ALJDEC - Licensing
2023A-12626-CHC-ROC · Registrar of Contractors · 2024-05-02
THE OFFICE OF ADMINISTRATIVE HEARINGS
Jerry Donald Phillips,
COMPLAINANT,
v.
CCB Builders LLC,
License No. ROC 322595,
RESPONDENT.
No. 2023A-12626-CHC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: April 12, 2024
APPEARANCES: Complainant Jerry Donald Phillips appeared on his own behalf. Arizona Registrar of Contractors Investigator Cliff Corlett appeared as a witness. Respondent CCB Builders LLC did not appear.
ADMINISTRATIVE LAW JUDGE: Kay Abramsohn
FINDINGS OF FACT
CCB Builders LLC (“Respondent”), is the holder of License No. 322595 issued by the Arizona Registrar of Contractors (“Registrar”).
Respondent built homes in a development which homes were then sold by the developer, El Rodeo 60 LLC. In August of 2022, Jerry Donald Phillips purchased the home that Respondent built at 4932 South Mesa Verde Drive in Fort Mohave, Arizona.
On November 1, 2023, the Registrar received a Licensed Complaint Form (“Complaint”) against Respondent from Complainant alleging poor workmanship as to multiple items with respect to the project.
The Registrar assigned the Complaint to Investigator Cliff Corlett. On January 11, 2024, Investigator Corlett conducted a Jobsite Inspection; his Jobsite Inspection Notes provide as follows:
Jobsite General Notes: Respondents license # 322595 was REVOKED on
10-13-23 and cannot do or sub-contract any of the below corrective work.
Complaint Item: 1 - Tile roof is cracked and shifting.
Investigator’s Observation: Some tiles are not sitting flat, properly indexed into the adjacent tile. There are also cut ridge corner tiles that have moved "downhill” possibly loose. (Photos 4, 5)
RESPONDENT SHOULD DETERMINE CAUSE AND CORRCT BY APPROPRIATE METHODS.
Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 2 - Multiple cracks coming from bottom of house on outside foundation level. (photos 6 thru 10)
Investigator’s Observation: The Workmanship Standards for Licensed Contractors (WSLC) states that stucco cracks in excess of 1/16-inch or excessive cracking are unacceptable. No cracking meeting or exceeding these standards were noted.
NO CONTRACTOR ACTION REQUIRED.
Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 3 - Waves in exterior wall outside bulging.
Investigator’s Observation: Exterior wall are visibly wavy.
(Photos 11 thru 15)
RESPONDNET SHOULD DETERMINE CAUSE AND CORRECT BY APPROPRIATE METHODS.
Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C.R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 4 - Metal on exterior, lower part of structure exposed missing stucco. (Photos 16 thru 18)
Investigator’s Observation: Stucco falling off weep screed in numerous places.
RESPONDNET SHOULD CORRECT BY APPROPRIATE METHODS.
Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 5 - Stucco falling off corners on patio.
Investigator’s Observation: Stucco falling off weep screed patio corners in numerous places. (Photos 19 thru 20)
RESPONDNET SHOULD CORRECT BY APPROPRIATE METHODS.
Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 6 - Framing on all 4 walls not done correctly causing ripples in stucco and noticeable outside and on walls inside studs pushing out. (Photos 11 thru 16)
Investigator’s Observation: Exterior wall are visibly wavy.
RESPONDNET SHOULD DETERMINE CAUSE AND CORRECT BY APPROPRIATE METHODS.
Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 7 - Windows exterior frame is exposed stucco falling off.
Investigator’s Observation: Gaps at window to stucco widening.
(Photos 21 thru 24)
RESPONDNET SHOULD CORRECT BY APPROPRIATE METHODS.
Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 8 - Looks like a hole was patched prior to us moving in when built, the hole is cracking through the stucco on patch job exterior above garage door. (Photos 25, 26)
Investigator’s Observation: Stucco repair above garage door poor match.
RESPONDNET SHOULD CORRECT BY APPROPRIATE METHODS.
Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 9 - Chicken wire exposed.
Investigator’s Observation: There is exposed lath.
(ROC Camera battery died at this point)
RESPONDNET SHOULD CORRECT BY APPROPRIATE METHODS.
Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 10 - Bulging coming from roof, boards in attic not laid correctly.
Investigator’s Observation: Exterior wall are visibly wavy.
RESPONDNET SHOULD DETERMINE CAUSE AND CORRECT BY APPROPRIATE METHODS.
Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 11 - Porch roof is separating from house.
Investigator’s Observation: Drywall and stucco expand and contract at different rates and separation cracking i9s normal.
NO CONTRACTOR ACTION REQUIRED.
Complaint Item: 12 - Wrong trusses put on my house, trusses were designed for a non-load bearing wall interior. My house a load bearing wall. Hurricane clips used all in attic c clips used on load bearing wall should be there in attic.
Investigator’s Observation: There is considerable interior drywall crushing 24-inches on center indicating a problem between the trusses and walls.
RESPONDNET SHOULD DETERMINE CAUSE AND CORRECT BY APPROPRIATE METHODS.
Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 13 - Interior wall has waves in living room.
Investigator’s Observation: Interior walls are visibly wavy. There is
noticeable drywall crushing.
RESPONDNET SHOULD DETERMINE CAUSE AND CORRECT BY APPROPRIATE METHODS.
Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 14 - All vents in the house are dented
Investigator’s Observation: HVAC registrar vent screws were over
tightened crushing the metal.
RESPONDNET SHOULD CORRECT BY APPROPRIATE METHODS.
Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 15 - Laundry room door is not set straight frame is off an inch / half, it closes by itself.
Investigator’s Observation: Door closes by itself.
RESPONDNET SHOULD DETERMINE CAUSE AND CORRECT BY APPROPRIATE METHODS.
Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 16 -Master bedroom interior door is not set straight off, had contractor out and it needs reset off by inch/ half causing door to close on its own.
Investigator’s Observation: Door closes by itself.
RESPONDNET SHOULD DETERMINE CAUSE AND CORRECT BY APPROPRIATE METHODS.
Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 17 - Pantry door closes by itself not straight frame.
Investigator’s Observation: Door closes by itself.
RESPONDNET SHOULD DETERMINE CAUSE AND CORRECT BY
APPROPRIATE METHODS.
Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
All errors in original.
Due to the Registrar’s prior disciplinary action of revocation of Respondent’s license effective November 13, 2023, Investigator Corlett did not issue a Directive. Investigator Corlett forwarded the matter to the Registrar’s Legal Department.
On January 29, 2024, the Registrar issued a Citation against Respondent charging possible violations of A.R.S. § 32-1154(A)(3), namely A.A.C. R4-9-108(a).
Respondent filed an Answer to the Citation in February 2024, and the Registrar subsequently referred the matter to the Office of Administrative Hearings, an independent State agency, for an evidentiary hearing.
The hearing was noticed to convene on April 12, 2024, at 9:00 a.m., via Google Meet. A March 28, 2024 Order from the Office of Administrative Hearings advised the parties regarding how to connect to the hearing via Google Meet. The hearing was conducted via Google Meet on April 12, 2024.
On the date and at the time set for hearing, Respondent did not appear through an authorized member, employee, or attorney. Respondent did not request that the hearing be continued. Because Respondent failed to appear, Respondent did not present any evidence to defend its license.
Investigator Corlett testified consistently with his findings contained in his Jobsite Inspection Notes. Additionally, he testified that he had missed adding two items on the findings: #18 (glue on a cabinet), which he noted was present but for which he had no opinion; and #19 (garage threshold gap) which he noted had not been filled correctly and he added that the door threshold was unsupported due to tile height that caused issues with the door.
Complainant testified that, as to those items, he cannot remove the glue “globs” and that the door frame appears to be crooked resulting in one side swinging closer to the floor.
Administrative notice is taken of Respondent’s now-revoked License record on May 1, 2024. Such prior License record reflects that Respondent’s License No. 322595 was first issued on November 9, 2018, and was revoked effective October 13, 2023.
CONCLUSIONS OF LAW
The copy of the Notice of Hearing that the Registrar mailed to Respondent at its address and email address of record was reasonable and Respondent is deemed to have received notice of the hearing. A.R.S. §§ 41-1092.04 and 41-1092.05(D).
This matter lies within the Registrar’s jurisdiction. See A.R.S. § 32-1101 et seq.
Respondent’s revoked license does not deprive Complainant of his right to prosecute the Complaint or prevent the Registrar from determining the merits of the Complaint. See A.R.S. § 32-1154(D).
Complainant bears the burden of proof to establish Respondent’s statutory violations by a preponderance of the evidence. See A.R.S. § 41-1092.07(G)(2); A.A.C. R2-19-119(A) and A.A.C. R2-19-119(B)(1); see also Vazzano v. Superior Court, 74 Ariz. 369, 372, 249 P.2d 837 (1952). “A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.” Morris K. Udall, Arizona Law of Evidence § 5 (1960).
The evidence of record established that Respondent’s work was not in conformity with the Registrar’s standards. Therefore, Complainant established that Respondent had not completed the project in a workmanlike manner in violation of A.R.S. § 32-1154(A)(3), namely A.A.C. R4-9-108(A).
RECOMMENDED ORDER
Based on the foregoing, it is recommended that on the effective date of the Registrar’s Order, the Registrar shall revoke Respondent’s License No. 322595.
It is further recommended that the Registrar require Respondent to pay the sum of $500.00 as a civil penalty pursuant to A.R.S. § 32-1154(E).
It is further recommended that if Respondent fails to pay the entire amount of the civil penalty on or before thirty days following the effective date of the Registrar’s final order, the Registrar revoke Respondent’s license, effective on such deadline date. No future license shall be issued to any entity consisting of persons associated with Respondent, as defined in A.R.S. § 32-1101(A)(5), unless Respondent tenders payment of any outstanding prior civil penalty.
Pursuant to A.R.S. § 41-1092.08(I), the licensee may accept the Administrative Law Judge Decision by advising the Office of Administrative Hearings in writing not more than ten (10) days after receiving the decision. If the licensee accepts the Administrative Law Judge Decision, the decision shall be certified as the final decision by the Office of Administrative Hearings.
In the event of certification of the Administrative Law Judge Decision by the Director of the Office of Administrative Hearings, the effective date of the Order will be forty (40) days from the date of that certification.
Done this day, May 2, 2024.
/s/ Kay Abramsohn
Administrative Law Judge
Transmitted electronically to:
Tom Cole, Director
Registrar of Contractors
Jerry Donald Phillips
[email redacted]
CCB Builders LLC
[email redacted]
By: OAH Staff