2023A-14613-CHC-ROC Notice of Hearing and Packet MAILED

2023A-14613-CHC-ROC · Registrar of Contractors · 2024-05-01

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Deborah Davidson , Case No. 2023-14613 COMPLAINANT, Docket No. 2023A-14613-CHC-ROC v. NOTICE OF HEARING ON CONTESTED CASE Envision Landscape and Design LLC License No. ROC 338258,

RESPONDENT.

This Notice of Hearing is issued under A.R.S. § 41-1092.05(D). HEARING INFORMATION The hearing is set for: May 20, 2024 1:00 PM Adam Stone 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 6, 2024. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED The complaint and citation allege that the Respondent committed the following act(s): Charge: 1 A.R.S. § 32-1154(A)(3) - R4-9-108(a)

Charge: 2 A.R.S. § 32-1154(A)(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 2, 2024.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail April 2, 2024 to: Respondent(s) Envision Landscape and Design LLC 2550 W Union Hills Dr #350 Phoenix, AZ 85207

Complainant(s) Deborah Davidson 20664 W San Miguel Ave Buckeye, AZ 85396

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. 2023-14613 /

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: Deborah Davidson 20664 W San Miguel Ave Buckeye, AZ 85396

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: Envision Landscape and Design LLC DBA: 2550 W Union Hills Dr #350 Phoenix, AZ 85207

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 8, 2024

Jobsite Inspection Notice Re: Complaint Number 2023-14613

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for January 16, 2024 at 10:30 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. 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. 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 the parties resolve the complaint prior to the inspection, please notify the assigned investigator in writing and by phone as soon as possible.

Sincerely, James Carter James Carter, Investigator 602 7716770 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

CC: Respondent Complainant 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 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.

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 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 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 Jobsite Inspection Notes

Case No.: 2023-14613 Investigator: James Carter Inspection Date: January 16, 2024 Inspection Time: 10:30 AM

Complainant: Deborah Davidson Respondent: Envision Landscape Not Present: and Design LLC Not Present:

Jobsite General Notes: JSI photos and audio taken with my agency issued Google Pixel Phone camera. JSI photos and audio have been placed into the ROC complaint file. Both parties were present for the JSI. Respondent was represented by Rafael Zamora. Complaint items 2-9 were not on the original Complaint filed however Respondent did agree to address them at the time of the JSI instead of having to have the Complainant file an addendum.

Complaint Item: 1 - Our contractor believed he completed this job because he at his own discretion took off a line item on our contract. Because of this, we have a hole in the backyard, because he refused to finish a water feature. Investigator’s Observation: Changes were made due to the size of the water feature. Both parties confirmed the new bowl is ready for pick up. Respondent shall complete project per original contract agreement, properly executed change orders, verbal agreements, local building codes and manufacturers installation instructions. 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 RCC100 08/19

Complaint Item: 2 - Outlet on BBQ not working and is loose Investigator’s Observation: Verified. Investigator observed the outlet being loose. GFCI was tripped Respondent did reset during the inspection and outlet was working. The Respondent will need to correct this 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.

Complaint Item: 3 - Gap under BBQ and on backside of island Investigator’s Observation: Verified. There are gaps at both bottom corners of the grill. Per the manufacture specs provided by the Respondent no information was found indicating air gaps were needed. The Respondent will need to correct this 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.

Complaint Item: 4 - Outlet under the BBQ directly under the air vent Investigator’s Observation: Final Inspection with the local municipality has not be completed. The Respondent will need to schedule the final inspection and correct any deficiencies required by the city, and pass final permit inspection. Governing Rule:

Complaint Item: 5 - Uneven grout under bar top at tile edges Investigator’s Observation: Verified. Investigator observed the grout under the bar top to be very rough and uneven. The Respondent will need to correct this 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.

Complaint Item: 6 - Scratches on tile on the bar top Investigator’s Observation: Verified. Several scratches in the tile on the bar 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19

top were observed. The Respondent will need to correct this 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.

Complaint Item: 7 - Loose tiles on patio Investigator’s Observation: Verified. Two tile on the patio were observed to be loose. The Respondent will need to correct this 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.

Complaint Item: 8 - Whistling sound when turning on the fire pit Investigator’s Observation: Verified. When fire pit was turned on a very loud whistling sound could be heard. The Respondent should determine the cause and 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.

Complaint Item: 9 - Grout on travertine around the fire pit Investigator’s Observation: Verified. Investigator observed grout on the travertine around the fire pit. The Respondent will need to correct this 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.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19

Complaint # 2023-14613 Inspection Date 01/16/2024 10:30AM - Photo Page 1 Complaint # 2023-14613 Inspection Date 01/16/2024 10:30AM - Photo Page 2 Complaint # 2023-14613 Inspection Date 01/16/2024 10:30AM - Photo Page 3 Complaint # 2023-14613 Inspection Date 01/16/2024 10:30AM - Photo Page 4 Complaint # 2023-14613 Inspection Date 01/16/2024 10:30AM - Photo Page 5 Complaint # 2023-14613 Inspection Date 01/16/2024 10:30AM - Photo Page 6 Complaint # 2023-14613 Inspection Date 01/16/2024 10:30AM - Photo Page 7 Complaint # 2023-14613 Inspection Date 01/16/2024 10:30AM - Photo Page 8 Complaint # 2023-14613 Inspection Date 01/16/2024 10:30AM - Photo Page 9 Complaint # 2023-14613 Inspection Date 01/16/2024 10:30AM - Photo Page 10 Complaint # 2023-14613 Inspection Date 01/16/2024 10:30AM - Photo Page 11 Complaint # 2023-14613 Inspection Date 01/16/2024 10:30AM - Photo Page 12 Complaint # 2023-14613 Inspection Date 01/16/2024 10:30AM - Photo Page 13 Complaint # 2023-14613 Inspection Date 01/16/2024 10:30AM - Photo Page 14 Complaint # 2023-14613 Inspection Date 01/16/2024 10:30AM - Photo Page 15 Complaint # 2023-14613 Inspection Date 01/16/2024 10:30AM - Photo Page 16 Complaint # 2023-14613 Inspection Date 01/16/2024 10:30AM - Photo Page 17 Complainant: Deborah Davidson 20664 W San Miguel Ave Buckeye, AZ 85396

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: Envision Landscape and Design LLC DBA: 2550 W Union Hills Dr #350 Phoenix, AZ 85207

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 18, 2024

License No. ROC 338258

Re:Complaint No. 2023-14613

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 February 8,2024.

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

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

Compliance Item: 1 - Our contractor believed he completed this job because he at his own discretion took off a line item on our contract. Because of this, we have a hole in the backyard, because he refused to finish a water feature. Investigator’s Observation: Changes were made due to the size of the water feature. Both parties confirmed the new bowl is ready for pick up. Respondent shall complete project per original contract agreement, properly executed change orders, verbal agreements, local building codes and

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 manufacturers installation instructions. 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 - Outlet on BBQ not working and is loose Investigator’s Observation: Verified. Investigator observed the outlet being loose. GFCI was tripped Respondent did reset during the inspection and outlet was working. The Respondent will need to correct this 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: 3 - Gap under BBQ and on backside of island Investigator’s Observation: Verified. There are gaps at both bottom corners of the grill. Per the manufacture specs provided by the Respondent no information was found indicating air gaps were needed. The Respondent will need to correct this 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 - Uneven grout under bar top at tile edges Investigator’s Observation: Verified. Investigator observed the grout under the bar top to be very rough and uneven. The Respondent will need to correct this 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.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Compliance Item: 6 - Scratches on tile on the bar top Investigator’s Observation: Verified. Several scratches in the tile on the bar top were observed. The Respondent will need to correct this 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: 7 - Loose tiles on patio Investigator’s Observation: Verified. Two tile on the patio were observed to be loose. The Respondent will need to correct this 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: 8 - Whistling sound when turning on the fire pit Investigator’s Observation: Verified. When fire pit was turned on a very loud whistling sound could be heard. The Respondent should determine the cause and 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: 9 - Grout on travertine around the fire pit Investigator’s Observation: Verified. Investigator observed grout on the travertine around the fire pit. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar;

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

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

Compliance Item: 4 - Outlet under the BBQ directly under the air vent Investigator’s Observation: Final Inspection with the local municipality has not be completed. The Respondent will need to schedule the final inspection and correct any deficiencies required by the city, and pass final permit inspection. Governing Rule:

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

Sincerely,

James Carter James Carter, Investigator 602 7716770 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

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: Deborah Davidson 20664 W San Miguel Ave Buckeye, AZ 85396

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: Envision Landscape and Design LLC DBA: 2550 W Union Hills Dr #350 Phoenix, AZ 85207

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

C012 12/23 February 14, 2024

Compliance Jobsite Inspection Notice Re: Complaint No. 2023-14613

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for Thursday, February 15, 2024 at 10:00 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,

James Carter James Carter, Investigator 602 7716770 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

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 Complainant: Deborah Davidson 20664 W San Miguel Ave Buckeye, AZ 85396

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: Envision Landscape and Design LLC DBA: 2550 W Union Hills Dr #350 Phoenix, AZ 85207

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 27, 2024

Compliance Jobsite Inspection Notice Re: Complaint No. 2023-14613

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for Friday, March 1, 2024 at 10:00 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,

James Carter James Carter, Investigator 602 7716770 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

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 Complaint # 2023-14613 Compliance Inspection 03/01/2024 10:00 AM - Photo Page 1 Complaint # 2023-14613 Compliance Inspection 03/01/2024 10:00 AM - Photo Page 2 Complaint # 2023-14613 Compliance Inspection 03/01/2024 10:00 AM - Photo Page 3 Complaint # 2023-14613 Compliance Inspection 03/01/2024 10:00 AM - Photo Page 4 Complainant: Deborah Davidson 20664 W San Miguel Ave Buckeye, AZ 85396

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: Envision Landscape and Design LLC DBA: 2550 W Union Hills Dr #350 Phoenix, AZ 85207

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.: 2023-14613 Investigator: James Carter Inspection Date: Friday, March 1, 2024 Inspection Time: 10:00 AM

Compliance Jobsite General Notes: CJSI photos and audio taken with my Google Pixel Phone camera. CJSI photos and audio have been placed into the ROC complaint file. Both Complainant and Respondent were present. Complaint agreed that all items except for Item #1 were addressed. Respondent did installed the water feature in item #1 however the manner in which it was installed do not meet workmanship standards. Respondent was given several extensions to complete this work

Compliance Findings:

Compliance Item: 1 - Our contractor believed he completed this job because he at his own discretion took off a line item on our contract. Because of this, we have a hole in the backyard, because he refused to finish a water feature. Investigator’s Observation: New bowl was installed however the metal ring on the top has two very sharp edges were cuts were made. Edges are also bowing up and are a safety hazard. Complainant is also concerned with the amount of water being pushed through the pump. The ROC has no jurisdiction over materials manufacturers 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 - Outlet on BBQ not working and is loose Investigator’s Observation: This was corrected per the Complainant.

Compliance Item: 3 - Gap under BBQ and on backside of island Investigator’s Observation: This was corrected per the Complainant.

Compliance Item: 5 - Uneven grout under bar top at tile edges Investigator’s Observation: This was corrected per the Complainant.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Compliance Item: 6 - Scratches on tile on the bar top Investigator’s Observation: This was corrected per the Complainant.

Compliance Item: 7 - Loose tiles on patio Investigator’s Observation: This was corrected per the Complainant.

Compliance Item: 8 - Whistling sound when turning on the fire pit Investigator’s Observation: This was corrected per the Complainant.

Compliance Item: 9 - Grout on travertine around the fire pit Investigator’s Observation: This was corrected per the Complainant

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,

James Carter James Carter, Investigator 602 7716770 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

CC: Respondent Complainant

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

Deborah Davidson, Case No. 2023-14613 COMPLAINANT, v.

Envision Landscape and Design LLC, CITATION License No. ROC 338258,

RESPONDENT.

The Registrar issues this Citation to Envision Landscape and Design LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by March 21, 2024, then under A.R.S. § 32-1155(C), Respondent’s failure to answer may be deemed an admission of the act or acts charged in the underlying complaint, and the Registrar may then suspend or revoke Respondent’s license(s). THE WRITTEN COMPLAINT On December 28, 2023, Deborah Davidson (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating: Charge :1 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

of 5 1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Charge :2 A.R.S. § 32-1154(A)(22) Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a reasonable period of time after receiving a written directive from the Registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held. If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F). FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2023-14613. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, AZ 85007-2812 Mail: P.O. Box 18244, Phoenix, AZ 85005-8244 Email: [email redacted] The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the

of 5 1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than March 21, 2024. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41-

of 5 1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated March 6, 2024. By: /s/ Katelyn Rolling Katelyn Rolling Legal Assistant II Legal Department Arizona Registrar of Contractors

of 5 1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, March 6, 2024 to:

Respondent Certified Mail No: [number redacted]

Envision Landscape and Design LLC 2550 W Union Hills Dr #350 Phoenix, AZ 85207 Copy mailed by USPS First Class Mail this same date to: Respondent Envision Landscape and Design LLC 2550 W Union Hills Dr #350 Phoenix, AZ 85207 Complainant Deborah Davidson 20664 W San Miguel Ave Buckeye, AZ 85396

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. 2023-14613

of 5 1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

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

Deborah Davidson Mailing Address (Enter jobsite in Contract/Project section) City State Zip

20664 W San Miguel Ave Buckeye Arizona 85396 Phone Number Email

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

Street Address of Attorney City State Zip

Phone Number of Attorney Email of Attorney

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

Envision Landscape and Design LLC ROC 338258 Street Address City State Zip

2550 W Union Hills Dr #350 Phoenix AZ 85207 Phone Number Email

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

Rafa Contract/Project Information Contract Date Contract Amount Amount Paid

November 2, 2023 $43,650.00 $43,000.00 Date Work Started Date Work Stopped Date Work Was Completed

November 6, 2023 December 28, 2023 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

20664 West San Miguel Avenue Buckeye AZ 85396 Name of Construction Site Owner Construction Site Name (if applicable)

Debbie Davidson Phone Number of Construction Site Owner Email of Construction Site Owner

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

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

The contract was Both All change orders were Both This project was Residential This project involved Other Other A building permit was obtained by Contractor PLMR-23-0401 Maricopa List and briefly describe each complaint item (Please do not write "see attached" or use additional pages unless necessary to further describe issues or list more complaint items) (limited to 100 characters per line)

Our contractor believed he completed this job because he at his own discretion took off a line item on our contract. Because of this, we have a hole in the backyard, because he refused to finish a water feature.

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

Deborah Davidson \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 INVOICE

Invoice #1865 INVOICE MAKE PAYMENT BELOW TO Envision Landscape and Design Bill To Landscape And Design Envision Payment LLCTerms LLC Due upon receipt Debbie 2550 W.Davidson Union Hills Dr Suite 350 AMOUNT DUE Invoice # 20664 W.San Phoenix, AZ 85027 Miguel Ave Buckeye, Phone: (480) AZ 85340 599-3595 (tel:(480) 599-3595) 1865 $483.74 Date (636) 578-8314 Email: [email redacted] Make Partial Payment 10/06/2023 (mailto:[email redacted]) Business / Tax # Web: www.envisionlandscapeanddesign.com ROC - 338258 CHECKOUT OPTIONS (//www.envisionlandscapeanddesign.com)

Description Total Proceed To Checkout

WE ACCEPT OR Travertine Pad - Crema Paloma $8,753.50

The travertine will have cement footings and finished with polymeric sand.

10x24 - 240 sq ft - back patio overlay

18x18 324 sq ft - Circle fire pit pad

Back Patio Extension - walkway to circle pad and ste ps to water feature pad 160 sq ft

Facing travertine - Raised Pad sq ft

Total sq ft768

Travertine Border - Crema Paloma $941.87

All travertine borders will be have a cement footing. 101 linear ft - The lear ft includes the border for turf area and water feature.

Paver Pad - Phoenix Paver Slate $2,478.50 The paver pad borders will be cemented and pavers finished with polymeric sand.

3x21 - 63 sq ft - walkway from driveway to side gate

11x10 - 110 - sq ft - trash bin pad

3x42 - 126 sq ft - walkway from trash bin pad to side home

Total sq ft 299

Synthetic Grass $2,828.72 The cost includes installation of Synthetic Grass, 2 lbs of silica infill, and a professional Power Brush Finish

yr warranty Pet Friendly U/V Protected Fiber Color Thatch

420

Decorative Rock /DG $2,175.94 tons - 1/2 " decorative rock 2" depth Weed fabric

Landscape - Lighting $1,989.43 Unique Landscape Lighting Transformer - path lights - lip light - ****added two lip lights for the bbq ** - spot lights

Fire Pit $1,709.67

3x3 Masonry Build stack stone

Water Feature Bowl / Pad $4,476.22 Basin Bowl

*Customer Purchase Bowl - Credit $1930.85**

BBQ $9,843.54 Masonry Build Stucco Travertine cap

*Bull Charcoal *BBq door *Trash door *Refrigerator

Grill and Accessories/Appliance *$4300 (budget)

Irrigation $673.51 new Valve Drip Line through out entire back yard

Electrical/Gas $3,626.57 Electrical- drawing an outlet for bbq and water feature

Gas Run- From meter to fire bowl and BBQ

**Cost includes both electrical and gas city permit

Planting $1,709.67

PIGMY PALMS, 15-GAL -3 YUCCA RED, 5-GAL -3 SAGO PALM, 10-GAL -1 MEXICAN FENCE 5- GAL -3 BLUE AGAVE,5-GAL - 4 BARBADOS ALOE, 5-GAL -4

Demo Clean up/Dump/Haul Prep Grading $849.65 Delivery

Demo

Clean up/Dump/Haul

Prep

Grading

Delivery

BBQ/Bar $828.93

Adding a 7 ft long - 42" height Concrete bar Travertine Lighting Posts $569.89 - 3"x3" posts - Set for String Lighting

Subtotal $43,455.61

Total $43,455.61

Hello Debbie,

From our entire team at Envision Landscape THANK YOU. We are excited and looking forward to completing your project. Below you will find a project start day, project timeline, and payment schedule.

Projected Start Week: Week of: Nov 6th

Projected Completion Day: Week of: Nov 27th

Project 14-16

• 1-2 days – demo, grade, prep, gas, irrigation, lighting • 3-4 days – water feature basin, masonry, bbq • 3-4 days – travertine, borders • 1-2 days – Planting, lighting, rock • 1-2 days - Turf, clean up final details

Total Project: $41,745.94

**$5,000 – gas permit, HOA, and booking

Total Project Remainder: $ $36,745.94

**Change orders are due at time of change or applied to next project draw.

Payment Schedule: 30% -HOA, Designs, Permits– Pending - This Books the project and places material order. ** Once the first draw/payment is made the project is scheduled/booked, permits, and HOA Submittal ** Start week could potentially change as we book on deposit commitment** $11,023 - $1930.85 (bowl) Total Due $9092.15

20%- Start of Project – Pending – Due on 1st or 2nd day of project start or Demo, grade, gas, and irrigation in progress. $7349

30% Progress Payment – Pending- Due on 7th -8th day or Travertine and borders in progress. Water feature basin, and masonry complete. $11,023

20% -Final Payment - Pending- when project is complete, no more pending estimated line items, street cleaned, and no more punch line items after completion. $7350.94

CC/Debit: Link sent via Invoice.

-----------------------------------------------------------------------------------

Validity: The quote provided by Envision Landscape and Design is valid for 30 days from the date of issuance. After 30 days, the quote may be subject to change.

Scope of Work: The quote outlines the scope of work to be completed. Any additional work requested by the client will be subject to additional charges and must be agreed upon in writing. Any oral agreement that is not included in this quote is NON-EXISTENCE.

Payment Terms: All payments terms are project specific and will be noted on the invoice email. Envision Landscape and Design reserves the right to withhold work until payment is received.

Changes to Quote/Estimate: Any changes to the quote must be requested in writing (text, email only) by the client and approved by Envision Landscape before any material or work is completed. Changes may result in adjustments to the project timeline and/or additional charges.

Permits and Approvals: Envision Landscape and Design will assist with HOA packet; it is the customers responsibility to ensure we have HOA approval before start of project.

Permits such as structure permits, gas, and electrical will be submitted by Envision Landscape and Design. There will be a change order for the cost of submittal and or any other correction needed by the determined agency/city to complete the project.

Liability: Envision Landscape carries general liability insurance but is not responsible for any damage to property or injury caused by homeowner or homeowner guests. Envision Landscape & Design will take all reasonable steps to protect the client's property during the installation process but is not responsible for any damage caused by acts of nature, accidents, or other unforeseen events.

Termination: Either party may terminate the contract at any time by providing written notice to the other party. If either party terminates the contract, Envision Landscape & Design will be entitled to payment for all work completed or refund (withholding re-stocking fees and delivery fees and pick up fees) up to the date of termination.

Warranty:Envision Landscape & Design warranties all work completed for 2 years. The warranty does not cover damage caused by natural disasters, neglect, or abuse. Envision Landscape & Design will not cover any damages done by other Landscape companies after we have left and completed job at homeowners property.

Governing Law: These terms and conditions shall be governed by and construed by the laws of the State of Arizona Registrar of Contractors. Any legal action arising out of or relating to these terms and conditions shall be brought in the state or federal courts located in Maricopa County for due process.

Envision Landscape & Design guarantees the quality of all materials used in the installation process for 2 years from the date of installation, provided that the materials have been properly maintained and used.

The installation process will be carried out by trained and experienced professionals.Envision Landscape & Design will take every reasonable precaution to ensure that the installation process is completed in a safe and timely manner.

Delays may occur and may happen throughout the build/construction of the project. We project completion times but due to the impact of weather, materials, deliveries, illness, or business staffing exact days and delays cannot be projected to the final day.

Plants: The type and quantity of plants to be installed will be specified in the quote/invoice. Plants will be installed by industry standards and proper planting techniques. Envision Landscape and Design will not be held responsible for plants loss or damage resulting from factors beyond our control, such as extreme weather conditions or improper maintenance by the client. 15 days after planting. It is client responsibility to hire a licensed maintenance company to provide continued care to all plants/trees/agaves/succulents after planting.

Travertines and Pavers The type and quantity of travertines or pavers to be installed will be specified in the quote. Envision Landscape and Design will not be held responsible for damage to the materials resulting from factors beyond our control, such as extreme weather conditions, natural causes, or improper maintenance by the client.

Artificial Grass The type and quantity of artificial grass to be installed will be specified in the quote. Envision Landscape will follow the manufacturer's installation guidelines and industry standards. Envision Landscape and Design will not be held responsible for damage to the materials resulting from factors beyond our control, such as extreme weather conditions, glass glare that may cause a burn, or improper maintenance by the client.

The client acknowledges that delays or changes to the installation schedule may impact the final cost of the project. Envision Landscape & Design will make every effort to provide the client with updated cost estimates as needed.

Envision Landscape & Design cannot be held responsible for any delays or costs resulting from circumstances outside of our control, such as acts of God, labor disputes, materials, or contractors such as but not limited to gas, electrical, pergolas or other unforeseen events/contractors. The client agrees to indemnify and hold harmless Envision Landscape & Design and its employees from any claims, damages, or expenses arising from any delays or other issues related to scheduling or availability.

Disclaimer: Non-Payment by Clients After Project Completion At Envision Landscape & Design, we strive to provide exceptional services and maintain positive relationships with our clients. However, in certain circumstances, clients may refuse to pay for completed projects, causing financial and operational challenges for our company. Therefore, we feel it necessary to include the following disclaimer regarding non- payment by clients after project completion:

Contractual Obligations: All projects undertaken by Envision Landscape & Design are subject to a mutually agreed-upon contract or agreement that clearly outlines the scope of work, deliverables, and payment terms. We encourage our clients to thoroughly review and understand the terms before proceeding with the project.

Payment Terms: Our payment terms are established to ensure fair compensation for our services. Clients are expected to adhere to the agreed-upon payment schedule, which may include partial or milestone payments during the project and a final payment upon completion. Failure to make timely payments may result in project delays or suspension until payment is received.

Dispute Resolution: In the event of a payment dispute,Envision Landscape & Design is committed to resolving issues in a fair and amicable manner. We encourage clients to communicate any concerns or discrepancies regarding the project or payment promptly. We are open to discussions, negotiations, and mediation to find a mutually agreeable solution.

Legal Recourse: Should a client refuse to pay for completed services without justifiable cause, Envision Landscape & Design reserves the right to pursue legal action to recover the outstanding amount. This may involve engaging legal representation, filing a claim, or initiating legal proceedings to enforce our contractual rights.

Collection Costs: Clients who fail to make payment as agreed may be responsible for any additional costs incurred during the collection process. These costs may include, but are not limited to, attorney fees, court fees, and other related expenses but not limited to filings.

Impact on Future Services: Clients who exhibit a pattern of non-payment or refusal to fulfill their financial obligations may face restrictions or limitations on future services provided by Envision Landscape & Design Such actions are taken to protect our business interests and ensure fair treatment for our employees and contractors.

Please note that this disclaimer is provided for informational purposes only and does not constitute legal advice. Clients are encouraged to consult with their own legal advisors regarding payment-related matters and contractual obligations.

Envision Landscape and Designs values transparency, professionalism, and open communication. We strive to build strong relationships with our clients based on mutual trust and respect. We hope that this disclaimer helps set clear expectations regarding payment responsibilities and encourages prompt and fair resolution of any payment disputes that may arise.

These terms and conditions are subject to change at any time without notice, and the client agrees to be bound by the latest version of the terms and conditions at the time of installation work.

By signing this document, the customer agrees to the services and conditions outlined in this document.

Property owners have the right to file a written complaint within days of the project completed with the Arizona State Register of Contractors at the contact info provided. AZ State ROC (602) 542-1525 or visit https://roc.az.gov

Debbie Davidson

Change Order #1 10/10/2023

This Change Order modifies and amends the provisions of Invoice #1865 between Envision Landscape and Design LLC and Debbie Davidson . Description Total

Credit - Water Feature bowl -$1,930.85

Subtotal -$1,930.85

Total -$1,930.85

Change Order #2 12/11/2023 This Change Order modifies and amends the provisions of Invoice #1865 between Envision Landscape and Design LLC and Debbie Davidson . Description Total

Planting $414.46

2- 15 gal citrus

Planting -$155.42 -5 gal plants

Post Painting $207.23 Painting post black per HOA

Decorative Tile Wrap On BBQ Table $500.47 Decorative Tile Wrap On BBQ Table $500.47 linear ft - Wrapping the bbq counter table with decorative tile.

Subtotal $966.74

Total $966.74

Change Order #3 12/26/2023 This Change Order modifies and amends the provisions of Invoice #1865 between Envision Landscape and Design LLC and Debbie Davidson . Description Total

Credit Re-Fund - Water Feature Bowl -$483.00

$1930.85

Refund - 25% due to re-stocking fee. Miscommunication on contractor on size

$483

Subtotal -$483.00

Total -$483.00

Overall Summary

Subtotal $43,455.61

Change Order 1 -$1,930.85

Change Order 2 $966.74

Change Order 3 -$483.00

Change Order Subtotal -$1,447.11

Total $42,008.50

Payment Summary Payment Summary

10/06/2023 - Credit Card $5,000.00 or PayPal 10/10/2023 - Credit Card $9,092.15 or PayPal 11/03/2023 - Credit Card $7,349.00 or PayPal 11/25/2023 - Credit Card $20,083.61 or PayPal

Paid Total $41,524.76

Remaining Amount $483.74

ABOUT ENVISION LANDSCAPE AND DESIGN LLC

(https://www.facebook.com/envisionlandscapepools) (https://instagram.com/envisionlandscapeanddesign) (https://www.yelp.com/biz/envision- envisionlandscapeanddesign.comlandscape- (https://envisionland… and- design- phoenix- 2) Received 3/21/24, 9:08 AM State of Arizona Mail - Case No. 2023-14613 3/21/2024 ROC Legal

Answers - AZROC <[email redacted]>

Case No. 2023-14613 message

Rafael zamora <[email redacted]> Thu, Mar 21, 2024 at 9:07 AM To: [email redacted], Info Main <[email redacted]>, [email redacted]

Hello,

Attached in my Written Answer to Citation and Complaint – Case No. 2023-14613.

https://mail.google.com/mail/b/AEoRXRSfT2pl_l7QG8sJeriEjrnMDEiGQu5I1ILuxgtYYvXp6vw6/u/0/?ik=581c53cf5c&view=pt&search=all&permthid=thr… 1/4 Received 3/21/24, 9:08 AM State of Arizona Mail - Case No. 2023-14613 3/21/2024 ROC Legal

https://mail.google.com/mail/b/AEoRXRSfT2pl_l7QG8sJeriEjrnMDEiGQu5I1ILuxgtYYvXp6vw6/u/0/?ik=581c53cf5c&view=pt&search=all&permthid=thr… 2/4 Received 3/21/24, 9:08 AM State of Arizona Mail - Case No. 2023-14613 3/21/2024 ROC Legal

https://mail.google.com/mail/b/AEoRXRSfT2pl_l7QG8sJeriEjrnMDEiGQu5I1ILuxgtYYvXp6vw6/u/0/?ik=581c53cf5c&view=pt&search=all&permthid=thr… 3/4 Received 3/21/24, 9:08 AM State of Arizona Mail - Case No. 2023-14613 3/21/2024 ROC Legal

attachments Case No. 2023-14613 Responce .pdf 19K Debbie Davidson Updated Invoice .pdf 570K

https://mail.google.com/mail/b/AEoRXRSfT2pl_l7QG8sJeriEjrnMDEiGQu5I1ILuxgtYYvXp6vw6/u/0/?ik=581c53cf5c&view=pt&search=all&permthid=thr… 4/4 Received 3/21/2024 ROC Legal

Written Answer to Citation and Complaint – Case No. 2023-14613

Envision Landscape and Design llc ROC 338258 2550 W union hills dr #350 Phoenix AZ 85027

Charge 1: Response All items listed in the original directive have been rectiﬁed and resolved. I have included screenshots of text conversations with the homeowner acknowledging the completion of the project.

Charge 2: Response The delay in project completion did not occur because the water feature was not installed by the deadline, but rather due to the customer's dissatisfaction with its functionality. Although the water feature was installed within the agreed timeframe, we were unable to meet the customer's expectations regarding its operation. Speciﬁcally, the desired water ﬂow over the bowl was not achieved despite trying four diZerent water feature pumps and various PVC pipe sizes. The customer wished for a smooth and consistent water ﬂow without any disturbance on the surface. Despite our multiple attempts, the customer chose to settle the matter and seek another contractor to achieve their desired water ﬂow. Although the project was technically completed within the deadline, the customer's satisfaction with the water ﬂow functionality was not met. I have attached images demonstrating the project's completion with the homeowner.

Regarding the initial complaint, the project was never abandoned. While the water feature bowl was initially included in our invoice, the customer expressed dissatisfaction with the options we provided and opted to source their own. This led to the removal of the water feature line item from the contract, while all other aspects outlined in our agreement were fulﬁlled.

Our scheduled job inspection was set for Tuesday, January 16th with Inspector James. However, the homeowner did not have the water feature bowl delivered or ready for installation until Friday, January 12th, and we were not informed of this until our inspection day. Without access to the bowl and prior notiﬁcation, we were unable to proceed with the installation. As previously mentioned, the project was completed and functional, but we were unable to achieve the customer's desired water ﬂow without any surface disturbance. Received 3/21/2024 ROC Legal INVOICE Bill To

Debbie Davidson 20664 W.San Miguel Ave Buckeye , AZ 85340 (636) 578-8314

Envision Landscape and Design LLC Payment terms Due upon receipt Invoice # 1865 2550 W. Union Hills Dr Suite 350 Phoenix, AZ 85027 Date 10/06/2023 Phone: (480) 599-3595 Email: [email redacted] Web: www.envisionlandscapeanddesign.com

Description Total

Travertine Pad - Crema Paloma $8,708.63 The travertine will have cement footings and ﬁnished with polymeric sand.

10x24 - 240 sq ft - back patio overlay

18x18 324 sq ft - Circle ﬁre pit pad

Back Patio Extension - walkway to circle pad and ste ps to water feature pad 160 sq ft

Facing travertine - Raised Pad sq ft

Total sq ft768

Travertine Border - Crema Paloma $937.04 All travertine borders will be have a cement footing. 101 linear ft - The lear ft includes the border for turf area and water feature.

Paver Pad - Phoenix Paver Slate $2,465.79 The paver pad borders will be cemented and pavers ﬁnished with polymeric sand.

3x21 - 63 sq ft - walkway from driveway to side gate

Received 3/21/2024 ROC Legal 11x10 - 110 - sq ft - trash bin pad

3x42 - 126 sq ft - walkway from trash bin pad to side home

Total sq ft 299

Synthetic Grass $2,814.22 The cost includes installation of Synthetic Grass, 2 lbs of silica inﬁll, and a professional Power Brush Finish

yr warranty Pet Friendly U/V Protected Fiber Color Thatch

420

Decorative Rock /DG $2,164.79 tons - 1/2 " decorative rock 2" depth Weed fabric

Landscape - Lighting $1,979.23 Unique Landscape Lighting Transformer - path lights - lip light - ****added two lip lights for the bbq ** - spot lights

Fire Pit $1,700.90 3x3 Masonry Build stack stone

Water Feature Bowl / Pad $4,453.27 Basin Bowl

*Customer Purchase Bowl - Credit $1930.85**

BBQ $9,793.08 Masonry Build Stucco Travertine cap

Received 3/21/2024 ROC Legal

*Bull Charcoal *BBq door *Trash door *Refrigerator

Grill and Accessories/Appliance *$4300 (budget)

Irrigation $670.05 new Valve Drip Line through out entire back yard

Electrical/Gas $3,607.98 Electrical- drawing an outlet for bbq and water feature

Gas Run- From meter to ﬁre bowl and BBQ

**Cost includes both electrical and gas city permit

Planting $1,700.90 PIGMY PALMS, 15-GAL -3 YUCCA RED, 5-GAL -3 SAGO PALM, 10-GAL -1 MEXICAN FENCE 5- GAL -3 BLUE AGAVE,5-GAL - 4 BARBADOS ALOE, 5-GAL -4

Demo Clean up/Dump/Haul Prep Grading Delivery $845.30 Demo

Clean up/Dump/Haul

Prep

Grading

Delivery

BBQ/Bar $824.68

Adding a 7 ft long - 42" height Concrete bar Travertine

Received 3/21/2024 ROC Legal

Lighting Posts $566.97 - 3"x3" posts - Set for String Lighting

Subtotal $43,232.83

Discount $6,160.00

Total $37,072.83

Received 3/21/2024 ROC Legal

Received 3/21/2024 ROC Legal Hello Debbie,

From our entire team at Envision Landscape THANK YOU. We are excited and looking forward to completing your project. Below you will ﬁnd a project start day, project timeline, and payment schedule.

Projected Start Week: Week of: Nov 6th

Projected Completion Day: Week of: Nov 27th

Project 14-16

Total Project: $41,745.94

**$5,000 – gas permit, HOA, and booking

Total Project Remainder: $ $36,745.94

**Change orders are due at time of change or applied to next project draw.

Payment Schedule: 30% -HOA, Designs, Permits– Pending - This Books the project and places material order. ** Once the ﬁrst draw/payment is made the project is scheduled/booked, permits, and HOA Submittal ** Start week could potentially change as we book on deposit commitment** $11,023 - $1930.85 (bowl) Total Due $9092.15

20%- Start of Project – Pending – Due on 1st or 2nd day of project start or Demo, grade, gas, and irrigation in progress. $7349

30% Progress Payment – Pending- Due on 7th -8th day or Travertine and borders in progress. Water feature basin, and masonry complete. $11,023

20% -Final Payment - Pending- when project is complete, no more pending estimated line items, street cleaned, and no more punch line items after completion. $7350.94

Received 3/21/2024 ROC Legal

CC/Debit: Link sent via Invoice.

-----------------------------------------------------------------------------------

Validity: The quote provided by Envision Landscape and Design is valid for 30 days from the date of issuance. After 30 days, the quote may be subject to change.

Payment Terms: All payments terms are project speciﬁc and will be noted on the invoice email. Envision Landscape and Design reserves the right to withhold work until payment is received.

Permits and Approvals: Envision Landscape and Design will assist with HOA packet; it is the customers responsibility to ensure we have HOA approval before start of project.

Governing Law: These terms and conditions shall be governed by and construed by the laws of the State of Arizona Registrar of Contractors. Any legal action arising out of or relating to these

Received 3/21/2024 ROC Legal terms and conditions shall be brought in the state or federal courts located in Maricopa County for due process.

Delays may occur and may happen throughout the build/construction of the project. We project completion times but due to the impact of weather, materials, deliveries, illness, or business staﬃng exact days and delays cannot be projected to the ﬁnal day.

Plants: The type and quantity of plants to be installed will be speciﬁed in the quote/invoice. Plants will be installed by industry standards and proper planting techniques. Envision Landscape and Design will not be held responsible for plants loss or damage resulting from factors beyond our control, such as extreme weather conditions or improper maintenance by the client. 15 days after planting. It is client responsibility to hire a licensed maintenance company to provide continued care to all plants/trees/agaves/succulents after planting.

Travertines and Pavers The type and quantity of travertines or pavers to be installed will be speciﬁed in the quote. Envision Landscape and Design will not be held responsible for damage to the materials resulting from factors beyond our control, such as extreme weather conditions, natural causes, or improper maintenance by the client.

Artiﬁcial Grass The type and quantity of artiﬁcial grass to be installed will be speciﬁed in the quote. Envision Landscape will follow the manufacturer's installation guidelines and industry standards. Envision Landscape and Design will not be held responsible for damage to the materials resulting from factors beyond our control, such as extreme weather conditions, glass glare that may cause a burn, or improper maintenance by the client.

The client acknowledges that delays or changes to the installation schedule may impact the ﬁnal cost of the project. Envision Landscape & Design will make every eﬀort to provide the client with updated cost estimates as needed.

Received 3/21/2024 ROC Legal events/contractors. The client agrees to indemnify and hold harmless Envision Landscape & Design and its employees from any claims, damages, or expenses arising from any delays or other issues related to scheduling or availability.

Disclaimer: Non-Payment by Clients After Project Completion At Envision Landscape & Design, we strive to provide exceptional services and maintain positive relationships with our clients. However, in certain circumstances, clients may refuse to pay for completed projects, causing ﬁnancial and operational challenges for our company. Therefore, we feel it necessary to include the following disclaimer regarding non-payment by clients after project completion:

Payment Terms: Our payment terms are established to ensure fair compensation for our services. Clients are expected to adhere to the agreed-upon payment schedule, which may include partial or milestone payments during the project and a ﬁnal payment upon completion. Failure to make timely payments may result in project delays or suspension until payment is received.

Legal Recourse: Should a client refuse to pay for completed services without justiﬁable cause, Envision Landscape & Design reserves the right to pursue legal action to recover the outstanding amount. This may involve engaging legal representation, ﬁling a claim, or initiating legal proceedings to enforce our contractual rights.

Impact on Future Services: Clients who exhibit a pattern of non-payment or refusal to fulﬁll their ﬁnancial obligations may face restrictions or limitations on future services provided by Envision Landscape & Design Such actions are taken to protect our business interests and ensure fair treatment for our employees and contractors.

Received 3/21/2024 ROC Legal Envision Landscape and Designs values transparency, professionalism, and open communication. We strive to build strong relationships with our clients based on mutual trust and respect. We hope that this disclaimer helps set clear expectations regarding payment responsibilities and encourages prompt and fair resolution of any payment disputes that may arise.

These terms and conditions are subject to change at any time without notice, and the client agrees to be bound by the latest version of the terms and conditions at the time of installation work.

By signing this document, the customer agrees to the services and conditions outlined in this document.

Property owners have the right to ﬁle a written complaint within 15 days of the project completed with the Arizona State Register of Contractors at the contact info provided. AZ State ROC (602) 542-1525 or visit https://roc.az.gov

Debbie Davidson

Received 3/21/2024 ROC Legal Change Order #1 10/10/2023

This Change Order modiﬁes and amends the provisions of Invoice #1865 between Envision Landscape and Design LLC and Debbie Davidson .

Description Total

Credit - Water Feature bowl -$1,930.85

Subtotal -$1,930.85

Total -$1,930.85

Received 3/21/2024 ROC Legal Change Order #2 12/11/2023

This Change Order modiﬁes and amends the provisions of Invoice #1865 between Envision Landscape and Design LLC and Debbie Davidson .

Description Total

Planting $414.46 2- 15 gal citrus

Planting -$155.42 -5 gal plants

Post Painting $207.23 Painting post black per HOA

Decorative Tile Wrap On BBQ Table $500.47 linear ft - Wrapping the bbq counter table with decorative tile.

Subtotal $966.74

Total $966.74

Received 3/21/2024 ROC Legal Change Order #3 12/26/2023

This Change Order modiﬁes and amends the provisions of Invoice #1865 between Envision Landscape and Design LLC and Debbie Davidson .

Description Total

Credit Re-Fund - Water Feature Bowl -$483.00 $1930.85

Refund - 25% due to re-stocking fee. Miscommunication on contractor on size

$483

Subtotal -$483.00

Total -$483.00

Received 3/21/2024 ROC Legal Change Order #4 01/24/2024

This Change Order modiﬁes and amends the provisions of Invoice #1865 between Envision Landscape and Design LLC and Debbie Davidson .

Description Total

Water Feature Install $1,020.62 Create concrete Rim- Basin due to pot size. Pick up Water Feature Bowl Install Light - Will turn on landscape lighting. Set Water Feature Pump - wiﬁ or control via remote

Mexican Beach Pebble - Polished $1,714.51 2"-3" - Mexican Beach Pebble Polished. (Customer to contact the Stone Yard. and pay for the rock) ton- Due to size of bowl and are. 1 ton should be appropriate for bowl size.

ton- - Customer to place order - contacted multiple supply stores. this is the least expensive location. The Stone Yard 1739 W. Park View LN Phoenix AZ 85085 (623) 505-7771

Delivery and install $450

Cost of - The stone Yard Receipt 34374 $1264.51

Pillar Rebuild $813.39 Bowl 48"

Gate With 43"

We must bring down one pilar and rebuild with paint matching to accommodate for bowl

Subtotal $3,548.52

Total $3,548.52

Received 3/21/2024 ROC Legal

Debbie Davidson

Received 3/21/2024 ROC Legal Change Order #5 02/20/2024

This Change Order modiﬁes and amends the provisions of Invoice #1865 between Envision Landscape and Design LLC and Debbie Davidson .

Description Total

CC- Chargeback $7,350.94 Charge Back -$7350.94 - FEB 13th

Subtotal $7,350.94

Total $7,350.94

Received 3/21/2024 ROC Legal

Overall Summary

Subtotal $43,232.83

Discount $6,160.00

Change Order 1 -$1,930.85 Change Order 2 $966.74 Change Order 3 -$483.00 Change Order 4 $3,548.52 Change Order 5 $7,350.94 Change Order Subtotal $9,452.35

Total $46,525.18

Payment Summary

10/06/2023 - Credit $5,000.00 Card or PayPal 10/10/2023 - Credit $9,092.15 Card or PayPal 11/03/2023 - Credit $7,349.00 Card or PayPal 11/25/2023 - $20,083.61 Credit Card or PayPal

Paid Total $41,524.76

Remaining $5,000.42 Amount

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