2023A-14197-CHC-ROC AMENDED Notice of Hearing and Packet MAILED

2023A-14197-CHC-ROC · Registrar of Contractors · 2024-04-17

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Scott Turner , Case No. 2023-14197 Docket No. 2023A-14197-CHC-ROC COMPLAINANT, v. AMENDED NOTICE OF HEARING ON CONTESTED Arizona Luxury Landscape and Design Inc CASE License No. ROC 334645,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

May 24, 2024 9:00 AM Jenna Clark Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

If you have requested to appear in-person at the hearing, the hearing will

be held at 1740 W Adams Street, Phoenix, AZ 85007.

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

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

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

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

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

The statutes and rules governing the hearing can be found at: Arizona Revised Statutes §§ 41-1092 to -1092.12, and Arizona Administrative Code R2-19-101 to -122. PARTICULAR ARIZONA STATUTES AND RULES INVOLVED The statutes and rules the Respondent is alleged to have violated are cited in the complaint and citation, which were served on the Respondent on March 11, 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)(2)(a)

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

Charge: 3 A.R.S. § 32-1154(A)(12) - A.R.S. § 32-1158

Charge: 4 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 April 18, 2024.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail April 18, 2024 to: Respondent(s) Arizona Luxury Landscape and Design Inc 31840 N 166th St Scottsdale, AZ

Complainant(s) Scott Turner 17112 E Las Piedras Way 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. 2023-14197 /

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: Scott Turner 17112 E Las Piedras Way 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: Arizona Luxury Landscape and Design Inc. 31840 N 166th St Scottsdale, AZ

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 December 15, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-14197

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for January 11, 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 11, 2024 2023-14197 JSI Photos

17112 E Las Piedras Way Rio Verde, AZ 85263

P 1 P 2 P 3 P 4 P 5 P 6 P 7 P 8 P 9 Katie Hobbs, Governor Martín Quezada, Director

Jobsite Inspection Notes

Case No.: 2023-14197 Investigator: David Fagerburg #210 Inspection Date: January 11, 2024 Inspection Time: 11:30 AM

Complainant: Scott & Lynn Respondent: Arizona Luxury and Turner, Homeowners Design Inc. Landscape, Nancy Not Present: Randle, Owner 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 Note: 1: Upon reviewing the written estimate submitted by the complainant I am able to verify there is at least 1 of the 9 minimum elements of a contract missing violating ARS §32- 1158 (A) Minimum elements of a contract. Specifically #1, #4, and #9.

Compliant Item 1: Scope of work not completed to contract,. Investigator’s Observation: Verified. At this jobsite investigation I observed a partially completed boulder wall with an exposed drain pipe and a Flagstone patio on the upper level at the east side of the home. See P (3) thru P (8). Upon reviewing the written estimate dated August 18, 2023 the boulder wall is to be 80’ in length and 4’ to 5’ in height with the boulders stacked with ¼” Madison Gold as a stabilizer to pack the boulders for drainage. During this jobsite investigation both parties agree during the project there was a dispute regarding the manner in which the boulders were being installed. The respondent stated that after 3 attempts to resolve the issue the project was put on hold and the respondent requested an additional payment to compensate for additional labor before continuing and the last time any work was performed was October 26, 2023. I am able to verify the boulder wall is not complete per the written estimate. The respondent shall complete the project per the original written estimate by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

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

Compliant Item 2: Lack of supervision by contractor causing additional labor cost to homeowner. We paid for Contractors supervision of placing boulders - contractor was rarely at the construction site. Investigator’s Observation: Not Verified. At this jobsite investigation I observed a partially completed boulder wall with an exposed drain pipe and a Flagstone patio on the upper level at the east side of the home. See P (3) thru P (8). Upon reviewing the written estimate submitted by the complainant I am able to verify there is a specification that the respondent will be on the jobsite placing boulders with the crew to ensure they are stacked appropriately. I am unable to verify as to whether or not the respondent provided supervision during the project or if there was additional labor costs to the complainant. The ROC does not have authority over how a contractor operates their business. Governing Rule: No Action

Compliant Item 3: Contractor threatened homeowner to shut down job if additional $9,000 wasn't paid on 10/20. Investigator’s Observation: Not Verified. There is insufficient evidence to substantiate this complaint item. The ROC does not get involved in financial disputes. Governing Rule: No Action

Compliant Item 4: Contractor underestimated actual scope of project with ordering materials. Investigator’s Observation: Not Verified. This is a statement made by the complainant that does not imply poor workmanship. Governing Rule: No Action

Compliant Item 5: Contractor did not follow thru with agreed upon construction of the boulder wall. Investigator’s Observation: Verified. This complaint item has been previously addressed in complaint item 1. Governing Rule: No Action

Compliant Item 6: Contractor charged homeowners an additional maintenance fee of $10,080 to remove boulders and proceed with the original agreement to stack boulders. Investigator’s Observation: Not Verified. After this jobsite investigation upon reviewing the original invoice submitted by the complainant the total cost of the boulder wall project is to be $22,860.00. There is insufficient evidence to substantiate that an additional maintenance fee of $10,080.00 was paid to the respondent. Governing Rule: No Action

Compliant Item 7: Contractor charged homeowner for "temporary" work that is substandard. Investigator’s Observation: Not Verified. After this jobsite investigation upon reviewing the original invoice submitted by the complainant the total cost of the boulder wall project is to be $22,860.00. There is insufficient evidence to substantiate that the respondent charged the complainant for temporary work that is substandard. 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 8: Over all - we had a very clear idea of how the project would look upon completion - we shared photos of both the wall and the stairs leading up to the patio area. Investigator’s Observation: Not Verified. This is a statement made by the complainant that does not imply poor workmanship. Governing Rule: No Action

Compliant Item 9: Contractor assured us that she could do the job to our satisfaction and we are left with an unfinished mess. Investigator’s Observation: Verified. At this jobsite investigation I observed a partially completed boulder wall with an exposed drain pipe and a Flagstone patio on the upper level at the east side of the home. See P (3) thru P (8). I am able to verify the project is unfinished per the written estimate submitted. The respondent shall complete the project per the original written estimate by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 10: Contractor has blamed us for her inability to follow thru with agreed upon construction - we have made no changes. Investigator’s Observation: Not Verified. After this jobsite investigation during a phone conversation the respondent asked if I had measured the length of the boulder wall. I informed the respondent that this is not a complaint item to investigate. The respondent stated that the complainant wanted the boulder wall to extend to the end of the raised elevation of the homes building pad and the boulder wall is longer than 80’. Based on my visual observation it appears the boulder wall may be longer than 80’ but I cannot verify the length. During the phone conversation the respondent agreed to complete the project per the original written estimate of 80’. There is insufficient evidence to substantiate this complaint item. Governing Rule: No Action

Compliant Item 11: Our vision is the same that it was when we began this process. We have been taken advantage of by this contractor - I think because we are nice people - that she thought she could run this project in any direction that she chose. Investigator’s Observation: Not Verified. This is a statement made by the complainant that does not imply poor workmanship. 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: Scott Turner 17112 E Las Piedras Way 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: Arizona Luxury Landscape and Design Inc. 31840 N 166th St Scottsdale, AZ

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 19, 2024

License No. ROC 334645

Re:Complaint No. 2023-14197

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 Monday February 12, 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.

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

Compliant Item 1: Scope of work not completed to contract,. Investigator’s Observation: Verified. The respondent shall complete the project per the original written estimate by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Compliant Item 9: Contractor assured us that she could do the job to our satisfaction and we are left with an unfinished mess. Investigator’s Observation: Verified. The respondent shall complete the project per the original written estimate by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

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

Compliant Item 2: Lack of supervision by contractor causing additional labor cost to homeowner. We paid for Contractors supervision of placing boulders - contractor was rarely at the construction site. Investigator’s Observation: Not Verified. I am unable to verify as to whether or not the respondent provided supervision during the project or if there was additional labor costs to the complainant. The ROC does not have authority over how a contractor operates their business. Governing Rule: No Action

Compliant Item 6: Contractor charged homeowners an additional maintenance fee of $10,080 to remove boulders and proceed with the original agreement to stack boulders. Investigator’s Observation: Not Verified. There is insufficient evidence to substantiate that an additional maintenance fee of $10,080.00 was paid to 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 7: Contractor charged homeowner for "temporary" work that is substandard. Investigator’s Observation: Not Verified. There is insufficient evidence to substantiate that the respondent charged the complainant for temporary work that is substandard. Governing Rule: No Action

Compliant Item 10: Contractor has blamed us for her inability to follow thru with agreed upon construction - we have made no changes. Investigator’s Observation: Not Verified. There is insufficient evidence to substantiate this complaint item. 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: Scott Turner 17112 E Las Piedras Way 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: Arizona Luxury Landscape and Design Inc. 31840 N 166th St Scottsdale, AZ

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 26, 2024

Compliance Jobsite Inspection Notice Re: Complaint No. 2023-14197

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for March 4, 2024 at 11:30 AM 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 March 4, 2024 2023-14197 CJSI Photos

17112 E Las Piedras Way Rio Verde, AZ 85263

P 1 P 2 P 3 P 4 P 5 P 6 P 7 P 8 P 9 P 10 Complainant: Scott Turner 17112 E Las Piedras Way 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: Arizona Luxury Landscape and Design Inc DBA: 31840 N 166th St Scottsdale, AZ

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.: 2023-14197 Investigator: David Fagerburg Inspection Date: Inspection Time: : PM

Compliance Jobsite General Notes:

Compliance Findings:

Compliance Item: - Hallway Bathroom door trim is all off. door is crooked one part on the tip of the tile the other is not on the tile that they removed Investigator’s Observation: I observed the door jam and the trim with excessive gaps in the joint that were filled in with caulk. Governing Rule: 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.

Compliance Item: - Master bedroom door doesn't shut right because its crooked and can see light at the top. The bottom of the door was cut off by my table saw they borrowed and destroyed the bottom. Door is so off it rattles when the heater comes on. You can see light throu Investigator’s Observation: I observed the Master bedroom door from the hallway. The door closed I can see the door is not flush with the jamb allowing excessive light from the bedroom to come into the hallway. The bottom of the door is cut uneven and I can see the saw cut. Governing Rule: 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.

Compliance Item: - Hallway closet door ruined completely destroyed by a nail gun and trim is horrible uneven. Hallway closet removed and threw away trim that had

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 nothing to do with the door Investigator’s Observation: I observed a hollow core door that was modified to fit in the narrow door frame and along the hinge side of the door there are several exposed nails. Inside the closet it appears that the inside trim was not put back on / replaced. Governing Rule: 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.

Compliance Item: - Hallway closet now has insulation falling out of the attic, can see up into the attic a mess. hallway door destroyed by Daryl because didn't to wait for 22 in door, made one. Drywall exposed now on the right hand side inside of hallway door because the do Investigator’s Observation: I observed inside the closet which appeared to have previously trimmed inside the closet and now there are areas where the trim appears not to have been replaced. On the right side of the door frame the knock down was pulled off of the dry wall leaving a smooth surface. Governing Rule: 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.

Compliance Item: - Master Bath, the bottom of the door damaged by workers using a table saw to cut the bottom off. Jagged on the bottom. uneven all around the entire door. the door is filled with 1 inch caulking around the door. It is now settled and caved into and is crack Investigator’s Observation: I observed an uneven cut at the bottom of the door and an excess of caulk used to fill in the trim around the door. Governing Rule: 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.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Compliance Item: - bedroom 2, Closet door doesn't shut right. the trim is crooked, trim in closets was nailed over bottom trim and sticks out. Bedroom door trim at the top of the door goes from 1 inch to 3 inch totally crooked. looks horrible. very noticeable. Investigator’s Observation: I observed the crooked trim on both doors including the top trim piece is uneven. Governing Rule: 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.

Compliance Item: - bedroom 3 Door rattles when the heater on. trim is all of the door is crooked an dpart of the pre hung is on the tile and the other side is on the floor. trim at the top starts out small and gets bigger very noticeable. shaved off some of the door because Investigator’s Observation: I did not observer any of the doors rattling because the heater was not on while there. The door trim is crooked and the top trim piece is very uneven. Governing Rule: 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.

Compliance Item: - Per City of Surprise no permits were obtained to build backyard and pool. Investigator’s Observation: I left a message for the city of Surprise, but have not hear back. The Contractor will need to obtain a permit on this job. Governing Rule: 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.

Compliance Item: - Provide bonding to spa motor and metal frame around spa access opening. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Investigator’s Observation: The access door to the spa motor was not able to close. this will need to be repaired. Governing Rule: 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.

Compliance Item: - Complete grade at back and east side of house. Investigator’s Observation: The grading does appear to be directed towards the foundation of the house. It also appears that there is not the required space needed for proper drainage in the back of the home. Governing Rule: 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.

Compliance Item: - Fix turf, so water does not drain into my house slab. Investigator’s Observation: The turn and grading are not installed in a manner that would move water from the foundation. Governing Rule: 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.

Compliance Item: - Fix grading of entire property. Investigator’s Observation: There would have needed to have been a grading plan submitted with the permit to the city. This will need to be completed per that plan. Governing Rule: 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.

Compliance Item: - Missing 2 lounge chairs in pool. Investigator’s Observation: Provide chairs as per contract.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Governing Rule: 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.

Compliance Item: - 1: All flooring removed Investigator’s Observation: Project abandoned. Governing Rule: Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.

Compliance Item: - 2: New flooring not provided or installed. Investigator’s Observation: Project abandoned. Governing Rule: Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.

Compliance Item: - 3: All tile not provided and not installed in master bath Investigator’s Observation: Project abandoned. Governing Rule: 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.

Compliance Item: - 4: Master pan not installed Investigator’s Observation: Project abandoned. Governing Rule: 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.

Compliance Item: - 5: Shower wall guest-poor workmanship, metal shutter too short. Investigator’s Observation: Project abandoned. Governing Rule: Violation of any rule adopted by the Registrar; Namely 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - 6: slab 2cm 1-2 chake beige not ordered or installed. Investigator’s Observation: Project abandoned. Governing Rule: 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.

Compliance Item: - 2cm quartz not installed Investigator’s Observation: Project abandoned. Governing Rule: 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.

Compliance Item: - 8: master shower glass not ordered or installed. Investigator’s Observation: Project abandoned. Governing Rule: 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.

Compliance Item: - 9: Plumbing vanity sinks not accomplished, master shower valve not complete. Investigator’s Observation: Project abandoned. Governing Rule: 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.

Compliance Item: - 10: plumbing master bathtub not installed. Investigator’s Observation: Project abandoned. Governing Rule: Violation of any rule adopted by the Registrar; Namely 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - 11: kitchen trim not removed or installed. Investigator’s Observation: Project abandoned. Governing Rule: 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.

Compliance Item: - 12: Toilets one removed not installed #2 not removed or installed Investigator’s Observation: Project abandoned. Governing Rule: 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.

Compliance Item: - 13: Baseboards not all removed, none installed Investigator’s Observation: Project abandoned. Governing Rule: 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.

Compliance Item: - 14: Retack- carpet not accomplished. Investigator’s Observation: Project abandoned. Governing Rule: 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.

Compliance Item: - 15: Bath Cabinets master and hall installed-not level wood split out. Investigator’s Observation: Project abandoned. Governing Rule: Violation of any rule adopted by the Registrar; Namely 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - 16: Final cleaning not accomplished. Investigator’s Observation: Project abandoned. Governing Rule: 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.

Compliance Item: - 17: Guest bath door and frame damaged. Investigator’s Observation: Project abandoned. Governing Rule: 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.

Compliance Item: - 18: Front door treas-hold damaged. Investigator’s Observation: Project abandoned. Governing Rule: 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.

Compliance Item: - 19: Shower walls wrong Investigator’s Observation: Project abandoned. Governing Rule: 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.

Compliance Item: - 20: Change order wall cut to 97 1/2" wrong cabinets ordered. Investigator’s Observation: Project abandoned. Governing Rule: Violation of any rule adopted by the Registrar; Namely

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - 1: Improper ledge stone installation corner on raised spa. Investigator’s Observation: The corner on the right side facing the spa had a 1" spacing. Governing Rule: 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.

Compliance Item: - 13: Paid for $3,030 change order, back wall not done. Investigator’s Observation: The back wall has not been completed. It needs to be fixed per contract. Governing Rule: 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.

Compliance Item: - 1: Replace interior doors, exterior front door and patio back door. Investigator’s Observation: There is no need to replace any of the doors. There is finishing work still needed. Governing Rule: 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.

Compliance Item: - 2: Damage to newly painted walls, baseboards and ripped out casement. Investigator’s Observation: Finishing work is still needed on the jobsite. Governing Rule: 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.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Compliance Item: - 3: Damage to stucco around the back patio door. Investigator’s Observation: There is finishing work needed around the back patio door. Governing Rule: 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.

Compliance Item: - 5: Paint issues with the interior doors and casements. Investigator’s Observation: Most of the doors had been repaired by the contractor prior to the inspection. There were a couple of locations still needing repair. Governing Rule: 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.

Compliance Item: - 1: Contractor did not provide correct cabinet doors Investigator’s Observation: Cabinet doors are missing Governing Rule: 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.

Compliance Item: - 2: contractor did not have sufficient skin and trim materials to complete job. Investigator’s Observation: Missing items from job. Governing Rule: 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.

Compliance Item: - 3: Contractor said he would complete job upon receipt of correct doors from MFG. Investigator’s Observation: The work has been abandoned

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Governing Rule: Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.

Compliance Item: - 4: After a year of excuses contractor did not complete job. Investigator’s Observation: The job has been abandoned Governing Rule: Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.

Compliance Item: - 5: Contractor said he would deliver missing materials but did not show up as promised. Investigator’s Observation: Job has been Abandoned. Governing Rule: Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.

Compliance Item: - 1 Investigator’s Observation: Governing Rule: 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.

Compliance Item: - 1 Investigator’s Observation: 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Governing Rule: 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.

Compliance Item: - “Project not completed in time frame of the contract.” Investigator’s Observation: Substantiated. Contract specifies a project duration of no more than 8 months after project begins. Work began 12/7/2017 and at time of jobsite inspection work had not been completed. Governing Rule: 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.

Compliance Item: - “Multiple walls are twisted and out of square, need to be reframed.” Investigator’s Observation: Substantiated. At time of jobsite inspection I observed that the wall in the foyer adjacent to the kitchen appeared out of square, the wall outside of bedrooms 1-4 was out of square at the top corner, the header beam at the kitchen threshold to the dining room was out of square (appeared twisted), and that the header

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 beam between the foyer and the dining room was out of square (appeared twisted). Governing Rule: 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.

Compliance Item: - “Sheetrock on porch installed improperly.” Investigator’s Observation: Substantiated. At time of jobsite inspection I observed the sheetrock on the main house front porch ceiling was installed to the edge of the roofing fascia with no flashing and was cracked and the sheetrock on the guest house front porch ceiling was installed to the edge of the roofing fascia with no flashing. Governing Rule: 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.

Compliance Item: - “Tile in front hallway unfinished and not done properly.” Investigator’s Observation: Substantiated. At time of jobsite inspection I observed tile work in the front hallway which had not been completed per contract. Governing Rule: 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.

Compliance Item: - “Trim work in house is installed improperly.” Investigator’s Observation: Substantiated. At time of jobsite inspection I observed trim work in many areas of the house that was installed poorly with excessive gaps present between many pieces, trim installed around doors out of level and with uneven reveals, and planar offsets at the top profile and side profile of many junctions of trim at joints. Additionally, I observed trim installed at closet doors which would prevent closet doors from closing completely. Governing Rule: Violation of any rule adopted by the Registrar; Namely

Compliance Item: - “Electrical outlets, switches, etc are installed incorrectly.” Investigator’s Observation: Substantiated. At time of jobsite inspection complainant advised electrical outlet and light switch cover plates were not level. At time of jobsite inspection I observed many electrical outlet and light switch cover plates which appeared to be out of level. Governing Rule: 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.

Compliance Item: - “Ice block windows in master bathroom installed incorrectly and are leaking.” Investigator’s Observation: Substantiated. At time of inspection I observed that there were areas of missing grout from the glass block windows in the master bathroom. I could not determine at time of jobsite inspection if glass block windows were leaking as complainant declined water test. Governing Rule: 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.

Compliance Item: - “Incorrect electrical switches installed.” Investigator’s Observation: Substantiated. Complainant advised at time of jobsite inspection that the master bath shower and master bath lavatory were missing switches. I observed a single switch installed in the lavatory while the plans show two switches – one for the light and one for the exhaust fan. I observed a single switch installed for the shower and the plans showed a single switch. Governing Rule: Departure from or disregard of: (a) Plans or specifications in any material respect that is prejudicial to another without consent of the 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 owner or the owner's duly authorized representative and without the consent of the person entitled to have the particular construction project or operation completed in accordance with such plans and specifications and code.

Compliance Item: - “Interior walls damaged have holes. Not patched or painted.” Investigator’s Observation: Substantiated. At time of jobsite inspection I observed areas of mismatched paint and areas of incomplete paint. Governing Rule: 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.

Compliance Item: - “Drywall shelf located in hallway finished incorrectly.” Investigator’s Observation: Substantiated. At time of jobsite inspection I observed that one inside corner of niche was rounded and the other was square. Governing Rule: 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.

Compliance Item: - “Faucet holes drilled in granite countertop are not aligned with sink bathrooms.” Investigator’s Observation: Substantiated. At time of jobsite inspection I observed the holes cut in granite countertops for the bathroom faucets were not centered to the bathroom sinks. Governing Rule: 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.

Compliance Item: - “Faucet holes drilled in granite countertops are not aligned with sink kitchen.”

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Investigator’s Observation: Substantiated. At time of jobsite inspection I observed the hole cut in granite countertops for the kitchen faucet was not centered to the kitchen sink. Governing Rule: 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.

Compliance Item: - “Grout is on top of finished tile, needs to be removed.” Investigator’s Observation: Substantiated. At time of jobsite inspection I observed grout haze on tiles in showers. Governing Rule: 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.

Compliance Item: - “Interior of windows are damaged.” Investigator’s Observation: Substantiated. At time of jobsite inspection I observed thin set on the bathroom window and gouges on a bedroom window. Governing Rule: 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.

Compliance Item: - “Backsplash in kitchen installed incorrectly.” Investigator’s Observation: Substantiated. At time of jobsite inspection I observed that work for this item had not been completed. Governing Rule: 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.

Compliance Item: - “Fireplace back tile not finished improperly.” Investigator’s Observation: Substantiated. At time of jobsite inspection I observed

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 a poorly done transition of tile at the tile to fireplace junction. Governing Rule: 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.

Compliance Item: - “Rough cut edges/eneven edges countertops in bathrooms & kitchen.” Investigator’s Observation: Substantiated. Complainant advised of excessive epoxy on kitchen counter tops, rough cut edges on kitchen countertops, and rough cut edges on backs of bathroom countertops. At time of jobsite inspection I observed excessive epoxy on kitchen counter tops which was poorly finished and an unfinished edge on the kitchen counter top to the far right of the counter top at area entering the living room. Governing Rule: 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.

Compliance Item: - “Holes in exterior stucco walls.” Investigator’s Observation: Substantiated. At time of jobsite inspection I observed a hole in the exterior of the guest house stucco system on the Southwest wall corner, a hole in the exterior of the guest stucco system on the South wall, and an exposed receptacle on the back porch of the main house on the interior West wall of the back porch. Governing Rule: 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.

Compliance Item: - “PVC drain pipe not installed correctly sticking out of sheetrock.” Investigator’s Observation: Substantiated. At time of jobsite inspection I observed an exposed section of plumbing drain pipe in the guest house. Governing Rule: Violation of any rule adopted by the Registrar; Namely 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - “Shower tile installed improperly, in all bathrooms.” Investigator’s Observation: Substantiated. At time of jobsite inspection I observed poorly installed tile in showers at the tile to wall junctions, tile to wall corner junctions, and tile to window junctions. Governing Rule: 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.

Compliance Item: - “Interior door hinges installed incorrectly in 1 bedroom.” Investigator’s Observation: Substantiated. At time of jobsite inspection I observed the hinges on one bedroom door had been re-mortised, the door re-hung, and existing hinge mortises locations were not finished/stained to match the door finish/stain. Governing Rule: 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.

Compliance Item: - “Garage doors not functioning.” Investigator’s Observation: Substantiated. This item not completed per contract. Governing Rule: 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.

Compliance Item: - “Exterior doors are installed incorrectly.” Investigator’s Observation: Substantiated. At time of jobsite inspection I observed the door threshold/sill plate to the interior garage man door/fire door flexed and was installed poorly and the exterior garage man door threshold/sill plate was poorly supported with a gap present under the threshold/sill plate.

Compliance Item: - “Kitchen cabinets installed crooked and poorly and are not completed.” Investigator’s Observation: Substantiated. At time of jobsite inspection I observed the upper kitchen cabinet above the refrigerator cut out was not aligned to the adjacent oven cabinet, the end panel for the refrigerator cabinet was installed up against an electrical receptacle cover plate, the 45 degree corner cabinets were installed poorly and not lined up with the 45 degree counter angle below them, the cabinet on the west wall (butler cabinet/desk cabinet) appeared out of level or square with the wall to its left, the end panel on the refrigerator upper cabinet was not securely fastened, and the upper cabinets to be located on the East wall of kitchen had not been installed. Governing Rule: 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.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Compliance Item: - 1 Investigator’s Observation: Governing Rule: 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.

Compliance Item: - Investigator’s Observation: Governing Rule: 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.

Compliance Item: - Allegation 1 Investigator’s Observation: Substantiated Governing Rule: 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.

Compliance Item: - Allegation 3 Investigator’s Observation: Substantiated Governing Rule: 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.

Compliance Item: - 1: Uncertain if any work was actually done. Was told a new beam and epoxy sealant needed to be done in attic. Investigator’s Observation: There was no sign of any work in the attic being done. There were no new beams installed and no epoxy sealant sprayed anywhere in the attic. Governing Rule: 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.

Compliance Item: - 1 Investigator’s Observation: Found Governing Rule: Namely, A.R.S. § 32-1151.01: A corporation, association or other

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 organization that is a licensed contractor shall immediately notify the registrar of any transfer of ownership of twenty-five percent or more of the stock or beneficial interest in the company

Compliance Item: 1 - One of the original leaks was repaired but still leaks. Investigator’s Observation: There was no leak on the day of jobsite inspection. There was evidence of a past leak in the form of stains on the ceiling. The roof should be free from leaks.

Contractor should repair by appropriate means. Governing Rule: 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.

Compliance Item: 1 - Flooring in master bathroom has dip. Investigator’s Observation: There was a dip in the master bath floor. The respondent has since fixed the dip, however the repair has a "ledge" in it between floor boards. The repaired seam in question should not have a noticeable ledge on it. The contractor should repair by appropriate means. Governing Rule: 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.

Compliance Item: 1 - Quartz counter has mismatched color lots. Two slabs adjacent to each other are different shades and from different manufacturing locations Investigator’s Observation: Noted the adjacent two slabs, one to the right of the sink and the peninsula slab were very different in color. The color/grain difference is very noticeable at the joint. Slab on the peninsula appears to be a lighter shade than adjacent slab. Allegations verified Governing Rule: Violation of any rule adopted by the Registrar; Namely 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 1 - "I need gutters to alleviate flooding in my backyard. I contacted Kanmar Construction. Josh said he would need to replace the patio cover in order to replace the gutters. He said they could do it that weekend or the next. When they didn't come out, I thou Investigator’s Observation: The contract was written 7/20/2020 to rebuild an incorrectly installed rear patio cover, install 6” gutters and downspout on the front and back of the house for $5391. That same day, the homeowner told me and showed where Josh (owner of Kanmar Construction LLC) tarred and caulked a patch on the roof on the front of the house, near where the gutters were to go. That area had been leaking into her house. This item was not on the contract and no compensation was given. This was the only work that was done. On 7/21/2020 The homeowner delivered a check for half in person to Joshua Scott at the Kanmar building. The check was for $2696. Josh advised the homeowner verbally the work would be done within the next two weeks. By the middle of August, the work had not been started. So she contacted Kanmar and asked for at least the gutters to be done. Still no one showed up to do the work. She contacted the office at Kanmar and was told she was on the schedule for September, but still heard nothing. On September 8, 2020, she sent an email and a letter via USPS to Kanmar advising she still wanted the work done and asked for a response by 9/19/2020. In October she reports that she called and went to Kanmar’s office several times trying to get the work done. On 10/14/2020 she found Josh at the Kanmar office. He advised he would get back to her the following Friday. She advised he acted as though she had cancelled the contract, which she did not do. He never called her back. At the end of November, she went to Kanmar again and Josh was there. He told her the cost of materials had increased and instead of costing the original amount of $5391, it would not cost her $6927 and he couldn’t give her credit for what she had already paid.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 He handed her with a new contract that was backdated to 7/20/2020, with the same estimate number. Josh told her he had returned the material for her job and had not received a credit. On 12/1/2020 Josh told her he would give her a $1000 credit for materials he had in the shop. The homeowner, Linda Flynn, provided me with a copy of her written statement during the inspection and a copy of the second bid. She also emailed me copies of a text message thread she had with Josh following his second bid, and copies of the email and letter she had written 9/8/2020 asking them to do the work they had contracted to do in July (before there was any talk of a second bid.) Joshua Scott, Kanmar, was not present for the inspection. On 12/18/2020, I had called and spoke with Josh for the Adverse Action call. He asked why we were setting up an inspection. He said, “We never even started the job. She, she signed the contract and we ordered the material and then she said she didn’t want to do the the patio cover and then so she said she didn’t want to do it so I, I cancelled the order and or well we cancelled the contract and then a couple of months later she came back and said you know what, can I get it done now? And I said we’d have to redo the whole contract.” I asked if he had any documents to verify that and he said he thought so. He said his daughter works the office and he would talk to her. I advised him he was welcome to work this out with the Complainant before the inspection date. On 12/29/2020, a warning letter was sent to Kanmar for elelements of a contract and on 12/31/2020 the inspection notice was sent via email and USPS to Kanmar with the date of the inspection. Josh has made no attempts to contact me. The homeowner said that Josh and/or Kanmar did not contact her in the past 30 days and none of her money has been returned. Due to the Respondent cancelling the contract, this appears to be abandonment. Governing Rule: Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Compliance Item: 1 - Work was not completed per written contract or written work order Investigator’s Observation: I noted that the work was not completed. Block walls were not finished in all 3 residences shown to me at the jobsite inspection. I noted various block wall sections were blocks were missing, blocks were broken, several block that had holes, and in various areas cap blocks were not installed. I also noted that various sections of the block wall were missing pilasters (columns). The Respondent is responsible for the work they completed up until termination. The Respondent shall ensure the wall is constructed according to plans, specifications and guidelines according to contract. This includes ensuring the appropriate cells are filled and all repairs are done satisfactorily. Governing Rule: 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.

Compliance Item: 1 - Contractor failing to be diligent in performing and completing the project. Initial completion date on original contract was 9/1/2021. Items paid for per draw schedule on 11/5/2021 including windows, exterior doors, garage door and siding have not been in Investigator’s Observation: Due to the Stop Work Order and Respondents questions this has been amended for clarification of requirements. This complaint item is verified. It is not uncommon for unforeseen conditions to occur in the construction industry, however the timeline on this project has exceeded what would be generally acceptably by professional industry standards. Respondent shall perform work in a timely fashion as agreed upon in the contract. Respondent shall complete the project per original contract agreement, properly executed change orders, local building codes, professional industry standards and manufacturer's installation instructions. Governing Rule: Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 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.

Compliance Item: 1 - The project was for a full roof replacement both house and garage. When the project was complete and within a couple of weeks, the area around my Pellet Stove up pipe started leaking. They came and repaired it by replacing the cap on the stove pipe. Investigator’s Observation: The Registrar received and investigated your complaint. The Registrar determined that the chimney pipe leaked when water was applied. Contractor will determine cause and repair by appropriate means.

Roofs should not leak and should be installed to withstand winds accompanied by heavy rains. The contractor should not be responsible for leaks caused by alterations, tie-ins or penetrations caused by owner or others after completion of the roof, nor for extreme weather conditions. Governing Rule: 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.

Compliance Item: 1 - Shower tiles are crooked and spacers not used. Uneven. Investigator’s Observation: Overall tile grout lines are uneven. The tile lines are not straight. Tiles are uneven. Tile should be straight with consistent grout lines and free from lippage.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Contractor should make repairs by appropriate means. Governing Rule: 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.

Compliance Item: 1 - Cabinet doors have issues. Investigator’s Observation: The cabinet door panels are discolored around the perimeter. Respondent's supplier has agreed that all doors need to be replaced. t the time of inspection, they have been ordered. Contractor should make repairs by appropriate means. Governing Rule: 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.

Compliance Item: 1 - Crack over entire ceiling in Great Room after hearing and feeling a large large thud/wood breaking coming from the roof on October 31, 2019. A dry-waller put drywall over it on November 20,2019 and the ceiling re cracked 4 days later. Investigator’s Observation: There was a large crack across the ceiling, It did appear to be where two pieces of drywall meet up. We are waiting for an engineers report. Governing Rule: 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.

Compliance Item: 1 - Decking separated from tile around the entire pool. Investigator’s Observation: The decking and tile have begun to separate. This issue will need to be repaired by appropriate means. Governing Rule: 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. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Compliance Item: 2 - Crack in ceiling of dining room (continuation of great room crack). hole has developed where the ceiling meets the wall. Investigator’s Observation: The crack is a continuation of the one in the ceiling that has also gone down the wall. We are waiting for an engineers report. Governing Rule: 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.

Compliance Item: 2 - After damage the leak was fixed but the decking that was cut out was never replaced. Investigator’s Observation: The repair patch has not been completed in its repair and needs to be finished. Governing Rule: 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.

Compliance Item: 2 - Carpet has tack strips poking through. Investigator’s Observation: The tack strips at the thresholds are sticking through creating a puncture hazard.

Contractor should make repairs by appropriate means. Governing Rule: 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.

Compliance Item: 2 - No painting was done on existing doors and drawers. Investigator’s Observation: The cabinets are currently not repainted. Contractor should paint cabinets per contract.

Compliance Item: 2 - Master Shower Investigator’s Observation: Respondent located an a/c supply in the master shower that needs to be relocated. When below dew point will cause condensation. Governing Rule: 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.

Compliance Item: 2 - lt started leaking once again in the same place when we had snow and moisture on the roof which was in a couple of months. They returned and did some other things to the roof and said it was repaired. They finally sent their "warranty repair crew" who lif Investigator’s Observation: The Registrar received and investigated your complaint. The Registrar determined that the chimney pipe leaked when water was applied. Contractor will determine cause and repair by appropriate means.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Compliance Item: 2 - Many insulation leaks throughout the house. Inadequate insulation. Investigator’s Observation: The contractor already re-sprayed the ceiling. The contractor agreed that there are hot spots that were revealed as a result of an infrared test. The contractor should identify hot spots and make repairs by appropriate means. Governing Rule: 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.

Compliance Item: 2 - There are stains on the ceiling as a result of the leaking roof. Investigator’s Observation: There are stains on the ceiling in the living room.

Contractor should repair by appropriate means using an appropriate subcontractor. Governing Rule: 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.

Compliance Item: 2 - Paint incomplete on flashing above garage. Investigator’s Observation: There is a piece of roof-to-wall flashing that is not painted to match the rest of the flashing on the roof. Contractor should paint the un-painted flashing an appropriate color. Governing Rule: 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.

Compliance Item: 3 - the roof has broken tiles. I contacted the builder and was told that the roof would be inspected and all broken tiles fixed. A team was sent and fixed one tile. I called Meritage and a team replaced a second tile. I hired an independent home inspector Investigator’s Observation: I noted a roof tile at the front right side of the residence 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 ( hip section) that was crocked and not in line with the rest of the tile on that hip roof line. Respondent acknowledged they are planning on correcting this item. Governing Rule: 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.

Compliance Item: 3 - Electrical Investigator’s Observation: Light combo switch for master bath is located in master bedroom not in bathroom. Governing Rule: 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.

Compliance Item: 3 - Crack where ceiling and wall meet in dinning room, cracking down the back wall above the dinning room sliding door. Investigator’s Observation: The crack is a continuation of the one in the ceiling that has also gone down the wall. We are waiting for an engineers report. Governing Rule: 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.

Compliance Item: 3 - The gutter at the back of the home is dented from the respondent's ladder. Investigator’s Observation: There are dents in the middle 10ft section of the gutters on the back of the home.

Contractor should repair by appropriate means. Paint if required to match existing gutters. Governing Rule: Violation of any rule adopted by the Registrar; Namely

Compliance Item: 3 - Tile at bedroom threshold is broken. Investigator’s Observation: There is a broken tile at the threshold to the bedroom. The tile is displaced indicating there was inadequate thinset under this corner of the tile.

Compliance Item: 3 - Last week we had some rain, and it leaked once again in the exact same place. 1have given them three times to get this leak fixed and am not satisfied that they can fix this problem which has been demonstrated by their three attempts. 1 would like to get Investigator’s Observation: The Registrar received and investigated your complaint. The Registrar determined that the chimney pipe leaked when water was applied. Contractor will determine cause and repair by appropriate means.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Compliance Item: 4 - Kitchen cabinet shelf missing. Investigator’s Observation: The cabinet above the microwave has hardware for an additional shelf but no shelf. Contractor should supply a second shelf.

Compliance Item: 4 - Crack next to great room sliding doors. Investigator’s Observation: The crack is a continuation of the one in the ceiling that has also gone down the wall. We are waiting for an engineers report. Governing Rule: 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.

Compliance Item: 4 - Stucco texture pattern not consistent. Investigator’s Observation: Stucco patterns do not match on rear patio area. Governing Rule: 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.

Compliance Item: 4 - Suction line in the pool for sweep never worked properly. Investigator’s Observation: The suction line will need to be completed as per contract. Governing Rule: 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.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Compliance Item: 4 - Electric issues, including switches that don't work and multiple problems with circuits being tripped for no apparent reason. Investigator’s Observation: At jobsite inspection the Complainant pointed out multiple lighting fixtures to me. There is a light at the top of the stairs which Complainant contends flickers. At the jobsite inspection I was not able to substantiate this and this particular light appeared to be working properly.

In addition to this, there are some recessed lighting and smart switches on the first floor of the home installed by Respondent that do not function properly. There are two lights in the walls of the staircase which appear to not be functioning. Respondent acknowledged, based on the type of lighting installed, that these lights are known for being unreliable after install. Respondent offered to replace these lights at job site inspection which Complainant indicated was an acceptable solution to this issue. Lighting should function as intended and Respondent shall correct by appropriate means. Governing Rule: 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.

Compliance Item: 5 - Crack on wall of great room from ceiling to hallway down wall. This crack is about 8-12 inches away from the initial crack in the great room ceiling descried in #1. Investigator’s Observation: The crack is a continuation of the one in the ceiling that has also gone down the wall. We are waiting for an engineers report. Governing Rule: 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.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Compliance Item: 5 - Kitchen cabinet scratch in door. Investigator’s Observation: There is a scuff in the left door above the microwave. The contractor agrees and has contacted the cabinet supplier.

Compliance Item: 5 - Creaky floor outside of bathroom fixed by placing a screw through the carpet and pad. screw head easily visible in center of floor Investigator’s Observation: I noted that a screw was run through the carpet into the floor joist. The screw did not made it all the way through the carpet fabric therefore it can be felt and also creates a dimple on the carpet. Respondent shall correct by the appropriate means. Governing Rule: 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.

Compliance Item: 5 - Decking cracks were never repaired as promised and are now no longer minor repairs. The cracks are widening. Investigator’s Observation: The cracking on the deck are outside acceptable standards, these cracks will nee to be repaired by appreciable means. Governing Rule: 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.

Compliance Item: 5 - Safety issue with window screen not fitting in upstairs loft. Screen has never fit. Investigator’s Observation: The window screen for the easternmost window on the 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 second floor loft was observed to not fit appropriately and should be corrected by appropriate means. Governing Rule: 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.

Compliance Item: 5 - Install the Three lights above Kitchen Breakfast Bar Investigator’s Observation: An agreement was reached Complainant will provide lights and Respondent will install. Counsel for Respondent was present. Governing Rule: 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.

Compliance Item: 5 - Sink not centered. Investigator’s Observation: Under mount sink is visibly off center. Left and front of the sink give the perception of a negative reveal. The right and rear sides of the sink appear as more of a zero or positive reveal. Sink should be equal on all sides. Allegation verified. Governing Rule: 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.

Compliance Item: 6 - Missing door hardware identified at closing. Investigator’s Observation: There are screws missing in various door knobs throughout the home. Contractor should identify missing hardware, supply and install.

Contractor should make repairs by appropriate means Governing Rule: 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. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Compliance Item: 6 - Crack in ceiling above refrigerator area. Investigator’s Observation: There is a small superficial crack consistent with settling above the refrigerator. These type of repairs are typically a one year punch list repair from the builder. Governing Rule: 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.

Compliance Item: 7 - Bare spot gravel needed in front yard identified at closing. Investigator’s Observation: There are some inconsistencies in the gravel coverage in the front yard. The contractor agreed to this at the JSI. Gravel coverage should be consistent.

Compliance Item: 7 - Crack in ceiling in garage. Investigator’s Observation: The crack is consistent with settling. These type of repairs are typically a one year punch list repair from the builder. Governing Rule: 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.

Compliance Item: 8 - Incorrect paint matching after recent drywall repairs. Investigator’s Observation: The only areas observed to require attention regarding this allegation are: the inside wall of the pantry surrounding the doorbell transformer, which exhibited inconsistent color and sheen; the ceiling in the upstairs loft area which

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 exhibits inconsistent texture and sheen after repairs; and an upstairs bedroom where a gap in the ceiling/wall junction was filled with some sort of caulking which is still visible and paint does not match the surrounding areas. Respondent shall correct these issues by appropriate means. Governing Rule: 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.

Compliance Item: 8 - Crack in ceiling in the hall to laundry room. Investigator’s Observation: The crack is consistent with settling. These type of repairs are typically a one year punch list repair from the builder. Governing Rule: 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.

Compliance Item: 9 - Install all window screens. Investigator’s Observation: Respondent will install missing screen from Rear Spare Bedroom. Counsel for Respondent was present Complainant requested screen doors for two sliding doors. Was not covered in contract. Governing Rule: 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.

Compliance Item: 9 - Large open gap at end of peninsula Investigator’s Observation: It is noted that there is a 1/2 inch gap between the end of the peninsula cabinets and the back side of the quartz waterfall at the end of the peninsula. This exceeds the workmanship standard of 1/8 inch caulk joint. Allegations verified Governing Rule: Violation of any rule adopted by the Registrar; Namely

Compliance Item: 9 - Back wall of house outside patio becoming detached from the patio ceiling. it is over 1/4 wide and appears to be growing. Investigator’s Observation: This crack is in line with the main crack in item #1. We are waiting for an engineers report. Governing Rule: 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.

Compliance Item: 10 - Multiple walls out-of-square and/or bowed significantly, both upstairs and downstairs. Investigator’s Observation: There are two walls in the home which exhibited the issues referred to in this allegation; the east wall of the upstairs loft and the west wall of the downstairs living room were observed to be out of plumb or "bowed." Respondent has reportedly done some repairs to the upstairs wall but the wall is still not straight. The downstairs living room wall is bulging on the western side; a rep for Respondent acknowledged that there is a plumbing line within the wall which is likely contributing to this issue. Respondent shall correct by appropriate means. Governing Rule: 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.

Compliance Item: 11 - Tile grout in shower Investigator’s Observation: Though this was not directly mentioned in the complaint, in the interest of good customer relations this item should be corrected by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

Compliance Item: 11 - Every window in the house has cracks in the window sill. Investigator’s Observation: The crack is consistent with settling. These type of repairs are typically a one year punch list repair from the builder. Governing Rule: 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.

Note:

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: Choose an item. Choose an item. Choose an item. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Choose an item.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 (DELETE THIS ADDRESS/PAGE IF NOT WARRANTED)

Complainant Attorney:

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: Arizona Luxury Landscape and Design Inc. 31840 N 166th St Scottsdale, AZ

Compliance Jobsite General Notes: Both parties were 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: It is noted that during the project there are emails between the 2 parties discussing the option of installing custom boulder steps. The quantity of 5 or 6 steps is in dispute. In one of the emails dated November 18, 2023 the respondent informed the complainant the following; I have contacted the Boulder place I have a meeting Tuesday to get the cost and we discussed 5 steps not six. I will get back to you with an amended contract once I have all the cost available before I do any more work on your property. 2: On an invoice dated December 8, 2023 it states that the custom order steps are to be paid by the complainant. During this compliance jobsite inspection both parties acknowledge the custom boulder steps have not been ordered or paid for and there is no agreed upon change order.

Compliance Findings:

Compliance Item 1: Scope of work not completed to contract,. Investigator’s Observation: At this compliance jobsite inspection both parties acknowledge that the length of the boulder wall exceeds the specifications in the written estimate dated August 18, 2023 of an 80’ boulder wall by 15’ making the total length approximately 95’. The respondent stated the reason for the additional footage was to incorporate the drainage from the roof gutters and downspouts at either end of the covered patio and the underground French drain lines installed. The respondent stated that the complainant requested the wall be rounded off at both ends and acknowledged there was no change order for the additional wall footage or specification to round off the boulder wall at both ends. Upon reviewing the written estimate dated August 18, 2023 it also specifies that the wall will be 4’ to 5’ in height with boulders stacked using ¼” Madison Gold as a stabilizer and boulders stacked to form steps down the hill. Upon measuring the height of the boulder wall within the 80’ length I am able to verify the wall height varies from 3’ to 4’ specifically at the center steps with no height being measured at or above 5’ throughout the entire length. Governing Rule: The respondent is not incompliance with the directive to complete the project per the original written estimate.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Compliance Item 9: Contractor assured us that she could do the job to our satisfaction and we are left with an unfinished mess. Investigator’s Observation: At this compliance jobsite inspection I am able to verify the boulder wall is not built per the written estimate dated August 18, 2023. Upon measuring the height of the boulder wall within the 80’ length I am able to verify the wall height varies from 3’ to 4’ specifically at the center steps with no height being measured at 5’ throughout the entire length. Governing Rule: The respondent is not incompliance with the directive to complete the project per the original written estimate.

Note:

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 C013f 04/21 January 19, 2024

WARNING LETTER

Re: Complaint No. 2023-14197; License No. ROC 334645

Dear Respondent:

It appears that you may have violated A.R.S. § 32-1158(A). Under that statute, any contract for more than $1,000.00 between a contractor and a property owner must contain nine specific elements. Your contract is missing at least one of the required elements. For your reference, a copy of A.R.S. § 32-1158(A) is included here:

A.R.S. § 32-1158. Minimum elements of a contract A. Any contract in an amount of more than one thousand dollars entered into between a contractor and the owner of a property to be improved shall contain in writing at least the following information. 1. The name of the contractor and the contractor's business address and license number. 2. The name and mailing address of the owner and the jobsite address or legal description. 3. The date the parties entered into the contract. 4. The estimated date of completion of all work to be performed under the contract. 5. A description of the work to be performed under the contract. 6. The total dollar amount to be paid to the contractor by the owner for all work to be performed under the contract, including all applicable taxes. 7. The dollar amount of any advance deposit paid or scheduled to be paid to the contractor by the owner. 8. The dollar amount of any progress payment and the stage of construction at which the contractor will be entitled to collect progress payments during the course of construction under the contract. 9. That the property owner has the right to file a written complaint with the registrar for an alleged violation of section 32-1154, subsection A. The contract shall contain the registrar’s telephone number and website address and shall state that complaints must be made within the applicable time period as set forth in section 32-1155, subsection A. The information in this paragraph must be prominently displayed in the contract in ten point bold type, and the contract shall be signed by the property owner and 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013f 04/21 the contractor or the contractor’s designated representative. This paragraph does not apply to a person who is subject to and complies with section 12-1365.

A failure to comply with A.R.S. § 32-1158(A) violates § 32-1154(A)(12), and that violation can constitute grounds to suspend or revoke your license. You need to review A.R.S. § 32- 1158(A) and make sure you are complying with its requirements.

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.

Sincerely,

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013f 04/21 Received 3/25/2024 ROC Legal

Arizona Luxury Landscape and Design Inc. ROC # 334645 31840 N 166th Street Scottsdale, AZ 8526 480-540-2361223

RE: Case No. 2023-14197

To Registrar of Contractors: On behalf of Arizona Luxury Landscape and Design, Inc. I wish to answer Customer complaints dated December 13, 2023 Below I present key events and dates in chronological order. As a reminder, please note that according to the investigator’s notes, this job was not completed. See Appendix A attached hereto. 1. The original contract between ALL and Customer was dated 08/18/2023 and is attached hereto as Appendix B. Note that on the contract Customer did request that the boulders be extended around the corners; this has been done. While Customer denies this fact, I have attached photographs documenting that this work was done. See Appendix C and D. The effect of complying with Customer’s contractual request was to extend the wall by 15 feet. Please see Appendix C for images of this extension. 2. A further effect of extending this wall was to reduce the latter’s height by one 1 ½ feet to use for drainage. On October 17 The following day (October 18th) Customers informed me that they were dissatisfied with the wall and requested that it be torn down. See Appendix E. I complied with Customers’ request. 3. After complying with the request to remove the wall, on October 20 Customers thanked me for remaining on the job; moreover, Customers verbally informed me they would pay the extra charge for the additional work. It was on this date that Customers paid me $9,000. These funds included the costs of two additional loads of boulders and rental fees for the machinery necessary to complete installation. 4. Following installation of the first row of bounders, Customer inspected and pronounced the work satisfactory. The second row of boulders was followed by Received 3/25/2024 ROC Legal

the third row. However, when I commenced installation of the third row of boulders I explained that more funds were required do to removing boulders for a second time and now stacking them one on top of the other which I had discussed that the drainage would have to be changed due to no slant in the boulders for drainage.

5. Customers did not want to give me additional funds with an order to stop work. Customer explained that they needed to decide whether or not to complete the work. See Appendix F and G. 6. Customers then further requested that I install custom steps. I answered that I would obtain pricing; further, I explained to Customers that they would have to pay for the materials but not for installation as steps were already in place. See Appendix G on the bottom of page. 7. I have tried to make the Turners happy and I told them I would come back and add more boulders by the steps. I would need to be paid in full for the first contract, the response to my email is Appendix H.

Summary The documentation contained in the appendices reveal how matters proceeded—sometimes with requested changes not included in the contract of October 20. These text messages amounted to a series of modifications of the original contract, not unusual in the landscaping business. However, all requested modifications occurred without payment of the balance owed at the time these requests were made. In short, ALL proceeded in good faith with Customers at all times. Received 3/25/2024 ROC Legal Received 3/25/2024 ROC Legal Received 3/25/2024 ROC Legal Received 3/25/2024 ROC Legal Received 3/25/2024 ROC Legal Received 3/25/2024 ROC Legal Received 3/25/2024 ROC Legal Received 3/25/2024 ROC Legal Received 3/25/2024 ROC Legal Received 3/25/2024 ROC Legal Received 3/25/24, 1:17 PM State of Arizona Mail - Case No. 2023-14197 3/25/2024 ROC Legal

Answers - AZROC <[email redacted]>

Case No. 2023-14197 message

Nancy Randle <[email redacted]> Mon, Mar 25, 2024 at 11:59 AM To: [email redacted]

attachments contractor board rebuttle.docx.pdf 52K appendix for board.pdf 8783K

https://mail.google.com/mail/b/AEoRXRQ5EPEMMI9k2GyvRJizSJyEcBC3BCZsoCwxSbqukQUoR_Sw/u/0/?ik=581c53cf5c&view=pt&search=all&per… 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