2023A-12920-CHC-ROC Notice of Hearing and Packet MAILED

2023A-12920-CHC-ROC · Registrar of Contractors · 2024-01-29

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Larry J Whitesell , Case No. 2023-12920 COMPLAINANT, Docket No. 2023A-12920-CHC-ROC v. NOTICE OF HEARING ON CONTESTED CASE Bjelde Construction LLC License No. ROC 260364,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

March 11, 2024 1:00 PM Jenna Clark Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

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

You must attend this hearing. This is an adversarial hearing before an administrative

law judge, and is conducted in a similar manner as judicial proceedings. Thus, you must be

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

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

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

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

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

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

complaint and citation, which were served on the Respondent on December 29, 2023. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED The complaint and citation allege that the Respondent committed the following act(s): Charge: 1 A.R.S. § 32-1154(A)(1)

Charge: 2 A.R.S. § 32-1154(A)(3) - R4-9-108(a)

Charge: 3 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 January 29, 2024.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail January 29, 2024 to: Respondent(s) Bjelde Construction LLC PO Box 50962 Mesa, AZ 85208

Complainant(s) Larry J Whitesell 7120 N 20th St Phoenix, AZ 85020

Copy sent electronically this same date to: Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar

Case No. 2023-12920 /

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: Larry J Whitesell 7120 N 20th St Phoenix, AZ 85020

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: Bjelde Construction LLC 415 S 48th St Suite 111 Tempe, AZ 85281

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 November 13, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-12920

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for December 4, 2023 at 10:30 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, Robert Di Alto Robert Di Alto Investigator 602 7716758 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Complaint #2023-12920 P 1 JSI date 12/04/2023 at 10:30 AM JSI PHOTOS Complaint #2023-12920 P 2 JSI date 12/04/2023 at 10:30 AM JSI PHOTOS Complaint #2023-12920 P 3 JSI date 12/04/2023 at 10:30 AM JSI PHOTOS Complaint #2023-12920 P 4 JSI date 12/04/2023 at 10:30 AM JSI PHOTOS Complaint #2023-12920 P 5 JSI date 12/04/2023 at 10:30 AM JSI PHOTOS Complainant: Larry J Whitesell 7120 N 20th St Phoenix, AZ 85020

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: Bjelde Construction LLC 415 S 48th St Ste 111 Tempe, AZ 85281

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 5, 2023

License No. ROC 260364

Re:Complaint No. 2023-12920

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 12/22/2023.

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

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

Complaint Item: 1- Electrical service panel upgrade was approved by APS and permit issued by the City of Phoenix. The upgrade has not been. Half of the estimated cost of the upgrade was paid to Bjelde Electric.; Investigator’s Observation: Verified. The main service panel upgrade has not been completed at the time of this inspection. The Complainant provide a copy of the signed contract dated 08/16/2022 that included the complaint item in the scope of work to be performed. Respondent shall complete project per original contract agreement, properly executed change orders, verbal agreements, local building codes and manufacturers installation instructions. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards. This means the license is suspended for lack of qualifying party, lack of bond, nonrenewal, Recovery Fund payout, or for any reason listed in A.R.S. § 32-1124(F). 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complaint Item: 2- Contractor was paid a deposit to draw the architectural and engineering plans. They were submitted to the City of Phoenix. Planning and Development returned the plans for corrections in April, 2023. The plans have not been resubmitted.; Investigator’s Observation: Verified. The Complainant stated that no work has been performed on the project and that building permits have not been approved and issued as of the time of this inspection. Respondent shall complete project per original contract agreement, properly executed change orders, verbal agreements, local building codes and manufacturers installation instructions. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

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

Complaint Item: 3- Several phone calls were made and emails sent to the office contact, Robyn Haskey. There has been no reply. I have since seen first hand that offices at 2 different address as vacant.; Investigator’s Observation: The complaint item does not allege a workmanship issue that the Registrar can evaluate. No further action required by Respondent. Governing Rule: N/A

Complaint Item: 4- Texts and phone calls were made to Ed Scheidell. He actually responded by text as recently as October 25, 2023, in which he said he would call me back. He has not followed-up. Investigator’s Observation: The complaint item does not allege a workmanship issue that the Registrar can evaluate. No further action required by Respondent. Governing Rule: N/A

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

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

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

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

Case No.: 2023-12920 Investigator: Robert Di Alto Inspection Date: December 4, 2023 Inspection Time: 10:30 AM

Complainant: Larry J Whitesell Respondent: Bjelde Construction Not Present: LLC Not Present:

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

Complaint Item: 2- Contractor was paid a deposit to draw the architectural and engineering plans. They were submitted to the City of Phoenix. Planning and Development returned the plans for corrections in April, 2023. The plans have not been resubmitted.; Investigator’s Observation: Verified. The Complainant stated that no work has been performed on the project and that building permits have not been approved and issued as of the time of this inspection. Respondent shall complete project per original contract agreement, properly executed change orders, verbal agreements, local building codes and manufacturers installation instructions. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

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

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

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

12/6/23, 8:07 AM State of Arizona Mail - Complaint#2023-11803 Written Directive

Robert Di Alto <[email redacted]>

Complaint#2023-11803 Written Directive Rick Maddox <[email redacted]> Tue, Dec 5, 2023 at 5:30 PM To: Robert Di Alto <[email redacted]>

Thank you for these next steps Mr. Di Alto. I am not sure what to do here due to my business is bankrupt and the AZROC specifically forbids me from work or contacting any sub contractors to finalize work at this project, due to the length that the complainant took to make the multiple round of selections and my license is now inactive and has a 10 day suspension.

Rick Maddox Design Build Specialist / Owner Silver Construction Co. – Arizona’s Premier Renovation Specialist

image002.png

4400 North Scottsdale Road Suite:9-169 Scottsdale, Arizona 85251 Mobile: (480) 647-2033 Web: Silver Construction Co. image003.png

On Dec 5, 2023, at 4:01 PM, Robert Di Alto <[email redacted]> wrote:

[Quoted text hidden] <20231205 C009 Written Directive 2023-11803.pdf>

https://mail.google.com/mail/u/0/?ik=129aee39bd&view=pt&search=all&permmsgid=msg-f:[number redacted]&simpl=msg-f:[number redacted]… 1/1 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Larry J Whitesell, Case No. 2023-12920 COMPLAINANT, v. Bjelde Construction LLC CITATION License No. ROC 260364,

RESPONDENT.

The Registrar issues this Citation to Bjelde Construction LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by January 13, 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 8, 2023, Larry J Whitesell (“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)(1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Charge 2: A.R.S. § 32-1154(A)(3) - R4-9-108(a) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. Charge 3: 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. 2023-12920. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways:

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted]

The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday.

If Respondent submits a written answer by mail, it is not filed with the Registrar until the

Registrar actually receives it.

Deadline for Filing a Written Answer: Respondent must file a written answer with the

Registrar no later than January 13, 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.

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a 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

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated December 29, 2023. By: /s/ Mary Coyne Mary Coyne, CP Paralegal Manager Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, December 29, 2023 to: [number redacted]

Respondent Certified Mail No: [number redacted]

Bjelde Construction LLC PO Box 50962 Mesa, AZ 85208 Copy mailed by USPS First Class mail this same date to:

Bjelde Construction LLC PO Box 50962 Mesa, AZ 85208 Bjelde Construction LLC 415 S 48th St Ste 111 Tempe, AZ 85281

Complainant Larry J Whitesell 7120 N 20th St Phoenix, AZ 85020

Copy sent electronically this same date to:

Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar Case No. 2023-12920 / MTH

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees 2023-12920

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

Larry J Whitesell Mailing Address (Enter jobsite in Contract/Project section) City State Zip

7120 N 20th St Phoenix Arizona 85020 Phone Number Email

[number redacted] [email redacted] I consent to receive communications electronically in connection with this case Name of Attorney (if any)

Street Address of Attorney City State Zip

Phone Number of Attorney Email of Attorney

Contractor Information Name (as shown on contract/invoice) ROC License Number(s)

Bjelde Construction LLC ROC 260364 Street Address City State Zip

415 S 48th St Ste 111 Tempe AZ 85281 Phone Number Email

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

Ed Scheidell;Robyn Haskey;Jim - Sales Rep Contract/Project Information Contract Date Contract Amount Amount Paid

August 17, 2022 $113,798.00 $34,439.60 Date Work Started Date Work Stopped Date Work Was Completed

September 6, 2022 April 11, 2023 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

7120 N 20th St Phoenix AZ 85020 Name of Construction Site Owner Construction Site Name (if applicable)

Larry J Whitesell Whitesell Residence Phone Number of Construction Site Owner Email of Construction Site Owner

[number redacted] [email redacted] This complaint is for Abandonment I have contacted the contractor by Phone/Text;Email Have you filed a complaint in court? No

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

Has any work been corrected? No

The contract was Written All change orders were Written This project was Residential This project involved Other Design and build casita. Electric service panel upgrade. A building permit was obtained by N/A List and briefly describe each complaint item (Please do not write "see attached" or use additional pages unless necessary to further describe issues or list more complaint items) (limited to 100 characters per line)

Electrical service panel upgrade was approved by APS and permit issued by the City of Phoenix. The upgrade has not been. Half of the estimated cost of the upgrade was paid to Bjelde Electric.; Contractor was paid a deposit to draw the architectural and engineering plans. They were submitted to the City of Phoenix. Planning and Development returned the plans for corrections in April, 2023. The plans have not been resubmitted.; Several phone calls were made and emails sent to the office contact, Robyn Haskey. There has been no reply. I have since seen first hand that offices at 2 different address as vacant.; Texts and phone calls were made to Ed Scheidell. He actually responded by text as recently as October 25, 2023, in which he said he would call me back. He has not followed-up.

Signature I declare under penalty of perjury that the information and documents contained on this Complaint Form, included with this complaint, or hereafter submitted in support of this complaint are true and accurate to the best of my knowledge. I will assist in the investigation or in the prosecution of the contractor or other parties, and will, if necessary, attend hearings and testify to facts. Printed Name Signature Date

Larry J Whitesell \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2

BJELDE CONSTRUCTION, LLC 415 S. 48th St. Suite 111 Tempe Az 85281 Office/Fax: (480) 288-7512 Email: [email redacted] Licensed • Bonded • Insured • ROC# 260364 Proposal/Contract Date: 8-16-22 Job # 22618 Client Phone: 602-370-8453 Client Email: [email redacted]

BJELDE Construction, LLC. (hereinafter referred to as Contractor) hereby agrees to sell and Larry Whitesell, hereinafter referred to as Buyer, of 7120 N. 20th St., Phoenix, Arizona 85020, hereby agrees to purchase from the Contractor the following described goods and services:

All work will be completed to building plan specifications and adhere to local building code requirements.

Scope of Work to Complete a 22’8”’x16’ Detached Casita:

1. Excavate area and complete all lawn sprinkler system modifications as needed. 2. Trench from sewer line and water sources on rear of home and install all underground plumbing and sewer lines to casita. 3. Trench from electrical source and install underground electrical line in conduit to casita. 4. Dig footings to code around perimeter of casita. 5. Haul in additional fill dirt as needed and compact as needed. 6. Form and pour reinforced footings and slab 22’8”x16’’. 7. Form and pour an 8’x4’ reinforced slab at entry to casita. 8. Complete all rough grading and slope terrain from casita. 9. Frame exterior walls of casita with 2’x4” lumber per plans. Note: Ceiling height to be 8’ on South wall and 10’ on North wall. Install headers for door and windows. 10. Frame interior walls of casita per plans with 2”x4” lumber. 11. Install roof joists for a single slope roof design. 12. Install fascia boards. 13. Intall ½” sheathing on all walls and roof. 14. Install seven vinyl framed windows with high performance Low-E glass with frame color to match home. 15. Install one 6’x6’8” French door and hardware. Door and hardware allowance: $1,000.00 16. Install roof edging, felt and peel and stick roof system. 17. Install stucco system to match home texture. 18. Apply quality paint and primer to all exterior walls and overhangs. 19. Complete all rough plumbing to code per plans. 20. Install plumbing and drain box for washing machine. Install dryer vent. 21. Install 100 amp sub panel and complete all rough electrical to code per plans. 22. Install a three zone mini split for HVAC. Air handlers to be ceiling mount. 23. Install an electric tankless hot water system. 24. Install spray foam insulation on exterior walls. Install R-38 batt insulation in ceiling. 25. Install ½” drywall on all walls and ceilings of casita. Finish and texture all. 26. Install a 3’0”x6’8” pocket door to bathroom. Install a 5’ wide sliding closet door. 27. Install closet shelf and hanging rod. 28. Install Luxury Vinyl Plank flooring throughout casita. LVP allowance: $3.00 per sq. ft. 29. Install baseboard and door trim throughout casita. 30. Apply quality primer and paint to all interior walls, ceilings, doors and trim work of casita.

31. Finish electric: Install 4 LED recessed can lights where needed, install 12 receptacles in casita (includes outlets for appliances), install one ceiling fan/light: fan allowance $200.00 each, install two exterior light fixtures on each side of door: allowance $100.00 each, install one light fixture in bathroom: fixture allowance: $150.00. 32. Install an 8’ length by 6’ projection aluminum patio cover above door area. 33. Daily clean up and haul away all debris.

Kitchenette:

1. Install kitchen cabinets per renderings. 2. Fabricate and install new quartz countertop with a 4” backsplash. Slab allowance: $800.00 (one slab will complete kitchen and bathroom) 3. Install a 30” stainlesss steel undermount sink. Sink allowance: $250.00 4. Install new kitchen faucet. Faucet allowance: $200.00 5. Install new cabinet door and drawer pulls. Pull allowance: $6.00 each

Bathroom 5’6”x9’ (Handicap Compliant):

1. Install an exhaust fan in ceiling. 2. Install a 42” floating vanity per renderings. 3. Fabricate and install quartz countertop with a 4” backsplash. 4. Install a porcelain undermount sink. 5. Install electric mirror provided by homeowner. Outlet behind mirror included above. 6. Install an in wall medicine cabinet. 7. Install new comfort height toilet and lid. Toilet allowance: $300.00 8. Install a 36”x60” acrylic shower insert. 9. Install new shower fixture. Fixture allowance: $400.00 10. Install a 24” grab bar in shower. 11. Install towel bars and accessories.

Note: Portable toilet provided by Bjelde Construction.

Note: 400 amp electrical panel upgrade to be contracted by Bjelde Electric ($7,200.00.

Total contract amount $106,598.00 25% Due upon signing $27,000.00

25% Due upon starting $27,000.00

25% Due progress payment $27,000.00

15% Due progress $16,000.00 7% Due pre punch list $7.000.00 2% Balance due upon completion $2,598.00

BUYER’S RIGHT TO CANCEL If this agreement was solicited at your residence and you do not want to goods or services you may cancel this agreement by mailing a notice to the Contractor. The notice must say that you do not want the goods or services and must be mailed before midnight on the third business day after the date of the transaction.

This contract is subject to all the terms and conditions set forth on the reverse side. Buyer acknowledges receipt of a completed copy of this contract, including NOTICE OF CANCELLATION form.

Signed this _16 day of August, 2022 You, the Buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. witness See the attached notice of cancellation form for an explanation of this right. Accepted by the Contractor: Larry J Whitesell _2022 10:31 PDT) Larry J Whitesell (Aug 16, BJELDE CONSTRUCTION, LLC Signature of Buyer By Signature of Buyer

ADDITIONAL TERMS AND PROVISIONS OF CONTRACT

1. Contractor shall not be liable for delays caused by strikes, weather conditions, or delay in obtaining materials or causes beyond its control.

2. If there is more than one Buyer, they shall be jointly and severely liable hereon. This Contract shall bind Contractor and Buyer, their respective heirs, personal representative, successors and assigns.

3. This written Contract is the only and entire Contract covering the subject matter hereof. No person is authorized to vary or alter the terms and conditions of this contract. Buyer shall be solely responsible for providing verification of cash payments upon the request of Contractor.

4. After the expiration of the time of the BUYER’S RIGHT TO CANCEL, stated elsewhere in this Contract, if the Contract is cancelled by the Buyer, Buyer shall pay to Contractor, as liquidated damages and not as penalty, twenty-five (25%) of the Contract price at the sole option of the Contractor. Contractor may elect instead to pursue legal action to collect the entire amount of the purchase price stated in the contract.

5. Contractor shall have the right to transfer this contract to anyone of the Contractor’s choice. If the Contractor should do so, Buyer’s obligations to such Transferee or Holder will continue in full force.

6. If any provisions of this Contract are held invalid or unenforceable for any reason, no other provision shall be affected, and this Contract shall be construed as if such invalid or unenforceable provision had never been contained herein.

7. Work to be performed by a Licensed Contractor.

8. Estimated time of completion after start date is: three to four months

a. Covid Clause – During the Pandemic and the aftermath of the Pandemic our estimated time of completion may be adjusted by a change order, due to the labor and material shortages.

9. Payments can be accepted by Visa, Mastercard or Discover with an added convenience fee of 2.8%. Payments by American Express can be accepted with an added convenience fee of 2.8% plus the additional American Express fee. No exceptions.

10. Job prices are contingent upon continuous work, barring any act of God or delay by vendors subcontracted by this general contractor. Any customer requested delay will incur additional charges in the amount of $250/day until work is resumed. Failure to pay draws as contracted, may be deemed a customer delay resulting in additional charges.

11. Allowances may or may not be a part of this contract. Allowances function such that the stated dollar amount is the amount factored into the contract. If the Buyer does not utilize the full amount of the allowance, the difference will be refunded to the Buyer along with applicable taxes and markup. If the Buyer utilizes more than the allowance amount, the overage will be billed to the Buyer along with applicable taxes and markup.

12. Escalation Clause in the even of significant delay or price increase of material, equipment, energy, or labor force occurring during the performance of the contract through no fault of the contractor, the contract sum, time of completion, or contract requirements shall be equitably adjusted by change order in accordance with the procedures of the contract documents. A change in price of an item of material, equipment, or energy will be considered significant when the price of an item increases 20% between the date of this contract and the date of installation. The amount of the increase shall be capped at five percent (5%) of the original budgeted price for the item.

The Property Owner has the right to file a written complaint with the registar for alleged violation of section 32-1152, subsection A; phone number 602-542-1525; website of https://roc.az.gov/

NOTICE OF LIMITED WARRANTY Contractor warrants that the materials used are of a quality specified and Buyer(s) acknowledges that all of the manufacturer’s written warranties guaranteed have been orally disclosed to the prior to entering into this contract and which Buyer(s) further acknowledge Contractor’s representative has displayed to them or offered to display to them prior to execution of this contract. Contractor further warrants labor for one year after date of substantial completion. Buyer’s exclusive remedy shall be the repair of any defects in labor and as a condition precedent Buyer(s) must notify Contractor in writing at Contractor’s address of any claimed defect. Contractor makes no express warranties not set forth in writing herein and does not make any warranties as to the materials by the manufacturer.

NOTICE Any holder of this consumer contract is subject to all claims and defenses which could assert against the Contractor of goods or services obtained with the proceeds hereof. Recovery hereunder by the debtor shall not exceed amounts paid by the Debtor hereunder.

NOTICE OF CANCELLATION Date of transaction _Aug 16, 2022

You may cancel this transaction, without any penalty or obligation, within 3 business days from the above date.

If you cancel, any property traded in, any payments made by you under the contract of sale, and any negotiable instrument executed buy you will be returned within 10 business days following receipt by the Contractor of your cancelation notice, and any security interest arising out of the transaction will be cancelled. If you cancel, you must make available to Contractor at your residence, in substantially as good condition as when you received, any goods delivered to under this contract or sale or you may, if you wish, comply with the instructions of the Contractor regarding the return shipment of goods at the Contractor’s expense and risk.

If you do not make the goods available to the Contractor and the Contractor does not pick them up within 20 days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make goods available to the Contractor, or if you agree to return the goods to the Contractor and fail to do so, then you remain liable for performances of all obligations under contract.

To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice or any other written notice to BJELDE CONSTRUCTION, LLC, P.O. Box 50962, Mesa, AZ 85208, no later than midnight (Date)

I hereby cancel this transaction

Date Buyer’s Signature Bjelde Construction 415 S 48th Street, Suite 111, tempe, AZ 85281

(480)288-7512

Invoice To: Larry Whitesell Invoice Number: 201808 Invoice Date: Mar 06, 2023 Payment Due: Mar 06, 2023

0.00 USD

 Hide invoice details

LNB Invoice 1 × 1,824.20 USD

Subtotal 1,824.20 USD

TOTAL 1,824.20 USD

DESCRIPTION:

Hi Larry, Here's that invoice link you've created. I've let Ed know to upload the plans to your Builder Trend files for you to review. He's currently on lunch, but I'll make sure he has that done today. PAYMENTS:

Date Amount (USD) Transaction ID

Mar 6, 2023 1,824.20 [number redacted] Printed: Mar 2, 2023 415 S. 48th St. Suite 111, Tempe, AZ 85281 Phone: [number redacted] ROC#260364

Owner Invoice

Job Information Whitesell, Larry 7120 North 20th Street, Phoenix, Az 85020

Invoice Title: Design Development 102022

Invoice ID: 22-0044-0001

Invoice Amount: $3,839.60 Partially Paid Amount Paid: $2,015.40 Last Payment Date: Oct 24, 2022

Payment Details

Date Payment Method Status Amount

Oct 24, 2022 Online Payment Complete $2,015.40

Total Paid: $2,015.40

Items Cost Types Description Qty/Unit Unit Cost Price

Actively working on 1.00 $3,000.00 $3,000.00 Development of Design Retainer

Retainer paid 1.00 -$3,000.00 -$3,000.00 Retainer

Billing as of 10/20/22 0.00 - - --

Existing Dimensions Labor Verifying existing residents dimensions 3.00 hr $90.00 $270.00 Verification against county, for accurate base plans. 1110 - Blueprints

Schematic Design - Labor 29.09 hr $60.00 $1,745.40 AutoCAD Drawings and Design 1110 - Blueprints

Amount billed against your Per the contract, the retainer is applied to 0.00 - - retainer to date is $2015.40 the final billing amount. The amount due at -- this time is $2,015.40

Construction Documents Labor 19.57 hr $60.00 $1,174.20 1110 - Blueprints Items Cost Types Description Qty/Unit Unit Cost Price

Structural Engineering Subcontractor 1.00 $650.00 $650.00 Engineering Fee

Billing as of 03/01/23 1.00 - - --

Description of Invoice

Please call the office if you have any questions or concerns.

You have several options towards payment.

1. Call the office at (480)288-7512 to make a card payment over the phone. 2. You may follow the QR code link provided by Builder Trend to settle payment. 3. You may also wire a payment through the Bjelde Wiring instructions attatched to this invoice.

Deadline Date: Balance Due: $1,824.20

Custom Fields

Created Date: Oct 20, 2022

Last Invoice Date: Mar 2, 2023 Receipt from Bjelde Electric

Bjelde Electric <[email redacted]> 9/22/2022 8:17 AM  To [email redacted]

Your receipt from Bjelde Electric 

Invoice Number: 370 Service Date:

Customer Name: Larry Whitesell Service Address: 7120 N 20th St Phoenix, AZ 85020

Services qty unit price amount 200 to 400 AMP Panel 1.0 $7,200.00 $7,200.00 SCOPE OF WORK

1) Upgrade Panel, Swap 200 amp with 400 amp ALL_IN_ONE with main breaker 2) Includes 2nd 200 amp panel NEMI 3 with main breaker 3) Includes new bonding on water 4) Includes new bonding on gas ( If there is gas ) 5) Includes New breaker package for new 400 amp SES 6) Includes (1) line drawing 7) Includes permit cost ( as long as when submitted and paid for: it does not reach expiration date provided on permit.)

Tax added when invoiced for down payment Down payment will secure panel until electrical is ready, Time frame is based around the city and permitting, and utilities disconnect scheduling. Work order will be started once down payment is received.

Subtotal $7,200.00

Phoenix $619.20 Feedback

Amount Paid $3,600.00 Payment Method September 16, 2022

Larry **2880 x0400 12:32pm $27,000 Building Contract 1st payment

$ 3,000 Architect Design

$30,000 $27,000 Building Contract 1st payment

$ 3,000 Architect Design

$30,000 Received 1/11/2024 ROC Legal

1-10-2024 To AZROC Attention: “Written Answer to Citation and Complaint” Case N. 2023-12920 FROM: Lyle Nils Bjelde Bjelde Construction, LLC.

To whom it may concern,

It is my understanding that the Complainants decided, and then requested to stop the plan review process. No permit has been issued nor any construction has been done per the construction contract, at this point in time. I believe that a note in the construction contract states that an Electrical contract from Bjelde Electric LLC. was to be written for a panel change out. I have not seen that document. I was told that the complainant is still interested in only the electrical panel upgrade, unfortunately, at this time, we have run into some work- related hardships and now having a revoked license, and the electrical company dissolved, we cannot perform the works requested.

Thanks Lyle Nils Bjelde Bjelde Construction, LLC Received 1/12/24, 9:13 AM State of Arizona Mail - Whitesell Response 2023-12920 1/11/2024 ROC Legal

Answers - AZROC <[email redacted]>

Whitesell Response 2023-12920 message

Nils Bjelde <[email redacted]> Thu, Jan 11, 2024 at 8:34 PM To: "[email redacted]" <[email redacted]> Cc: Nils Bjelde <[email redacted]>, Ed Scheidell <[email redacted]>

To whom it may concern.

Thanks, Nils Bjelde

Whitesell Response 2023-12920.docx 33K

https://mail.google.com/mail/b/AEoRXRSMXjw81ppQ79th8paaK8p7r0LbfnUl5Ld94r2cbmdTdlEH/u/0/?ik=581c53cf5c&view=pt&search=all&permthid=… 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