2023A-12534-NPC-ROC Notice of Hearing and Packet MAILED

2023A-12534-NPC-ROC · Registrar of Contractors · 2024-01-25

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

I.M. LANDSCAPING LLC, Case No. 2023-12534 COMPLAINANT, Docket No. 2023A-12534-NPC-ROC v. NOTICE OF HEARING ON CONTESTED CASE LUMINOUS BUILDERS LLC DBA: Luminous Energy, License No. ROC 335707,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

March 11, 2024 9:00 AM Sondra Vanella Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

If you have requested to appear in-person at the hearing, the hearing will be held at 1740 W Adams Street, Phoenix, AZ 85007.

You must attend this hearing. This is an adversarial hearing before an administrative law judge, and is conducted in a similar manner as judicial proceedings. Thus, you must be prepared to present evidence, including witness testimony and documents, in support of your case.

STATEMENT OF LEGAL AUTHORITY AND JURISDICTION The State of Arizona has determined that the licensing and regulation of construction contractors is a proper state function, and has vested authority in the Registrar of Contractors

to administer Title 32, Chapter 10 of the Arizona Revised Statutes. A.R.S. §§ 32-1101 et seq.

All hearings for alleged violations of Title 32, Chapter 10 are conducted under Title 41,

Chapter 6, Article 10. A.R.S. § 32-1156.

The statutes and rules governing the hearing can be found at: Arizona Revised Statutes §§ 41-1092 to -1092.12, and Arizona Administrative Code R2-19-101 to -122. PARTICULAR ARIZONA STATUTES AND RULES INVOLVED The statutes and rules the Respondent is alleged to have violated are cited in the complaint and citation, which were served on the Respondent on December 21, 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/forms/RC-L-800A%20- %20Prehearing%20Disclosure%20Statement%2020191007v4.pdf

CHANGING THE HEARING DATE The date of the hearing may only be advanced or delayed on the agreement of the

parties or on a showing of good cause. A.R.S. § 41-1092.05(C). The date of the hearing may

be changed by filing a written agreement of the parties to change the date of the hearing. The

written agreement must be filed with the Office of Administrative Hearings, directed to the

assigned Administrative Law Judge, and transmitted to the Registrar and all other parties. The

assigned Administrative Law Judge may be found on the Office of Administrative Hearings’ web portal at www.azoah.com If a party would like to move the date of the hearing without agreement of all parties, the party must file a written motion with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmit a copy to the Registrar and all other parties.

The motion must state in detail good cause for why the date of the hearing should be advanced or delayed, and the position of all other parties regarding the advancement or delay. A party may also file a motion asserting a right to an expedited hearing upon a showing of extraordinary circumstances or the possibility of irreparable harm. A.R.S. § 41-1092.05(E).

RESOLUTION SHORT OF ADJUDICATION In any case which is resolved or settled by the parties, or which is withdrawn by the Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of the resolution or settlement. Any such cases will be listed on the Registrar’s website and its records under the category: “Closed Complaints – Resolved/Settled/Withdrawn.” Dated January 26, 2024.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail January 26, 2024 to: Respondent(s) LUMINOUS BUILDERS LLC DBA: Luminous Energy 14415 W McDowell Road; Suite D-104 Goodyear, AZ 85395

Complainant(s) I.M. LANDSCAPING LLC 19928 W Dunlap Rd Buckeye, AZ 85326

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. 2023-12534 /

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

November 28, 2023

Via U.S. Mail and Email

Complainant I.M. LANDSCAPING LLC 19928 W Dunlap Rd Buckeye, AZ 85326

Respondent LUMINOUS BUILDERS LLC DBA: Luminous Energy 1445 W McDowell Rd Ste. D 104 Goodyear, AZ 85395

LUMINOUS BUILDERS LLC DBA: Luminous Energy 12725 W Indian School Rd, #Ste. C101 Avondale, AZ 85392

Re: Complaint No. 2023-12534

Dear Complainant and Respondent:

The Registrar received a complaint filed against LUMINOUS BUILDERS LLC DBA: Luminous Energy 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 December 5, 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 December 5, 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. / / 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 Sincerely,

/s/ Gail Mathews Gail Mathews Legal Assistant II Legal Department Arizona Registrar of Contractors

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 If no writen contract, provide a writen statement describing the agreement that includes the following

informa�on:

1. The reason a writen contract is not being provided (e.g. the contractor did not provide a writen contract,the contract is lost, the contract was destroyed) a. A writen contract was not provided because we had an in person mee�ng with Cris Arroyo on 5/11 where he gave us the details for the project. 550sq� of Concrete, 885sq� of turf, & tons of rocks. Cris explained to us that this was a �me-sensi�ve project and pushed us to start immediately as his previous contractor was no longer interested in working with him leading the client’s project to be past due its original comple�on date. We agreed on a set price of $8.5/SQFT� for concrete, 9.0/SQFT for 80oz ar�ﬁcial turf, & $110/ TON of Dg to be installed. The price served as an introductory price For only this 1 project as we in good faith planned to con�nue a working rela�on with Luminous builders and wanted them to see we were willing to work with them as they had promised more jobs. Cris advised they would provide a $5000 deposit to cover our materials and the pending amount would be paid upon comple�on to which I agreed. The Morning of May 12 we visited the property with Cris & property owner Maribel Miller to draw a layout and verify Luminous builders measurements. During the inspec�on we advised Cris that 10 tons would not give him the desired coverage per his plan and we would need and addi�onal 5 tons of dg for 2” proper depth of dg coverage. Cris approved under the condi�on that we can start immediately as the client was upset with him over his company not comple�ng the work when she was told. b. To fuﬁll Luminous Builders orders because we did no�ce the Customer was unhappy with them at the �me we began work immediately Saturday May 13th By laying the forms for the Concrete. (pictures were texted to cris Informing him that concrete would be poured that Thursday). c. On May 16th Cris texted reques�ng the Invoice & it was sent for $14290 to [email redacted]. On this day I also visited Esmeralda at Luminous Oﬃce so she can conﬁrm the turf and it was approved. d. 5/19 A�er Concrete was poured cris asked for ar�cle of organiza�on, EIN, COI & informed us that accoun�ng would send an email from gusto so we can set up a direct deposit. Direct deposit was set up this day. And a conﬁrma�on email was received by Esmeralda conﬁrming receiving required documents. e. 5/22 0.01 Was received from gusto. f. 5/22 the project was Completed & Completed pictures were sent to Cris Arroyo via text. g. 5/26 Gusto Deposited a $5000 Payment to our account. h. 6/8 I Met with Cris at another property to view a diﬀerent job site. When ques�oned about past due was informed that he believed we had been paid and would look into it as that was unacceptable. i. 6/14 Invoice 163 was resent asking for an update on payment that is past due. j. 6/20 Invoice 163 was resent. &182 which included work that Cris requested at 19735 W Rancho Buckeye az, 85326. (this was also not paid as of 10/30/2023) k. 7/19 Invoices 163 & 182 were sent again urging prompt payment. l. On 8/1 we received a reply asking to the contract which there was never one created. Jen with accounts payable was to look into the mater but not being able to get ahold of Cris or Esmeralda she refused to authorize pay. m. 10/30 I discovered I may be able to ﬁle a claim for no payment without a contract 2. A descrip�on of any writen documents used to describe the contract, e.g. bids, proposals, invoices, receipts. (If you have copies of any of these documents, please provide them with the Complaint Form.) a. Invoices, Text communica�ons with Cris, Email with Esmeralda, Acceptance text messages of Cris to Pay the amount due. 3. A descrip�on of the work to be performed under the contract (including any addenda or change orders); a. The Labor and material to be performed & Covered was 550sq� of Concrete, 885sq� of ar�ﬁcial Turf, 15tons of Decora�ve gravel 4. The names of the people who nego�ated the contract; a. Cris Arroyo, Erik Meza 5. The agreed upon payment schedule; a. $5000 upfront, Pending due upon Comple�on. 6. An explana�on of who was to receive payment; a. Payment was to be a check

7. The date the work was to be completed. a. Work to be completed as soon as possible

Home Owner

Maribel & Cristopher Miller Paid $25,000.00 to Luminous Builders for work that IM Landscaping LLC completed and paid upfront for the material.

Cell: [number redacted]

Email: [email redacted] From: Erik Meza To: [email redacted] Subject: luminous builders Date: Tuesday, May 16, 2023 9:54:52 AM Attachments: LuminousBuilders1.pdf

I.M LANDSCAPING LLC

ERIK MEZA, OWNER, CEO.

CR-21 ROC 342397

Phone: (602) 980- 1904

Email: [email redacted]

19928 W Dunlap Rd, Buckeye Az. 85326

I.M. Landscaping | Facebook

---------- Forwarded message --------- From: <[email redacted]> Date: Sun, May 14, 2023, 9:38 AM Subject: luminous builders To: <[email redacted]>

I.M LANDSCAPING LLC

ERIK MEZA, OWNER, CEO.

CR-21 ROC 342397

Phone: (602) 980- 1904

Email: [email redacted] 19928 W Dunlap Rd, Buckeye Az. 85326

I.M. Landscaping | Facebook From: Erik Meza To: [email redacted] Subject: Fwd: luminous builders Date: Tuesday, May 16, 2023 10:51:18 AM Attachments: LuminousBuilders1.pdf

I.M LANDSCAPING LLC

ERIK MEZA, OWNER, CEO.

CR-21 ROC 342397

Phone: (602) 980- 1904

Email: [email redacted]

19928 W Dunlap Rd, Buckeye Az. 85326

I.M. Landscaping | Facebook

---------- Forwarded message --------- From: <[email redacted]> Date: Sun, May 14, 2023, 9:38 AM Subject: luminous builders To: <[email redacted]>

I.M LANDSCAPING LLC

ERIK MEZA, OWNER, CEO.

CR-21 ROC 342397

Phone: (602) 980- 1904

Email: [email redacted] 19928 W Dunlap Rd, Buckeye Az. 85326

I.M. Landscaping | Facebook From: Erik Meza To: [email redacted]; [email redacted] Subject: I.M Landscaping LLC Documents Date: Friday, May 19, 2023 11:12:26 AM Attachments: EIN Letter from IRS.pdf Articles of Organization.pdf IBL-P3GY6HQH8_verifly.pdf

I.M LANDSCAPING LLC

ERIK MEZA, OWNER, CEO.

CR-21 ROC 342397

Phone: (602) 980- 1904

Email: [email redacted]

19928 W Dunlap Rd, Buckeye Az. 85326

I.M. Landscaping | Facebook From: Esmeralda Rosario To: Erik Meza; [email redacted] Subject: Re: I.M Landscaping LLC Documents Date: Friday, May 19, 2023 12:02:34 PM Attachments: image001.png image002.png

Received thank you

LUMINOUS BUILDERS LLC

Esmeralda Rosario Business Relationship Manager Office: 623-335-4423 Direct: 623-404-0143 Email:[email redacted] Arizona 14415 W. McDowell Road Suite D-104, D-106 Goodyear, AZ 85395 AZ ROC 335707, 336265

Florida N. Orange Avenue Suite 805 Orlando, FL 32801

www.LuminousBuilders.com www.LuminousEnergy.solar

From: Erik Meza <[email redacted]> Date: Friday, May 19, 2023 at 11:12 AM To: [email redacted] <[email redacted]>, Esmeralda Rosario <[email redacted]> Subject: I.M Landscaping LLC Documents

I.M LANDSCAPING LLC

ERIK MEZA, OWNER, CEO.

CR-21 ROC 342397

Phone: (602) 980- 1904 Email: [email redacted]

19928 W Dunlap Rd, Buckeye Az. 85326

I.M. Landscaping | Facebook From: Erik Meza To: [email redacted]; Esmeralda Rosario Subject: Re: I.M Landscaping LLC Documents Date: Wednesday, June 14, 2023 8:39:02 AM Attachments: LuminousBuilders1.pdf

Hi, can you guys give me an update on the pending payment for this project.

Total $14,290 Paid $5000

Due $9290

Project completed 5/23/2023.

On Fri, May 19, 2023, 11:12 AM Erik Meza <[email redacted]> wrote:

I.M LANDSCAPING LLC

ERIK MEZA, OWNER, CEO.

CR-21 ROC 342397

Phone: (602) 980- 1904

Email: [email redacted]

19928 W Dunlap Rd, Buckeye Az. 85326

I.M. Landscaping | Facebook From: [email redacted] To: [email redacted]; "Esmeralda Rosario" Cc: [email redacted] Subject: June Statement Date: Tuesday, June 20, 2023 9:33:32 PM Attachments: LuminousBuildersJune.pdf

Statement for the work Provided for the Month of June and past due amount for MAY. If there is another department or person that we should send statements please let me know, Thank you.

I.M LANDSCAPING LLC ERIK MEZA, OWNER, CEO. CR-21 ROC 342397 Phone: (602) 980- 1904 Email: [email redacted] 19928 W Dunlap Rd, Buckeye Az. 85326

I.M. Landscaping | Facebook From: [email redacted] To: [email redacted] Cc: [email redacted]; [email redacted]; "Esmeralda Rosario" Subject: FW: I.M Landscaping LLC Documents & Payment Request. Date: Wednesday, July 19, 2023 7:43:45 AM Attachments: EIN Letter from IRS.pdf Articles of Organization.pdf IBL-P3GY6HQH8_verifly.pdf LuminousBuilders1.pdf LuminousBuilders2.pdf

From: Erik Meza <[email redacted]> Sent: Friday, May 19, 2023 11:12 AM To: [email redacted]; [email redacted] Subject: I.M Landscaping LLC Documents

I.M LANDSCAPING LLC

ERIK MEZA, OWNER, CEO.

CR-21 ROC 342397

Phone: (602) 980- 1904

Email: [email redacted]

19928 W Dunlap Rd, Buckeye Az. 85326

I.M. Landscaping | Facebook From: Erik Meza To: [email redacted] Cc: [email redacted]; [email redacted]; Esmeralda Rosario Subject: Re: FW: I.M Landscaping LLC Documents & Payment Request. Date: Tuesday, August 1, 2023 5:45:03 AM

Hello. What is your update for payment. You're 60+ days past due.

On Wed, Jul 19, 2023, 7:43 AM <[email redacted]> wrote:

From: Erik Meza <[email redacted]> Sent: Friday, May 19, 2023 11:12 AM To: [email redacted]; [email redacted] Subject: I.M Landscaping LLC Documents

I.M LANDSCAPING LLC

ERIK MEZA, OWNER, CEO.

CR-21 ROC 342397

Phone: (602) 980- 1904

Email: [email redacted]

19928 W Dunlap Rd, Buckeye Az. 85326

I.M. Landscaping | Facebook From: Accounts Payable To: Erik Meza Subject: Re: FW: I.M Landscaping LLC Documents & Payment Request. Date: Tuesday, August 1, 2023 10:40:35 AM

Thank you for the information thus far, however, I still need all contracts we have signed with your company. Please note, I will be performing a formal audit as the amounts and projects certainly do not match our monetary budgets.

Thank you,

Jen Hazen

From: Erik Meza <[email redacted]> Date: Tuesday, August 1, 2023 at 5:45 AM To: Accounts Payable <[email redacted]> Cc: Cris Arroyo <[email redacted]>, [email redacted] <[email redacted]>, Esmeralda Rosario <[email redacted]> Subject: Re: FW: I.M Landscaping LLC Documents & Payment Request.

Hello. What is your update for payment. You're 60+ days past due.

On Wed, Jul 19, 2023, 7:43 AM <[email redacted]> wrote:

From: Erik Meza <[email redacted]> Sent: Friday, May 19, 2023 11:12 AM To: [email redacted]; [email redacted] Subject: I.M Landscaping LLC Documents

I.M LANDSCAPING LLC

ERIK MEZA, OWNER, CEO.

CR-21 ROC 342397

Phone: (602) 980- 1904

Email: [email redacted] 19928 W Dunlap Rd, Buckeye Az. 85326

I.M. Landscaping | Facebook From: Erik Meza To: Accounts Payable Subject: Re: FW: I.M Landscaping LLC Documents & Payment Request. Date: Tuesday, August 1, 2023 11:54:54 AM

Chris never gave us a contract to sign. We went over the price in the office. And he asked me to send an invoice. After I received since we finished the job he said we would get paid by June 1st. If we need to go back and do a meeting with you guys and him will be more than happy to do that.

On Tue, Aug 1, 2023, 10:40 AM Accounts Payable <[email redacted]> wrote:

Thank you,

Jen Hazen

Hello. What is your update for payment. You're 60+ days past due.

On Wed, Jul 19, 2023, 7:43 AM <[email redacted]> wrote:

From: Erik Meza <[email redacted]> Sent: Friday, May 19, 2023 11:12 AM To: [email redacted]; [email redacted] Subject: I.M Landscaping LLC Documents

I.M LANDSCAPING LLC

ERIK MEZA, OWNER, CEO.

CR-21 ROC 342397

Phone: (602) 980- 1904

Email: [email redacted]

19928 W Dunlap Rd, Buckeye Az. 85326

I.M. Landscaping | Facebook From: Erik Meza To: Accounts Payable Subject: Re: FW: I.M Landscaping LLC Documents & Payment Request. Date: Monday, August 7, 2023 11:21:00 AM

Hey Jen. Did you get a chance to talk to Chris. You guys did give a deposit on the invoice that was sent. We've been very patient. We trusted that you guys would pay us within the time frame Chris specified but that was 2 months ago.

On Tue, Aug 1, 2023, 10:40 AM Accounts Payable <[email redacted]> wrote:

Thank you,

Jen Hazen

Hello. What is your update for payment. You're 60+ days past due.

On Wed, Jul 19, 2023, 7:43 AM <[email redacted]> wrote:

From: Erik Meza <[email redacted]> Sent: Friday, May 19, 2023 11:12 AM To: [email redacted]; [email redacted] Subject: I.M Landscaping LLC Documents

I.M LANDSCAPING LLC

ERIK MEZA, OWNER, CEO.

CR-21 ROC 342397

Phone: (602) 980- 1904

Email: [email redacted]

19928 W Dunlap Rd, Buckeye Az. 85326

I.M. Landscaping | Facebook From: Accounts Payable To: Erik Meza Subject: Re: FW: I.M Landscaping LLC Documents & Payment Request. Date: Monday, August 7, 2023 1:17:33 PM

Hi Erik,

Unfortunately, I have not had the opportunity to discuss this matter with Cris, given he remains out of the office on personal matters. Even still, I mentioned to you earlier, without a written and signed agreement/contract it is very difficult for me to move forward with any payment. Given you are a licensed contractor yourself, I am confident you fully understand in the “Contractor World” all agreements and/or proceedings need to be in writing. Respectfully, in my long tenure handling Accounts Payable, I have never had a situation where I am having to decipher payment without a written contract. Sadly, I was not present during any of your interactions with Cris, hence I cannot follow the “he said, she said,” doctrine. Better more, as I am confident you understand we strictly abide by Arizona Revised Statute and AZ ROC standards, requiring all work be supplemented in writing by a signed and written contract.

Please note, I am certainly willing to review any written documents you provide me, however, without a signed and written agreement depicting your price, terms, and contractual obligations, I am very limited.

Best regards,

Jen Hazen

From: Erik Meza <[email redacted]> Date: Monday, August 7, 2023 at 11:21 AM To: Accounts Payable <[email redacted]> Subject: Re: FW: I.M Landscaping LLC Documents & Payment Request.

On Tue, Aug 1, 2023, 10:40 AM Accounts Payable <[email redacted]> wrote:

Thank you, Jen Hazen

Hello. What is your update for payment. You're 60+ days past due.

On Wed, Jul 19, 2023, 7:43 AM <[email redacted]> wrote:

From: Erik Meza <[email redacted]> Sent: Friday, May 19, 2023 11:12 AM To: [email redacted]; [email redacted] Subject: I.M Landscaping LLC Documents

I.M LANDSCAPING LLC

ERIK MEZA, OWNER, CEO.

CR-21 ROC 342397

Phone: (602) 980- 1904

Email: [email redacted]

19928 W Dunlap Rd, Buckeye Az. 85326

I.M. Landscaping | Facebook From: Erik Meza To: Accounts Payable Subject: Re: FW: I.M Landscaping LLC Documents & Payment Request. Date: Monday, August 7, 2023 2:19:03 PM

Please review AZ Prompt Payment Act. YOU WHERE INVOICED OVER 90 DAYS AGO. I'm sure homeowne has made payment for the work we completed & they can testify I completed. You gave me a deposit after the original invoice now are claiming that you can't finish paying?

I am a licensed contractor but am fairly new which is why I don't want to be taken advantage of.

Thank you.

On Mon, Aug 7, 2023, 1:17 PM Accounts Payable <[email redacted]> wrote:

Hi Erik,

Best regards,

Jen Hazen From: Erik Meza <[email redacted]> Date: Monday, August 7, 2023 at 11:21 AM To: Accounts Payable <[email redacted]> Subject: Re: FW: I.M Landscaping LLC Documents & Payment Request.

On Tue, Aug 1, 2023, 10:40 AM Accounts Payable <[email redacted]> wrote:

Thank you,

Jen Hazen

Hello. What is your update for payment. You're 60+ days past due.

On Wed, Jul 19, 2023, 7:43 AM <[email redacted]> wrote:

From: Erik Meza <[email redacted]> Sent: Friday, May 19, 2023 11:12 AM To: [email redacted]; [email redacted] Subject: I.M Landscaping LLC Documents

I.M LANDSCAPING LLC

ERIK MEZA, OWNER, CEO.

CR-21 ROC 342397

Phone: (602) 980- 1904

Email: [email redacted]

19928 W Dunlap Rd, Buckeye Az. 85326

I.M. Landscaping | Facebook From: Erik Meza To: [email redacted] Subject: Fwd: FW: I.M Landscaping LLC Documents & Payment Request. Date: Tuesday, September 12, 2023 7:28:25 PM Attachments: EIN Letter from IRS.pdf Articles of Organization.pdf IBL-P3GY6HQH8_verifly.pdf LuminousBuilders1.pdf LuminousBuilders2.pdf

---------- Forwarded message --------- From: <[email redacted]> Date: Wed, Jul 19, 2023, 7:43 AM Subject: FW: I.M Landscaping LLC Documents & Payment Request. To: <[email redacted]> Cc: <[email redacted]>, <[email redacted]>, Esmeralda Rosario <[email redacted]>

From: Erik Meza <[email redacted]> Sent: Friday, May 19, 2023 11:12 AM To: [email redacted]; [email redacted] Subject: I.M Landscaping LLC Documents

I.M LANDSCAPING LLC

ERIK MEZA, OWNER, CEO.

CR-21 ROC 342397

Phone: (602) 980- 1904

Email: [email redacted]

19928 W Dunlap Rd, Buckeye Az. 85326 I.M. Landscaping | Facebook DocuSign Envelope ID: 90F534F5-0B1E-4A9B-8EE1-0868509E5F1E AB39AAD0-93F3-4411-B2FA-AAA2A1E76D8E

www.tnkelectric.com 602-581-8244 3219 E Camelback Rd #814 Phoenix, AZ 85018 [email redacted], [email redacted] ROC # 319779, 3228218, 327213

PURCHASE AGREEMENT Christopher Miller Customer Name(s):

Phone Number(s): (951) 505-2510

Street Address: 1755 S 223rd Dr

Buckeye AZ 85326 City, State, Zip:

[email redacted] Email:

Utility: Arizona Public Service

Purchase Price: 70528.43

System Size (kW): 7.920

Module Quantity & STAR-440W -M60H-M10 Model

Inverter Model(s): IQ8M-72-2-US

IronRidge or equivalent Racking: $25,000 of landscaping to be done by Luminous Builders LLC. Additional Items or Materials:

Finance Company: GoodLeap DocuSign Envelope ID: 90F534F5-0B1E-4A9B-8EE1-0868509E5F1E AB39AAD0-93F3-4411-B2FA-AAA2A1E76D8E

TERMS AND CONDITIONS 1. Work to be Performed: T & K Electric shall provide the following services according to the terms in this agreement: ▪ Install the system and its components as described above, which includes design, supply and installation of solar photovoltaic panels, inverter(s), wiring, conduit, and racking; ▪ Obtain necessary permits from the local authorities having jurisdiction; ▪ Provide all equipment, labor, material, taxes, and install the entire system according to the terms of this Agreement; ▪ Coordinate building, electrical, and utility inspections; ▪ Test the system upon completion of the installation; schedule utility and city final inspection, turn system on and set up any monitoring capabilities; and ▪ Perform any additional items (if any) as noted in the additional items or materials section above. 2. Exclusions: Any deviation from the above specifications, including, but not limited to, any additional material and/or labor costs incurred by such deviation, are not part of the work to be performed. Any such deviation will only be executed if separately agreed to in writing or noted above. These deviations include, but are not limited to: ▪ Main service panel upgrades (MPU), sub-panels, or switchboards, if needed; ▪ Tree removal, non-standard groundwork (such as difficult soil conditions), trenching, or landscaping; ▪ Replacement or repair of existing roof or supporting roof structure; and ▪ Additional permitting requirements by authorities having jurisdiction, such as zoning, land use, environmental, and any other abnormal jurisdictional requirements 3. Timeline for Completion: While most projects install and receive permission to operate significantly sooner, the process of installing solar can be complex, time consuming and involves working with government agencies. We encourage all consumers to anticipate receiving permission to operate from the utility for their solar system within 180 days from time of contract signing. 4. Payment Schedule: If this is a Cash Purchase, the payments by the Customer shall be completed according to the “Payment Schedule for Cash Purchases”, included in this Agreement. If the System is a financed purchase, then customer shall make payments to the Finance Company according to the terms of the agreement with the Customer and the Finance Company. 5. State Obligations (ARS 44-1763): T & K Electric has provided a copy of ARS 44-1763 contract requirements with regards to Financing, Sale or Lease Agreements for Distributed Energy Generation Systems. 6. Insurance: At all times during the actual installation, T & K Electric shall keep in force a Commercial General Liability Insurance policy with limits of not less than One Million Dollars, to insure for injury to Contractor’s employees, and others, incurring loss or injury as a result of the acts of T & K Electric, its employees and subcontractors. 7. Compliance with Applicable Codes and Laws: All work shall be performed in a workmanlike manner and in full compliance with all applicable building codes and other applicable laws. T & K Electric shall at its own expense obtain and possess all necessary licenses, permits, and other things necessary and required for the proper performance of the work. 8. Use of Subcontractors: T & K Electric may utilize subcontractors to perform portions of the work. If subcontractors are utilized, T & K Electric shall fully pay for their services. 9. Taxes: T & K Electric shall pay all taxes required by any taxing authority having jurisdiction over the project. 10. Delays: T & K Electric shall not be liable for delays due to circumstances beyond its control. Any starting or completion dates provided by T & K Electric are best estimates and subject to change. T & K Electric's performance is based upon the prompt, complete, and accurate fulfillment of all of Customer's obligations including payment. 11. Ten-Year Limited Workmanship and Installation Warranty: This Ten-Year Limited Workmanship and Installation Warranty will extend for a period of ten (10) years from the date installation of the System is completed. Labor warranty is for two years for modules and inverters. T & K Electric warrants that the System will be constructed and installed in a good workmanship manner according to the standards of care and diligence generally practiced by solar engineering, construction, and installation companies when installing residential photovoltaic solar power systems of a similar size and type as the System in the geographic region where your Property is located, and pursuant to: (i) Good engineering design practices (ii) Manufacturer’s instructions (iii) Applicable law (including local codes and standards) (iv) Required governmental approvals and permits (v) Applicable requirements of the local utility DocuSign Envelope ID: 90F534F5-0B1E-4A9B-8EE1-0868509E5F1E AB39AAD0-93F3-4411-B2FA-AAA2A1E76D8E

12. Ten-Year Limited Roofing Penetration Warranty: T & K Electric warrants your roof against damage and water infiltration at each roofing penetration made by T & K Electric in connection with the installation of the System and the surrounding area of each such penetration (collectively, the “Covered Roof Areas”). T & K Electric will repair damage to your roof and repair or compensate you for actual physical damage to your property resulting from any water infiltration in the event of failure or defects in the Covered Roof Areas. 13. Warranty Exceptions: The Ten-Year Limited Roofing Penetration Warranty shall be void and voidable if work is performed by Customer, Customer’s contractors, or anyone other than T & K Electric or T & K Electric’s hired subcontractors on the covered roof area during the ten-year warranty period. The Ten-Year Limited Roofing Penetration Warranty does not cover any: (i) Leaks that occur in areas of the Customer’s roof not impacted by the Solar System; (ii) Pre-existing and/or underlying failures of the Customer’s roof; (iii) Foreign objects acting on the Customer’s roof (e.g. hail, golf balls, etc.); and (iv) Damage resulting from ordinary wear and tear, natural disasters, Force Majeure events, damage resulting from mold, fungus and other organic pathogens, shrinking/cracking of grout and caulking not used during install, fading of paints and finishes exposed to sunlight. *You acknowledge that installation of the Solar System may void any roofing warranty of the roof manufacturer or roof installer. T & K Electric assumes no responsibility if our work voids your roofing warranty. 14. Performance Guarantee: T & K Electric use top-tier equipment from major equipment manufacturers, which comes with standard warranties from the manufacturer, including a 25-year performance guarantee on the panels and inverters as well as any warranties in respect to equipment used to complete install. The equipment installed at the Customer’s home will include these manufacturers warranties. 15. Accessibility: Customer shall afford access of their residence to T & K Electric or its designee(s) to perform a site audit on the premise and install the system. Customer agrees that T & K Electric may take and use photos/videos of Customer’s property obtained before, during, or after installation for Company’s commercial purposes. Customer releases any rights to these photos/videos. 16. Payments: T & K Electric assumes no responsibility or liability for payment(s) made by Customer to any of T & K Electric sales reps or employees unless any such payment(s) is/are made by check payable to T & K Electric. 17. Completion Certificate: Customer agrees that he/she will sign a Contractor’s Completion Certificate, as well as any other documents deemed necessary by any financial institution which provides financing to Customer in order to acquire the products. The Completion Certificate only represents that the system has been installed and is required before permission to operate from the customer’s utility has been received. 18. Warranty of Existing System: Customer understands there is no written or implied warranty on Customer’s existing Electrical System(s). 19. Estimated Savings: Actual production/reduction of usage and customer savings may vary based on size of the system, orientation, and rate plans. Utility rates and funding program levels are subject to change. T & K Electric has no control over Utility rates and/or fees associated with the energy devices or Product’s sold, and therefore, makes no guarantee with respect to any cost savings from using the System. 20. Disclaimer: T & K Electric disclaims any liability for direct or indirect damages resulting from improper use, modifications, alterations, repairs, misuse, abuse, vandalism, damage caused by the serving utility company, fire, storm, flood, or other acts of God. T & K Electric shall not be liable for any direct, indirect or consequential damages, losses, costs or other expenses; however arising, in contract or in tort, including without limitation any economic losses of any kind, losses or damage to property or personal injury after completion of install. T & K Electric is liable during install and during any service or work done by the company after install. T & K Electric disclaims any responsibility for the system’s use or its operation for any intended purpose. 21. Liens and Waivers of Liens: T & K Electric has the right to place a lien on your home only if the Work is performed according to the terms of this Agreement but is not paid for its work. To maintain this right, a “Preliminary Notice” may be provided by T & K Electric. A Preliminary Notice is NOT a lien against Customer’s property. T & K Electric agrees to NOT file a lien against your property if Customer completes payment for a cash purchase, or if it receives funding from the Finance Company if the System is purchased with a loan from the Finance Company. 22. Change Orders: T & K Electric and the Customer recognize that unforeseen conditions or factors may become known subsequent to the time that the contract is signed. Alternatively, the customer may desire a change that would add time and cost to the DocuSign Envelope ID: 90F534F5-0B1E-4A9B-8EE1-0868509E5F1E AB39AAD0-93F3-4411-B2FA-AAA2A1E76D8E

work. If these, or other events, within or beyond the control of the parties, require adjustment to this contract, the parties shall make a good faith attempt to agree on all particulars including cost. 23. Dispute Resolution: Any controversy or claim arising out of, or relating to, this contract, or any breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its construction industry arbitration rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. A copy of such rules can be examined at WWW.ADR.org. If the customer does not have internet access, or upon request, a copy of the rules will be provided to the customer. 24. Transfer of Title: Customers at any time shall have the right to transfer title of home with attached solar system; however, the buyer must qualify under rules of financing or lease. The homeowner must notify T & K Electric within 15 days of closing to ensure transfer of warranty and maintenance. 25. Utility and Tax: Customer is aware that Utility rates, structures, and projected savings are subject to change. Also, any tax incentives may change or be terminated by executive, legislative or regulatory action.

PAYMENT STRUCTURE: The Payment schedule for cash purchases are as follows (otherwise payment terms with third party finance companies vary depending on funding source and will be specified in the finance company’s agreement): 1. The first payment of, $_______ is due at the time of Contract Execution. Drawings may not be prepared for Utility Company and Authority having Jurisdiction, if applicable, until this payment is received. 2. The second payment of, $_______ is due upon receipt of approval from the Utility Company and Authority having Jurisdiction, if applicable. Materials and Equipment may not be purchased until this payment is received. 3. The third payment of, $________ is due within two (2) business days of when the installation is complete, and the system is able to function in accordance with its intended purpose. Commissioning by the Utility Company may not be scheduled until this payment is received. 4. The Final Payment of, $________ is due upon commissioning by the utility company. Please note that while T & K Electric will work diligently to schedule the Utility Company, we have no control over when the Utility Company will actually commission the system.

All payments not received when due will be charged a 1.5% monthly service charge. Credit card payments are a valid and acceptable form of payment; however, payments made with credit cards are subject to additional merchant fees. DocuSign Envelope ID: 90F534F5-0B1E-4A9B-8EE1-0868509E5F1E AB39AAD0-93F3-4411-B2FA-AAA2A1E76D8E

NOTICE TO BUYER

• DO NOT SIGN this Agreement if any spaces affecting the timing, value, or obligations are not completed or left blank. • Customer is entitled to a copy of this Agreement at the time it is executed. • Customer understands that the tax credits offered by the Federal and State governments are credits against the buyer’s income tax liability. If the customer has any questions relating to tax credits then the customer should seek the professional advice of an accountant or an attorney regarding tax rebates and credits. Any information T & K Electric provides Customer is to the best of our knowledge but T & K Electric and its representatives are not tax professionals. • Customer is responsible to provide the paint for the conduit at the time of installation. T & K Electric will only paint the conduit at the time of installation and only with paint provided by the Customer. • Right of Rescission: Customer may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. See the attached Notice of Cancellation form for an explanation of this right.

A.R.S. § 44-1762 Warranties Solar energy device warranties; installation standards; inspections

A. The collectors, heat exchangers and storage units of a solar energy device that is sold or installed in this state or leased or financed under an agreement pursuant to Section 44-1763, and the installation of the solar energy device, shall be warranted for a period of at least two years or shall include an energy production output guarantee provided pursuant to Section 44-1763, Subsection A, Paragraph 4. The remaining components of the solar energy device and their installation shall be warranted for a period of at least one year. B. Any person who manufactures, furnishes for installation or installs a solar energy device shall provide with the device a written statement of warranty, responsibilities assumed or disclaimed and performance data of the solar energy device and components of the solar energy device as prescribed by Section 44-1763 as part of the agreement for the financing, sale or lease of a solar energy device. The form of the statement required by this Subsection is subject to approval by the Registrar of Contractors. The statement shall specify the source of any performance data it contains. A copy of the statement shall be delivered to the Registrar of Contractors where it shall be kept on public file. C. A person who sells a solar energy device in this state shall furnish a certificate to the buyer that the solar energy device possesses the general license that is appropriate to the type of solar energy device that is installed. D. Installers of a solar water heater or a photovoltaic device shall possess an appropriate contractor's license. 1. Meet any education and training standards that have been adopted by the registrar of contractors. 2. Pass an examination on the installation of the type of device to be installed, if the registrar of contractors has adopted such an examination. E. Solar energy devices that are designed or installed by the final owner are exempt from the requirements of Subsections A through E of this section. F. The installation of a solar energy device shall meet the requirements of: 1. All applicable fire, safety and building codes. 2. Consumer protection standards, including any freeze protection and temperature related damage standards. 3. All other applicable federal, state and local laws. G. Contractors who fail to meet safety, installation or other prescribed standards or the requirements of Section 44-1763 are subject to disciplinary action under Title 32, Chapter 10, Article 3.

A.R.S. § 44-1763 CONTRACT REQUIREMENTS Financing, Sale or Lease Agreements for Distributed Energy Generation Systems

An agreement governing the financing, sale or lease of a distributed energy generation System to any person or a political subdivision of this state must include:

A. No blank spaces affecting the timing, value or obligations of the agreement at the time of installation. B. At least ten-point type. C. The right to rescind the contract for a period of not less than three (3) business days after the contract is signed by the buyer or lessee and before the distributed energy generation system is installed. D. A description of the make and model of the System’s major components, or a guarantee of the energy production that the System will provide over the life of the Contract. DocuSign Envelope ID: 90F534F5-0B1E-4A9B-8EE1-0868509E5F1E AB39AAD0-93F3-4411-B2FA-AAA2A1E76D8E

E. For purchases, a breakdown of the following (if applicable): 1. Total purchase price or cost of the lifetime of the Contract 2. Any interest, installation fee, doc prep fees, service fees or other costs to be paid F. For financed or leased Systems, a breakdown of the following (if applicable): 1. Total number of payments 2. Payment frequency 3. The amount of each payment 4. Payment due date G. The current and applicable tax incentives, rebates or other state or federal incentives, and any conditions or requirements needed to obtain these incentives. H. The current tax obligations, including the assessed value and property tax assessments, as applicable and calculated in the year the contract was signed, transaction privilege taxes, and any obligations for transfer tax credits or tax incentives. I. How warranty or maintenance information obligations may be sold to or transferred to a 3rd-party. J. A written warranty statement that includes responsibilities assumed or disclaimed and performance data of the System and components. K. Any restrictions on the ability to modify or transfer ownership of the System, including whether any modification or transfer is subject to review or approval by a third party, and such third party’s full contact information L. Any third-party review requirements in the event of a modification or transfer of ownership of the real property to which the System is or will be affixed, including such third-party’s full contact information. M. A summary of the total financing, operating, maintenance and construction costs of the System. N. The contact information of the entity that may assume the obligation of maintenance, or warranty, should it be transferred. If the agreement contains an estimate of the buyer's or lessee's future utility charges based on projected utility rates after the installation, it must also provide an estimate of utility charges during the same period with at least a plus or minus 5% range from current utility costs. O. A statement that utility rates, structures, and projected savings are subject to change. Also, that any tax incentives may change or be terminated by executive, legislative or regulatory action. DocuSign Envelope ID: 90F534F5-0B1E-4A9B-8EE1-0868509E5F1E AB39AAD0-93F3-4411-B2FA-AAA2A1E76D8E

NOTICE OF CANCELLATION (CUSTOMER COPY)

03/29/2023 Cancellation Date: ___________________

You may CANCEL this transaction, without any Penalty or Obligation, within THREE BUSINESS DAYS from the above date.

If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within TEN BUSINESS DAYS following receipt by the T & K Electric of your cancellation notice, and any security interest arising out of the transaction will be cancelled. If you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale, or you may, if you wish, comply with the instructions of the seller regarding the return shipment of the goods at T & K Electric’s expense and risk. If you do make the goods available to the seller and the seller does not pick them up within 20 days of the date of your Notice of Cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract.

To cancel this transaction, mail or deliver a signed and dated copy of this Cancellation Notice or any other written notice, or send a telegram, to T & K Electric Company, LLC, at 1543 W Elliot Rd STE 104 Gilbert, AZ 85233 NOT LATER THAN MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE THS AGREEMENT WAS SIGNED.

I HEREBY CANCEL THIS TRANSACTION.

Date: ______________________

Buyer’s signature: ______________________ DocuSign Envelope ID: 90F534F5-0B1E-4A9B-8EE1-0868509E5F1E AB39AAD0-93F3-4411-B2FA-AAA2A1E76D8E

NOTICE OF CANCELLATION (RETURN THIS COPY TO T & K Electric)

Cancellation Date: ___________________ 03/29/2023

You may CANCEL this transaction, without any Penalty or Obligation, within THREE BUSINESS DAYS from the above date.

If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within TEN BUSINESS DAYS following receipt by the T & K Electric of your cancellation notice, and any security interest arising out of the transaction will be cancelled. If you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale, or you may, if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the T & K Electric's expense and risk. If you do make the goods available to the seller and the seller does not pick them up within 20 days of the date of your Notice of Cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract.

I HEREBY CANCEL THIS TRANSACTION.

Date: ___________________

Buyer’s signature: ___________________ DocuSign Envelope ID: 90F534F5-0B1E-4A9B-8EE1-0868509E5F1E AB39AAD0-93F3-4411-B2FA-AAA2A1E76D8E

I HAVE READ AND UNDERSTAND THE ABOVE All agreements regarding performance of the work are stated herein. This Contract entered into as of the date indicated below is by and between T & K Electric and the undersigned Homeowner(s) hereinto referred to as “Customer”.

_______________________________________________________ 3/25/2023 _________________________ Customer(s) Signature Date

_______________________________________________________ 3/25/2023 __________________________

T & K Electric Representative Signature Date DocuSign Envelope ID: 90F534F5-0B1E-4A9B-8EE1-0868509E5F1E

CANCELLATION PROVISION

3/25/2023 Date of Transaction: ______________

You may CANCEL this transaction without Penalty or Obligation within THREE BUSINESS DAYS from the above date. If you cancel any time after midnight of the third business day for any reason, you will be subject to two cancellation fees:

1. Any fee(s) payable to T & K Electric to cover costs of the started project. This fee should be paid to T & K Electric.

2. A cancellation fee equal to twenty-five percent (25%) of the contract price if the customer cancels at any time after midnight of the third business day after executing this agreement. T & K Electric has assigned its rights under this provision, including its right to collect this fee and litigate thereof, to Luminous Builders LLC, d/ b/a Luminous Energy. Luminous Builders LLC is entitled to recoup all collection costs and fees incurred in enforcing this provision. You may satisfy this fee by paying the total sum owed to Luminous Energy in the form of a Cashier's Check or Money Order, payable to Luminous Builders LLC. Payment should be hand delivered to Luminous Energy at 14415 W. McDowell Road, Suite D-106, Goodyear, AZ 85395.

To cancel this transaction, mail or deliver a signed and dated copy of this Cancellation Notice to Luminous Energy, at 14415 W. McDowell Road, Suite D-106, Goodyear, AZ 85395, NO LATER THAN MIDNIGHT OF THE THIRD BUSINESS DAY, AFTER THE DATE OF THIS TRANSACTION.

By initialing below customer acknowledges understanding of this provision.

I, _________________________ HEREBY CANCEL THIS TRANSACTION. CUSTOMER'S NAME

DATE: ____________________

SIGNATURE: _____________________

_______ CUSTOMER’S INITIALS DocuSign Envelope ID: 90F534F5-0B1E-4A9B-8EE1-0868509E5F1E

CONSUMER ACKNOWLEDGEMENT

Financing, Sale or Lease Agreements for Distributed Energy Generation Systems

Adherence A.R.S. § to 44-1763 Consumers buying, financing or leasing a solar distributed energy generation system (“System”) must receive certain disclosures from the manufacturer and solar installers regarding warranties, payment obligations, performance data and major System components as set forth in A.R.S § 44-1763.

As part of the installer’s interconnection application process for the purchase or lease of a System, consumers must acknowledge below that they have had the opportunity to review their contract documentation to ensure that it contains all the required information set forth on the attached Table 1, A.R.S § 44-1763 Contract Requirements.

APS will reject interconnection applications which do not include a signed copy of this acknowledgement.

I, CONSUMER:

• Have read the attached Table 1, A.R.S § 44-1763 Contract Requirements

• Have been given the opportunity to review the contract documentation for the purchase or lease of my System to ensure that it contains all the required information set forth on the attached Table 1, A.R.S § 44-1763 Contract Requirements.

Consumer Signature:

Consumer Printed Name: Christopher Miller

Address: 1755 S 223rd Dr

City/State/Zip: Buckeye AZ 85326

APS [account number redacted]

Date: 3/25/2023

Rev 9/20/16 DocuSign Envelope ID: 90F534F5-0B1E-4A9B-8EE1-0868509E5F1E

TABLE 1. A.R.S § 44-1763 Distributed Energy Generation System Agreements & Disclosures Financing, Sale or Lease Agreements for Distributed Energy Generation Systems An agreement governing the financing, sale or lease of a distributed energy generation System to any person or a political subdivision of this state must include:

•No blank spaces affecting the timing, value or obligations of the agreement at the time of installation. Any signed agreement containing blank spaces affecting timing, value of or material obligations is voidable by the buyer/lessee up to the point of installation. • At least ten-point type • The right to rescind the agreement for a period of not less than three (3) business days after the agreement is signed by the buyer or lessee and before the distributed energy generation system is installed. • A description of the make and model of the System’s major components, or a guarantee of the energy production that the System will provide over the life of the agreement. • For purchases, a breakdown of the following (if applicable): o Total purchase price or cost over the lifetime of the agreement o Any interest, installation fee, document preparation fees, service fees or other costs to be paid • For financed or leased Systems, a breakdown of the following (if applicable): oTotal cost over the lifetime of the agreement o Any interest, installation fee, document preparation fees, services or other costs o Total number of payments o Payment frequency o The amount of each payment o Payment due date • The current and applicable tax incentives, rebates or other state or federal incentives, and any conditions or requirements needed to obtain these incentives. • The current tax obligations, including the assessed value and property tax assessments, as applicable and calculated in the year the agreement was signed, transaction privilege taxes, and any obligations for transfer tax credits or tax incentives. • Whether warranty or maintenance obligations may be sold to or transferred to a 3rd-party.

• A written warranty statement that includes responsibilities assumed or disclaimed and performance data of the System and components. • Any restrictions on the ability to modify or transfer ownership of the System, including whether any modification or transfer is subject to review or approval by a third party, and such third party’s full contact information • Any third-party review requirements in the event of a modification or transfer of ownership of the real property to which the System is or will be affixed, including such third-party’s name, address and telephone number . • A full and accurate summary of the total costs of the maintaining and operating the system over the life of the agreement including, financing, operating, maintenance and construction costs of the System. • The contact information of the entity that may assume the obligation of maintenance, or warranty, should it be transferred.

Rev 9/20/16 DocuSign Envelope ID: 90F534F5-0B1E-4A9B-8EE1-0868509E5F1E

• If the agreement contains an estimate of future utility charges based on projected utility rates, buyer/lessee must be provided an estimate of future utility charges as impacted by potential utility rates changes ranging from at least a five percent annual decrease to a five percent increase applied to the duration of the agreement in one percent increments. Any comparative estimates must be calculated by applying the entire rate change range to the duration of the agreement. • A statement that: “Utility rates and utility rate structures are subject to change. These changes cannot be accurately predicted. Projected savings from your distributed energy generation system are therefore subject to change. Tax incentives are subject to change or termination by executive, legislative or regulatory action.”

Rev 9/20/16 DocuSign Envelope ID: 90F534F5-0B1E-4A9B-8EE1-0868509E5F1E

APPENDIX IIA

DISCLAIMER

POSSIBLE FUTURE RULES and/or RATE CHANGES AFFECTING YOUR ROOFTOP PHOTOVOLTAIC SYSTEM

1. APS electricity rates, basic charges and service fees are subject to change. Future adjustments to these items may positively or negatively impact any potential savings or the value of your rooftop photovoltaic system.

2. You will be responsible for paying any future increases to electricity rates, basic charges or service fees from APS.

3. Your rooftop photovoltaic system is subject to the current rates, rules and regulations established by the Arizona Corporation Commission (“Commission”). The Commission may alter its rules and regulations and/or change rates in the future, and if this occurs, your system is subject to those changes.

4. Any future electricity rate projections presented to you are not approved by APS or the Commission. They are based on projections formulated by external third parties not affiliated with APS or the Commission.

By signing below, you acknowledge that you have read and understood the above disclaimer.

Signed, By signing this disclaimer, you confirm your understanding that the economics behind your Christopher Miller decision to buy or lease solar may __________________________________________ change. You are signing up for a Name/signature long-term agreement with a third-party NOT affiliated with APS, whose numbers are based __________________________________________ 3/25/2023 on their own predictions about Date rates and policies that are subject to change.

rev. 6/4/2020 Certificate Of Completion Envelope Id: 90F534F50B1E4A9B8EE10868509E5F1E Status: Completed Subject: Solar Closing Documents for Christopher Miller Source Envelope: Document Pages: 14 Signatures: 4 Envelope Originator: Certificate Pages: 2 Initials: 1 Docs Team AutoNav: Enabled 3049 Executive Way EnvelopeId Stamping: Enabled Lehi, UT 84043 Time Zone: (UTC-07:00) Mountain Time (US & Canada) [email redacted] IP Address: 35.226.245.99

Record Tracking Status: Original Holder: Docs Team Location: DocuSign 3/25/2023 11:55:23 AM [email redacted]

Signer Events Signature Timestamp Colton Avila Sent: 3/25/2023 11:55:25 AM [email redacted] Viewed: 3/25/2023 11:55:46 AM Security Level: Email, Account Authentication Signed: 3/25/2023 11:56:54 AM (None) Signature Adoption: Pre-selected Style Using IP Address: 174.205.230.129

Electronic Record and Signature Disclosure: Not Offered via DocuSign

Christopher Miller Sent: 3/25/2023 11:56:56 AM [email redacted] Viewed: 3/25/2023 11:58:27 AM Security Level: Email, Account Authentication Signed: 3/25/2023 12:21:45 PM (None) Signature Adoption: Drawn on Device Using IP Address: 174.240.21.182 Signed using mobile Electronic Record and Signature Disclosure: Not Offered via DocuSign

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Carbon Copy Events Status Timestamp Ethan Schleis Sent: 3/25/2023 12:21:46 PM [email redacted] Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Carbon Copy Events Status Timestamp Robert Sent: 3/25/2023 12:21:46 PM [email redacted] Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign

Submissions Sent: 3/25/2023 12:21:46 PM [email redacted] Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign

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Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 3/25/2023 11:55:25 AM Certified Delivered Security Checked 3/25/2023 11:58:27 AM Signing Complete Security Checked 3/25/2023 12:21:45 PM Completed Security Checked 3/25/2023 12:21:46 PM

Payment Events Status Timestamps I.M Landscaping LLC 19928 W Dunlap Rd Buckeye Az, 85326 Licensed, Bonded, & Insured ROC 342397 INVOICE CELL: [number redacted] EMAIL: [email redacted] CUSTOMER NAME DATE Luminous Builders 14-May ADDRESS INVOICE NUMBER 14415 w Mcdowell RD, d-104 163/2023 CONTACT PERSON JOB NAME Cris Arroyo Coyote Ridge PHONE JOB LOCATION [number redacted] 1755 s 223rd Dr, Buckeye AZ EMAIL ESTIMATED JOB LENGTH [email redacted] ITEM Nomenclature Unit Total Cost Amount Concrete Patio 3500psi SQFT 550 8.5 4,675.0 Artificial Turf 80oz SQFT 885 9.0 7,965.0 Mexican Pebble 1" TON 15 110.0 1,650.0

Total 14,290.0 I.M Landscaping LLC 19928 W Dunlap Rd Buckeye Az, 85326 Licensed, Bonded, & Insured ROC 342397 INVOICE CELL: [number redacted] EMAIL: [email redacted] CUSTOMER NAME DATE Luminous Builders 20-Jun ADDRESS INVOICE NUMBER 14415 w Mcdowell RD, d-104 182/2023 CONTACT PERSON JOB NAME Cris Arroyo June PHONE JOB LOCATION [number redacted] n/a EMAIL ESTIMATED JOB LENGTH [email redacted] May 20, 2023- June 20, 2023 ITEM Nomenclature Unit Total Cost Amount 19735 w Rancho- 2.5 Tons Turner North ton 2 130.0 260.0 19735 w Rancho- Water System Check & Adjust LS 1 100.0 100.0 MAY INVOICE 163/2023- PAST DUE PAST DUE 1 9,290.0 9,290.0

Total 9,650.0 0123ÿ516789 ÿ 12316789 1

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8 8ÿ6ÿtÿ3126+ =# November 27, 2023

Luminous Builders LLC 14415 W. McDowell Road Suite D-104 Goodyear, AZ 85395

Via email to: [email redacted] and [email redacted]

Registrar of Contractors 1700 W. Washington Street Suite 105 Phoenix, AZ 85007

Re: Luminous Builders LLC adv. I.M. Landscaping LLC; Complaint No. 2023-12534

Registrar of Contractors,

The purpose of this written communication is to formally respond to an ROC Non-Pay Complaint filed by I.M. Landscaping LLC against Luminous Builders LLC, Complaint No. 2023-12534. Precisely, this written communication is in direct response to the ROC’s request for a response by December 05, 2023, before a final determination is made on whether a Citation against Luminous Builders LLC is warranted. In turn, this response will convey the facts, reasons, affirmative allegations, and defenses to establish hereby convincingly, well beyond a preponderance of the evidence, I.M Landscaping LLC’s complaint lacks merit, I.M. Landscaping LLC is disingenuousness in their statements to the ROC and sadly, relying on the ROC as a resource to further its unethical contractor practices against Luminous Builders LLC. Withal, Luminous Builders LLC prays the Registrar will closely examine the facts surrounding this matter and find a citation is not warranted.

After thoroughly reviewing the Non-Pay Complaint in its entirety, moreover, I.M. Landscaping LLC’s statement of facts, it is readily clear, I.M. Landscaping LLC is willfully and willingly providing inaccurate and deceptive information to the Registrar. Moreover, I.M. Landscaping LLC’s statement of facts is not only completely inaccurate and purposely distorted but also self- contradictory, further proving the contractor’s clear unethical and plain disingenuous practices.

According to I.M. Landscaping LLC’s statement of facts, on May 11, 2023, at an undisclosed time and an undisclosed location, “we”, undisclosed who “we” constitutes, met with Cris Arroyo. It should be noted, Cris Arroyo is a full-time employee, NOT a principal and NOT an owner, of Luminous Builders LLC. Further, according to I.M. Landscaping LLC’s statement of facts, during such alleged meeting, “he”, assuming, Cris Arroyo, gave “us”, undisclosed who “us” constitutes, details for “the project”, undisclosed what “project” “we” or “us” is referring to. Even still, in their statement of facts, I.M. Landscaping LLC proceeds by noting; “550sqft of Concrete, 885sqft of turf, & 10 tons of rocks.” What exactly does this mean? Unfortunately, no evidence or even basic information is provided by I.M. Landscaping LLC to the Registrar to substantiate what exactly this statement means. Further, after carefully reviewing ALL documents supplied by I.M. Landscaping LLC to the Registrar with their complaint, no documentation is found to substantiate or even slightly support such vague and unsubstantiated statement.

Without doubt, several factual concerns are risen by I.M. Landscaping LLC’s ambiguous statement to the Registrar. Principally, without ANY written documentation to support the alleged proposed Scope of Work, how was a materials and labor estimate produced? What terms and conditions were conveyed and agreed upon by the contractors? Simply, without a written proposal and/or estimate it is merely unreasonable for I.M. Landscaping LLC to attest to an original Scope of Work, nonetheless, ascertain fictitious pricing stemming from the lack of ANY written estimate and/or proposal.

Even more, in their statement of facts, I.M. Landscaping LLC continues by alleging, “we”, undisclosed who “we” constitutes once again, “agreed on a set price of $8.5/SQFTft for concrete, 9.0/SQFT for 80oz artificial turf, & $110/TON of Dg to be installed.” Once more, I.M. Landscaping LLC provides the Registrar with an ambiguous and unsupported statement. After thoroughly reviewing ALL documents supplied by I.M. Landscaping LLC to the Registrar with their complaint, no documentation is found to substantiate or even slightly support such statement. How did this discussion with random measurements, weights, and the sum of $110, come about? After thoroughly reviewing ALL of I.M. Landscaping LLC’s complaint and alleged supporting documents, NO documentation is found to even nearly articulate nor explain how these alleged measurements, weights and the sum of $110, came to fruition.

Further, the principal question remains as; what documentation does I.M. Landscaping LLC have to support their claim that someone, if anyone, from Luminous Builders LLC agreed to such random measurements, weights, and the number $110? Does I.M. Landscaping LLC believe they are entitled to produce the Registrar a complaint based on random, vague, and unsupported group of statements and it is the Registrar and/or Luminous Builders LLC’s duty to decipher, explain and then support such fictitious statements on behalf of I.M. Landscaping LLC? Considerately, it is unreasonable and entirely disrespectful for I.M. Landscaping LLC to include random, unsupported statements in an official complaint to the Registrar without ANY material facts, evidence or even documentation to support a clearly malicious claim.

Sadly, if I.M. Landscaping LLC or any other licensed contractor had the ability to self-prescribe pricing after a job is completed and then allege an agreement to such pricing was reached by simply providing “he said, she said” vague statements, then what would protect consumers and other contractors from inflated pricing schemes or even Mechanic’s Liens against properties when consumers and/or contractors refused to pay inflated pricing based on fictitious agreements? Precisely, this is the primary reason honest and reputable licensed contractors always supply a written estimate and/or proposal to the consumer and/or contractor, followed by a written contract before ANY work is commenced or performed.

Furthermore, I.M. Landscaping LLC continues their fabricated statement of facts by noting, “Cris advised they would provide $5,000.00 deposit to cover our materials and the pending amount would be paid upon completion to which I agreed.” Remarkably, this statement is a complete fabrication of facts from I.M. Landscaping LLC and simply unimaginable. Precisely, if per I.M. Landscaping LLC’s own affirmation, the site had not been visited, no Scope of Work had been presented and no time had passed to allow for I.M. Landscaping LLC to produce any sort of estimate and/or proposal, how was a price agreed to, better more a so-called a “deposit” of $5,000.00 determined?

It should be noted, I.M. Landscaping does NOT state what the agreed total contract price was, during this alleged meeting. How can a deposit be agreed to when the total project price has not been agreed to yet? Was the $5,000.00 supposed to be a certain percentage of the total project price? Or was this an advancement, with opportunity for credit in case of overpay? Once more, honest, and reputable licensed contractors, first and foremost agree on the total project price, including labor and materials, before ANY discussion is made about deposits.

Significantly, I.M. Landscaping LLC far distinguishes their statement from the truth by later in their explanation, attesting the $5,000.00 “deposit” was to cover materials. Once more, it is hard to believe, if not, simply unimaginable, that I.M. Landscaping LLC from simply having an alleged “in person meeting” with a Luminous Builders LLC employee had the ability to determine Scope of Work, Pricing, and even a materials “deposit” without setting one foot on the property in question.

Ironically, I.M. Landscaping LLC’s absurd statement of facts to the Registrar attempts to prove, I.M. Landscaping skips ALL common practices of Licensed Contractors including; conducting a site visit, also known as a “on-site walk”, producing written estimates and/or proposals with Scope of Work and Pricing, and certainly scribing contracts or ANY other documentation to memorialize the Scope of Work, Price and terms for which the work was agreed to be completed under. Is this practice acceptable by the Statutes, Rules, and Policies of the Registrar of Contractors?

Moreover, in their statement of facts, I.M. Landscaping LLC continues by further contradicting their statements by noting, “The morning of May 12 we visited the property with Cris & property owner Maribel Miller to draw a layout and verify Luminous Builders measurements.” It should be noted, in their previous affirmation to the Registrar, I.M. Landscaping LLC stated pricing had been agreed on and a materials “deposit” had also been accorded. Even still, in this portion of their statement of facts, I.M. Landscaping LLC now affirms “we”, once again undisclosed who “we” constitutes, visited the property to draw a layout and verify Luminous Builders measurements. Remarkably, this is a complete contradiction to their previous affirmation, as now I.M. Landscaping LLC is stating they visited the property with the intent to obtain measurements, determine Scope of Work and “draw a layout”, unsure what this precisely means, but perhaps I.M. Landscaping LLC is referring to a rendering. It should be noted, the alleged layout I.M. Landscaping LLC affirms to the Registrar they completed is NOT included in their complaint. Also, no “layout” was ever shown nor supplied to Luminous Builders LLC by I.M. Landscaping LLC. Is this another fictitious attestation being made to the Registrar by I.M. Landscaping LLC? Remarkably, based on I.M. Landscaping LLC’s statements, it can be validly concluded I.M. Landscaping LLC works contrary to common practices, based on their statements to the Registrar, first they agree on total project price and even a “materials deposit”, then they conduct site visits, formulate renderings “lay-outs”, and take measurements. If this was true, what would protect I.M. Landscaping LLC from severely underbidding a project? If they first agree on pricing and even a materials “deposit”, what would be the purpose of a site visit, rendering and taken measurements if pricing was already agreed on?

Still, according to I.M. Landscaping LLC’s statement of facts, on May 16th an invoice was sent for $14,290.00 to [email redacted]. It should be noted, this is the very FIRST time I.M. Landscaping LLC discloses the alleged total project price in their sworn statement to the Registrar. Ironically, based on I.M. Landscaping LLC’s own affirmation of facts and chronological summary events to the Registrar, the alleged total project price of $14,290.00 had NEVER been discussed before, even though work had by now then been commenced and nearly completed. Remarkably, by I.M. Landscaping LLC’s own account and affirmation of the truth to the Registrar, the only amount that continues to be alleged and disclosed is the sum of $5,000.00, which Luminous Builders LLC will later in this writing factually explain such great coincidence.

Further, I.M. Landscaping LLC continues their statement of facts to the Registrar by attesting that on “5/22” the project was completed, and completion pictures were sent to Cris Arroyo via text. Oddly, after thoroughly reviewing ALL of the documents provided by I.M. Landscaping LLC to the Registrar, along with their formal complaint, the alleged “pictures” are nowhere to be found. Is this another fictitious attestation being made by I.M. Landscaping LLC to the Registrar?

Thereafter, I.M. Landscaping LLC finally resorts to the truth and facts by stating that on “5/26” they received a deposit of $5,000.00 from Gusto, Luminous Builders LLC’s payroll servicer. Then, I.M. Landscaping LLC continues their sequence of the truth by noting that on “6/8” a subsequent meeting took place with Cris Arroyo, “at another property to view a different job site.” It should be noted, based on this later statement to the Registrar, I.M. Landscaping LLC is completely contradicting ALL of their previous statements to the Registrar, as clearly now they are attesting they FIRST visit “job sites”, before ANY pricing, Scope of Work or even deposits are agreed to. In turn, does I.M. Landscaping LLC intend for the Registrar to believe that for some strange reason, the project from which this formal complaint stemmed from was the exception to even their own practices? Without doubt, I.M. Landscaping LLC’s repulsive affirmations to the Registrar are fictitious and blatantly illogical. Moreover, a detailed, factual and thorough explanation of the facts and only that, by Luminous Builders LLC, as delineated below, will elaborate the truth of the matter asserted.

Luminous Builders LLC Statement of Facts:

On or about May 10, 2023, Luminous Builders LLC employee, Cris Arroyo, reached out by telephone to a middle-aged, Hispanic male, whom Mr. Arroyo knew as “Lino” to find out if he was interested in doing some landscaping clean-up work for Luminous Builders LLC. It should be noted, Cris, knew “Lino” from “Lino” formerly doing some basic landscaping clean-up at Mr. Arroyo’s personal residence. The initial conversation Mr. Arroyo had with “Lino” was to find out if “Lino” was licensed, bonded, and insured. Fortunately, “Lino” was honest and informed Mr. Arroyo he was NOT licensed, bonded nor insured, however, mentioned his nephew, Erik Meza was a licensed landscaping contractor. In turn, Mr. Arroyo asked “Lino” to forward his contact information to Mr. Meza, for Mr. Arroyo to speak directly with Mr. Meza.

In turn, on or about May 11, 2023, Mr. Arroyo received a telephone call from Mr. Meza advising him he was in the area and available to meet with Mr. Arroyo in-person, if Mr. Arroyo was available. As a result, Mr. Arroyo invited Mr. Meza to meet with him at Luminous Builders LLC’s office, located at 14415 W. McDowell Rd., Suite D-104, Goodyear, AZ 85395.

Still, on May 11, 2023, sometime during the afternoon, Mr. Meza arrived at the Luminous Builders LLC office and asked front desk personnel if he could meet with Mr. Arroyo. Mr. Arroyo thereby invited Mr. Meza, who was accompanied by his alleged uncle, “Lino”, back to his office. During this short in-person meeting, Mr. Arroyo asked Mr. Meza for his legal company name and briefly conducted an AZ ROC records online inquiry on Mr. Meza’s company. After confirming, I.M. Landscaping LLC was apparently licensed, bonded, and insured, Mr. Arroyo advised Mr. Meza he was looking to get a quote on an upcoming job involving artificial turf and gravel.

Moreover, during this initial in-person meeting Mr. Arroyo advised Mr. Meza, there was a high possibility additional work was going to be done, at the request of the homeowner, at a later time, possibly involving concrete, however, Mr. Arroyo emphasized to Mr. Meza for the time being the allotted budget for the project was only to cover Artificial Turf and Gravel, as this landscaping project was part of Sustainability Project involving solar energy and waterless landscaping. Even still, Mr. Arroyo informed Mr. Meza he would communicate with the homeowner and the solar installer and find out what, if any, additional work for an additional price the homeowner wished to have done. With that, Mr. Arroyo precisely informed Mr. Meza the allotted budget for the Artificial Turf and Gravel was $5,000.00.

In turn, as customary, Mr. Meza advised he needed to visit the property to take measurements and assess the ground conditions to better provide Mr. Arroyo with a total project price. Mr. Arroyo expressed complete understanding, however, once more elaborated he was only able and willing to pay $5,000.00 for the waterless landscaping.

Consequently, on or about May 12, 2023, Mr. Arroyo, and Mr. Meza visited the property in question, address of 1755 S. 223rd Drive, Buckeye, AZ 85326. Upon arrival, Mr. Arroyo, contacted the homeowner, who provided verbal consent for Mr. Arroyo and Mr. Meza to enter her fenced backyard for the purpose of determining the scope of work, amount of material and time frame dictated by Mr. Meza.

While on site, the homeowner, expressed to Mr. Arroyo the positioning of the Artificial Turf and Gravel in her backyard, however, also expressed wanting a concrete slab. During this conversation, Mr. Meza was within earshot distance and conveniently joined the conversation between the homeowner and Mr. Arroyo. Still, Mr. Arroyo maintained Mr. Meza’s primary focus was to obtain measurements and instructions from the homeowner on the Artificial Turf and Gravel, however, added, while on-site Mr. Meza would also obtain measurements to determine material and labor costs for the concrete work, should that be approved by the solar installer and/or homeowner, at a later time. Nevertheless, a few minutes later, Mr. Meza advised he had obtained all the information he needed from the property and along with Mr. Arroyo departed the property and returned to their vehicles, situated, on the side of the public roadway. Once there, Mr. Meza informed Mr. Arroyo he was able to accept the $5,000.00 for the Artificial Turf and Gravel and mentioned he was able to commence the work the very next morning.

In turn, Mr. Arroyo directed Mr. Meza to please forward him a written estimate delineating the Scope of Work, Materials and Pricing, followed by a contract that delineated the same in addition to his workmanship warranty. Additionally, Mr. Arroyo asked Mr. Meza to forward him his LLC information, EIN, Certificate of Insurance, and direct deposit information. Mr. Arroyo precisely informed Mr. Meza as soon as those documents were received and reviewed, he would approve the commencement of work.

It should be noted, Luminous Builders LLC is closed on Saturday and Sundays. Even still, on the late afternoon of Saturday, May 13, 2023, Mr. Arroyo received a phone call from Mr. Meza advising him they had already completed most of the work and would be finishing up by Monday, May 15, 2023. Further, Mr. Meza alleged to Mr. Arroyo he had already sent all documentation to Mr. Arroyo’s email. In turn, Mr. Arroyo advised Mr. Meza he had not seen any of his documentation; however, he would review everything on Monday morning upon his return to his office.

As a result, on Monday, May 15, 2023, Mr. Arroyo returned to his office and still was unable to locate any of Mr. Meza’s documentation in his email. As such, Mr. Arroyo contacted Mr. Meza, at which time Mr. Meza stated he was having difficulty sending the documents via email, however, would be stopping by Mr. Arroyo’s office the following morning to drop everything off.

Oddly, Mr. Meza did respond unannounced to the Luminous Builders LLC office on the morning of Tuesday, May 16, 2023, however, Mr. Arroyo was not present. Conveniently, instead of producing ANY documentation as he had been repeatedly asked to do by Mr. Arroyo, Mr. Meza instead approached Office Manager, Esmeralda Rosario and asked her if she could confirm Artificial Turf was also part of the project awarded to him. Confused by Mr. Meza question, given her clear lack of involvement on that or ANY other project, Ms. Rosario immediately contacted Mr. Arroyo at which time Mr. Arroyo also confused by Mr. Meza’s question, for which he clearly knew the answer, still confirmed via phone with Ms. Rosario. At this time, Mr. Meza grabbed a Business Card from Ms. Rosario’s desk and quickly rushed out of the Luminous Builders LLC office.

In turn, Mr. Arroyo once more reached out to Mr. Meza and advised him it was imperative that he provide all of the documentation that he had been asked for repeatedly. Mr. Meza stated he would be sending all the documentation as soon as he arrived home later that evening.

Even still, on or about Friday, May 19, 2023, Mr. Arroyo realized he still had NOT received ANY documentation from Mr. Meza at which time he called Mr. Meza and informed him he had to suspend ALL work until all his documentation was received and reviewed by Luminous Builders LLC. At this time, Mr. Meza stated he had already completed the work the day prior, to include the concrete work and had also already sent Luminous Builders LLC an invoice. Immediately, Mr. Arroyo questioned Mr. Meza why he had done the concrete work, given he had specifically told him that was NOT yet part of the work. In turn, Mr. Meza said he did it to show Mr. Arroyo his quality of work and had done it for the price agreed. Shocked, Mr. Arroyo told Mr. Meza he certainly appreciated his extra efforts, however, for future purposes, he did not want Mr. Meza to perform ANY work outside the agreed Scope of Work. Even still, Mr. Arroyo checked his email and did not find ANY documentation from Mr. Meza, including an invoice.

Remarkably, at this time, Mr. Meza advised Mr. Arroyo he had sent the invoice to Ms. Rosario’s email. Flabbergasted by Mr. Meza’s decision to send an invoice to Ms. Rosario, a person who had zero involvement whatsoever with Mr. Meza and the project, Mr. Arroyo questioned why he did that. In turn, Mr. Meza stated he assumed Ms. Rosario was the one who handled invoices since she was the Office Manager. In turn, Mr. Arroyo advised Mr. Meza, Ms. Rosario had absolutely zero involvement and that all invoices needed to be sent to [email redacted] and NOT Ms. Rosario. Further, Mr. Arroyo advised Mr. Meza he still had NOT received any of his sub-contractor vetting documentation and it was imperative for him to provide us such, should he wish to continue doing work for Luminous Builders LLC. Apparently, offended by Mr. Arroyo’s response, given he had done even more work that agreed to, Mr. Meza advised Mr. Arroyo all he wanted was to earn ALL of Mr. Arroyo’s business even if it meant he had to lose money of the first couple projects.

Further, Mr. Meza stated he would be forwarding all documentation and an invoice to the above noted email address. Still, as of Friday May 26, 2023, a scheduled payday on Luminous Builders LLC’s payroll schedule, Mr. Meza had still NOT provided Luminous Builders LLC his documentation, however, had completed his direct deposit information via Gusto, Luminous Builders LLC’s payroll servicer, thus Luminous Builders LLC in good faith and in response to Mr. Meza doing far more work than asked deposited $5,000.00 to Mr. Meza direct deposit account on record to pay him for the work completed.

Moreover, on or about Thursday, June 08, 2023, Mr. Arroyo reconnected with Mr. Meza in person at another property, to have Mr. Meza estimate another landscaping project. During this meeting, Mr. Arroyo, expressed to Mr. Meza the process needed to be much more consistent this time and by no means, was Mr. Meza expected to complete ANY extra work as Luminous Builders LLC did not feel comfortable with Mr. Meza fulfilling work not even Luminous Builders LLC was contracted to do. Even more, during this meeting Mr. Meza advised Mr. Arroyo he still had not been paid for the previous invoice.

As such, on or about Friday, June 09, 2023, Mr. Arroyo conferred with Accounts Payable and learned Mr. Meza had been fully paid the agreed to $5,000.00 on May 26, 2023, however, to date still no Certificate of Insurance had been received, therefore, Mr. Meza was NOT authorized to perform any additional work until Luminous Builders LLC received his documentation.

Consequently, Mr. Arroyo immediately contacted Mr. Meza by phone and informed him he had to unfortunately suspend him from any further work until his documentation was received and reviewed. Thus, it was at this time when Mr. Meza advised Mr. Arroyo, Luminous Builders LLC still owed him an additional $9,290.00 dollars. Astonished, by Mr. Meza elaborate amount, Mr. Arroyo question Mr. Meza where he got such high amount from. In turn, Mr. Meza advised Mr. Arroyo that was the total price if Luminous Builders LLC no longer wished to hire I.M. Landscaping LLC for future projects. Further, Mr. Meza added, the $5,000.00 was only the price contingent on Luminous Builders LLC given Mr. Meza more work, however, if Luminous Builders LLC did not, then Luminous Builders LLC had to pay the full price. Nevertheless, Mr. Arroyo immediately disputed such amount with Mr. Meza and advised him Luminous Builders LLC had never agreed to such price. Still, Mr. Meza stated that was the price if no more work was given to him.

Thereafter, Mr. Arroyo removed himself from direct communication with Mr. Meza and allowed for Accounts Payable to continue their communications with Mr. Meza. It should be noted, on several responses thereafter, Luminous Builders LLC clearly disputes Mr. Meza’s balloon invoice and repeatedly asks him to please provide an estimate and contract, whereby he can evidence Luminous Builders LLC agreed to pay him $14, 290.00 for his work. Still to date, now November 05, 2023, Mr. Meza has yet to supply Luminous Builders LLC and now the Registrar with a written estimate and/or proposal or a written contract to substantiate his allegation.

Principally, the reason why Mr. Meza and I.M. Landscaping LLC is unable to provide any written documentation to Luminous Builders LLC and chiefly, the Registrar about their claim is because such agreement never took place, it simply never existed. In turn, I.M. Landscaping LLC relied on unethical business practices to perform additional work for Luminous Builders LLC, when NOT authorized, then opted to hold Luminous Builders LLC ransom for additional money, when it was discovered I.M. Landscaping LLC did not have proper Workers Compensation insurance and lacked the morals and ethics required by Luminous Builders LLC to continue a business relationship.

Finally, Luminous Builders LLC prays the Registrar will closely evaluate all the true facts and circumstances surrounding did malicious complaint by I.M. Landscaping LLC and the complaint be denied and no citation issued against Luminous Builders LLC.

Very Respectfully Yours,

Aldo Arroyo REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Case No. 2023-12534 I.M. LANDSCAPING LLC,

COMPLAINANT, v. CITATION LUMINOUS BUILDERS LLC DBA: Luminous Energy, License No. ROC 335707 RESPONDENT.

The Registrar issues this Citation to LUMINOUS BUILDERS LLC, DBA: Luminous Energy, (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by January 5, 2024, then under A.R.S. § 32-1155(C), Respondent’s failure to answer may be deemed an admission of the act or acts charged in the underlying complaint, and the Registrar may then suspend or revoke Respondent’s license(s). THE WRITTEN COMPLAINT On October 30, 2023, I.M. LANDSCAPING LLC, (“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)(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 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 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. 2023-12534. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted] The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than January 5, 2024. 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 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 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 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 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 December 21, 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, December 21, 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]

LUMINOUS BUILDERS LLC DBA: Luminous Energy 14415 W McDowell Road; Suite D-104 Goodyear, AZ 85395

Copy mailed by USPS First Class mail this same date to: Respondent LUMINOUS BUILDERS LLC DBA: Luminous Energy 14415 W McDowell Road; Suite D-104 Goodyear, AZ 85395

Complainant I.M. LANDSCAPING LLC 19928 W Dunlap Rd Buckeye, AZ 85326

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. 2023-12534 / GM

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 no writen contract, provide a writen statement describing the agreement that includes the following

informa�on:

7. The date the work was to be completed. a. Work to be completed as soon as possible

Home Owner

Maribel & Cristopher Miller Paid $25,000.00 to Luminous Builders for work that IM Landscaping LLC completed and paid upfront for the material.

Cell: [number redacted]

Email: [email redacted] From: Erik Meza To: [email redacted] Subject: luminous builders Date: Tuesday, May 16, 2023 9:54:52 AM Attachments: LuminousBuilders1.pdf

I.M LANDSCAPING LLC

ERIK MEZA, OWNER, CEO.

CR-21 ROC 342397

Phone: (602) 980- 1904

Email: [email redacted]

19928 W Dunlap Rd, Buckeye Az. 85326

I.M. Landscaping | Facebook

---------- Forwarded message --------- From: <[email redacted]> Date: Sun, May 14, 2023, 9:38 AM Subject: luminous builders To: <[email redacted]>

I.M LANDSCAPING LLC

ERIK MEZA, OWNER, CEO.

CR-21 ROC 342397

Phone: (602) 980- 1904

Email: [email redacted] 19928 W Dunlap Rd, Buckeye Az. 85326

I.M. Landscaping | Facebook From: Erik Meza To: [email redacted] Subject: Fwd: luminous builders Date: Tuesday, May 16, 2023 10:51:18 AM Attachments: LuminousBuilders1.pdf

I.M LANDSCAPING LLC

ERIK MEZA, OWNER, CEO.

CR-21 ROC 342397

Phone: (602) 980- 1904

Email: [email redacted]

19928 W Dunlap Rd, Buckeye Az. 85326

I.M. Landscaping | Facebook

---------- Forwarded message --------- From: <[email redacted]> Date: Sun, May 14, 2023, 9:38 AM Subject: luminous builders To: <[email redacted]>

I.M LANDSCAPING LLC

ERIK MEZA, OWNER, CEO.

CR-21 ROC 342397

Phone: (602) 980- 1904

Email: [email redacted] 19928 W Dunlap Rd, Buckeye Az. 85326

I.M LANDSCAPING LLC

ERIK MEZA, OWNER, CEO.

CR-21 ROC 342397

Phone: (602) 980- 1904

Email: [email redacted]

19928 W Dunlap Rd, Buckeye Az. 85326

Received thank you

LUMINOUS BUILDERS LLC

Florida N. Orange Avenue Suite 805 Orlando, FL 32801

www.LuminousBuilders.com www.LuminousEnergy.solar

From: Erik Meza <[email redacted]> Date: Friday, May 19, 2023 at 11:12 AM To: [email redacted] <[email redacted]>, Esmeralda Rosario <[email redacted]> Subject: I.M Landscaping LLC Documents

I.M LANDSCAPING LLC

ERIK MEZA, OWNER, CEO.

CR-21 ROC 342397

Phone: (602) 980- 1904 Email: [email redacted]

19928 W Dunlap Rd, Buckeye Az. 85326

Hi, can you guys give me an update on the pending payment for this project.

Total $14,290 Paid $5000

Due $9290

Project completed 5/23/2023.

On Fri, May 19, 2023, 11:12 AM Erik Meza <[email redacted]> wrote:

I.M LANDSCAPING LLC

ERIK MEZA, OWNER, CEO.

CR-21 ROC 342397

Phone: (602) 980- 1904

Email: [email redacted]

19928 W Dunlap Rd, Buckeye Az. 85326

Statement for the work Provided for the Month of June and past due amount for MAY. If there is another department or person that we should send statements please let me know, Thank you.

I.M LANDSCAPING LLC ERIK MEZA, OWNER, CEO. CR-21 ROC 342397 Phone: (602) 980- 1904 Email: [email redacted] 19928 W Dunlap Rd, Buckeye Az. 85326

From: Erik Meza <[email redacted]> Sent: Friday, May 19, 2023 11:12 AM To: [email redacted]; [email redacted] Subject: I.M Landscaping LLC Documents

I.M LANDSCAPING LLC

ERIK MEZA, OWNER, CEO.

CR-21 ROC 342397

Phone: (602) 980- 1904

Email: [email redacted]

19928 W Dunlap Rd, Buckeye Az. 85326

Hello. What is your update for payment. You're 60+ days past due.

On Wed, Jul 19, 2023, 7:43 AM <[email redacted]> wrote:

From: Erik Meza <[email redacted]> Sent: Friday, May 19, 2023 11:12 AM To: [email redacted]; [email redacted] Subject: I.M Landscaping LLC Documents

I.M LANDSCAPING LLC

ERIK MEZA, OWNER, CEO.

CR-21 ROC 342397

Phone: (602) 980- 1904

Email: [email redacted]

19928 W Dunlap Rd, Buckeye Az. 85326

I.M. Landscaping | Facebook From: Accounts Payable To: Erik Meza Subject: Re: FW: I.M Landscaping LLC Documents & Payment Request. Date: Tuesday, August 1, 2023 10:40:35 AM

Thank you,

Jen Hazen

Hello. What is your update for payment. You're 60+ days past due.

On Wed, Jul 19, 2023, 7:43 AM <[email redacted]> wrote:

From: Erik Meza <[email redacted]> Sent: Friday, May 19, 2023 11:12 AM To: [email redacted]; [email redacted] Subject: I.M Landscaping LLC Documents

I.M LANDSCAPING LLC

ERIK MEZA, OWNER, CEO.

CR-21 ROC 342397

Phone: (602) 980- 1904

Email: [email redacted] 19928 W Dunlap Rd, Buckeye Az. 85326

I.M. Landscaping | Facebook From: Erik Meza To: Accounts Payable Subject: Re: FW: I.M Landscaping LLC Documents & Payment Request. Date: Tuesday, August 1, 2023 11:54:54 AM

On Tue, Aug 1, 2023, 10:40 AM Accounts Payable <[email redacted]> wrote:

Thank you,

Jen Hazen

Hello. What is your update for payment. You're 60+ days past due.

On Wed, Jul 19, 2023, 7:43 AM <[email redacted]> wrote:

From: Erik Meza <[email redacted]> Sent: Friday, May 19, 2023 11:12 AM To: [email redacted]; [email redacted] Subject: I.M Landscaping LLC Documents

I.M LANDSCAPING LLC

ERIK MEZA, OWNER, CEO.

CR-21 ROC 342397

Phone: (602) 980- 1904

Email: [email redacted]

19928 W Dunlap Rd, Buckeye Az. 85326

I.M. Landscaping | Facebook From: Erik Meza To: Accounts Payable Subject: Re: FW: I.M Landscaping LLC Documents & Payment Request. Date: Monday, August 7, 2023 11:21:00 AM

On Tue, Aug 1, 2023, 10:40 AM Accounts Payable <[email redacted]> wrote:

Thank you,

Jen Hazen

Hello. What is your update for payment. You're 60+ days past due.

On Wed, Jul 19, 2023, 7:43 AM <[email redacted]> wrote:

From: Erik Meza <[email redacted]> Sent: Friday, May 19, 2023 11:12 AM To: [email redacted]; [email redacted] Subject: I.M Landscaping LLC Documents

I.M LANDSCAPING LLC

ERIK MEZA, OWNER, CEO.

CR-21 ROC 342397

Phone: (602) 980- 1904

Email: [email redacted]

19928 W Dunlap Rd, Buckeye Az. 85326

I.M. Landscaping | Facebook From: Accounts Payable To: Erik Meza Subject: Re: FW: I.M Landscaping LLC Documents & Payment Request. Date: Monday, August 7, 2023 1:17:33 PM

Hi Erik,

Best regards,

Jen Hazen

From: Erik Meza <[email redacted]> Date: Monday, August 7, 2023 at 11:21 AM To: Accounts Payable <[email redacted]> Subject: Re: FW: I.M Landscaping LLC Documents & Payment Request.

On Tue, Aug 1, 2023, 10:40 AM Accounts Payable <[email redacted]> wrote:

Thank you, Jen Hazen

Hello. What is your update for payment. You're 60+ days past due.

On Wed, Jul 19, 2023, 7:43 AM <[email redacted]> wrote:

From: Erik Meza <[email redacted]> Sent: Friday, May 19, 2023 11:12 AM To: [email redacted]; [email redacted] Subject: I.M Landscaping LLC Documents

I.M LANDSCAPING LLC

ERIK MEZA, OWNER, CEO.

CR-21 ROC 342397

Phone: (602) 980- 1904

Email: [email redacted]

19928 W Dunlap Rd, Buckeye Az. 85326

I.M. Landscaping | Facebook From: Erik Meza To: Accounts Payable Subject: Re: FW: I.M Landscaping LLC Documents & Payment Request. Date: Monday, August 7, 2023 2:19:03 PM

I am a licensed contractor but am fairly new which is why I don't want to be taken advantage of.

Thank you.

On Mon, Aug 7, 2023, 1:17 PM Accounts Payable <[email redacted]> wrote:

Hi Erik,

Best regards,

Jen Hazen From: Erik Meza <[email redacted]> Date: Monday, August 7, 2023 at 11:21 AM To: Accounts Payable <[email redacted]> Subject: Re: FW: I.M Landscaping LLC Documents & Payment Request.

On Tue, Aug 1, 2023, 10:40 AM Accounts Payable <[email redacted]> wrote:

Thank you,

Jen Hazen

Hello. What is your update for payment. You're 60+ days past due.

On Wed, Jul 19, 2023, 7:43 AM <[email redacted]> wrote:

From: Erik Meza <[email redacted]> Sent: Friday, May 19, 2023 11:12 AM To: [email redacted]; [email redacted] Subject: I.M Landscaping LLC Documents

I.M LANDSCAPING LLC

ERIK MEZA, OWNER, CEO.

CR-21 ROC 342397

Phone: (602) 980- 1904

Email: [email redacted]

19928 W Dunlap Rd, Buckeye Az. 85326

From: Erik Meza <[email redacted]> Sent: Friday, May 19, 2023 11:12 AM To: [email redacted]; [email redacted] Subject: I.M Landscaping LLC Documents

I.M LANDSCAPING LLC

ERIK MEZA, OWNER, CEO.

CR-21 ROC 342397

Phone: (602) 980- 1904

Email: [email redacted]

19928 W Dunlap Rd, Buckeye Az. 85326 I.M. Landscaping | Facebook DocuSign Envelope ID: 90F534F5-0B1E-4A9B-8EE1-0868509E5F1E AB39AAD0-93F3-4411-B2FA-AAA2A1E76D8E

www.tnkelectric.com 602-581-8244 3219 E Camelback Rd #814 Phoenix, AZ 85018 [email redacted], [email redacted] ROC # 319779, 3228218, 327213

PURCHASE AGREEMENT Christopher Miller Customer Name(s):

Phone Number(s): (951) 505-2510

Street Address: 1755 S 223rd Dr

Buckeye AZ 85326 City, State, Zip:

[email redacted] Email:

Utility: Arizona Public Service

Purchase Price: 70528.43

System Size (kW): 7.920

Module Quantity & STAR-440W -M60H-M10 Model

Inverter Model(s): IQ8M-72-2-US

IronRidge or equivalent Racking: $25,000 of landscaping to be done by Luminous Builders LLC. Additional Items or Materials:

Finance Company: GoodLeap DocuSign Envelope ID: 90F534F5-0B1E-4A9B-8EE1-0868509E5F1E AB39AAD0-93F3-4411-B2FA-AAA2A1E76D8E

NOTICE TO BUYER

A.R.S. § 44-1762 Warranties Solar energy device warranties; installation standards; inspections

A.R.S. § 44-1763 CONTRACT REQUIREMENTS Financing, Sale or Lease Agreements for Distributed Energy Generation Systems

An agreement governing the financing, sale or lease of a distributed energy generation System to any person or a political subdivision of this state must include:

NOTICE OF CANCELLATION (CUSTOMER COPY)

03/29/2023 Cancellation Date: ___________________

You may CANCEL this transaction, without any Penalty or Obligation, within THREE BUSINESS DAYS from the above date.

I HEREBY CANCEL THIS TRANSACTION.

Date: ______________________

Buyer’s signature: ______________________ DocuSign Envelope ID: 90F534F5-0B1E-4A9B-8EE1-0868509E5F1E AB39AAD0-93F3-4411-B2FA-AAA2A1E76D8E

NOTICE OF CANCELLATION (RETURN THIS COPY TO T & K Electric)

Cancellation Date: ___________________ 03/29/2023

You may CANCEL this transaction, without any Penalty or Obligation, within THREE BUSINESS DAYS from the above date.

If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within TEN BUSINESS DAYS following receipt by the T & K Electric of your cancellation notice, and any security interest arising out of the transaction will be cancelled. If you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale, or you may, if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the T & K Electric's expense and risk. If you do make the goods available to the seller and the seller does not pick them up within 20 days of the date of your Notice of Cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract.

I HEREBY CANCEL THIS TRANSACTION.

Date: ___________________

Buyer’s signature: ___________________ DocuSign Envelope ID: 90F534F5-0B1E-4A9B-8EE1-0868509E5F1E AB39AAD0-93F3-4411-B2FA-AAA2A1E76D8E

_______________________________________________________ 3/25/2023 _________________________ Customer(s) Signature Date

_______________________________________________________ 3/25/2023 __________________________

T & K Electric Representative Signature Date DocuSign Envelope ID: 90F534F5-0B1E-4A9B-8EE1-0868509E5F1E

CANCELLATION PROVISION

3/25/2023 Date of Transaction: ______________

1. Any fee(s) payable to T & K Electric to cover costs of the started project. This fee should be paid to T & K Electric.

By initialing below customer acknowledges understanding of this provision.

I, _________________________ HEREBY CANCEL THIS TRANSACTION. CUSTOMER'S NAME

DATE: ____________________

SIGNATURE: _____________________

_______ CUSTOMER’S INITIALS DocuSign Envelope ID: 90F534F5-0B1E-4A9B-8EE1-0868509E5F1E

CONSUMER ACKNOWLEDGEMENT

Financing, Sale or Lease Agreements for Distributed Energy Generation Systems

APS will reject interconnection applications which do not include a signed copy of this acknowledgement.

I, CONSUMER:

• Have read the attached Table 1, A.R.S § 44-1763 Contract Requirements

Consumer Signature:

Consumer Printed Name: Christopher Miller

Address: 1755 S 223rd Dr

City/State/Zip: Buckeye AZ 85326

APS [account number redacted]

Date: 3/25/2023

Rev 9/20/16 DocuSign Envelope ID: 90F534F5-0B1E-4A9B-8EE1-0868509E5F1E

APPENDIX IIA

DISCLAIMER

POSSIBLE FUTURE RULES and/or RATE CHANGES AFFECTING YOUR ROOFTOP PHOTOVOLTAIC SYSTEM

2. You will be responsible for paying any future increases to electricity rates, basic charges or service fees from APS.

By signing below, you acknowledge that you have read and understood the above disclaimer.

Record Tracking Status: Original Holder: Docs Team Location: DocuSign 3/25/2023 11:55:23 AM [email redacted]

Electronic Record and Signature Disclosure: Not Offered via DocuSign

In Person Signer Events Signature Timestamp

Editor Delivery Events Status Timestamp

Agent Delivery Events Status Timestamp

Intermediary Delivery Events Status Timestamp

Certified Delivery Events Status Timestamp

Submissions Sent: 3/25/2023 12:21:46 PM [email redacted] Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign

Witness Events Signature Timestamp

Notary Events Signature Timestamp

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WRITTEN ANSWER TO CITATION AND COMPLAINT; REQUEST TO DISMISS

I.M. LANDSCAPING LLC COMPLAINANT

LUMINOUS BUILDERS LLC RESPONDENT

Re: CASE NO. 2023-12534

Dear Registrar of Contractors of the State of Arizona,

Respondent, Luminous Builders LLC, hereby issues its response to the Registrar for its Citation and Complaint and moreover hereby ascertains its firm denial on ALL allegation of the Citation and Complaint and affirmatively alleges as follows:

1. Respondent denies ALL the allegations set forth in Charge 1 of the Citation and Complaint, including that it violated the statutory provisions and rules contained in Charge 1 or committed ANY acts or omissions in violation of said statutes or rules. Respondent further denies ALL other allegations of the Citation and Complaint not expressly denied herein. 2. Respondent, as separate defenses, and affirmative allegations, alleges that despite reasonable, both verbal and written communications to and with the Complainant to amicably and civilly resolve this matter by simply producing a written estimate and contractual agreement to ascertain their fictitious pricing and fictious agreement, the Complainant has repeatedly refused to produce such and instead relied on harassing the Respondent’s owner both at his private residence, client’s home and place of employment. The principal reason why Complainant has repeatedly refused and failed to produce ANY written agreement both to the Respondent and now the Registrar is because NO written agreement ever took place. Complainant conveniently and maliciously verbally agreed to complete a landscaping project for an amount no greater than $5,000.00, inclusive of ALL materials, labor and any other associated cost to complete the project, then purposely completed additional, unauthorized and unrequested work, to position the Respondent in a vulnerable situation then exercise a of quid pro quo scenario against the Respondent, either the Respondent agreed to do business under the Complainant’s unscrupulous and simply illegal ways or the Complainant would fulfill their promise to make the Respondent’s life miserable. Received Legal 01/03/2024

3. Respondent, as further separate and affirmative allegations, and defenses, alleges that Complainant’s filing of a Complaint with the Registrar of Contractors is not in good faith and was filed in an attempt to further the Complainant’s campaign to stress and impose arduous and trouble times upon Respondent, especially after Respondent refused to succumb to Complainant’s malicious practices all of which included harassment and intimidation by the Complainant, while accompanied by several of his employees, upon the Respondent and his family. 4. Respondent further alleges as separate and affirmative defenses and allegations that, the ONLY agreement that EVER existed between the Complainant and the Respondent was for Respondent to perform a landscaping project for the sum of ONLY $5,000.00, fully inclusive of all materials, labor and ANY other costs associated with the project. Maliciously, the Complainant purposely performed additional work WITHOUT the authority nor explicit knowledge of the Respondent, then attempted to convey to the Respondent the additional, unrequested work was completed by the Complainant as a gesture towards the Respondent in hopes of building a positive working relationship and to showcase the Complainant’s quality of work. Even so, after Respondent refused to agree to compensate Complainant in “cash” and bypass vetting policies, such as obtaining a valid W-9, a Certificate of Insurance, Worker’s Compensation and information on the Complainant’s employees performing the work, the Complainant suddenly had a change of thought and demanded Respondent compensate him for the additional work that was never authorized nor requested to be performed by the Complainant. Remarkably, the Complainant self-proclaimed the only reason why he was making the Respondent’s “life difficult” and requesting payment was because Respondent was not willing to “play” by the Complainant’s rules and NOT willing to give them additional work. “If you are not going to step up then you will need to pay up”, was to the effect of Complainant’s statement to the Respondent. 5. Respondent, as further separate affirmative defenses, alleges Complainant’s pursuit of this matter against Respondent is an abuse of process, and additional threats and harassment, all in keeping with his past conduct towards respondent. In furtherance of Complainant’s role to undermine the Respondent and threat to make their life miserable, Respondent firmly believes Complainant has pursued this action. 6. Respondent alleges, as further and separate affirmative defenses; breach of contract, waiver, failure of consideration, estoppel, misrepresentation, set-off, release, comparative fault, unclean hands, fraud, breach of the implied covenant of good faith and fair dealing, repudiation, lack of due process and all other defenses, both legal and equitable, which may arise prior to or at the time of hearing. 7. Respondent firmly alleges that the Citation and Complaint on this matter fails to state a claim upon which relief may be granted and should therefore be dismissed. 8. Withal, having hereby fully answered the Citation and Complaint on this matter, having denied the allegations, having set forth factual and true pertinent facts surrounding the matter and having affirmative allegations and defenses herein, just cause exists to NOT discipline Respondent’s license and Respondent hereby respectfully requests that the Citation and Complaint be dismissed with prejudice and the Complainant receive nothing thereby. Received Legal 01/03/2024

Dated this 3rd day of January 2024

Very Respectfully yours,

Aldo Arroyo

Owner of Luminous Builders LLC REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

I.M. LANDSCAPING LLC, Case No. 2023-12534 COMPLAINANT, v. LUMINOUS BUILDERS LLC ORDER DENYING REQUEST TO DBA: Luminous Energy , DISMISS License No. ROC 335707, RESPONDENT.

BACKGROUND On December 21, 2023 the Registrar issued a citation against Respondent’s License No. ROC 335707. Respondent filed its Answer on January 3, 2024 The Answer included a request to dismiss the citation and close the complaint. ORDER IT IS ORDERED that Respondent’s request to dismiss is DENIED. The issues underlying the Citation and Complaint are best suited for presentation before the Office of Administrative Hearings. Respondent is free to raise the arguments and defenses presented in its request to dismiss before the administrative law judge. A Notice of Hearing will be issued in due course. Dated January 9, 2024. By: /s/ Robert Stirling Robert Stirling Assistant General Counsel Legal Department Arizona Registrar of Contractors

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg127 5/21 Copy mailed via USPS First Class mail January 9, 2024 to: Respondent(s) LUMINOUS BUILDERS LLC DBA: Luminous Energy 14415 W McDowell Road; Suite D-104 Goodyear, AZ 85395 Complainant(s) I.M. LANDSCAPING LLC 19928 W Dunlap Rd Buckeye, AZ 85326 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. 2023-12534/ MTH

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg127 5/21 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 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