2023A-13357-CHC-ROC Notice of Hearing and Packet MAILED

2023A-13357-CHC-ROC · Registrar of Contractors · 2024-02-29

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Randall Irvine , Case No. 2023-13357 COMPLAINANT, Docket No. 2023A-13357-CHC-ROC v. NOTICE OF HEARING ON CONTESTED CASE Bill's Pool Service Inc DBA:Money's Worth Pool Construction License No. ROC 127739

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

April 3, 2024 9:00 AM Amy Haley Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

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

You must attend this hearing. This is an adversarial hearing before an administrative law judge, and is conducted in a similar manner as judicial proceedings. Thus, you must be prepared to present evidence, including witness testimony and documents, in support of your case.

STATEMENT OF LEGAL AUTHORITY AND JURISDICTION The State of Arizona has determined that the licensing and regulation of construction contractors is a proper state function, and has vested authority in the Registrar of Contractors

to administer Title 32, Chapter 10 of the Arizona Revised Statutes. A.R.S. §§ 32-1101 et seq.

All hearings for alleged violations of Title 32, Chapter 10 are conducted under Title 41,

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

The statutes and rules governing the hearing can be found at: Arizona Revised Statutes §§ 41-1092 to -1092.12, and Arizona Administrative Code R2-19-101 to -122. PARTICULAR ARIZONA STATUTES AND RULES INVOLVED The statutes and rules the Respondent is alleged to have violated are cited in the complaint and citation, which were served on the Respondent on February 15, 2024.

SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED The complaint and citation allege that the Respondent committed the following act(s):

Charge: 1 A.R.S. § 32-1154(A)(3) - R4-9-108(a)

Charge: 2 A.R.S. § 32-1154(A)(17)

Charge: 3 A.R.S. § 32-1154(A)(22)

THE PARTIES TO THE ADMINISTRATIVE HEARING Because Respondent is a licensee and is charged with an act(s) or omission(s) that is

cause for the suspension or revocation of a license, Respondent is a party to this case and will

be a party to the hearing.

Because Complainant alleged Respondent committed an act(s) or omission(s) that is cause for the suspension or revocation of a license, Complainant is a party to this case and will be a party to the hearing. Respondent and Complainant, as the parties to the hearing, will present evidence and argument to the administrative law judge. The Registrar’s assigned investigator will appear as a witness at the hearing.

RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney. A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented

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

1156(B).

CHANGE OF ADDRESS Each party must inform the Registrar and the Office of Administrative Hearings of

any change of address within five (5) days of the change. A.R.S. § 41-1092.04.

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

to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and processes governing the administrative hearing. Copies of the statutes, rules, and articles

regarding the administrative hearing process can be found at https://www.azoah.com/.

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

The Registrar’s investigators, employees, and attorneys will appear at the hearing via

video conference or telephone unless requested by a party to appear in-person. Requests for

the Registrar’s investigators, employees, or attorneys to appear in-person must be filed with the Registrar and the Office of Administrative Hearings no later than seven (7) calendar days prior to the hearing date.

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

SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS The parties to the hearing must be prepared to present evidence in support of their case. If a party wants to obtain testimony from a witness or documents not in the party’s possession, the party must prepare and file a written subpoena for the Administrative Law Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com. The party seeking a subpoena must serve notice on all the parties to the hearing, and on the Registrar. A.R.S. § 41-1092.04.

DISCLOSURE STATEMENT At least seven calendar days before the hearing, each party must prepare and serve a

disclosure statement on all other parties, and file it with the Office of Administrative Hearings.

A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the

party will use at the hearing. A party’s failure to timely disclose any witness or exhibit, without good cause, may result in the administrative law judge excluding those witnesses or exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is available on the Registrar’s website at https://roc.az.gov/forms/RC-L-800A%20- %20Prehearing%20Disclosure%20Statement%2020191007v4.pdf

CHANGING THE HEARING DATE The date of the hearing may only be advanced or delayed on the agreement of the

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

be changed by filing a written agreement of the parties to change the date of the hearing. The

written agreement must be filed with the Office of Administrative Hearings, directed to the

assigned Administrative Law Judge, and transmitted to the Registrar and all other parties. The

assigned Administrative Law Judge may be found on the Office of Administrative Hearings’ web portal at www.azoah.com If a party would like to move the date of the hearing without agreement of all parties, the party must file a written motion with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmit a copy to the Registrar and all other parties.

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

RESOLUTION SHORT OF ADJUDICATION In any case which is resolved or settled by the parties, or which is withdrawn by the Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of the resolution or settlement. Any such cases will be listed on the Registrar’s website and its records under the category: “Closed Complaints – Resolved/Settled/Withdrawn.” Dated February 27, 2024.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail February 27, 2024 to: Respondent(s) Bill's Pool Service Inc DBA: Money's Worth Pool Construction 515 E Carefree HWY PMB 356 Phoenix, AZ 85085

Complainant(s) Randall Irvine 27801 N Desierto Dr Rio Verde, AZ 85263

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. 2023-13357 /

Katie Hobbs, Governor Martin Quezada, Director

Hearing Packet FAQ What is the Hearing Packet?

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

Who gets the Hearing Packet?

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

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

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

What is in the Hearing Packet?

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

● Original complaint;

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

Katie Hobbs, Governor Martin Quezada, Director

● Citation; and ● Answer.

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

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

What if there are documents missing from the Hearing Packet?

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

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

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

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

Katie Hobbs, Governor Martin Quezada, Director

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

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

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

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

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

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

Complainant: Randall Irvine 27801 N Desierto Dr. Rio Verde, AZ 85263

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Respondent: Bill's Pool Service Inc. DBA: Money's Worth Pool Construction 703 E Carefree Hwy Phoenix, AZ 85085

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 November 27, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-13357

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for January 9, 2024 at 11:30 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

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

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

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

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

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

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

CC: Respondent Complainant

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 January 9, 2024 2023-13357 JSI Photos

27801 N Desierto Dr Rio Verde, AZ 85263

P 1 P 2 P 3 P 4 P 5 P 6 P 7 P 8 P 9 P 10 P 11 P 12 P 13 P 14 P 15 P 16 P 17 Katie Hobbs, Governor Martín Quezada, Director

Jobsite Inspection Notes

Case No.: 2023-13357 Investigator: David Fagerburg #210 Inspection Date: January 9, 2023 Inspection Time: 11:30 AM

Complainant: Randall Irvine, Respondent: Bill’s Pool Service Homeowner Inc. DBA Money’s Worth Pool Not Present: Construction Not Present:

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

Investigator Notes: 1: Complaint Item 7 has been separated into 2 individual complaint items and will be addressed as Complaint Item 7a and 7b for clarity. 2: Upon reviewing the license history of ROC 127739 I am able to verify the license has been suspended intermittently beginning June 26, 2023 and is currently suspended as of January 11, 2024. 3: At this jobsite investigation both parties acknowledged that the project has been paid in full.

Compliant Item 1: Motorized Pool Cover not at job site and not installed / job unfinished and abandoned / Money's Worth Pools not responding - cover is not at the job site and is not yetscheduled to be installed. Investigator’s Observation: Verified. At this jobsite investigation I observed and am able to verify the motorized pool cover is yet to be installed. See P (3) and P (11) thru P (13). The respondent acknowledged that the motorized pool cover has been ordered but is unable to pay for the delivery and installation. The respondent shall complete the project per contract or resolve the matter by other means. Governing Rule: ARS §32-1154 (A) (1) (Abandonment), ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

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

Compliant Item 2: Irvine called Moneys Worth Pools numerous times to complete job and still not done. Investigator’s Observation: Verified. At this jobsite investigation I observed and am able to verify the pool project is incomplete related to the motorized cover. See P (3) and P (11) thru P (13). The respondent shall complete the project per contract or resolve the matter by other means. Governing Rule: ARS §32-1154 (A) (1) (Abandonment), ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 3: Irvine Called Cover Star (sub contractor who installed the guide rails and commissioned to install motorized pool cover) on 11/21/2023 and was informed they have the pool cover ordered from Money's Worth Pools but are waiting for Money's Worth Pools to pay for the cover and direct the timing for the installation. No commitment from Money's Worth Pools as of this filing date. ; Investigator’s Observation: Verified. This complaint has been previously addressed in complaint item 1. Governing Rule: No Action

Compliant Item 4: Heat Pump is not running - it is installed and hooked up to system, but not programmed to synchronize with the lntelliCenter. No commitment from Money's Worth Pools to remedy this problem as of this filing.; Investigator’s Observation: Not Verified. At this jobsite investigation the complainant acknowledged that this complaint item has been corrected by the respondent. Governing Rule: No Action

Compliant Item 5: lntellicenter systems installed but not functional - numerous complaints and requests to program system and put off response from Money's Worth Pools to program system. Investigator’s Observation: Not Verified. At this jobsite investigation the complainant acknowledged that this complaint item has been corrected by the respondent. Governing Rule: No Action

Compliant Item 6: Pool is sitting with no heat and no way to use the pool's electrical systems. No commitment from Money's Worth Pools to remedy this problem as of this filing.; Investigator’s Observation: Not Verified. At this jobsite investigation the complainant acknowledged that this complaint item has been corrected by the respondent. Governing Rule: No Action

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

Compliant Item 7a: Ruiz"s Pool Plastering, LLC, commissioned plaster subcontractor by Money's Worth Pools, filed twenty day lien notice through DAR_LIENS, INC. on property owners property on 11/15/23 for failure of Money's Worth Pool Contractor payment for their services. Juan Ruiz, Owner Ruiz Plastering visited Irvine Owner's house on 11/17/2023 to inform Irvine's that Money's Worth Pool has not paid for his services perfomed on October 2023. Investigator’s Observation: Not Verified. At this jobsite investigation I informed both parties that The ROC does not get involved in liens and the subcontractor may file a non- payment complaint against the respondent or the respondent may file a complaint against the subcontractor for poor workmanship. Governing Rule: No Action

Compliant Item 7b: Owners provided Mr Ruiz with proof of payment to Money's Worth Pools prior to his services being performed ( final payment paid in full check number 1806 written on August 17, 2023 and cleared bank September 25, 2023 endorsed by Money's Worth Pool). Investigator’s Observation: This is a statement made by the complainant that does not imply poor workmanship. Governing Rule: No Action

Compliant Item 8: On 11/17/23 Irvine Owners drove to Money's Worth Pool office and confronted William Griffin with the failure to complete services and informed him that a subcontractor he hired is filing a lien on our property for failure to get paid by Money's Worth Pool. William Griffin proceeded to inform Owners that he has not paid Ruiz for the pool services he performed at Irvine residence because he was not satisfied for another job Ruiz did for Money's Worth Pools. Appalled to hear this, Irvine Owners demanded that Money's Worth Pool pay his contractors since Owner has paid Money's Worth Pools in full for all services contracted. Irvine's told Griffin he is breaking the law by holding our cash and our job hostage to a subcontractor for a dissatisfaction of performance at a totally separate job. This is very concerning and we demanded he pay his subcontractors so they will not bother us due to Moneys Worth Pools issues unrelated to our contract. We do not have a contract with this subcontractor and therefor demanded to be released from this lien notice.; Investigator’s Observation: Not Verified. This complaint item has been previously addressed in complaint item 7a. The ROC does not get involved in liens or financial disputes. Governing Rule: No Action

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

Compliant Item 9: Irvine Owners paid all installments per the contract on time and in full for complete contract in amount of $78,791.26. Final payment was written on August 17, 2023 and endorsed and cleared bank on September 25, 2023. Irvine Owner paid all add on invoices submitted to Irvine Owners on- time and in- full, for all services in amount of $9,676.62 by August 17, 2023 and cleared bank by endorsement of Money's Worth Pools. ; Investigator’s Observation: This is a statement made by the complainant that does not imply poor workmanship. Governing Rule: No Action

Compliant Item 10: Travertine decking installation done poorly - uneven installation and lack of proper leveling resulting in random uneven settling of pavers - repairs needed to mitigate injury to feet of users. No commitment from Money's Worth Pools to remedy this problem as of this filing.; Investigator’s Observation: Verified. At this jobsite investigation I observed and am able to verify the Travertine decking installation is done poorly with lippage that exceeds 1/8” in numerous areas. See P (6) thru P (10) and P (12) and P (14) thru P (16). The respondent shall correct areas of lippage on the Travertine deck that exceeds 1/8” throughout by appropriate means, complete the project per contract or resolve the matter by other means. Governing Rule: ARS §32-1154 (A) (1) (Abandonment), ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 11: Paramount In-floor Cleaning System pop up valves are not performing as expected. Rotation of the valves is not functioning resulting in stationary movement. Correction needed. No commitment from Money's Worth Pools to remedy this problem as of this filing.; Investigator’s Observation: Not Verified. At this jobsite investigation the complainant acknowledged that this complaint item has been corrected by the respondent. Governing Rule: No Action

Compliant Item 12: Contractor damaged plumbing - attempted repairs are not satisfactory, resulting in air entering the system and bubbles expelled daily upon start up of pump systems. This is a cronic problem that needs correction. No commitment from Money's Worth Pools to remedy this problem as of this filing. Investigator’s Observation: Not Verified. At this jobsite investigation the complainant acknowledged that the damaged plumbing has been corrected by the respondent related to air entering the system and bubbles daily upon start up but is concerned about the way the damage was repaired and provided a photo of the repair. During this jobsite investigation I am able to verify the plumbing repaired by the respondent is currently not leaking, is covered by the Travertine decking and I did not observe any air bubbles. There is insufficient evidence to substantiate this complaint item. Governing Rule: No Action

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

Addendum Complaint Item 1: Baja Shelf is over 18 1/2” deep from surface to water level. We were expecting a “shallow” Baja shelf and due to the height problem with the pool. After the shotcrete was cured, we brought up the concern of the depth of the Baja shelf and Mr. Griﬃn said a standard Baja shelf is 9”-14”. We didn’t want a 18 1/2” shelf. Mr. Griﬃn continues to deflect saying the step in the corner created the Baja shelf as the second step. This is another example of Mr. Griﬃn selling us goods that we did not want. He is taking advantage of first time pool buyers but deciding what HE wanted and not what we wanted. We want this corrected. Investigator’s Observation: Not Verified. At this jobsite investigation I observed a pool filled with water with a Baja shelf approximately 24” from the deck elevation. See P (3). Upon reviewing the written contract submitted by the complainant I am able to verify there is no specification as to the depth of the Baja shelf from the surface to water. Governing Rule: No Action

Addendum Complaint Item 2: Lost landscaping and lighting due to damage from subcontractors. (See photos) Pool dig was not announce in advance, disallowing us the privilege to contact our landscaper in advance to remove and transplant several cactus, plants and landscape lighting. Subcontractor scraped the area and tossed all plants and lighting without mention to anyone. We had to ask about it and Bill knew nothing of it because he was not on the property the day of the dig October 13, 2022. Lost; 1 senitas, 2 agave large artichoke, 1 agave, 5 lantana, 5 bushes. Investigator’s Observation: Not Verified. Prior to and at this jobsite investigation the complainant provided photos without a date and time stamp of when the pool dig started and the area to be excavated with existing plants and landscape. Upon reviewing the written contract submitted by the complainant I am able to verify there is no specification that the existing plants and landscape would be transplanted by another contractor prior to excavation for the pool. Governing Rule: No Action

Addendum Complaint Item 3: Plumbing contractor damaged agave plants and high centered his truck on landscaping boulders causing irreparable damage to the rock. Lost: agave Century plant very large, damaged landscaping rock. Investigator’s Observation: Not Verified. Prior to and at this jobsite investigation the complainant provided photos without a date and time stamp of a white truck high centered on a landscape boulder with plants near the boulder. I am unable to verify whether or not the photo provided by the complainant is the respondent’s plumbing contractor’s vehicle, when the photo was taken, the location or who the truck belongs to. Governing Rule: No Action

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

Addendum Complaint Item 4: Rebar subcontractor backed over path lighting with trailer and did not notify owner or contact Mr. Griffin. Lost: 2 landscaping PATH lighting. All losses are estimated at $1,500 replacement value. Investigator’s Observation: Not Verified. Prior to and at this jobsite investigation the complainant provided photos without a date and time stamp of a path lighting post that is laying on the ground at the entrance to the driveway. I am unable to verify whether or not the photo provided by the complainant is the result of the respondent’s rebar subcontractor backing over the path lighting, when the damage may have occurred or who is responsible for the damage. Governing Rule: No Action

Addendum Complaint Item 5: Heat pump wiring not connected to a breaker at the pool control box and terminates with wire nuts. Investigator’s Observation: Not Verified. At this jobsite investigation I observed heat pump wiring connected with wire nuts inside the pool equipment control box. See P (4) and P (5). During this jobsite investigation the respondent stated that this is common practice and the wiring is connected to a breaker at the main electrical service panel. See P (17). Both parties acknowledge that final inspection was passed by the Maricopa County Planning and Development Department and the heat pump is operating properly. Governing Rule: No Action

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

Complainant: Randall Irvine 27801 N Desierto Dr. Rio Verde, AZ 85263

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Respondent: Bill's Pool Service Inc. DBA: Money's Worth Pool Construction 703 E Carefree Hwy Phoenix, AZ 85085

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 January 17, 2024

License No. ROC 127739

Re:Complaint No. 2023-13357

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

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

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

Investigator Notes: 1: Complaint Item 7 has been separated into 2 individual complaint items and will be addressed as Complaint Item 7a and 7b for clarity.

2: Upon reviewing the license history of ROC 127739 I am able to verify the license has been suspended intermittently beginning June 26, 2023 and is currently suspended as of January 11, 2024.

3: At this jobsite investigation both parties acknowledged that the project has been paid in full.

This means the license is suspended for lack of qualifying party, lack of bond, nonrenewal, Recovery Fund payout, or for any reason listed in A.R.S. § 32-1124(F).

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 DIRECTIVE REQUIREMENTS You are directed to remedy the following violations by the appropriate means:

Compliant Item 2: Irvine called Moneys Worth Pools numerous times to complete job and still not done. Investigator’s Observation: Verified. The respondent shall complete the project per contract or resolve the matter by other means. Governing Rule: ARS §32-1154 (A) (1) (Abandonment), ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 10: Travertine decking installation done poorly - uneven installation and lack of proper leveling resulting in random uneven settling of pavers - repairs needed to mitigate injury to feet of users. No commitment from Money's Worth Pools to remedy this problem as of this filing.; Investigator’s Observation: Verified. The respondent shall correct areas of lippage on the Travertine deck that exceeds 1/8” throughout by appropriate means, complete the project per contract or resolve the matter by other means. Governing Rule: ARS §32-1154 (A) (1) (Abandonment), ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Compliant Item 4: Heat Pump is not running - it is installed and hooked up to system, but not programmed to synchronize with the lntelliCenter. No commitment from Money's Worth Pools to remedy this problem as of this filing.; Investigator’s Observation: Not Verified. The complainant acknowledged that this complaint item has been corrected by the respondent. Governing Rule: No Action

Compliant Item 5: lntellicenter systems installed but not functional - numerous complaints and requests to program system and put off response from Money's Worth Pools to program system. Investigator’s Observation: Not Verified. The complainant acknowledged that this complaint item has been corrected by the respondent. Governing Rule: No Action

Compliant Item 6: Pool is sitting with no heat and no way to use the pool's electrical systems. No commitment from Money's Worth Pools to remedy this problem as of this filing.; Investigator’s Observation: Not Verified. The complainant acknowledged that this complaint item has been corrected by the respondent. Governing Rule: No Action

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Compliant Item 8: On 11/17/23 Irvine Owners drove to Money's Worth Pool office and confronted William Griffin with the failure to complete services and informed him that a subcontractor he hired is filing a lien on our property for failure to get paid by Money's Worth Pool. William Griffin proceeded to inform Owners that he has not paid Ruiz for the pool services he performed at Irvine residence because he was not satisfied for another job Ruiz did for Money's Worth Pools. Appalled to hear this, Irvine Owners demanded that Money's Worth Pool pay his contractors since Owner has paid Money's Worth Pools in full for all services contracted. Irvine's told Griffin he is breaking the law by holding our cash and our job hostage to a subcontractor for a dissatisfaction of performance at a totally separate job. This is very concerning and we demanded he pay his subcontractors so they will not bother us due to Moneys Worth Pools issues unrelated to our contract. We do not have a contract with this subcontractor and therefor demanded to be released from this lien notice.; Investigator’s Observation: Not Verified. This complaint item has been previously addressed in complaint item 7a. The ROC does not get involved in liens or financial disputes. Governing Rule: No Action

Compliant Item 11: Paramount In-floor Cleaning System pop up valves are not performing as expected. Rotation of the valves is not functioning resulting in stationary movement. Correction needed. No commitment from Money's Worth Pools to remedy this problem as of this filing.; Investigator’s Observation: Not Verified. The complainant acknowledged that this complaint item has been corrected by the respondent. Governing Rule: No Action

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Compliant Item 12: Contractor damaged plumbing - attempted repairs are not satisfactory, resulting in air entering the system and bubbles expelled daily upon start up of pump systems. This is a cronic problem that needs correction. No commitment from Money's Worth Pools to remedy this problem as of this filing. Investigator’s Observation: Not Verified. I am able to verify the plumbing repaired by the respondent is currently not leaking, is covered by the Travertine decking and I did not observe any air bubbles. There is insufficient evidence to substantiate this complaint item. Governing Rule: No Action

Addendum Complaint Item 1: Baja Shelf is over 18 1/2” deep from surface to water level. We were expecting a “shallow” Baja shelf and due to the height problem with the pool. After the shotcrete was cured, we brought up the concern of the depth of the Baja shelf and Mr. Griﬃn said a standard Baja shelf is 9”-14”. We didn’t want a 18 1/2” shelf. Mr. Griﬃn continues to deflect saying the step in the corner created the Baja shelf as the second step. This is another example of Mr. Griﬃn selling us goods that we did not want. He is taking advantage of first time pool buyers but deciding what HE wanted and not what we wanted. We want this corrected. Investigator’s Observation: Not Verified. Upon reviewing the written contract submitted by the complainant I am able to verify there is no specification as to the depth of the Baja shelf from the surface to water. Governing Rule: No Action

Addendum Complaint Item 2: Lost landscaping and lighting due to damage from subcontractors. (See photos) Pool dig was not announce in advance, disallowing us the privilege to contact our landscaper in advance to remove and transplant several cactus, plants and landscape lighting. Subcontractor scraped the area and tossed all plants and lighting without mention to anyone. We had to ask about it and Bill knew nothing of it because he was not on the property the day of the dig October 13, 2022. Lost; 1 senitas, 2 agave large artichoke, 1 agave, 5 lantana, 5 bushes. Investigator’s Observation: Not Verified. Upon reviewing the written contract submitted by the complainant I am able to verify there is no specification that the existing plants and landscape would be transplanted by another contractor prior to excavation for the pool. Governing Rule: No Action

Addendum Complaint Item 3: Plumbing contractor damaged agave plants and high centered his truck on landscaping boulders causing irreparable damage to the rock. Lost: agave Century plant very large, damaged landscaping rock. Investigator’s Observation: Not Verified. I am unable to verify whether or not the photo provided by the complainant is the respondent’s plumbing contractor’s vehicle, when the photo was taken, the location or who the truck belongs to. Governing Rule: No Action

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Addendum Complaint Item 4: Rebar subcontractor backed over path lighting with trailer and did not notify owner or contact Mr. Griffin. Lost: 2 landscaping PATH lighting. All losses are estimated at $1,500 replacement value. Investigator’s Observation: Not Verified. I am unable to verify whether or not the photo provided by the complainant is the result of the respondent’s rebar subcontractor backing over the path lighting, when the damage may have occurred or who is responsible for the damage. Governing Rule: No Action

Addendum Complaint Item 5: Heat pump wiring not connected to a breaker at the pool control box and terminates with wire nuts. Investigator’s Observation: Not Verified. Both parties acknowledge that final inspection was passed by the Maricopa County Planning and Development Department and the heat pump is operating properly. Governing Rule: No Action

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

Sincerely,

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

CC: Respondent Complainant

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complainant: Randall Irvine 27801 N Desierto Dr. Rio Verde, AZ 85263

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

C012 12/23 Respondent: Bill's Pool Service Inc. DBA: Money's Worth Pool Construction 515 E Carefree Hwy PMB 356 Phoenix, AZ 85085

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

C012 12/23 February 12, 2024

Compliance Jobsite Inspection Notice Re: Complaint No. 2023-13357

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for Wednesday February 14, 2024 at 1:30 PM to determine the current status of the items listed on the issued Directive.

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

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

Sincerely,

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

CC: Respondent Complainant

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

C012 12/23 February 14, 2024 2023-13357 CJSI Photos

27801 N Desierto Dr Rio Verde, AZ 85263

P 1 P 2 P 3 P 4 P 5 Complainant: Randall Irvine 27801 N Desierto Dr. Rio Verde, AZ 85263

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Respondent: Bill's Pool Service Inc. DBA: Money's Worth Pool Construction 515 E Carefree HWY PMB 356 Phoenix, AZ 85085

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Case No.: 2023-13357 Investigator: David Fagerburg Inspection Date: February 14, 2024 Inspection Time: 1:30 PM

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

Investigator Notes: 1: Upon reviewing the current status of ROC 127739 B-5 General Swimming Pool Contractor I am able to verify the license was suspended on January 11-2024. 2: Upon reviewing the current status of ROC 227545 A-9 Swimming Pools I am able to verify the license was suspended on January 11-2024. 3: During the Written Directive time frame of January 17, 2024 thru February 8, 2024 I am able to verify the respondent continued to contract while suspended violating ARS §32-1154 (A) (17) (Contracting While Suspended or Inactive).

Compliance Findings:

Compliant Item 1: Motorized Pool Cover not at job site and not installed / job unfinished and abandoned / Money's Worth Pools not responding - cover is not at the job site and is not yetscheduled to be installed. Investigator Observation: I verified the pool cover has not on site and has not been installed. Governing Rule: The respondent is not in compliance with the directive.

Compliant Item 2: Irvine called Moneys Worth Pools numerous times to complete job and still not done. Investigator Observation: I verified the pool cover has not on site and has not been installed. Governing Rule: The respondent is not in compliance with the directive.

Note:

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Please review the complaint items listed above. If any of the items have not been corrected at the time of the compliance inspection this complaint will be forwarded to the Registrar’s legal department and a citation may be issued.

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

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

CC: Respondent Complainant

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Complainant: Randall Irvine 27801 N Desierto Dr. Rio Verde, AZ 85263

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013d 04/21 Respondent: Bill's Pool Service Inc. DBA: Money's Worth Pool Construction 515 E Carefree HWY PMB 356 Phoenix, AZ 85085

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013d 04/21 February 15, 2024

WARNING LETTER

Re: Complaint No. 2023-13357; License No. ROC 127739

Dear Respondent:

The Registrar received information indicating that you are contracting while your license is suspended or inactive. Contracting while your license is suspended or inactive violates A.R.S. § 32-1151:

It is unlawful for any person, firm, partnership, corporation, association or other organization, or a combination of any of them, to engage in the business of, submit a bid or respond to a request for qualification or a request for proposals for construction services as, act or offer to act in the capacity of or purport to have the capacity of a contractor without having a contractor’s license in good standing . . . .

Additionally, contracting or offering to contract while your license is suspended or inactive violates A.R.S. § 32-1154(A)(17) and constitutes grounds to suspend or revoke your license.

The Registrar does not presently intend to pursue disciplinary action for the alleged violations. However, this warning letter does not preclude the Registrar from electing to pursue action against your license for these violations in the future.

If you have any questions, feel free to contact me.

Sincerely,

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

CC: Respondent Complainant

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013d 04/21 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Randall Irvine Case No. 2023-13357 COMPLAINANT, v. Bill's Pool Service Inc CITATION DBA:Money's Worth Pool Construction License No. ROC 127739,

RESPONDENT.

The Registrar issues this Citation to Bill's Pool Service Inc DBA: Money's Worth Pool Construction (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by March 1, 2024, then under A.R.S. § 32-1155(C), Respondent’s failure to answer may be deemed an admission of the act or acts charged in the underlying complaint, and the Registrar may then suspend or revoke Respondent’s license(s). THE WRITTEN COMPLAINT On November 21, 2023, Randall Irvine DBA: Money's Worth Pool Construction (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating: Charge 1: A.R.S. § 32-1154(A)(3) - R4-9-108(a) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Charge 2: A.R.S. § 32-1154(A)(17) Contracting or offering to contract or submitting a bid while the license is under suspension or while the license is on inactive status. Charge 3: A.R.S. § 32-1154(A)(22) Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a reasonable period of time after receiving a written directive from the Registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held. If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F). FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2023-13357. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways:

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

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

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

Registrar actually receives it.

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

Registrar no later than March 1, 2024.

This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a

deadline ten days after service of the Citation. Service of the Citation and Complaint is

complete five days after the Registrar mails a copy of the Citation and Complaint to

Respondent’s latest address of record in the Registrar’s office.

Consequences for Failing to File a Written Answer: If Respondent fails to answer,

Respondent’s failure may be deemed an admission of the act or acts charged in the written

complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s

license(s).

THE ADMINISTRATIVE HEARING

If Respondent files a timely written answer contesting any charges in the Complaint,

then the Registrar will request the Office of Administrative Hearings set a date for an

administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S.

§ 41-1092.05(D).

INVESTIGATOR’S APPEARANCE AS A WITNESS

The Registrar’s assigned investigator will appear as a witness at the hearing. If either

party demands the attendance at the hearing of any other person, that party must obtain and

serve a subpoena in compliance with the rules and processes established by the Office of

Administrative Hearings.

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

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated February 15, 2024. By: /s/ Madelyn Hayes Madelyn Hayes Legal Assistant II Legal Department Arizona Registrar of Contractors

COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, February 15, 2024 to:

Respondent Certified Mail No: [number redacted]

Bill's Pool Service Inc DBA: Money's Worth Pool Construction 515 E Carefree Hwy PMB 356 Phoenix, AZ 85085

Copy mailed by USPS First Class mail this same date to:

Bill's Pool Service Inc DBA: Money's Worth Pool Construction 515 E Carefree Hwy PMB 356 Phoenix, AZ 85085 Complainant Randall Irvine 27801 N Desierto Dr Rio Verde, AZ 85263 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. 2023-13357 / MTH

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

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

Randall Irvine Mailing Address (Enter jobsite in Contract/Project section) City State Zip

27801 N Desierto Dr Rio Verde Arizona 85263 Phone Number Email

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

Street Address of Attorney City State Zip

Phone Number of Attorney Email of Attorney

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

Bill's Pool Service Inc ROC 127739 Street Address City State Zip

703 e carefree hwy phx AZ 85085 Phone Number Email

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

William Miles Griffin Jr;Carol Ann Griffin Contract/Project Information Contract Date Contract Amount Amount Paid

May 18, 2022 $78,791.26 $78,791.26 Date Work Started Date Work Stopped Date Work Was Completed

May 26, 2022 October 4, 2023 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

27801 N Desierto Dr Rio Verde AZ 85263 Name of Construction Site Owner Construction Site Name (if applicable)

Randall and Brenda Irvine Irvine Residence Phone Number of Construction Site Owner Email of Construction Site Owner

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

RCC099 12/05/18 Page 1 of 3 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

Has any work been corrected? Yes sub contractors and Money's Worth Pool Contractor The contract was Written All change orders were Written This project was Residential This project involved Other Pool Construction A building permit was obtained by Contractor B202208346 Maricopa County List and briefly describe each complaint item (Please do not write "see attached" or use additional pages unless necessary to further describe issues or list more complaint items) (limited to 100 characters per line)

Motorized Pool Cover not at job site and not installed / job unfinished and abandoned / Money's Worth Pools not responding - cover is not at the job site and is not yetscheduled to be installed. Irvine called Moneys Worth Pools numerous times to complete job and still not done. Irvine Called Cover Star (sub contractor who installed the guide rails and commissioned to install motorized pool cover) on 11/21/2023 and was informed they have the pool cover ordered from Money's Worth Pools but are waiting for Money's Worth Pools to pay for the cover and direct the timing for the installation. No commitment from Money's Worth Pools as of this filing date. ; Heat Pump is not running - it is installed and hooked up to system, but not programmed to synchronize with the IntelliCenter. No commitment from Money's Worth Pools to remedy this problem as of this filing.; Intellicenter systems installed but not functional - numerous complaints and requests to program system and put off response from Money's Worth Pools to program system. Pool is sitting with no heat and no way to use the pool's electrical systems. No commitment from Money's Worth Pools to remedy this problem as of this filing.; Ruiz"s Pool Plastering, LLC, commissioned plaster subcontractor by Money's Worth Pools, filed twenty day lien notice through DAR_LIENS, INC. on property owners property on 11/15/23 for failure of Money's Worth Pool Contractor payment for their services. Juan Ruiz, Owner Ruiz Plastering visited Irvine Owner's house on 11/17/2023 to inform Irvine's that Money's Worth Pool has not paid for his services perfomed on October 2023. Owners provided Mr Ruiz with proof of payment to Money's Worth Pools prior to his services being performed ( final payment paid in full check number 1806 written on August 17, 2023 and cleared bank September 25, 2023 endorsed by Money's Worth Pool). On 11/17/23 Irvine Owners drove to Money's Worth Pool office and confronted William Griffin with the failure to complete services and informed him that a subcontractor he hired is filing a lien on our property for failure to get paid by Money's Worth Pool. William Griffin proceeded to inform Owners that he has not paid Ruiz for the pool services he performed at Irvine residence because he was not satisfied for another job Ruiz did for Money's Worth Pools. Appalled to hear this, Irvine Owners demanded that Money's Worth Pool pay his contractors since Owner has paid Money's Worth Pools in full for all services contracted. Irvine's told Griffin he is breaking the law by holding our cash and our job hostage to a subcontractor for a dissatisfaction of performance at a totally separate job. This is very concerning and we demanded he pay his subcontractors so they will not bother us due to Moneys Worth Pools issues unrelated to our contract. We do not have a contract with this subcontractor and therefor demanded to be released from this lien notice.; Irvine Owners paid all installments per the contract on time and in full for complete contract in amount of $78,791.26. Final payment was written on August 17, 2023 and endorsed and cleared bank on September 25, 2023. Irvine Owner paid all add on invoices submitted to Irvine Owners on- time and in- full, for all services in amount of $9,676.62 by August 17, 2023 and cleared bank by endorsement of Money's Worth Pools. ; Travertine decking installation done poorly - uneven installation and lack of proper leveling resulting in random uneven settling of pavers - repairs needed to mitigate injury to feet of users. No commitment from Money's Worth Pools to remedy this problem as of this filing.; Paramount In-floor Cleaning System pop up valves are not performing as expected. Rotation of the valves is not functioning resulting in stationary movement. Correction needed. No commitment from Money's Worth Pools to remedy this problem as of this filing.; Contractor damaged plumbing - attempted repairs are not satisfactory, resulting in air entering the system and bubbles expelled daily upon start up of pump systems. This is a cronic problem that needs correction. No commitment from Money's Worth Pools to remedy this problem as of this filing.

Signature

RCC099 12/05/18 Page 2 of 3 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

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

Randall Irvine \complainant1\ \complainantd1\

RCC099 12/05/18 Page 3 of 3 December 10, 2023

Mr. David Fagerburg Investigator #210 Arizona Registrar Of Contractors 1700 W Washington St Ste 105 Phoenix, AZ 85007

Re: AZ ROC complaint ID 2023-13357

Dear Mr. Fagerburg,

In follow up to the AZ ROC complaint ID 2023-13357, and in response to the latest email from the respondent, Bill Gri n, owner of Moneys Worth Pool, I am writing to clear up the nonsense that was stated in the confusing reply from Mr. Gri n.

First and foremost I want it recorded that my wife, Brenda and I have never hired a contractor to construct a pool at our residence in the past, making this our rst endeavor. Because of our lack of experience we were trusting Mr. Gri n to be a man of his word and his contract. We were also trusting that he would provide all the options needed to design and construct a pool to our liking, including providing ‘up to date’ communication every step of the way. This did not happen. Secondly, we want nothing more than to have this pool completed, with quality workmanship, in a timely manner, without con ict and with warranty to protect our investment for years to come.

Unfortunately we have been unable to ful ll this dream to have a pool at our residence without the constant con ict and stress that Mr. Gri n has caused over the entire course of this pool build project. The estimate #2021469 dated 5/22/2023 that we signed is apparently working as a contract with Money’s Worth Pool Construction. Unfortunately we are stuck with this man and his deceitful ways.

We have many concerns after our experience working with Mr. Gri n for 1 year and 8 months. In comparison to other pool projects by other pool contractors in our community, this pool should have been done months ago. We should have checked the AZ ROC website prior to hiring Mr. Gri n, since then we have found numerous complaints led against his company and we also have found he has two licenses to run his business. ROC #127739 is suspended and ROC #227545 is active. At the time of our contract signing Mr. Gri n was working under both as listed on his Residential Construction Contract paperwork. We should have made the contract have an “end date”, we should have made the contract detail every line with the equipment names and model numbers, we should have made the contract list the depth of the baja shelf (9” but turned into 18 1/2” depth), we should have ensured that we received a copy of the build plans (which has not been supplied), and we should have required a list of subcontractor names and required proof of payment to the subcontractors.

Now that we know better, and in doing more research to determine our rights in protecting our investment, we believe this business is in nancial trouble and the actions by Mr. Gri n spell trouble for us and all of his clients. With one of his subcontractors arriving at our door looking for payment was a telling sign that this man is hanging by a thread, spent our money on other debts and cannot complete his contract due to his nancial troubles.

As a retired business executive and President of several large logistics companies, I have seen good business operators and poor business operators. Mr. Gri n falls below the level of a poor operator. His con-artist style of promises that weren’t kept, blaming others for the mistakes his ffi fl ffi fi fi ffi ffi fl ffi fi ffi fi fi ffi ffi ffi company was responsible for and his grumpy unprofessional attitude was not only unwelcome and unprofessional, but we will not accept that kind of behavior on our property from a contractor ever again. A case in point, aside from numerous occasions where his argumentative behavior caused delays and frustration, on August 16, 2023, Mr. Gri n’s argumentative behavior and rudeness boiled over while standing in our driveway of our residence, when he aggressively stepped forward into my personal space and pointed his fore nger in my face while raising his voice in anger and aggression in a very threatening manner. I sternly asked him to step-back away from me and get his nger out of my face. A witness to this encounter is Greg Weisgerber, owner of Power Star Contractors, working on my behalf on other projects at our residence. As you can imagine, that kind of behavior is very disturbing and his inability to handle con ict was not presented as all. We will not allow any contractor to treat us like that on our property.

Without justi cation, any property owner should have the right to good, positive and frequent communication with his contractor in a professional manner without this kind of destructive behavior from hired contractor. We should never have to put up with that kind of aggression from a pool contractor. This was very upsetting and a strong example of how Mr. Gri n treats people when he doesn’t get away with his crooked ways. I have notes with photos, dates and recordings that would prove that this business owner should not be in business any longer and I cringe to think that others might run into the same kind of dealings with this business in the future.

Regarding our complaint with Arizona Registrar of Contractors, it came as a nal straw that led us to seek help in maintaining some form of normalcy to work through the problems Mr. Gri n and his business has caused us, both nancially and with mental anguish. We gave Mr. Gri n numerous chances to correct his own mistakes as well as all of his subcontractors. Every step of the way consisted of constant reminding of his attention to keep the project moving forward, constant inspection of any work that he or his subcontractors performed and constant request of his attention to actually show up at the job site once and a while over the course of 20 months.

As you can see in the complaint documents, we have paid Mr. Gri n in full and ahead of his contract payment schedule.

The following comments are in reply to Mr. Gri n’s email that was forwarded to my Gmail account on December 8th at 4:46 PM.

#1 Complaint - As of the writing of this letter, we do not have a scheduled appointment for the Automatic Pool Cover due to Mr. Gri n’s inability to pay Coverstar for the cover we paid him for.

For the record we demanded Mr. Gri n have the pool cover on our job site back in Spring of 2023 for readiness to be installed (since we had already paid for the pool cover). These requests again came immediately after we paid the nal installment, post pebble/plaster installation ( nal payment was made 9/25/2023 and pebble plaster was nally accomplished on October 4th). The water lling process only took a day and therefor the pool had water in it full by October 6, 2023. Mr. Gri n states that he explained many times to me that the water must be in the pool prior to the installation of the pool cover, but what he failed to say was that we were asking him to bring all of the equipment to our job site that we paid for in advanced, including the pool cover. The reason we asked for this months ago was for this very reason today, where he admits, his nances are in trouble and he cannot a ord to pay Coverstar for the cover we already paid for in advance. This is VERY troubling and all of his excuses cannot and should be considered fi ffi fi fi fi ffi fi ffi fi ff ffi ffi fi fi ffi fi fi ffi fl ffi ffi okay to treat a customer this way. Not once in all of our conversations about nances has he admitted that “money has been tight”. Way back in Spring of 2023 my wife and I paid a visit to his o ce to catch him at his verbal lies and promises to complete the job by May 2023. IN that visit I directly asked him if he was low on cash and if he is going out of business. Because his actions were showing that type of behavior where procrastination failed promises kept arising. He answered, “I am not going out of business”. After asking Mr. Gri n almost every day by text when he was going to install the pool cover, he kept putting us o and using some other excuse. After many weeks of frustration, on 11/21/23 I phoned Coverstar directly and asked if the cover was ordered and when it would be installed. I was informed the cover was ordered but they needed to hear from Bill Gri n for installation request and wanted to make sure it was clear how they were to be paid for it before they scheduled installation. I asked them to press him to commit and call me back. As of 11/29 they have yet to call me back.

On 11/29/23 Mr. Gri n showed up at my property, I again asked where the pool cover is. He said he would get on it. I asked him to call Cover Star right now with both of us standing by the pool, and he said “he didn’t have the time”, I said “you are right here with me now, why not call right now with the both of us and schedule it”. He kept repeating he would “when he has a minute”. Then he said “he will let me know”. I continued asking him to call right now and he wouldn’t. He was noncommittal and said “he would let me know” once he makes the call. I asked why he wouldn’t call right now, his answer was “when I get a minute”. Not once did he mention he was tight on money. I asked him what he did with our money that we paid him for the pool cover and he did not respond. This is terribly concerning.

I texted Mr. Gri n on 11/30/23 asking if he made the call to Coverstar. No reply. I texted Mr. Gri n on 12/1/2023 asking if he made the call to Coverstar. At 9:48 AM he responded saying he called Coverstar and maybe they would install the cover the week after next (meaning the week of 12/10/23. No reply since. Mr. Gri n asked in the same text if he could come out and swap out the “in- oor” paramount head on the top step that is not performing correctly and do some electrical clean up in the Intellicenter box. I said yes, he has permission. As of the writing of this letter, Mr. Gri n has not responded to my texts and he has not shown up to address any of these issues. Once again, failure to communicate, failure to follow through apparently abandoning the job leaving us wondering what’s next.

I text Mr. Gri n on 12/6/23 at 10:30 AM asking where he was with the pool cover and when he was coming out to x other issues. No reply. On 12/6/23 at 11:00 AM I phone Coverstar to inform them that our pool contractor is not replying to my requests to install the cover. I told Jen that we paid Mr. Gri n in full months ago for this cover and the service of installation. I was informed that they will not schedule installation until they get con rmation from Mr. Gri n on how he intends on paying them and they are most likely 30 days out for scheduling this service. At 11:30 AM I texted and phoned Bill Gri n, informing him that I once again found out he is lying about getting the cover installed and they won’t schedule until he pays. Again I informed him by text that we paid him in full for the contract, including $12,000.00 for a motorized safety cover, and he already been paid for the pool cover. I again informed him that I know his tricks and I think he is broke and can’t make payments to his subs even though I have paid in full. No reply. NOT RESOLVED.

Complaint #2 & #3 After numerous requests from October 10th through 11/27/23 to Mr. Gri n to get someone out to program the Intellicenter system and re up the heat pump, Mr. Gri n nally commissioned a man whose name is Tyson. I sent a text on 11/20 and received a few texts back saying he would show up. Then on 11/22 i received a message that Tyson got hung up and would be at ffi ffi ffi ffi ffi fi ffi fi ffi ffi fi ffi ffi ff ffi ffi ffi fi ffi fl fi our house on Friday at 9:00 AM. Then on Friday I got a text from Tyson showing me that he injured his eye and could not come out. Tyson called on Saturday, 11/25 but did not work on the Intellicenter as he felt sick and the eye injury was not good for this kind of work. I felt for him but it was another example of Mr. Gri n failure to follow through with his promises. Tyson did not show up on Monday, instead he nally showed up on Tuesday, 11/28/23. Tyson wired the Intellicenter system, red up the heat pump and got the pool pump programmed to run through the Intellicenter. I then questioned both he and Mr. Gri n on the way the heat pump is wired from the house main panel to the Intellicenter box, where it is just fastened with two wire nuts and loose in the box. Not even connected to the 60 amp breaker that was installed in the Intellicenter panel. This is not a safe way to mount a 60 amp dedicated line for the Heat pump. Mr. Gri n said it is “to code” and attached a zip tie to the wires. I do not believe this is the safest way to wire this system (see photo). Wouldn’t it make more sense to run a higher gauge wire from the main panel to the Intellicenter buss and use the breaker as a jumper for the Heat Pump making it a dedicated line from the sub-panel?

I believe this is not safe and am requesting it be rewired correctly. The heat pump is working in the current set up but without the pool cover the water temperature will not rise above 70 degrees due to the night time temperature falling below 50 degree each night. We need to the pool cover on to hold the warm water otherwise I am wasting money running the heat pump all day and night. NOT RESOLVED.

Complaint #4 I replied to DAR-LIENS, LLC with an email explaining that we paid Money’s Worth Pool Contractor in full for the services rendered and the problem their client, Ruiz’s Pool Plastering, LLC, has is with Money’s Worth Pool, not us. We do not have a contract with them directly so a lien cannot be placed on our home for Mr. Gri n’s failure to pay his subcontractors. Mr. Ruiz said he led a complaint with the AZ ROC. When I confronted Mr. Gri n with this problem he said that Mr. Ruiz is a pain and that he wasn’t happy with another job he did for him and that is why he wasn’t paying him for our job. This is exactly the type of crooked games Mr. Gri n plays with his subs and his customers. I asked him how many times should a customer have a subcontractor knock on the door looking to get paid for a delinquent invoice by the Pool Contractor? He then said, “well you only had one”, I replied with “how many should a customer have?”, Mr. Gri n said, “you shouldn’t have any, but that guy is a pain”. Resolved

Complaint #5 We have paid for all services in full. On 11/29/23 I confronted Mr. Gri n again why he won’t admit that his business is broke and what did he do with out money that we paid him. I also asked for a refund for $12,000, and we would handle getting someone else to install the cover. The cost of the automatic pool cover in our contract is $12,000. Mr. Gri n did not respond to this request. NOT RESOLVED.

Complaint #6 The travertine is uneven and was installed by one of Mr. Gri n’s rst time subcontractors, Rene. I don’t understand what any of his response has to do with our dissatisfaction with the poor quality of the installation as many of the travertine tiles have fallen uneven after settling and due to the over ow of water from the “in- oor” jet on the top step causing constant water fl ffi ffi ffi ffi fi ffi fl ffi ffi fi ffi ffi fi fi ffi spillage runo making the tiles in the area uneven. I addressed this with Mr. Gri n on 11/29/23 and showed him where the tiles are uneven, not level and are rocking when walked on. Mr. Gri en verbally agreed to have Rene come back out and x the tiles that we are not happy with. We have marked the tiles with blue tape and are waiting for Rene to pay a visit. Nothing has happened as of the writing of this letter. NOT RESOLVED.

Complaint #7 Mr. Gri n’s response to this issue is “The in- oor cleaning is performing”. Actually the system is running but the top step jet is running at super high pressure with too much volume causing water to over ow onto the travertine deck, this causing more issues with the travertine (see complaint #6). The rest of the comments on his response have nothing to do with anything. Mr. Gri n set up the pump and the system requirements, not us. This is another de ection that he made up trying to push it o on how he instructed us to set up the system. It was his set up that is causing the problem. On 11/28/23 during his visit, he o ered to nd a solution with the one in- oor paramount jet and would get back to us with his resolution. As of the date of this letter, no word and no action on this problem. NOT RESOLVED.

Complaint #8 Despite all of Mr. Gri n’s comments trying to blame my general contractor Greg Weisgerber, for insisting Mr. Gri n clean up his mess around the pool, all of it doesn’t matter because the responsible party for causing the damage in the rst place was the two workers that Mr. Gri n hired to come out and take down the bender board and clean up the mess left behind by the shotcrete workers. During this clean up, one of the workers was chopping concrete away from the pipes in the ground. I personally witnessed what they were doing while Mr. Gri n was walking around the pool area, when one of them said uh oh, I looked and it was wet all around the area after he broke the pipe. Mr. Gri n sprayed painted the damaged pipe and said he would get someone out to x it. On August 26th Mr. Gri n had a worker come out and replace the damaged PVC piping that his workers broke while cleaning up (see photo). On April 28th Mr. Gri n came out to dig out the area over the pool plumbing to get ready for travertine installation (see photo showing Mr. Gri n digging soil around the pool with machine and the exposed pipes that were repaired uncovered. Fast forward to lling the pool with water lled for rst time on October 6, 2023, Mr. Gri n came out to start the pump and get the water circulating in the pool system. On October 7th at 9:24 AM, I noticed on my security camera that the travertine was brown and the area where the pipes were “repaired” was sunken (see photo). I called Mr. Gri n right away and he went out the next day and made the repair. (see photos)

This repair job seems to be holding for now but its “wonky double 90 degree elbows” located right underneath the travertine will be a weak point in the system.The air in the intake system has been burped and removed by taking the system apart at the pump and lter and re tting each junction. Also found the lter drain plug and the pump drain plug were loose. We tightened and that seemed to help remove most of the air, but a leak from this damaged/ ff ffi ffi ffi ff fl ffi ffi fi fi ffi ffi ffi ffi ff ffi fi ff fi fi fl ffi fi fi ffi fi fl fi ffi fl fi repaired area is likely to happen in the future. I am not happy with this repair work and want it watched closely. Not Resolved

Addendum Complaint #9 Baja Shelf is over 18 1/2” deep from surface to water level. We were expecting a “shallow” Baja shelf and due to the height problem with the pool. After the shotcrete was cured, we brought up the concern of the depth of the Baja shelf and Mr. Gri n said a standard Baja shelf is 9”-14”. We didn’t want a 18 1/2” shelf. Mr. Gri n continues to de ect saying the step in the corner created the Baja shelf as the second step. This is another example of Mr. Gri n selling us goods that we did not want. He is taking advantage of rst time pool buyers but deciding what HE wanted and not what we wanted. We want this corrected. Not Resolved

Addendum Complaint #10 -Lost landscaping and lighting due to damage from subcontractors. (See photos) Pool dig was not announced in advance, disallowing us the privilege to contact our landscaper in advance to remove and transplant several cactus, plants and landscaping lighting. Subcontractor scraped the area and tossed all plants and lighting without mention to anyone. We had to ask about it and Bill knew nothing of it because he was not on the property the day of the dig October 13, 2022.

Lost; 1 senitas , 2 agave large artichoke, 1 agave, 5 lantana, 5 bushes spot LED lighting. NOT RESOLVED ffi fi fl ffi ffi -Plumbing contractor damaged agave plants and high centered his truck on landscaping boulders causing irreparable damage to the rock. Lost: 1 agave Century plant very large, damaged landscaping rock. NOT RESOLVED

-Rebar subcontractor backed over path lighting with trailer and did not notify owner or contact Mr. Gri n. Lost: 2 landscaping PATH lighting. NOT RESOLVED

All losses are estimated at $1,500 replacement value.

In conclusion, we are prepared to have Mr. Gri n take action on all of these complaints and we have encouraged him to act quickly prior to the inspection date. No more excuses and blaming.

We welcome further conversation if you have any questions regarding these matters.

Sincerely,

Randy Irvine 27801 N Desierto Dr Rio Verde, AZ 85263

[email redacted] 206-715-0732 ffi ffi 2/21/24, 10:27 AM State of Arizona Mail - Citation 2023-13357

Legal New Mail - AZROC <[email redacted]>

Citation 2023-13357 Moneys Worth Pool <[email redacted]> Tue, Feb 20, 2024 at 8:22 AM To: Legal New Mail - AZROC <[email redacted]>

Good morning FYI I would like contest this citation as requested on the corrective work order the pavers had sunk in a few places. I did not do it anymore contracted work on this job this was a warranty deal. Thank you Bill Griffin [Quoted text hidden]

https://mail.google.com/mail/b/AEoRXRSbZErmtg3x-dV7og0Y6ta-2LD7jOrB3gFHnRPzRjmdJC9W/u/0/?ik=d3afebeda9&view=pt&search=all&permms… 1/1 Mediation Notice

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

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

v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.

REQUEST

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

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

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

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

_____________________________________ _______________________ Respondent (or representative) Date

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

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

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

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

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

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

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

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

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

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

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

Exhibit Exhibit Name

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

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

Print Name Signature Date

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