2023A-12435-CHC-ROC Notice of Hearing and Packet MAILED

2023A-12435-CHC-ROC · Registrar of Contractors · 2024-03-01

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

John-David Bowman , Case No. 2023-12435 COMPLAINANT, Docket No. 2023A-12435-CHC-ROC v. NOTICE OF HEARING ON CONTESTED CASE REVIVE CONSTRUCTION, LLC. License No. ROC 337357,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

April 16, 2024 1:00 PM Jenna Clark 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 January 25, 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 1, 2024.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail March 1, 2024 to: Respondent(s) REVIVE CONSTRUCTION, LLC. 150 W SEMINOLE DR PHOENIX, AZ 85023

Complainant(s) John-David Bowman 3216 E Emile Zola Ave Phoenix, AZ 85032

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. 2023-12435 /

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: John-David Bowman 3216 E Emile Zola Ave Phoenix, AZ 85032

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: REVIVE CONSTRUCTION, LLC. 150 W SEMINOLE DR PHOENIX, AZ 85023

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 November 27, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-12435

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for December 26, 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, Robert Di Alto Robert Di Alto Investigator 602 7716758 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees 2023-12435

Person Filing Complaint Full Name (First Middle Last) Business Name (if a licensed contractor or supplier) ROC License Number(s) (if any)

John-David Bowman Mailing Address (Enter jobsite in Contract/Project section) City State Zip

3216 E Emile Zola Ave Phoenix Arizona 85032 Phone Number Email

(480) 513-3200 [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)

REVIVE CONSTRUCTION, LLC. ROC 337357 Street Address City State Zip

150 W SEMINOLE DR PHOENIX AZ 85023 Phone Number Email

[number redacted] [email redacted] Name of Person(s) Representing License

Ben Forsberg Contract/Project Information Contract Date Contract Amount Amount Paid

December 3, 2022 $37,625.00 $35,100.00 Date Work Started Date Work Stopped Date Work Was Completed

February 13, 2023 April 27, 2023 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

3216 E Emile Zola Ave Phoenix AZ 85032 Name of Construction Site Owner Construction Site Name (if applicable)

Lindsay/John-David Bowman 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;Email Have you filed a complaint in court? No

RCC099 12/05/18 Page 1 of 2 Licensed Complaint Form Departmental Use Only 2023-12435 For Current or Suspended Licensees

Has any work been corrected? No

The contract was Written All change orders were Both This project was Residential This project involved Remodel

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)

Timbertech Deck - Has to be removed to correct the foundation and many bowed planks. BBQ Kitchen: Needs to be completely replaced. Concrete already has numerous significant cracks, grout is uneven, metal liner is not set and has gaps, it is not sufficiently supported which has caused gaps in the deck. Irrigation - Revive removed 5/8 water line (over 40 feet) after cutting it and did not replace it. Spliced existing spaghetti lines in the front yard and carried them over the driveway. Left exposed wires that were unconnected to the sprinkler motors. Lighting - Did not add any new power source in order to light the backyard. Transformer in the front was a 120 watt output and installed a year prior. Invoice states that a lighting transformer was to be installed. Also, left an exposed cord from the grill without an outlet. Hole in cinder block wall. Revive was evidentially aware of it and nothing was done about it. We retained a consultant who inspected the work and advised that based on the large*scale issues, including likely structural issues, it is the opinion of this independent consultant that the deck and barbeque must be completely removed and replaced.

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

John-David Bowman \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 11/27/23, 3:52 PM State of Arizona Mail - Complaint#2023-12435 & Jobsite Inspection Notice

Robert Di Alto <[email redacted]>

Complaint#2023-12435 & Jobsite Inspection Notice Mail Delivery Subsystem <[email redacted]> Mon, Nov 27, 2023 at 3:47 PM To: [email redacted]

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Final-Recipient: rfc822; [email redacted] Action: failed Status: 5.1.2 Diagnostic-Code: smtp; DNS Error: DNS type 'mx' lookup of revivecontructionaz.com responded with code NXDOMAIN Domain name not found: revivecontructionaz.com Learn more at https://support.google.com/mail/?p=BadRcptDomain Last-Attempt-Date: Mon, 27 Nov 2023 14:47:09 -0800 (PST)

---------- Forwarded message ---------- From: Robert Di Alto <[email redacted]> To: [email redacted], [email redacted] Cc: Bcc: Date: Mon, 27 Nov 2023 15:46:56 -0700 Subject: Complaint#2023-12435 & Jobsite Inspection Notice ----- Message truncated -----

https://mail.google.com/mail/u/0/?ik=129aee39bd&view=pt&search=all&permmsgid=msg-f:[number redacted]&simpl=msg-f:[number redacted]… 1/1 Complainant: John-David Bowman 3216 E Emile Zola Ave Phoenix, AZ 85032

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: REVIVE CONSTRUCTION, LLC. 150 W SEMINOLE DR PHOENIX, AZ 85023

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 December 26, 2023

License No. ROC 337357

Re:Complaint No. 2023-12435

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on January 12, 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:

Complaint Item: 1-Timbertech Deck - Has to be removed to correct the foundation and many bowed planks. Investigator’s Observation: Verified. I observed several areas at the described location where the decking is cupped and bowing. There appears to be insufficient support and support spacing does not meet professional industry standards. The Respondent shall correct by the appropriate means. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

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 Complaint Item: 2-BBQ Kitchen: Needs to be completely replaced. Concrete already has numerous significant cracks, grout is uneven, metal liner is not set and has gaps, it is not sufficiently supported which has caused gaps in the deck. Investigator’s Observation: Verified. I observed several cracks in the countertop surface and the finish is peeling/flaking off from the surface. Grout is missing in some areas and the unit does not sit flat on the deck and is not level. The Respondent shall correct by the appropriate means. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 5-Lighting - Did not add any new power source in order to light the backyard. Investigator’s Observation: Verified. I reviewed the invoice provided by the Complainant and it specifically states “Lighting 8 up lights and 2 well lights. Standard Home Depot or Lowes selection. Cost included materials, installation and a lighting transformer”. The Respondent shall correct by the appropriate means and as per the contract. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

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

Complaint Item: 3-Irrigation - Revive removed 5/8 water line (over 40 feet) after cutting it and did not replace it. Spliced existing spaghetti lines in the front yard and carried them over the driveway. Investigator’s Observation: Unable to verify, insufficient evidence to prove or disprove complaint item. Complainant stated that he had the irrigation corrected prior to this jobsite inspection. No further action required by the Respondent. Governing Rule: N/A

Complaint Item: 4-Left exposed wires that were unconnected to the sprinkler motors. Investigator’s Observation: Unable to verify, insufficient evidence to prove or disprove complaint item. No further action required by the Respondent. Governing Rule: N/A

Complaint Item: 6-Transformer in the front was a 120 watt output and installed a year prior. Invoice states that a lighting transformer was to be installed.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Investigator’s Observation: Complaint item is addressed in complaint item#5. No further action required by the Respondent. Governing Rule: N/A

Complaint Item: 7-Also, left an exposed cord from the grill without an outlet. Investigator’s Observation: Unverified. No deficiency was observed at the time of this jobsite inspection. No further action required by the Respondent. Governing Rule: N/A

Complaint Item: 8-Hole in cinder block wall. Revive was evidentially aware of it and nothing was done about it. Investigator’s Observation: Unable to verify, insufficient evidence to prove or disprove complaint item was caused by the Respondent. No further action required by the Respondent. Governing Rule: N/A

Complaint Item: 9-We retained a consultant who inspected the work and advised that based on the large*scale issues, including likely structural issues, it is the opinion of this independent consultant that the deck and barbeque must be completely removed and replaced. Investigator’s Observation: Complaint item is a general statement by the Complainant about a third party’s opinion and cannot be evaluated by the Registrar. No further action required by the Respondent. Governing Rule: N/A

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

Sincerely, Robert Di Alto Robert Di Alto Investigator 602 7716758 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

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

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

Case No.: 2023-12435 Investigator: Robert Di Alto Inspection Date: December 26, 2023 Inspection Time: 11:00 AM

Complainant: John-David Respondent: REVIVE Bowman CONSTRUCTION, LLC. Not Present: Not Present:

Jobsite General Notes: JSI photos taken with my Google Pixel Phone camera. JSI audio recorded with my Olympus Digital Voice Recorder model DM-720. JSI photos and audio have been placed into the ROC complaint file.

Complaint Item: 2-BBQ Kitchen: Needs to be completely replaced. Concrete already has numerous significant cracks, grout is uneven, metal liner is not set and has gaps, it is not sufficiently supported which has caused gaps in the deck. Investigator’s Observation: Verified. I observed several cracks in the countertop surface and the finish is peeling/flaking off from the surface. Grout is missing in some areas and the unit does not sit flat on the deck and is not level. The Respondent shall correct by the appropriate means. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

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

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

Investigator’s Observation: Unable to verify, insufficient evidence to prove or disprove complaint item. Complainant stated that he had the irrigation corrected prior to this jobsite inspection. No further action required by the Respondent. Governing Rule: N/A

Complaint Item: 6-Transformer in the front was a 120 watt output and installed a year prior. Invoice states that a lighting transformer was to be installed. Investigator’s Observation: Complaint item is addressed in complaint item#5. No further action required by the Respondent. Governing Rule: N/A

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

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

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

Complaint #2023-12435 P 1 JSI date 12/26/2023 at 11:00 AM JSI PHOTOS Complaint #2023-12435 P 2 JSI date 12/26/2023 at 11:00 AM JSI PHOTOS Complaint #2023-12435 P 3 JSI date 12/26/2023 at 11:00 AM JSI PHOTOS Complaint #2023-12435 P 4 JSI date 12/26/2023 at 11:00 AM JSI PHOTOS Complaint #2023-12435 P 5 JSI date 12/26/2023 at 11:00 AM JSI PHOTOS Complaint #2023-12435 P 6 JSI date 12/26/2023 at 11:00 AM JSI PHOTOS Complaint #2023-12435 P 7 JSI date 12/26/2023 at 11:00 AM JSI PHOTOS Complaint #2023-12435 P 8 JSI date 12/26/2023 at 11:00 AM JSI PHOTOS Complaint #2023-12435 P 9 JSI date 12/26/2023 at 11:00 AM JSI PHOTOS Complaint #2023-12435 P 10 JSI date 12/26/2023 at 11:00 AM JSI PHOTOS Complaint #2023-12435 P 11 JSI date 12/26/2023 at 11:00 AM JSI PHOTOS Complaint #2023-12435 P 12 JSI date 12/26/2023 at 11:00 AM JSI PHOTOS Complaint #2023-12435 P 13 JSI date 12/26/2023 at 11:00 AM JSI PHOTOS Complaint #2023-12435 P 14 JSI date 12/26/2023 at 11:00 AM JSI PHOTOS 1/17/24, 9:27 AM State of Arizona Mail - RE: Complaint No. 2023-12435 - Bowman

Robert Di Alto <[email redacted]>

RE: Complaint No. 2023-12435 - Bowman Ben Forsberg <[email redacted]> Mon, Jan 15, 2024 at 2:12 PM To: "[email redacted]" <[email redacted]>

Hello Robert,

Sorry for not getting back to you sooner. We just had a new baby and I've been taking some time off, which delayed my opening of the mail and subsequent follow-up.

I wanted to respond to both your Warning Letter and Written Directive.

First, the Warning Letter. After review, I noticed that my contracts contain 8 of the 9 required items. The missing item is the estimated date of completion. I will edit my contracts to include that detail moving forward. Thank you.

Next, the Written Directive. I'd like to start by saying I'm not sure how to move forward with working with Linday Bowman. What started as an amicable relationship - which caused me to provide a lot of free services and upgrades - turned into a sour situation with false accusations. It ended with me telling her I'd be happy to fix the grill countertop and grout/trim, and her telling me that I could not step foot on her property again. Please see the attached screenshot of that text conversation. Furthermore, she still has an unpaid balance of $4,709.

The Deck I had quoted her $6,525 for the timbertech deck. She wanted it to be level with her existing patio, so I tried to find a solution that would not make us have to dig too deeply, causing a sunken area that would hold water. That is how I came up with the idea to use 2x4's installed on concrete strips, supported at 6' to accommodate the span. I recognize now that pressure-treated wood is softer than regular wood, making it too flexible for joists. I'd be happy to fix the issue with 2x8 joists for greater support, but that will raise the deck, something I know she'll complain about. Also, Lindsay asked for upgraded materials, I complied (which I shouldn't have) and it cost $5,502.63 JUST for the decking materials (see attached invoice). So you can see that I was operating in good faith to try and make her happy, even though it cost me all my profit on the deck. That does not include the foundations and cross-member materials, nor the labor to install. I'd be happy to re-install the Timbertech on 2x8 joists (which I believe by code are sufficient for the span between foundation strips). However, the deck will have a step up to a higher level and I don't think she'd be satisfied with that.

The Grill The grill was originally slated to be built with wood paneling, metal corners (angle iron), and a quartz countertop, following the Yardzen design. Please see the attached invoice for that description. Along the way, Lindsay asked if we could do tile instead. Which was a significant upgrade. I said yes. Then she picked a difficult hexagonal tile and didn't want metal corners anymore, so we had to miter all those corners, greatly increasing labor costs. Next, she wanted to do a concrete countertop instead of quartz. All these were expensive upgrades. I moved forward with them because again, I was trying to make/keep her happy and I'm a pushover. Lesson learned. At this point, I'd be willing to rebuild the grill as originally specced - no tile and no concrete countertop. Obviously, we didn't get that countertop right anyway. I don't want to go down that road again.

The Lighting Transformer The original bid does say we'd put in a lighting transformer. However, after seeing that we had changed lights to LED and that the transformer originally ran incandescent lights, I realized it was more than powerful to run the lights we installed. Which it is, as evidenced by the fact that it's working perfectly. I left it on the bid because Lindsay asked me to install a new fan underneath her covered porch. I did that free of charge, as an informal "swap" for the transformer. Apparently, she forgot about that as she was digging up more (unsupported and unfounded) dirt to strengthen her case.

The other claims you couldn't verify Thank you for not verifying them. They are all bogus. She asked me if I would put a boulder in front of the (existing) hole in her wall, which I did at my expense, and then she blamed it on me. The cord for the BBQ, she told me her mom was going to have an electrician put in a plug back there. The grill was her selection so I just stubbed it out the back so they could plug it in when they were ready. The broken irrigation pipe was simply an existing, abandoned irrigation pipe for her old lawn, that we didn't even touch. Here lawn had already been covered by plastic and gravel. And her other complaints were for freebie items that were stop-gap solutions to try and get her a working product in her front yard, which we were not contracted to do. https://mail.google.com/mail/u/0/?ik=129aee39bd&view=pt&search=all&permmsgid=msg-f:[number redacted]&simpl=msg-f:[number redacted]… 1/2 1/17/24, 9:27 AM State of Arizona Mail - RE: Complaint No. 2023-12435 - Bowman Finally, Working with Lindsay again will be quite difficult. But, here are the two ideas I am proposing to try and solve this issue.

Proposal #1 I will rebuild the grill as it was originally specced out; no tile, and no concrete countertop. (please see the attached invoice/contract for a description of what it was originally supposed to be) And I will rebuild the deck with 2x8s, causing the deck to have a step up. Before doing so, I'd like to receive payment in the amount of $4,709, which is the unpaid balance she has held since April.

Proposal #2 The items in question have a total value of $13,250. When you deduct the remaining balance she has not yet paid ($4,709) and the cost of the decking materials, (which can be reused) (5,502) there is a balance of $3,039. I would be willing pay her $3,039, resolve the suspension of my license, and we move on.

Thank you for your consideration. I look forward to hearing your thoughts.

Sincerely, BEN FORSBERG REVIVE CONSTRUCTION m / 623.606.3639 w / reviveconstructionaz.com

https://mail.google.com/mail/u/0/?ik=129aee39bd&view=pt&search=all&permmsgid=msg-f:[number redacted]&simpl=msg-f:[number redacted]… 2/2 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

John-David Bowman, Case No. 2023-12435 COMPLAINANT, v. REVIVE CONSTRUCTION, LLC, CITATION License No. ROC 337357, RESPONDENT

The Registrar issues this Citation to REVIVE CONSTRUCTION, LLC (“Respondent”)

under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by February 9, 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 November 9, 2023, John-David Bowman (“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 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ 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. 2023-12435. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted]

The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until

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1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than February 9, 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. 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

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1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 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 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 January 25, 2024. By: /s/ Mary Coyne Mary Coyne, CP Legal Department Arizona Registrar of Contractors of 5

1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, January 25, 2024 to:

Respondent Certified Mail No: [number redacted]

REVIVE CONSTRUCTION, LLC 150 W Seminole Dr. Phoenix, AZ 85023 Copy mailed by USPS First Class mail this same date to: REVIVE CONSTRUCTION, LLC 150 W Seminole Dr. Phoenix, AZ 85023

Complainant John-David Bowman 3216 E Emile Zola Ave. Phoenix, AZ 85032

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. 2023-12435

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1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees 2023-12435

Person Filing Complaint Full Name (First Middle Last) Business Name (if a licensed contractor or supplier) ROC License Number(s) (if any)

John-David Bowman Mailing Address (Enter jobsite in Contract/Project section) City State Zip

3216 E Emile Zola Ave Phoenix Arizona 85032 Phone Number Email

(480) 513-3200 [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)

REVIVE CONSTRUCTION, LLC. ROC 337357 Street Address City State Zip

150 W SEMINOLE DR PHOENIX AZ 85023 Phone Number Email

[number redacted] [email redacted] Name of Person(s) Representing License

Ben Forsberg Contract/Project Information Contract Date Contract Amount Amount Paid

December 3, 2022 $37,625.00 $35,100.00 Date Work Started Date Work Stopped Date Work Was Completed

February 13, 2023 April 27, 2023 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

3216 E Emile Zola Ave Phoenix AZ 85032 Name of Construction Site Owner Construction Site Name (if applicable)

Lindsay/John-David Bowman 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;Email Have you filed a complaint in court? No

RCC099 12/05/18 Page 1 of 2 Licensed Complaint Form Departmental Use Only 2023-12435 For Current or Suspended Licensees

Has any work been corrected? No

The contract was Written All change orders were Both This project was Residential This project involved Remodel

John-David Bowman \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 INVOICE Bill To

Lindsay Bowman 3216 E Emile Zola Ave Phoenix, AZ 85032 (602) 320-8442

Revive Construction LLC Payment terms Due upon receipt Invoice # 141 150 W Seminole Drive Phoenix, AZ 85023 Date 12/22/2022 Phone: (623) 606-3639 Business / Tax # 86-1966152 Email: [email redacted] Web: reviveconstructionaz.com

Description Total

Excavation and Site Prep $3,600.00 After giving it more thought, I think we need to remove that plastic and dig out the sod. Trying to run irrigation lines and installing plants through that plastic will make a huge mess, and is not ideal. This price is for removing all the bad material and getting a clean slate for the new design.

Timbertech Deck $6,525.00 If you wanted to go with concrete pavers (of just about any size) we could reduce this cost by about $800.

BBQ Kitchen $6,500.00 BBQ kitchen with decorative wood (I suggest flooring material) sides and a quartz countertop. Cost does NOT include the grill or door hardware, to be selected by client, but DOES include the installation of grill and hardware. Cost DOES include all other materials for the frame, walls, and countertops.

Artifical Turf $2,700.00 Installation of 60 oz artificial turf. I recommend Coastal Blend from Turf Hub.

Plantings $6,750.00 Purchase and installation of approximately 75 plants, according to Yardzen design.

Irrigation $2,250.00 Run new irrigation to all new plants. Cost assumes the water supply, valves, and timer are all

working properly.

Lighting $2,200.00 uplights and 2 well lights. Standard Home Depot or Lowes selection. Cost includes materials, installation, and a lighting transformer.

Slat Privacy Wall $1,400.00 Privacy wall with horizontal pine boards (stained) to have two sides totaling 6' at 7' tall.

Planting Troughs $1,200.00 Three Metal planting troughs that are 6'x2'x2'. Cost includes filling with good soil.

New Gravel $4,500.00 New gravel throughout the backyard.

Subtotal $37,625.00

Total $37,625.00

5th Payment-upon $2,525.00 completion

Payment Schedule

1st Payment - deposit (10%) $3,762.50 2nd Payment - just before starting (50%) $18,812.50 3rd Payment - after hardscapes (20%) $7,525.00 4th Payment -progress payment (13.29%) $5,000.00 5th Payment-upon completion (6.71%) $2,525.00 Change Order 1 $850.00 Change Order 2 $1,334.00

By signing this Estimate or Invoice, the customer agrees to the services and conditions outlined in this document. The customer agrees to the total price and the payment schedule as defined in the estimate and/or invoice. Any additional work will be approved via work order or in email or text conversation approval.

1. DATES & TIMELINES After receiving the down payment, Revive Construction will contact the Customer to put the project on the calendar. We are very good about sticking to start dates. As much as possible, we stay on the job until it’s completed. However, due to circumstances, we can’t control, such as material supply, equipment repair, personnel issues, and weather, we need some flexibility with the schedule. We will communicate ahead of time about any changes to the schedule.

2. GUARANTEES All our hardscape and structure work is guaranteed for three (3) years. Irrigation is guaranteed for one (1) year. And, all plantings are guaranteed for one (1) month from the date of planting. We can’t be responsible for any man-made damage to the work, staining caused by foreign substances, or issues related to previous work (like trenching) that might affect the work we do. All of our work is done using industry-best standards and practices.

3. JOB SITE MANAGEMENT When we begin work, it will make a mess. We do our best to contain our messes, dispose of our trash, and keep a generally clean and organized workspace. There might be piles of materials set aside for a few days at a time, awaiting pickup or disposal. While it may seem a bit chaotic, we will put everything back together better than it was when we started. Our goal is to make this experience as pleasant as possible, which means making you aware of everything a project like this entails.

4. MATERIALS SELECTION Descriptions and (on occasion) images of materials will be supplied to the customer along with the estimate. Any changes to selected materials will need to be approved in writing. We use only the best materials to ensure you’ll be happy with what you picked!

5. CHANGES ORDERS & ADDITIONAL WORK From time to time situations arise that require changes to the planned design. Typically, these changes won’t cost extra. However, when things are outside our control or unknown to us before starting, we’ll need to be compensated for that additional work. If the Customer decides to add more additional items to the project, or increase the project scope, we’ll discuss it ahead of time, and create a work order defining the work and additional costs. All work orders and change orders will need to be approved by the Client before a change or additional work can be completed.

6. PAYMENTS We will conduct our work on time. We expect payments to be the same. Most projects start with a down payment, and then additional payments according to a pre-defined schedule. Smaller projects are 50% down and 50% upon completion. Larger projects will be broken down into multiple payments as described on the invoice/estimate. Making the first payment means you

agree to the payment schedule and will make all required payments according to the schedule outlined in the estimate/invoice.

7. INTEGRITY, CREATIVITY, COMMUNICATION We are guided by three core values: integrity, creativity, and communication. We will do our best to treat you fairly, in a professional manner. We will pay attention to the details and bring all our creative energy to ensure you have the best possible outcome for your project. And, we will communicate from start to finish, keep you in the loop, and involved in every pertinent aspect of your project.

By signing this document, you agree to these mutual understandings and you are indicating that you are ready to build something great together!

We are a licensed, bonded, and insured General Residential and Small Commercial Contractor in the State of Arizona.

Revive Construction LLC ROC #337357

Now let’s build something together!

----

REGISTRAR OF CONTRACTORS NOTICE Pursuant to A.R.S. § 32-1158(B) (9), Client has the right to file a written complaint with the Arizona Registrar of Contractors. The complaint must be made within the applicable time period as set forth in A.R.S. section 32-1155, subsection A.

Lindsay Bowman

Change Order #1 02/28/2023

This Change Order modifies and amends the provisions of Invoice #141 between Revive Construction LLC and Lindsay Bowman.

Description Total

Shade and Lights $850.00 Cost to install two steel posts (painted black) along with a shade sail and Edison bulb lights over the back patio.

Subtotal $850.00

Total $850.00

Change Order #2 03/06/2023

This Change Order modifies and amends the provisions of Invoice #141 between Revive Construction LLC and Lindsay Bowman.

Description Total

Steppers, Boulders, Shade, lights $1,750.00 This is the cost for six boulders, 18 steppers, and a shade structure over the plating troughs. Cost also includes new lights in the front yard. This cost is only materials and labor. No markup.

Plant Credit -$416.00 Deduction based on amount paid by client for additional plants.

Subtotal $1,334.00

Total $1,334.00

Lindsay Bowman

Overall Summary

Subtotal $37,625.00

Change Order 1 $850.00 Change Order 2 $1,334.00 Change Order Subtotal $2,184.00

Total $39,809.00

Payment Summary

12/22/2022 - Credit $3,762.50 Card or PayPal 02/10/2023 - $18,812.50 Check 03/11/2023 - Credit $7,525.00 Card or PayPal 04/13/2023 - Credit $5,000.00 Card or PayPal

Paid Total $35,100.00

Remaining $4,709.00 Amount

INVOICE Bill To

Lindsay Bowman 3216 E Emile Zola Ave Phoenix, AZ 85032 (602) 320-8442

Revive Construction LLC Payment terms Due upon receipt Invoice # 155 150 W Seminole Drive Phoenix, AZ 85023 Date 04/25/2023 Phone: (623) 606-3639 Business / Tax # 86-1966152 Email: [email redacted] Web: reviveconstructionaz.com

Description Total

Landscape Lighting $300.00 Purchase and install new landscape lights in the front yard.

Subtotal $300.00

Total $300.00

INVOICE Bill To

Lindsay Bowman 3216 E Emile Zola Ave Phoenix, AZ 85032 (602) 320-8442

Description Total

Timbertech Deck $6,525.00 If you wanted to go with concrete pavers (of just about any size) we could reduce this cost by about $800.

Artifical Turf $2,700.00 Installation of 60 oz artificial turf. I recommend Coastal Blend from Turf Hub.

Plantings $6,750.00 Purchase and installation of approximately 75 plants, according to Yardzen design.

Irrigation $2,250.00 Run new irrigation to all new plants. Cost assumes the water supply, valves, and timer are all

working properly.

Lighting $2,200.00 uplights and 2 well lights. Standard Home Depot or Lowes selection. Cost includes materials, installation, and a lighting transformer.

Slat Privacy Wall $1,400.00 Privacy wall with horizontal pine boards (stained) to have two sides totaling 6' at 7' tall.

Planting Troughs $1,200.00 Three Metal planting troughs that are 6'x2'x2'. Cost includes filling with good soil.

New Gravel $4,500.00 New gravel throughout the backyard.

Subtotal $37,625.00

Total $37,625.00

5th Payment-upon $2,525.00 completion

Payment Schedule

agree to the payment schedule and will make all required payments according to the schedule outlined in the estimate/invoice.

By signing this document, you agree to these mutual understandings and you are indicating that you are ready to build something great together!

We are a licensed, bonded, and insured General Residential and Small Commercial Contractor in the State of Arizona.

Revive Construction LLC ROC #337357

Now let’s build something together!

----

Lindsay Bowman

Change Order #1 02/28/2023

This Change Order modifies and amends the provisions of Invoice #141 between Revive Construction LLC and Lindsay Bowman.

Description Total

Shade and Lights $850.00 Cost to install two steel posts (painted black) along with a shade sail and Edison bulb lights over the back patio.

Subtotal $850.00

Total $850.00

Change Order #2 03/06/2023

This Change Order modifies and amends the provisions of Invoice #141 between Revive Construction LLC and Lindsay Bowman.

Description Total

Plant Credit -$416.00 Deduction based on amount paid by client for additional plants.

Subtotal $1,334.00

Total $1,334.00

Lindsay Bowman

Overall Summary

Subtotal $37,625.00

Change Order 1 $850.00 Change Order 2 $1,334.00 Change Order Subtotal $2,184.00

Total $39,809.00

Payment Summary

12/22/2022 - Credit $3,762.50 Card or PayPal 02/10/2023 - $18,812.50 Check 03/11/2023 - Credit $7,525.00 Card or PayPal 04/13/2023 - Credit $5,000.00 Card or PayPal

Paid Total $35,100.00

Remaining $4,709.00 Amount

INVOICE Bill To

Lindsay Bowman 3216 E Emile Zola Ave Phoenix, AZ 85032 (602) 320-8442

Description Total

Landscape Lighting $300.00 Purchase and install new landscape lights in the front yard.

Subtotal $300.00

Total $300.00

(623) 931-2240 (602) 971-0983 6770 W. Northern Avenue Quote DATE NUMBER Glendale, AZ 85303-1323 Fax (602) 997-6144 *SO-2446230-1* 02/20/23 2446230

999 TAXABLE Q 999 TAXABLE S BEN FORSBERG / REVIVE U H O RECEIPT REQUIRED FOR RETURNS I CONSTRUCTION T P 623-606-3639 E T O False

NOTES CONTACT INFORMATION JOB DESCRIPTION TAX JURISDICTION DESCRIPTION TAX EXEMPT

999 MISCELLANEOUS Glendale, AZ TAX EXEMPT

LOC DATE SHIPPED SHIP VIA CUST PHONE NUMBER JOB NUMBER QUOTE CUST ORDER NO IF DIRECT, OUR PO NO SALES PERSON CLK TERMS PAGE 02/20/23 Glendale 999 MISCELLANEOUS House Account Parker Trost Cash Terms 1

LINE ITEM NUMBER BACK ORDERED QTY SHIPPED QTY ORDERED LENG DESCRIPTION FOOTAGE PRICE U/M NET AMOUNT

QUOTE QUOTE QUOTE QUOTE QUOTE QUOTE zz_1616TREXSGWG 37.00 ea 1X6-16 TIMBERTECH ENGLISH WALNUT GROOVED - 592.00 6.96 lf 4,120.32 _0006 SPECIAL ORDER-NO RETURNS zz_1612TREXSGWG 11.00 ea 1X6-12 TIMBERTECH ENGLISH WALNUT GROOVED - 132.00 6.96 lf 918.72 _0002 SPECIAL ORDER-NO RETURNS NO PRICE DIFFERENCE BETWEEN SQUARE OR GROVVED EDGE

WEIGHT TOTAL BOARD FEET SQUARE FEET LINEAL FEET EACHES TOTAL DATE PRINTED TIME PRINTED SUB TOTAL $5,039.04 1,701.40 0.00 0.00 724.00 0.00 724.00 2/20/23 6:34:01 SALES TAX $463.59 DELIVERY CHARGE Subject to stock on hand, prior sale and for immediate acceptance, although every effort has been made to ensure the QUOTATION TOTAL $5,502.63 accuracy of this quote, please review carefully, as no liability is assumed for clerical errors. In the event of an extension error or change in quantity, unit prices will prevail. Extras/revisions will be based on market prices at time of shipment. Delivery service is curbside. Customer is responsible for occurrences/damages beyond that point.

This quotation must be accepted on or before 02/25/23 (623) 931-2240 (602) 971-0983 6770 W. Northern Avenue Quote DATE NUMBER Glendale, AZ 85303-1323 Fax (602) 997-6144 *SO-2446230-1* 02/20/23 2446230

999 TAXABLE Q 999 TAXABLE S BEN FORSBERG / REVIVE U H O RECEIPT REQUIRED FOR RETURNS I CONSTRUCTION T P 623-606-3639 E T O False

NOTES CONTACT INFORMATION JOB DESCRIPTION TAX JURISDICTION DESCRIPTION TAX EXEMPT

999 MISCELLANEOUS Glendale, AZ TAX EXEMPT

LOC DATE SHIPPED SHIP VIA CUST PHONE NUMBER JOB NUMBER QUOTE CUST ORDER NO IF DIRECT, OUR PO NO SALES PERSON CLK TERMS PAGE 02/20/23 Glendale 999 MISCELLANEOUS House Account Parker Trost Cash Terms 1

LINE ITEM NUMBER BACK ORDERED QTY SHIPPED QTY ORDERED LENG DESCRIPTION FOOTAGE PRICE U/M NET AMOUNT

This quotation must be accepted on or before 02/25/23 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