2024A-00155-NPC-ROC Notice of Hearing and Packet MAILED

2024A-00155-NPC-ROC · Registrar of Contractors · 2024-03-19

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Southwest Barricades LLC, Case No. 2024-00155 COMPLAINANT, Docket No. 2024A-00155-NPC-ROC v. NOTICE OF HEARING ON CONTESTED CASE Dream House Construction & Renovations LLC License No. ROC 342522,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

April 22, 2024 9:00 AM Sondra Vanella Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

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

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

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

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

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

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

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

The statutes and rules governing the hearing can be found at: Arizona Revised Statutes §§ 41-1092 to -1092.12, and Arizona Administrative Code R2-19-101 to -122. PARTICULAR ARIZONA STATUTES AND RULES INVOLVED The statutes and rules the Respondent is alleged to have violated are cited in the complaint and citation, which were served on the Respondent on February 7, 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)(10)

THE PARTIES TO THE ADMINISTRATIVE HEARING

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

Respondent and Complainant, as the parties to the hearing, will present evidence and

argument to the administrative law judge.

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

A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented by an officer or employee if that person satisfies the conditions set forth in A.R.S. § 32- 1156(B). CHANGE OF ADDRESS Each party must inform the Registrar and the Office of Administrative Hearings of any change of address within five (5) days of the change. A.R.S. § 41-1092.04.

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

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE The Registrar’s investigators, employees, and attorneys will appear at the hearing via video conference or telephone unless requested by a party to appear in-person. Requests for the Registrar’s investigators, employees, or attorneys to appear in-person must be filed with the Registrar and the Office of Administrative Hearings no later than seven (7) calendar days prior to the hearing date.

HEARING PACKET In the interests of administrative efficiency, the Registrar compiles and discloses

certain documents to the parties and the Office of Administrative Hearings. These documents

are attached to this Notice of Hearing as the “Hearing Packet.” If any party wishes to submit

additional evidence, they must do so during the hearing after completing a disclosure statement. See “Disclosure Statement” section below. SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS The parties to the hearing must be prepared to present evidence in support of their

case. If a party wants to obtain testimony from a witness or documents not in the party’s

possession, the party must prepare and file a written subpoena for the Administrative Law

Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a

subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com. The party seeking a subpoena must serve notice on all the parties to the hearing, and on the Registrar. A.R.S. § 41-1092.04.

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

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

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

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

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

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

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

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

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

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

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

RESOLUTION SHORT OF ADJUDICATION In any case which is resolved or settled by the parties, or which is withdrawn by the Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of the resolution or settlement. Any such cases will be listed on the Registrar’s website and its records under the category: “Closed Complaints – Resolved/Settled/Withdrawn.” Dated March 5, 2024.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail March 5, 2024 to: Respondent(s) Dream House Construction & Renovations LLC 4933 W Desert Ln Laveen, AZ 85339

Complainant(s) Southwest Barricades LLC 22425 N 16th St Suite 1 Phoenix, AZ 85024

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. 2024-00155 /

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

January 9, 2024

Via U.S. Mail and Email

Complainant Southwest Barricades LLC 22425 N 16th St Ste 1 Phoenix, AZ 85024

Via U.S. Mail and Email

Respondent Dream House Construction & Renovations LLC 4933 W Desert Ln Laveen, AZ 85339

Re: Complaint No. 2024-00155

Dear Complainant and Respondent:

The Registrar received a complaint filed against Dream House Construction & Renovations LLC for non-payment of materials or services rendered. This complaint is complete and will be substantively reviewed by the Registrar.

Respondent is free to raise any issue or affirmative defense to this complaint by filing a response with the Registrar by January 16, 2024. Please reference the complaint number listed above if you file a response. Respondent may file a response by:

Mail: P.O. Box 18244, Phoenix, AZ 85005-8244 In-Person: 1700 W. Washington St., Ste. 105, Phoenix, AZ 85007-2812 Email: [email redacted]

The Registrar will not issue a citation before January 16, 2024 and will review Respondent’s response, if one is submitted.

Please be advised that a response to the complaint is not the same as a written answer. If the Registrar issues a citation Respondent must file a written answer to that citation in accordance with A.R.S. § 32-1155.

Sincerely,

/s/ Katelyn Rolling Katelyn Rolling Legal Assistant II Legal Department Arizona Registrar of Contractors

1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 RECEIVED 01/05/2024 ROC LEGAL Non-Payment Complaint Form Departmental Use Only Complaint Number: Mail to: Registrar of Contractors 2024-00155 P.O. Box 18243 Phoenix, AZ 85005-8243

Person Filing Complaint (Payee) Business Name Full Name (First Middle Last) ROC License Number(s) (if any) John Gabriel Zyadet Street Address City State Zip Code 22425 N 16th St Suite 1 Phoenix Arizona 85024 Phone Number Email Address [number redacted] [email redacted] I consent to receive communications electronically in connection with this case

Name of Attorney (if any)

Attorney’s Street Address City State Zip Code

Attorney’s Phone Number Attorney’s Email Address

Licensee Information (Payer) Name (as shown on contracts, invoices, etc.) ROC License Number(s) Dream House Construction & Renovations LLC ROC 342522 Street Address City State Zip Code 4933 W Desert Ln LAVEEN AZ 85339 Phone Number Email Address

Name of Person(s) Representing License Christopher Quick Complaint Information Principal Amount Due (excluding interest and fees) Contract Date (if applicable) $18,547.04 May 1, 2023 Have you filed a civil complaint? No List all specific invoices which have not been paid. Attach additional pages if necessary. 00123360; 00123359; 00123839; 00123883

Certification I certify, upon information and belief, that the above-named licensee has failed to pay monies in excess of seven hundred fifty dollars when due for materials or services rendered in connection with the licensee’s operations as a contractor. I further certify, upon information and belief, that the above-named licensee has the capacity to pay, or has received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased. A.R.S. § 32-1154(A)(10). Printed Name Signature Date John Gabriel Zyadet Declaration & Signature I am the Complainant in this Complaint Form or Complainant’s duly authorized representative. I declare under penalty of perjury that the information contained in this Form is true and correct to the best of my knowledge. I further certify that any documents submitted in support of this complaint are true and correct copies of the originals and are accurate to the best of my knowledge. I will assist in the investigation or in the prosecution of the contractor or other parties, and will, if necessary, attend hearings and testify to facts. RECEIVED Printed Name Signature Date 01/05/2024 John Gabriel Zyadet ROC LEGAL RECEIVED 01/05/2024 \ ROC LEGAL Sauthwest SottiItvuest ;,. SAUU CIJTTIIVE .'L,, al 211.5 West Melinda Lane

BARRITANES ai tuttLLttv6 ,*1 / Phoenix, A285027 602.788.2222 www.swbarricades,com

To establish credit with Southwest Barricades, LLC., please provide the following information. When completed please fax to: 602.867,1155 or E-mail to: [email redacted]. Business Applicant/Company Name: A/P Contact: -mail:

Oream Houss Consiruotion & Ronovaiions LLC 317-650-2633 [email redacted] Physical Address: Billing Address:

4933 W Oesert Ln 4q?? l,t) llpop* I n City State: ztp: Crty State i zip:

Laveen ^.) HC 85339 Lavesn AZ 85339 1'elephone S: lax tl Nature of Busint:ss rype of Business: Annual Sales \/rs. in business: LLC ?17-6,aa961 Construction Sole Proprietor / Ptshlp / Corp / Govt 450,00c I

Federal lD S: SSN: (if Sole owner) Anticipated Charge Tar ExemptT [ 50m Ced]fr€ate attached? Have you ever filed bankruptcy? o't s t555tA3 4t- 3t( -YL'\OL6 ^-,-,^t/ lg,coo i\Jo Yt:S NO X

1. YFS X Do you require a purchase order number? Special billing needs? 2. YES-NONO* X Have you vou had a; previous account with Southwest Barricades? If yes, under what name? 3. YES _ NO X Have you ever done business under another name? please list name(s):

OPEN ACCOUNT CREDIT TERMS:

l. Customer authorizes Seller to obtain commercial credit reports, trade reports, and bank references to determine the extension or continuation ol credit. ) Sellerfiles preliminary lien notices and mechanic's liens when necessary, or required by law. This is company policy and not a reflection on your credit standing. 3. Customer agrees to the Seller's Terms and Conditions as stated on quotes, contracts, delivery tickets and invoices. 4. Lien Rights. Buyer shall provide to seller job information or allocation for each purchase where applicable and understands that Seller shall perfect lien rights in the event of non-payment within terms of the sale. 5. All invoices are due within 30 days from the date of the invoice. 6. At the discretion of the seller, any account with a delinquent balance may be placed on a cAsH BASIS at any time, and the equipment picked up without notice. 7. Customer agrees to pay any reasonable attorney fees, collection costs, and court costs incurred by seller in enforcing these Terms and Conditions. 8. Customer agrees to provide a Certificate of lnsurance evidencing general liability coverage and property coverage naming Southwest Barricades, LLC. as loss payee and additional insured.

The undersigned warrants that all information is correct, has read, accepted and agrees to be bound by all the terms set forth in this document and in each rental contract entered bythe undersigned or his agents, lt is understood and agreed the undersigned specifically consents to the inquiry of the applicant's credit history and may utilize credit reporting services to do so. Facsimile copies will be accepted as originals.

Please list Key contact(s) authorized and/or responsible for equipment rental and to purchase transactions.

Contact Name: 'I l:mail address: itlc Dc pa rtm ent: 0hristopher Quick Pres dent ia l3l7@l aol. c om r 0u.lner \d d res 5: 'I e ephone #: Cell phone #

4933 [,f) pesert Ln Laveen, AZ 85339 3t7-650-2633 Contact Name: Imail address Iitle: 0epa rtment:

Ad d ress: Telephone #: Cell phone #:

PaBe 1 RECEIVED 01/05/2024 ROC LEGAL

Sauiltwest BARRIf AOES Southwest 2115 West Melinda Lane Phoenix, A185027 ii.. SAW fUfTlNE fi MILLING 602.788.2222 rvwWSy!-arrulde*ll:i Owners/Officers: Na me: Christopher Quiok tt*o'3lT-92-1629 Iitle: ^ UWNOT Add ress: state & zio: Telephone H; 4933 t,tl Dessrt Ln Laveen A2,85339 ?t7-Aqa-cA2? Name SSN#: Title:

Add ress: itate & zip: Telephone $:

Name SSN#: Title:

Add ress: State & Zlp Telephone S

Bank lnformation: lnstrtution Name Accou nt d Contact Name

Branch Address: Ie ephone #: ax #

lnstltution Name: Account f :ontact Name:

Branch Addr€ss Ielepnone #: ax#

CONSENT TO OBTAIN BANK REFERENCES: Signature: Title: Trade References: Name: Contact Name: Reggio/0lumber Address +l(480) 385 8602 I

Telephone r, Lax p: Name: Contact Name Michael/flectrician Address Telephone B: axf +l(630) 656-7285 Na me: :ontact Name: Tashia/Rsaltor/ nvestor I

Add ress: Telephone #: ax #: +-rl3t7)7921549

Continuing Personal Guarantee: To induce Southwest Barricades, LLC. to enter into contracts or to extend credit to Christopher Quick , th. undersigned hereby unconditionally guarantee(s) the full and prompt payment to Southwest Barricades, LLC. when due all indebtedness, obligations, and liabilities of the customer named in the credit application, including all amounts now owing and arisinginthefutureandincludinganyinterest,attorneyfees,collectionandcourtcosts. Theundersignedagreestobe personally bound by all credit terms of this credit application. This Guarantee shall continue in force until notice in writing sent by certified mail, return receipt requested, is received by Southwest Barricades. This notice shall specify the date of termination, not to be less than seven (7) days after the notice and shall not affect any charges for transactions with the customer that were incurred prior to the termination date. Additionally, the undersigned individual who is either a principal of the credit applicant or a sole proprietor, recognize that his or her individual credit history may be a factor in the evaluation of the credit history of the applicant, hereby consents to and authorizes the use of a consumer credit report on the undersigned by the above-named business credit grantor, from time to time, as may be needed, in the credit evaluation process.

0wner Sign atu re: Title: Page 2 RECEIVED 01/05/2024 Southwest Barricades 22425 N. 16th St. Suite 1 iiiffi,il*rtt BARRIIADES arrr r, trrrrrr rrrr r r' E-!NVOICE ROC LEGAL

Phoenix, M lnvoice Date lnvolce No. 85024 602-788-2222 [number redacted] 00123359

Fax 602-867-1155 ROC # 303801/241 648 Terms: Net 30 Days

Dream House Construction Christopher Quick Job lD: 104787 4933 W Desert Ln 2740 E Sweetwater Ave Laveen, M 85339 Phoenix, AZ

Customer Customer Job No. Customer P.O. No. Perlod Covered Foreman Name / Phone# DREAM [number redacted] - 5t31t2023 Christopher 3 1 7-650-2633 Date Description From - To Qtv Days Units Price Total .--. RENTALS ----- 05116t23 1" Trench plates 6 x 10. 05/16 0s/18 6 3 18 $11 .86 $213.48 05t19t23 1" Trench plates 6 x 10 * 05/19 05/31 7 13 91 $11.86 $1,079.26 05116t23 3-way Bridle . 05/16 05/31 16 '16 $5.00 $80.00

----- SALES / ONE-TIME CHARGES ---.-.- 05t16t23 Fuel Surcharge' 1 1 $35.00 $35.00 05119123 Fuel Surcharge' 1 1 $35.00 $35.00

LABOR 05116t23 Plate MOB. 2.5 2.5 $120.00 $300.00 05t19t23 Plate MOB' 1,75 1.75 $120.00 $210.00

Note: The . indicates taxable items. EQUIPMENT RENTAL TOTAL $1,372.74 SALES/ONE.TIME CHARGES $70.00 LABOR TOTAL $510.00 Please note; a 2o/o lale payment fee per month witt SUBTOTAL $1,9s2.74 automatically be applied to all amounts not paid on time. All invoice disputes must be brought to SALES TAX (8.6%) $167.94 Southwest Barricades attention within 30 days of date TOTAL CHARGES $2,120.68 of invoice for credits to be given. PLEASE PAY THIS AMOUNT $2,120.68 Maybe subject to collection and or legal fees. *** Job Not Complete **

Southwest Banicades Page 1 is now SBE Certified RECEIVED 01/05/2024 Southwest Barricades ROC LEGAL 22425 N. 16th St. icifffrhwest BARRIIAOES E-TNVOTCE Suite 1 alrra r rtr rrr, t t r a r r, Phoenix, M lnvolce Date lnvoice No. 85024 602-788-2222 513',112023 00123360

Fax 602-867-1155 ROC # 24',t648 Terms: Net 30 Days

Dream House Construction Christopher Quick Job lD: 104882 4933 W Desert Ln 2740 E Sweetwater Ave Laveen, AZ 85339 27lh Ave & Thunderbird Rd Phoenix, M

Customer Customer Job No. Customer P.O. No. Perlod Covered Foreman Name / Phone# DREAM [number redacted] - 5t31t2023 Christopher 31 7-650-2633 Date Descriptlon From - To otv Days Unlts Price Total -___ RENTALS _______ 05t16t23 Vertical Panel ' 05/16 05/31 10 16 160 $0.40 $64.00 05t16t23 Vertical Panel ( Center ) * 05/16 05/31 4 16 64 $0.40 $25.60 05t16t23 Type I Banicade * 05/16 05/31 4 16 il $0.53 $3s.92 05t17t23 Type A Flasher. 05t17 05t31 5 15 75 $0.32 $24.00 05117t23 Type C Steady Burn . 05117 05t31 5 15 75 $0.40 $30.00 o5t16t23 Small Sign' 05/16 05/18 2 3 6 $0.60 $3.60 05t19t23 Small Sign - 05/19 05/31 6 13 78 $0.60 $46.80 05t16t23 Medium Sign * 05/16 05/31 16 16 256 $0.7s $192.00 05116t23 Sign Stand' 05/16 05/'18 18 3 54 $0.60 $32.40 05t19t23 Sign Stand . 05/19 05/31 22 't3 286 $0.60 $171.60 05t16t23 Hi-Level Flagtree . 05/16 05/31 2 16 32 $2.50 $80.00 05t16t23 Handheld Radio . 05/16 05/31 2 16 32 $5.00 $160.00 05t16t23 Stop/Slow Paddles' 05/16 05/3'l 2 16 32 $s.00 $160.00

------- SALES / ONE-TIME CHARGES -...--- 05116t23 Sand Bags * 36 36 $2.00 $72.00 05t19t23 Sand Bags * 8 8 $2.00 $16.00 o5116123 Flags with Dowels' 24 24 $3.00 $72,00

Page 1 Customer : Dream House Construction - Job lD: 104882 - lnvoice# 00123360 (cont.) RECEIVED 01/05/2024 Date Description From - To atv Days Units Price Total ROC LEGAL LABOR 05116t23 1 Man 1 Truck On Site Time * 2.25 2.25 $75.00 $168.75 05116123 1 Man 1 Truck On Site Time - 2.25 2.25 $75.00 $168.75 05t17t23 't Man 1 Truck On Site Time * 2.25 2.25 $75.00 $168.75 05t17t23 1 Man 1 Truck On Site Time * 2.25 2.25 $75.00 $168.75 05117123 1 Man 1 Truck On Site Time * 2 2 $75.00 $150.00 05118t23 1 Man 1 Truck On Site Time * 2.25 2.25 $75.00 $168.75 05t18t23 1 Man 1 Truck On Site Time' 2,25 2.25 $7s.00 $168.75 05119t23 1 Man 1 Truck On Site Time * 2.25 2.25 $7s.00 $168.75 05t19t23 1 Man 1 Truck On Site Time . 2.25 2.25 $75.00 $168.75 05119t23 1 Man 1 Truck On Site Time ' 2.25 2.25 $7s.00 $168.75 05125123 1 Man 1 Truck On Site Time' 2.25 2.25 $75.00 $168.75 05125t23 2 Men 1 Truck On Site Time. 2.25 2.25 $110.00 $247.50 o5116123 Flagger (per hour) . 05/16 05/16 22.5 22.5 $s1.00 $1 ,147.50 - 05117123 Flagger (per hour) 05117 05t17 22.5 22.5 $s1.00 $1,147.50 o5118t23 Flagger (per hour)' 05/18 05/18 21 21 $51.00 $1,071.00 05t19t23 Flagger (per hour)' 05/19 05/19 16 16 $51.00 $816.00 05125t23 Flagger (per hour) * 05125 05t25 8 ,l $51.00 $408.00

Note: The' indicates taxable items. EQUIPMENT RENTAL TOTAL $1,023.92 SALES/ON E.TIM E CHARGES $160.00 LABOR TOTAL $6,675.00 Please note; a 2oh late payment fee per month will SUBTOTAL $7,858.92 automatically be applied to all amounts not paid on time. All invoice disputes must be brought to SALES TAX (8.6%) $675.87 Southwest Barricades attention within 30 days of date TOTAL CHARGES $8,s34.79 of invoice for credits to be given. PLEASE PAY THIS AMOUNT $8,s34.79 Maybe subject to collection and or legal fees. *'* Job Not Complete "*

Southwesl Banicades Page 2 is now SBE Certified RECEIVED 01/05/2024 Southwest Barricades 22425 N. 16th St. Suite 1 iiiffi,h,.*rt EARRITADES arrr r rtaa rrrr rrr r, t, E.INVOICE ROC LEGAL

!nvoice Date lnvoice No. Phoenix, M 85024 [number redacted] 00123839 602-788-2222 Fax 602-867-1155 ROC # 241648 Terms: Net 30 Days

Dream House Construction Christopher Quick Job lD: '104882 4933 W Desert Ln 2740 E Sweetwater Ave Laveen, M 85339 27th Ave & Thunderbird Rd Phoenix, AZ

Customer Customer Job No. Customer P.O. No. Period Covered Foreman Name / Phone# DREAM 61112023 - 618t2023 Christopher 31 7-650-2633 Date Descrlption From - To otv Days Units Price Total .- RENTALS 06t01t23 Vertical Panel . 06/01 06/08 10 8 80 $0.40 $32.00 . 06to1t23 Vertical Panel ( Center ) 06/01 06/08 4 I 32 $0.40 $12.80 06t01t23 Type I Banicade' 06/01 06/08 4 8 32 $0.53 $16.96 06t01t23 Type A Flasher. 06/01 06/08 5 I 40 $0.32 $12.80 06t01t23 Type C Steady Burn * 06/01 06/08 5 8 40 $0.40 $16.00 06t01t23 Small Sign - 06/01 06/08 6 I 48 $0.60 $28.80 06101t23 Medium Sign' 06/01 06/08 16 8 128 $0.75 $96.00 06t01t23 Sign Stand . 06/01 06/08 22 8 176 $0.60 $10s.60 06101123 Hi-Level Flagtree. 06/01 06/08 2 8 16 $2.50 $40.00 06t01t23 Handheld Radio . 06/01 06/08 2 I 16 $5.00 $80.00 06to1t23 Stop/Slow Paddles. 06/01 06/08 2 I 16 $5.00 $80.00

--- LABOR 06101t23 1 Man 1 Truck On Site Time' 2,25 2.25 $7s.00 $168.75 06t01t23 1 Man 1 Truck On Site Time - 2.25 2.25 $75.00 $168.75 06t02t23 1 Man 1 Truck On Site Time . 2.25 2.25 $75.00 $168.75 06t02t23 1 Man 1 Truck On Site Time. 2.25 2.25 $75.00 $168.75 06t05t23 1 Man 1 Truck On Site Time. 2.25 2.25 $75.00 $168.75 06t05t23 1 Man 1 Truck On Site Time - 2.25 2.25 $75.00 $168.75 06/06/23 1 Man 1 Truck On Site Time. 2.25 2.25 $7s.00 $168.75 06/08/23 1 Man 1 Truck On Site Time' 7.75 7.75 $75.00 $581.25

Page 1 Customer : Dream House Gonstruction - Job !D: 104882 - lnvoice# 00123839 (cont.) RECEIVED 01/05/2024 Date Description From - To otv Days Units Price Total ROC LEGAL LABOR 06101123 Flagger (per hour) ' 06/01 06/01 13 1 13 $51.00 $663.00 06lo2l23 Flagger (per hour)' 06/02 06/02 14.5 14,5 $51.00 $739.50 06t05t23 Flagger (per hour)' 06/05 06/05 13.5 13.5 $51.00 $688.50 06/06/23 Flagger (per hour)' 06/06 06/06 8 1 I $s1.00 $408.00 06/08/23 Flagger (per hour)' 06/08 06/08 12 12 $s1.00 $612.00

Note: The 'indicates taxable items. EQUIPMENT RENTAL TOTAL $520.96 SALES/ON E.TI M E GHARGES $0.00 LABOR TOTAL $4,873.s0 Please note; a 2Yo late payment fee per month wilt SUBTOTAL $s,394.46 automatically be applied to all amounts not paid on time. All invoice disputes must be brought to SALES TAX (8.6%) $463.92 Southwest Barricades attention within 30 days of date TOTAL CHARGES $5,858.38 of invoice for credits to be given. PLEASE PAY THIS AMOUNT $5,858.38 Maybe subject to collection and or legal fees. *** Job Complete *

Southwest Banicades Page 2 is now SBE Certified RECEIVED 01/05/2024 Southwest Barricades ROC LEGAL 22425 N. 16th St. iiiffi,hm,esit E.INVO!CE Suite 1 Phoenix, M 85024 !nvoice Date lnvoice No.

602-788-2222 6122;/2023 00123883 Fax 602-867-1155 ROC # 303801/241648 Terms: Net 30 Days

Dream House Construction Christopher Quick Job lD: 104787 4933 W Desert Ln 2740 E Sweetwater Ave Laveen, M 85339 Phoenix, AZ

Customer Customer Job No. Customer P.O. No. Period Govered Foreman Name / Phone# DREAM 61112023 - 6t15t2023 Christopher 31 7-650-2633 Date Descriptlon From -To Qtv Days Units Price Total ---- RENTALS _----- 1" Trench plates 6 x 10 * 06101t23 06/01 06/08 7 I 56 $11 .86 $664.16 06/09/23 l" Trench plates 6 x 10 * 06/09 06/15 1 7 7 $11.86 $83.02 06t01t23 3-way Bridle * 06/01 06/15 15 15 $s.00 $75.00 06115123 Bridle Buy Out' I 1 $450.00 $450.00

LABOR 06/08/23 Plate MOB t 2.5 2.5 $120.00 $300.00 06t15t23 Plate MOB - 2.5 2.5 $ 120.00 $300.00

Note: The . indicates taxable items. EQUIPMENT RENTAL TOTAL $1,272.18 Bridle was not returned. We called Christopher he totd SALES/ONE-TIME CHARGES $0.00 us where to find it. When we arrived back onsite we LABOR TOTAL $600.00 were told the shoring company took everything. We contacted TSR and they said they would took for it. We SUBTOTAL $1,872.18 have not heard back from them and a processing the buy out. Please note; a 2o/o lale payment fee per month wil! SALES TAX (8.6%) $161.01 automatically be applied to a!! amounts not paid on TOTAL CHARGES $2,033.19 time. All invoice disputes must be brought to Southwest Barricades attention within 30 days of date PLEASE PAY THIS AMOUNT $2,033.19 of invoice for credits to be given.

Maybe subject to collection and or legal fees, *** Job Complete *n

Southwest Banicades Page 1 is now SBE Certified 1/11/24, 9:31 AM State of Arizona Mail - Complaint No. 2024-00155

Legal New Mail - AZROC <[email redacted]>

Complaint No. 2024-00155 messages

Christopher Quick <[email redacted]> Tue, Jan 9, 2024 at 12:04 PM To: [email redacted]

Hello I just received this complaint can you tell me what happens next in this project???

Legal New Mail - AZROC <[email redacted]> Thu, Jan 11, 2024 at 9:31 AM To: Christopher Quick <[email redacted]>

Good morning. You must file a response to the complaint no later than January 16, 2024. If you do not file a response, a citation may be issued against you. At that time you will need to file an answer and a hearing will be held before the Office of Administrative Hearings to determine if the amount owed in the complaint is owed. If you have any further questions, please call our office and ask to speak to the Legal Department.

Thank you,

Arizona Registrar of Contractors Legal Department

Fill out AZ ROC’s survey to let us know how we’re doing and how we can better serve you!

[Quoted text hidden]

https://mail.google.com/mail/b/AEoRXRQ8D2rJyzpQf4ny_IYzRNqRcwIX-AGOke1sNMR9HLrch7SX/u/0/?ik=d3afebeda9&view=pt&search=all&permth… 1/1 RECEIVED 01/17/2024 ROC LEGAL Katelyn Rolling <[email redacted]>

ROC Notice of No-Pay Complaint 2024-00155 - DO NOT REPLY messages

Katelyn Rolling <[email redacted]> Tue, Jan 9, 2024 at 9:51 AM Bcc: [email redacted], [email redacted], [email redacted]

Hello,

Attached, please find an electronic courtesy copy of the Notice of No-Pay Complaint issued in Complaint No. 2024-00155. This document was also sent to your attention via US Mail.

Please do not reply directly to this email. Any reply or response should be addressed to [email redacted].

Katelyn Rolling Legal Assistant II Arizona Registrar of Contractors 1700 W Washington St Ste 105 Phoenix, AZ 85007 (602) 542-1525

20240109 Notice of No-Pay Complaint MAILED 2024-00155.pdf 675K

Christopher Quick <[email redacted]> Wed, Jan 17, 2024 at 9:53 AM To: Katelyn Rolling <[email redacted]>

Dear Ms. Rolling,

I am writing in response to Complaint No. 2024-00155 filed against Dream House Construction & Renovations LLC for non-payment of materials or services rendered.

While we understand the complainant's frustration with not receiving payment, I must explain that we did not have the capacity to pay due to non-payment by the homeowner, Kirk Demundo Simms. Mr. Simms still owes Dream House Construction over $60,000 for the completion of work at 2740 E Sweetwater Ave Phoenix, AZ 85032.

We installed a new sewer line for Mr. Simms, who only paid the initial deposit and claimed the remainder would be paid from loan funds upon job completion. However, those funds were never received despite our repeated attempts to collect payment over several months. Mr. Simms claims the lender reneged on their commitment, but that he fully intends to satisfy the outstanding balance himself.

As a new contractor, I regret not being aware of lien filing deadlines to secure our payment. By the time I attempted to start that process, the window had closed. I am now dependent on Mr. Simms fulfilling his obligation.

It is certainly not our intention to not pay suppliers and contractors. However, without receiving final payment from the homeowner, we unfortunately do not have the means. I hope this explanation provides clarity and resolution can be found. Please let me know if any other information could be helpful.

Thank you for your understanding. I remain available if needed further on this matter. I’ve attached our text thread over that last 6 months to support my claim

Sincerely,

Christopher Quick Dream House Construction & Renovations LLC RECEIVED 01/17/2024 ROC LEGAL RECEIVED 01/17/2024 ROC LEGAL RECEIVED 01/17/2024 ROC LEGAL RECEIVED 01/17/2024 ROC LEGAL RECEIVED 01/17/2024 ROC LEGAL RECEIVED 01/17/2024 ROC LEGAL RECEIVED 01/17/2024 ROC LEGAL RECEIVED 01/17/2024 ROC LEGAL RECEIVED 01/17/2024 ROC LEGAL RECEIVED 01/17/2024 ROC LEGAL RECEIVED 01/17/2024 ROC LEGAL RECEIVED 01/17/2024 ROC LEGAL RECEIVED 01/17/2024 ROC LEGAL RECEIVED 01/17/2024 ROC LEGAL RECEIVED 01/17/2024 ROC LEGAL RECEIVED 01/17/2024 ROC LEGAL RECEIVED 01/17/2024 ROC LEGAL RECEIVED 01/17/2024 ROC LEGAL RECEIVED 01/17/2024 ROC LEGAL RECEIVED 01/17/2024 ROC LEGAL RECEIVED 01/17/2024 ROC LEGAL RECEIVED 01/17/2024 ROC LEGAL RECEIVED 01/17/2024 ROC LEGAL RECEIVED 01/17/2024 ROC LEGAL RECEIVED 01/17/2024 ROC LEGAL RECEIVED 01/17/2024 ROC LEGAL RECEIVED 01/17/2024 ROC LEGAL RECEIVED 01/17/2024 ROC LEGAL RECEIVED 01/17/2024 ROC LEGAL RECEIVED 01/17/2024 ROC LEGAL

On Jan 9, 2024, at 9:51 AM, Katelyn Rolling <[email redacted]> wrote:

[Quoted text hidden] <20240109 Notice of No-Pay Complaint MAILED 2024-00155.pdf> RECEIVED 01/17/2024 ROC LEGAL Katelyn Rolling <[email redacted]>

Fwd: ROC Notice of No-Pay Complaint 2024-00155 message

Christopher Quick <[email redacted]> To: [email redacted] Cc: Katelyn Rolling <[email redacted]>

Begin forwarded message:

From: Christopher Quick <[email redacted]> Date: January 17, 2024 at 9:53:30 AM MST To: Katelyn Rolling <[email redacted]> Subject: Re: ROC Notice of No-Pay Complaint 2024-00155 - DO NOT REPLY

Dear Ms. Rolling,

I am writing in response to Complaint No. 2024-00155 filed against Dream House Construction & Renovations LLC for non-payment of materials or services rendered.

While we understand the complainant's frustration with not receiving payment, I must explain that we did not have the capacity to pay due to non-payment by the homeowner, Kirk Dem Dream House Construction over $60,000 for the completion of work at 2740 E Sweetwater Ave Phoenix, AZ 85032.

We installed a new sewer line for Mr. Simms, who only paid the initial deposit and claimed the remainder would be paid from loan funds upon job completion. However, those funds wer attempts to collect payment over several months. Mr. Simms claims the lender reneged on their commitment, but that he fully intends to satisfy the outstanding balance himself.

As a new contractor, I regret not being aware of lien filing deadlines to secure our payment. By the time I attempted to start that process, the window had closed. I am now dependent o

It is certainly not our intention to not pay suppliers and contractors. However, without receiving final payment from the homeowner, we unfortunately do not have the means. I hope this resolution can be found. Please let me know if any other information could be helpful.

Thank you for your understanding. I remain available if needed further on this matter. I’ve attached our text thread over that last 6 months to support my claim

Sincerely,

Christopher Quick Dream House Construction & Renovations LLC RECEIVED 01/17/2024 ROC LEGAL RECEIVED 01/17/2024 ROC LEGAL

image18.png image19.png image20.png image21.png image22.png image23.jpeg image24.jpeg image25.png image26.jpeg image27.jpeg

On Jan 9, 2024, at 9:51 AM, Katelyn Rolling <[email redacted]> wrote:

Hello, RECEIVED 01/17/2024 Attached, please find an electronic courtesy copy of the Notice of No-Pay Complaint issued in Complaint No. 2024-00155. This document was also sent to your attention via US ROC LEGAL Please do not reply directly to this email. Any reply or response should be addressed to [email redacted].

Katelyn Rolling Legal Assistant II Arizona Registrar of Contractors 1700 W Washington St Ste 105 Phoenix, AZ 85007 (602) 542-1525

<20240109 Notice of No-Pay Complaint MAILED 2024-00155.pdf> RECEIVED 01/17/2024 ROC LEGAL Katelyn Rolling <[email redacted]>

Re: ROC Notice of No-Pay Complaint 2024-00155 - DO NOT REPLY message

Christopher Quick <[email redacted]> Wed, Jan 17, 2024 at 10:18 AM To: [email redacted] Cc: Katelyn Rolling <[email redacted]>

Dear Ms. Rolling,

I am writing in response to Complaint No. 2024-00155 filed against Dream House Construction & Renovations LLC for non-payment of materials or services rendered.

Thank you for your understanding. I remain available if needed further on this matter. I’ve attached our text thread over that last 6 months to support my claim

Sincerely,

Christopher Quick Dream House Construction & Renovations LLC

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image19.jpeg 643K RECEIVED 01/17/2024 ROC LEGAL RECEIVED 01/17/2024 ROC LEGAL RECEIVED 01/17/2024 ROC LEGAL RECEIVED 01/17/2024 ROC LEGAL RECEIVED 01/17/2024 ROC LEGAL RECEIVED 01/17/2024 ROC LEGAL RECEIVED 01/17/2024 ROC LEGAL RECEIVED 01/17/2024 ROC LEGAL RECEIVED 01/17/2024 ROC LEGAL RECEIVED 01/17/2024 ROC LEGAL REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Southwest Barricades LLC, Case No. 2024-00155 COMPLAINANT, v.

Dream House Construction & Renovations LLC, CITATION License No. ROC 342522,

RESPONDENT.

The Registrar issues this Citation to Dream House Construction & Renovations LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by February 22, 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 January 5, 2024, Southwest Barricades LLC (“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)(10) Failure by a licensee or agent or official of a licensee to pay monies in excess of $750 when due for materials or services rendered in connection with the licensee’s

of 5 1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 operations as a contractor unless the licensee proves that the licensee lacks the capacity to pay and has not received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased. If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(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. 2024-00155. 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 February 22, 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

of 5 1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 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). 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).

of 5 1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated February 7, 2024. By: /s/ Margaret Lindsey Margaret Lindsey Assistant General Counsel Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, February 7, 2024 to: Respondent Certified Mail No: [number redacted] Dream House Construction & Renovations LLC 4933 W Desert Ln Laveen, AZ 85339

/// ///

of 5 1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Copy mailed by USPS First Class Mail this same date to: Respondent Dream House Construction & Renovations LLC 4933 W Desert Ln Laveen, AZ 85339 Complainant Southwest Barricades LLC 22425 N 16th St Ste 1 Phoenix, AZ 85024 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. 2024-00155 / KR

of 5 1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 RECEIVED 01/05/2024 ROC LEGAL Non-Payment Complaint Form Departmental Use Only Complaint Number: Mail to: Registrar of Contractors 2024-00155 P.O. Box 18243 Phoenix, AZ 85005-8243