2023A-12876-CHC-ROC Notice of Hearing & Packet MAILED 2023-12876.pdf

2023A-12876-CHC-ROC · Registrar of Contractors · 2024-06-03

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Hugh Casiano , Case No. 2023-12876

COMPLAINANT, Docket No. 2023A-12876-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Tapatillo Plastering LLC License No. ROC 342030,

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

HEARING INFORMATION The hearing is set for:

July 17, 2024 1:00 PM Sondra Vanella Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

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

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

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

STATEMENT OF LEGAL AUTHORITY AND JURISDICTION

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

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

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

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

PARTICULAR ARIZONA STATUTES AND RULES INVOLVED

The statutes and rules the Respondent is alleged to have violated are cited in the

complaint and citation, which were served on the Respondent on May 7, 2024. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED

The complaint and citation allege that the Respondent committed the following act(s): Charge: 1 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Charge: 2 A.R.S. § 32-1154(A)(22)

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

be a party to the hearing.

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

argument to the administrative law judge.

The Registrar’s assigned investigator will appear as a witness at the hearing. RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney.

A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented

by an officer or employee if that person satisfies the conditions set forth in A.R.S. § 32-

1156(B).

CHANGE OF ADDRESS Each party must inform the Registrar and the Office of Administrative Hearings of any change of address within five (5) days of the change. A.R.S. § 41-1092.04.

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

to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and processes governing the administrative hearing. Copies of the statutes, rules, and articles regarding the administrative hearing process can be found at https://www.azoah.com/.

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

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

HEARING PACKET

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

certain documents to the parties and the Office of Administrative Hearings. These documents are attached to this Notice of Hearing as the “Hearing Packet.” If any party wishes to submit additional evidence, they must do so during the hearing after completing a disclosure statement. See “Disclosure Statement” section below.

SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS

The parties to the hearing must be prepared to present evidence in support of their

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

possession, the party must prepare and file a written subpoena for the Administrative Law Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a

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

DISCLOSURE STATEMENT

At least seven calendar days before the hearing, each party must prepare and serve a disclosure statement on all other parties, and file it with the Office of Administrative Hearings. A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the party will use at the hearing. A party’s failure to timely disclose any witness or exhibit, without good cause, may result in the administrative law judge excluding those witnesses or exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is available on the Registrar’s website at https://roc.az.gov/forms/RC-L-800A%20- %20Prehearing%20Disclosure%20Statement%2020191007v4.pdf

CHANGING THE HEARING DATE

The date of the hearing may only be advanced or delayed on the agreement of the

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

be changed by filing a written agreement of the parties to change the date of the hearing. The written agreement must be filed with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmitted to the Registrar and all other parties. The assigned Administrative Law Judge may be found on the Office of Administrative Hearings’ web portal at www.azoah.com

If a party would like to move the date of the hearing without agreement of all parties, the party must file a written motion with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmit a copy to the Registrar and all other parties. The motion must state in detail good cause for why the date of the hearing should be advanced or delayed, and the position of all other parties regarding the advancement or delay. A party may also file a motion asserting a right to an expedited hearing upon a showing of

extraordinary circumstances or the possibility of irreparable harm. A.R.S. § 41-1092.05(E).

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

Complaints – Resolved/Settled/Withdrawn.”

Dated June 3, 2024.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors

Copy mailed via USPS First Class mail June 3, 2024 to:

Respondent(s) Tapatillo Plastering LLC 3212 W Granada Road Phoenix, AZ 85009 Complainant(s) Hugh Casiano PO Box 13422 Scottsdale, AZ 85267 Complainant's Attorney William M. Fischbach, Esq. 2525 E Camelback Rd. 7th Floor Phoenix, AZ 85016-4237

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 Complainant’s Attorney at email address of record with Registrar Case No. 2023-12876 /

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: Hugh Casiano PO Box 13422 Scottsdale, AZ 85267

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: Tapatillo Plastering LLC 3212 W Granada Road 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 December 4, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-12876

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for December 21, 2023 at 09:30 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, Mark Nipp Mark Nipp, Investigator 602 7716740 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

CC: Complainant Respondent

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 Jobsite Inspection Notes

Case No.: 2023-12876 Investigator: Mark Nipp Inspection Date: 12/21/2023 Inspection Time: 9:30 AM

Complainant: Hugh Casiano-Not Respondent: Tapatillo Plastering Present LLC (Erhid Ernesto Larios) (Judy Casiano, Attorney Rafaella Not Present: Safarian, and John Birk-GC) Not Present:

Jobsite General Notes: N/A

Compliance Item #2: defective work on pavers around the house 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

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

Investigator’s Observation: Not Verified - Insufficient Evidence The Complainant explained that there was an area in the front driveway that had numerous stains on the newly installed interlocking pavers. The Respondent stated he had the area covered in plastic and there were multiple other trades working at the same time. I saw the entire area in front of the single garage door to the curb was dotted with various colors of stains. There is Insufficient Evidence to determine who caused which stains. No further action is required. Reference Picture(s) 17-23 Governing Rule: N/A

Compliance Item #3: Tapatillo incorrectly removed globs of stucco around the window and window frames of the house which heavily scratched and damaged the windows and window frames. Investigator’s Observation: Verified Both parties agreed that the Respondent cleaned the outside of the windows and window frames at the request of the General Contractor. The Complainant explained that all the Trulite windows were new and recently installed for this remodel project. The Complainant further explained that the windows had been washed one other time; about three months prior to the Respondent. However, the scratches were noticed immediately after the Respondent completed washing the windows. The Respondent stated he used “Goo Gone”, microfiber towels, and a razor blade to clean the windows and window frames. I saw that all windows frames had some discoloration consistent with scrubbing. One window frame had obvious razor blade scratches (P36) which the Respondent stated he did. I saw that all of the windows had scratches in an arced pattern that appeared to be consistent with scrubbing and the use of a razor blade. I also noted that there were scratches on the inside of the windows as well.

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

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

I located the manufacturer’s website (https://www.trulite.com/) and found the recommended cleaning instructions. Those cleaning instructions were uploaded into the ROC’s complaint file under the following file name (20231222_GG_004_2015-02-23_Cleaning_Instructions_Glass_2023-12876) I reviewed the manufacturer’s cleaning instructions and noted the following:  DO NOT USE RAZOR BLADES OR ANY OTHER METAL TOOL TO CLEAN GLASS!  The most common form of glass damage involves the use of metal scraping tools during the cleaning process. Metal tools, scrapers, razor blades, steel wool or similar materials should never be used a general cleaning tool. For very stubborn stains it is recognized that use of such tools may be the last resort, however, Trulite cannot be held responsible for any damage when these tools are used. Even though glass is very hard, it can be scratched by metal implements. Scratches that occur during construction or the cleaning process are not the responsibility of the glass manufacturer or fabricator.  Concrete splatter is common on the ground floor of high-rise buildings. If the concrete is allowed to dry, the glass will most likely have to be replaced. Immediate flooding of the glass surface with water may wash away fresh concrete. Don’t rub the concrete off the glass; scratching of the glass surface will almost always occur if you do.  Low E Coatings – Vacuum coated (MSVD) Low E products may be very sensitive to any type of solvent or strong chemical. It is critical to use only the recommended glass cleaning materials of mild soap or detergent mixed with water. Never use commercial glass cleaning agents that contain alcohol, petroleum-based solvents, fluorine-containing compounds, vinegar or ammonia. These materials can damage the glass, the insulating unit sealants and the Low E coating. I located the manufacturer’s website for “Goo Gone” (https://googone.com/ ) and found the listed ingredients for the ‘original’ formula. Those ingredients were uploaded into the ROC’s complaint file under the following file name

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

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

(20231222_goo-gone-goo-gone-ingredients_2023-12876). I noted that four (4) of the six (6) ingredients are listed as solvents. Based on the Respondent’s admission of using Goo Gone and razor blades, it is more likely than not that the Respondent scratched the exterior of the windows when he cleaned them. The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license. Reference Picture(s) 24-36 Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R 4-9-108(a): A contractor shall perform 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 RCC100 08/19

Complaint #2023-12876 P 1 JSI Date 12/21/2023 at 9:30 AM JSI PHOTOS

Stucco on Pavers Complaint #2023-12876 P 2 JSI Date 12/21/2023 at 9:30 AM JSI PHOTOS

Stucco on Pavers Complaint #2023-12876 P 3 JSI Date 12/21/2023 at 9:30 AM JSI PHOTOS

Missing Stucco Complaint #2023-12876 P 4 JSI Date 12/21/2023 at 9:30 AM JSI PHOTOS

Stucco on Drywall Ceiling Complaint #2023-12876 P 5 JSI Date 12/21/2023 at 9:30 AM JSI PHOTOS

Stucco on Drywall Ceiling Complaint #2023-12876 P 6 JSI Date 12/21/2023 at 9:30 AM JSI PHOTOS Complaint #2023-12876 P 7 JSI Date 12/21/2023 at 9:30 AM JSI PHOTOS

Stucco on Pavers Complaint #2023-12876 P 8 JSI Date 12/21/2023 at 9:30 AM JSI PHOTOS

Stucco on Drywall Ceiling Complaint #2023-12876 P 9 JSI Date 12/21/2023 at 9:30 AM JSI PHOTOS

Stucco on Pavers Complaint #2023-12876 P 10 JSI Date 12/21/2023 at 9:30 AM JSI PHOTOS Complaint #2023-12876 P 11 JSI Date 12/21/2023 at 9:30 AM JSI PHOTOS

Missing Stucco Complaint #2023-12876 P 12 JSI Date 12/21/2023 at 9:30 AM JSI PHOTOS

Stucco on Drywall Complaint #2023-12876 P 13 JSI Date 12/21/2023 at 9:30 AM JSI PHOTOS

Unknown Substance on Fascia Complaint #2023-12876 P 14 JSI Date 12/21/2023 at 9:30 AM JSI PHOTOS

Overspray on Fascia Complaint #2023-12876 P 15 JSI Date 12/21/2023 at 9:30 AM JSI PHOTOS

Overspray on Fascia Complaint #2023-12876 P 16 JSI Date 12/21/2023 at 9:30 AM JSI PHOTOS

Overspray on Fascia Complaint #2023-12876 P 17 JSI Date 12/21/2023 at 9:30 AM JSI PHOTOS

Multiple Substances on Pavers Complaint #2023-12876 P 18 JSI Date 12/21/2023 at 9:30 AM JSI PHOTOS Complaint #2023-12876 P 19 JSI Date 12/21/2023 at 9:30 AM JSI PHOTOS Complaint #2023-12876 P 20 JSI Date 12/21/2023 at 9:30 AM JSI PHOTOS

Multiple Substances on Pavers Complaint #2023-12876 P 21 JSI Date 12/21/2023 at 9:30 AM JSI PHOTOS Multiple Substances on Pavers Complaint #2023-12876 P 22 JSI Date 12/21/2023 at 9:30 AM JSI PHOTOS Complaint #2023-12876 P 23 JSI Date 12/21/2023 at 9:30 AM JSI PHOTOS Complaint #2023-12876 P 24 JSI Date 12/21/2023 at 9:30 AM JSI PHOTOS

Discoloration on Frame Complaint #2023-12876 P 25 JSI Date 12/21/2023 at 9:30 AM JSI PHOTOS

Discoloration/Scratches on Frame Complaint #2023-12876 P 26 JSI Date 12/21/2023 at 9:30 AM JSI PHOTOS

Scratches on Frame Complaint #2023-12876 P 27 JSI Date 12/21/2023 at 9:30 AM JSI PHOTOS

Scratches on Frame Complaint #2023-12876 P 28 JSI Date 12/21/2023 at 9:30 AM JSI PHOTOS

Scratches on Glass Visible @ 15+ Feet Complaint #2023-12876 P 29 JSI Date 12/21/2023 at 9:30 AM JSI PHOTOS

Scratches on Glass Visible @ 15+ Feet Complaint #2023-12876 P 30 JSI Date 12/21/2023 at 9:30 AM JSI PHOTOS

Scratches on Glass Visible @ 15+ Feet Complaint #2023-12876 P 31 JSI Date 12/21/2023 at 9:30 AM JSI PHOTOS

Scratches on Glass Visible @ 15+ Feet Complaint #2023-12876 P 32 JSI Date 12/21/2023 at 9:30 AM JSI PHOTOS

Scratches on Glass Visible @ 15+ Feet Complaint #2023-12876 P 33 JSI Date 12/21/2023 at 9:30 AM JSI PHOTOS Complaint #2023-12876 P 34 JSI Date 12/21/2023 at 9:30 AM JSI PHOTOS Complaint #2023-12876 P 35 JSI Date 12/21/2023 at 9:30 AM JSI PHOTOS

Scratches on Frame Respondent Agrees His Responsibility

Complaint #2023-12876 P 36 JSI Date 12/21/2023 at 9:30 AM JSI PHOTOS Photos Submitted by the Respondent on 12/21/2023 2023-12876 Photos Submitted by the Respondent on 12/21/2023 2023-12876 Photos Submitted by the Respondent on 12/21/2023 2023-12876 Photos Submitted by the Respondent on 12/21/2023 2023-12876 Photos Submitted by the Respondent on 12/21/2023 2023-12876 Photos Submitted by the Respondent on 12/21/2023 2023-12876 Complainant: Hugh Casiano PO Box 13422 Scottsdale, AZ 85267

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: Tapatillo Plastering LLC 3212 W Granada Road 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 22, 2023

License No. ROC 342030

Re:Complaint No. 2023-12876

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on January 17, 2024.

*Note* Additional time was added to the due date to accommodate multiple upcoming holidays.

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 reasons1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.

DIRECTIVE REQUIREMENTS You are directed to remedy the following violations by the appropriate means:

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 ROC Workmanship Standards for Licensed Contractors (June 2009) states, A contractor shall perform all work in a professional and workmanlike manner. The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license. Reference Picture(s) 1-16 Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R 4-9-108(a): A contractor shall perform work in a professional and workmanlike manner. Compliance Item #3: Tapatillo incorrectly removed globs of stucco around the window and window frames of the house which heavily scratched and damaged the windows and window frames. Investigator’s Observation: Verified Both parties agreed that the Respondent cleaned the outside of the windows and window frames at the request of the General Contractor. The Complainant explained that all the Trulite windows were new and recently installed for this remodel project. The Complainant further explained that the windows had been washed one other time; about three months prior to the Respondent. However, the scratches were noticed immediately after the Respondent completed washing the windows. The Respondent stated he used “Goo Gone”, microfiber towels, and a razor blade to clean the windows and window frames. I saw that all windows frames had some discoloration consistent with scrubbing. One window frame had obvious razor blade scratches (P36) which the Respondent stated he did. I saw that all of the windows had scratches in an arced pattern that appeared to be consistent with scrubbing and the use of a razor blade. I also noted that there were scratches on the inside of the windows as well. I located the manufacturer’s website (https://www.trulite.com/) and found the recommended cleaning instructions. Those cleaning instructions were uploaded

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 into the ROC’s complaint file under the following file name (20231222_GG_004_2015-02-23_Cleaning_Instructions_Glass_2023-12876) I reviewed the manufacturer’s cleaning instructions and noted the following:  DO NOT USE RAZOR BLADES OR ANY OTHER METAL TOOL TO CLEAN GLASS!  The most common form of glass damage involves the use of metal scraping tools during the cleaning process. Metal tools, scrapers, razor blades, steel wool or similar materials should never be used a general cleaning tool. For very stubborn stains it is recognized that use of such tools may be the last resort, however, Trulite cannot be held responsible for any damage when these tools are used. Even though glass is very hard, it can be scratched by metal implements. Scratches that occur during construction or the cleaning process are not the responsibility of the glass manufacturer or fabricator.  Concrete splatter is common on the ground floor of high-rise buildings. If the concrete is allowed to dry, the glass will most likely have to be replaced. Immediate flooding of the glass surface with water may wash away fresh concrete. Don’t rub the concrete off the glass; scratching of the glass surface will almost always occur if you do.  Low E Coatings – Vacuum coated (MSVD) Low E products may be very sensitive to any type of solvent or strong chemical. It is critical to use only the recommended glass cleaning materials of mild soap or detergent mixed with water. Never use commercial glass cleaning agents that contain alcohol, petroleum-based solvents, fluorine-containing compounds, vinegar or ammonia. These materials can damage the glass, the insulating unit sealants and the Low E coating. I located the manufacturer’s website for “Goo Gone” (https://googone.com/ ) and found the listed ingredients for the ‘original’ formula. Those ingredients were uploaded into the ROC’s complaint file under the following file name

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 (20231222_goo-gone-goo-gone-ingredients_2023-12876). I noted that four (4) of the six (6) ingredients are listed as solvents. Based on the Respondent’s admission of using Goo Gone and razor blades, it is more likely than not that the Respondent scratched the exterior of the windows when he cleaned them. The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license. Reference Picture(s) 24-36 Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R 4-9-108(a): A contractor shall perform work in a professional and workmanlike manner.

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

Compliance Item #2: defective work on pavers around the house Investigator’s Observation: Not Verified - Insufficient Evidence The Complainant explained that there was an area in the front driveway that had numerous stains on the newly installed interlocking pavers. The Respondent stated he had the area covered in plastic and there were multiple other trades working at the same time. I saw the entire area in front of the single garage door to the curb was dotted with various colors of stains. There is Insufficient Evidence to determine who caused which stains. No further action is required. Reference Picture(s) 17-23 Governing Rule: N/A

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Please direct all questions regarding this Directive to the undersigned Investigator.

Sincerely,

Mark Nipp Mark Nipp, Investigator 602 7716740 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

CC: Complainant Complainant Attorney Respondent

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 Attorney: William M. Fischbach, Esq. 2525 E Camelback Rd. 7th Floor Phoenix, AZ 85016-4237

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: Hugh Casiano PO Box 13422 Scottsdale, AZ 85267

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: Tapatillo Plastering LLC 3212 W Granada Road 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 March 13, 2024

License No. ROC 342030

Re:Complaint No. 2023-12876

WRITTEN DIRECTIVE FROM THE REGISTRAR - AMENDED

Dear Respondent:

*Note* Additional time was added to the due date to accommodate multiple upcoming holidays.

DIRECTIVE REQUIREMENTS You are directed to remedy the following violations by the appropriate means:

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

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

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Please direct all questions regarding this Directive to the undersigned Investigator.

Sincerely,

Mark Nipp Mark Nipp, Investigator 602 7716740 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

CC: Complainant Complainant Attorney Respondent

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 Attorney: William M. Fischbach, Esq. 2525 E Camelback Rd. 7th Floor Phoenix, AZ 85016-4237

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: Hugh Casiano PO Box 13422 Scottsdale, AZ 85267

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: Tapatillo Plastering LLC 3212 W Granada Road 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 April 19, 2024

Compliance Jobsite Inspection Notice Re: Complaint No. 2023-12876

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for Tuesday, April 23, 2024 at 10:30 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,

Mark Nipp Mark Nipp, Investigator 602 7716740 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

CC: Complainant Respondent

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: Hugh Casiano PO Box 13422 Scottsdale, AZ 85267

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: Tapatillo Plastering LLC 3212 W Granada Road 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.: 2023-12876 Investigator: Mark Nipp Inspection Date: 4/23/2024 Inspection Time: 10:30 AM

Compliance Jobsite General Notes: The Respondent was not present at the Compliance Jobsite Inspection.

Compliance Findings: There was no change in the condition of Compliance Item #1 and #3 pursuant to the Written Directive dated 03/13/2024.

The Respondent has not complied with the Registrar’s Written Directive.

Compliance Item #1: incorrect/incomplete stucco work Investigator’s Observation: Verified I saw there was stucco residue on the pavers at the base of the exterior walls. This condition was present sporadically throughout the entire residence. ROC Workmanship Standards for Licensed Contractors (June 2009) states, A contractor shall perform all work in a professional and workmanlike manner. The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license. Reference Picture(s) 1-16 Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R 4-9-108(a): A contractor shall perform work in a professional and workmanlike manner. Compliance Item #3: Tapatillo incorrectly removed globs of stucco around the window and window frames of the house which heavily scratched and damaged the windows and window frames. Investigator’s Observation: Verified Both parties agreed that the Respondent cleaned the outside of the windows and window frames at the request of the General Contractor. The Complainant explained that all the Trulite windows were new and recently installed for this remodel project. The Complainant further explained that the windows had been washed one other time; about three months prior to the Respondent. However, the scratches were noticed immediately after the Respondent completed washing the windows.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 The Respondent stated he used “Goo Gone”, microfiber towels, and a razor blade to clean the windows and window frames. I saw that all windows frames had some discoloration consistent with scrubbing. One window frame had obvious razor blade scratches (P36) which the Respondent stated he did. I saw that all of the windows had scratches in an arced pattern that appeared to be consistent with scrubbing and the use of a razor blade. I also noted that there were scratches on the inside of the windows as well. I located the manufacturer’s website (https://www.trulite.com/) and found the recommended cleaning instructions. Those cleaning instructions were uploaded into the ROC’s complaint file under the following file name (20231222_GG_004_2015-02-23_Cleaning_Instructions_Glass_2023-12876) I reviewed the manufacturer’s cleaning instructions and noted the following:  DO NOT USE RAZOR BLADES OR ANY OTHER METAL TOOL TO CLEAN GLASS!  The most common form of glass damage involves the use of metal scraping tools during the cleaning process. Metal tools, scrapers, razor blades, steel wool or similar materials should never be used a general cleaning tool. For very stubborn stains it is recognized that use of such tools may be the last resort, however, Trulite cannot be held responsible for any damage when these tools are used. Even though glass is very hard, it can be scratched by metal implements. Scratches that occur during construction or the cleaning process are not the responsibility of the glass manufacturer or fabricator.  Concrete splatter is common on the ground floor of high-rise buildings. If the concrete is allowed to dry, the glass will most likely have to be replaced. Immediate flooding of the glass surface with water may wash away fresh concrete. Don’t rub the concrete off the glass; scratching of the glass surface will almost always occur if you do.  Low E Coatings – Vacuum coated (MSVD) Low E products may be very sensitive to any type of solvent or strong chemical. It is critical to use only the recommended glass cleaning materials of mild soap or detergent mixed with water. Never use commercial glass cleaning agents that contain alcohol, petroleum-based solvents, fluorine-containing compounds, vinegar or ammonia. These materials can damage the glass, the insulating unit sealants and the Low E coating. I located the manufacturer’s website for “Goo Gone” (https://googone.com/ ) and found the listed ingredients for the ‘original’ formula. Those ingredients were uploaded into the ROC’s complaint file

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 under the following file name (20231222_goo-gone-goo-gone-ingredients_2023-12876). I noted that four (4) of the six (6) ingredients are listed as solvents. Based on the Respondent’s admission of using Goo Gone and razor blades, it is more likely than not that the Respondent scratched the exterior of the windows when he cleaned them. The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license. Reference Picture(s) 24-36 Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R 4-9-108(a): A contractor shall perform work in a professional and workmanlike manner.

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,

Mark Nipp Mark Nipp, Investigator 602 7716740 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

CC: Complainant Respondent

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Complaint #2023-12876 P 1 CJSI Date 4/23/2024 at 10:30 AM CJSI PHOTOS Complaint #2023-12876 P 2 CJSI Date 4/23/2024 at 10:30 AM CJSI PHOTOS Complaint #2023-12876 P 3 CJSI Date 4/23/2024 at 10:30 AM CJSI PHOTOS Complaint #2023-12876 P 4 CJSI Date 4/23/2024 at 10:30 AM CJSI PHOTOS Complaint #2023-12876 P 5 CJSI Date 4/23/2024 at 10:30 AM CJSI PHOTOS Complaint #2023-12876 P 6 CJSI Date 4/23/2024 at 10:30 AM CJSI PHOTOS Complaint #2023-12876 P 7 CJSI Date 4/23/2024 at 10:30 AM CJSI PHOTOS Complaint #2023-12876 P 8 CJSI Date 4/23/2024 at 10:30 AM CJSI PHOTOS Complaint #2023-12876 P 9 CJSI Date 4/23/2024 at 10:30 AM CJSI PHOTOS Complaint #2023-12876 P 10 CJSI Date 4/23/2024 at 10:30 AM CJSI PHOTOS Complaint #2023-12876 P 11 CJSI Date 4/23/2024 at 10:30 AM CJSI PHOTOS Complaint #2023-12876 P 12 CJSI Date 4/23/2024 at 10:30 AM CJSI PHOTOS Complaint #2023-12876 P 13 CJSI Date 4/23/2024 at 10:30 AM CJSI PHOTOS Complaint #2023-12876 P 14 CJSI Date 4/23/2024 at 10:30 AM CJSI PHOTOS Complaint #2023-12876 P 15 CJSI Date 4/23/2024 at 10:30 AM CJSI PHOTOS Complaint #2023-12876 P 16 CJSI Date 4/23/2024 at 10:30 AM CJSI PHOTOS Complaint #2023-12876 P 17 CJSI Date 4/23/2024 at 10:30 AM CJSI PHOTOS REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Hugh Casiano, Case No. 2023-12876

COMPLAINANT, v. CITATION Tapatillo Plastering LLC, License No. ROC 342030,

RESPONDENT.

The Registrar issues this Citation to Tapatillo Plastering LLC, (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by May 22, 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 7, 2023, Hugh Casiano, (“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

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 contractor shall perform all work in a professional and workmanlike manner. 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. 2023-12876. 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]

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 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 May 22, 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

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 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.

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 // Dated May 7, 2024. By: /s/ Gail Mathews Gail Mathews Legal Assistant II Legal Department Arizona Registrar of Contractors

COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, May 7, 2024 to: Respondent Certified Mail No: [number redacted] Tapatillo Plastering LLC 3212 W Granada Road Phoenix, AZ 85009

Copy mailed by USPS First Class mail this same date to: Tapatillo Plastering LLC 3212 W Granada Road Phoenix, AZ 85009

Complainant Hugh Casiano PO Box 13422 Scottsdale, AZ 85267

William M. Fischbach, Esq. 2525 E Camelback Rd. 7th Floor Phoenix, AZ 85016-4237 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 Complainant’s Attorney at email address of record with Registrar

Case No. 2023-12876

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 Received by Investigations 11/07/2023 DocuSign Envelope lDr 70C89D53-4CAB-49CC-8881-1FD637C698C9 2023-12876

Licensed Complaint Form RECEIVED Departmen tal Use Only For Current or Suspended Licensees a-;''.. NOVOT Complaint Number: Mail to: Registrar of Contractors INVESTIGATIC P.O. Box 18243 Phoenix, AZ 85005-8243 lpaLV rO

Person Filin Com int Full Name (Firsl Middle Last) 8u siness Name (if a licensed conkactor or supplier) ROC License Numbe(s) (if any) Hugh Casiano l,.1aill ng Address (Enter jobsite in ContracuProject section) City State zip PO Box 13422 Scottsdale AZ 8s267 Phone Number Emall I

602-3994844 hughcasiano@gmail. com lconsent to receive communications electronically in connection with this case @Ves Qruo Name of Atlorney (if any) William M. Fischbach Street Address of Attomey Cily State zip 2525 E. Camelback Rd.,7th Floor Phoenix AZ 85016 Phone Number of Attorney Email of Atlorney 602-255$036 [email redacted] I ation Name (as shown on contracuinvolce) ROC License Number(s) T atillo Plasterin LLC 342030 Street Address City State zip 3212 W. Granada Rd Phoenix AZ 85009 Phone Number Email 602-670-0951 [email redacted] Name of Person(s) Representing License Erhid Ernesto Larios ContracUProject on Contract Date Contract Amount Amount Paid [number redacted] (original); [number redacted] (change of order) $66,140.00 $61,972.00 Date Work Started Date Work Stopped Date Work Was Completed Approx. June 5, 2023 Approx. Auqust 9, 2023 Close of Escrow (New Home) Move-ln Oale (New-Home) 07109t2021 Currently moving in Jobsite Street Address City State zip 824'l E. Del Camino Dr Scottsdale AZ 85258 Name of Construction Site Owler Construction Sile Name (if applicable) Hugh Casiano Phone Number of Construction Site Owner Email of Construction Site Owner 602-399-4844 [email redacted] This complaint is for OAbandonment O Poor Work O Other I have contacted the contractor by o Phone c) Email oLetter oN/A Have you filed a complaint in court? O Yes ONo ON/A lf yes, provide a copy of civil complaint Has any work been corrected? O Yes ONo lf yes, by whom? The contract was O Written O Oral OBoth All change orders were O Written O Oral O Both O N/A This project was O Commercial OResidential OOn Tribal Land This project involved O New Home O Remodel O Repair Oother A building permit was obtained by OContractor QProperty Owner OBuilding pe tmil # 282357

RCC099 12105/18 Received by Investigations 11/07/2023 DocuSign Envelope lD: 70CBgD53-4CAB49CC-8881-1FD637C698C9 2023-12876

Licensed Complaint Form For Current or Suspended Licensees

Contra t lnformation Continued List a nd br efly desc ti be ea ch corn p a inl 1e m (Pl'" as e d o n ot wn le "see atlac h e d U se addil n a pag es nle s nec S a ry to rt h e d es b su es st m nl mt ed lo 0 0 ch a a cle TS n

.claimant hired a general contractor to perform contracting services at the claimant's home, which is

2.currently being renovated. The general contractor subcontracted with Tapatillo plastering LLC

3.("Tapatillo") to perform stucco work around the house. Tapati o violated A.R.S. S 32-1 154(AX3)

4.lViolation of any rule adopted by registrar, namely R4-9-108 Workmanship). Tapatillo performed the

S.following poor and defective work at the jobsite: (1) incorrecuincomplete stucco work and

6. (2) defective work on the pavers around the house

8.(1)After performing stucco work around the house, Tapatillo proceeded to clean up residual stucco

9. Tapatillo incorrectly removed globs of stucco around the window and window frames of the house,

10.which heavily scratched and damaged the windows and window frames. The damage was incurred after

1 . Tapatillo workers were informed on multiple occasions to be careful in cleaning up the stucco around

12. the windows, as they can easily be damaged and scratched. Tapatillo was provided four installment

13. payments totaling $61,972 from May through July 2023, for the stucco work. The resulting damage will

14. require $80,584.9'l to correct and finish the windows based on the glass damage estimate made on

15. Octobe l7. 2023

17. (2). Tapatillo has also performed poor and defective work on the pavers around the house. Currently,

8. there is a $5,000 balance for the work on the pavers, but no payment has been furnished yet

19. because no work has been done to correct them. The damages resulting from the poor/defective work

20. will require $3,000 to correct and finish Signature I declare under penalty of perjury that the information and documents contained on this Complaint Form, included with this complaint, or hereafter submifted in suppott of this complaint are true and accurate to the best of my knowledge. I will assist in the investigation or in the prosecution of the contractor or other pafties, and will, if necessary, attend hearings and testify to facts. Prinled Name Signature,-*,"'"*q Date Hugh casi ano 1t/6/2023 | I2ts 25 PM [4 I ttu'!" uu*,

RCC099 12105/1 8

Received by Investigations 11/07/2023 . Docusigh Envelope lD: 7OCB9D53-4CAB-49CC-8881-1FD632C698C9 2023-12876

City of Scottsdale Building Permit

Permit No. 282357 Date lssued 5/19/2022 Keycode 3552P Permit Type MINIMUM COMBINATION APN 174-02-366 Address 8241 E DEL CAMINO DR Lot 23 Subdivision ISLAND AT MCCORMICK RANCH MCR 200-31 Valuation $0.00 Const Type Census Code 999 3 QS 2547 Exist Use Elec. Amps Occ Type R-3(1s) Gas No Zon ing R1-10 PCD Bldg Height Bldg Stories Bldg Code IRC 20'15 Case No. Meter Size Fire Permit Plan No. Setbacks Owner HUGH CASIANO Owner Bu ilder No 8241 E DEL CAMINO DR Payment Type SCOTTSDALE, AZ 85258 Account Contractor Name Phone License No. Privilege Tax BIRK DEVELOPMENT LLC 480-583-8544 253341 (R) 1033283

Build ing Base Fee $400.00 $0.54 Plumbing A/C Square Feet (0x$0.78x'100%) $0.00 $0.08 Electrical Other Square Feet (0x$0.44x'100%) $0.00 $0.08 Mechanical Fence Lineal Feet (0x$0.22x100%) $0.00 $0.08 Total Ret Wall Lineal Feet (0x$2.10x'100%) $0.00 $0 78 Review Fee $0.00 Total Amount $295.00

Customer Sagnature : [email redacted] Development Services . ANNF StGNED ON 5/19/2022

v\ihen a credit card is used as payment lagree to pay the above total amount according to the Card lssuer Agreement. This permit becomes null and void if work or construction authorized is not commenced wathin 180 days (90 days for Native Plant permits) or if constructaon or work is suspended or abandoned for a period of 180 days (90 days for Native Plant permits) at any time after work is commenced. All provisions of laws and ordinances governing this type of work will be complied with whether specified herein or not. The granting of a permit does not presume to give authority to violate or cancel the provisions of any other state or local law regulating construction or the performance of construction. Contractors and owners: Contracting or sale of improved real property is subject to privilege tax, call 480-312-2400 for info

lnspection Scheduling: Phone 480-312-5796 | lnternet https://eservices.s cottsdaleaz.gov/bld g reso urces lnspector information: h ttps://eservices.scottsd aleaz.gov/bld g reso u rces/b u ild ingperm it or use QR Code 7M7E lndian School Rd., Scottsdale, AZ 85251 (48O) 312-2500 Received by Investigations 11/07/2023 . DocuSigh Envelope lD: 70CBgD53-4CAB49CC-8881-1FD637C698CS 2023-12876

Item 67 of 2L4 Show p_erEjat image* E Print

CONIRAOIORA NO BIR( DEVI.OPI!,EI{T. lI-G 1r53 Boon'gllr. r" a5raa.,.r, a''al!'llla i& h,A.i ?o,2oz3 ai-rr6aa1.)., $ i{4q0e.,1) a E!- !s' ooo00D l ;,1 ] ! I t, F t' ElRt{!€vEiotr:r l iI l;ai I 11 .c4rlt fl,*&{, r r'{.hl.r Fr... rrd &!irtr.lra.t r6 ri.o.nN . r,rJl.rrrr.I r1*[ *..i !161 1r. r'rtd. d*r rEr* arl.{n q.r..r . tn&r1r*trr! ffi-6k!nd.nn' L-. !ts E: tt li illr 's,.ir .I.a** [email protected]@rinr i-r rPl.'.,r'*'rt*n,t.!,!ad!s' n&u.Bd :

I .|'l{.EjE!R,.m.trd!h!,ll,lflht, I . rifiis i.,.]d..!i. *. |d|.i},,i., !:

Previous F Flip ,@ Zoom Next

* For your security, information like account numbers, signatures, and the ability to view the backs of checks have been removed from the imaqes. You can see full or partial fronts and backs of the images by using the link at the top of the window.

Equal Housing Lender Received by Investigations 11/07/2023 . Docusign Envelope lD: 70CB9D53-4CAB-49CC-8881-1FO637C698CS 2023-12876

Item 52 of 214 Show p_arUat imagc* A Print

co,{rf,acn n6 ttc BtE( DFJR.oF !arT. Llc 1167 ac.ra{l o*<i$e 2(,?rL3 'i-laqnr-,-p RDeG"rNrr-, u{- $ lU,l116.oo ! Icr- ,il_E -efe$!E_:-ffi{.Ei+*#g.,

) s N\ }\ F \r t-v "r L

Previous rr Flip ..@ Zoom Next

* For your security, information like account numbers, signatures, and the ability to view the backs of checks have been removed from the images. You can see full or partial fronts and backs of the images by using the link at the top of the window.

Equal Housing Lender Received by Investigations 11/07/2023 . Docusign Envelope lD: 70C89D53-4CAB-49CC-8881-1FD637C698C9 2023-12876

llem 42 of 2t4 Show p_arUat imagc* E Print

coxlB CfinS U{C tsRx m,/ELOPMEI'IT. LLO 1176 looTlsoaleir es{3t *n 7- 7- z o?t $ l{7s1.oo G

E ar,ll::.lala:' ir. rr o I

. a' ad,,{rdd,r.G rrii ht r,tDrr t:F 3 ii Previous S Flip .9 Zoom Next

* For your security, information Iike account numbers, signatures, and the ability to view the backs of checks have been removed from the images. You can see full or partial fronts and backs of the images by using the link at the top of the window.

Equal Housing Lender Received by Investigations 11/07/2023 DocuSign Envelope ID: 70CBgD53-4CAB-49CC-888,1-1FD637C698CS 2023-12876

Item 36 of 2L4 Show p_atjat imags* A Print

CO'JTEACTOffi IilC BIH( OF'ELOPIr'ENT. I.I.c 1144 aaa!&{i rz &5srt 7-z - zo2) tl"6E LC $ l?rooo.n' ". a Mm- . ii t:)ii: r:l

I l lqrr; l. l&t (..r rJr,r.".:Lr, *,M inu..

rrtrrr.. i$r)a tocl'rluI r*rr'$

Previous fl Flip ,@ Zoom Next

A Equal Housing Lender Received by Investigations 11/07/2023 DocuSigh Envelope lDi 70CBgD53-4CAB-49CC-888'1-1FD637C698CS 2023-12876

Plaster Se ice Contract fChano e of Order)

l. The Parties. This Plaster Service Contract (Change of Order) is made between

Client: Contractors lncorporated/ Birk Develooment. LLC with a mailing address of 8711 E. Pinnacle Peak Rd. #219. City of Scottsdale. State of Arizona. (Client")

AND

Contractor: Taoatillo Plastering LLC. ROC# 342030 with a mailing address of 32'12 W. Granada RD. City of Phoenix. State of Arizona. ("Contractof').

Service Address: 8241 E. Del Camino Dr. City of Scottsdale. State of Arizona, Zip code: 85258

Oate.[number redacted]

This is a change of order to the Plaster Service Contract ("Agreement") between the same parties signed below that was dated [number redacted]. All parties hereby agree to amend the Plaster Service Contract ("Agreement") to include the following:

Stucco and lath additions- "Deleted an arch over electrlc box *Added wall length on selected walls of second floor.Added ceiling on first floor, 2 more ceilings located on second floor "Addition of beam on second floor.Added a pop-out under both patios.

The original initial Plaster Service Contract price has been increased in the amount of $9.800.00 dollars. New total amount: $65.140.00 dollars.

Updated payment installments below:

1"t lnstallment: $16,902.00 USD (down payment)- *lnstallment has been paid. 2nd lnstallment: $16,168.00 USD (after the completion of lath) 3d lnstallment: $16,902.00 USD (after the completion of base coat) 4'h lnstallment: $16,168.00 USD (after the completion of finish coat)

ll. Governing Law. This Agreement shall be governed under the laws in the State of Arizona.

lll. Entire Agreement. This Agreement, along with any attachments or addendums, represents the entire agreement between the parties. Therefore, this Agreement supersedes any prior agreements, promises, conditions, or understandings between the Employer and Employee.

Client's Sionature Date:

Print Name

Contractor's Signature Date: OGl14l2O23 - Company: Taoatillo Plasterino LLC. ROC# 342030

Print Name: Erhid Larios

E Page 1 of 1

Document Ret: HP96U"RTJIV-UH4LU-NJ5QH Received by Investigations 11/07/2023 n lD 70c89D53-4CA84SCC-8881-1 FD637C698C9 2023-12876 314l< t

fi Signature Certificate E HP96U.RTJIV.UH4LU.N J5QH

Signer Timestamp Signalurc

Erhid Larios I

t Ema l: lapatilloplastering@gmail com

Senl

Sgned Jun 2023 02 56:39 UTC Jun 2023 02 56:45 UTC Jun 2023 02 57 40 UTC 644-42 Rscipisnt Vsrif ication: lP addrcss 68.96 53 40 { 15.lun 2023 02 56 45 UTC Localion: Phoenix. Uniled Slales

Jun 2023 02:57 40 UTC ,

E Signsd with PandaDoc

PandaDoc is a document workflow and cerlifed esignalure solution trusted by 40,000+ companres worldwide ffi ET#E

ii Received by Investigations 11/07/2023 DocuSign Envelope lD: 70CBgD53-4CAB-49CC-8881-1FD637C698C9 2023-12876

Plaster Service Contract

L The Parties. This Construction Contract ("Agreement") js made between

Client: Contractors lncoroorated/ Birk Development. LLC with a mailing address of 871'1 E. Pinnacle Peak Rd. #219. City of Scottsdale. State of Arizona. (Client")

AND

Contractor: Taoatillo Plastering LLC. ROC# 342030 with a mailing address of 3212 W. Granada RD. City of Phoenix. State of Arizona. ("Contractor").

Service Address: 8241 E. Del Camino Dr. City of Scottsdale. State of Arizona, Zip code: 85258

II. The Services. The Contractor agrees to perform the tollowing: Suoolv all material needed to comolete job. Set up scaffolding needed to complete iob. comolete lath. aoplv base coat and svnthetic sand fine finish to the outside walls of home. as agreed on by client and contractor.

Hereinafter known as the "Services"

lll. Payment. ln consideration of the Services to be performed by the Contractor, the Client agrees to pay the following amount: $56.340.00.

Completion shall be defined as the fulfillment of Services as described in Section ll in accordance with industry standards and to the approval ofthe Client, not to be unreasonably withheld.

The Contractor agrees to be paid in the following installments:

l't installment (30% of $56,340.00): $16,902.00 down payment (due before job start date, to ensure all materials and scaffolding needed to start job) 2"d installment (2O% of $56.340.00): $11,268.00 (after the completion of lath) 3'd installment (30o/o of $56,340.00): $16,902.00 (after the completion of base coat) 4th installment (2oo/o of $56,340.00): $11,268,00 (after the completion of finish coat)

lV. lndependent Contractor Status. The Contractor, under the code of the lnternal Revenue Service (lRS), is an independent contractor, and neither the Contractor's employees or contract personnel are, or shall be deemed, the Client's employees.

ln its capacity as an independent contractor, Contractor agrees and represents: Contractor has the right to perform services for others during the term of this Agreement; Contractor has the sole right to control and direct the means, manner, and method by which the Services required by this Agreement will be performed. Contractor shall select the routes taken, starting and ending times, days of work, and order the work is performed; Contractor has the right to hire assistant(s) as subcontractors or to use employees to provide the Services required under this Agreement. Neither Contractor, nor the Contractor's employees or personnel, shall be required to wear any uniforms provided by the Client; The Services required by this Agreement shall be performed by the Contractor, Contractor's employees or personnel, and the Client will not hire, supervise, or pay assistants to help the Contractor; Neither Contractor nor Contractor's employees or personnel shall receive any training from the Client in the professional skills necessary to perform the Services required by this Agreementt and Neither the Contractor nor

B Page 1 of 2

Document Ref: VYVEK-SJDXF-9Y2Y4-EXMUY ?age 1G2 Received by Investigations 11/07/2023 DocuSign Envelope lD: 70C89D53-4CAB-49CC-8881-1FD637C698C9 2023-12876

Contractor's employees or personnel shall be required by the Client to devote full{ime to the performance of the Services required by this Agreement.

V. Assignment and Delegation. The Contractor may assign rights and may delegate duties under this Agreement to other individuals or entitres acting as a subcontractor ("Subcontractor") The Contractor recognizes that they shall be liable for all work performed by the Subcontractor and shall hold the Client harmless of any liability in connection with their performed work.

The Contractor shall be responsible for any confidential or proprietary information that is shared with the Subcontractor in accordance with Sections XVI & XVll of this Agreement. lf any such information is shared by the Subcontractor to third (3'd) parties, the Contractor shall be made liable.

Vl. Governing Law. This Agreement shall be governed under the laws in the State of Arizona.

Vll. Additional Terms and Conditions. Any add-on work will be charged at an additional price as deemed fit by Taoatillo Plastering LLC. ROC# 342030 and client. Taoatillo Plastering LLC. ROC# 342030 wrll be in charge of cleaning uo all excess materials and anv debris we may have made during and after our work is comolete.

Vlll. Entire Agreement. This Agreement, along with any attachments or addendums, represents the entire agreement between the parties. Therefore, this Agreement supersedes any prior agreements, promises, conditions, or understandings between the Employer and Employee.

Client's Signature Date: 5125123 print Name Kerry Tishuck

contractor's signature efrtd Unn Date: o5t2st2o23

Company: Tapatillo Plastering LLC. ROC# 342030 - Print Name: Erhid Larios

B Page 2 ol 2

Document Rer: \.YVEK-SJDXF-9Y2Y4-EXMUY Page 2 ot 2 Received by Investigations 11/07/2023 Docu NE lD: 70C89D53-4CAB-4SCC-8881-1 FD637C698Cg 2023-12876 ta ffi aa f:ii:a-i:;iiiJ

Signature Certificate . UA/EK-SJDXF-9Y2Y4,EXMUY

Signer Timeslamp Signature E Erhid Larios { Emair [email redacted] il S€nt

Signed May 2023 20 49:02 UTC May 2023 20 52 38 UTC May 2023 20 53 31 UTC e&dunA Rocipient Verilication: lP add@ss 68 96 53 40 TEmailvenled 25 May 2023 20 52 38 UTC Locatro^: Phoe,rix, United Stales {

May 2423 20 53 31 UrC

Page 1 of 1 5 I i (}; ,

+ {{ l

E Slgned with PandaDoc

PandaDoc is a docurnent workflow and certified esignature solution lrusted by 40,000+ companies worldwide ffi ETfE *. Received by Investigations 11/07/2023 DocuSign Envelope lD: 70CBgD53-4CAB-49CC-8881-1FD637C698C9 2023-12876

Mntoz GLqss &Mnnon 2245 NoRrH 7TH STREEI PHoENIX, ARIZoNASSOO6 PHoNE (602) 252€01O LtcENsE NO. Roc145598

REPIACEMENT GIAss & MATERUL PRoPoSAL

CONTRACTOR,/CUSTOMER: OqroBER 17,2023 HUGH CASIANo

JOB NAME,/ADDRESS: e241 E DEL CAMINo DR. ScorrsDALE, 85258 ATTENTION PREPARED BY: JUSTIN LONG

EMAIL:

REGARDING THE ABoVE REFERENCED PRoJECT MIRAGE GLA5S AND MIRROR PROPOSES THE FOLLOWING:

FURNISH AND INSTALL:

STOREFRONT GLASS (I/4'' SBTO / Y2, BROISE A,IR SPACE ,/ '/4" CIEAR) TEMPERED. " OA 1

FRor\rr - (2) 32-1/4" x4O3/8' $349.4rE4x2 $69a.42 (D 32-1/4' x8,*l /A', $74€,74FAx2 $1,497.8 DooR- (r 61-1./4" x 1O*7 / 16" $1,66e.77 TRANSoM- ()72"x42 $739.94

PooL SuoERs - <3) 3A' xa*1 /4' $799.64EA x 3 5239A.92 (3) 51-3/ t6' xe,*t /4', $ r ,O94.24EA x 3 s3,2A2.72 GUEST BED SuDERs 1, 2, 3- (9) 3I-t 1 / 1 6' x3.5-^l / 4" $7O4.7OE x9 $6,342.3O MASTER sED - (3) 37-1 1./ 1€," xa63/4' $8ta.24EAx3 $2,454.72 KrrcHEN - (3) 45 1 1 ./ 16' x A6.1 / 4' $99o.5oEA x 3 $2,97 r .50 Received by Investigations 11/07/2023 DocuSign Envelope lD: 70CBgD53-4CAB-49CC-8881-1FD637C698CS 2023-12876

GREAr RooM - (6)32-1/4'x I 1A.1 /8' $99a.33EAx 6 $5,9A9.9a (6) 32-1 / 4- x 395/ A' $332.74EA x 6 $ r ,996.68

BREAKFAST NOOK- (6> 2(.}-1,/4' x67-1 /A" $366.O5EA x 6 $2, 1 96.30

NEw PooL swrNc oooR FRAME $r,roo.oo (4) NEw BREATGT€T NooK FRAMES $6oo.ooEA x 4 $2,4OO.OO

BASEMEAT FRENCH DooRs G) 32-15/ 16' x67-13./ 16" $565.72EAx 6 $3,394.32

I./4, SATIN PAVI,A TEMPERED GARAGE - (2) 51-l /2" x 17-1/A' $ra2.54EAx2 $36s.OA (2) 4?7 /A' x 17-l ./8' $99.5OEA x 2 $ 1 99.OO

IWC - SUpER ./ cASEME\rrs 1/A' 5B7O/ !/2' BRotlzE AIR sPAcE / 1/8' CI-E^.RTEMPERED,3/4'OA KITCHEN - e) 34',x 76', BREAKFAST NOOK- (2) 22' x70" $533.92EA x 2 $ 1 ,067.a4 $31 A.2OEA x 2 $636.40 HERTTAGE FRENCH DooR _ MASTER - (2) 22" x 80" $363.66EA x 2 $727.32

MILGARD wINDow GLASS SUNCoAT MAx Low.E / EDGEGARD SPACER,/ CLEAR

UPSTAIRS _ PICTURE WNDOW 433/A'x7-3/4", 1" OA $47.74 GUE T BATH - SINGLE HUNG, SATIN Gt.A.Ss, TEMPERED, (A 2*7/16" x22'13/ 16',e/e' OA #235.74EAx2 $471.8 LAUNDRY _ SINGIE HUNG (D 1 W / 1 6' xzl -7 / 1 6'. 81a" QA $47.74FAx2 $95.44 GARAGE _ PICTURE wlNDOW, SATIN GI..A..SS, TEMPERED, 2>3/A'x405/8", r"OA $424.8 MASTER CLOSET, XO WINDOWS, TEMPERED. <4) 21-3/ 16" x7'7 / 16',ela" OA $96.94EAx 4 $3A7.76 UPSTAIRS HAIWAY, XO WINDOWS, TEMPERED. (4) 21-3/ 16" x67:7 / 16",e|e" OA $322.4OE^x4 $r,249.60 DOWNSTAIRS HALLWAY, XO W|NDOWS, TEMPERED. (6,21-3/ 16,x67:7 / 16",ola' OA $322.4OE x6 $ r,934.4O

PLAYRooM, xo WINDOWS. (4t 1e3/16" x37n/16',e/a- OA $7a.sAEAx 4 $314.32 MA.STER BATH, SINGLE HUNG, TEMPERED, (A 25i7./ 16' x22-13/ 16",'/t" OA $t6t.57EAx2 $323.14 Received by Investigations 11/07/2023 . DocuSidn Envelope lD: 70CBgD53-4CAB-49CC-B881-1FD637C698C9 2023-12876

PLAYRooM, PrcruRE wNDow, TEMPERED. (a t93/A'x67-3/8, 1" OA $322.4OEAx2 $644.AO (A 4?3/A' x 678,/A , t' OA $73O.73Fj,x2 *t ,46,7.46 DOWNSTAIRS, PICTURE WINDOW 2>3/8" x 4e5./A',, r',OA $141.74

SUBToTAL GL-Ass $w.473.O7

TAPE Krrs FoR MTLGARD wNDows $ l7.5OE x 31 $542.50 TAx $43e7.34 SCAFFoLD To REG|-AZE uppER GrAss WHERE REQU|RED $ 1 ,75O.OO

[.ABOR $23,4S.OO

ToTAL $ao,5a4.91

-ALL PRoPoSAT.S,/ESTIMATES MUST BE SIGNED ANo SENT BACK To )FFICE@MIRAGEGM,C)M

-FoR CoNFTRMATIoN AppRovtNG THE DEscRrmoN oF woRK AND DoLI-AR AMouNT. 5096 DEPoSTT Is REQUIRED BEFoRE AI.IY MATERIAL Is oRDERED.

-ONCE wE RECEIVE YoUR SIGNED PRoPoSAL./ESTIMATE, AccoUNTING wLL CoNTACT YoU FoR DEPoSIT (,cLl-ow 1-2 DAys ro pRocEgg oRDER AFrER oEposr) AND TO sET UP A TENTATIVE SCHEDULE DATE FOR INSTALLATIoN.

- (LEAD TMES ARE BASED oFF THE DAY PRoDUCT Is oRDERED, NoT PRoPoSAL/ESTIMATE DATE. I-EAD TIMES ARE ALWAYS CHANGING FROM SUPPUERS DEPENDING ON THE PRODUCT ORDERED, ALUMINUM wNDows THERMALLY BRoKEN UPTo 5 MoNTHs, VINYL wINDows UPTo ,I 6-20 !A/EEKS, INSULATED UI.IITS 142 1 BUSINESS DAYS. FRAMELESS sHowERs 24 wEEKs. SEMI.FRAMELESS SHOWERS 24 WEEKS) -ONCE ORDERS HAVE BEEN PLACED, WE wlLL ATTEMPT TO KEEP YOU UP TO DATE WTTH OUR SUPPUERS, ACKNOWLEDGEMENTS.

-AI.IY QUESTIONS PLEASE DO NOT HESTTATE TO GIVE US A CALL.

SIGNATURE- Received by Investigations 11/07/2023 ' DocuSign Envelope lDr 70CBgD53-4CAB-49CC-8881-1FD637C698C9 2023-12876

z.cj5?o' CERTIFIGATE OF LIABILITY INSURANCE 04/24/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLOER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: lf the cerlificato holder is an ADDITIONAL INSURED, the policy(ies) must have AODITIONAL INSURED provisions or be endo.sed. It SUBROGATION lS WAIVED, subject to the tgrms and conditions of the policy, certain policies may rcquire an ondorsement. A statEment on this ce.tificate does not confer rights to the certificatq holder in lieu of such endorsement(s). PRODUCER K ara Baitazar

KYC lnsurance seruices, LLC lISx[.E,,, s62-4734080 1562) 473 4074 17777 CenterCourt Dr ADORESS certs@kycinsuran(e.com INSU RER(S) AFFO ROING COVERAGE Cen tos cA 90703 lNsuRER a : Clea r Sp ring Property a nd Casualty Com pa ny 15563 INSURED INSURER B Tapatillo Pla5tering LLC INSURER C 32l2WGranada Rd INSIJRER D

INSURER E AZ 85009 INSURER F COVERAGES CERTIFICATE NUMBER REVISION NUMBER THIS iS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSIJRED NAI'ED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWTHSTANDING ANY REOUIREMENT. TERI\,I OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO WHICH THIS CERTIFICATE i,4AY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERI\T]S, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIN'IITS SHO!\N II,IAY HAVE BEEN REDUCED BY PAID CLAII\4S INSR TYPE OF INSURANCE LIMITS

I x ]coir ERcraL GENERAL LrABrLrIY I 5 1,000,000 l-l l.,o,.,oo, f o...* ] I EACH OCCURRENCE DAMAGE TO RENTED PREM SES lE, occlrencel s 100,000 I MED EXP (Any one personl s 5,000

GEN'LAGGREGATE L MIT APPL]ES PER x OTHER: Et$o; E,o" AUTOMOBILE LIABILITY I c8003434300 03108/2023 03/oa/2a24 PERSONAL&ADV NJURY GENERALAGGREGATE

PRODUCTS COMP/OPAGG

COMBINEDSINGLELMT 1,000,000 s 2,000,000 s 2,000,000

BOD LY NJURY (PET P€TSON) s o\ANEO fJ ScNEDLJLED BOD LY NJURY (Per accdenl) S AUTOS ONLY HIRED T--_'l NoN-o!^AED AUTOS ONLY I AUTos oNLY S

Tl S

UiIIBRELLA LIAB OCCUR EACH OCCURRENCE s EXCESS LIAB CLAIMS.MADE AGGREGATE S

DED RETENI ON $ S

VYORKERSCOMPENSANON OTH. ANO EMPLOYERS' LIABILITY ANYPROPRIETOR]PARTNER/EXECUT OFF CER]MEMBER EXCLI]OED? VE I E L EACN ACC DENT

E L O SEASE. EA EMPLOYEE S

DFSCR PTION OF OPERATONS b€e E L D SEASE POLICY LIi,| I s

DESCR|PTTON OF OPERATTONS / LOCAIONS / VEHTCLES (ACORO lOl, Addhlon.lReMrki Schedure, may b. .riached rmor. sp.ce ir Equircd)

CERTIFICATE HOLDER CANCELLATION

SHOULO AI{Y OF THE ABOVE DESCRIBED POLICIES BE CANCELLEO BEFORE THE EXPIRATION DATE THEREOF, NOTICE wlLL BE OELIVERED IN ACCORDANCE wlTH THE POLICY PROVISIONS.

AUTHORIZED REPRESENIAT1VE

Answers - AZROC <[email redacted]>

Complaint response message

Ernesto Larios <[email redacted]> Wed, May 22, 2024 at 9:43 AM To: [email redacted]

At this time I am not admitting guilt and I'm actively looking to secure counsel for this matter.

https://mail.google.com/mail/b/AEoRXRTkqvWOYiEMXJR1RjixunR7CysbcYlsRO8uBKx2gkw3hQcw/u/0/?ik=581c53cf5c&view=pt&search=all&permth… 1/1 5/22/24, 11:11 AM State of Arizona Mail - Complaint 2023-12876

Answers - AZROC <[email redacted]>

Complaint 2023-12876 message

Ernesto Larios <[email redacted]> Wed, May 22, 2024 at 10:25 AM To: [email redacted], "[email redacted]" <[email redacted]>

This is Tapatillo plastering llc responding to the complaint 2023-12876

I'm not admitting guilt to the citation at hand I'm also seeking counsel for the matter

https://mail.google.com/mail/b/AEoRXRTkqvWOYiEMXJR1RjixunR7CysbcYlsRO8uBKx2gkw3hQcw/u/0/?ik=581c53cf5c&view=pt&search=all&permth… 1/1 Mediation Notice

Mediation Services Mediation services are available to the parties. What is Mediation? Mediation is a method of resolving disputes where the parties can end conflict without the expense and time associated with the full administrative process. Who Participates in During mediation, a mediator will attempt to help the Mediation? parties find an optimal solution to the conflict. Both parties must agree to participate in mediation, and both parties must bring a representative to mediation that has full authority to settle the entire matter. Mediation Is Not Neither the Registrar nor the Office of Administrative Mandatory Hearings will penalize a party for not agreeing to mediation. Where do the Parties The parties will meet at the Office of Administrative Meet for Mediation? Hearings to participate in mediation.

The Office of Administrative Hearings is located at 1400 West Washington, Suite 101, Phoenix, Arizona 85007. When does Mediation can occur after the Registrar issues a citation, but Mediation Occur? before the administrative hearing. Why Should Parties Mediation can be an alternative to the full administrative Consider Mediation? process. Mediation is beneficial because it is (1) time- efficient, (2) cost-effective, (3) confidential, and (4) capable of providing flexible solutions to complex problems. How to Request If the parties wish to mediate this case, they must file a Joint Mediation Request for Mediation with the Office of Administrative Hearings. A Joint Request for Mediation is included with this Mediation Notice. REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA _________________________ Case No. _______________ COMPLAINANT,

v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.

REQUEST

The parties jointly request that this matter be referred to mediation in the Office of Administrative Hearings (OAH). ☐ This matter is set for hearing on __________________(date). ☐ This matter is not currently set for hearing. MEDIATION AGREEMENT By requesting this mediation and signing below, the parties understand, represent, and agree: 1. The parties are prepared to commence mediation and will be ready for mediation on _____________________(date); 2. The parties will participate in the mediation process in good faith; 3. This request for mediation is not intended to hinder or delay administrative proceedings; 4. No party will contend that the mediation limits the power of OAH and its administrative law judges to conduct an administrative hearing and issue decisions under A.R.S. §§ 41-1092 – 1092.12; 5. The parties will be courteous and respectful throughout the mediation process to all participants; 6. The mediation is completely voluntary and the principal purpose is to allow the parties a full and fair opportunity to discuss settlement; of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 7. The mediator may conduct joint and separate meetings with the parties and may suggest resolutions to the parties’ dispute, but the mediator has no authority to impose a settlement upon the parties; 8. The mediation process is confidential. Communications made, material created for or used during, and acts occurring during mediation are confidential and may not be discovered or admitted into evidence in any proceeding except as provided by A.R.S. § 12-2238; 9. The mediator is not subject to service of process or a subpoena to produce evidence or to testify regarding any evidence or occurrence relating to the mediation except as provided in A.R.S. § 12-2238(C); 10. Neither the mediator, nor the Registrar of Contractors, nor the Office of Administrative Hearings is subject to civil liability for any act or omission in connection with any mediation service or activity except for acts involving

intentional misconduct or reckless disregard of a substantial risk of injury to the rights of others; 11. Throughout the mediation process, each party must have a representative present who will have full settlement authority to settle all claims at issue in the administrative

proceeding. 12. The mediation process will terminate when: a. The parties reach settlement; b. The mediator determines that further efforts at mediation are no longer likely

to achieve a settlement; or c. One of the parties withdraws from mediation. _____________________________________ _______________________ Complainant (or representative) Date

_____________________________________ _______________________ Respondent (or representative) Date

of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 PREHEARING DISCLOSURE STATEMENT INSTRUCTIONS ***DO NOT SUBMIT THESE INSTRUCTIONS WITH THE PREHEARING DISCLOSURE FORM***

ADMINISTRATIVE RULES A copy of the Arizona Administrative Code’s Rules for the Registrar of Contractors can be located on the Registrar’s Website.

PREHEARING DISCLOSURE REQUIREMENT Under A.A.C. R4-9-118(A), before a hearing, the parties must prepare a disclosure statement. The disclosure statement must contain: • A list of all the witnesses the party will call to testify, including the witnesses’ contact information and a brief description of the subject matter of the witnesses’ expected testimony; and • A list of all the exhibits that the party will use at the hearing.

FILE PREHEARING DISCLOSURE STATEMENTS • The Prehearing Disclosure Statements and Exhibits may be submitted to the Arizona Office of Administrative Hearings using any of the following: • Electronically: https://portal.azoah.com/submission/ • In-Person or by Mail: 1740 West Adams Street, Lower Level, Phoenix, Arizona 85007

EXCHANGING DISCLOSURE STATEMENTS AND EXHIBITS Under A.A.C. R4-9-118(B) (effective November 5, 2017), a party to the hearing must serve on every other party and file with the Office of Administrative Hearings a copy of: • The disclosure statement; and, • Any exhibit that the party will use at the hearing. Service: The disclosure statement and exhibits must be served on all parties in accordance with Arizona Administrative Code R2-19-108 Filing Documents. Under A.A.C. R2-19-108, service is completed by: • Personal delivery; • 1st class, certified or express mail; or • Facsimile. Timing: The disclosure statement and the exhibits must be served and filed not less than seven calendar days before the date of the hearing. Under A.A.C. R2-19-108, a document is served on a party: • On the date it is personally served; • Five days after it is mailed by express or 1st class mail; • On the date of the return receipt if it is mailed by certified mail; or • On the date indicated on the facsimile transmission.

CONSEQUENCES FOR FAILING TO DISCLOSE Under A.A.C. R4-9-108(C), if a witness or an exhibit is not timely disclosed as required the rules, and good cause for the failure to disclose is not shown, then the administrative law judge may: • Order that certain witnesses or exhibits not be used at the hearing; • Order that a particular fact is or is not established for the record; or, • Order that a charge, a defense, a claim, or some portion thereof, be dismissed.

Form RC-L-800A Prehearing Disclosure Statement Rev. 10/08/2019 Instructions Form PREHEARING DISCLOSURE STATEMENT FORM RC-L-800A

PART 1: WITNESS LIST DOCKET NO. Under A.A.C. R4-9-118(A), before a hearing, a party must prepare a disclosure statement containing a list of all the witnesses the party will call to testify, including the witnesses’ contact information and a brief description of the subject matter of the witnesses’ expected testimony. If you need additional space to list all witnesses, complete and attach additional Witness Lists. Example 1. Name 2. Telephone Number 3. Email Address

John Doe (123) 456-7890 [email redacted] 4. Subject Matter of Expected Testimony

John Doe will testify regarding the poor workmanship and poor installation of the Garage Door. Mr. Doe will also testify regarding the invoices and change orders for the project.

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 1 of 3 PART 2: EXHIBIT LIST DOCKET NO. Under A.A.C. R4-9-118(A), before a hearing, a party must prepare a disclosure statement containing a list of all the exhibits that the party will use at the hearing. Note: All exhibits listed below must be provided to all parties to the hearing. See A.A.C. R4-9-118(B). If you need additional space to list all witnesses, complete and attach additional Exhibit Lists. Example Contract for new garage door. Invoice #10001 – Cost for garage door replacement.

Exhibit Exhibit Name

Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 2 of 3 PART 3: ACKNOWLEDGEMENT & SIGNATURE I certify that the above information is true and correct and that I will serve a copy of this disclosure statement and any exhibits listed in Part 2 to all parties to the hearing in accordance with A.A.C. R4-9-118. I acknowledge and understand that if I fail to properly disclose a witness or exhibit, the administrative law judge may: • Order that certain witnesses or exhibits not be used at the hearing; • Order that a particular fact is or is not established for the record; or, • Order that a charge, a defense, a claim, or some portion thereof, be dismissed.

I am the (check one):  Complainant  Respondent Docket No.

Print Name Signature Date

Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 3 of 3