2023A-13716-NPC-ROC Notice of Hearing and Packet MAILED

2023A-13716-NPC-ROC · Registrar of Contractors · 2024-01-16

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Banker Insulation Inc, Case No. 2023-13716 COMPLAINANT, Docket No. 2023A-13716-NPC-ROC v. NOTICE OF HEARING ON CONTESTED CASE Ryan Christopher Rickabaugh License No. ROC 344915,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

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

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

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

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

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

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

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

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

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

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

complaint and citation, which were served on the Respondent on December 15, 2023. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED The complaint and citation allege that the Respondent committed the following act(s): Charge: 1 A.R.S. § 32-1154(A)(10)

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

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

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

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

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

1156(B).

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

any change of address within five (5) days of the change. A.R.S. § 41-1092.04. HEARING PROCEDURES AND RULES The administrative hearing will be conducted in accordance with A.R.S. §§ 41-1092 to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and processes governing the administrative hearing. Copies of the statutes, rules, and articles regarding the administrative hearing process can be found at https://www.azoah.com/.

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

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

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

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

HEARING PACKET In the interests of administrative efficiency, the Registrar compiles and discloses certain documents to the parties and the Office of Administrative Hearings. These documents are attached to this Notice of Hearing as the “Hearing Packet.” If any party wishes to submit

additional evidence, they must do so during the hearing after completing a disclosure

statement. See “Disclosure Statement” section below.

SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS The parties to the hearing must be prepared to present evidence in support of their case. If a party wants to obtain testimony from a witness or documents not in the party’s possession, the party must prepare and file a written subpoena for the Administrative Law Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a

subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com.

The party seeking a subpoena must serve notice on all the parties to the hearing, and on the

Registrar. A.R.S. § 41-1092.04.

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

disclosure statement on all other parties, and file it with the Office of Administrative Hearings. A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the

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

CHANGING THE HEARING DATE

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

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

be changed by filing a written agreement of the parties to change the date of the hearing. The written agreement must be filed with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmitted to the Registrar and all other parties. The assigned Administrative Law Judge may be found on the Office of Administrative Hearings’ web portal at www.azoah.com If a party would like to move the date of the hearing without agreement of all parties, the party must file a written motion with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmit a copy to the Registrar and all other parties. The motion must state in detail good cause for why the date of the hearing should be advanced

or delayed, and the position of all other parties regarding the advancement or delay.

A party may also file a motion asserting a right to an expedited hearing upon a showing of

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

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

Dated January 16, 2024.

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

Copy mailed via USPS First Class mail January 16, 2024 to: Respondent(s) Ryan Christopher Rickabaugh 3118 McCulloch Blvd N Lake Havasu City, AZ 86403

Complainant(s) Banker Insulation Inc 111 S 56th St Chandler, AZ 85226

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. 2023-13716 /

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

December 5, 2023 Via U.S. Mail and Email Complainant Banker Insulation Inc 111 S 56th St Chandler, AZ 85226 Via U.S. Mail and Email Respondent Ryan Christopher Rickabaugh 3118 McCulloch Blvd N Lake Havasu City, AZ 86403 Re: Complaint No. 2023-13716 Dear Complainant and Respondent: The Registrar received a complaint filed against Ryan Christopher Rickabaugh for non-payment of materials or services rendered. This complaint is complete and will be substantively reviewed by the Registrar. Respondent is free to raise any issue or affirmative defense to this complaint by filing a response with the Registrar by December 12, 2023. Please reference the complaint number listed above if you file a response. Respondent may file a response by: Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Email: [email redacted] The Registrar will not issue a citation before December 12, 2023, and will review Respondent’s response, if one is submitted. Please be advised that a response to the complaint is not the same as a written answer. If the Registrar issues a citation Respondent must file a written answer to that citation in accordance with A.R.S. § 32-1155.

Sincerely,

/s/ Doug Ulmer __________________ Doug Ulmer Legal Assistant Legal Department Registrar of Contractors

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Case No. 2023-13716 Banker Insulation Inc.,

COMPLAINANT, v. CITATION Ryan Christopher Rickabaugh, License No. ROC 344915,

RESPONDENT.

The Registrar issues this Citation to Ryan Christopher Rickabaugh (“Respondent”)

under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by December 30, 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.

THE WRITTEN COMPLAINT

On December 1, 2023, Banker Insulation Inc., (“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 of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged

with violating:

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Charge :1 A.R.S. § 32-1154(A)(10) — Failure by a licensee or agent or official of a licensee to pay monies in excess of $750 when due for materials or services rendered in connection with the licensee's operations as a contractor unless the licensee proves that the licensee lacks the capacity to pay and has not received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased.

If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license 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 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. 2023-13716. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted]

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

If Respondent submits a written answer by mail, it is not filed with the Registrar until the of 5

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than December 30, 2023. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license. THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the of 5

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license 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 should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated December 15, 2023. By: /s/ Margaret Lindsey Margaret Lindsey Assistant General Counsel Legal Department Arizona Registrar of Contractors

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, December 15, 2023 to:

Respondent Certified Mail No: [number redacted]

Ryan Christopher Rickabaugh 3118 McCulloch Blvd N Lake Havasu City, AZ 86403 Copy mailed by USPS First Class mail this same date to: Respondent Ryan Christopher Rickabaugh 3118 McCulloch Blvd N Lake Havasu City, AZ 86403 Complainant Banker Insulation Inc 111 S 56th St Chandler, AZ 85226 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. 2023-13716/du

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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 Answers - AZROC <[email redacted]>

Written Answer to Citation and Complaint message

Ryan Rickabaugh <[email redacted]> Sat, Dec 30, 2023 at 8:22 AM To: [email redacted]

Case No. 2023-13716

In regards to this matter - It is my stance that the complainant has made several false and misleading statements in regards to the work product in addition to the fact that the work performed does not meet the specifications outlined in the proposal.

Issues - This is an owner builder permit and project. I obtained a license during the course of this project in order to pursue other opportunities but the project in itself remains an owner builder project as I work to complete our family home and primary residence. It would be for the ROC to determine but I do not see that this would be a potential involvement or action against my license.

Scott Cuasley of Banker Insulation made many false and misleading statements during the course of this project which did not result in the end product meeting the standards of what was sold. These claims include "using the best crew we have, the guys from Kingman". The Kingman crew did not place the material. Soctt also claimed to be the foam expert and trainer and that he would be onsite to personally "quarterback" the spray foam installation. Scott was not on site as promised. The crew lead on site bragged about his ability to blow through these insulation jobs in a fraction of the time allotted for him to complete the work. This job was completed in half the time allotted and the resulting work quality reflects this.

No follow up inspection of work was performed to ensure the lesser crew and lack of leadership had properly completed the job. As such, I requested a 3rd party inspection. Banker hired an inspector who revealed that the foam was 4" thick on average, shy of the 6" thickness that was outlined in the work order/proposal. This is a clear sign of poor workmanship in addition to insufficient application thickness. I have requested the report from the inspector but have not yet received it. However, I was on site during the inspection and saw the shallow application throughout. I was already well aware that the application was too shallow as the trusses are made of 2x4 construction so a 6"application would clearly bury the 2x4 truss members. Any qualified installer should have been able to see that the thickness was not correct. Any qualified installer would also be checking depth and using height sticks.

The proposal attached to the complaint is a regeneration from 12/1/23. Where is the signed proposal and authorization to perform work and/or work contract?

I last spoke with Tom on what I believe was a Friday afternoon, following the inspection results. He said he would have a crew onsite to "fix" the work on Monday morning. I kindly asked that no further work be performed until the proposed fixes were outlined and approved as sufficient by a qualified party, hopefully the manufacturer. I had concerns about foam being applied over foam, potentially resulting in encapsulation and delamination issues in the future. Tom did not accept my request, became irate and hung up on me. I did not hear from him again after that.

This is our family dream home, I opted to increase our spend on this portion to obtain what was sold by Scott Causley as a premium product. We were left with lies, poor workmanship and an inferior product. We now have an insufficiently insulated home affecting our energy costs, resale value and more. This should not be a non pay complaint but a poor work and abandonment complaint.

Thank you - answer.

Ryan Rickabaugh 928-733-7388 Non-Payment Complaint Form Departmental Use Only Complaint Number: Mail to: Registrar of Contractors P.O. Box 18243 Phoenix, AZ 85005-8243

Person Filing Complaint (Payee) Business Name Full Name (First Middle Last) ROC License Number(s) (if any) Tim Puopolo Street Address City State Zip Code 111 S 56TH ST CHANDLER Arizona 85226 Phone Number Email Address [number redacted] [email redacted] I consent to receive communications electronically in connection with this case

Name of Attorney (if any)

Attorney’s Street Address City State Zip Code

Attorney’s Phone Number Attorney’s Email Address

Licensee Information (Payer) Name (as shown on contracts, invoices, etc.) ROC License Number(s) Ryan Christopher Rickabaugh ROC 344915 Street Address City State Zip Code

Phone Number Email Address

Name of Person(s) Representing License Ryan Rickabaugh Complaint Information Principal Amount Due (excluding interest and fees) Contract Date (if applicable) $7,300.00 August 30, 2023 Have you filed a civil complaint? No List all specific invoices which have not been paid. Attach additional pages if necessary. N091896-17

Certification I certify, upon information and belief, that the above-named licensee has failed to pay monies in excess of seven hundred fifty dollars when due for materials or services rendered in connection with the licensee’s operations as a contractor. I further certify, upon information and belief, that the above-named licensee has the capacity to pay, or has received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased. A.R.S. § 32-1154(A)(10). Printed Name Signature Date Tim Puopolo Declaration & Signature I am the Complainant in this Complaint Form or Complainant’s duly authorized representative. I declare under penalty of perjury that the information contained in this Form is true and correct to the best of my knowledge. I further certify that any documents submitted in support of this complaint are true and correct copies of the originals and are 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 Tim Puopolo PROPOSAL 1590 Copper Dr. Lake Havasu City, AZ 86403 Phone: (928)680-4888 License: ROC280526

Client # [number redacted] Job # [number redacted] RYAN RICKABAUGH 1885 EAST BIRKDALE LANE 1885 EAST BIRKDALE LANE LAKE HAVASU CITY, AZ 86404 LAKE HAVASU CITY, AZ 86404 Contact: RYAN RICKABAUGH 928-733-7388 (phone)

Prepared 12/01/2023 by SCOTT CAUSEY, Phone: (928)208-8018

Work Area Material CAULK White Latex Caulking WINDOWS/DOORS Foam Windows & Doors PENATRATIONS Foam Sealant at Penetrations & Base Plate to Weep Screed Exterior Walls R21 HD Unfaced Fiberglass Batt Insulation Garage Walls R21 HD Unfaced Fiberglass Batt Insulation RV GARAGE WALLS R21 HD Unfaced Fiberglass Batt Insulation GARAGE COMMON WALL R21 Kraft Faced Fiberglass Batt Insulation

RV CEILING R22 6'' Nominal Open Cell Spray Foam TURN DOWNS R22 6'' Nominal Open Cell Spray Foam Garage Ceiling R22 6'' Nominal Open Cell Spray Foam HOUSE CEILING R22 6'' Nominal Open Cell Spray Foam

Total Price: $7,300.00 Proposal indicates items required for each Phase of the Job, followed by optional upgrades or sequences for that Phase. Initial acceptance of desired options on line left of itemand optional costs will be added to contract price. Return signed proposal and option/upgrade request.

TERMS: 60% Down, Balance due upon completion. A SERVICE CHARGE OF 1-1/2% PER MONTH OR AN ANNUAL PERCENTAGE RATE OF 18% will be charged on all past due accounts and all collection costs including court costs, attorney's fees and/or collection agency fees will be paid by purchaser.

GUARANTEE: All Material is guaranteed as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation fromabove specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate.

Tax will be added where applicable, unless proof of tax-exempt status is provided.

Acceptance of Proposal: by signing, Customer agrees that the prices, specifications and conditions noted herein and on the second page are satisfactory and hereby accepted & Customer agrees that Seller is authorized to performthe work as specified. __________________________________________________________________________________________________________________________ This proposal is good for 30 days from prepared date above.

Purchaser Acceptance: _____________________________________________ Date: __________ Authorized Signature

Seller Approval: Date: 12/01/2023

Authorized Signature (SCOTT CAUSEY) GENERAL TERMS AND CONDITIONS 1. ARIZONA PROMPT PAYMENT ACT: Your obligations to pay your contractor are subject to the Arizona prompt pay act. That act is set forth in Title 32, Chapter 10, Article 5, Arizona Revised Statutes. The full text of the statutes are available at your local public law library or the internet. Under that act, you have the right to withhold all or a portion of a payment to a contractor for a variety of reasons, including defective construction work that has not been corrected. However, in order to do so, you must issue a written statement setting forth in reasonable detail your reasons for withholding payments within fourteen (14) days after the date you receive a billing or estimate. If you fail to issue the written statement within that period, the billing or estimate will be deemed approved. Once the billing or estimate is deemed approved, you must pay the billing or estimate within seven (7) days. Generally, you are limited by the act to withholding only an amount that is sufficient to pay the direct costs and expenses you reasonably expect to incur to protect you fromloss for which the contractor is responsible. You are encouraged to read the act in full to know your obligations and rights. 2. PAYMENTS: Unless otherwise agreed in writing, a 60% DOWN Payment must be received before or at time of installation. Balance Due Upon Completion. A SERVICE CHARGE OF 1- 1/2% PER MONTH OR AN ANNUAL PERCENTAGE RATE OF 18% will be charged on all past due accounts and all collection costs including court costs, attorney's fees and/or collection agency fees will be paid by purchaser. A TRIP CHARGE OF $50.00 PER TRIP MAY BE CHARGED FOR UNNECESSARY TRIPS TO JOB LOCATION. 3. INSURANCE CLAIM: If the work performed relates to an insurance claimmade by Purchaser, the Insured/Owner/Agent authorizes Seller to discuss the insurance claim(s) with their insurance carrier and authorizes their insurance carrier to discuss the insurance claim(s) with Seller. Seller will provide professional services to determine the extent and cost to repair the damage. However, the ultimate responsibility for settlement of the insurance claimresides with the Insured/Owner. If applicable, Insured/Owner/Agent also authorizes Seller to discuss insurance claimbenefits with the Insured's mortgage company in relation to documentation requirements and the release of claimproceeds. 4. SUPPLEMENTS & CHANGE ORDERS: If we discover additional damage that was not evident during the initial inspection or if items are missing fromyour scope of work, Seller may submit a supplement or change order for approval. If you request changes to the scope of work, Seller may provide you a change order for your review and acceptance. 5. WARRANTY: All Material is guaranteed as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation fromabove specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado, and other necessary insurance. Our workers are fully covered by Workman's Compensation Insurance. 6. REQUIRED INSURANCE: Purchaser and/or Owner agrees to maintain insurance on the property and shall indemnify and hold Seller harmless for any damages occurring prior to, during, and after completion of construction. 7. LIQUIDATED DAMAGES: If the Purchaser cancels this Agreement or if Seller terminates this Agreement due to the Purchaser's failure to comply with any portion of this agreement, the Purchaser agrees to pay Seller liquidated damages equaling twenty percent (20%) of the scope of work (including any supplements and change orders) plus reimbursement for of any materials already purchased for the project that are unable to be returned for credit. 8. NOTICE: Notice to the Purchaser shall be sufficient if mailed to their last known address via U.S. postal first-class mail or by electronic mail sent to their last known email address. All claims of warranty, defective workmanship or substandard work product must be submitted to Seller in writing and must describe the claimin sufficient detail to determine the nature of the problemand signed by the Purchaser. Written notice of any claims of warranty, defective work or work product must be mailed to Seller at 111 S. 56th St., Chandler, AZ 85248. Any other means of delivery shall be deemed ineffective. 9. DELAYS: In the event the work is delayed due to an act outside the reasonable control of the Seller, including, but not limited to any delay by a governmental agency in issuing any permit(s) or in performing inspections, then the projected completion date shall be postponed until a later date. In the event work is prevented due to the Purchaser's action or inaction, including but not limited to (i) failure to provide access to the project, (ii) failure to timely make material selections, and/or (iii) failure to deliver insurance proceeds within three (3) days of receipt, this Agreement may be terminated at Seller's sole discretion and all sums for work completed (including liquidated damages) shall become immediately due and payable. 10. PRE-EXISTING CONDITIONS: Seller shall not be responsible for pre-existing conditions. 11. ARIZONA DEFAMATION LAW: In accordance with Godbehere v. Phoenix Newspapers, Inc., 162 Ariz. 335, 341 (Ariz. 1989), no Purchaser or affiliated person(s) shall commit libel or slander against Seller. This is to include both written and spoken statements and/or reviews which are online or otherwise, and includes false and/or misinterpreted information which brings Seller into disrepute, contempt, or ridicule; or impeaches the honesty, integrity, virtue, or reputation of Seller, its officers, employees and/or affiliates. Any such action shall be considered a material breach of contract. 12. SEVERABILITY: If any provision of this Agreement is or becomes illegal, invalid or unenforceable, that provision shall not affect the validity or enforceability of any other provision of this Agreement. 13. GOVERNING LAW, VENUE, WAIVER OF JURY TRIAL AND ATTORNEY FEES: This Agreement is governed by the laws of Arizona. Any claims, legal proceedings or litigation arising in connection with this Agreement will be brought solely in Arizona and the parties hereby consent to the jurisdiction of such courts. The parties hereby waive the right to a jury trial in any litigation arising in any way fromthis Agreement. The prevailing party shall recover its reasonable attorneys' fees and costs. 14. DISCLAIMER OF CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES UNDER THE TERMS OR PERFORMANCE OF THIS AGREEMENT. 15. ESCALATION. If, during the performance of this contract, the price of materials significantly increases, through no fault of Seller, the contract price shall be equitably adjusted by an amount reasonably necessary to cover any such significant price increases. As used herein, a significant price increase shall mean any increase in price exceeding 15% experienced by Seller fromthe date of the contract signing. Such price increases shall be documented through quotes, invoices, or receipts. Where the delivery of materials are delayed, through no fault of Seller, as a result of the shortage or unavailability of materials, Seller shall not be liable for any additional costs or damages associated with such delay(s). 16. ENTIRE AGREEMENT: This Agreement contains all covenants, representations and warranties between the parties and supersedes any prior discussions, understandings, or agreements between the parties. This Agreement may not be amended except in writing signed by both parties. 17. SPECIAL ORDERS: In the event the proposal contains any Special Order items (as denoted), Purchaser understands that Seller will use commercially reasonable efforts to return the item(s) to the supplier, but the order may not be returnable or may require payment of a restocking fee. The Purchaser agrees that they will be liable for (1) the cost of any and all such items that cannot be returned and/or (2) the restocking fee, as the case may be. We are required to inform you of your right to file a written complaint with the Registrar of Contractors (ROC) for an alleged violation of the ARS Section 32-1154, Subsection A. Any complaints must be made within the applicable time period, as set forth in Section 32-1155, Subsection A. The ROC can be contacted at (602) 542-1525, or online at http://www.azroc.gov. We request that if any portion of our work is unsatisfactory, you notify us prior to filing a complaint so we can attempt to resolve any concerns. 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