2023A-14711-CHC-ROC Notice of Hearing and Packet MAILED

2023A-14711-CHC-ROC · Registrar of Contractors · 2024-03-19

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Matthew Lamarque , Case No. 2023-14711 COMPLAINANT, Docket No. 2023A-14711-CHC-ROC v. NOTICE OF HEARING ON CONTESTED CASE Evolution Exterior Concepts LLC License No. ROC 317598,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

May 2, 2024 9:00 AM Amy Haley Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

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

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

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

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

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

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

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

The statutes and rules governing the hearing can be found at: Arizona Revised Statutes §§ 41-1092 to -1092.12, and Arizona Administrative Code R2-19-101 to -122. PARTICULAR ARIZONA STATUTES AND RULES INVOLVED The statutes and rules the Respondent is alleged to have violated are cited in the complaint and citation, which were served on the Respondent on February 22, 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)(12) - A.R.S. § 32-1158

Charge: 3 A.R.S. § 32-1154(A)(22)

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

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

be a party to the hearing.

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

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

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

1156(B).

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

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

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

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

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

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

RESOLUTION SHORT OF ADJUDICATION In any case which is resolved or settled by the parties, or which is withdrawn by the Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of the resolution or settlement. Any such cases will be listed on the Registrar’s website and its records under the category: “Closed Complaints – Resolved/Settled/Withdrawn.” Dated March 18, 2024.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail March 18, 2024 to: Respondent(s) Evolution Exterior Concepts LLC 2433 E University Dr Tempe, AZ 85281

Complainant(s) Matthew Lamarque 4609 East Red Range Way Cave Creek, AZ 85331

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. 2023-14711 /

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

Katie Hobbs, Governor Martín Quezada, Director

Jobsite Inspection Notes

Case No.: 2023-14711 Investigator: David Fagerburg #210 Inspection Date: January 24, 2024 Inspection Time: 1:30 PM

Complainant: Matthew Kathy Respondent: Evolution Exterior Lamarque, Homeowners, Javier Concepts LLC, Andrew Nelson Rangel & Dan Banovich, Project Owner & QP, Ron Pickard, Managers Tile & Techniques Superintendent Not Present: Not Present:

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

Investigator Note: 1: Upon reviewing the written contract submitted by the complainant I am able to verify the pool contract payment schedule is not in compliance with ARS 32-1158.01(A). Swimming Pool; spa; construction contracts and the requirements of section 32-1158 minimum elements of a contract.

Compliant Item 1: The flagstone pool decking was not installed properly and not the way I requested it. I texted and emailed pictures to the contractor before the job started of the pattern and style of flagstone decking I wanted. They didn't come close. I wanted large pieces of flagstone laid flat with a consistent grout spacing between stones, the way flagstone is supposed to be laid. They used a flop and drop method that gave me no consistency with stone spacing, the grout spacing went from 4 -5 inches apart to where the stones are actually touching. With using this style of installation this also caused the stones to be unevenly laid in most of the decking. Many high points and many low points that are not attractive and are tripping hazards.

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

Investigator’s Observation: Verified. At this jobsite investigation the complainant showed me 2 photos of another Flagstone pool deck project with Flagstone that appeared to be carved and formed to have uniform spacing between the stones and stated this is the way the complainant requested the Flagstone decking to be installed. I had no knowledge as to the method used by the respondent to install the Flagstone. During this jobsite investigation I observed a pool and spa in the backyard of the home with Flagstone installed throughout the coping and decking. See P (3) thru P (25) and P (28) and P (29). The spacing between the stones is not uniform and varies from touching adjacent stones to large mortar spaces of 6” or more. See P (3) thru P (7). I also observed Flagstones with high and low points that may cause a tripping hazard. See P (14) and P (18). The respondent shall correct the Flagstone spacing between stones that are not uniform with high and low points throughout the pool and spa decking by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 2: There is cracking in the mortar everywhere between the stones. Some parts are cracked so badly that you can pull the mortar up. The cracking happened immediately upon the completion of the job and was shown to the owner of the company, Andrew Nelson, at the final walk through. As I investigated more into why this happened and had well recommended masons come look at the job. They all said the cracking occurred because the correct size of sand was not used in the mixture of the mortar. Because there is no consistency with the spacing between stones the correct mixture could never have been achieved because the mixture is based on the spacing thickness. I was also told that the cracking will continually get worse. ; Investigator’s Observation: Verified. At this jobsite investigation I observed a pool and spa in the backyard of the home with Flagstone installed throughout the coping and decking. See P (3) thru P (25) and P (28) and P (29). The mortar between the stones is cracking at various areas throughout the decking. See P (8) thru P (12), and P (20) thru P (23). The respondent shall correct the cracking mortar between the Flagstones throughout by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

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

Investigator’s Observation: Verified. At this jobsite investigation I observed a pool and spa in the backyard of the home with Flagstone installed throughout the coping and decking. See P (3) thru P (25) and P (28) and P (29). During this jobsite investigation the complainant showed me Flagstone with a haze and mortar that remains on the surface of the stones. See P (14) thru P (21). The respondent shall correct the Flagstone with a haze and mortar that remains on the surface by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 4: The drain that they were supposed to install is improperly done and looks horrible. They said originally that I could not use a normal grate drain with the flagstone so they decided to do a saw cut drain about quarter inch wide. There is cracking in the mortar and stone all along the drain which is at least 15 feet long. In some areas I can actually remove pieces of stone. I also don"t believe the drain will do the job it was meant to do because the opening is too thin.; Investigator’s Observation: Verified. At this jobsite investigation I observed a pool and spa in the backyard of the home with Flagstone installed throughout the coping and decking. See P (3) thru P (29). During this jobsite investigation a water drain test was performed at the patio where a 3” PVC drain is located. The respondent acknowledged there is a narrow sawblade cut in the Flagstone and into the drain pipe running from the patio to a drain system that terminates into the ground at the east side yard. See P (25) thru P (29). It appears the drain pipe does function and I observed water flowing to the east side yard termination point in the ground. The complainant stated that eventually the drain stops working when the drain system is full and water no longer drains into the ground. During this jobsite investigation the complainant showed me cracked Flagstone and mortar at the sawblade cut and demonstrated how easily the Flagstone can be lifted up and flipped 1 of the stones upside down exposing the drain pipe. See P (9) thru P (12) and P (28). Upon further observation it appears that the sawblade cut in the PVC drain pipe collapses when applying a small amount of pressure on the pipe. See P (29). The respondent shall correct the drain pipe installation, cracked Flagstone and mortar by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

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

Investigator’s Observation: Verified. At this jobsite investigation I had no knowledge as to the method the respondent used to install the Flagstone. Using my hand and knocking on the Flagstone I observed and am able to verify numerous Flagstones installed that are hollow. During this jobsite investigation the complainant showed me cracked Flagstone and mortar at the drain sawblade cut and demonstrated how easily the Flagstone can be lifted up and flipped 1 of the stones upside down. See P (12) and P (28). The respondent shall correct the cracked mortar and Flagstones that are loose and hollow by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

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

Complainant: Matthew Lamarque 4609 East Red Range Way Cave Creek, AZ 85331

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: Evolution Exterior Concepts LLC 120 W. San Angelo St Gilbert, AZ 85233

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 29, 2024

License No. ROC 317598

Re:Complaint No. 2023-14711

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 Tuesday February 20, 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:

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Compliant Item 1: The flagstone pool decking was not installed properly and not the way I requested it. I texted and emailed pictures to the contractor before the job started of the pattern and style of flagstone decking I wanted. They didn't come close. I wanted large pieces of flagstone laid flat with a consistent grout spacing between stones, the way flagstone is supposed to be laid. They used a flop and drop method that gave me no consistency with stone spacing, the grout spacing went from 4 -5 inches apart to where the stones are actually touching. With using this style of installation this also caused the stones to be unevenly laid in most of the decking. Many high points and many low points that are not attractive and are tripping hazards. Investigator’s Observation: Verified. The respondent shall correct the Flagstone spacing between stones that are not uniform with high and low points throughout the pool and spa decking by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 2: There is cracking in the mortar everywhere between the stones. Some parts are cracked so badly that you can pull the mortar up. The cracking happened immediately upon the completion of the job and was shown to the owner of the company, Andrew Nelson, at the final walk through. As I investigated more into why this happened and had well recommended masons come look at the job. They all said the cracking occurred because the correct size of sand was not used in the mixture of the mortar. Because there is no consistency with the spacing between stones the correct mixture could never have been achieved because the mixture is based on the spacing thickness. I was also told that the cracking will continually get worse. ; Investigator’s Observation: Verified. The respondent shall correct the cracking mortar between the Flagstones throughout by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 3: There was grout haze left all over the stone to the point that it mutes the natural color of the stone and has a hazy white and grey look. When putting the mortar in between the stones they were sloppy and extremely inconsistent. There are high levels where the mortar is bulging over the top of the stone that they didn't smooth out. There are low levels where the mortar is too shallow and there is a dip . I tried scrubbing the stone several times but it didn't do much to take the haze away. The beautiful golds and browns of the stone I paid for cannot be seen in large areas of the decking because of this poor workmanship.; Investigator’s Observation: Verified. The respondent shall correct the Flagstone with a haze and mortar that remains on the surface by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Compliant Item 4: The drain that they were supposed to install is improperly done and looks horrible. They said originally that I could not use a normal grate drain with the flagstone so they decided to do a saw cut drain about quarter inch wide. There is cracking in the mortar and stone all along the drain which is at least 15 feet long. In some areas I can actually remove pieces of stone. I also don"t believe the drain will do the job it was meant to do because the opening is too thin.; Investigator’s Observation: Verified. The respondent shall correct the drain pipe installation, cracked Flagstone and mortar by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 5: A large percentage of the flagstone is hollow underneath. This is due to the method they used to install the stone and how quickly they laid 1t. I was told by the masons that once the grout mortar cracks enough the flagstone will become loose and will be able to be lifted up because it is no longer adhered to the concrete slab. There are already pieces that can be removed with very little effort. Investigator’s Observation: Verified. The respondent shall correct the cracked mortar and Flagstones that are loose and hollow by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

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

Sincerely,

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

CC: Respondent Complainant

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Matthew Lamarque, Case No. 2023-14711 COMPLAINANT v. Evolution Exterior Concepts LLC, CITATION License No. ROC 317598, RESPONDENT

The Registrar issues this Citation to Evolution Exterior Concepts LLC (“Respondent”)

under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by March 8, 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 30, 2023, Matthew Lamarque (“Complainant”) filed a written complaint

with the Registrar. A copy of that Complaint is attached to this Citation.

A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT

The Registrar investigated this matter and finds cause to charge Respondent with

violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged

with violating:

Charge: 1 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Charge: 2 A.R.S. § 32-1154(A)(12) - A.R.S. § 32-1158 Failure in any material respect to comply with this chapter; Namely A.R.S. § 32- 1158.01. Charge: 3 A.R.S. § 32-1154(A)(22) Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a reasonable period of time after receiving a written directive from the Registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held.

If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F). FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2023-14711. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways:

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

The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than March 8, 2024. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings.

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE

Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an

informal settlement conference, the Registrar must hold a conference within 15 days after

receiving the request. Respondent’s request for an informal settlement conference must be in

writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41-

1092.06(A).

The Registrar will not close or settle any case without both parties’ appearance at the

Settlement Conference. The parties participating in the settlement conference must have the

authority to settle the case and must waive their right to object to the participation of the

Registrar’s settlement conference representative in the final administrative decision. A.R.S.

§ 41-1092.06(B).

Any statements, either written or oral, made by the parties at the conference, including a

written document, created or expressed solely for the purpose of settlement negotiations, are

inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B).

RESPONDENT’S PRIOR RECORD

Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative

law judge and the Registrar may consider not only facts in the current case, but also facts in

prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s

prior disciplinary record and current license(s) status may be considered as a mitigating or

aggravating factor in determining the appropriate discipline.

EVIDENTIARY DISCLAIMER

By issuing this Citation, the Registrar is directing Respondent to file a written answer to

the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be

suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any

charge or allegation in Complainant’s written complaint is in fact true. This Citation does not

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated February 22, 2024. By: /s/ Meridith Bell Meridith Bell Legal Assistant II Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, February 22, 2024 to:

Respondent Certified Mail No: [number redacted]

Evolution Exterior Concepts LLC 2433 E. University Dr. Tempe, AZ 85281

Copy mailed by USPS First Class mail this same date to: Respondent Evolution Exterior Concepts LLC 2433 E. University Dr. Tempe, AZ 85281 Complainant Matthew Lamarque 4609 East Red Range Way Cave Creek, AZ 85331 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. 2023-14711

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

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

Matthew Lamarque Mailing Address (Enter jobsite in Contract/Project section) City State Zip

4609 East Red Range Way Cave Creek Arizona 85331 Phone Number Email

(831) 277-4766 [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)

Evolution Exterior Concepts LLC ROC 317598 Street Address City State Zip

2435 East University Drive Tempe Arizona 85288 Phone Number Email

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

Andrew David Nelson Contract/Project Information Contract Date Contract Amount Amount Paid

January 5, 2023 $180,000.00 $183,500.00 Date Work Started Date Work Stopped Date Work Was Completed

January 12, 2023 June 8, 2023 June 8, 2023 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

4609 East Red Range Way Cave Creek AZ 85331 Name of Construction Site Owner Construction Site Name (if applicable)

Matthew Lamarque Phone Number of Construction Site Owner Email of Construction Site Owner

[number redacted] [email redacted] This complaint is for Poor Work I have contacted the contractor by 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 Both This project was Residential This project involved Other Installing new pool, decking and landscaping A building permit was obtained by Contractor PR-[number redacted] phoenix 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)

The flagstone pool decking was not installed properly and not the way I requested it. I texted and emailed pictures to the contractor before the job started of the pattern and style of flagstone decking I wanted. They didn't come close. I wanted large pieces of flagstone laid flat with a consistent grout spacing between stones, the way flagstone is supposed to be laid. They used a flop and drop method that gave me no consistency with stone spacing, the grout spacing went from 4 -5 inches apart to where the stones are actually touching. With using this style of installation this also caused the stones to be unevenly laid in most of the decking. Many high points and many low points that are not attractive and are tripping hazards. ; There is cracking in the mortar everywhere between the stones. Some parts are cracked so badly that you can pull the mortar up. The cracking happened immediately upon the completion of the job and was shown to the owner of the company ,Andrew Nelson, at the final walk through. As I investigated more into why this happened and had well recommended masons come look at the job. They all said the cracking occurred because the correct size of sand was not used in the mixture of the mortar. Because there is no consistency with the spacing between stones the correct mixture could never have been achieved because the mixture is based on the spacing thickness. I was also told that the cracking will continually get worse. ; There was grout haze left all over the stone to the point that it mutes the natural color of the stone and has a hazy white and grey look. When putting the mortar in between the stones they were sloppy and extremely inconsistent. There are high levels where the mortar is bulging over the top of the stone that they didn't smooth out. There are low levels where the mortar is too shallow and there is a dip . I tried scrubbing the stone several times but it didn't do much to take the haze away. The beautiful golds and browns of the stone I paid for cannot be seen in large areas of the decking because of this poor workmanship.; The drain that they were supposed to install is improperly done and looks horrible. They said originally that I could not use a normal grate drain with the flagstone so they decided to do a saw cut drain about quarter inch wide. There is cracking in the mortar and stone all along the drain which is at least 15 feet long. In some areas I can actually remove pieces of stone. I also don"t believe the drain will do the job it was meant to do because the opening is too thin.; A large percentage of the flagstone is hollow underneath. This is due to the method they used to install the stone and how quickly they laid it. I was told by the masons that once the grout mortar cracks enough the flagstone will become loose and will be able to be lifted up because it is no longer adhered to the concrete slab. There are already pieces that can be removed with very little effort.

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

Matthew Lamarque \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 3/6/24, 8:17 AM State of Arizona Mail - Complaint # 2023-14711

Answers - AZROC <[email redacted]>

Complaint # 2023-14711 message

Drew Nelson <[email redacted]> Tue, Mar 5, 2024 at 1:39 PM To: "[email redacted]" <[email redacted]>

To whom it may concern,

I am responding prior tot he March 8th deadline for complaint # 2023-14711

I am trying to come to a solution with the owner for the complaint and that is the plan prior to a hearing but I am ok with the matter going to a hearing if no solution is met by the timeline provided.

I have received multiple estimates from the owner for a complete removal of the existing flagstone patio and completely new patio, both estimates have what seems to be, a different color flagstone than what is installed.

After talking with the ROC inspector on this file, David F. he agrees with me that the entire patio does not need to be removed in order to meet the ROC directives.

There is also the matter that in order to remove and install new flagstone around the pool and spa (coping) the pool and spa warranty would be voided if another contractor would damage any part of those items (pebble interior, shell of pool, plumbing etc...)

It seems that as of now is the owner's only acceptance to the directives is a completely new flagstone patio or "cutting him a check for the amount on the estimates", which I do not agree to.

Again, my goal is to come to a solution prior to a hearing date.

Thank you and let me know if you need any other information.

Drew Nelson Owner / VP of Construction and Design Evolution Exterior Concepts c- 978-836-1199 https://mail.google.com/mail/b/AEoRXRQO4sccWNnQqMPxChkVbKxDclZ9ZXRUgq3QnmLfGXIVpHVJ/u/0/?ik=581c53cf5c&view=pt&search=all&per… 1/2 3/6/24, 8:17 AM State of Arizona Mail - Complaint # 2023-14711

www.eecpoolandlandscapes.com

EvolutionExteriorConcepts

https://mail.google.com/mail/b/AEoRXRQO4sccWNnQqMPxChkVbKxDclZ9ZXRUgq3QnmLfGXIVpHVJ/u/0/?ik=581c53cf5c&view=pt&search=all&per… 2/2 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