2023A-14615-CHC-ROC Notice of Hearing and Packet MAILED

2023A-14615-CHC-ROC · Registrar of Contractors · 2024-04-04

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Scott Abbott , Case No. 2023-14615 COMPLAINANT, Docket No. 2023A-14615-CHC-ROC v. NOTICE OF HEARING ON CONTESTED CASE Fishbone LLC License Nos. ROC 274929, 339827

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

May 23, 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 8, 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)(1)

Charge: 2 A.R.S. § 32-1154(A)(2)(a)

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

Charge: 4 A.R.S. § 32-1154(A)(12) - A.R.S. § 32-1158

Charge: 5 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 4, 2024.

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

Copy mailed via USPS First Class mail April 4, 2024 to:

Respondent(s) Fishbone LLC 2250 S Silver Oak Ave Show Low, AZ 85901

Complainant(s) Scott Abbott 2356 W Jasper Butte Dr Queen Creek, AZ 85142 Kevin M. Estevez, Esq. N Central Ave Ste 2000 Phoenix, AZ 85004

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 Complainant’s Attorney at email address of record with Registrar Case No. 2023-14615 /

Katie Hobbs, Governor Martin Quezada, Director

Hearing Packet FAQ What is the Hearing Packet?

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

Who gets the Hearing Packet?

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

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

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

What is in the Hearing Packet?

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

● Original complaint;

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

Katie Hobbs, Governor Martin Quezada, Director

● Citation; and ● Answer.

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

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

What if there are documents missing from the Hearing Packet?

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

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

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

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

Katie Hobbs, Governor Martin Quezada, Director

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

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

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

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

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

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

Complainant: Scott Abbott 2356 W. Jasper Butte Dr Queen Creek, AZ 85142

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: Fishbone LLC DBA: 2250 S Silver Oak Ave Show Low, AZ 85901

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 10, 2024

Jobsite Inspection Notice Re: Complaint Number 2023-14615

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for January 17, 2024 at 11:00 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, Miles Crosby Miles Crosby, Investigator #213 (928) 296-2480 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

CC: Choose an item. Choose an item. Choose an item. Choose an item.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov 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 (DELETE THIS ADDRESS/PAGE IF NOT WARRANTED) License mailing address (if different from account/company address of record):

Fishbone LLC

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 (DELETE THIS ADDRESS/PAGE IF NOT WARRANTED)

Complainant Attorney:

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 (DELETE THIS ADDRESS/PAGE IF NOT WARRANTED)

Respondent Attorney:

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Complainant: Scott Abbott 2356 W. Jasper Butte Dr Queen Creek, AZ 85142

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 Respondent: Fishbone LLC DBA: 2250 S Silver Oak Ave Show Low, AZ 85901

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 January 12, 2024

Re: Complaint Number 2023-14615

Dear Complainant and Respondent:

Due to a conflict in scheduling of one of the parties, the jobsite inspection scheduled for January 17, 2024 has been rescheduled for January 23, 2024 at 12:30 PM.

If either party is unable to attend, the Registrar requires 36-hours advance notice for cancellation or continuance.

Complainant: Safe access is required to any area to be inspected.

Should you have any questions regarding the above, please contact me.

Sincerely,

Miles Crosby Miles Crosby, Investigator #213 (928) 296-2480 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

CC: Respondent Complainant Complainant Attorney Choose an item.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 Complaint #2023-14615 P 1 JSI date January 23, 2024 at 12:30 PM JSI PHOTOS Complaint #2023-14615 P 2 JSI date January 23, 2024 at 12:30 PM JSI PHOTOS Complaint #2023-14615 P 3 JSI date January 23, 2024 at 12:30 PM JSI PHOTOS Complaint #2023-14615 P 4 JSI date January 23, 2024 at 12:30 PM JSI PHOTOS Complaint #2023-14615 P 5 JSI date January 23, 2024 at 12:30 PM JSI PHOTOS Complaint #2023-14615 P 6 JSI date January 23, 2024 at 12:30 PM JSI PHOTOS Complaint #2023-14615 P 7 JSI date January 23, 2024 at 12:30 PM JSI PHOTOS Complaint #2023-14615 P 8 JSI date January 23, 2024 at 12:30 PM JSI PHOTOS Complaint #2023-14615 P 9 JSI date January 23, 2024 at 12:30 PM JSI PHOTOS Complaint #2023-14615 P 10 JSI date January 23, 2024 at 12:30 PM JSI PHOTOS Complaint #2023-14615 P 11 JSI date January 23, 2024 at 12:30 PM JSI PHOTOS Complaint #2023-14615 P 12 JSI date January 23, 2024 at 12:30 PM JSI PHOTOS Complaint #2023-14615 P 13 JSI date January 23, 2024 at 12:30 PM JSI PHOTOS Complaint #2023-14615 P 14 JSI date January 23, 2024 at 12:30 PM JSI PHOTOS Complaint #2023-14615 P 15 JSI date January 23, 2024 at 12:30 PM JSI PHOTOS Complaint #2023-14615 P 16 JSI date January 23, 2024 at 12:30 PM JSI PHOTOS Complaint #2023-14615 P 17 JSI date January 23, 2024 at 12:30 PM JSI PHOTOS Complaint #2023-14615 P 18 JSI date January 23, 2024 at 12:30 PM JSI PHOTOS Complaint #2023-14615 P 19 JSI date January 23, 2024 at 12:30 PM JSI PHOTOS Complaint #2023-14615 P 20 JSI date January 23, 2024 at 12:30 PM JSI PHOTOS Complaint #2023-14615 P 21 JSI date January 23, 2024 at 12:30 PM JSI PHOTOS Complaint #2023-14615 P 22 JSI date January 23, 2024 at 12:30 PM JSI PHOTOS Complaint #2023-14615 P 23 JSI date January 23, 2024 at 12:30 PM JSI PHOTOS

Complaint #2023-10955 JSI Photos

Nov. 8, 2023 Complaint #2023-14615 P 24 JSI date January 23, 2024 at 12:30 PM JSI PHOTOS Complaint #2023-14615 P 25 JSI date January 23, 2024 at 12:30 PM JSI PHOTOS Complaint #2023-14615 P 26 JSI date January 23, 2024 at 12:30 PM JSI PHOTOS Complaint #2023-14615 P 27 JSI date January 23, 2024 at 12:30 PM JSI PHOTOS Complaint #2023-14615 P 28 JSI date January 23, 2024 at 12:30 PM JSI PHOTOS Complaint #2023-14615 P 29 JSI date January 23, 2024 at 12:30 PM JSI PHOTOS Complaint #2023-14615 P 30 JSI date January 23, 2024 at 12:30 PM JSI PHOTOS Complaint #2023-14615 P 31 JSI date January 23, 2024 at 12:30 PM JSI PHOTOS Complaint #2023-14615 P 32 JSI date January 23, 2024 at 12:30 PM JSI PHOTOS Complaint #2023-14615 P 33 JSI date January 23, 2024 at 12:30 PM JSI PHOTOS Complaint #2023-14615 P 34 JSI date January 23, 2024 at 12:30 PM JSI PHOTOS Complaint #2023-14615 P 35 JSI date January 23, 2024 at 12:30 PM JSI PHOTOS Complaint #2023-14615 P 36 JSI date January 23, 2024 at 12:30 PM JSI PHOTOS Complaint #2023-14615 P 37 JSI date January 23, 2024 at 12:30 PM JSI PHOTOS Complaint #2023-14615 P 38 JSI date January 23, 2024 at 12:30 PM JSI PHOTOS Complaint #2023-14615 P 39 JSI date January 23, 2024 at 12:30 PM JSI PHOTOS Complaint #2023-14615 P 40 JSI date January 23, 2024 at 12:30 PM JSI PHOTOS Complaint #2023-14615 P 41 JSI date January 23, 2024 at 12:30 PM JSI PHOTOS Complaint #2023-14615 P 42 JSI date January 23, 2024 at 12:30 PM JSI PHOTOS Complaint #2023-14615 P 43 JSI date January 23, 2024 at 12:30 PM JSI PHOTOS Complaint #2023-14615 P 44 JSI date January 23, 2024 at 12:30 PM JSI PHOTOS Complaint #2023-14615 P 45 JSI date January 23, 2024 at 12:30 PM JSI PHOTOS Complaint #2023-14615 P 46 JSI date January 23, 2024 at 12:30 PM JSI PHOTOS Complaint #2023-14615 P 47 JSI date January 23, 2024 at 12:30 PM JSI PHOTOS Complaint #2023-14615 P 48 JSI date January 23, 2024 at 12:30 PM JSI PHOTOS Complaint #2023-14615 P 49 JSI date January 23, 2024 at 12:30 PM JSI PHOTOS Complaint #2023-14615 P 50 JSI date January 23, 2024 at 12:30 PM JSI PHOTOS Jobsite Inspection Notes

Case No.: 2023-14615 Investigator: Miles Crosby Inspection Date: Tuesday, January 23, 2024 Inspection Time: 12:30 PM

Complainant: Scott Abbott Respondent: Fishbone LLC Not Present: Not Present:

Jobsite General Notes:

JSI photos taken with my Google Pixel 3a work phone JSI audio recorded with my Olympus DM-720 JSI photos and audio have been placed into the Salesforce Case folder.

The Complainant was represented by his son John Abbott. The Respondent has not responded to the complaint nor has corresponded with me about any aspect of the complaint.

Overall the work was done very poorly and does not meet concrete standards. The PEMB industry standards were also not met. There was no engineered plan provided to the Complainant nor the ROC. This is one of the complaint items by the Complainant.

The Complainant had the foundation and slab inspected by a 3rd Party engineer who also deemed the foundation and slab as not meeting standards. Report added to case file.

There was a previous JSI, 2023-10955, completed on Nov. 8, 2023 which resulted in the parties attempting to resolve the matter themselves. This did not result in any resolution.

The previous inspection photos show 2x4’s in the foundation, insulation and sheet metal unprotected and the roof metal unsecured. The Respondent since then has taken no steps to protect the Complainants property which has resulted in further damage to the structures material.

There was no evidence provided to substantiate items #2, 3 & 6. However, the worksite photos provided suggest these items were not done to plans or industry standards. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23

The other items do not meet standards and should be corrected by appropriate means.

Compliance Item: 1 - No stamped foundation plan was provided by a civil or structural engineer licensed in the State of Arizona. Investigator’s Observation: No plans were provided by either party but should have been provided to the Apache County Building Department for plan review. This should be provided to the Complainant upon request Governing Rule: Departure from or disregard of: (a) Plans or specifications in any material respect that is prejudicial to another without consent of the owner or the owner's duly authorized representative and without the consent of the person entitled to have the particular construction project or operation completed in accordance with such plans and specifications and code.

Compliance Item: 4 - The perimeter turndowns should have included pedestals and have additional vertical rebar and rebar ties for the locations directly below the metal columns to help transfer both downward and upward forces from the columns above them. Investigator’s Observation: No piers present to isolate the columns. IF pier support is not required, the foundation must have structural engineered concrete with supporting documentation for the concrete specification. The documentation must also have the batch information. Slump, any added water at time of pour and PSI ratings, should all be documented by a certified 3rd party. Governing Rule: Departure from or disregard of: (a) Plans or specifications in any material respect that is prejudicial to another without consent of the owner or the owner's duly authorized representative and without the consent of the person entitled to have the particular construction project or operation completed in accordance with such plans and specifications and code.

Compliance Item: 5 - The contractor provided slab cold joints in two locations but there was no detail of how these cold joints should be 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23

constructed. Investigator’s Observation: No engineered plans provided. However, the cold joints do not meet standards as they are different elevation. Governing Rule: Departure from or disregard of: (a) Plans or specifications in any material respect that is prejudicial to another without consent of the owner or the owner's duly authorized representative and without the consent of the person entitled to have the particular construction project or operation completed in accordance with such plans and specifications and code.

Compliance Item: 7 - The top surface of the slab is uneven in many areas of the floor. Investigator’s Observation: The slab does not meet FF/FL standards with multiple areas that have greater than 1/2"in 20'. 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 - The foundation sketch indicates a thickness of 5 inches, but the opening in the slab shown in photo is approximately 3½” Investigator’s Observation: The open areas in the slab do not meet 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.

ITEMS NOT REQUIRING CORRECTION:

Compliance Item: 2 - No objective evidence that the required grade beams shown in the foundation sketch were ever constructed. Investigator’s Observation: Unable to determine due to lack of evidence. Governing Rule:

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23

Compliance Item: 3 - There are no reinforcing details for the 3-foot cubed footings shown on the foundation sketch used for construction. Investigator’s Observation: Unable to determine due to lack of evidence. Governing Rule:

Compliance Item: 6 - The slab turndown around the perimeter of the foundation was formed using very thin forms on the inside edge, which prevents the soil adjacent to these thin forms from being sufficiently compacted prior to pouring the slab & turndown. Investigator’s Observation: Unable to determine. Governing Rule:

Miles Crosby Miles Crosby, Investigator #213 (928) 296-2480 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23

Complainant: Scott Abbott 2356 W. Jasper Butte Dr Queen Creek, AZ 85142

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Respondent: Fishbone LLC DBA: 2250 S Silver Oak Ave Show Low, AZ 85901

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 February 9, 2024

License No. ROC 339827

Re:Complaint No. 2023-14615

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 Wednesday, February 28, 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 reasons1, 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:

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 12/23 specifications in any material respect that is prejudicial to another without consent of the owner or the owner's duly authorized representative and without the consent of the person entitled to have the particular construction project or operation completed in accordance with such plans and specifications and code.

Compliance Item: 5 - The contractor provided slab cold joints in two locations but there was no detail of how these cold joints should be constructed. Investigator’s Observation: No engineered plans provided. However, the cold joints do not meet standards as they are different elevation. Governing Rule: Departure from or disregard of: (a) Plans or

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Compliance Item: 3 - There are no reinforcing details for the 3-foot cubed footings shown on the foundation sketch used for construction. Investigator’s Observation: Unable to determine due to lack of evidence. Governing Rule:

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

Sincerely,

Miles Crosby Miles Crosby, Investigator #213 (928) 296-2480 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Scott Abbott, Case No. 2023-14615 COMPLAINANT, v.

Fishbone LLC, CITATION License Nos. ROC 274929, 339827,

RESPONDENT.

The Registrar issues this Citation to Fishbone LLC (“Respondent”) under A.R.S. § 32- 1155(A). If Respondent fails to answer this Citation by March 23, 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, Scott Abbott (“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)(1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.

of 6 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)(2)(a) Departure from or disregard of: (a) Plans or specifications in any material respect that is prejudicial to another without consent of the owner or the owner's duly authorized representative and without the consent of the person entitled to have the particular construction project or operation completed in accordance with such plans and specifications and code. Charge :3 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. Charge :4 A.R.S. § 32-1154(A)(12) - A.R.S. § 32-1158 Failure in any material respect to comply with this chapter; Namely A.R.S. § 32-1158. Charge :5 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). ///

of 6 1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 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. 2023-14615. 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 Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than March 23, 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

of 6 1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 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- 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

of 6 1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 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 8, 2024. By: /s/ Katelyn Rolling Katelyn Rolling Legal Assistant II Legal Department Arizona Registrar of Contractors

COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, March 8, 2024 to: Respondent Certified Mail No: [number redacted] Fishbone LLC 2250 S Silver Oak Ave Show Low, AZ 85901

Copy mailed by USPS First Class Mail this same date to: Respondent Fishbone LLC 2250 S Silver Oak Ave Show Low, AZ 85901 Complainant Scott Abbott 2356 W Jasper Butte Dr Queen Creek, AZ 85142

of 6 1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Complainant’s Attorney Kevin M. Estevez, Esq. Holden Willits PLC 2 N Central Ave Ste 2000 Phoenix, AZ 85004

Copy sent electronically this same date to:

of 6 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)

Scott Abbott Mailing Address (Enter jobsite in Contract/Project section) City State Zip

2356 W. Jasper Butte Dr Queen Creek Arizona 85142 Phone Number Email

480-822-9874 [email redacted] I consent to receive communications electronically in connection with this case Name of Attorney (if any)

Kevin Estevez Street Address of Attorney City State Zip

Two North Central Phoenix Arizona 85004 Phone Number of Attorney Email of Attorney

[number redacted] [email redacted] Contractor Information Name (as shown on contract/invoice) ROC License Number(s)

Fishbone LLC ROC 274929 Street Address City State Zip

Phone Number Email

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

Terry Webb Contract/Project Information Contract Date Contract Amount Amount Paid

May 11, 2022 $400,000.00 $270,000.00 Date Work Started Date Work Stopped Date Work Was Completed

May 11, 2022 September 18, 2023 September 18, 2023 Close of Escrow (New Home) Move-In Date (New-Home)

April 28, 2023 Jobsite Street Address City State Zip

154 County Rd. 3187 Vernon AZ 85940 Name of Construction Site Owner Construction Site Name (if applicable)

Phone Number of Construction Site Owner Email of Construction Site Owner

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

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

Has any work been corrected? No

The contract was Written All change orders were N/A This project was Residential This project involved New Home

A building permit was obtained by Contractor Unknown Apache 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)

No stamped foundation plan was provided by a civil or structural engineer licensed in the State of Arizona.;No objective evidence that the required grade beams shown in the foundation sketch were ever constructed. T ;There are no reinforcing details for the 3-foot cubed footings shown on the foundation sketch used for construction.;The perimeter turndowns should have included pedestals and have additional vertical rebar and rebar ties for the locations directly below the metal columns to help transfer both downward and upward forces from the columns above them.;The contractor provided slab cold joints in two locations but there was no detail of how these cold joints should be constructed.;The slab turndown around the perimeter of the foundation was formed using very thin forms on the inside edge, which prevents the soil adjacent to these thin forms from being sufficiently compacted prior to pouring the slab & turndown.;The top surface of the slab is uneven in many areas of the floor.;The foundation sketch indicates a thickness of 5 inches, but the opening in the slab shown in photo is approximately 3½” thick.;

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

Scott Abbott \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 Construction Contract "Agreement") is entered This construction contract (hereinafter refened to as the into asof TBD bY and between:

Scott and Marilyn Abbott / The Abbott Family Trust,

with a mailing address of:

2356 W. Jasper Butte Dr. Queen Creek, M 85142 (hereinafter referred to as the "Customer")

and

Fishbone LLC Custom Build & Design Llc BR #274929 with a mailing address of:

9656 Broken Arrow Ln. Gold Canyon, Arizona 85118 480-980-6725 [email redacted]

(hereinafter referred to as the "Contractor"),

collectively referred to as the "Parties", both of whom agree to be bound by this Agreement.

Construction Services. The Customer wishes to obtain the Contractor's services to perform the following construction work:

Construction of new Primary residence in Vernon Arizona, to include: Routing of Electrical and Water to the homesite, Site Preparation, Purchasing and Erection of Steel Building, Layout and Construction of homes interior walls and features and external features as agreed to herein either in this Contract or in addendums included, as approved in writing and affirmed by signatures of both the Customer and the Contractor. (hereinafter referred to as the "Services")'

Detailed plans and specifications to be attached to this Agreement' The Services are to be performed at the following address:

'154 County Rd.3187C Vernon Arizona 85940 (hereinafter referred to as the "Property").

The Contractor agrees to furnish the labor, materials, and supplies necessary to perform the Services in accordance with the terms and conditions contained in this Agreement. Upon completion of the Services, the Contractor will remove all materials, supplies, and other debris.

Changes in the Servrces. The Customer may request reasonable changes to the Services described in this contract. Any changes to the Services must be in writing and signed by both the Contractor any changes to the services may result in additional and the customer. The customer agrees that chargesandextendtheConstructionSchedule.(SeeExhibit) the services in accordance with the following construction schedule. The contractor will complete schedule: (See Exhibit)

a Services Start Date: TBD

a Substantial (__*%) BY

o Completion Date: , '

o Full ComPletion Date: TBD

requests any changes or The customer agrees that all dates are subject to change if the customer to weather conditions' additions to the services. The full completion date is further subject Payment and Payment Compensation. The Customer and the Contractor agree to the following Terms:

o The upfront fee for the Services shall be $-; o The fee upon the completion of the project shall be

o The fee for materials shall be

The Contractor agrees to provide the Customer with a breakdown of all costs (i.e.,materials and labor) upon the Customer's request'

ffi.eprms*n*ati*ns. Contractor Representations. The Contractor is a duly licensed general contractor in good standing, License # BR 274929 . The Contractor will perform the Services in compliance with all applicable laws, regulations, codes, restrictive covenants, and homeowners'association requirements-

Customer Representations. The Customer is the legal owner of the Property, or othenrvise has authority to permit construction upon the Property. The requested Services are in accordance with all applicable laws, regulations, codes, restrictive covenants, and homeowners' association requirements.

Contractor Obligations. The Contractor will obtain, at its own cost, all necessary permits and approvals to perform the $ervices. The Contractor agrees to provide the Customer with lien waivers, lien releases, and acknowledgment of full payment upon receipt of each payment laid out in the Payment Schedule (See Exibit)

Services. The Contractor will comply with all applicable laws, ordinances, rules, regulations, and orders of public authorities for the safety of persons a.nd property. the contractor, its emPloJees, and subcontractors' customer obligations. The customer wiltprovide agrees property t"r i'n"i,*poie of p"rforming the services' The customer reasonabre access to the further agrees to keep hazards. T-he customer to keep the property crear of ail know, ,ni fotential uff p"ti out of the work area of the Property' insured for injury to its employees and any rnsurance. The contractor warrants it is adequatery others incurring loss or iniury ,, , ,",ult oitn" actsof the Contraitor or its employees and subcontractors' to perform work at its discretion, subcontractors. The contractor may engage subcontractors and in all instances remain responsible provided that the contractor shalt fulty pay any subcontractor ior the proper cornpletion of this Agreement'

Waffanty i^r^^r^ in -' defects -a all *nrnriate and i^ materials anrl urarkrnanRl workmanship' The contractor wa*ants the services for 2 years against that if the contractor is unable to Events Beyond contractor's control. The customer agrees of reasons that were not caused by the comprete the services by the compretion Date because or because of events beyond the contractor (i.e., availability of ,*""*trry'supplies, materials, etc') vandalism, etc-), the contractor will contractor,s control (such as labor issuls, iire, flood, acts oi God, case, the time for the not be deemed to have breached this Agreement. ln the aforementioned time reasonably necessary for contractor to complete the services wilibe extended by the amount of to the Parties' The time for the the Contractor to complete the Services and at a schedule agreeabte Customer to pay the iontractor for the Services will be extended in the same manner'

the llke are injured in Liability waiver. lf the contractor, any of its employees, contractors, agents, or injuries to the the course of performing the Services, the Cusiomer is exempt from liability for those fullest extent allowed bY law.

.: ;:ry, i:': ! 1;.;i!i i,; 11,

By Customer" The Customer can terminate the Agreement by giving written notice:

. lf the Contractor commits any material breach of this Agreement and fails to correct the breach within 15 days of notice of the breach; or

. lf there is any repeated failure by the Contractor to provide the Services of an acceptable standard and to the reasonable satisfaction of the Customer-

By Contractor. The Contractor can terminate the Agreement by giving written notice:

a lf the Customer fails to make the payments required and set forth in the exhibit within 15 days of notice of failure to make a payment; or

. lf the Customer commits any other material, non-financial breach and fails to correct the breach withinl S days of notice of the breach.

Legal Fees. ln the event of a dispute resulting in legal action, the successful party will be entitled to its legalfees, including, but not limited to its attorneys'fees, collection fees and the like. ri: i,1ri5 i"ll l"l"r'":: -'1 I t l-,r, ;llls-lu*rer *urmntitr *ny uther rrtst*ri*l' l**rt-**sn*iml :.::ai:;1if 'l; "i':i'" !

:lr-fl i3 I_:r'1 '".+,iit,i" I Ir d*ys of rt*tire o{ tl're hraea{:" :i:1l:ii'i}:lr1i:; li-r'i:} l:!::i::rr', tl ir' '1f i-: a,l!;{':l:i lii 'l l-:l:iIr'i:'j ''; .,;t.: ,. .:',:l'l- i"{':'l':11'1i:'''i "r':i-::r r'i":': i'ii',.'lr'l !l'1.i"1".i: tt':i l'n"'i:'1 li::ll":11:'l:''"1i:i'/: ii:tn ie,li-ll '{..:r:::l -l'-'t..l : ' '-' '" I :i l-lr.: ,l i; ., i' ' f i: l l i'' ' l;'' il l'ri ti:-"'"'':':'t i '

(''1 't!'iIj'rjI li; L.i:,*:-; *{ If 1rlr :ii;i1i-l

l::i, ''r :il.t,l ri

ery ero*r s&$!6tnr'o Es fiet {#th Bki6 s*dcr*$ffistr*tsd lj'rli.lfl.:i1 s$Be & th* h{rfis sftd mndrMa 'i-trI I i.lj i r'l'.i':,,.

**NTRE*T*R Nsnr*:. - le TTY lJ EEtr $ii1n*tl:

ilrtq* a fiUffiTffiMffiffi i N;lrrit:. kaiql!!&e

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Uiatt: parties agree that this Agreement shail be governed by the Governtng Law and Jurisdiction. The Laws of the State of Arizona'

EntireAgreement.ThePartiesacknowledgeand?qt":thatthisAgreementandtheincluded pirties. rf the Parties desire to ag-reement between the construction pran, represents the entire parties' they shail do so in writing to be signed by both change, add, or o*renrurie modify unv GrHi, as forth above as demonstrated by their signatures The parties agree to the terms and conditions set folIows:

CONTRACTOR

Name

Signed:

Date T CUSTOI\/lER

Name

Signed:

Date N ORTHERN S TRUCTURAL C ONSULTING P.O. Box 1451 Taylor, AZ Phone: (928) 245-5628 85939

Site Observation Report Date of Inspection: November 21, 2023 Building Description: Metal Building Foundation structural concerns with proper construction Building Location: 154 County Road 3187C, Vernon, Arizona 85940 Client: Jeff Brimhall – BW Construction

The following report contains the results of an on-site inspection performed at the site listed above. This report addresses structural concerns of improper construction procedures that reduce the structural integrity of the foundation and metal building above it. A partial plan view drawing of this structure is shown on the last page of this report.

Observation Photos & Descriptions:

Photos 1 through 3 were taken of two cold joints that the contractor constructed. Photo 4 was taken of an opening in the north end of the slab that indicates the floor slab being less than 5 inches thick in some areas. Photo 5 was taken of a column base and anchor bolts along the west side of the foundation. Photos 6 and 7 were taken of two corners that show thin concrete forms on the inside.

Photo #1: The South cold joint and standing water near cold joint

IR 23-143 December 16, 2023 Page 1 of 8 N ORTHERN S TRUCTURAL C ONSULTING P.O. Box 1451 Taylor, AZ Phone: (928) 245-5628 85939

Photo #2: The North cold joint

Photo #3: Close-up of cold joint in perimeter of foundation

IR 23-143 December 16, 2023 Page 2 of 8 N ORTHERN S TRUCTURAL C ONSULTING P.O. Box 1451 Taylor, AZ Phone: (928) 245-5628 85939

Photo #4: Slab opening with thinner slab thickness exposed

Photo #5: Column base with anchor bolts that may not have sufficient embedment

IR 23-143 December 16, 2023 Page 3 of 8 N ORTHERN S TRUCTURAL C ONSULTING P.O. Box 1451 Taylor, AZ Phone: (928) 245-5628 85939

Photo #6: Flimsy interior forms at one corner

IR 23-143 December 16, 2023 Page 4 of 8 N ORTHERN S TRUCTURAL C ONSULTING P.O. Box 1451 Taylor, AZ Phone: (928) 245-5628 85939

Photo #7: Flimsy interior forms at another corner

Conclusions:

Structural concerns are as follows:

1. No stamped foundation plan was provided by a civil or structural engineer licensed in the State of Arizona. This should have been required by Apache County prior to beginning construction.

IR 23-143 December 16, 2023 Page 5 of 8 N ORTHERN S TRUCTURAL C ONSULTING P.O. Box 1451 Taylor, AZ Phone: (928) 245-5628 85939

2. There is no proof that the three grade beams shown in the foundation sketch were ever constructed. These are critical in order to resist the maximum horizontal thrust that the metal building interior columns at grids 2, 3 and 4 will experience when snow loads are present.

3. There are no reinforcing details for the 3-foot cubed footings shown on the foundation sketch used for construction.

4. There is no evidence of any hairpin shaped rebar, or other methods, to ensure horizontal thrust forces from the columns at grids 2, 3 and 4 will be transferred into the slab directly below the interior columns.

5. The perimeter turndowns should have included pedestals and have additional vertical rebar and rebar ties for the locations directly below the metal columns to help transfer both downward and upward forces from the columns above them. These added column pedestals would also help tie the slab and footings together to help resist wind uplift that the column footings should have been engineered for. These 3-foot cubed footings do not weigh enough to resist the calculated uplift forces shown on sheet F2 of the Titan Steel Structures drawings.

6. The foundation plan does not specify any required embedment length for the column anchor bolts into the concrete. This embedment should not be left up to the contractor to decide what is should be.

7. The contractor provided slab cold joints in two locations but there was no detail of how these cold joints should be constructed. A thickened slab is typically required on both sides of the cold joint in order to transfer vertical shear from one side to the other for heavy loads that the slab may experience.

8. According to photos taken during construction, the slab turndown around the perimeter of the foundation was formed using very thin forms on the inside edge, which prevents the soil adjacent to these thin forms from being sufficiently compacted prior to pouring the slab & turndown.

9. The top surface of the slab is uneven in many areas of the floor as shown by the sitting water in the photo.

10. The foundation sketch indicates a thickness of 5 inches, but the opening in the slab shown in photo is approximately 3½” thick.

Based on the items listed above, there is little confidence that this foundation can properly support the loads that it will be required to support.

IR 23-143 December 16, 2023 Page 6 of 8 N ORTHERN S TRUCTURAL C ONSULTING P.O. Box 1451 Taylor, AZ Phone: (928) 245-5628 85939

Recommendations:

A. Due to all the issues list above, perhaps the best option and least expensive solution for this foundation is a complete rebuild based on an engineered foundation design.

B. Without any evidence of items 2 thru 6 above having been properly constructed, it is recommended that a complete rebuild be performed.

If there are questions concerning this report, please feel free to call.

Kirk A. Uchytil, S.E.

IR 23-143 December 16, 2023 Page 7 of 8 Received 3/22/2024 ROC Legal

Mar 22 2024

Reference: Written Answer to Citation and Complaint 2023-14615

To: Registrar of Contractors State of Arizona

[email redacted]

From: Fishbone LLC.

[email redacted] [email redacted] [email redacted]

This letter is in response to the citation received from the Arizona Registrar of Contractors (ROC) Citation 2023-14615 concerning the investigation by the ROC initiated due to a complaint against Fishbone LLC. and the work being performed at 154 county road 3187 Vernon Arizona by Mr. Scott Abbott.

The Citation issued by the ROC is due to a difference between what Mr. Abbott was and is demanding from Fishbone and what the ROC spelled out in the directive.

Mr. Abbott himself has and his attorney Mr. Estevez have demanded to have the foundation demolished and completely replaced. The ROC’s directive spelled out instructions to repair the existing foundation. Quoting from a letter from Mr. Estevez dated Jan 8, 2024, he gives 4 directives to Fishbone. Number 2 states “removes and rebuilds the foundation/slab work.”

Fishbone has repeatedly tried in good faith to amicably work out the issues on the project with Mr. Abbott and his Attorney by repairing the existing foundation so as to continue the work on the project. Mr. Abbott and Mr Estevez have demanded to have it removed and replaced. Fishbone’s position is that the foundation is sound and is structurally sufficient to build upon albeit there are issues that can be corrected as evidenced by what investigator Mr. Miles Crosby has directed to be repaired in the directive. It was Fishbone’s desire to comply with the directive of the ROC. It was Mr. Abbott’s directive to Fishbone by himself and Mr. Estevez to demolish and replace the foundation. Fishbone has been faced with this quandary from the beginning and has hampered our desire to repair the foundation as directed by the ROC.

Further there are existing complications. First, Fishbone was restricted from having access to the property when Mr. Abbott placed a fence on the entry with a lock and Fishbone did not have the combination and was instructed to cease all work on Sept 25 2023. On Mar 2 2024 Fishbone had a meeting between Mr Abbott, Mr. Cluff and Mr. Nosie and Fishbone received authorization to reenter the property which was after the ROC directive time frame had expired on Feb 28 2024.

Second, Fishbone was waiting for a progress draw in September 2023 from Mr. Abbott to continue work. When asked for the draw monies in the meeting on Mar 2, 2024, Mr. Abbott

Received 3/22/2024 ROC Legal

stated that the requested draw will not be issued but instead demanded again that the foundation be removed and replaced before the requested monies be issued to Fishbone.

When Mr. Abbott did give authorization to reenter the property on Mar 2, 2024, it was expressly to remove and replace the foundation and did not recognize the directive by the ROC to repair the existing foundation.

Mr. Abbott had an independent report by another cement contractor which is contained in the citation with the opinion and a report by an engineer based on the cement contractors advisement. Fishbone’s position is that the independent inspection and report is inconclusive and based on their opinion at best and mostly hearsay.

The report does not take into consideration the testimony of Mr. Greg Cluff who performed the work or the inspection report of the Apache County Inspectors inspection. The inspection was performed by the inspector specifically for the rebar placement and the piers vertical rebar structure prior to the cement pour. He is the only one with the authority and opinion that the work performed meets the standard of the Apache County building department. His inspection record and sign off is the authority and validation relevant and attesting that the required work was completed prior to the pouring of the cement.

Every one inspecting the project after the cement is poured is just an educated guess on the structure. An engineer report on the rebar work and integrity of the work is inconclusive and his comments and report are a guess. This is further evidenced by the ROC inspectors Mr. Crosby’s directive stating several of the complaints reported by the engineer were unable to determine due to lack of evidence. It is the opinion of Fishbone that the ROC’s directive is authoritative and is to be adhered to. Further the engineer report is based partially on pictures supposedly taken of the foundation before cement pour and it cannot be determined that the pictures are in fact of the Abbott foundation. If they are of the Abbott foundation it is the testimony of Mr. Cluff that the pictures were taken prior to the pier structure being constructed and put into place for inspection by Apache county.

Fish bone is advising the ROC and Mr. Abbott in this written notice that we are exercising our right to the termination of the contract between Fishbone and Mr. Abbott as spelled out in the contract signed on May 17 2022 by Mr. Abbott under the termination paragraph on page 3.

Termination

By Contractor. The contractor can terminate the agreement by giving written notice:

 If the customer fails to make the payments required and set forth in the exibit with in 15 days of notice of failure to make a payment; or  If the customer commits any other material, non financial breach and fails to correct a breach within 15 days of notice of the breach.

Received 3/22/2024 ROC Legal

Mr. Abbott has breached the contract by refusing to issue the required monies by the draw requested in September 2023 for further progress of the construction and restricted access to the property with a fence and lock on Sep 23 2023.

Fishbone is respectfully asking the ROC to not suspend or revoke it’s license and allowing recognition of Fishbone right to terminate its agreement with Mr. Abbott due to breach of contract.

Respectfully,

Blaine Nosie

Terry Webb

Greg Cluff

Received 3/22/24, 3:50 PM State of Arizona Mail - Written Answer to Citation and Complaint 2023-14615 3/22/2024 ROC Legal

Answers - AZROC <[email redacted]>

Written Answer to Citation and Complaint 2023-14615 message

T W <[email redacted]> Fri, Mar 22, 2024 at 1:43 PM To: [email redacted]

Hello,

Please find the Fishbone attached PDF document written response to the Citation and complaint by Abbott.

Respectfully,

Fishbone LLC.

Written Answer to Citation and Complaint 2023-14615.pdf 378K

https://mail.google.com/mail/b/AEoRXRSk1JR5-h0VpTxoe4V8vbsGLm140Zla6I73bqcnXlhfAWNp/u/0/?ik=581c53cf5c&view=pt&search=all&permthid… 1/1 Mediation Notice

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

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

v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.

REQUEST

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

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

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

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

_____________________________________ _______________________ Respondent (or representative) Date

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

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

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

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

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

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

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

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

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

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

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

Exhibit Exhibit Name

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

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

Print Name Signature Date

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