summer because the home owner was coming back into town Mid October. Starting in May, I started asking Patrick for a contract and drawings for the permit. Every week at our weekly meetings he assured me he had met with the drafter and the engineer and everything had been handled. Finally in July, I finally started getting worred and I checked with Pima County and I saw the permit had been file. I was releived so I started just bugging him about getting the foundation done. August came along and still no work was done. By this time, we had several projects going badly with his company. I started to pull projects from him and gave him a deadline for this one. I was really getting worried that we would never get done.

By the end of August, I could not wait any longer. I got my in house team together and had my guys take over. The HVAC was halfway done, the beam across the kitchen was barely haflway done and the two bathrooms were barely demo'd. Nothing else had been touched. I had a framer come in to help us get the beam installed properly to pass inspection. When we had the intermediate inspection done, they told us the plans were missing the gas line so we would have to add that. I had to get another architect involved and that took another week and and an addition to the permit. We finally got our electian, plumber, HVAC guy, framer all together and got the work done. It took working over time and over three weeks of work. Please see the billing and the details below.

Home Provisions charged up $2900 for the beam pictured below. It was not a full installaton. We had to beef up the installation Received 11/1/2023 Legal Department

$1,450.00

Added support with help from framer for intermediate inspection Received 11/1/2023 Legal Department

Home Provisions Demand Amount $7,700.00 Living Space Designs Demand Amount $1,450.00

Total Amount Due Home Provisions $6,250.00 Received 11/1/2023 Legal Department Case # 2023-11969

This is our response to the complaint.

1. Dahl(3112). I acknowledge that this is the correct amount owed to Home Provisions for this project. The reason this job has not been paid is because we are finalizing accounting of seven other jobs which are not finished and which he owes us money for.

2. Arbuckle (3119) and (3162)- We dispute the accounting in the complaint and have detailed our records of the the project as follows. If needed, we can produce witnesses and records of payments for all the details listed below.

Job Name: Arbuckle

Email to Home Provisions for the accounting Received 11/1/2023 Legal Department Attachment sent to Home Provisions with the email above Received 11/1/2023 Legal Department

ORIGINAL LABOR CONTRACT $44,000 Price Paid Description of Work Not Finished Credit Due to LSD

$6,000 Framing & Carpentry: $2,500 Frame in for a new doorway & pass through in the kitchen, new primary bathroom extrior wall & partition wall. Cut out existing fireplace & prep for a new electric fireplace. Remove one door in primary bedroom closet. Allowance Received 11/1/2023 Legal Department Includes Insulation as needed. ? Prep, texture, sand and prep for paint all walls that have been opened and new All drywall was not finished. Touch up needed in walls that have been installed. Texture all walls in the house to match new skip several areas. Once countertop was installed, trowel texture. Patch ceiling as needed passthrough in the kitchen was cut too high. and keep same texture. Allowance. Repair and drywall: $7,000 $10,000

Receipt from Manzo Drywall -$600.00

Samples of drywall repair at Arbuckle Plumbing Rough: Prep for new kitchen fixtures, two bathroom vanities and showers. Allowance $3,000 Received 11/1/2023 Legal Department Electrical Rough: $8,000 Prep for all new lights in the house, add ceiling recessed lights with $5,000 dimmers. Allowance Lights to be bought separately. ? Switches, Dimmers, outlets not included. ?

Cabinets-Installation: $3,500 The cabinet installation was never finished. The floating shelves in the kitchen was never installed, the trim was not finished, the countertop cabinets in the kitchen Install new kitchen cabinets, vanity cabinets in both bathrooms, floating fireplace were cut too high and new parts had to be ordered. and floating fireplace deck. Allowance. Cabinet pulls were not installed, final trimout was not done. The floating fireplace in the deck was never installed. See photo below. Received 11/1/2023 Legal Department -$1,604.00

Receipts of Cabinet Installation and Repairs

Countertops: by others

On a separtate order $ -

Backsplash and Flooring:

Plumbing Finish: $2,500 -$2,500.00 Install new fixtures and connect dishwasher in the kitchen, install all Not done, contracted plumber directly to finish fixtures in both bathrooms. Allowance. Electrical Finish: $3,500 $6,000 Trim out all lights, outlets and dimmers. Allowance Contacted electrician and let them know how much we paid, he promised to finish the trimout without further payment Painting: TBD Paint all walls, ceiling and trims. Paint provided. Below in a change order Millwork & Finishes: $4,000 Install new baseboard & door trim throughout house. Install & adjust new interior doors. Install new hardware for all doors. Install new wood beams in None was done -$4,000.00 the office. Allowance. Touch up, clean up & final details: $1,000 -$1,000.00 Touch up all surfaces. Install all pulls, accessories in the bathrooms. Final construction clean. None was done

Appliances: $1,000 -$1,000.00 Vent for a new hood in the kitchen. Install new hood per design. Allowance. Not done Received 11/1/2023 Legal Department Management Fee: $4,500 -$2,000.00 Patrick barely showed up at the jobsite, our own project manager, Jason took over starting in July.

CHANGE ORDERS- ADDITIONAL ORDERS

Change Order: Inv#3119 Addl Texture $6,000 $6,000

Change Order #3144

Plumbing $1,000 $1,000 Received 11/1/2023 Legal Department Drywall Texture $6,000 $6,000 This is a duplicate change order -$6,000.00

Painting - all interior walls, ceilng, trim and touch up None of the trim or doors were finished and none of the $10,900 $10,900 touch up was finished. See photos from drywall and -$1,000.00 below.

Paint Touch Up Pics and Doors with No Paint and No Trim with No Paint

Receipts of Painting by subs and our employees -$1,000.00 Received 11/1/2023 Legal Department

Change Order:Inv#3138 Electrical Rough In Overage $4,775 $4,775 Received 11/1/2023 Legal Department Change Order: Inv#3156 *Doors (12) Labor for Install (12) $4,520 $4,520 We only have 10 doors onsite, we are missing the pocket door to the master bathroom and the door to the boiler. Wix doors were installed.We have to have it cut down since it is the wrong size. We had to re-install all the doors because none of them were installed plum to the walls. See photos. None of the doors were painted.

Adjust all doors -$350.00 Refund for Two Doors -$180.00 Received 11/1/2023 Legal Department

Receipt for re-installing Doors

Change Order - Clean up back yard $ 1,600.00 $ 1,600.00 $1,600 7.27.23 7.27.23 and debrisLeft $1,600 Left garbage garbage in the and debris back yard- had toinclean the up $-$100.00(250.00) Total Paid back yard- had to clean up Credit

$78,795 $74,795 -$21,334.00

Total Due Back to Living Space Designs $17,334.00

4. Hanover (3139)

This is a project where the homeowner started complaining about Home Provisions from the beginnning because he made promises and didn’t deliver. He promised to move all their furniture to the garage and keep them covered safely but he never even showed up on the first day of the job. His guys showed up with no supervision and dinged up the furniture and the doors. My client complained about curtain rods his crew damaged, drywall and mud they threw out on the landscaping and just general carelessness on the jobsite At the client's request, we had to fire him off the job when we were about 85% done with the job. When we did a walk through, the clients made a list a page long and asked us to make repairs. They continued to add to the list. Once they moved in and starting using their shower, they discovered their bathroom shower would not drain the way it should and the bench in the shower had water puddling. We are still in the process of scheduling repairs. Received 11/1/2023 Legal Department Here is a list of repairs still to be performed and the costs to those. We still have not been paid for the full project because of these problems.

Here is a list that the homeowner had for me when I came to walk the house with them after she asked me to not have Patrick work on the house.

After our walkthrough, we had another list and then after or clients moved in, we had more problems. Here are the repairs that we are in the middle of. Received 11/1/2023 Legal Department A. Home Provisions Incorrectly used furniture board for baseboards. New ones had to be ordered and will need installation Materials re-ordered $336.00 Labor with trip charge $500.00

B. Home Provisions damaged homeowner's furniture and doors when they were moving furniture and performing during remodel $440.00

Here are some photos, more can be provided as evidence, if needed. Received 11/1/2023 Legal Department

Waste Water on Landscaping Diffusers never installed with strip lighting Chipped Tiles Water Puddling at Shower Floor

C. Home Provisions poured waste water down their landscaping and didn't clean up. Homeowner sent us the bill. Price included in B

D. Electrician never installed diffusers under the cabinets for the strip lighting and never finished the scope of work Estimate from Electrian who did the $750.00 listed in the original "scope of work" documents" original work

E. Pima Tile went to look at the situation with the fireplace tiles, shower bench and floor shower floor tiles. Ken, the Estimate for Labor $3,000.00 owner, says they will have to remove the bench top, remove the shower floor, remove the watertroop and reslope the floor and the bench, reset all the tiles and then grout it over. He will be all new tiles. He says he can replace the fireplace tiles at the same time. He estimates $3000 in labor. We informed Patrick Talley of Home Provisions on October 9th, 2023 that this problem was presented to us and that Pima Tile was going to take care of it.

Estimate for Materials $456.16 Received 11/1/2023 Legal Department .

F. Home Provisions took down drapery rods from the master bedroom and threw them away. They will need to be replaced. Estimate $200.00

G. Continuing list of punch list from customer below. Received 11/1/2023 Legal Department

This is a partial snip of the contract Home Provisions wants to be paid for. Please Note item 17. We are claiming credit for this list. Line 17 Credit $1,000.00 Received 11/1/2023 Legal Department

Total Due for Repairs to Living Space Designs from Home Provisions $6,682.16

Total of Contract $60,750.00 Total Paid -$55,000.00 $5,750.00

Total Due to Living Space Designs from Home Provisions $932.16 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Case No. 2023-11969 Home Provisions LLC, DBA: Home Provisions and Construction COMPLAINANT, CITATION v. Living Space Designs LLC License No. ROC 340582, RESPONDENT.

The Registrar issues this Citation to Living Space Designs LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by November 18, 2023, then under A.R.S. § 32-1155(C), Respondent’s failure to answer may be deemed an admission of the act or acts charged in the underlying complaint, and the Registrar may then suspend or revoke Respondent’s license(s). THE WRITTEN COMPLAINT On October 16, 2023, Home Provisions LLC DBA: Home Provisions and Construction (“Complainant”) filed a written complaint with the Registrar against Respondent. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating:

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602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Charge :1 A.R.S. § 32-1154(A)(10) — Failure by a licensee or agent or official of a licensee to pay monies in excess of $750 when due for materials or services rendered in connection with the licensee's operations as a contractor unless the licensee proves that the licensee lacks the capacity to pay and has not received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased. If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(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. 2023-11969. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways:

In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted] The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. of 5

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than November 18, 2023. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the of 5

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated November 3, 2023. By: /s/ Margaret Lindsey Margaret Lindsey Assistant General Counsel Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, November 3, 2023 to: of 5

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Respondent Certified Mail No: [number redacted] Living Space Designs LLC 5635 E River Rd Ste 111 Tucson, AZ 85750

Copy mailed by USPS First Class mail this same date to: Respondent Living Space Designs LLC 5635 E River Rd Ste 111 Tucson, AZ 85750 Complainant Home Provisions LLC DBA: Home Provisions and Construction 14270 N Tortolita Est Dr. Tucson, AZ 85755

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. 2023-11969 / SA

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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 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 1740 W Adams St., Lower Level, 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 ARIZONA REGISTRAR OF CONTRACTORS

Douglas A. Ducey, Governor Jeff Fleetham , Director

Form REQUEST TO CLOSE CASE RC-Lg-701A

Instructions Complete this form to request that the Registrar close a case where the Registrar previously issued a citation. Before the Registrar issues an order closing a case that resulted in citation, both parties must agree to the closure. After consideration, the Registrar may approve the request.

If both parties do not demonstrate their willingness for the Registrar to issue an Order of Closing by completing this form, then the matter will continue to proceed to administrative resolution. This means that, if not already done so:

The Respondent will be required to: 1. Submit a written answer as directed by the Citation and required under A.R.S. § 32-1155(A). o Failure to timely submit an answer may result in the admission of the allegations contained within the citation. A.R.S. § 32-1155(B); and 2. Request a settlement conference under A.R.S. §41-1092.06, if desired.

The Complainant will be required to establish, before the administrative law judge, the merits of their claim.

A. CASE INFORMATION 1. Case Number 2. Complainant 3. Respondent

B. PARTIES ACKNOWLEDGMENT & SIGNATURE Complainant acknowledges that by signing and submitting this Request to Close Case, if the Registrar grants this request: 1. The Registrar may decline to reopen this case; and 2. Complainant’s future remedies, if any, may be limited to another forum. Respondent acknowledges that by signing and submitting this Request to Close Case, if the Registrar grants this request: 1. Respondent’s license record will have a “Closed Case” designation associated with this case; and 2. This case will appear on the Respondent’s public license record available through the Registrar of Contractors’ website as a “Resolved/Settled/Withdrawn” case for a period of seven years.

_____________________ _____________________ ______________ Complainant’s Name Complainant’s Signature Date

_____________________ _____________________ ______________ Respondent’s Name Respondent’s Signature Date

1700 W. Washington Street, Suite 105 ● Phoenix AZ 85007-2812 602.542.1525 ● Within AZ 877.692.9762 ● Fax 602.542.1599 ● www.roc.az.gov

Form RC-Lg-701A Request to Close Case Rev 1/18/2019 Page 1 of 1 October 18, 2023

Via U.S. Mail and Email

Complainant Home Provisions LLC DBA: Home Provisions and Construction 14270 N Tortolita Est Dr. Tucson, AZ 85755

Via U.S. Mail and Email

Respondent Living Space Designs LLC 5635 E River Rd Ste 111 Tucson, AZ 85750

Re: Complaint No. 2023-11969

Dear Complainant and Respondent:

Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Email: [email redacted]

The Registrar will not issue a citation before October 25, 2023 and will review Respondent’s response, if one is submitted.

Sincerely,

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 /s/ Shaquira Adebule Shaquira Adebule Legal Assistant II Legal Department and Recovery Fund AZ Registrar of Contractors 602-542-1525

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 Received by Investigations 10/16/2023 2023-11969 Received by Investigations 10/16/2023 2023-11969 Received by Investigations 10/16/2023 2023-11969 Received by Investigations 10/16/2023 2023-11969 Received by Investigations 10/16/2023 2023-11969 Received by Investigations 10/16/2023 2023-11969 Received by Investigations 10/16/2023 2023-11969 Received by Investigations 10/16/2023 2023-11969 Received by Investigations 10/16/2023 2023-11969 Received by Investigations 10/16/2023 2023-11969 Received by Investigations 10/16/2023 2023-11969 Received by Investigations 10/16/2023 2023-11969 Received by Investigations 10/16/2023 2023-11969 Received by Investigations 10/16/2023 2023-11969 Received by Investigations 10/16/2023 2023-11969 Received by Investigations 10/16/2023 2023-11969 Received by Investigations 10/16/2023 2023-11969 Received by Investigations 10/16/2023 2023-11969 Received by Investigations 10/16/2023 2023-11969 Received by Investigations 10/16/2023 2023-11969 Received by Investigations 10/16/2023 2023-11969 Received by Investigations 10/16/2023 2023-11969 Received by Investigations 10/16/2023 2023-11969 Received by Investigations 10/16/2023 2023-11969 Received by Investigations 10/16/2023 2023-11969 Received by Investigations 10/16/2023 2023-11969 Received by Investigations 10/16/2023 2023-11969 Received by Investigations 10/16/2023 2023-11969 Received by Investigations 10/16/2023 2023-11969 Received by Investigations 10/16/2023 2023-11969 Received by Investigations 10/16/2023 2023-11969 Received by Investigations 10/16/2023 2023-11969 Received by Investigations 10/16/2023 2023-11969 Received by Investigations 10/16/2023 2023-11969 Received by Investigations 10/16/2023 2023-11969 Received by Investigations 10/16/2023 2023-11969 Received by Investigations 10/16/2023 2023-11969 Received by Investigations 10/16/2023 2023-11969 Received by Investigations 10/16/2023 2023-11969 Received by Investigations 10/16/2023 2023-11969 Received by Investigations 10/16/2023 2023-11969 Received by Investigations 10/16/2023 2023-11969 Received by Investigations 10/16/2023 2023-11969 Received by Investigations 10/16/2023 2023-11969 Received by Investigations 10/16/2023 2023-11969 00121234ÿ06723ÿ89 ÿÿ8 ÿ9 ÿÿ ÿ262300ÿ Received 11/1/2023 Legal Department

/0123451ÿ789:3;9ÿ<=0123451>189:3;9?5@A>1B>C@DE

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711 !1 1"161#$% 06&&'()!*+,%* !% * &% &70-'0)2'023-)66-6'2*%70-'0)2'023-)66-6. 010 Received 11/1/2023 Legal Department

ROC Case: 2023-11969

Response from Living Space Designs LLC

Total Due Living Space Designs: $7,248.84

Sincerely,

Helen Burch RECEIVED LEGAL 11/21/2023

Legal New Mail - AZROC <[email redacted]>

Case2023-11969 Answer to complaint message

Helen Burch <[email redacted]> Sat, Nov 18, 2023 at 10:00 PM To: [email redacted]

Please see the attached answer I am submitting for the case file 2023-11969.

Thank you,

Helen Burch for Living Space Designs LLC

attachments Case 2023-11969 Response D1.pdf 183K Case 2023-11969 Response D2.pdf 3502K Case 2023-11969 Response D3.pdf 1946K RECEIVED LEGAL 11/21/2023

ROC Case: 2023-11969

Response from Living Space Designs LLC

Please see the attached sheets with details of our response. We believe that we do not owe Home Provisions any money. In fact, Home Provisions, owes us money. Some of the projects Home Provisions are asking for payment are not finished as of 11.18. 23, so some of these figures are estimates based on conversations and emails from sub contractors working our projects. If needed, we can provide, further details, proof of payments and witnesses to proove the validity of the details of these documents.

Due Home Provisions Due Living Space Designs 1. Dal (3112) $2,228.00 2. Arbuckle (3119, 3162) $16,962.00 3. Hanover (3163) $2,232.16 5. Shaddy (3165) $1,330.00 6. Hanover (3163) 0 0 7. Hill (3174) $1,208.32 8. Gerard (3186) $6,250

Total Due Living Space Designs: $8,177.84

Sincerely,

Helen Burch RECEIVED LEGAL 11/21/2023

Case # 2023-11969 Detail Below INVOICE AMOUNT OWED AND JOB DESCRIPTION OR CREDIT DUE NAME Dahl 3112 I acknowledge that this is the correct amount owed to Home Provisions for this project. The reason this job has not been paid is because we are finalizing accounting of seven other jobs which are not finished and $2,228.00 which he owes us money for. Arbuckle 2. Arbuckle (3119) and (3162)- We dispute the accounting in the complaint and have detailed our records of (3119) the project as follows. If needed, we can produce witnesses and records of payments for all the details listed below.

Project started on 2.13.23. Home Provisions was hired as a subcontractor as a subcontractor to handle the majority of the work. They were given "scope of work" documents and started the job with an agreed upon price which is indicated below with the agreement that pricing for painting and flooring may be added later.

7.6.23 - Patrick Talley meeting - We met in person and discussed both our dissatisfaction with our working relationship. I was unhappy with the progress of all our projects, including the lack of progress at Arbuckle and he was unhappy that I was taking away more and more jobs away from him. We agreed to try to finish out the jobs we had.

9.28.23 - Email below after I fired him from the job from his lack of progress and the poor workmanship. RECEIVED LEGAL 11/21/2023

Attachment sent to Home Provisions with the email above.

I acknowledge there are some errors calculations in the original email I sent. There are also updates to this since this is an ongoing project and we are still not finished with this project. Our client took possession of this home on November 1st and we are still making repairs. RECEIVED LEGAL 11/21/2023

Contract with Home Provisions Price Paid

1. Prepare house for construction & General Demolition: $6,500 Progress Payment $10,000.00

$6,000.00

2. Framing & Carpentry: $2,500 3. Repair and drywall: $7,000 Progress Payment $10,000.00

Drywall repairs that we had to hire someone to finish RECEIVED LEGAL 11/21/2023

$600.00

Change Order 1. client asked for change in texture in the ceiling $6,000 $6,000.00

4. Plumbing Rough: $3,000 5. Electrical Rough: $5,000 Progress Payment $8,000.00

Change Order 2 . Extra electrical work requested by client. $4,775 $4,775.00 RECEIVED LEGAL 11/21/2023

Cabinets-Installation: $3,500 The cabinet installation was never finished. The floating shelves in the kitchen was never installed, the countertop cabinets were cut too high and new parts had to be ordered. Cabinet pulls were never installed, final trimount was not done. The floating shelves at the fireplace was never installed. Patrick was also supposed to make the custom floating shelves for the kitchen and the fireplace. After waiting five months, we finally had to order them from a company. RECEIVED LEGAL 11/21/2023

$1,604.00

LINES 7 & 8 BY OTHERS 9. Plumbing Finish: $2,500 10. Electrical Finish: $3,500 $6,000.00 11. Painting: Change Order 12. Millwork & Finishes: $4,000 13. Touch up, clean up & final details: $1,000 14. Appliances: $1,000 15. Management Fee: $4,500

CHANGE ORDERS- ADDITIONAL ORDERS

Change Order #3144 Please see the 2nd line of the change order. Home Provisions charged us twice for the drywall texture. We told him at our weekly meeting and we all agreed to change that charge to a progress payment. RECEIVED LEGAL 11/21/2023

Plumbing $1,000 $1,000.00 Drywall Texture/ changed to progress payment $6,000 $6,000.00 Painting - all interior walls, ceiling, trim and touch up $10,900 $10,900.00

Change Order: Inv#3156 *Doors (12) Labor for Install (12) $4,520 $4,520.00 RECEIVED LEGAL 11/21/2023

Eight of the 12 doors were installed properly. One door is an exterior door to the garage, it needs to be a fire door which we will replace, two of the doors should be for a bypass in the closet, see picture below, the doors bought are pre-hung double doors. The third door is for the furnace and needs to be cut down. Please see picture below. The fourth one is a pocket door that was never installed prior to the framing of the doorway. We had to take the frame off to install it. The installation of the doors were not installed plum to the walls. They all had to be re-installed.

Paint Touch Up Pics and Doors with No Paint and No Trim with No Paint RECEIVED LEGAL 11/21/2023

Refund for doors 3 -$888.00

Refund for labor see below -$350.00

Three doors still not installed -$180.00

Painting touch up never finished since drywall was never finished and the doors were never finished. RECEIVED LEGAL 11/21/2023

Sample Pictures of Paint Never Finished

-$1,190.00

Change Order - Clean up back yard $ 1,600.00 $1,600 $ 1,600.00 7.27.23 $1,600.00 Left garbage an RECEIVED LEGAL 11/21/2023

Total Contract Amount $78,795

Total Amount Paid $74,795

Breakdown of charges taken out of payments to Home Provisions

Total Amount Due Back to Living Space Designs $16,962 -$16,962.00 RECEIVED LEGAL 11/21/2023

Hanover This is a project where the homeowner started complaining about Home Provisions from the beginning 3139 because he made promises and didn’t deliver. He promised to move all their furniture to the garage and keep them covered safely but he never even showed up on the first day of the job. His guys showed up with no supervision and dinged up the furniture and the doors. My client complained about curtain rods his crew damaged, drywall and mud they threw out on the landscaping and just general carelessness on the jobsite At the client's request, we had to fire him off the job when we were about 85% done with the job. When we did a walk through, the clients made a list a page long and asked us to make repairs. They continued to add to the list. Once they moved in and starting using their shower, they discovered their bathroom shower would not drain the way it should and the bench in the shower had water puddling. We are still in the process of scheduling repairs. Here is a list of repairs still to be performed and the costs to those. We still have not been paid for the full project because of these problems.

Here is a list that the homeowner had for me when I came to walk the house with them after she asked me to not have Patrick work on the house.

After our walkthrough, we had another list and then after or clients moved in, we had more problems. Here are the repairs that we are in the middle of. A. Home Provisions Incorrectly used furniture board for baseboards. New ones had to be ordered and will need installation Materials reordered $336.00 Labor and trip charge $500.00 B. Home Provisions damaged homeowner's furniture and doors when they were $440.00 moving furniture and performing during remodel RECEIVED LEGAL 11/21/2023 RECEIVED LEGAL 11/21/2023

Here are some photos, more can be provided as evidence, if needed.

Waste Water Dumped Diffusers never installed on strip lighting

Chipped glass tiles Standing water in the shower

C. Home Provisions poured waste water down their landscaping and didn't clean up. Homeowner sent us the bill.

D. Electrician never installed diffusers under the cabinets for the strip lighting and never finished the scope of work listed in the original "scope of work" documents" RECEIVED LEGAL 11/21/2023

$750.00

E. Pima Tile went to look at the situation with the fireplace tiles, shower bench and floor $3,000.00 shower floor tiles. Ken, the owner, says they will have to remove the bench top, remove the shower floor, remove the waterproof liner and reslope the floor and the bench, reset all the tiles and then grout it over. He will be all new tiles. He says he can replace the fireplace tiles at the same time. He estimates $3000 in labor. We informed Patrick Talley of Home Provisions on October 9th, 2023 that this problem was presented to us and that Pima Tile was going to take care of it.

F. Home Provisions took down drapery rods from the master bedroom and threw them away. TBD I met with the homeowner on 11/13 - she chose new rods. I will have costs by the hearing date

G. Continuing list of punch list from customer below. RECEIVED LEGAL 11/21/2023

Line 17 below. We are claiming the amount back since we have paid for all the cleaning and $1,000.00 touch up. Line 19. We are claiming 15% back since we have taken over since August and there is still a $1,500.00 punch list still to do. The customer has requested that we not repair the shower until after the holidays which means we will not have a full accounting until sometime in January. RECEIVED LEGAL 11/21/2023

Total Payment of $55000

Total Contract Amount $60,750.00 Total Amount Paid $55,000.00 Breakdown of charges taken out of payments to Home Provisions $7,982.16 Total Amount Due Back to Living Space Designs $2,232.16 -$2,232.16 RECEIVED LEGAL 11/21/2023

Shaddy 3165 - This is a job I asked hounded him about for three months before finally firing him after I realized that he was not going to fix the problems with the underlayment and the tiling that was subpar. Please see the details below.

Below is the first email I sent him after numerous conversations, meetings and text messages between myself and my project manager and Patrick.

This is the 2nd email I sent him with two attachments. RECEIVED LEGAL 11/21/2023

Attachment 1 RECEIVED LEGAL 11/21/2023 RECEIVED LEGAL 11/21/2023 RECEIVED LEGAL 11/21/2023 RECEIVED LEGAL 11/21/2023 Original Contract invoice from Home Provisions for Tile Work

Deposit made to Home Provisions RECEIVED LEGAL 11/21/2023

Hired Pima Tile to repair and finish the job. Invoice and Pictures after job was finished. RECEIVED LEGAL 11/21/2023

Total Amount Due Home Provisions $1,330.00 RECEIVED LEGAL 11/21/2023 Hanover 3163- There were three approved change orders. One was to add an outlet for a blind, one was to change out three toilets and one was when Patrick called me to say that he was going over budget for painting. The $4000 change order was sent to me three months after the electrcian had started working and there were no changes to the design. This is therefore the subcontractor's problem. If Home Provisions wants to go back to the customer to try to collect this money, Patrick is welcome to try but I have a scope of work with the contract that he sent me via quickbooks with no change orders that we sent him. We will not pay for a change order that was never requested. We made no changes.

Hill 3174 - Home Provisions only submitted a bill for the electrical but he failed to state that he was contracted to do more parts of the project than just the electrical. We paid him for other parts of the remodel. We paid him in full for other parts of the remodel that we ended up hiring other trades to finish. Please see the details listed below. RECEIVED LEGAL 11/21/2023 A. Framing and drywall - we had to correct his framing and drywall in several areas as seen by the hours and receipts below. Craig Slury - framing and pocket door, laundry room $700.00 Wayne Anderson - Venting for laundry room incorrctly done, framing, remove lights $975.00 and window treatments, re-organize furniture not properly stored by Home Provisions

Manzo $415.00 RECEIVED LEGAL 11/21/2023

Receipts for materials $553.18 RECEIVED LEGAL 11/21/2023 B. Electrical - I don’t feel that we owe the total amount of the contract because Home Provisions only did the rough in and partial of the trim out. The trimout they did, we had to do again because they used old parts in " Almond" that we never use in our remodels. Patrick Talley knows this. When we complained to his electrian, he told us that Patrick approved this even though every remodel we have done with Patrick, we have used white or off white dimmers by Lutron and screwless plates. Please see below the bills we have from another electrician that we used to finish the job. WE have not received the final bill yet but it will be close to this estimate.

PNR Estimate $2,186.00

Total Amount for Hill Contract Home Provisions is Demanding $12,075.00

Total Amount Living Space Designs Paid for Electrical $6,037.50

Total Amount Living Space Designs is Demanding from Another Contract Home Provisions has not fulfilled from a fully Paid Contract Detailed Above $4,829.18

Total Amount Owed to Home Provisions $1,208.32

Gerard3186 - This is a project that was supposed to start in the first week of May. Home Provisions was supposed to get the permit in May and get started in the summer because the home owner was coming back into town Mid October. Starting in May, I started asking Patrick for a contract and drawings for the permit. Every week at our weekly meetings he assured me he had met with the drafter and the engineer and everything had been handled. Finally in July, I finally started getting worred and I checked with Pima County and I saw the permit had been file. I was releived so I started just bugging him about getting the foundation done. August came along and still no work was done. By this time, we had several projects going badly with his company. I started to pull projects from him and gave him a deadline for this one. I was really getting worried that we would never get done.

Home Provisions charged up $2900 for the beam pictured below. It was not a full installaton. We had to beef up the installation RECEIVED LEGAL 11/21/2023

$1,450.00

Added support with help from framer for intermediate inspection RECEIVED LEGAL 11/21/2023

Home Provisions Demand Amount $7,700.00 Living Space Designs Demand Amount $1,450.00

Total Amount Due Home Provisions $6,250.00 Mediation Notice

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

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