2023A-13073-NPC-ROC Notice of Hearing and Packet MAILED

2023A-13073-NPC-ROC · Registrar of Contractors · 2024-01-29

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Atomic Construction LLC, Case No. 2023-13073 COMPLAINANT, Docket No. 2023A-13073-NPC-ROC v. NOTICE OF HEARING ON CONTESTED CASE Robby Geneal Chima DBA: Magna Construction License No. ROC 337352,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

March 12, 2024 9:00 AM 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 4, 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)(10)

THE PARTIES TO THE ADMINISTRATIVE HEARING

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

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

argument to the administrative law judge.

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

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

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

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

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

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

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

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

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

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

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

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

DISCLOSURE STATEMENT

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

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

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

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

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

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

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

RESOLUTION SHORT OF ADJUDICATION In any case which is resolved or settled by the parties, or which is withdrawn by the Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of the resolution or settlement. Any such cases will be listed on the Registrar’s website and its records under the category: “Closed Complaints – Resolved/Settled/Withdrawn.” Dated 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) Robby Geneal Chima DBA: Magna Construction 2349 W Impala Ave Mesa, AZ 85202

Complainant(s) Atomic Construction LLC 6839 W Pershing Ave Peoria, AZ 85381

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. 2023-13073 /

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

November 15, 2023

Via U.S. Mail and Email

Complainant Atomic Construction LLC 6839 W Pershing Ave Peoria, AZ 85381

Via U.S. Mail and Email

Respondent Robby Geneal Chima DBA: Magna Construction 2349 W Impala ave Mesa, AZ 85202

Re: Complaint No. 2023-13073

Dear Complainant and Respondent:

The Registrar received a complaint filed against Robby Geneal Chima DBA: Magna Construction for non-payment of materials or services rendered. This complaint is complete and will be substantively reviewed by the Registrar.

Respondent is free to raise any issue or affirmative defense to this complaint by filing a response with the Registrar by November 22, 2023. Please reference the complaint number listed above if you file a response. Respondent may file a response by:

Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Email: [email redacted]

The Registrar will not issue a citation before November 22, 2023 and will review Respondent’s response, if one is submitted.

Please be advised that a response to the complaint is not the same as a written answer. If the Registrar issues a citation Respondent must file a written answer to that citation in accordance with A.R.S. § 32-1155.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 Sincerely,

/s/ Shaquira Adebule Shaquira Adebule Legal Assistant II Legal Department and Recovery Fund AZ Registrar of Contractors 602-542-1525

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 Received by Investigations 11/09/2023 2023-13073 Received by Investigations 11/09/2023 2023-13073 Received by Investigations 11/09/2023 2023-13073 Received by Investigations 11/09/2023 2023-13073 Received by Investigations 11/09/2023 2023-13073 Received by Investigations 11/09/2023 2023-13073 Received by Investigations 11/09/2023 2023-13073 Received 11/21/2023 ROC Legal Received 11/21/2023 ROC Legal Received 11/21/2023 ROC Legal Received 11/21/2023 ROC Legal Received 11/21/2023 ROC Legal Received 11/21/2023 ROC Legal Received 11/21/2023 ROC Legal Received 11/21/2023 ROC Legal Received 11/21/2023 ROC Legal Received 11/21/2023 ROC Legal Received 11/21/2023 ROC Legal Received 11/21/2023 ROC Legal Received 11/21/2023 ROC Legal Received 11/21/2023 ROC Legal Received 11/21/2023 ROC Legal Received 11/21/2023 ROC Legal Received 11/21/2023 ROC Legal Received 11/21/2023 ROC Legal Received 11/21/2023 ROC Legal Received 11/21/2023 ROC Legal Received 11/21/2023 ROC Legal Received 11/21/2023 ROC Legal Received 11/21/2023 ROC Legal Received 11/21/2023 ROC Legal Received 11/21/2023 ROC Legal Received 11/21/2023 ROC Legal Received 11/21/2023 ROC Legal Received 11/21/2023 ROC Legal Received 11/22/23, 11:24 AM State of Arizona Mail - Magna Construction - Response to Complaint 2023-13073 11/21/2023 ROC Legal

Legal New Mail - AZROC <[email redacted]>

Magna Construction - Response to Complaint 2023-13073 message

Lisa Chima <[email redacted]> Tue, Nov 21, 2023 at 7:23 PM To: "[email redacted]" <[email redacted]> Cc: Robby Chima <[email redacted]>, Geneal Chima <[email redacted]>

Good evening, ROC,

Attached please find Respondent's Response to the above referenced Complaint. Thank you and please let us know what the next steps are.

Best regards,

-- Lisa Chima, Magna Construction (R.O.C.# 337352) C: 559-970-6880

img20231121_18072764.pdf 4367K

https://mail.google.com/mail/b/AEoRXRT5zNB4ZGoYvAyULZuY8ReBQ0Zab9fUmUnE31eGvSlt0XdO/u/0/?ik=d3afebeda9&view=pt&search=all&per… 1/1 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Case No. 2023-13073 Atomic Construction LLC,

COMPLAINANT, CITATION v. Robby Geneal Chima DBA: Magna Construction License No. ROC 337352,

RESPONDENT.

The Registrar issues this Citation to Robby Geneal Chima DBA: Magna Construction (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by December 19, 2023, 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, Atomic Construction LLC (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating:

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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 :1 A.R.S. § 32-1154(A)(10) — Failure by a licensee or agent or official of a licensee to pay monies in excess of $750 when due for materials or services rendered in connection with the licensee's operations as a contractor unless the licensee proves that the licensee lacks the capacity to pay and has not received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased.

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. 2023-13073. 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 of 5

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than December 19, 2023. 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). 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 of 5

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 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 December 4, 2023. By: /s/ Margaret Lindsey Margaret Lindsey Assistant General Counsel Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, December 4, 2023 to:

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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 Certified Mail No: [number redacted]

Robby Geneal Chima DBA: Magna Construction 2349 W Impala Ave Mesa, AZ 85202

Copy mailed by USPS First Class mail this same date to: Respondent Robby Geneal Chima DBA: Magna Construction 2349 W Impala Ave Mesa, AZ 85202

Complainant Atomic Construction LLC 6839 W Pershing Ave Peoria, AZ 85381

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. 2023-13073 / SA

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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 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 1740 W Adams St., Lower Level, 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 ARIZONA REGISTRAR OF CONTRACTORS

Douglas A. Ducey, Governor Jeff Fleetham , Director

Form REQUEST TO CLOSE CASE RC-Lg-701A

Instructions Complete this form to request that the Registrar close a case where the Registrar previously issued a citation. Before the Registrar issues an order closing a case that resulted in citation, both parties must agree to the closure. After consideration, the Registrar may approve the request.

If both parties do not demonstrate their willingness for the Registrar to issue an Order of Closing by completing this form, then the matter will continue to proceed to administrative resolution. This means that, if not already done so:

The Respondent will be required to: 1. Submit a written answer as directed by the Citation and required under A.R.S. § 32-1155(A). o Failure to timely submit an answer may result in the admission of the allegations contained within the citation. A.R.S. § 32-1155(B); and 2. Request a settlement conference under A.R.S. §41-1092.06, if desired.

The Complainant will be required to establish, before the administrative law judge, the merits of their claim.

A. CASE INFORMATION 1. Case Number 2. Complainant 3. Respondent

B. PARTIES ACKNOWLEDGMENT & SIGNATURE Complainant acknowledges that by signing and submitting this Request to Close Case, if the Registrar grants this request: 1. The Registrar may decline to reopen this case; and 2. Complainant’s future remedies, if any, may be limited to another forum. Respondent acknowledges that by signing and submitting this Request to Close Case, if the Registrar grants this request: 1. Respondent’s license record will have a “Closed Case” designation associated with this case; and 2. This case will appear on the Respondent’s public license record available through the Registrar of Contractors’ website as a “Resolved/Settled/Withdrawn” case for a period of seven years.

_____________________ _____________________ ______________ Complainant’s Name Complainant’s Signature Date

_____________________ _____________________ ______________ Respondent’s Name Respondent’s Signature Date

1700 W. Washington Street, Suite 105 ● Phoenix AZ 85007-2812 602.542.1525 ● Within AZ 877.692.9762 ● Fax 602.542.1599 ● www.roc.az.gov

Form RC-Lg-701A Request to Close Case Rev 1/18/2019 Page 1 of 1 Received by Investigations 11/09/2023 RECEIVED 2023-13073

Non-Payment Complaint Form Deparbnental Use Only Complaint Number: Mail to: Registrar of Contractors i-rsi[l( iA P.O. Box 18243 Phoenix, AZ 85005-8243

Person Filing Complaint (Payee) Business Name Full Name (First Middle Last) ROC Lrcense Number(s) (if any) Atomic Construction, LLC Kristin Ann Booney FOC # 324846 Street Address Cfty State Zip Code 6839 W Pershing Ave Peoria M 85381 Phone Number Email Address 602 466 2299 [email redacted] I cor$mt to rcceive communications electronically in conn€ction with this case. Ycs - No tr

Name of Aftomey (if any) Owner is an AZ licensed attorney Aftomey's Str€et Address Cy State zip Code see above Atlomey's Phone Number Attomey's Email Address [email redacted] Licensee Inf ormation (Payer) Name (as shown on contracts, invoic€s, etc.) ROC License Number(s) Rooby Chima DBA [/agna Construction 337352 Strcet Addrdss Cfty State Zip Code 2349 W lmpala Mesa M 8s202 Email Address (916)s21-8040 N ame of I'erson(s) Representing License

Complaint Infonhation Priocipal Amount Duc (excludrng interesi and feei) Contract Date (if appti.able) '$22.424.75 PLUS late fees since August 16.2023 04t17 t2023 Have you filed a civil complaint? Yes tr (If yes, provide a copy ofthe civiljudgment) No tr not yet List all specific invoices which have not been paid. Aftach additional pages if necessary

lnvoice #003987 (includes chanqe order ) 2.

Certification I certify , upon inlormntion and belief, that the aboae-named licmsee has failed to pay monies in excess of set:m hundred ftfty dollars when due lor materials or seraices rendered in connection uith the licmsee's operations as a conl,ractor. I further cotify, upon inform ion and beli$ that the abooe-nsmed licensee has the capacitlt to pay, or has receiaed suficimt monies as pqmmt for the particlllr construction uork proiect or operation for which the seraices or mqter.)els w*e rendesed qr p urchased. A.R.S. 6 32-1151(AX10). Printed Name 5 Date Kristin Flooney 11n312023 Declaration & S I am the Complainant in this Complaint Form or Complainant's duly authoriztd representatiae. I declare under pmalty of pe4ury that the information contained in this Form is bue and correct to the best of my knowledge. I further certifu that any docummts submitled in suryort of this complaint are true and cofiect copies of the originals and are accurate to the best of my knowledge. I will assist in the intsestigation or in the prosecution of the contractgr o/other pqrties,tndlDjJ+i11ecessary, attend hearings and testjfy to facts Printed Name turc Date Kristin Rooney 11n3t2023 Received by Investigations 11/09/2023 2023-13073

Non-Payment Complaint Form For Current or Suspended Licensees lnstructions & Checklist

lnstructions . Complete the entire complaint form. lnmmplete or unsigned forms may be returned to you, which will delay the complaint process. . Attach copies of documents and information as listed in the checklist below with your com plaint form. lnclude copies of permits, invoices, advertisements, business cards and receipts. @lggjIigiElg as they will not be returned to you. . Do not attach the following information or documentation with your complaint: > Photos (this includes photos stored on a disk or flash drive) > Sets of plans, specifications, drawings, sketches, etc. > Samples (such as flooring, brick, paint, roofang, landscape rock, etc.) Checklist 1) Contract a) For written contracts, provide a copy of the original construction contract signed (by both parties) including all addenda and change orders. lf the only written documents describing the contract are a proposal, bid, or invoice, please follow the instructions in b) for "if no wriften contract.' b) lf no written contract, provide a written statement describing the agreement that includes the following information: i) The reason a written contract is not being provided (e.9. the contractor did not provide a written contract, the contract is lost, the contract was destroyed); ii) A description of any written documents used to describe the contract, e.g. bids, proposals, invoices, receipts. (lf you have copies of any of these documents, please provide them with the Complaint Form.); iii) A description of the work to be performed under the contract (including any addenda or change orders); iv) The names of the people who negotiated the contract; v) The agreed upon payment schedule; vi) An explanation of who was to receive payment; and vii) The date the work was to be completed. c) For complaints of non-payment between contractors, vendors, or material suppliers, provide a copy of: i) The credit applications. Redact all SSN ancl/or EIN information. ii) lnvoices for services rendered and/or materials delivered. 2) Proof of Debt(s); Acceptable forms of proof of debt are copies of: a) lnvoices. b) Contracts. c) Promissory notes. d) Other negotiable instruments.

RCC099 01/16 11/J23, 6:50 AM Projul - Construction Managemont Received by Investigations 11/09/2023 2023-13073

t I m te N"*;. coi6.uciron ir-lltar- .lrfi, tltlr, Estimate Numbar: 00fs76 Estamate Date: oct s, P022 Estimate Expires: )an 21,f023 Atomic Construction Lic. #: ROC 324846 Custo er 15420 N 67th Ave. Suite B Robbie Chima (Mag n) Glendale, AZ 85306 10070 Cha rter kRd ale, Az 260 (623\ 322-4ss8 (916) 521.]8M0 admin@atomicaz,com robby.magnaconstru [email redacted] www.atomicaz.com

Atomic Construction represents our family's passion for exceptional quality and attention to superior detail. If you have Searc n9 for a contractor that truly delivers what they promise, you found us! Construction projects aren't supposed to be n9 they I should bring excitement, value, and beauty. Our decades of experience will not disappointl

Do NOT accept the estimate unless and until it clearly contaim all details you understand to be part of the ag nt. rt vJ u need a revision to clarify or add something not listed please feel free to reach out to your estimator. Once the esti s acce pted you are acknowledging that it contains your complete agreement.

NEXT STEPS IN ORDER - I

1. ACCEPT AND SI6N THE ESTIMATE ON.LINE. YOUR ESTIMATE SIGNED BELOW BY ATOMIC ALONG WITH YOUR SI ATURE UPON ACCEPTANCE BECOMES OUR CONTRACT TOGETHER.

2. A DEPOSIT INVOICE WILL BE SENT TO YOU FOR PAYMENT VIA EMAIL. Atomic reserves the right to update pricing ou d th deposit not be paid within 7 days of estimate acceptance.

3. SCHEDULE INSIALLATION START DATE . ALTHOUGH AN ESTIMATED DATE OF COMPLETION IS PROVIDED Once u have riud" the undoubtedly wise decision to move forward with Atomic you will be contacted for a scheduled start date. Se€ expectotion sheet. The work we perform lnvolves unknown voriobles ot times ond therefore exad dotes cannot be guaroiteed. We con promke we will not deloy the stort dotes nor completion dotes without good reoson ond will ottempt to your I

rcquests to the ertent possible ot all times. l

NT IO LICENSED, EONDED AND INSURED IN COMMERCIALLY REASONAELE AMOUNTS FOR WORKER'S COMPENSATION, COMMERCIAL GENRAL LIABILITY ATOMIC WILL PROVIDE NECESSARY CERTIFICATES OF INSURANCE UPON REQUEST AND OUGH O f CARRIER COUNTRY FINANCIAL (MATT WORD IS OUR AGENT) ADDITIONAL INSURED ENDORSEMENTS WLL BE WHEN 1', NEEDED AS WELL. As for os schedultng this multifoceted project, Atomic will moke oll commercially reosonoble efforts to with Mogno so xheduling will be os seamless os possible. We connot be rcsponsible fu deLays mode by Mogno, other subcon the ownen suppliers etc. Any ond all chonge orders will be dscussed and signed ond poid by Mogna upon acceptonce wttho deloy.

Thank you again for the opportunity !

Very Truly Yours,

lsl KRtSflN ROONEV Owner, Atomic Construction

DESCRIPTION QTY cosT lPRlcE

https://app.proiul.com/sales-pipeline/sold 117 1'l13/23,8:50AM Received by Investigations Projul - Construction Management 11/09/2023 2023-13073 Tile Floors.

Spe.ial lnstructionsl 1EA $0.00 Detailed instructions listed to ensure Atomic stays on the same page as the customer. please Read carefully! Atomic is responsible for removing and hauling away all existing flooring from listed areas, tile baseboards, installing new flooring with new MDF baseboards. Estimated completion time for Floor, Fireplace, Shower and Backplash is 4 - 5 week.

Deposit will be made of 33% at a time. First payment due upfront to order materials and get locked into the schedule, second payment due on first day of project, final payment due on completion.

Cer.mic./Porcelaln Tllc 2,s10 $6.19 5,53690 SQFT

Recommend 2,510 Square Feet of tile for the main house floors which includes the standard waste factor. Cactrs Tile. lkon Walnut. Cactus Stone & Tile - Walnut (cactustile.com)

C.ramic,/Porcelain Tile 242 11.29 ,764.19 sQ-t This is the amount of tile needed for Master bathroom and Master Closet Floor

T3= 12x24 Porcelain Tile Purestone. Bedrosian. Purestone 12' x 24 Matte NatLrrai PorceLain Tiie in Biaoco I Bedrosians Tile & Stone

Glout rnd Thinsat 2,750 t1.s0 125.00 SQFT

We will be providing grout and thinset.

Grout Color- Multiple Grout colors for different areas / different tiles installed. Laticrete Spectraloc 1 - Sand Beige for Main house and bedroom. 2,500 Square Feet. Laticrete Spectraloc 1 - TBD for Master bathroom and closet.

Naw Bsebo.rds 640 t2.18 ,395.20 LF

New baseboards of customer's choice profile wise according to stock status. . The client can choose 4" to 6" baseboards.

R3move/Demo Cer.mic or porcelain Tile 1,214 71.99 75.56 SQFT

Demo ceramic or porcelain tile and thin-set. Dispose of all material. Areas- Entry, Kitchen, Dining Room, Living Room, Hallway to bedrooms, Guest bathroom, Laundry Room, Master Bathroom.

Remov€ and Haul Away - Hardwood "Nail / Glue Down" 194 $3.s0 9.00 SQFT

Remove and haul away glued down hardwood.

Areas: Office

Remova and Haul Away - Carpet - W / Pad 610 10.30 r83.00 SQFT

We will be removing and hauling away the carpet padding and tack strips.

Areas- Foyer, formal dining, Master Bedroom & master closet.

lnstall Tile - Planks/Lg FormavRectified, wood look tlle 2,500 $4.20 10,500.00 SQFT

https://app.projul.com/sales-pipeline/sold 217 11/3/23,8:50AM projul- Construction Management Received by Investigations 11/09/2023 lnstall rile Floor. Laboronlyand does not include anyfloorprep. lf leveling or grinding is required, 2023-13073 those services are billed at an Additional cost. Grinding is billed at $90 per hour. Leveling is billed at $70 per bag which does include Material and installation. Crack lsolation is billed at $4 a LF.

Areas- Entry, Foyer, Formal Dining Room, Kitchen, Living Room, Hallway to bedrooms, Guest bathroom, Office, Laundry room, Eedroom +master bathroom + master closet. Tile Size- l2x4S for the main house. l2x24 for the master bathroom 6a closet floor.

lnstall NEW baseboards 540 $1.99 27).60 LF

We will be removing old and installing new baseboards with miter cut corners. lf base corners are either necessary or requested, there will be additional cost associated for the comers themselves. Tile Baseboard Demo will be an additional cost. Painting Baseboards isan additional $1.50 per Linear Foot, labor only. Customer must provide their own paint to thejobsite. Area-

Remove and Haul Away - Tile Bas€ 500 $1.50 50.00 LF

Remove and haul away tile base. Customer responsible for drywall repair and touch up painting if required.

Move Fumiture - Per Room 3 EA 199.00 00

Areas/Rooms - Move furniture as needed, Customer moving a majority of furniture. Exadnumberof rooms TBD

Pleose Note: Our installers arp not house cleanerc ond do not move loundty, totts, or atry othet smor pe,J,onal,tems left oo floors. inclading closet floots. Our btstallers move fumiare at the listed price per rcom, fhe customer moy elect to move t{,emselves os welL howevel if fumiturc k not moved brt customet priot to instollotion, there wiL be a $xt per room chatge odded on to the invoice. Furniture- We DO NOT move any of the following items-

Pool Tables Grandfather Clocks Grand Pianos Large Safes Large Electronics

Atl Personol or voluoble items MUST be removed ftom alt furniturc P or to tnsto(otion date. Eledronics must be dbconnecled prior to instoltotion date. Customer is responsible reconnecting oll eledronics. we ore not responsible for ony stnpped volves or water leaks, we ore not responsible for ony furniture domage.

Toilet or Pedgtal Sink 1 EA $0.00

we will remove and reset existing toilet or pedestal sink. lf our client wants us to install a new toilet they must have it assembled and ready for us to install it. lncludes a new wax ring and caulking. Does not include ony odditionol plumblng if needed cuslom.r movino all toilets. EA 90.00 00 Move Applianceg

Customer moving all appliances

3t7 httpsr/app.projul.com/salos-pipeline/sold Received by Investigations '11/3/23, 8:50 AM projul - Conskuction Management 11/09/2023 2023-13073 The customer is responsible for ALL plumbing & undemtands Atomic Construction is not responsible for any water leak gas leaks or damage.

Delivery of Goods 1 EA S300.00 .00

Delivery and unloading of all materials from our vendor to our warehouse and to thejobsite. (lf we are picking up client materials our delivery fee is $199 per pick up location)

Deliver All materials.

Tile Floors. Total 9,2 79.M

Fireplace

Ccramlc,/Porcelain f ilc 90 $11.49 ,034.10 SQFI

This is the amount of tile needed for Fireplace walls.

Millenium Crem 6x24 Ledger. Bedrosian. Millennium Cream 6" x 24" Ledger I Bedrosians Tile & Stone

Cerrmic./Porcelaln Tile 10 t3.29 90 SQFI

This is the amount oftile needed for Fireplace Hearth.

12. x 24" Porcelain Rustic stone Charcoal. Monterrey Tile Charcoal I Monterrey Tile Cornpany

Grout and Thinset 90 11.50 35.00 SQFI

We will be providing grout. We will also provide thin-set. Certain tile requires specific grout / thinset. Grout color - TBD

Hardi Backer 90 $3.00 SQFT '15 Hardie board / Cement Backer Board is installed behind tile around the fireplace. Comes in a Square Foot Sheet.

Hardic Backer Ccment Boarding 12.00 80 00 SQFT

lnstalling of Cement Backer Board only.

Tile - Fire Place Walls "Stackstone" $24.00 160.00 SQFT

lnstallation of tile on fireplace walls only. How High - up to the ceiling. 12 feet high.

Fireplace Total ,812.00

Master Shower.

Special lnstructions! tA J0.00

Special and detailed instructions will be listed to ensure Atomic stays on the same page as the customer. Please Read carefully! Magma Construction is responsible for Demo of existing Shower walls and tile, framing in new shower wall to spec.

417 https/app.projul.com/sales-pipeline/sold ]]/irzJ, U:5U AIV! projul - Constuction Manag€ment Received by Investigations 11/09/2023 Atomic will install all Hardie Board, waterproofing, Rubber shower pan Liner, Tile, schluter trim and 2023-13073 grout.

Ceramic/Porcelain Tile 255 $5.29 $ ,348.9S SQFI This is the amount of tile needed for Shower walls and tub sunound.

T1 = 12x36 Luxury Cream tile. Monteney Tile. Cream Deco I Monterrey Tile Comparry

C.ramic/Porc€hin Tilc 45 i5.29 $ ,38 0! SQFT This is the amount of tile needed for accent wall.

T2 = 12x36 Luxury Cream 3D Art Deco. Monterrey Tile. Cream Deco i Montel'ey ire a-onrpaf,y

Crramic/Porcolain Tilc 29 $15.99 92.71 SQFT

This is the amount of tile needed for Shower Floors.

T4 = 12x12 Mesh Mount Porcelain Purestone. Bedrosians

Grout and Thim€t 326 $1.50 SQFT

We will be providing grout and thin-set.

Laticrete Spectraloc 1 - Color IBD for shower walls. Laticrete Spectraloc 1 - Color TBD for shower floors.

Hardi Backer 240 12.00 SQFT

Material Needed for walls in showers. 1/2" used for walls and product comes in l5 sqft sheets.

Rcd Guard W.teryroofing for tile 3 GAL $65.00 95.00

RedGard 1 Gal. Waterproofing and Crack Prevention Membrane. 1 Gallon covers approximatley 60 sqft. Hardic Becker Cem.nt Boarding 240 12.00 SQET

Labor- lnstall hardi-board for walls and/or floorc on 2nd level

lnstall Schluter Strips 64 LF $1.50

We will be installing Schluter strips to areas with the tile side area exposed. Shower curb, shampoo niche edges, and any other areas tile sides are exposed.

Tile - lnstall Shower Walls 210 i22.00 .00 SQFT

We will be installing tile to the shower walls and around freestanding tub surround.

9.8 feet high on back wall carried straight out, Do not follow ceiling line.

" Customer doing all demo including moving the drain, lowering the concrete floor down to accommodate a curbless shower and framing the walls.

Til€ - lnstall Shampoo Niche 2 EA $200.00

Location - Left wall "A". Side byside/ Height - starting at 4 feet high, niche is 24" tall Trim - Schluter trim.

Bench 'Custom Size" 1 EA 1200.00 00

https/app.projul.convsales-pipeline/sold 517 1l13/23. 8:5OAM Received by Investigations Projul - Construction Managoment 11/09/2023 Back left corner 2023-13073

Tile - lnstall Shower pan 1 EA $425.00 5.00

Drain Location Back corner. Post Tension Slab - NA Curbless.

Til€ - lnstall Shower Floors 29 $16.80 20 SQFT We will be installing tile to the "shower Floor- slope towards drain

Master Shower. Total 0, 6 ,9

Kitchen Backsplash.

Ceramic/Porcelain Tile 100 $18.99 1.899.00 SQFT This is the amount oftile needed for the Kitchen Backplash.

Tile Shop Queen Beige Tumbled Marble Subway Tile. SKU #550455 Queen Beige Tumbled Marble Wall and Floor Tile 3 x 6 in. - The Tile Shop

Grout and Thinsot 2 EA $75.00 50.00

We will be providing grout and thinset.

Grout color - TBD

Tile - Backplash "Light Pattern. cl8ss, or Subway" r00 $19.00 1,900.00 SQFT

Areas to be installed- Kitchen backsplash including butlers pantry and the bar

Kitchen Backplash. Total 3,949.00

Subtotal 57,652.35

Taxable 5!btotal 29,585.99

fax 9.2Vo ,721.9-l

Total 60,t74, ,26

PLEASE READ IN DETAIL AS INFORMATION BELOW IS IMPORTANT '1. Our EXPECfATIONS form was created to ensure customer and Atomic enter into an agreement with like understan ing and goDd communication. Customer undeGtands and agrees with the expectations outlined therein. Oo not pay your deposit I you reviewed this document. The Expectation sheet is hereby incorporated by reference into the Contract details. 2.All warranties on products sold are provided bythe manufacturer. Atomic Flooring makes no warranties expres r implied PN any product sold. Any claim arising from the producG sold must go through manufacturer. 8y signing below custo acknowledges receiying the manufacturer warranty booklet or information available online on all products purchased.

3. Customer acknowledges and agreestoa 35 restocking chargeonall cancelled or changed (even just the col asanl example) product orders if cancelled in writing within (3) days.

httpsl/app.projul.com/sales-pipeline/sold Received by Investigations 11/3/23, 8:50 AM projul - Constuction Management 11/09/2023 2023-13073 4. No cancellations. returns or changes to product choice after (3) days of estimate approval can be guaranteed. 5. No returns available for open boxesTbundles/cartons. Product is sold only in quantities offered by the manufacture As such, a small amount of "extra product" may be required to ensure proper amount for installation, including a waste factor, ty lly 1O'/., and possibly a small amount leftover for future use by customer.

6. Pgy:ng[lgms are as follows- Fifty percent (50%) of the estimate total including taxes is due upon acceptance of e estimato Please note that no material will be ordered, nor will installation be scheduled prior to deposit being made. The ba of any invoice must be paid before installer leaves premisss on the fin.l day of install.tion. lf the balance is not PAID lN LL on th+ date due, the customer hereby acknowledges and agrees that reasonable late fe€s will be incurred at a rate of $l per d ayl. Customer expressly authorizes Atomic Construction, LLC to charge any credit card used for previous payments made t rd the invoice(s) associated with the estimate for any remaining balance owed upon completion of project.

7. DISCOUNTS - we strive to provide the best possible pricing. However, please be aware discounts cannot be co

Fin.ncing option- lf you may be inter€sted In ffnancing your prciect please click on the following link to learn https;//app.gethearth.com,/partners/atomic-construction/kristin/apply. Ws also offer financing thlough Wells r90 - ask your estimator ! con hebs cover those fees Atomlc is chorged for thb seruCe.

Plear€ be .ware th.t the prop€rty ownGr ha' th. right to file a witten comphir widr the registrar tor .n alleged viol.tion of ARS 32-1154 $bsa<tlo. A. Ary compLlhts mun be mad. within thc appllcable dme p..iod ar a€t forth in t€ctlon 32-11s5, subsedlon A- RegBtr. oI contlct info: (p) 602.5421t25 lioc..z-gov

r 17 , 2023

Lisa Chima

7l? https:i/app.proiul.com/sales-pipeline/sold Received by Investigations rroJur - uons[uclon Managemenl 11/09/2023 2023-13073

Chan Or er At"A" it,Irar-trnranti ll Change Order Number: 1

Chang€ Order Date: May 3.2023 Change Order Expires: May 31, P023 Atomic Construction Custorher Lic. #: ROC 324846 15420 N 67th AYe. Suite B Robbie Chima (Mag Glendale, AZ 85306 10070

(623) 322-4ss8 (916) 521.]8040 [email redacted] robby.magnaco [email redacted] www.atomicaz.com

DESCRIPTION PRICE

FIoor Prep Change Order.

Floor Prep $1,500.00

Floor prep was needed after removing existing floors. lsolation membrane installed on top of all the crack in the concrete. Grinding the high spots, leveling on the low.

t bol $800 00

Grout the shower walls. Remove grout, Cunomer didn't like the color.

Floor Prep Change Order, Total $2,300

Subtotal $2,300

raxable Subtotal t0.00

Tax 9.2% $0.00

Total $2,

M 31,2A23

Lisa Chima

111 https/app.projul.com/salos-pipelin€y'sold Received by Investigations 11/09/2023 2023-13073

Atomic Construc{lon, LLC 6839 W Pershing Avenue Peotia, M 85381 US tL&1lt l0l lu0lY - rrrtlrlr ! +1 [number redacted] [email redacted]

INVOICE 1.tr BILL TO tNVO|CE # 003986 Robbie Chima DATE 0'v1712023 Magna Construction DUE DATE [number redacted] 10070 E Charter oak Rd TERMS Due on receipt Scotttsdale, Az 85260

DATE DESCRIPTION AN4OUNT

Paymonl Portal Payment 0.3333333 60,374.26 20,124.75 #003576

SUBTOTAL 20,124.75 TAX 0.00 TOTAL 20J24.7 5 PAYMENT 20,124.7 5

BALANCE DUE $0.00 Received by Investigations 11/09/2023 2023-13073

Atomic Corctruction, LLC (). 6839 W Pershing Avenue AI Peotia, M 85381 US 1ll:: ,tfrra ti rcft- dtttr r +1 [number redacted]

[email redacted]

INVOICE .t ^d BILL TO It{votcE # 003988 Robbie Chima DATE 01t17t2023 Magna Construction DUE DATE [number redacted] '10070 E Charter oak Rd TERMS Due on receipt Scotttsdale, Az 85260

DATE DESCRIPTION ANlOUNT

Payment Portal Payment ate 0.3333333 60,374.26 20J24.7 5 #003576

SUBTOTAL 20,124.75 TAX 0.00 TOTAL 20,124.75 PAYMENT 20,124.75 BALANCE DUE $0.00 Received by Investigations 11/09/2023 2023-13073

Atomic Construction, LLC \ 6839 W Pershing Avenue { Peoria, M 85381 US [lnt16lD{ Imrl - Urltilr ( +1 [number redacted]

[email redacted] E[3TTN INVOICE =3 rt I I I I a 'rit Ir - I r r - BILL TO INVOICE # 003987 Robbie Chima DATE [number redacted] Magna Construction DUE DATE [number redacted] 10070 E Charter oak Rd TERMS Due on receipt Scotttsdale, Az 85260

DATE A[,1OUNI

Payment Portal Payment portal for Estimate 0.3333333 60,374.26 20j24.75 #003576 CHANGE ORDER* Approved Change order 1 2,300.00 2,300.00 003576-1 - floor prep and re- grout of shower due to color change CHANGE ORDER* Agreed deduction for "grout 1 -2,587.50 -2,587.50 haze cleaning" per discussion and emails dated [number redacted] Late fse Late payment fee for [number redacted] 80 100.00 8,000.00 through 1 1/03/2023

SUBTOTAL 27 ,837 .25

TAX 0.00 TOTAL 27 ,837 .25

BALANCE DUE $27,837.25 November 15, 2023

Via U.S. Mail and Email

Complainant Atomic Construction LLC 6839 W Pershing Ave Peoria, AZ 85381

Via U.S. Mail and Email

Respondent Robby Geneal Chima DBA: Magna Construction 2349 W Impala ave Mesa, AZ 85202

Re: Complaint No. 2023-13073

Dear Complainant and Respondent:

Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Email: [email redacted]

The Registrar will not issue a citation before November 22, 2023 and will review Respondent’s response, if one is submitted.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 Sincerely,

/s/ Shaquira Adebule Shaquira Adebule Legal Assistant II Legal Department and Recovery Fund AZ Registrar of Contractors 602-542-1525

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 Received 11/21/2023 ROC Legal Received 11/21/2023 ROC Legal Received 11/21/2023 ROC Legal Received 11/21/2023 ROC Legal Received 11/21/2023 ROC Legal Received 11/21/2023 ROC Legal Received 11/21/2023 ROC Legal Received 11/21/2023 ROC Legal Received 11/21/2023 ROC Legal Received 11/21/2023 ROC Legal Received 11/21/2023 ROC Legal Received 11/21/2023 ROC Legal Received 11/21/2023 ROC Legal Received 11/21/2023 ROC Legal Received 11/21/2023 ROC Legal Received 11/21/2023 ROC Legal Received 11/21/2023 ROC Legal Received 11/21/2023 ROC Legal Received 11/21/2023 ROC Legal Received 11/21/2023 ROC Legal Received 11/21/2023 ROC Legal Received 11/21/2023 ROC Legal Received 11/21/2023 ROC Legal Received 11/21/2023 ROC Legal Received 11/21/2023 ROC Legal Received 11/21/2023 ROC Legal Received 11/21/2023 ROC Legal Received 11/21/2023 ROC Legal Received 11/22/23, 11:24 AM State of Arizona Mail - Magna Construction - Response to Complaint 2023-13073 11/21/2023 ROC Legal

Legal New Mail - AZROC <[email redacted]>

Magna Construction - Response to Complaint 2023-13073 message

Lisa Chima <[email redacted]> Tue, Nov 21, 2023 at 7:23 PM To: "[email redacted]" <[email redacted]> Cc: Robby Chima <[email redacted]>, Geneal Chima <[email redacted]>

Good evening, ROC,

Attached please find Respondent's Response to the above referenced Complaint. Thank you and please let us know what the next steps are.

Best regards,

-- Lisa Chima, Magna Construction (R.O.C.# 337352) C: 559-970-6880

img20231121_18072764.pdf 4367K

https://mail.google.com/mail/b/AEoRXRT5zNB4ZGoYvAyULZuY8ReBQ0Zab9fUmUnE31eGvSlt0XdO/u/0/?ik=d3afebeda9&view=pt&search=all&per… 1/1 RECEIVED DEC 1g ?0?3 Robby Geneal Chima DBA: Magna Construction INVESTIGATIONS 2349 West lmpala Ave. Mesa, AZ 85202

ATOM!C CONSTRUCTION, LLC, cAsE NO.2023-13073

Complainant

WRITTEN ANSWER TO CITATION AND v COMPLAINT ROBBY GENEAL CHIMA DBA: MAGNA CONSTRUCTION License No. ROC337352,

Respondent

Dear Registrar of Contractors:

7. This will serve as Respondent Robby Chima dba Magna Construction ("Magna") formal Response to the Citation issued by Registrar of Contractors of State of Arizona ("ROC") on December 4,2023.

2. Magna denies that the amount owed to Atomic Construction ('Atomic") is correctly reflected in Atomic's filing. Please see attached Exhibit A, for the total contract amount 560,374.26 with a 52,300 change ordel receipts for two payments - 520,124.75 on 7123123 and 520,124.75 on 4125/23, and the final invoice that was sent by Atomic on August 15,2023 for S19,837.25.

3. Magna admits that it owes Atomic 53,987.25 as outlined in attached as Exhibit "8". This document breaks down the credits and charges that are owed by Atomic for which Magna has deducted from the final payment. Magna further denies that any late fees are due because Magna and Atomic were in settlement negotiations up to the point where Atomic filed the complaint with the ROC.

4. Attached Exhibit "B" further breaks down the negligence by Atomic in installing expired grout, when the grout was removed to reinstall non-expired grout the workers cracked one tile and chipped 25+ tiles. Homeowner marked the chipped tiles to be replaced. Atomic removed all of the blue tape and did not replace all of the chipped tiles. Atomic's workers incorrectly installed the upgraded grout which caused hazing of the tile throughout the house (see Exhibit "C"). Scott Delaune ("Homeowner") deducted the upgraded grout and labor from his final payment to us; therefore, we deducted it from Atomic's final payment. Atomic refused to clean the hazing. ln order to move forward and not incur any further Out of Timeline charges (see Exhibit "D") from Homeowner, Magna moved forward with cleaning of the hazing which required much more labor and supplies than expected. The Out of Timeline charge was passed on to Atomic since the flooring issues were the sole delay in this project. There was also a desk that was damaged by Atomic workers for which Homeowner charged Magna for; therefore, that charge was passed on to Atomic. All charges/credits passed on to Atomic were actual charges incurred by Magna.

5. Attached as Exhibit "C" is an email from the Nicholas Fratarcangeli, Laticrete representative (grout company) explaining exactly how the grout must be cleaned in order to avoid the hazing issue. He said that every package of grout comes with instruction on exactly how it must be installed; otherwise, there will be a hazing issue. He further said that every package of grout comes with cleaning instructions which indicate how to avoid the hazing issue. Atomic purchased the grout so they would have had these instructions and cleaning supplies. The Laticrete representative also met with Luke Mifflin, Project Manager for Atomic, Robby Chima, GC for Magna, and Homeowner on site and confirmed the hazing issue and that it was due to improperly installed grout. We also provided the information from the Laticrete representative to Atomic so that they understood what happened to produce the hazing and how to remedy it. Atomic refused to remedy the hazing; therefore, Magna as the general contractor on the job had to remedy the hazing issue and, rightfully so, passed the labor and supply cost on to

Atomic. Because Atomic refused to follow the guidelines set forth by Laticrete, who makes the grout, Magna asserts that Atomic is liable for all issues associated with these errors and all costs associated with remedying the hazing issues.

6. Attached as Exhibit "D" is an email that was sent to Luke Mifflin, Atomic representative, outlining the portion of our contract with Homeowner discussing liquidated damages and that the homeowner was going to be charging us 55,000 for exceeding our completion date. Since the flooring issues were the only on-site delay, Atomic is liable for the 55,000 charge which Homeowner charged to Magna. Please note, this email was sent to Atomic on May 30,2023 letting them know that if there were any delays or issues, the liquidated damages clause would go into effect. They were fully aware we would be charging them back for this. The timeline reflects that they went over their contracted amount of time to correctly complete the flooring.

7. Attached as Exhibit "E" are photos taken by Homeowner and timeline information notations.

WHEREFORE, Magna requests ROC affirm the amount owed to Atomic be 53,987.25 and the Citation against Magna be dismissed.

By Robby Chima DBA Date Magna Construction

Exhibit ttg,tt Estimate Estimatr Numbsr: 003575 CONSTRUCTION Estirflate lIdte Ocr 5,2922 a00tm Fu l6tr- sllfi 0t rEIBBrY Estirflate beires: lan 21,2023 Atomic Construction cus'tomer uc #: Roc 324846 15420 N 67th Ave. Suite B Robblc (Magna Constrtttior) Glendate, AZ 85305 1 0070 E Cha rter oak Rd scotttsdale, Az 85260 (523) 322455e (el0 s21.8040 admin@atomicazcom [email redacted] www.atomicazcom

Atqmic Construction represents our family's passion for erceptional qua[$r and attemioh to superior detail. lf you have been searching for a contractor that truly delivers what they promise. you found us! Corstructiofi projects areh't supposed to be frustrating - they should bring exdtement value, and beauty. Our decades of experience will not disappoind

Do NOT ac€eFtthe Gsdmats unlesr .nd uxil it clerly contalns a[ dctalls you undarstand to be part ol the agreement lf you need a rwision to clarify or add something not listed please {eel iree to reach out to your estimator- Once the estimate is accepted you are acknowledging that it contains your complete agr€ement

NEI(T STEPS IN ORDER .

1. ACCEPT AND SIGN THE ESTIMATE ON.UNE YOUR E5TIMATE SIGNED BELOW BYATOMIC AISNG WIIH YOUR SIGNATURE UPON ACCEPTANCE BECOMES OUR CONTRACI TOGETHER

2. A DEPOSIT INVOICE WILL BE SENT TO YOU FOR PAYMENT VIA EMAIL Atomic reserves the right to update pricing should the deposit not be paid within 7 dsys of eBtirnate acceptarce. 3. SCHEDULE INSTALLATION START DATE - ALTHOIJGH AN ESnMAIED DATE OF COMPLETION lS PROVIDED Once you have made the undoubtedv wise decision to move fonrvard with Atomic you will be contacted for a scheduled start datz Sec oltuchd €ryffin sha- The wo* we perform lnwlves unknown voriables ot times ond therefore emcl dotps connot be absalutely guomnteed. We con promise we will not deloy the iort dotus nor ampletion dote wtthout good reoson ond will oltempt to qccommodate Wur reques8 to the ertent possible at oll timet

4. ,'AGNA COI{STAUCTION CONfiRAC7I,AI FEQUTPE t4EIt IS : AToMtc HERESY ACKNOWLEDGES MAGNA'S REQU,REME Ir 70 8E LICENSEA BONDED /4ND INSURED ,N CoMMERCIAUY REASoNABLE AMoUNIS FOR WARKER'5 C0MPENSATIoN, AUTA AND COMMEPCIAL GENRAL UASIUTY ATOMIC WLL PROWDE NECESSARY CEETEIOATES OT UPON REQUEST |HROUGH OUR 'NSURANCf C{NP'EP COUIIII.PY FINANAAL {MATI WOPD IS OUP ACEN'D ADDMONAL INSUNED ENDOP9EMENIi WILL BE INCLUDEDWHEN NEEDED AS WELL As for os scheduling thb multifoceted project, Atomic wtll moke oll commerchv reaenobte effotts to wotk with Mogno so scheduling will be os seomless os possible- We conhot be responsible for delays mode by Mognot other subcontmctgrs, the owner, supplierc etc Any ond oA chonge orderc will be d'satssed ond signed ond poid by Mogno upon oceptonce without deloy.

Thank you again for the opportunity !

Very Truly Yourr,

/ KNSTiIid ROONEY

Owner, Atomic Construction

DESCRIPTION r cosT PRICE Tile Floors.

Splchl lnrb{.tioBl 1EA $0.00 fo.00 Detailed instructio[s listed to ensure Atomic Stays on the same Psge as dte customer. Please Read carefully!

Atomic is rspdsible for removing and hauling away all exining flooring trom listed areas, tile baseboards, irrtalling new flooring wlth new MDF baseboards.

Estimated completion time for Floor, Fireplacq Sho,'ver and Backplash is 4 - 5 urcela. Deposit will be made of 33% at a time. Flrst palment due upfront to order materials and qet lorked into the schedule second payment due on first day of projec[ final payment due on completion.

Ctraml€/Fo.cGlrln Tlle 2J10SQFr {6.19 i1S,S369o

Recommend 2"510 Square Feet of tile for the main house flooE which indudes the stardard rrrdstu faEtor.

Cactus me lkon Walnut -ailE - aactus Stene & vy'alnui lca:irinile (e.,'ll.

C€r.mlc/Porc.lain TilG 242SQFT fi29 $1,76,r.18

This is the amount of tile needed for Master bathroom and Master Closet Floor

T3= 12x24 Porcelain Tile Purestone. Bedrosian. Pureslone 12' t 24'' l'4atte t'iatural Porc--laiii Tiie i,r Bianrc I B'.drcsi*ns Til.. & itone

Grout and Thinirt zTgosQFr l'150 $4,12!00

We will be providing grout and thinsel

Grout Color- Multiple Grout cohrc for different areas / differ€nt til€s installed. Lrticrete Speclraloc 1 - Sand Beige for Main house and bedroonl. 2"500 Sguare Feet Lrticrete Spectrdloc 1 - TBD for Master bathmom and doset

NGU EEseboards 640 rF $a18 '1,39520 New baseboards of customer's choice profile wise according to stock status- . The dient can choose 4" to 6" baseboards.

Rrsrove/D€mo Ceramic or porcclaln Tile 1,244SQF[ t139 s2,47556

Demo ceramic or porcelain tile and thin-set. Dispose of all material- Arear Entry, Kitchen, Dining Room, Living Room, Hallway to bedroomt Guest bathroom, Laundry Room, Master Bathroom.

Rsnsvl and Hrul Aw.y - HardrDood 'Nail / Glue Down' 194 SOFT 13.s0 l6-r9.m Remove and haul away glued down hardwood,

Areas: ffice

Rsnorra end Hrul Aw'y ' C.ryet - W / Pad 610 SOFr $030 $181fi)

We will be removlng and hauiing away the carpet padding and tack strips Areas- Foyer, formaldining, Maner Bedroom & master closeL

lnslall Tlle - Phnls/Lg Format/Ractified. wood look tile 2500SQFI $420 $10,500.(x1 lnstall Tile Floor. Labor only and does not include any floor prep. tf lercling or grinding is required those servires are bilted at an Additional cosl Grinding is billed at $90 per hour. Leveling is billed at $70 per bag which does indude Material and installation. crack lsolation is billed at $4 a LF.

Areas- Enuy, Foyer, Formal Dining Room, Kitchen, LMng Room, Hatlway to bedrooms, Guest bathroom, Officg Laundry room, Bedrcom +master bathrosm + rnaster closel

Tile Srze- 12x48 for the main house. 12x24 for the maner batlroom & closet floor.

lnstall NEW baseboards 64oE $1.99 ft3?160 we will be removing old and installing new baseboards with miter cut corners. lf base comers are either necessary or requested, there will be additional cost assodaled forthe comeE themselves. Til€ Baseboard Demo will be an additional cosL

hinting Baseboards is an additional $1-50 per Linear Foot labor onl/. customer must provide fteir own paint to th€ jobsite. Area-

Remorc end Haul Awry - Tlle Bese s00 LF $1.50 $750.00 Remove and haul away tile base. Customer responsible for dryuall repalr and toudr up painting if required.

Mone futniturc - Per Room 3 EA 399.00 t2Cr.00 Areas/Rooms - Move furniture as needed, Customer moving a majority of furniture Exact number of rooms TBD. Phos. ArotG Our inslrtla,, s7p nolp.rse cleor€rs atd do ad n$ra lalI,ldlryL ttrI,E., or ony otfter smoll perlon al l,f,mt latt on fborl lDrtrdlng ctoser,loors. Ow lntullflrs n,E,te fumlurc at the ltsied ptlce pet room. TI,€ G{,ston|fjr firoy el,fl to rnoys tisnrcallrue ar welf horreueA !f fumitr,e !r not rrorcd bJr arrstoarerprlorto lraallaio,r, tharc udlt ba a t99 per r*m chorgc oddad d, b tt E t ryole,. Furniure- we DO NOf move any of the {ollowing items-

Fool Tables Grandfather Clock Grand Pianos Large Safes - Large Bectronics All Personol or wluoble items I4UST be rcmoved from atl fumiture pdor to instdllatlon fuE Eledronl6 musf 6€ disco nnected prior to ltrtl/lollation dotu- Cu$orn€r is respons{b le reconnecting aA ebdronks. 14& ore oot respomible fur ony stripped volves or ruater leatr We are not rcsponsib,le for ony fumiture dornage.

Toilct tr Pedestll SInk lEA $0.00 5q00 Wb will .emove and reset existing toilet or pedestal sink lf our client wants us to install 8 ne!r, toilet they must hBve it assembled and ready for us to install it lncludes a new wax ring and caulking. Doar nof tndude ony addltloaal plunbfu lf neeM Custo rar mdiqlall tqll.ts.

Mo\r€ Appllmces r EA 10.00 to.oo Customer moving all appliances. The customer is responsible for A,LL plumbing & uaderstands Atomic Cohstruction is not responsible for any water leak gas leaks or damag€. DcfirrEry of 6oods 1EA tS(xr()() troeoo Delivery and unloading of all materials from our vendor to our warehouse and to thejobsite. (tf we are picking up client materiah our delivery fee is $199 Per pick up hcation)

Deliver All materiaH

lile Floors Total 139,219.44

Fireplace

CeramlG.rPor:eLln Tlh gosoFr t'1119 11,01410

This is the ameunt oftile needed for Fireplace walls.

Millenium clem 6x24 Ledger. Bedrosian. Miller,rriu..r. Crez;t:6";r 24" Ledger i9,eCts'i:n: rile I S:i:r,e Ctl?mldPorrdain Tih 1osQFr f329 l32jo

This is the amourt of dh needed for Fireplace Hearth.

2" x 24" Porcelain Rustic Stone Charcoal. Monteney '[ile.

ahar'.ozl I l',looter1r.y Tile ComPa'f i'

Grout and Thinset 90 SQFT S1.S0 1135.00 llile will be pmviding groul We will also provide thin-set cstain tiE tequires specific grout / thinseL Gmut color - TBD

Hildl Backer 90 sQFr $3.00 $270.00 Hardie board / Cement Backer Board is installed behind tile around the fireplace. Com€s in a Square Foot SheeL

Hardic Backer Cement Boardlng 9osQB szoo $18Cm hstalling of Cemeht Backer Board only-

Tile - Firc Plae llllalk "SEckstone' goSQFT $24.00 $a160n0

lrrtallation of tile on fireplace walls only. How HIgh - up10 the ceiling. '12 feet high-

rreplaceTotd $3,81200

Master Shower.

Spccial Instructions! l EA 10.00 10.00 Special and detailed inntuctions will be listed to ensure Atomic stays on the same page as the customer. Please Read carefully! Magma Construstion is responsible for Demo of existing Shower walls and tile, fi'aming in new shower wall to spec Atomic will install all Hardie Board. Waterproofing, Rubber Shower Pan Liner, Ile Sd uter trim and grout

Ccramk/Porcclain Tih 2s5 SQFI $5,29 i1.r483s This is the amoufi of tile needed for Shower walls and tub sunound- T1-= 12x36 Lurury cream tile. Monteney Tile, r, eAni ae(o I 1,'ltr.1(:re'l' I ,{e L!lrri.!,!)'

C*anrlc/Forrelaln Tlle a,ssQFr $529 421835

This is the amornt oftile needed for ac€ent walL

T2 = 12x36 l-urury Cream 3D Art Deco Monten€y Tile.

Cream Deio I lronl€rrey Tile CDmpany

Ctl.mlc/Potrcltln TUc 29SQFf $16-99 tA9Z71

This ls the amount of tile needed for Shower Floors T4 = 12x'12 Mesh Mount Porcelain Purestone. Bedrosians

Grout rtrd Thlnlet I26SOF $1J0 J,l89-00 We will be prwiding grout and thin{et. Laticrete Spectraloc 1 - color TBD for shower walls. lah-crete Sp€ctraloc 1 - color TBD for showet floors-

HE di Bad..r z.losoFT la00 J48&d)

Material Needed for walls in showers. 1/2" used for walls and produd comes in 15 sqft sheets.

Red turrd \ rterprodfng lot tilE 3 6AL $6s.00 1195.00

RedGard 'l Gal. Waterproofing and Crack Prevention Membrane. 1 Gallon covers approximatley 60 sqft. Hardie Bacbr Ccmlm Eoardlng 240SQFr $200 tt8a.00

Labor- tnstall hardi-board for utalls and/or floors on znd hvel

lnst ll SdrlutGr Str{ps 64 rF $r.50 t9600 We will be installing Schluter strips to areas with the tile side area exposed. Shower clrb, shampoo niche edges, and any other areBs til" sides are exposed-

Tilc - lrct ll Show6r Walls 240SQFT t2100 s5,280.00

WE will be installing tile to the shorer walls aM ardrnd freeslanding tub srnound 9.8 feet high on back wBll c:nied sbaight out, Do not follow cedrng line- * (ustomer doing all demo including moving the drain lowering the concrete floordown to accommodate a curbless shower and ,raming the u€ll5.

Tile - lnstall Shsmpoo Niche zEA 1200.00 J.|00,00

Location - Left wall ' A '. Side by side/ Height - starting at4 feet high, niche is 24" tall. Trim - Schluter trim.

B.nch "Custom Slre' 1 EA tm0.00 t2m00 Back le{t comer.

Tih - llxtdl Shmrer Pan I EA $425.00 l4z\m

Drain Localion Berk coiner. Post Tension Sab - NA curuess. Tiie-- lnstall Shomlar Fhors 2gSQFT t16.S tlSt8

We will be instalting tile to the "Shower Floot'' slope towards dnin

lvtst€r shorrrs- Tohl $1 0,61 1 .91

Xltchen Bacleplash. Ccrrnlc/Potelain Tih 1@SQFT $1839 tl,ES9.00

This ic the amourrt c{ tile nccded {or t}'e Ktchc" Ea<,ksploL

Tlle Shop Queen Beige Tumbled Malble Subway Tlle. SKU #65O456 Queen Beige Tu bled i\,'larble Walianii Floor Tile - I )i 5 ir. - llle 1!i€ shcp

GroutardTlM zEA frs-00 t15000 We will be providing grout and thirset.

Grout color - TBD

Tila - Backsplash "Ught Pattem, Glsss' or suburay' 1oo sQFr $19.00 $1,9txro0 Ar€as to be instalhd- Kitchen backplash including butleB pantry and the bar.

Krtdlen Badcplash- Tobl $3,949.00

tubtotal $76s2.35

T6r6ble sut total 129585.99

Tax 92% te721s1

Total $60,371"26

PLEASE READ IN DETAIL AS INFORMATION BELOW IS IMPORTANT 1- Our EXPECATIONS form was creEted to ensure customer and Atomic enter into En agreement with like understanding and good communication. Customer understands and agrees with the expectations outlined therein. Do not pay your dGp6lt ul ll you have revlcwcd this document The Expectatlon sheet is hereby incorporated by reference into the Contract detaih. 2. All warranties on produsts sold are provided by the manufaGturer. Atomic Flooring makes no warranties expressed or implied on any product sold. Any claim arising ftom the producB sold murt go through manufadrr€r. By signing below customer acknov'iedges receiving the manufactur€r warranty booklet or information available online on all producG purchased-

3- Customer acknowledges and agrees to a 35% r:stocking rharge on all cancelled or changed (even iust the color as an er(ample) produd orders lf crncGllcd in w?iting wtthln (3) d.]rs. 4. No cancellations, returns or changes to product choice after (3) days of estimate apprwal can be guaranteed. 5. No retums available for open boxes/bundles/canons. Product is sold only in quantities offered by the manutacturer. As such, a small amount of "extrd product" may be required to ensure proper amount for installation, including a waste factor, typically 10%, and possibly a small amount leftovet lor hrture use by customer.

5, h@Cgl_tglEC are as follows- Fifty percent (50%) of th€ Estimat€ total including tareE is due upon ac(eptance of the estimate. Please note thal no materialwill be ordered, nor will installation be scheduled priorto deposit being made, The balance of any lnvolce must bG prH betore iEtalte. leaves premises on th€ flnal day of illst llation. lf the balance is not PAID lN FULL on the date due, the customer herdby acknowledger and agrees that re.Eon He late fG.. wlll bG iiroti".d * a rat ot fl(xLOO p.r d.y- Customer expressty authorizes Atomic Construction, LLC to charge any credit card used for previous payments made toward the invoice(s) associated with the estimate for arry remaining balance owed upon completion of projtcL

7. DISCOUNTS - we strive to provide the best possible pricing. Horrmrcr. pbase be.wat discounB csnnot be comblned.

Flnanclng optlon- lf you may be lnterestcd ln financlng your prolect please cll& on tla folhwlng llnk to lcarn more I ldtps:rapp.getlrear,-com/partners/atorqi€-.enstructi6llkJistia,/apply. Wr also offer flnancing thtough W.lla Fargo - ask your a;t&nator ! HPLElJt I{01I. lDfun wha fu azdllt cord atwrrr tdll b M an ffinhnol l.0 % 0f lrr tffil lnroira lhis m$ helps mrcr those fees Atomlc is chorged fot thts servl@.

Plc.r. br lvr.tc drfilft! prctctty curtlr }!r tft. ght tc flc.urtttclr compHm !'C$ fh! rtgl#lr for m rlh!.d ylchlon of ARS !!(t{cl|:U-,i5a. $bt!c$m A Any cortlphlrltr m{rl bt lrrrdt wlthln tha rFpli..H.tlm. F.riod ...etroyth in s.<d..:Xl-115S, lub3.dql A R.gLtr.r ot Co{rlr.Gto6 cont*t Info: (p) 6lr:L5,12t525 /roc.rr-gov Change At;rit q9NSiRl)gTlA0l fummf rmtY- 8ttltryoF Ylsttlolf Order Change Order Number: Atomic 003576-1 Construction Change Order Date: May3,2023 Lic. #: ROC 324846 Change Order Expires; 15420 N 67th Ave. May 27,2023 Suite B Glendale, AZ 85306

(623) 322-4558 Customer [email redacted] Robbie Chima www.atomicaz.com (Magna Construction) 10070 E Charter oak Rd Scotttsdale, Az 85260 (916) s21-8040 robby,magnaconstructi [email redacted]

DESCRIPTION PRICE lo*'.. Floor Prep Ghange Order,

Floor Prep $1,s00.00

Floor prep was needed after removing existing floors.

Isolation membrane installed on top of allthe cracks in the concrete.

Grinding the high spots, leveling on the low

Labor $8oo.oo

hfi pE:l/porial.pro,ut.cox.,l352eaib1 -6411-,t4jE _ ec2 2 -675S-cr_2e24Ol 5;?g/23, 10:1t rtrJ Fage 1 c{ ? @i{Ui.Lbooks" Payment receipt

You paid $20, L24.75 to Atomic Construction, LLC on tl23l2023

Invoice no. 003986 Invoice amount $2O,L24.75 Total *20,t24.75 No additional transfer fees or taxes apply,

Status Paid Payment method Bank Authorization ID ARDRDT1Z

Thankyou

coirltFucl.ror. ,r -rrmll-m$lrr$00n

Atornic Construction, LLC +1 [number redacted] -wwur atomicaz.com I [email redacted] ROC# 324846, Glendale, AZ 85306 Paym ent services brought by: For more informati0n about Intuit Intuit Payments Inc. Paymen ts' money tra nslission 2700 Coast AveDue, MounLain Iicenses, please visit \riew, CA 94M3 https://www.in tuit.con/leoal/Iicen ses/pavment- Phoae number 1-888-536-4801 licenses/- NMLS #1098819 rniurf @ qut ckbooks Payment receiPt

You paid $20,L24,75 to Atomic construction, LLC on [number redacted]

lnvoice no. 003988

lnvoice amount $20,124.75

Total $20,124,75 No additional transfer fees or taxes apply'

Status Paid

Payment method Bank

Authorization lD AROJLPZg

Than k yo u

coiarrilEfiaar nffifrr(E-ftufirlBlm

Atomic Construction, LLC +L6024662299

www.atomicaz.com I [email redacted] 6839 W Pershing Avenue, Peoria, AZ 85381

Palment seruices brought by: For more information about lntuit lmlit Payments lnc. Payments' money transmission licenses, 2700 Coast Avenue, Mountain View CA please visit 94043t https:/ A,ww.intuit.com/leoal/licenses/pavrnent- Phone number 1-888-536-4801 licenses/. NMLS #1098819 Y Gmail Lisa Chima <lisa,[email redacted]>

Invoice 003987 from Atomic Construction, LLC 'I message

Atomic Construction, LLC <[email redacted]> Tue, Aug 15, 2023 at 6:48 AM Reply-To: [email redacted] To: [email redacted] Cc: [email redacted], [email redacted], [email redacted], [email redacted]

INVOICE 003987 DETAILS

Afa" Atomic Construction, LLC

DUE01l1712023

$19 ,837 .25 Review and pay

Dear Robbie Chima,

This is your FINAL invoice for Estimate # 3576 13576-1. PLEASE NOTE - per the approved contract late fees will accrue at a rate of $100/day if not paid today in full. Please call Kristin directly with any questions.

Thank you for choosing Atomic.

Please feel free to call us with any questions. fax $o.oo

Total $19,837.25

Balance due $19,837.25

Review and pay

Atomic Construction, LLC

6839 W Pershing Avenue Peoria, AZ 85381 US

+1 [number redacted] a d m in @ato m icaz. com

lf you receive an email that seems fraudulent, please check with the business owner before paying.

@il'tiictuoots

Dear Robbie Chima

Thrs rs your FINAL rnvorce for Estrmale * 3576 13576-1 PLEASE NOTE - per the approved contract late fees will accrue at a rate of $100,'day if not paid today rn full Please call Knstin drrectly with any questions

Thank you for choosing Atomic

Please feel free to call us wrth any questrons

We sincerely thank you for your businessl Atomic Construction. LLC 602 466 2299 (office) 480 430 1356 (cell for scheduling - Adam Galor) Exhibit ll ,t Llsa Chima <[email redacted]> JYI Gmail Please confirm mossages

Thu, Aug 17, ?023 al 2'.51 PM Krlslln Rooney <[email redacted]> To: Liaa Chima <lise,magnaconstruc'[email redacted]>

Lis€, per inlhna invoice nas been sent three days in a rou, now. We waited to send and did not charge late fees avallable cleaning fee we orrronmA ,r*lt Robbie indicated ill was good. ln good faith we also deducted the totally unreasonable ;,}]"gt!|[-j tGmp[ in order to be dl-one with flris project onc€ and for alt. We would like to be paid timoly and paid in full. cannot Giv6 tfre hto foes at this point. They will oontinue to aco-rue until

you ouvs ireld firm to tre chanqe order not being in wriling on the other contact despite theverbal authorization and r"fui; 19 p.y, W" ar" sirpfv'i'rofaing to our coitract in tFis case,. Thank yan for your anticipated cooperalion

k4? Krlstln Rooney fromlc Construetlon (R.O.C# 324845) 5124 Norllr 19ft Avenue PhoenbG AZ 85015 602.450.2299 (Valley wldc) 823.322.4558 (West valley)

Llsa Chima <lisa,[email redacted]> Sat, Aug 19, 2023 at 1:25 PM To: Kristin Rooney <k [email redacted]>, Luke Mifflin <[email redacted]>, '[email redacted]" <[email redacted]> Cc: Robby Chima <[email redacted]>, Geneal Chima <[email redacted]>

Kristin,

Both Adam and Luke ars fully aware of all of the issues witr this Charter Oak project, but lwill restate so that you are in the loop.

lJFjrad€d Grout lnatall This client paid for upgraded grout and paid extra for the labor to install h coneclly. There were two issues, the grout was oxpired which was Bedrosians fautt, and your workers did not lnstall lhe grout conectly per instructiohs which creat€d the hazing issue which ls Atomic's faulL The dient will not b€ paying th8 $2500 for the extra labor to install the upgraded grout for the r€asons outlined above,

Haze Cleaning Robby asked both Adam and Luke what they wanted to do whh regards to the ha2ing. They ssid that they didn't have the labor to get it cleaned so that lefi us no other choice, but to make sure the cleaned and haze free according to industry standard. The cleaning and redeaning of the haze was not completed until Wednesday, August 'l6th and is stlll waiting for client revie#fnal walk. The total oost indrrred to clean and remove the haz6 wlll be deducted from your final invoice. (See the breakdown below for coEt incunBd to date) Th€ client is doing a finalwalKhrough on Monday to approve he haz e removal-

Tile Cracks and Chhs There's one cracked tile thal happened when your workers were removing the grout. {Soe attached pic) There are many chipped tiles, of which, the homeowners are only asking for the extremely damaged ones to be replaced; he said he'lljust live with the other ones. We feel this is very reasonablo considering all of the problgms he's had getting this fiooring completed.

q@ega Claus€ ln May we had the conversaticn wittr Luke and Adam about &e $5,0001mo damages clause that we have with the homeowner if the iob is not finished on time (See attscied email to Luke), W€ asked both of them to get with Bedrosian's and have that paid to you and in bJm you wouid pay us since both the expired grout and hazing iEsues were definitely going to oause the projeot to be delayed. Our olient has alrcady taken this off of what h€ owes to us. We will be deducdng lhis lrom your final invoice.

a 9(!8 ED Crlrko*lroiod-rhgt Odira.i wrth Hqr@rE ae o .i.r,;\':s t q i

H-* lbigbft tf 6!i6r-r-r-*ir.'k f.o..tr! i.r4La& nir.,

Fumiturt Repalr Also, your workers-drug an ofiice desk on its side and scratched the entire side of the desk. lts e g3,000 desk, The cllent is stating itwill be $500 to fix the desk. This will be deducted from the finat invoice.

Tile Gleanlng Breakdown .3E.165

tabor for 6 days, 2 workers (96 hours) - $7,200 CNeaning Macfiine Rental - $605 Sfipping agent and scrub pads - 9160

The total above for slldeductions comes to $16,165, which does not indude replacing ofthe cracked and chipped tiles. Please forward an invoice for the final amount owed to you of Tnank youi $3,g87,2S. Usa Chima, Magna Construction

[Quoted texr hidden] Exhibit lt t, C lYl Gmait Lisa Chima <lisa.magnaconetruc{[email redacted]>

Fwd: SL1 Haze Removal messag€

Robby chlma <[email redacted]> Fri, Jul 2'1, 2023 at 10:41 AM -,o: Geneal Chima <[email redacted], t-isa Cf,irna .lisa,[email redacted], adam@alomicaz'com, [email redacted]

--_- ForwarEle€! massage Fmm: Nlchol3s Fratarcangali---- ll <[email redacted]> Date: Mon, Jul 17,2023 al7:02 AM Subioct SL1 Haze Removal To: [email redacted] <[email redacted]>

Good morning and pleasure opeaking with you,

Please see the attached instruclions for removing SLI haze v'/th Sunnyside's Multi Stip Advanced'

'tf within 24 hours, SPECTRALOCK 1 Pre-mixd Grout haze can typically be removed with a "magic eEsef or whiie nylon scrub pad dampened with cleaned water. ln a circuhr motion start to lighdy scn:b the surface to remove the grotrt haze. Use a clean damp sponge or microfiber cloth to remove the haze rcsidue that would be broken up by the scrub pad. lfthe grout haze is present after 24 hours but within 72 hours a whit6 nylon scrub pad dampened with a solvent (i.e. Acotone) can be used. However, if the grout haze is leff on the sudace for greater than 72 hours, a stronger cfean may be necessary. We recommend the use of SUNNYSIDE@ |\,4ULT|STR|P ADVANCE or a D-Limonene based cleaner (e,9, L&Mrtr CITREXIT\r). Allow the liquld to sit on the surface of the haze for a for 5 to 30 minutes and in a small oiroular motion, applying pressure, pass over the haze with the white nylon scrub or scouring pad. The haze should siart to release from the tiles and can be removed with a chaned damp sponge or micrEfiber doth. For larger aGas, a floor buffing maciine equipped with a white pad can be used. Always conduct a iest area to confirm that the liquids and pad usod will not affec{ the lil6.'

I hope this information helps.

BeBt rogards,

Nlcholas Fratarcanget I Technical Services ReprEsentativa ll

Tel. +1.203.3S3.37461 Cell. t1203.378.4119

IATICRETE lntematlonal, lnc. I Globally Pmv€n Construction Solutions

one LAICRETE Park North I Bothany, CT 06524-3423 USA

As a professional courtesy, LATICRETE lntemationat lnc. (LATICRETE) offers tednicat services tee of charge. LAIICRETE does not hava sny express or implied cortractual obligation or duty to provido lhosB tedlnical seruices. The user mainhins all responsibility for verifuing the applicability and suitability of the t€drnical service or irformation provided. Moreover, technical service site visits and consultations by any LATICRETE representatives do not sonslihjE elpress or lmplied aFproval of product use or other conslruction means or methods. By providing iechnlcal seMces, LATICRETE does not perform any duty owed by the user to any thlm party, and no third party should rely on LATICRETE providlng technical servlces. Disclaimer The informauon contained in thls communicauon frsm the sender is csnfidenual, it is intended solely for use by the recipient and others authorized to re.eive lt. If you are not the recipienE you are hereby notified that aRy dlsclosure, copylng, dlsbibution or Aking adion in rehtion of the contents of this information is stricuy prDhibited and may be unlawtul. Exhibit u tt M Grnail Lisa Chima <llsa.magnaconstruction@gmail,com>

Gharter Oak ProJect - Magna Gontract with Homeowner message

Lisa Chima <[email redacted]> Tue, May 30, 2023 at 2:38 PM To: LukE Mifflin zluke@atomiea:.eom: Cc: Robby Chima <[email redacted]>, Gensal Chims <[email redacted]>

Gooci aftemoon, Luke,

Att8d|ed are the portions of our contract with the homeowner dthe Charter Oak proiect that address timelines and liquidated damages. Please lst us know what Adam says with regards to disc'ussing with Bedrosians the timeline issue they trave oaused and relmbursing the $5,000 ttrat the client 's drarging for extending the deadline. Thank you!

Best rBgards,

Lisa Chima

fil Lif im920230530_, 43239e9.pdf 57EK 4. CHANGES TO SCOPE OF WORK! Owner may make changes to the Scope of Work. including changes to the dnwings zurd specifications, l'rom time to time during the Charter Oak Remodel. However, any such change or modification shall only be made by written "Change Order" signed by both parties. Such Change Orders shall become pan of this Contract. Owner agrees to pay any increase in the cost of the Project as a result of a Change Order and Contractor agrees to reduce the Contract Price if the parties agree to a reduction in the Scope of Work.

Notwithstanding the foregoing. Contractor may, at his sole discretion. decline lo perform any extra or changc ordcr work- All Change Ordcrs must includc the following in writing before any relat€d change order work is begun:

I . The scope of work associated with the Change Order 2. The amount to be added or subtracted from the Contract 3. Thc affect thc ordcr shall havc on thc Progress Paynents and Complction f)atc Owner acknowledges that if he requests changes to the construction sequence schedule. then such a request may require a Change Order.

5. WORK SITE: The Chaner Oak Remodel shall be performed on the Owner's property lmated at 10070 E. Charter Oak Rd., Scottsdale, AZ 85260 (hereafter "the Work Site"). Owner hereby authorizes Contractor to commence and complete the usual and customary wort on the Work Site zs may be requircd in the judgment of the Contractor to complete the Chaner Oak Remodel. Unless called for in thc Scope of Work. no landscaping. finish grading, filling or excavation is to be perlbrmed at the Work Site by the Contractor.

ln the event that there exists unknown physical conditions at the Work Site of an unusual naturc differing materially from those ordinarily encountcred in work of the character provided for in this ConEact, Contractor shall promptly advise Owner ofthe existence ofsuch a condition. and prior to remedying the condition, the parties to this Contract shall equitably adjust thc Contract using thc process described in Section 4: Changes to Scope of Work.

Contractor agrees to make all efforts to ensure that materials. equipment. vehicles. or any other objects shall not b€ placed on. driven on, or stored on the artificial turf located on thc Work Site. Contractor agrccs to tapc offanificial turf to alcrt construction crews and ensurc nothing is placcd on top ot'it.

6. TIME OF START AND COMPLETION: Contractor shall commence its portion of the work to be performed under this Contract within 45 calendar days ofthe arrival ofthe cabines, sliding door, and windows as ordered ("Commencement Date") and shall substantially complete its work within calcndar days olwork commcncemenr ("Completion Date"). Contractor shall not be liable for any delay due to circumstances beyond its control including strikes. casualty, acts ofGod. illness. rnjury, or general unavailability of materials.

LIQUIDATED DAMAGES: Il Contractor withdraws fiom or tcrminates this Contract for any reason prior to thc scheduled Commencement Date defined in Section 5, Contractor shall pay liquidated damages to Owner equal to thc First Payment and any Progress Payments made to date.

A,D Prior to the Commencemenl Date, Conractor shall pmvide Owner with a timeline of the work to be completed between the Commencement Date and the Completion Date ("Timeline"). lf after the Commencement Date. Contractor fails to make material progress on the Timeline for a period of l4 calcndar days, Contractor shall be deerned to be in breach ofthe Contract and shall pay to Owner, as liquidated damages. an amount equal to the last installment payment made by Owner plus 20%.

lf Contractor fails to substantially compleic thc Chaner Oak Remodel by thc Complction Date, Contractor shall pay to Owner liquidated damages in the amount of $5,000 for every 30 calendar days in cxccss ofthc Complction Date.

If Owner withdraws from or terminates thrs Contmct for anv reason prior to the Commencement Datc. Owner shall forfeit any payments made lo Contractor as Iiquidated damages.

It. PERMITS: Contractor shall apply for and obtain such permits and rcgulatory approvals as may be required by the local municipal/county govemment. Owner agrees to pay for all costs incurred for obtaining such Permits.

SOIL CONDITIONS: Connactor shall have no responsibility for the condition of the soils at the Work Site. Any excavation, filling or other work required by the Owner other than the usual and customary cxcavation and grading shall be agrecd to in a Changc Order for an amount in addition to the Contract Price. Contractor shall not be responsible for any damages suffered by Owner as a result of the soil conditions at the Work Site.

10. INSURANCE: Contractor warrants that he maintains general liability, workers compensation and builder's risk insurance that covers the Charter Oak Remodel Scopc of Work in Scottsdale, Arizona.

Contractor carries commercial general liability insurancc written by Buildcrs and Tradesman lnsurance Services with coverage limits in the amount of Sl,000.000 per occurrence. The contact agcnt for this insurance is Noah Lewis Insurancs Scrvices at 408-56tt4l 13.

hior to the commencement of any work done by subcontractors on the Charter Oak Remodel, Contractor agrees to deliver to Owner a Certificate of lnsurance for each subcontractor that shall perform work at the Work Site.

I t. SURVEYANDTITLE: lf the Scopeof Work includes areas near the Owner's propcny boundary, Owner will point out propcrty lines to thc Contractor. If the Owner or Contractor has any doubt about the location of the property lines. Ovvner shall provide Contractor with boundary stakes through a licensed surveyor. Upon request by Contractor, Owner shall provide Contractor documentation that Owner has title to the Work Site and shall provide Contractor copies of any covenants. conditions. or restrictions that affect the Work Site.

12, Section l2 deleted as agrced by Owner and Contractor.

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May 8th - small test area was done by the good installer just to see how the grout would look. lt was the next day that the out of date grout was laid down in the kitchen and den area

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May 10th - just for reference. the good guys were still laying tile (maybe they hadn't installed the old grout yet)

May 11 - discoloration in den area grout right outside my office

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May 11 - different shades of old grout

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May 15 - this is the day things went from bad to much worse. This is a photo of the area Adam 'tested' using a dremel and WATER - which ibelieve led to reactivation of the grout resin that dried and bonded all over the tiles.

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lvtay 15 - a video and a wider photo of Adam's test area

May 18 - looks like all the grout had been removed. I

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May 18 - looks like allthe grout had been removed.

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r May 18 - here's a pic of the guy that replaced to good installer. things contnued to get worse with these guys

I did discuss the grout Removal procedure. Adam did confirm our conversation in regards to the removal of the grout and using the water. The water will not reactivate the epoxy in the grout and any tiles that are damaged in the process will be

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May 29 - from our text messages I+

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June 2 - after I mopped the floors and discovered the grout haze problem. recall that I mopped it so we could make sure we identified what would end up being 38 cracked tiles

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tIl July 21 - After 6 weeks of no response from Atomic (aside from the day that 'Big Somebody' told the tile guys to use Acetone when I had already reached out to Laticrete to discover their chemist recommended the stuff from Ace Hardware), I arranged to have Logan clean the tiles.

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May 28 - Of the 38 tiles that I marked, the guys removed my tape and replaced only some of them.

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June 6 - The show must go on - cabinets get delivered

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July 8th - more, but not allcracked tiles being replaced

July 12th still major grout haze on tiles

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July 20th - the'professionals' come out to remove the grout

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July 29th - Here's a picture of all Ace Hardware locations that each have two 112 gallon containers of the grout removal substance recommended by Laticrete a 6) I

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July 29th

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t REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Atomic Construction LLC, Case No. 2023-13073 COMPLAINANT, v. Robby Geneal Chima ORDER DENYING REQUEST TO DBA: Magna Construction , DISMISS License No. ROC 337352, RESPONDENT.

BACKGROUND On December 4, 2023, the Registrar issued a citation against Respondent’s License No. ROC 337352. Respondent filed its Answer on December 19, 2023. The Answer included a request to dismiss the citation and close the complaint. ORDER IT IS ORDERED that Respondent’s request to dismiss is DENIED. The issues underlying the Citation and Complaint are best suited for presentation before the Office of Administrative Hearings. Respondent is free to raise the arguments and defenses presented in its request to dismiss before the administrative law judge. A Notice of Hearing will be issued in due course. Dated January 2, 2024. By: /s/ Robert Stirling Robert Stirling Assistant General Counsel Legal Department Arizona Registrar of Contractors

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg127 5/21 Copy mailed via USPS First Class mail January 2, 2024 to:

Respondent(s) Robby Geneal Chima DBA: Magna Construction 2349 W Impala Ave Mesa, AZ 85202 Complainant(s) Atomic Construction LLC 6839 W Pershing Ave Peoria, AZ 85381

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. 2023-13073/ MTH

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg127 5/21 Mediation Notice

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

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