2023A-12765-CHC-ROC Notice of Hearing and Packet MAILED

2023A-12765-CHC-ROC · Registrar of Contractors · 2024-03-12

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

AZ Home Services LLC, Case No. 2023-12765 COMPLAINANT, Docket No. 2023A-12765-CHC-ROC v. NOTICE OF HEARING ON CONTESTED CASE San-Co Concrete Inc. License No. ROC 284715,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

April 25, 2024 9:00 AM Adam Stone Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

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

You must attend this hearing. This is an adversarial hearing before an administrative law judge, and is conducted in a similar manner as judicial proceedings. Thus, you must be

prepared to present evidence, including witness testimony and documents, in support of your case.

STATEMENT OF LEGAL AUTHORITY AND JURISDICTION The State of Arizona has determined that the licensing and regulation of construction contractors is a proper state function, and has vested authority in the Registrar of Contractors to administer Title 32, Chapter 10 of the Arizona Revised Statutes. A.R.S. §§ 32-1101 et seq. All hearings for alleged violations of Title 32, Chapter 10 are conducted under Title 41,

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

The statutes and rules governing the hearing can be found at: Arizona Revised

Statutes §§ 41-1092 to -1092.12, and Arizona Administrative Code R2-19-101 to -122.

PARTICULAR ARIZONA STATUTES AND RULES INVOLVED The statutes and rules the Respondent is alleged to have violated are cited in the

complaint and citation, which were served on the Respondent on February 14, 2024. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED The complaint and citation allege that the Respondent committed the following act(s): Charge: 1 A.R.S. § 32-1154(A)(3) - R4-9-108(a)

Charge: 2 A.R.S. § 32-1154(A)(22)

THE PARTIES TO THE ADMINISTRATIVE HEARING

Because Respondent is a licensee and is charged with an act(s) or omission(s) that is cause for the suspension or revocation of a license, Respondent is a party to this case and will be a party to the hearing. Because Complainant alleged Respondent committed an act(s) or omission(s) that is cause for the suspension or revocation of a license, Complainant is a party to this case and will be a party to the hearing.

Respondent and Complainant, as the parties to the hearing, will present evidence and

argument to the administrative law judge.

RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney.

A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented by an officer or employee if that person satisfies the conditions set forth in A.R.S. § 32- 1156(B). CHANGE OF ADDRESS Each party must inform the Registrar and the Office of Administrative Hearings of any change of address within five (5) days of the change. A.R.S. § 41-1092.04.

HEARING PROCEDURES AND RULES The administrative hearing will be conducted in accordance with A.R.S. §§ 41-1092 to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and processes governing the administrative hearing. Copies of the statutes, rules, and articles regarding the administrative hearing process can be found at https://www.azoah.com/.

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

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

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

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

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

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

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

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

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

DISCLOSURE STATEMENT

At least seven calendar days before the hearing, each party must prepare and serve a disclosure statement on all other parties, and file it with the Office of Administrative Hearings. A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the party will use at the hearing. A party’s failure to timely disclose any witness or exhibit, without good cause, may result in the administrative law judge excluding those witnesses or exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is

available on the Registrar’s website at https://roc.az.gov/forms/RC-L-800A%20-

%20Prehearing%20Disclosure%20Statement%2020191007v4.pdf

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

the party must file a written motion with the Office of Administrative Hearings, directed to the

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

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

RESOLUTION SHORT OF ADJUDICATION In any case which is resolved or settled by the parties, or which is withdrawn by the Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of the resolution or settlement. Any such cases will be listed on the Registrar’s website and its records under the category: “Closed Complaints – Resolved/Settled/Withdrawn.” Dated March 12, 2024.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail March 12, 2024 to: Respondent(s) San-Co Concrete Inc. 2935 W Lincoln St Phoenix, AZ 85009

Complainant(s) Jerry Finney Jr AZ Home Services LLC 4901 E Silverbell Rd San Tan Valley, AZ 85143

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. 2023-12765 /

Katie Hobbs, Governor Martin Quezada, Director

Hearing Packet FAQ What is the Hearing Packet?

The Hearing Packet is a packet of certain documents collected or issued by the Registrar over the course of its investigation.

Who gets the Hearing Packet?

The Hearing Packet is assembled and distributed to all parties and to the Office of Administrative Hearings (“OAH”) prior to an administrative hearing.

What types of cases does the Registrar prepare a Hearing Packet for?

The Registrar prepares a Hearing Packet for Complainant-Handled Cases and No-Pay Cases. Note: If the Docket Number on the Notice of Hearing contains a “CHC” or “NPC”, your case is a Complainant-Handled Case or a No-Pay Case.

What is in the Hearing Packet?

The Hearing Packet contains essential case-specific documents and at a minimum will include the following documents:

● Original complaint;

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ

Katie Hobbs, Governor Martin Quezada, Director

● Citation; and ● Answer.

The Hearing Packet will also contain the following documents (if applicable):

● Jobsite inspection notices, notes, and photos; ● Written directives; and ● Compliance inspection notices, notes, and photos.

What if there are documents missing from the Hearing Packet?

If there is any evidence you submitted to the Registrar that are not included in the Hearing Packet it is your responsibility to introduce that evidence at the administrative hearing. Note: The administrative law judge assigned to your case does not have access to the entire Registrar record.

If there is additional evidence you submitted to the Registrar during the investigation that you also want to introduce as evidence during your hearing, it is your responsibility to:

● Properly disclose that evidence to the other party; and ● Introduce the evidence during your hearing.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ

Katie Hobbs, Governor Martin Quezada, Director

How do I disclose evidence I intend to use at a Hearing?

You must properly disclose any and all documents and witnesses you intend to use at your hearing according to the Registrar’s Prehearing Disclosure Rules. See Arizona Administrative Code Section R4-9-118.

A sample prehearing disclosure form and instructions are provided to the parties by the Registrar.

How do I obtain documents I previously submitted to the Registrar?

If you previously submitted documents to the Registrar and need a copy of these documents, please contact the Registrar’s Legal Department or submit a public records request at https://roc.force.com/AZRoc/s/roc-public-request.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ

Complainant: Jerry Finney Jr AZ Home Services LLC 4901 E Silverbell Rd San Tan Valley, AZ 85143

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Respondent: San-Co Concrete Inc. 2935 W Lincoln St Phoenix, AZ 85009

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 November 17, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-12765

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for December 1, 2023 at 11:30 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

COMPLAINANT: 1. Under A.R.S. § 32-1155(D)(1), the Respondent must be allowed, upon request, the opportunity to inspect the work complained of within fifteen (15) days of receiving this notice. If Respondent is not provided an opportunity to inspect the work within the fifteen (15) day time period, the Registrar may be prohibited from taking further action on this complaint. 2. The Registrar may also be precluded from taking further action on this complaint, if the work that is the subject of the complaint is subject to neglect, modification, or abnormal use. A.R.S. § 32-1155(D)(2) 3. You must provide safe access to any area to be inspected. If access to a roof or other elevated area is required, you must provide a means to safely access the area (ladder or manlift as appropriate). Additionally, please secure any animals.

RESPONDENT: 1. Enclosed is a copy of the complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity to inspect the work complained of within fifteen days of the date of receipt of this notice. 2. To assist the assigned investigator in evaluating the merits of the complaint, please submit a response to the enclosed complaint to the assigned investigator prior to the scheduled inspection. 3. If you do not attend the jobsite inspection, your absence may negatively impact the investigation, and your interests. 4. If a building permit(s) was required for this project, please have the building permit information available at the jobsite inspection.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 If either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time.

If the parties resolve the complaint prior to the inspection, please notify the assigned investigator in writing and by phone as soon as possible.

Sincerely, David Fagerburg David Fagerburg, Investigator #210 602 7716735 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007-2812

CC: Respondent Complainant Jobsite Owner Via Email

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 December 1, 2023 2023-12765 JSI Photos

16232 N Cave Creek Rd Phoenix, AZ 85032

P 1 P 2 P 3 P 4 P 5 P 6 P 7 P 8 P 9 P 10 P 11 P 12 P 13 P 14 P 15 P 16 P 17 P 18 P 19 P 20 P 21 P 22 P 23 P 24 P 25 P 26 P 27 P 28 P 29 P 30 P 31 P 32 P 33 P 34 P 35 P 36 P 37 P 38 P 39 P 40 Katie Hobbs, Governor Martín Quezada, Director

Jobsite Inspection Notes

Case No.: 2023-12765 Investigator: David Fagerburg #210 Inspection Date: December 1, 2023 Inspection Time: 11:30 AM

Complainant: Jerry Finney, Respondent: San-Co Concrete Inc. Owner, QP AZ Home Services, Jody Ivan Sanchez Owner QP, Oscar Clute, Jobsite Owner Sanchez, Superintendent Not Present: Not Present:

Jobsite General Notes: Both parties were present at this jobsite investigation JSI photos taken with my Pixel 6 Pro Cell Phone JSI audio recorded with my Olympus Digital Voice Recorder model DM-620. Photos #1 and #2 are of the complainant’s residence and address.

Investigator Notes: 1: The jobsite owner previously submitted complaint 2023-01373 which was dismissed due to denial of access after a written directive had been issued. 2: This complaint was submitted by the general contractor on behalf of the jobsite owner. 3: During this jobsite investigation the jobsite owner acknowledged that the business opened May 1, 2023 and the written directive was issued April 11, 2023 with an expiration date of May 12, 2023. 4: These jobsite inspection notes will address what was submitted by the complainant along with the original complaint items and addendum complaint items previously submitted by the jobsite owner related to 2023-01373. 5: Complaint Item 3 has been separated into 2 individual complaint items and will be addressed as complaint item 3a and 3b for clarity.

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 RCC100 11/18

Compliant Item 1: Excessive cracking & movement on both first floor & second floor slabs. Investigator’s Observation: Verified. At this jobsite investigation I observed and am able to verify there is excessive cracking throughout the first and second floor concrete slabs that exceed the ROC Workmanship Standards. See P (3) thru P (9) and P (29). Cracks wider than 1/8" should be properly repaired with appropriate material. Cracks over 1/4" indicate the possibility of settlement, heaving or other failure. The respondent shall correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 2: Uneven services throughout building. Investigator’s Observation: Verified. At this jobsite investigation the complainant clarified the word services as being surfaces. During this jobsite investigation I observed and am able to verify there are uneven surfaces throughout the building. See P (10) thru P (15). The respondent shall correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 3a: Saw cut joints not deep enough, and crooked lines Investigator’s Observation: Not Verified. At this jobsite investigation using a measuring card I removed the dirt in 1 of the saw cuts and was able to penetrate the saw cut to a depth of approximately 1”. Per the ROC workmanship Standards control joint depths are to be 1/5 the thickness of the slab. In reviewing the written contract submitted the first and second floor concrete slabs are to be 4” thick. The depth of the control joint should be 0.8” or just over 3/4”. I am able to verify the saw cut joint is deep enough at the area observed near the front office. Governing Rule: No Action

Compliant Item 3b: Saw cut joints not deep enough, and crooked lines Investigator’s Observation: Verified. At this jobsite investigation I observed and am able to verify there are multiple saw cut joints that have jagged edges and are crooked on both first and second floor concrete slabs. See P (16) thru P (21). The respondent shall correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov RCC100 11/18

Compliant Item 4: Multiple areas that had to be grinded down due to extreme high spots on finish floor. Investigator’s Observation: Verified. At this jobsite investigation I observed multiple areas on the first and second floors that have been grinded down. See P (10), P (13), P (19), P (21), P (22), P (27) and P (36). During this jobsite investigation the complainant stated that the respondent was well aware that the concrete floors are to be a polished finish. In reviewing the written estimate I am able to verify the foundation slab is to be standard gray concrete with a smooth or light broom finish. However, per ROC workmanship standards there is no acceptable tolerance for improper, inadequate or unsightly concrete finishing. The respondent shall correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 5: Isolated footers in wrong location and had to modify per structural engineer guidance. Investigator’s Observation: Verified. At this jobsite investigation I observed and able to verify there is evidence of a patch at 1 of the interior columns. The patch observed is higher than the existing surface. See P (34). Patching should be flush with the existing surface and match as close as possible. The respondent shall correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 6: Second story stair landings had elevation to high and had to be replaced. Investigator’s Observation: Verified. At this jobsite investigation the complainant showed me where the second floor landing on the north exit door had to be replaced and is now crumbling and deteriorating. See P (25). The respondent shall correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 7: Customer allowed them to attempt to repair issues multiple times and end results made everything worse. Investigator’s Observation: Not Verified. At this jobsite investigation the complainant explained that prior to filing the original complaint the respondent was allowed to make an attempt to correct the high spots, uneven floors, misplaced expansion and crooked control joints on the first and second floors. During this jobsite investigation I had no knowledge as to what needed to be repaired or how many times attempts were made. This is a statement made by the complainant that does not imply poor workmanship. Governing Rule: No Action

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 RCC100 11/18

Compliant Item 8: Concrete splatter on interior block walls that had a natural finish. Investigator’s Observation: Verified. At this jobsite investigation I observed and am able to verify there is concrete splatter on the interior block walls at multiple locations. See P (26) and P (27). The respondent shall correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 9: Exposed aggregate after grinding down high spots. Preventing customer to do polished concrete floors through out building. Investigator’s Observation: Verified. At this jobsite investigation I observed areas throughout the first and second floor of the building with exposed aggregate. The complainant stated that these areas were high spot that needed to be grinded down. See P (10), P (13), P (19), P (21), P (22), P (27) and P (36). During this jobsite investigation the complainant stated that the respondent was well aware that the concrete floors are to be a polished finish. In reviewing the written estimate I am able to verify the foundation slab is to be standard gray concrete with a smooth or light broom finish. However, per ROC workmanship standards there is no acceptable tolerance for improper, inadequate or unsightly concrete finishing. The respondent shall correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

2023-01373 Compliant Item 1: Excessive cracking; heaving Investigator’s Observation: Verified. This complaint item has been previously addressed in complaint item 1. Governing Rule: No Action

2023-01373 Compliant Item 2: Floors extremely un-level Investigator’s Observation: Verified. This complaint item has been previously addressed in complaint item 2. Governing Rule: No Action

2023-01373 Compliant Item 3: Excessive crazing; unsightly finishing Investigator’s Observation: Verified. This complaint item has been previously addressed in complaint items 4 and 9. Governing Rule: No Action

2023-01373 Compliant Item 4: Improper expansion joints crooked, not deep enough redone made it worse Investigator’s Observation: This complaint item has been previously addressed in complaint items 3a and 3b. 3a is not verified and 3b is verified. Governing Rule: No Action

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 RCC100 11/18

2023-01373 Compliant Item 5: Spalling; damage during repair attempts (floor pans and stair landings Investigator’s Observation: Verified. At this jobsite investigation I observed and am able to verify the first and second level concrete floors have spalling and there is damage to the floor pans on the bottom side. See P (19), P (20), P (25), P (30) and P (31) thru P (33). The respondent shall correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

2023-01373 Compliant Item 6: Damage on wall during pour (concrete splattered on exposed block walls Investigator’s Observation: Verified. This complaint item has been previously addressed in complaint item 8. Governing Rule: No Action

2023-01373 Compliant Item 7: Mis-poured interior footers not leveled or repaired, fill in's unsightly Investigator’s Observation: Verified. This complaint item has been previously addressed in complaint item 5. Governing Rule: No Action

2023-01373 Compliant Item 8: Edging not finished/poured and not finished Investigator’s Observation: Verified. At this jobsite investigation I observed and am able to verify there are inconstant gap dimensions between the concrete and wall in several areas. See P (27, P (35) and P (36). I also observed expansion edging that is below the finished surface. During this jobsite investigation the complainant stated that in order to satisfy the local building authority, pass final inspection and open the business the gaps had to be filled to prevent small fingers from being caught in the gaps. The respondent shall correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

2023-01373 Compliant Item 9: Grinding exposed aggregate Investigator’s Observation: Verified. This complaint item has been previously addressed in complaint item 9. Governing Rule: No Action

2023-01373 Compliant Item 10: Vapor barrier popping through floor Investigator’s Observation: Verified. At this jobsite investigation the complainant explained that in order to observe this complaint item children would have to be disturbed while sleeping but showed me 2 photos on her phone. See P (38) and P (39). In reviewing the written directive issued April 11, 2023 I am able to verify the investigator assigned was able to observe and verify the vapor barrier is popping through the concrete slab on the first floor. The respondent shall correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov RCC100 11/18

2023-01373 Compliant Item 11: Foundation footers poured on un-compacted dirt Investigator’s Observation: Not Verified. At this jobsite investigation the complainant acknowledged that compaction tests and inspection were performed during the build and passed. There is no evidence or proof to substantiate this complaint item. Governing Rule: No Action

2023-01373 Compliant Item 12: Stair landing cutouts on wrong stairs/ patch work unsightly Investigator’s Observation: Verified. This complaint item has been previously addressed in complaint item 6. Governing Rule: No Action

2023-01373 Compliant Item 13: It was discovered that the first floor slab is less than 3" Investigator’s Observation: Not Verified. At this jobsite investigation I observed an area in the kitchen where the concrete slab thickness is approximately 3”. In reviewing the written estimate I am able to verify the concrete slab thickness is to be 4”. I am unable to verify whether or not the entire first floor concrete slab is less than 4” other than the small area observed in the kitchen. See P (29) and P (40). Governing Rule: No Action

2023-01373 Compliant Item 14: All the penetrations in the entire kitchen floor are all messed up. Investigator’s Observation: Not Verified. At this jobsite investigation the complainant showed me an area in the kitchen where there are floor drains and sewer access points that are below or above the finished surface. See P (6) and P (28). I am unable to determine whether or not this may have been the responsibility of another contractor to set the elevations of the plumbing access points prior to the respondent pouring the concrete. Governing Rule: No Action

2023-01373 Compliant Item 15: They used an ordinary silicone to fill a giant crack instead of proper material Investigator’s Observation: Not Verified. At this jobsite investigation the complainant showed me areas where there is clear silicone used to fill some of the cracks in the concrete slab. See P (8) and P (9). During this jobsite investigation the respondent denied filling any cracks with ordinary silicone. There is insufficient evidence to substantiate that the respondent used ordinary silicone to fill a giant crack instead of proper material. Governing Rule: No Action

Addendum Compliant Item 1: it was discovered that the first floor slab is less than 3" Investigator’s Observation: Not Verified. This complaint item has been previously addressed in 2023-01373 complaint item 13. Governing Rule: No Action

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 RCC100 11/18

Addendum Compliant Item 2: when pouring occurred for the 2nd story, concrete dripped all over the window sill and wall (where the boom entered in through the window opening) also a lot of concrete slurry leaked from the 2nd story down the walls into the first story. All of this mess is still there Investigator’s Observation: Verified. This complaint item has been previously addressed in complaint item 8. Governing Rule: No Action

Addendum Compliant Item 3: all the penetrations in the entire kitchen floor are all messed up. Investigator’s Observation: Not Verified. This complaint item has been previously addressed in 2023-01373 complaint item 14. Governing Rule: No Action

Addendum Compliant Item 4: cracking everywhere Investigator’s Observation: Verified. This complaint item has been previously addressed in complaint item 1. Governing Rule: No Action

Addendum Compliant Item 5: they used a ordinary silicone to fill a giant crack instead of proper material Investigator’s Observation: Not Verified. This complaint item has been previously addressed in 2023-01373 complaint item 15. Governing Rule: No Action

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 RCC100 11/18

Complainant: Jerry Finney Jr AZ Home Services LLC 4901 E Silverbell Rd San Tan Valley, AZ 85143

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Respondent: San-Co Concrete Inc. 2935 W Lincoln St Phoenix, AZ 85009

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 December 11, 2023

License No. ROC 284715

Re:Complaint No. 2023-12765

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on Monday January 8, 2024.

RESTRICTIONS • You may not perform or hire other contractors to perform work that is outside the scope of your license. • If your license is currently suspended for administrative reasons 1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.

This means the license is suspended for lack of qualifying party, lack of bond, nonrenewal, Recovery Fund payout, or for any reason listed in A.R.S. § 32-1124(F). 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 DIRECTIVE REQUIREMENTS You are directed to remedy the following violations by the appropriate means:

Compliant Item 1: Excessive cracking & movement on both first floor & second floor slabs. Investigator’s Observation: Verified. Cracks wider than 1/8" should be properly repaired with appropriate material. Cracks over 1/4" indicate the possibility of settlement, heaving or other failure. The respondent shall correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 2: Uneven services throughout building. Investigator’s Observation: Verified. I observed and am able to verify there are uneven surfaces throughout the building. The respondent shall correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 3b: Saw cut joints not deep enough, and crooked lines Investigator’s Observation: Verified. I observed and am able to verify there are multiple saw cut joints that have jagged edges and are crooked on both first and second floor concrete slabs. The respondent shall correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 4: Multiple areas that had to be grinded down due to extreme high spots on finish floor. Investigator’s Observation: Verified. Per ROC workmanship standards there is no acceptable tolerance for improper, inadequate or unsightly concrete finishing. The respondent shall correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 5: Isolated footers in wrong location and had to modify per structural engineer guidance. Investigator’s Observation: Verified. Patching should be flush with the existing surface and match as close as possible. The respondent shall correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Compliant Item 6: Second story stair landings had elevation to high and had to be replaced. Investigator’s Observation: Verified. The complainant showed me where the second floor landing on the north exit door had to be replaced and is now crumbling and deteriorating. The respondent shall correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 8: Concrete splatter on interior block walls that had a natural finish. Investigator’s Observation: Verified. The respondent shall correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 9: Exposed aggregate after grinding down high spots. Preventing customer to do polished concrete floors through out building. Investigator’s Observation: Verified. Per ROC workmanship standards there is no acceptable tolerance for improper, inadequate or unsightly concrete finishing. The respondent shall correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

2023-01373 Compliant Item 5: Spalling; damage during repair attempts (floor pans and stair landings Investigator’s Observation: Verified. The respondent shall correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

2023-01373 Compliant Item 8: Edging not finished/poured and not finished Investigator’s Observation: Verified. The respondent shall correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

2023-01373 Compliant Item 10: Vapor barrier popping through floor Investigator’s Observation: Verified. In reviewing the written directive issued April 11, 2023 I am able to verify the investigator assigned was able to observe and verify the vapor barrier is popping through the concrete slab on the first floor. The respondent shall correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:

Compliant Item 3a: Saw cut joints not deep enough, and crooked lines Investigator’s Observation: Not Verified. In reviewing the written contract submitted the first and second floor concrete slabs are to be 4” thick. The depth of the control joint should be 0.8” or just over 3/4”. I am able to verify the saw cut joint is deep enough at the area observed near the front office. Governing Rule: No Action

Compliant Item 7: Customer allowed them to attempt to repair issues multiple times and end results made everything worse. Investigator’s Observation: Not Verified. This is a statement made by the complainant that does not imply poor workmanship. Governing Rule: No Action

2023-01373 Compliant Item 1: Excessive cracking; heaving Investigator’s Observation: Verified. This complaint item has been previously addressed in complaint item 1. Governing Rule: No Action

2023-01373 Compliant Item 2: Floors extremely un-level Investigator’s Observation: Verified. This complaint item has been previously addressed in complaint item 2. Governing Rule: No Action

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 2023-01373 Compliant Item 7: Mis-poured interior footers not leveled or repaired, fill in's unsightly Investigator’s Observation: Verified. This complaint item has been previously addressed in complaint item 5. Governing Rule: No Action

2023-01373 Compliant Item 9: Grinding exposed aggregate Investigator’s Observation: Verified. This complaint item has been previously addressed in complaint item 9. Governing Rule: No Action

2023-01373 Compliant Item 11: Foundation footers poured on un-compacted dirt Investigator’s Observation: Not Verified. There is no evidence or proof to substantiate this complaint item. Governing Rule: No Action

2023-01373 Compliant Item 13: It was discovered that the first floor slab is less than 3" Investigator’s Observation: Not Verified. I am unable to verify whether or not the entire first floor concrete slab is less than 4” other than the small area observed in the kitchen. Governing Rule: No Action

2023-01373 Compliant Item 14: All the penetrations in the entire kitchen floor are all messed up. Investigator’s Observation: Not Verified. I am unable to determine whether or not this may have been the responsibility of another contractor to set the elevations of the plumbing access points prior to the respondent pouring the concrete. Governing Rule: No Action

2023-01373 Compliant Item 15: They used an ordinary silicone to fill a giant crack instead of proper material Investigator’s Observation: Not Verified. There is insufficient evidence to substantiate that the respondent used ordinary silicone to fill a giant crack instead of proper material. Governing Rule: No Action

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Addendum Compliant Item 1: it was discovered that the first floor slab is less than 3" Investigator’s Observation: Not Verified. This complaint item has been previously addressed in 2023-01373 complaint item 13. Governing Rule: No Action

Addendum Compliant Item 4: cracking everywhere Investigator’s Observation: Verified. This complaint item has been previously addressed in complaint item 1. Governing Rule: No Action

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

Sincerely,

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 David Fagerburg David Fagerburg, Investigator #210 602 7716735 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007-2812

CC: Respondent Complainant Jobsite Owner Via Email

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complainant: Jerry Finney Jr AZ Home Services LLC 4901 E Silverbell Rd San Tan Valley, AZ 85143

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 Respondent: San-Co Concrete Inc. 2935 W Lincoln St Phoenix, AZ 85009

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 January 26, 2024

Compliance Jobsite Inspection Notice Re: Complaint No. 2023-12765

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for January 31, 2024 at 11:30 AM to determine the current status of the items listed on the issued Directive.

The Complainant is required to be present for this inspection. The Respondent is encouraged to be present but is not required to attend.

Complainant: SAFE ACCESS IS REQUIRED TO ANY AREA TO BE INSPECTED.

Sincerely,

David Fagerburg David Fagerburg, Investigator #210 602 7716735 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007-2812

CC: Respondent Complainant Business Owner

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 Business Owner: Jody Clute 16232 N Cave Creek Rd Phoenix, AZ 85032

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 January 31, 2024 2023-12765 Interim CJSI Photos

16232 N Cave Creek Rd Phoenix, AZ 85032

P 1 P 2 P 3 P 4 P 5 P 6 P 7 P 8 P 9 P 10 P 11 P 12 P 13 P 14 P 15 P 16 P 17 P 18 P 19 P 20 P 21 P 22 P 23 P 24 P 25 Complainant: Jerry Finney Jr AZ Home Services LLC 4901 E Silverbell Rd San Tan Valley, AZ 85143

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Respondent: San-Co Concrete Inc. 2935 W Lincoln St Phoenix, AZ 85009

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Case No.: 2023-12765 Investigator: David Fagerburg Inspection Date: January 31, 2024 Inspection Time: 11:30 AM

Interim Compliance Jobsite General Notes: Both parties and the business owner were present at this interim compliance jobsite inspection Interim CJSI photos taken with my Pixel 6 Pro Cell Phone Interim CJSI audio recorded with my Olympus Digital Voice Recorder model DM-620 Photos #1 is of the business owners building and the address.

Investigator Notes: 1: On January 25, 2024 during a phone conversation the business owner expressed concerns regarding the quality of the corrective work and request an interim compliance jobsite inspection be scheduled. In an email January 25, 2024 the business owner informed me that access will be denied until an interim jobsite inspection has been conducted. 2: On January 26, 2024 an interim compliance jobsite inspection was scheduled for January 31, 2024 at 11:30 am. 3: The written directive was issued December 11, 2023 with an expiration date of January 8, 2024. 4: On Wednesday January 3, 2024 I received an email from the respondent indicating an apparent misunderstanding regarding the directive requirements. In response to this email I informed the respondent that there are numerous items requiring correction and provided the expiration date. On Wednesday January 3, 2023 the respondent informed me of confusion as to which items required correction and requested an extension to the directive. On January 4, 2024 at 8:47 am, I responded to the email informing the respondent there are 2 pages of items to be corrected on the directive followed by 3 pages that do not require correction. I again provided the directive expiration date and I will contact the complainant after the directive expires for an update and that an extension to the directive will be considered at that time, after the respondent requested clarity to the directive. 5: On January 4, 2024 the respondent sent an email to the complainant with the following; “I would like to schedule something asap to start on the corrections needed by the ROC. I can start this weekend Jan. 5,6,7 to try and complete as much as possible. I preferred night work when the business is closed and nobody is around please”. 6: On January 5, 2024 the business owner responded to the email with the following; “Jerry, please inform Ivan that he has access to building commencing at 6 pm tomorrow night after the classes. Same with Sunday. He needs to be for warned though, that if he incurs additional damage, or additional unsightly work, or anything that will be anything other than the finished floor that I paid for, the work will stop. There will be no extension as he again waited for the last minute to schedule anything. He gave me no time to make arrangements for access or preparations and on his accord waited till close to the deadline. Furthermore, Oscar is not allowed on the property. Ivan needs to manage this work as well as you”. 7: On January 9, 2024 at 8:29 am I informed all parties that the directive will be extended an additional 30 days with a new expiration date of February 6, 2024. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Interim Compliance Findings:

Compliant Item 1: Excessive cracking & movement on both first floor & second floor slabs. Investigator’s Observation: Some of the cracks are filled with a rubberized type material that attracts dirt and is unsightly See P (3) thru P (10). Other repaired cracks observed are filled with Ardex Concrete Patch material. See P (25). The Ardex material appears to have been applied with a trowel and is flush with the surrounding surface. However, the finished look is not uniform with the surrounding surface. See P (3) thru P (24). It is noted that any concrete cracks repaired will be noticeable. Governing Rule: A final determination will be made after the extended directive expires February 6, 2024 and an official Compliance Jobsite Inspection is conducted.

Compliant Item 2: Uneven services throughout building. Investigator’s Observation: To date there was no attempt to correct this complaint item with the exception of complaint item 5. See P (3). Governing Rule: A final determination will be made after the extended directive expires February 6, 2024 and an official Compliance Jobsite Inspection is conducted.

Compliant Item 3b: Saw cut joints not deep enough, and crooked lines Investigator’s Observation: On the second floor of the building the respondent was in the process of cleaning the crooked saw cut joints and explained that the joints will be filled with Ardex Concrete Patch and new saw cut control joints will be made. The respondent acknowledged that more work is required to complete this complaint item. See P (12) thru P (14) and P (17) thru P (24). Governing Rule: A final determination will be made after the extended directive expires February 6, 2024 and an official Compliance Jobsite Inspection is conducted.

Compliant Item 4: Multiple areas that had to be grinded down due to extreme high spots on finish floor. Investigator’s Observation: On the second floor of the building to date the respondent made no attempt to correct this complaint item. Governing Rule: A final determination will be made after the extended directive expires February 6, 2024 and an official Compliance Jobsite Inspection has been completed.

Compliant Item 5: Isolated footers in wrong location and had to modify per structural engineer guidance. Investigator’s Observation: On the first floor of the 2 story building I observed 1 area where the concrete has been grinded down flush to the surrounding surface in the hallway. However, the finished look is not uniform with the surrounding surface. See P (3). It is noted that any concrete cracks repaired will be noticeable. Governing Rule: A final determination will be made after the extended directive expires February 6, 2024 and an official Compliance Jobsite Inspection has been completed. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Compliant Item 6: Second story stair landings had elevation to high and had to be replaced. Investigator’s Observation: On the second floor of the building at the north exterior door the respondent made an attempt to comply with the directive by patching the area with Ardex Concrete Patch material that appears to have been applied with a trowel and is flush with the surrounding surface. The respondent acknowledged that more work is required to complete this complaint item. See P (16). It is noted that any concrete cracks repaired will be noticeable. Governing Rule: A final determination will be made after the extended directive expires February 6, 2024 and an official Compliance Jobsite Inspection has been completed.

Compliant Item 8: Concrete splatter on interior block walls that had a natural finish. Investigator’s Observation: The complainant showed me 1 area where the concrete splatter has been removed. See P (12). Governing Rule: A final determination will be made after the extended directive expires February 6, 2024 and an official Compliance Jobsite Inspection has been completed.

Compliant Item 9: Exposed aggregate after grinding down high spots. Preventing customer to do polished concrete floors through out building. Investigator’s Observation: To date the respondent has made no attempt to correct this complaint item. Governing Rule: A final determination will be made after the extended directive expires February 6, 2024 and an official Compliance Jobsite Inspection has been completed.

2023-01373 Compliant Item 5: Spalling; damage during repair attempts (floor pans and stair landings Investigator’s Observation: To date the respondent has made no attempt to correct this complaint item. Governing Rule: A final determination will be made after the extended directive expires February 6, 2024 and an official Compliance Jobsite Inspection has been completed.

2023-01373 Compliant Item 8: Edging not finished/poured and not finished Investigator’s Observation: To date the respondent has made no attempt to correct this complaint item. Governing Rule: A final determination will be made after the extended directive expires February 6, 2024 and an official Compliance Jobsite Inspection has been completed.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 2023-01373 Compliant Item 10: Vapor barrier popping through floor Investigator’s Observation: To date the respondent has made no attempt to correct this complaint item. Governing Rule: A final determination will be made after the extended directive expires February 6, 2024 and an official Compliance Jobsite Inspection has been completed.

Note: These interim compliance jobsite inspection notes will not be provided to either party. After the extended directive expires February 6, 2024 an official compliance jobsite inspection will be scheduled and a final determination will be made at that time.

CC: Case File

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Business Owner: Jody Clute 16232 N Cave Creek Rd Phoenix, AZ 85032

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Complainant: Jerry Finney Jr AZ Home Services LLC 4901 E Silverbell Rd San Tan Valley, AZ 85143

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 12/23 Respondent: San-Co Concrete Inc. 2935 W Lincoln St Phoenix, AZ 85009

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 12/23 February 7, 2024

Compliance Jobsite Inspection Notice Re: Complaint No. 2023-12765

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for February 12, 2024 at 11:30 AM to determine the current status of the items listed on the issued Directive.

The Complainant is required to be present for this inspection. The Respondent is encouraged to be present but is not required to attend.

Complainant: SAFE ACCESS IS REQUIRED TO ANY AREA TO BE INSPECTED.

Sincerely,

CC: Respondent Complainant Business Owner

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 12/23 Business Owner: Jody Clute 16232 N Cave Creek Rd Phoenix, AZ 85032

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 12/23 Complainant: Jerry Finney Jr AZ Home Services LLC 4901 E Silverbell Rd San Tan Valley, AZ 85143

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Respondent: San-Co Concrete Inc. DBA: 2935 W Lincoln St Phoenix, AZ 85009

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Case No.: 2023-12765 Investigator: David Fagerburg Inspection Date: Inspection Time: : PM

Compliance Jobsite General Notes:

Compliance Findings:

Compliance Item: - Hallway Bathroom door trim is all off. door is crooked one part on the tip of the tile the other is not on the tile that they removed Investigator’s Observation: I observed the door jam and the trim with excessive gaps in the joint that were filled in with caulk. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - Master bedroom door doesn't shut right because its crooked and can see light at the top. The bottom of the door was cut off by my table saw they borrowed and destroyed the bottom. Door is so off it rattles when the heater comes on. You can see light throu Investigator’s Observation: I observed the Master bedroom door from the hallway. The door closed I can see the door is not flush with the jamb allowing excessive light from the bedroom to come into the hallway. The bottom of the door is cut uneven and I can see the saw cut. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - Hallway closet door ruined completely destroyed by a nail gun and trim is horrible uneven. Hallway closet removed and threw away trim that had

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 nothing to do with the door Investigator’s Observation: I observed a hollow core door that was modified to fit in the narrow door frame and along the hinge side of the door there are several exposed nails. Inside the closet it appears that the inside trim was not put back on / replaced. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - Hallway closet now has insulation falling out of the attic, can see up into the attic a mess. hallway door destroyed by Daryl because didn't to wait for 22 in door, made one. Drywall exposed now on the right hand side inside of hallway door because the do Investigator’s Observation: I observed inside the closet which appeared to have previously trimmed inside the closet and now there are areas where the trim appears not to have been replaced. On the right side of the door frame the knock down was pulled off of the dry wall leaving a smooth surface. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - Master Bath, the bottom of the door damaged by workers using a table saw to cut the bottom off. Jagged on the bottom. uneven all around the entire door. the door is filled with 1 inch caulking around the door. It is now settled and caved into and is crack Investigator’s Observation: I observed an uneven cut at the bottom of the door and an excess of caulk used to fill in the trim around the door. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Compliance Item: - bedroom 2, Closet door doesn't shut right. the trim is crooked, trim in closets was nailed over bottom trim and sticks out. Bedroom door trim at the top of the door goes from 1 inch to 3 inch totally crooked. looks horrible. very noticeable. Investigator’s Observation: I observed the crooked trim on both doors including the top trim piece is uneven. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - bedroom 3 Door rattles when the heater on. trim is all of the door is crooked an dpart of the pre hung is on the tile and the other side is on the floor. trim at the top starts out small and gets bigger very noticeable. shaved off some of the door because Investigator’s Observation: I did not observer any of the doors rattling because the heater was not on while there. The door trim is crooked and the top trim piece is very uneven. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - Per City of Surprise no permits were obtained to build backyard and pool. Investigator’s Observation: I left a message for the city of Surprise, but have not hear back. The Contractor will need to obtain a permit on this job. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - Provide bonding to spa motor and metal frame around spa access opening. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Investigator’s Observation: The access door to the spa motor was not able to close. this will need to be repaired. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - Complete grade at back and east side of house. Investigator’s Observation: The grading does appear to be directed towards the foundation of the house. It also appears that there is not the required space needed for proper drainage in the back of the home. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - Fix turf, so water does not drain into my house slab. Investigator’s Observation: The turn and grading are not installed in a manner that would move water from the foundation. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - Fix grading of entire property. Investigator’s Observation: There would have needed to have been a grading plan submitted with the permit to the city. This will need to be completed per that plan. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - Missing 2 lounge chairs in pool. Investigator’s Observation: Provide chairs as per contract.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - 1: All flooring removed Investigator’s Observation: Project abandoned. Governing Rule: Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.

Compliance Item: - 2: New flooring not provided or installed. Investigator’s Observation: Project abandoned. Governing Rule: Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.

Compliance Item: - 3: All tile not provided and not installed in master bath Investigator’s Observation: Project abandoned. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - 4: Master pan not installed Investigator’s Observation: Project abandoned. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - 5: Shower wall guest-poor workmanship, metal shutter too short. Investigator’s Observation: Project abandoned. Governing Rule: Violation of any rule adopted by the Registrar; Namely 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - 6: slab 2cm 1-2 chake beige not ordered or installed. Investigator’s Observation: Project abandoned. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - 2cm quartz not installed Investigator’s Observation: Project abandoned. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - 8: master shower glass not ordered or installed. Investigator’s Observation: Project abandoned. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - 9: Plumbing vanity sinks not accomplished, master shower valve not complete. Investigator’s Observation: Project abandoned. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - 10: plumbing master bathtub not installed. Investigator’s Observation: Project abandoned. Governing Rule: Violation of any rule adopted by the Registrar; Namely 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - 11: kitchen trim not removed or installed. Investigator’s Observation: Project abandoned. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - 12: Toilets one removed not installed #2 not removed or installed Investigator’s Observation: Project abandoned. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - 13: Baseboards not all removed, none installed Investigator’s Observation: Project abandoned. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - 14: Retack- carpet not accomplished. Investigator’s Observation: Project abandoned. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - 15: Bath Cabinets master and hall installed-not level wood split out. Investigator’s Observation: Project abandoned. Governing Rule: Violation of any rule adopted by the Registrar; Namely 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - 16: Final cleaning not accomplished. Investigator’s Observation: Project abandoned. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - 17: Guest bath door and frame damaged. Investigator’s Observation: Project abandoned. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - 18: Front door treas-hold damaged. Investigator’s Observation: Project abandoned. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - 19: Shower walls wrong Investigator’s Observation: Project abandoned. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - 20: Change order wall cut to 97 1/2" wrong cabinets ordered. Investigator’s Observation: Project abandoned. Governing Rule: Violation of any rule adopted by the Registrar; Namely

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - 1: Improper ledge stone installation corner on raised spa. Investigator’s Observation: The corner on the right side facing the spa had a 1" spacing. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - 13: Paid for $3,030 change order, back wall not done. Investigator’s Observation: The back wall has not been completed. It needs to be fixed per contract. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - 1: Replace interior doors, exterior front door and patio back door. Investigator’s Observation: There is no need to replace any of the doors. There is finishing work still needed. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - 2: Damage to newly painted walls, baseboards and ripped out casement. Investigator’s Observation: Finishing work is still needed on the jobsite. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Compliance Item: - 3: Damage to stucco around the back patio door. Investigator’s Observation: There is finishing work needed around the back patio door. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - 5: Paint issues with the interior doors and casements. Investigator’s Observation: Most of the doors had been repaired by the contractor prior to the inspection. There were a couple of locations still needing repair. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - 1: Contractor did not provide correct cabinet doors Investigator’s Observation: Cabinet doors are missing Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - 2: contractor did not have sufficient skin and trim materials to complete job. Investigator’s Observation: Missing items from job. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - 3: Contractor said he would complete job upon receipt of correct doors from MFG. Investigator’s Observation: The work has been abandoned

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Governing Rule: Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.

Compliance Item: - 4: After a year of excuses contractor did not complete job. Investigator’s Observation: The job has been abandoned Governing Rule: Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.

Compliance Item: - 5: Contractor said he would deliver missing materials but did not show up as promised. Investigator’s Observation: Job has been Abandoned. Governing Rule: Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.

Compliance Item: - 1 Investigator’s Observation: Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - 1 Investigator’s Observation: 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - “Project not completed in time frame of the contract.” Investigator’s Observation: Substantiated. Contract specifies a project duration of no more than 8 months after project begins. Work began 12/7/2017 and at time of jobsite inspection work had not been completed. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - “Multiple walls are twisted and out of square, need to be reframed.” Investigator’s Observation: Substantiated. At time of jobsite inspection I observed that the wall in the foyer adjacent to the kitchen appeared out of square, the wall outside of bedrooms 1-4 was out of square at the top corner, the header beam at the kitchen threshold to the dining room was out of square (appeared twisted), and that the header

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 beam between the foyer and the dining room was out of square (appeared twisted). Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - “Sheetrock on porch installed improperly.” Investigator’s Observation: Substantiated. At time of jobsite inspection I observed the sheetrock on the main house front porch ceiling was installed to the edge of the roofing fascia with no flashing and was cracked and the sheetrock on the guest house front porch ceiling was installed to the edge of the roofing fascia with no flashing. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - “Tile in front hallway unfinished and not done properly.” Investigator’s Observation: Substantiated. At time of jobsite inspection I observed tile work in the front hallway which had not been completed per contract. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - “Trim work in house is installed improperly.” Investigator’s Observation: Substantiated. At time of jobsite inspection I observed trim work in many areas of the house that was installed poorly with excessive gaps present between many pieces, trim installed around doors out of level and with uneven reveals, and planar offsets at the top profile and side profile of many junctions of trim at joints. Additionally, I observed trim installed at closet doors which would prevent closet doors from closing completely. Governing Rule: Violation of any rule adopted by the Registrar; Namely

Compliance Item: - “Electrical outlets, switches, etc are installed incorrectly.” Investigator’s Observation: Substantiated. At time of jobsite inspection complainant advised electrical outlet and light switch cover plates were not level. At time of jobsite inspection I observed many electrical outlet and light switch cover plates which appeared to be out of level. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - “Ice block windows in master bathroom installed incorrectly and are leaking.” Investigator’s Observation: Substantiated. At time of inspection I observed that there were areas of missing grout from the glass block windows in the master bathroom. I could not determine at time of jobsite inspection if glass block windows were leaking as complainant declined water test. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - “Incorrect electrical switches installed.” Investigator’s Observation: Substantiated. Complainant advised at time of jobsite inspection that the master bath shower and master bath lavatory were missing switches. I observed a single switch installed in the lavatory while the plans show two switches – one for the light and one for the exhaust fan. I observed a single switch installed for the shower and the plans showed a single switch. Governing Rule: Departure from or disregard of: (a) Plans or specifications in any material respect that is prejudicial to another without consent of the 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 owner or the owner's duly authorized representative and without the consent of the person entitled to have the particular construction project or operation completed in accordance with such plans and specifications and code.

Compliance Item: - “Interior walls damaged have holes. Not patched or painted.” Investigator’s Observation: Substantiated. At time of jobsite inspection I observed areas of mismatched paint and areas of incomplete paint. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - “Drywall shelf located in hallway finished incorrectly.” Investigator’s Observation: Substantiated. At time of jobsite inspection I observed that one inside corner of niche was rounded and the other was square. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - “Faucet holes drilled in granite countertop are not aligned with sink bathrooms.” Investigator’s Observation: Substantiated. At time of jobsite inspection I observed the holes cut in granite countertops for the bathroom faucets were not centered to the bathroom sinks. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - “Faucet holes drilled in granite countertops are not aligned with sink kitchen.”

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Investigator’s Observation: Substantiated. At time of jobsite inspection I observed the hole cut in granite countertops for the kitchen faucet was not centered to the kitchen sink. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - “Grout is on top of finished tile, needs to be removed.” Investigator’s Observation: Substantiated. At time of jobsite inspection I observed grout haze on tiles in showers. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - “Interior of windows are damaged.” Investigator’s Observation: Substantiated. At time of jobsite inspection I observed thin set on the bathroom window and gouges on a bedroom window. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - “Backsplash in kitchen installed incorrectly.” Investigator’s Observation: Substantiated. At time of jobsite inspection I observed that work for this item had not been completed. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - “Rough cut edges/eneven edges countertops in bathrooms & kitchen.”

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Investigator’s Observation: Substantiated. Complainant advised of excessive epoxy on kitchen counter tops, rough cut edges on kitchen countertops, and rough cut edges on backs of bathroom countertops. At time of jobsite inspection I observed excessive epoxy on kitchen counter tops which was poorly finished and an unfinished edge on the kitchen counter top to the far right of the counter top at area entering the living room. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - “Fireplace back tile not finished improperly.” Investigator’s Observation: Substantiated. At time of jobsite inspection I observed a poorly done transition of tile at the tile to fireplace junction. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - “Holes in exterior stucco walls.” Investigator’s Observation: Substantiated. At time of jobsite inspection I observed a hole in the exterior of the guest house stucco system on the Southwest wall corner, a hole in the exterior of the guest stucco system on the South wall, and an exposed receptacle on the back porch of the main house on the interior West wall of the back porch. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - “PVC drain pipe not installed correctly sticking out of sheetrock.” Investigator’s Observation: Substantiated. At time of jobsite inspection I observed an exposed section of plumbing drain pipe in the guest house. Governing Rule: Violation of any rule adopted by the Registrar; Namely 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - “Shower tile installed improperly, in all bathrooms.” Investigator’s Observation: Substantiated. At time of jobsite inspection I observed poorly installed tile in showers at the tile to wall junctions, tile to wall corner junctions, and tile to window junctions. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - “Interior door hinges installed incorrectly in 1 bedroom.” Investigator’s Observation: Substantiated. At time of jobsite inspection I observed the hinges on one bedroom door had been re-mortised, the door re-hung, and existing hinge mortises locations were not finished/stained to match the door finish/stain. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - “Garage doors not functioning.” Investigator’s Observation: Substantiated. This item not completed per contract. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - “Exterior doors are installed incorrectly.” Investigator’s Observation: Substantiated. At time of jobsite inspection I observed the door threshold/sill plate to the interior garage man door/fire door flexed and was installed poorly and the exterior garage man door threshold/sill plate was poorly supported with a gap present under the threshold/sill plate.

Compliance Item: - “Kitchen cabinets installed crooked and poorly and are not completed.” Investigator’s Observation: Substantiated. At time of jobsite inspection I observed the upper kitchen cabinet above the refrigerator cut out was not aligned to the adjacent oven cabinet, the end panel for the refrigerator cabinet was installed up against an electrical receptacle cover plate, the 45 degree corner cabinets were installed poorly and not lined up with the 45 degree counter angle below them, the cabinet on the west wall (butler cabinet/desk cabinet) appeared out of level or square with the wall to its left, the end panel on the refrigerator upper cabinet was not securely fastened, and the upper cabinets to be located on the East wall of kitchen had not been installed. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Compliance Item: - 1 Investigator’s Observation: Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - Investigator’s Observation: Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - Allegation 1 Investigator’s Observation: Substantiated Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - Allegation 3 Investigator’s Observation: Substantiated Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - 1: Uncertain if any work was actually done. Was told a new beam and epoxy sealant needed to be done in attic. Investigator’s Observation: There was no sign of any work in the attic being done. There were no new beams installed and no epoxy sealant sprayed anywhere in the attic. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - 1 Investigator’s Observation: Found Governing Rule: Namely, A.R.S. § 32-1151.01: A corporation, association or other

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 organization that is a licensed contractor shall immediately notify the registrar of any transfer of ownership of twenty-five percent or more of the stock or beneficial interest in the company

Compliance Item: 1 - One of the original leaks was repaired but still leaks. Investigator’s Observation: There was no leak on the day of jobsite inspection. There was evidence of a past leak in the form of stains on the ceiling. The roof should be free from leaks.

Contractor should repair by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 1 - Flooring in master bathroom has dip. Investigator’s Observation: There was a dip in the master bath floor. The respondent has since fixed the dip, however the repair has a "ledge" in it between floor boards. The repaired seam in question should not have a noticeable ledge on it. The contractor should repair by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 1 - Quartz counter has mismatched color lots. Two slabs adjacent to each other are different shades and from different manufacturing locations Investigator’s Observation: Noted the adjacent two slabs, one to the right of the sink and the peninsula slab were very different in color. The color/grain difference is very noticeable at the joint. Slab on the peninsula appears to be a lighter shade than adjacent slab. Allegations verified Governing Rule: Violation of any rule adopted by the Registrar; Namely 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 1 - "I need gutters to alleviate flooding in my backyard. I contacted Kanmar Construction. Josh said he would need to replace the patio cover in order to replace the gutters. He said they could do it that weekend or the next. When they didn't come out, I thou Investigator’s Observation: The contract was written 7/20/2020 to rebuild an incorrectly installed rear patio cover, install 6” gutters and downspout on the front and back of the house for $5391. That same day, the homeowner told me and showed where Josh (owner of Kanmar Construction LLC) tarred and caulked a patch on the roof on the front of the house, near where the gutters were to go. That area had been leaking into her house. This item was not on the contract and no compensation was given. This was the only work that was done. On 7/21/2020 The homeowner delivered a check for half in person to Joshua Scott at the Kanmar building. The check was for $2696. Josh advised the homeowner verbally the work would be done within the next two weeks. By the middle of August, the work had not been started. So she contacted Kanmar and asked for at least the gutters to be done. Still no one showed up to do the work. She contacted the office at Kanmar and was told she was on the schedule for September, but still heard nothing. On September 8, 2020, she sent an email and a letter via USPS to Kanmar advising she still wanted the work done and asked for a response by 9/19/2020. In October she reports that she called and went to Kanmar’s office several times trying to get the work done. On 10/14/2020 she found Josh at the Kanmar office. He advised he would get back to her the following Friday. She advised he acted as though she had cancelled the contract, which she did not do. He never called her back. At the end of November, she went to Kanmar again and Josh was there. He told her the cost of materials had increased and instead of costing the original amount of $5391, it would not cost her $6927 and he couldn’t give her credit for what she had already paid.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 He handed her with a new contract that was backdated to 7/20/2020, with the same estimate number. Josh told her he had returned the material for her job and had not received a credit. On 12/1/2020 Josh told her he would give her a $1000 credit for materials he had in the shop. The homeowner, Linda Flynn, provided me with a copy of her written statement during the inspection and a copy of the second bid. She also emailed me copies of a text message thread she had with Josh following his second bid, and copies of the email and letter she had written 9/8/2020 asking them to do the work they had contracted to do in July (before there was any talk of a second bid.) Joshua Scott, Kanmar, was not present for the inspection. On 12/18/2020, I had called and spoke with Josh for the Adverse Action call. He asked why we were setting up an inspection. He said, “We never even started the job. She, she signed the contract and we ordered the material and then she said she didn’t want to do the the patio cover and then so she said she didn’t want to do it so I, I cancelled the order and or well we cancelled the contract and then a couple of months later she came back and said you know what, can I get it done now? And I said we’d have to redo the whole contract.” I asked if he had any documents to verify that and he said he thought so. He said his daughter works the office and he would talk to her. I advised him he was welcome to work this out with the Complainant before the inspection date. On 12/29/2020, a warning letter was sent to Kanmar for elelements of a contract and on 12/31/2020 the inspection notice was sent via email and USPS to Kanmar with the date of the inspection. Josh has made no attempts to contact me. The homeowner said that Josh and/or Kanmar did not contact her in the past 30 days and none of her money has been returned. Due to the Respondent cancelling the contract, this appears to be abandonment. Governing Rule: Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Compliance Item: 1 - Work was not completed per written contract or written work order Investigator’s Observation: I noted that the work was not completed. Block walls were not finished in all 3 residences shown to me at the jobsite inspection. I noted various block wall sections were blocks were missing, blocks were broken, several block that had holes, and in various areas cap blocks were not installed. I also noted that various sections of the block wall were missing pilasters (columns). The Respondent is responsible for the work they completed up until termination. The Respondent shall ensure the wall is constructed according to plans, specifications and guidelines according to contract. This includes ensuring the appropriate cells are filled and all repairs are done satisfactorily. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 1 - Contractor failing to be diligent in performing and completing the project. Initial completion date on original contract was 9/1/2021. Items paid for per draw schedule on 11/5/2021 including windows, exterior doors, garage door and siding have not been in Investigator’s Observation: Due to the Stop Work Order and Respondents questions this has been amended for clarification of requirements. This complaint item is verified. It is not uncommon for unforeseen conditions to occur in the construction industry, however the timeline on this project has exceeded what would be generally acceptably by professional industry standards. Respondent shall perform work in a timely fashion as agreed upon in the contract. Respondent shall complete the project per original contract agreement, properly executed change orders, local building codes, professional industry standards and manufacturer's installation instructions. Governing Rule: Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 valid justification within a reasonable period of time after receiving a written directive from the Registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held.

Compliance Item: 1 - The project was for a full roof replacement both house and garage. When the project was complete and within a couple of weeks, the area around my Pellet Stove up pipe started leaking. They came and repaired it by replacing the cap on the stove pipe. Investigator’s Observation: The Registrar received and investigated your complaint. The Registrar determined that the chimney pipe leaked when water was applied. Contractor will determine cause and repair by appropriate means.

Roofs should not leak and should be installed to withstand winds accompanied by heavy rains. The contractor should not be responsible for leaks caused by alterations, tie-ins or penetrations caused by owner or others after completion of the roof, nor for extreme weather conditions. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 1 - Shower tiles are crooked and spacers not used. Uneven. Investigator’s Observation: Overall tile grout lines are uneven. The tile lines are not straight. Tiles are uneven. Tile should be straight with consistent grout lines and free from lippage.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Contractor should make repairs by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 1 - Cabinet doors have issues. Investigator’s Observation: The cabinet door panels are discolored around the perimeter. Respondent's supplier has agreed that all doors need to be replaced. t the time of inspection, they have been ordered. Contractor should make repairs by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 1 - Crack over entire ceiling in Great Room after hearing and feeling a large large thud/wood breaking coming from the roof on October 31, 2019. A dry-waller put drywall over it on November 20,2019 and the ceiling re cracked 4 days later. Investigator’s Observation: There was a large crack across the ceiling, It did appear to be where two pieces of drywall meet up. We are waiting for an engineers report. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 1 - Decking separated from tile around the entire pool. Investigator’s Observation: The decking and tile have begun to separate. This issue will need to be repaired by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Compliance Item: 2 - Crack in ceiling of dining room (continuation of great room crack). hole has developed where the ceiling meets the wall. Investigator’s Observation: The crack is a continuation of the one in the ceiling that has also gone down the wall. We are waiting for an engineers report. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 2 - After damage the leak was fixed but the decking that was cut out was never replaced. Investigator’s Observation: The repair patch has not been completed in its repair and needs to be finished. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 2 - Carpet has tack strips poking through. Investigator’s Observation: The tack strips at the thresholds are sticking through creating a puncture hazard.

Contractor should make repairs by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 2 - Master Shower Investigator’s Observation: Respondent located an a/c supply in the master shower that needs to be relocated. When below dew point will cause condensation. Governing Rule: Violation of any rule adopted by the Registrar; Namely

Compliance Item: 2 - lt started leaking once again in the same place when we had snow and moisture on the roof which was in a couple of months. They returned and did some other things to the roof and said it was repaired. They finally sent their "warranty repair crew" who lif Investigator’s Observation: The Registrar received and investigated your complaint. The Registrar determined that the chimney pipe leaked when water was applied. Contractor will determine cause and repair by appropriate means.

Compliance Item: 2 - Many insulation leaks throughout the house. Inadequate insulation. Investigator’s Observation: The contractor already re-sprayed the ceiling. The contractor agreed that there are hot spots that were revealed as a result of an infrared test. The contractor should identify hot spots and make repairs by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Compliance Item: 2 - There are stains on the ceiling as a result of the leaking roof. Investigator’s Observation: There are stains on the ceiling in the living room.

Contractor should repair by appropriate means using an appropriate subcontractor. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 2 - Paint incomplete on flashing above garage. Investigator’s Observation: There is a piece of roof-to-wall flashing that is not painted to match the rest of the flashing on the roof. Contractor should paint the un-painted flashing an appropriate color. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 3 - Last week we had some rain, and it leaked once again in the exact same place. 1have given them three times to get this leak fixed and am not satisfied that they can fix this problem which has been demonstrated by their three attempts. 1 would like to get Investigator’s Observation: The Registrar received and investigated your complaint. The Registrar determined that the chimney pipe leaked when water was applied. Contractor will determine cause and repair by appropriate means.

Roofs should not leak and should be installed to withstand winds accompanied by heavy rains. The contractor should not be responsible for leaks caused by alterations, tie-ins or penetrations caused by owner or others after completion of the roof, nor for extreme weather conditions. Governing Rule: Violation of any rule adopted by the Registrar; Namely 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 3 - The gutter at the back of the home is dented from the respondent's ladder. Investigator’s Observation: There are dents in the middle 10ft section of the gutters on the back of the home.

Contractor should repair by appropriate means. Paint if required to match existing gutters. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 3 - Crack where ceiling and wall meet in dinning room, cracking down the back wall above the dinning room sliding door. Investigator’s Observation: The crack is a continuation of the one in the ceiling that has also gone down the wall. We are waiting for an engineers report. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 3 - Electrical Investigator’s Observation: Light combo switch for master bath is located in master bedroom not in bathroom. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Compliance Item: 3 - the roof has broken tiles. I contacted the builder and was told that the roof would be inspected and all broken tiles fixed. A team was sent and fixed one tile. I called Meritage and a team replaced a second tile. I hired an independent home inspector Investigator’s Observation: I noted a roof tile at the front right side of the residence ( hip section) that was crocked and not in line with the rest of the tile on that hip roof line. Respondent acknowledged they are planning on correcting this item. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 3 - Tile at bedroom threshold is broken. Investigator’s Observation: There is a broken tile at the threshold to the bedroom. The tile is displaced indicating there was inadequate thinset under this corner of the tile.

Compliance Item: 4 - Suction line in the pool for sweep never worked properly. Investigator’s Observation: The suction line will need to be completed as per contract. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 4 - Crack next to great room sliding doors. Investigator’s Observation: The crack is a continuation of the one in the ceiling that has also gone down the wall. We are waiting for an engineers report. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 4 - Electric issues, including switches that don't work and multiple problems with circuits being tripped for no apparent reason. Investigator’s Observation: At jobsite inspection the Complainant pointed out multiple lighting fixtures to me. There is a light at the top of the stairs which Complainant contends flickers. At the jobsite inspection I was not able to substantiate this and this particular light appeared to be working properly.

In addition to this, there are some recessed lighting and smart switches on the first floor of the home installed by Respondent that do not function properly. There are two lights in the walls of the staircase which appear to not be functioning. Respondent acknowledged, based on the type of lighting installed, that these lights are known for being unreliable after install. Respondent offered to replace these lights at job site inspection which Complainant indicated was an acceptable solution to this issue. Lighting should function as intended and Respondent shall correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 4 - Kitchen cabinet shelf missing. Investigator’s Observation: The cabinet above the microwave has hardware for an additional shelf but no shelf. Contractor should supply a second shelf.

Contractor should make repairs by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely

Compliance Item: 4 - Stucco texture pattern not consistent. Investigator’s Observation: Stucco patterns do not match on rear patio area. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 5 - Kitchen cabinet scratch in door. Investigator’s Observation: There is a scuff in the left door above the microwave. The contractor agrees and has contacted the cabinet supplier.

Compliance Item: 5 - Install the Three lights above Kitchen Breakfast Bar Investigator’s Observation: An agreement was reached Complainant will provide lights and Respondent will install. Counsel for Respondent was present. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 5 - Safety issue with window screen not fitting in upstairs loft. Screen has never fit. Investigator’s Observation: The window screen for the easternmost window on the second floor loft was observed to not fit appropriately and should be corrected by appropriate means.

Compliance Item: 5 - Decking cracks were never repaired as promised and are now no longer minor repairs. The cracks are widening. Investigator’s Observation: The cracking on the deck are outside acceptable standards, these cracks will nee to be repaired by appreciable means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 5 - Sink not centered. Investigator’s Observation: Under mount sink is visibly off center. Left and front of the sink give the perception of a negative reveal. The right and rear sides of the sink appear as more of a zero or positive reveal. Sink should be equal on all sides. Allegation verified. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 5 - Creaky floor outside of bathroom fixed by placing a screw through the carpet and pad. screw head easily visible in center of floor Investigator’s Observation: I noted that a screw was run through the carpet into the floor joist. The screw did not made it all the way through the carpet fabric therefore it can be felt and also creates a dimple on the carpet. Respondent shall correct by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Compliance Item: 5 - Crack on wall of great room from ceiling to hallway down wall. This crack is about 8-12 inches away from the initial crack in the great room ceiling descried in #1. Investigator’s Observation: The crack is a continuation of the one in the ceiling that has also gone down the wall. We are waiting for an engineers report. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 6 - Missing door hardware identified at closing. Investigator’s Observation: There are screws missing in various door knobs throughout the home. Contractor should identify missing hardware, supply and install.

Contractor should make repairs by appropriate means Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 6 - Crack in ceiling above refrigerator area. Investigator’s Observation: There is a small superficial crack consistent with settling above the refrigerator. These type of repairs are typically a one year punch list repair from the builder. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 7 - Bare spot gravel needed in front yard identified at closing. Investigator’s Observation: There are some inconsistencies in the gravel coverage

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 in the front yard. The contractor agreed to this at the JSI. Gravel coverage should be consistent.

Compliance Item: 7 - Crack in ceiling in garage. Investigator’s Observation: The crack is consistent with settling. These type of repairs are typically a one year punch list repair from the builder. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 8 - Incorrect paint matching after recent drywall repairs. Investigator’s Observation: The only areas observed to require attention regarding this allegation are: the inside wall of the pantry surrounding the doorbell transformer, which exhibited inconsistent color and sheen; the ceiling in the upstairs loft area which exhibits inconsistent texture and sheen after repairs; and an upstairs bedroom where a gap in the ceiling/wall junction was filled with some sort of caulking which is still visible and paint does not match the surrounding areas. Respondent shall correct these issues by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 8 - Crack in ceiling in the hall to laundry room. Investigator’s Observation: The crack is consistent with settling. These type of repairs are typically a one year punch list repair from the builder. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 9 - Back wall of house outside patio becoming detached from the patio ceiling. it is over 1/4 wide and appears to be growing. Investigator’s Observation: This crack is in line with the main crack in item #1. We are waiting for an engineers report. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 9 - Install all window screens. Investigator’s Observation: Respondent will install missing screen from Rear Spare Bedroom. Counsel for Respondent was present Complainant requested screen doors for two sliding doors. Was not covered in contract. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 9 - Large open gap at end of peninsula Investigator’s Observation: It is noted that there is a 1/2 inch gap between the end of the peninsula cabinets and the back side of the quartz waterfall at the end of the peninsula. This exceeds the workmanship standard of 1/8 inch caulk joint. Allegations verified Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Compliance Item: 10 - Multiple walls out-of-square and/or bowed significantly, both upstairs and downstairs. Investigator’s Observation: There are two walls in the home which exhibited the issues referred to in this allegation; the east wall of the upstairs loft and the west wall of the downstairs living room were observed to be out of plumb or "bowed." Respondent has reportedly done some repairs to the upstairs wall but the wall is still not straight. The downstairs living room wall is bulging on the western side; a rep for Respondent acknowledged that there is a plumbing line within the wall which is likely contributing to this issue. Respondent shall correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 11 - Tile grout in shower Investigator’s Observation: Though this was not directly mentioned in the complaint, in the interest of good customer relations this item should be corrected by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

Compliance Item: 11 - Every window in the house has cracks in the window sill. Investigator’s Observation: The crack is consistent with settling. These type of repairs are typically a one year punch list repair from the builder. Governing Rule: Violation of any rule adopted by the Registrar; Namely

Note:

Please review the complaint items listed above. If any of the items have not been corrected at the time of the compliance inspection this complaint will be forwarded to the Registrar’s legal department and a citation may be issued.

If all items are corrected after receipt of this letter, please notify the Registrar’s legal department by sending a notice of compliance signed by the complainant to fax number (602) 364-0416 or by mail to: Arizona Registrar of Contractors, P.O. Box 18244, Phoenix, Arizona 85005-8244. Sincerely,

David Fagerburg David Fagerburg, Investigator #210 602 7716735 [email redacted] 1700 W Washington St,Suite 105 Phoenix, AZ 85007-2812

CC: Choose an item. Choose an item. Choose an item. Choose an item.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 (DELETE THIS ADDRESS/PAGE IF NOT WARRANTED)

Complainant Attorney:

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 (DELETE THIS ADDRESS/PAGE IF NOT WARRANTED)

Respondent Attorney:

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 February 12, 2024 2023-12765 CJSI Photos

16232 N Cave Creek Rd Phoenix, AZ 85032

P 1 P 2 P 3 P 4 P 5 P 6 P 7 P 8 P 9 P 10 P 11 P 12 P 13 P 14 P 15 P 16 P 17 P 18 P 19 P 20 P 21 P 22 P 23 P 24 P 25 P 26 P 27 P 28 P 29 P 30 P 31 P 32 P 33 P 34 P 35 Complainant: Jerry Finney Jr AZ Home Services LLC 4901 E Silverbell Rd San Tan Valley, AZ 85143

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Respondent: San-Co Concrete Inc. 2935 W Lincoln St Phoenix, AZ 85009

Compliance Jobsite General Notes: The respondent was not present at this compliance jobsite investigation CJSI photos taken with my Pixel 6 Pro Cell Phone CJSI audio recorded with my Olympus Digital Voice Recorder model DM-620. Photos #1 and #2 are of the business owner’s building and address.

Investigator Notes: 1: During the original jobsite inspection conducted on December 1, 2023 at 11:30 am the complainant clarified the word services in complaint item 2 as being surfaces. 2: On Wednesday January 3, 2024 I received an email from the respondent indicating an apparent misunderstanding regarding the directive requirements. In response to this email I informed the respondent that there are numerous items requiring correction and provided the directive expiration date of January 8, 2024. On Wednesday January 3, 2023 the respondent informed me of confusion as to which items required correction and requested an extension to the directive. On January 4, 2024 at 8:47 am, I responded to the email informing the respondent there are 2 pages of items to be corrected on the directive followed by 3 pages that do not require correction. I again provided the directive expiration date and informed the respondent that I will contact the complainant after the directive expires for an update and that an extension to the directive will be considered at that time, considering the respondent requested clarification to the directive. 3: On January 4, 2024 the respondent sent an email to the complainant with the following; “I would like to schedule something asap to start on the corrections needed by the ROC. I can start this weekend Jan. 5,6,7 to try and complete as much as possible. I preferred night work when the business is closed and nobody is around please”. 4: On January 5, 2024 the business owner responded to the email with the following; “Jerry, please inform Ivan that he has access to building commencing at 6 pm tomorrow night after the classes. Same with Sunday. He needs to be for warned though, that if he incurs additional damage, or additional unsightly work, or anything that will be anything other than the finished floor that I paid for, the work will stop. There will be no extension as he again waited for the last minute to schedule anything. He gave me no time to make arrangements for access or preparations and on his accord waited till close to the deadline. Furthermore, Oscar is not allowed on the property. Ivan needs to manage this work as well as you”. 5: On January 9, 2024 at 8:29 am after the original directive expired I informed all parties that the directive will be extended an additional 30 days with a new expiration date of February 6, 2024.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Investigator Notes Continued: 6: On January 25, 2024 I received an email from the business owner voicing concern regarding the quality of the corrective work and requesting an Interim Compliance Jobsite Inspection. After review with my supervisor an Interim Compliance Jobsite Inspection was scheduled for January 31, 2024 at 11:30 am. 7: During the Interim Compliance Jobsite Inspection the respondent acknowledged that more work is needed to comply with the directive and access was granted by the business owner on 7 separate dates in the evenings or weekends since requesting access on January 4, 2024 with the last date of access being January 23, 2024. The business owner acknowledged that the building is sometimes used in the evenings after business hours as well as some weekends for meetings and other events. 8: It is noted that concrete crack repairs will be noticeable.

Compliance Findings:

Compliant Item 1: Excessive cracking & movement on both first floor & second floor slabs. Investigator’s Observation: On the first floor of the building all but a few of the cracks within the perimeters of the control joints have been filled with Ardex Concrete Patch material. The Ardex Concrete Patch material appears to have been applied with a trowel and is flush with the surrounding surface. See P (3), P (10), P (11), P (13), P (15) P (27) and P (28). On the second floor of the building all but a few of the cracks within the perimeters of the control joints have been filled with the same Ardex Concrete Patch material. See P (16), and P (17). However, the finished look throughout is not uniform with the surrounding surface. Governing Rule: The respondent did not complete the corrective work and is not incompliance with the directive.

Compliant Item 2: Uneven services throughout building. Investigator’s Observation: The respondent made no attempt to correct this complaint item. Governing Rule: The respondent is not incompliance with the directive.

Compliant Item 3b: Saw cut joints and crooked lines Investigator’s Observation: On the first floor of the building the control joints observed are filled with a white rubberized type material that attracts dirt and is unsightly. On the second floor of the building I observed saw cut control joints with chipped edges, crooked saw cuts and double saw cuts that appear to have been cleaned with no filler material applied with the exception of a cold joint at the south stair landing. See P (14) thru P (17), P (20), thru P (22), P (34) and P (35). During the Interim Compliance Jobsite Inspection on January 31, 2024 at 11:30 am the respondent explained that the control joints are to be filled with Ardex Concrete Patch material and new control joints will be cut. Governing Rule: The respondent did not complete the corrective work and is not incompliance with the directive.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Compliant Item 4: Multiple areas that had to be grinded down due to extreme high spots on finish floor. Investigator’s Observation: The respondent made no attempt to correct this complaint item. Governing Rule: The respondent is not incompliance with the directive.

Compliant Item 5: Isolated footers in wrong location and had to modify per structural engineer guidance. Investigator’s Observation: On the first floor of the building the respondent made an attempt to grind down previous repair that was not flush with the surrounding surface and refinished the area using Ardex Concrete Patch material. The Ardex Concrete Patch material appears to have been applied with a trowel and is flush with the surrounding surface. However, the finished look is not uniform. See P (4). Governing Rule: The respondent is not incompliance with the directive.

Compliant Item 6: Second story stair landings had elevation to high and had to be replaced. Investigator’s Observation: At the north exit door the respondent made an attempt to repair a previous repair that was loose and crumbling. The repair appears to have been made using Ardex Concrete Patch material that appears to have been applied with a trowel and is flush with the surrounding surface. However, the finished look is not uniform. See P (26). At the north stair landing the respondent made repairs to a cold joint using Ardex Concrete Patch material. The Ardex Concrete Patch material appears to have been applied with a trowel and is flush with the surrounding surface. However, the finished look is not uniform. See P (14). Governing Rule: The respondent is not incompliance with the directive.

Compliant Item 8: Concrete splatter on interior block walls that had a natural finish. Investigator’s Observation: The respondent made no attempt to correct this complaint item. See P (18) thru P (20). Governing Rule: The respondent is not incompliance with the directive.

Compliant Item 9: Exposed aggregate after grinding down high spots. Preventing customer to do polished concrete floors through out building. Investigator’s Observation: The respondent made no attempt to correct this complaint item. Per ROC workmanship standards there is no acceptable tolerance for improper, inadequate or unsightly concrete finishing. See P (18) and P (20). Governing Rule: The respondent is not incompliance with the directive.

2023-01373 Compliant Item 5: Spalling; damage during repair attempts (floor pans and stair landings. Investigator’s Observation: The respondent made no attempt to correct this complaint item. See P (29) and P (30). Governing Rule: The respondent is not incompliance with the directive.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 2023-01373 Compliant Item 8: Edging not finished/poured and not finished Investigator’s Observation: The respondent did not complete correcting the edging along the CMU block wall throughout the second floor of the building. See P (31) thru P (33). Governing Rule: The respondent is not incompliance with the directive.

2023-01373 Compliant Item 10: Vapor barrier popping through floor Investigator’s Observation: The respondent made no attempt to correct this complaint item. See P (23). Governing Rule: The respondent is not incompliance with the directive.

Note:

David Fagerburg David Fagerburg, Investigator #210 602 7716735 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007-2812

CC: Respondent Complainant Business Owner

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Business Owner: Jody Clute 16232 N Cave Creek Rd Phoenix, AZ 85032

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

AZ Home Services LLC, Case No. 2023-12765

COMPLAINANT, v. CITATION San-Co Concrete Inc. License No. ROC 284715,

RESPONDENT.

The Registrar issues this Citation to San-Co Concrete Inc. (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by February 29, 2024, then under A.R.S. § 32-1155(C), Respondent’s failure to answer may be deemed an admission of the act or acts charged in the underlying complaint, and the Registrar may then suspend or revoke Respondent’s license(s). THE WRITTEN COMPLAINT On November 6, 2023, AZ Home Services 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)(3) - R4-9-108(a) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. 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 Charge :2 A.R.S. § 32-1154(A)(22) Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a

reasonable period of time after receiving a written directive from the

Registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held.

If the matter proceeds to a hearing and the administrative law judge determines that any

of the charges listed above are supported by a preponderance of the evidence, then

Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be

subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E)

and (F).

FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2023-12765. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted]

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than February 29, 2024. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated February 14, 2024.

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 By: /s/ Shaquira Adebule Shaquira Adebule Legal Assistant II Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, February 14, 2024 to: Respondent Certified Mail No: [number redacted] San-Co Concrete Inc. 2935 W Lincoln St Phoenix, AZ 85009

Copy mailed by USPS First Class mail this same date to: Respondent San-Co Concrete Inc. 2935 W Lincoln St Phoenix, AZ 85009 Complainant AZ Home Services LLC 4901 E Silverbell Rd San Tan Valley, AZ 85143 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. 2023-12765

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 AZ Home Services LLC Type: All transactions · Status: All statuses · Name: San-Co Concrete LLC · Date: All dates

undefined Date Type No. Payee Category Memo Total Action 11/18/2022 Check 2266 San-Co Concrete LLC Contractors small people preschool $25,000.00 View/Edit

09/02/2022 Check 2155 San-Co Concrete LLC Contractors Final payment Invoice# 000727 $35,000.00 View/Edit

03/10/2022 Check 1945 San-Co Concrete LLC Contractors Concrete deposit 2/3 $54,066.97 View/Edit

11/18/2021 Check 1849 San-Co Concrete LLC Contractors Concrete deposit 1/3 $54,066.97 View/Edit December 1, 2023 2023-12765 JSI Photos