2023A-12972-CHC-ROC Notice of Hearing and Packet MAILED

2023A-12972-CHC-ROC · Registrar of Contractors · 2024-02-09

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

West Monnett , Case No. 2023-12972 COMPLAINANT, Docket No. 2023A-12972-CHC-ROC v. NOTICE OF HEARING ON CONTESTED CASE AP Fiberglass Pools & Consulting LLC License No. ROC 323411,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

March 22, 2024 1:00 PM Velva Moses-Thompson 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 January 5, 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)(1)

Charge: 2 A.R.S. § 32-1154(A)(12) - A.R.S. § 32-1158.01

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 February 5, 2024.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail February 5, 2024 to: Respondent(s) AP Fiberglass Pools & Consulting LLC PO Box 12157 Scottsdale, AZ 85267

Complainant(s) West Monnett 7961 W Pima Farms Rd Tucson, AZ 85743

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. 2023-12972 /

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

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

West Monnett Case No. 2023-12972 COMPLAINANT, v. AP Fiberglass Pools & Consulting LLC CITATION License No. ROC 323411,

RESPONDENT.

The Registrar issues this Citation to AP Fiberglass Pools & Consulting LLC

(“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by

January 20, 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 9, 2023, West Monnett (“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)(12) - A.R.S. § 32-1158.01 Failure in any material respect to comply with this chapter; Namely A.R.S. § 32-1158.01. 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. 2023-12972. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted]

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

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

Registrar actually receives it.

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

Registrar no later than January 20, 2024.

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 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 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

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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 Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated January 5, 2024. By: /s/ Madelyn Hayes Madelyn Hayes Legal Assistant II Legal Department Arizona Registrar of Contractors

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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 COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, January 5, 2024 to:

Respondent Certified Mail No: [number redacted]

AP Fiberglass Pools & Consulting LLC PO Box 12157 Scottsdale, AZ 85267 Copy mailed by USPS First Class mail this same date to: AP Fiberglass Pools & Consulting LLC PO Box 12157 Scottsdale, AZ 85267

Complainant West Monnett 7961 W Pima Farms Rd Tucson, AZ 85743

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. 2023-12972 / 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

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

West Monnett Mailing Address (Enter jobsite in Contract/Project section) City State Zip

7961 W Pima Farms Rd Tucson Arizona 85743 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)

AP Fiberglass Pools & Consulting LLC ROC 323411 Street Address City State Zip

PO Box 12157 Scottsdale AZ 85267 Phone Number Email

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

Adam Pawlak Contract/Project Information Contract Date Contract Amount Amount Paid

March 23, 2023 $96,590.00 $29,000.00 Date Work Started Date Work Stopped Date Work Was Completed

Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

7961 W Pima Farms Rd Tucson AZ 85473 Name of Construction Site Owner Construction Site Name (if applicable)

West Monnett Phone Number of Construction Site Owner Email of Construction Site Owner

[email redacted] This complaint is for Other I have contacted the contractor by Email Have you filed a complaint in court? No Has any work been corrected? No

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

The contract was Written All change orders were Written This project was Residential This project involved Other Fiberglass swimming pool purchase and install 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)

They required a down payment of $29,000.00. We did not realize at the time that this violates the law, and that they are only allowed to ask for %15 percent up front. (https://www.azleg.gov/ars/32/01158-01.htm) The whole payment schedule that we agreed to violates the same law. It asks for far more up front, and at different stages of the build, than is legally allowed. This law would provide us protection if they are unable to fulfill their end of the contract, so we don't have to pay for services not rendered, which looks like it will end up being the case. They recently sent us an email stating that the would need an additional $20,000.00 right now, which is not in our payment schedule, and then would have us paying over 50% of the contract price, without any services rendered. After reading recent online reviews for this company, it is clear that they have abandoned most of their projects and left people with incomplete pools, or no pools, even after taking their money. We will end up getting a layer to see if we can get our money, but at this time, we would like to see them in compliance with the legal payment schedule that limits the amount they are allowed to demand up front to %15, instead of the amount they are requesting.

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

West Monnett \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 Date: __________ 11/06/2023

PAYMENT SCHEDULE CHANGE ORDER

West Monnett Client Name: _____________________________________________________________________________________________ 7961 West Pima Farms Road, Tucson 85743 Client Address: ___________________________________________________________________________________________ Project Site Address If Different from Client Address: ____________________________________________________________ 626.592.4873 Client Phone Number: ____________________________________ [email redacted] Email: _________________________________________ 253.376.6474 Change Order Summary Notes: Payment schedule timeline adjustment due to reccent industry and vendor changes ____________________________________________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________________________________________ ___________________________________________________________________________________

Change Order Itemization: 1. $20,000.00 Payment Due Now to Maintain Current Shell Product Pricing: _____________

2. $20,000.00 Payment Due on Excavation Confirmation: _______________

3. Payment Due on Confirmation of Delivery/Set Date: _______________ $20,000.00 4. $7,590.00 Payment Due on Concrete Order Confirmation: _______________

*Payment methods accepted and timeline for processing time will vary by payment method, to allow for funds verification*

*Please see the following information*

WIRE Transfers – Need to be initiated no later than 1:00pm MST the day prior to the pool delivery, please send us a copy of the transaction receipt.

ACH Transfers – Need to be initiated no later than 3 days prior to the pool delivery, please send us a copy of the transaction receipt.

Checks of all forms (personal, business or cashiers) – Need to be provided no less than 10 days prior to pool delivery

**due to nationwide check fraud all checks are being subject to holds up to ten days at this time**

Cash payments – Need to be provided at least one hour prior to pool delivery, in order to provide client with a receipt simultaneously.

Client Signature: ______________________________ Date: ____________________

 AP Fiberglass Pools & Consulting, LLC requires all scope of work change orders to be signed & paid for prior to any additional work or materials furnished for the project as a change-order by definition is outside the original scope of contract and therefor separate from original payment schedule.  All change-orders are fully subject to the original contract’s advisories, guidelines, and parameters.  All scope of work change orders are due in full on receipt, unless otherwise outlined above.  Note: Scope of work change-orders and therefor any additional work requested can and, in most cases, will increase the project timeline.  All Payments are to be made to AP Fiberglass Pools & Consulting, LLC.

AP Fiberglass Pools & Consulting, LLC. P.O. Box 12157, Scottsdale, Arizona 85267 602.368.6223 / [email redacted] / azpools.net AZ ROC # 323411 / KA-5 Domestic WIRE Transfer Instructions

Domestic Wire Transfer Information:

Company Name: AP Fiberglass Pools & Consulting, LLC

Company Physical Address: 6407 East Clinton Street,

Scottsdale, Arizona 85254

Individuals on account: Adam Pawlak / Jenna Pawlak

[account number redacted]

Wire Routing Number / ABA: [number redacted]

Note/Memo: Please Include your last name and reason for

payment

Banking Institution: Bank of America

Branch Location: Paradise Valley / Tatum

Branch Address: 13008 North Tatum Boulevard, Phoenix,

Arizona 85032

Branch Phone Number: 602.569.4029

AP Fiberglass Pools & Consulting, LLC. P.O. Box 12157, Scottsdale, Arizona 85267 602.368.6223 / [email redacted] / www.azpools.net ROC # 323411 From: AP Fiberglass Pools & Consulting, LLC. [email redacted] Subject: AP Fiberglass Pools - Vendor Updates & Client Scheduling - Monnett Date: November 3, 2023 at 1:27 PM To: West Monnett [email redacted]

Hi West, As we move to the end of the year and need to make preemptive plans to get your projects on the open active schedule before the year's end, which includes ordering the excavation, scheduling cranes, materials and the pool delivery. We need to bring to light a few recent changes from our vendors and subcontractors. The pool manufacturer has recently changed their policies with their dealers and are now requiring the shells we order to be paid for in full prior to delivery. They are also delicately hinting that they will no longer be honoring prices previously ensured when a shell is pre- ordered so to plainly speak if the pool is not paid in full before the factory closes for the holidays the second week in December any pool delivered after New Years will incur 2024 prices regardless of when it was ordered. As of October, the prices for all Pentair and other brand name pool equipment have increased with our suppliers at a range of 5% to 15% depending on the product, however AP Fiberglass has committed to holding our original contract prices for our clients as a thank you for your business and patience during this year. We always do everything we can to ensure pricing security for our clients. We have also had changes occur with our excavation crew as well and they are now requiring a deposit for all digs scheduled. As the construction industry is constantly changing, we obviously must be flexible to continue to work with both our clients, vendors and subcontractors to ensure we meet everyone’s needs. We have come up with a simple solution to prevent unnecessary price increases being imposed on our clients as well as keeping our vendors and subcontractors secure and happy. The third draw of our client contracts will now be divided into three separate payments to accommodate clients, subcontractors, and vendors and still allow us to continue to move forward with all projects effectively and on time. I will send each client an individualized change order for this small adjustment outlining the broken down payments, and when they are now due. I will also schedule time with Adam to meet you on site to go over any details and get prepared to get started. Please let me know your availability. Please do not hesitate to reach out to me via email or phone for any follow up questions. I am always happy to help in any way that I can.

Respectfully, Jenna Pawlak Managing Partner

-- Thank you, AP Fiberglass Pools & Consulting, LLC. AZ ROC# 323411

Office: (602) 368 - 6223

[email redacted]

http://www.azpools.net/ Received 1/20/2024 ROC Legal

Jenna Pawlak E-mail: [email redacted] AP FIBERGLASS POOLS & CONSULTING, LLC PO Box 12157 Scottsdale, AZ 85267 Telephone: 602-368-6223 Respondents, pro se REGISTRAR OF CONTRACTORS OF STATE OF ARIZONA West Monnett, Case No.: 2023-12972 Complainant, RESPONDENTS WRITTEN ANSWER TO CITATION AND vs. COMPLAINT AP Fiberglass Pools & Consulting, LLC, License No.: ROC 323411,

Respondent(s). Respondent AP Fiberglass Pools & Consulting LLC (“AP Fiberglass”), submits its Answer to the Citation issued by the Registrar of Contractors (“ROC”) on January 5th, 2024. With respect to the allegations that AP Fiberglass violated A.R.S. § 32-1154(A)(1) and A.R.S. § 32-1154(A)(12) - A.R.S. § 32-1158.01, AP Fiberglass denies both allegations. The Respondent has attached communications with the complainant highlighting these open communications during the time that which the Complainant alleges to a violation of A.R.S. § 32-1154(A)(1) as well as communications from the complainant in what appears to be an attempt to extort the Respondent for what appears to be financial gain during this time as well. This client had similar behaviors during COVID-19 shutdowns originally and we offered to work with them and write them a new contract at a time of Received 1/20/2024 ROC Legal

their future choosing. At that time, they tried attempted to bully us into submission with

a threat of legal action when we offered them credit on a new contract. The Respondent

believes this shows a pattern of behavior that models their current behavior of

manipulation.

RESPECTFULLY SUBMITTED this 20th day of January, 2024.

AP FIBERGLASS POOLS & CONSULTING, LLC By: /s/ Jenna Pawlak Jenna Pawlak Managing Partner AP Fiberglass Pools & Consulting, LLC

PDF of the foregoing FILED this 20th day of January 2024, with: Legal Department Arizona Registrar of Contractors 1700 W. Washington Street, Suite 105 Phoenix, AZ 85007-2812 [email redacted] [email redacted] COPY emailed this same day to: Madelyn Hayes, Legal Assistant II Legal Department Arizona Registrar of Contractors 1700 W. Washington Street, Suite 105 Phoenix, AZ 85007-2812 [email redacted] COPY emailed/mailed to: West Monnett 7961 West Pima Farms Road

Received 1/20/2024 ROC Legal

Tucson, Arizona 85743 [email redacted] Complainant AP Fiberglass Pools & Consulting, LLC PO Box 12157 Scottsdale, AZ 85267 [email redacted] Respondent

Received 1/20/2024 ROC Legal AP Fiberglass Pools & Consulting, LLC. <[email redacted]>

Re: Our pool message

West Monnett <[email redacted]> Fri, Dec 1, 2023 at 2:25 PM To: "AP Fiberglass Pools & Consulting, LLC." <[email redacted]>

Thank you for finally responding. I’ve called, texted, and sent multiple emails. A simple response letting me know you will get back to me when you have more time would have gone a long way. As far as the allegations, If I have said anything that is incorrect, I’ll gladly retract whatever it is. We don’t have to meet up, as that seems unnecessary. You can respond to this email and tell me what has to happen for us to have our pool delivered. For us to purchase our pool directly from San Juan pools is $22,500 plus a 3-5k delivery fee. I know your price is less than that since you get dealer pricing. You have told us multiple times in the past that this was an option. You don’t deserve this, but if you are able to come through on this, I will remove my review. Honestly, trying to get that other 20k from us was way over the line.

West Monnett

> On Dec 1, 2023, at 1:24 PM, AP Fiberglass Pools & Consulting, LLC. <[email redacted]> wrote: > > Hey West > Not ignoring you just been very busy trying to close out the year. As to your alleged allegations about us you couldn’t be further from the truth and I’m more than willing to meet up and discuss possible options to moving this project forward one way or another. I have availability late next week if that works, and we will see if we can come to a mutual understanding that ensures the satisfaction of both parties. > > Thank you, > Adam Pawlak > AP Fiberglass Pools & Consulting, LLC. > > (602) 368-6223 > www.azpools.net > [email redacted] > >> On Nov 11, 2023, at 5:57 PM, West Monnett <[email redacted]> wrote: >> >> >> Please, please respond. If you recall, you told us before that we could cancel our contract with you, not get our money back, but get the pool delivered instead. This is the route we would like to take. If you could put our order in for the pool and then have it delivered to us then this is what we want. Please let me know what you need from us for this to happen. >> >> West Monnett Received 1/20/2024 ROC Legal AP Fiberglass Pools & Consulting, LLC. <[email redacted]>

Re: AP Fiberglass Pools - Vendor Updates & Client Scheduling - Monnett message

[email redacted] <[email redacted]> Mon, Nov 6, 2023 at 7:03 AM To: "AP Fiberglass Pools & Consulting, LLC." <[email redacted]>

Thanks, Jenna.

Outside of Thanksgiving week which we will be out of town for, we’re available to meet with Adam any time.

Meanwhile, we’ll watch out for your change order email.

Thank you,

West & Lennie Monnett (626) 592-4873 (253) 376-6474

Sent from my iPhone

On Nov 3, 2023, at 1:27 PM, AP Fiberglass Pools & Consulting, LLC. <[email redacted]> wrote:

Hi West, As we move to the end of the year and need to make preemptive plans to get your projects on the open active schedule before the year's end, which includes ordering the excavation, scheduling cranes, materials and the pool delivery. We need to bring to light a few recent changes from our vendors and subcontractors. The pool manufacturer has recently changed their policies with their dealers and are now requiring the shells we order to be paid for in full prior to delivery. They are also delicately hinting that they will no longer be honoring prices previously ensured when a shell is pre-ordered so to plainly speak if the pool is not paid in full before the factory closes for the holidays the second week in December any pool delivered after New Years will incur 2024 prices regardless of when it was ordered. As of October, the prices for all Pentair and other brand name pool equipment have increased with our suppliers at a range of 5% to 15% depending on the product, however AP Fiberglass has committed to holding our original contract prices for our clients as a thank you for your business and patience during this year. We always do everything we can to ensure pricing security for our clients. We have also had changes occur with our excavation crew as well and they are now requiring a deposit for all digs scheduled. As the construction industry is constantly changing, we obviously must be flexible to continue to work with both our clients, vendors and subcontractors to ensure we meet everyone’s needs. We have come up with a simple solution to prevent unnecessary price increases being imposed on our clients as well as keeping our vendors and subcontractors secure and happy. The third draw of our client contracts will now be divided into three separate payments to accommodate clients, subcontractors, and vendors and still allow us to continue to move forward with all projects effectively and on time. I will send each client an individualized change order for this small adjustment outlining the broken down payments, and when they are now due. I will also schedule time with Adam to meet you on site to go over any details and get prepared to get started. Please let me know your availability. Please do not hesitate to reach out to me via email or phone for any follow up questions. I am always happy to help in any way that I can.

Respectfully, Jenna Pawlak Managing Partner

-- Thank you,

AP Fiberglass Pools & Consulting, LLC. AZ ROC# 323411

Office: (602) 368 - 6223

[email redacted]

http://www.azpools.net/ Received 1/20/2024 ROC Legal AP Fiberglass Pools & Consulting, LLC. <[email redacted]>

Re: Following up message

AP Fiberglass Pools & Consulting, LLC. <[email redacted]> Tue, Mar 24, 2020 at 4:02 PM To: West Monnett <[email redacted]>

Hi West, Thank you for letting us know. I checked all of our emails and phones and I could not locate a previous correspondence in regard to this request, otherwise we definitely would have responded previously. We can put your place on the schedule as tentative however the pool order has already been submitted at this time. Generally when clients ask that they put their construction on hold we just ask that you keep in contact with us as your situation permits.

Thank you, Jenna Pawlak

AP Fiberglass Pools & Consulting, LLC ROC# 323411

Office: 602.368.6223 www.azpools.net [email redacted]

On Mar 24, 2020, at 2:43 PM, West Monnett <[email redacted]> wrote:

Hi Jenna,

Just wanted to check and see if you got my email regarding putting a hold on our purchase for now. Please let me know.

Thanks!

West Monnett Received 1/20/2024 ROC Legal AP Fiberglass Pools & Consulting, LLC. <[email redacted]>

Can we talk? message

West Monnett <[email redacted]> Fri, Mar 27, 2020 at 12:52 PM To: "AP Fiberglass Pools & Consulting, LLC." <[email redacted]>

So I’ve spoken with a law firm and gone over our contract with them, and according to that contract, they feel we have a strong legal case, and that legally you can’t hold on to the deposit. I don’t know if you’ve ever been sued before, but it’s really expensive and it super sucks. I don’t want to go down this route; it’s not fun for any of the parties involved. I have to believe there is a reason you are acting this way. We know it’s not because San Juan won’t allow us to back out. Maybe we can talk and come to some agreement. You can call anytime.

Thanks,

West 626-592-4873 Received 1/20/2024 ROC Legal AP Fiberglass Pools & Consulting, LLC. <[email redacted]>

Cooler heads, a couple quesitons message

West Monnett <[email redacted]> Sat, Mar 28, 2020 at 12:07 PM To: "AP Fiberglass Pools & Consulting, LLC." <[email redacted]>

Hi guys,

I’ve calmed a bit. We are not going to sue you as It’s not the right thing to do in this situation. I am sorry for going down that road. Hopefully you can see my perspective a bit. I’ll try to explain. When I first talked to Jenna about this and she insisted that the best way to proceed was to build the pool and then see what happens, I told her that it wasn’t in our best interest, and also told her that it sounded like you guys just weren’t willing to make a phone call to cancel the build. Maybe that was fair of you guys and I simply don’t understand the business, but after saying that Jenna said she would talk to Adam about it and then just hung up the phone on me. It caught me off guard and made me feel like working together would be difficult. Then I had a conversation with Adam where he told me over the phone he couldn’t cancel, not because he wasn’t willing to do it, but because San Juan Manufacturing wouldn’t allow it, and after speaking with Derek, I found out that that wasn’t the case. I wish you had just told me it was your policy. I would have never called Derek, and I would not have tried to cancel. At this point I was struggling in feeling like you were a company that could be trusted, and that you weren’t willing to work with me. I’m sure some of my reaction was my fault, but hopefully you can see at least to an extent, where I was coming from and why I might feel the way I did.

You asked why we might not be purchasing the home anymore, so a little back story- In 2008 we purchased a home in the Seattle area. Right after we purchased it the housing market tanked and in two years we lost 30% of the value of the home we owned. When we had to move for a job, we had to pull from our 401k to cover the loss we took. On top of that, we had a property we had purchased previously to build on that ended up getting stuck in the permit stage that we lost another another huge chunk of change on, before finally able to sell it. We are still feeling the effects of those losses today. Now that the economy is starting to fall apart, our fear is that the housing market is going to fall again, and just like before, we’re going to get stuck with a home that has lost its value. This is why we want to back out of the purchase of our home. We recognize that it’s a very risky time to be in the housing market due to all the uncertainty surrounding it. Maybe the market takes a small dip and rebounds and maybe it crashes like before; nobody really knows. We want to potentially continue renting to wait out the uncertainty.

If you are able to put the build on hold, how long would you be willing to do it? I don’t remember you saying that we could put it on hold over the phone, I just recall you saying that we could build a different pool. Would we be able to wait a year or two?

I am truly sorry for how I’ve acted. I was scared and confused on how this works. I’m hoping that we can still work together and that this can still be a positive experience.

Thanks,

West Monnett Received 1/20/2024 ROC Legal

March 31, 2020

From: AP Fiberglass Pools & Consulting, LLC P.O. Box 12157 Scottsdale, AZ 85267

To: West Monnett 10009 East Wavelength Avenue Mesa, AZ 85212

Client Contract Addendum

The client has indicated that they wish to temporarily postpone their project due to a number of unforeseen variables; for an indefinite period of time of their choosing. As shell deposits have already been provided by the client, the monies provided will roll over to their current or new project once the time is right. This is a sum of $20,000.00 that will be applied as a credit to the client’s project once they choose to activate their project timeline once again. Some items and materials may be subject to market fluctuations over the course of time; however, these possible/potential changes will be addressed at the time of re-activation per new project details.

West Monnett Mar 31, 2020 Client Signature: West _________________________ Monnett (Mar 31, 2020) Date: __________

AP Fiberglass Pools & Consulting, LLC: _________________________ Date: __________ 03/31/2020

AP Fiberglass Pools & Consulting, LLC. P.O. Box 12157, Scottsdale, Arizona 85267 602.368.6223 / [email redacted] / www.azpools.net ROC # 323411 Received 1/20/2024 ROC Legal

AP Fiberglass Pools - Client Addendum_pause of project_West Monnett_03312020 Final Audit Report 2020-03-31

Created: 2020-03-31

By: AP Fiberglass Pools & Consulting, LLC. ([email redacted])

Status: Signed

Transaction ID: CBJCHBCAABAAmCgHXi9zsAeTZcGgDGpy4EgoX6G20nRV

"AP Fiberglass Pools - Client Addendum_pause of project_West Monnett_03312020" History Document created by AP Fiberglass Pools & Consulting, LLC. ([email redacted]) 2020-03-31 - 9:35:40 PM GMT- IP address: 68.99.251.199

Document emailed to West Monnett ([email redacted]) for signature 2020-03-31 - 9:36:12 PM GMT

Email viewed by West Monnett ([email redacted]) 2020-03-31 - 11:38:22 PM GMT- IP address: 68.3.149.138

Document e-signed by West Monnett ([email redacted]) Signature Date: 2020-03-31 - 11:39:05 PM GMT - Time Source: server- IP address: 68.3.149.138

Signed document emailed to West Monnett ([email redacted]) and AP Fiberglass Pools & Consulting, LLC. ([email redacted]) 2020-03-31 - 11:39:05 PM GMT Received 1/23/24, 8:19 AM State of Arizona Mail - Written Answer to Citation - 2023-12972 1/20/2024 ROC Legal

Answers - AZROC <[email redacted]>

Written Answer to Citation - 2023-12972 message

AP Fiberglass Pools & Consulting, LLC. <[email redacted]> Sat, Jan 20, 2024 at 4:23 PM To: [email redacted], Legal New Mail - AZROC <[email redacted]>, West Monnett <[email redacted]>, [email redacted]

Hello, Please see the attached written answer to the citation 2023-12972

-- Thank you, Jenna Pawlak Managing Partner

AP Fiberglass Pools & Consulting, LLC. AZ ROC# 323411

Office: (602) 368 - 6223

[email redacted]

http://www.azpools.net/

01202024_Written Answer to Citation and Complaint_Monnett_Case#2023-12972_With Attached Docs.pdf 599K

https://mail.google.com/mail/b/AEoRXRSJUn9T17L6HtvtM316cH7H3WoERJ3B1NSp3WigEJKPPgfO/u/0/?ik=581c53cf5c&view=pt&search=all&permt… 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