ALJDEC - Licensing
2024A-00237-CHC-ROC · Registrar of Contractors · 2024-06-28
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
William Redding,
COMPLAINANT,
v.
The Villalpando Corporation, Inc.
DBA: Villalpando Custom Homes Builders
License No. ROC 195458,
RESPONDENT.
No. 2024A-00237-CHC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: June 20, 2024
APPEARANCES: Complainant William Redding appeared on his own behalf. Arizona Registrar of Contractors Investigator Doug Barrett appeared as a witness. Respondent The Villalpando Corporation, Inc., doing business as Villalpando Custom Homes Builders, failed to appear.
ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella
EXHIBITS ADMITTED INTO EVIDENCE: None; Administrative Notice taken of Agency Record.
FINDINGS OF FACT
The Villalpando Corporation, Inc., doing business as Villalpando Custom Homes Builders (“Respondent”), is the holder of License Number 195458 issued by the Arizona Registrar of Contractors (“Registrar”).
On or about August 24, 2018, William Redding (“Complainant”) contracted with Respondent for Respondent to construct Complainant’s home.
On or about January 8, 2024, the Registrar received a Complaint against Respondent from Complainant alleging poor work and abandonment with respect to the project.
The Registrar assigned the Complaint to Investigator Doug Barrett. After a March 4, 2024 Jobsite Inspection, at which both parties were present, Investigator Barrett issued a Written Directive to Respondent dated March 4, 2024, that provided as follows:
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 Friday, March 29, 2024.
You are directed to remedy the following violations by the appropriate means:
Compliance Item: 1 - East, West and Master bath/bedroom plumbing unfinished. Clean-out pipe needs cut and capped.
Investigator’s Observation: Verified. I observed the plumbing/fixtures incomplete in the master bath to include the shower and tub. The east and west bathrooms were completed prior to this inspection. Contractor should correct by appropriate means.
Compliance Item: 2 - East bedroom window installed incorrectly. Will not open and close properly.
Investigator’s Observation: Verified. I observed the right window in the east bedroom and it would not function properly to include locking. Contractor should correct by appropriate means.
Compliance Item: 3 - Master bath window installed incorrectly. Window pane should be translucent.
Investigator’s Observation: Verified. I observed a clear window in the master bathroom that is supposed to be privacy glass. The Respondent stated the window was installed temporarily and a new one is on order. Contractor should correct by appropriate means.
Compliance Item: 6 - Electrical switches installed poorly/incomplete in multiple rooms.
Investigator’s Observation: Verified. I observed several electrical switches/outlets throughout the home that did not have cover plates and were not secure. Contractor should correct by appropriate means.
Compliance Item: 7 - Holes in stucco created to correct incorrectly wired porch lights never fixed.
Investigator’s Observation: Verified. I observed four stucco patches that need painted inside the entrance to the courtyard. I also observed two other holes/chunks in the stucco that need repaired. Contractor should correct by appropriate means.
Compliance Item: 8 - Dining room fireplace incorrectly installed, fire box should be flush. Drywall around booth fireplaces unfinished.
Investigator’s Observation: Verified. I observed the fireplace in the dining room and great room. Both fireplaces were not completed and had exposed framing. The dining room fireplace also needed a mantle installed. Contractor should correct/complete the fireplaces by appropriate means per the contract.
Compliance Item: 9 - Back patio ceiling, drywall tape between house and ceiling is cracked.
Investigator’s Observation: Verified. I observed several cracks and repair attempts on the back patio ceiling. Contractor should correct by appropriate means.
Compliance Item: 10 - Hanging lights above kitchen island never installed.
Investigator’s Observation: Verified. I observed holes cut in the kitchen ceiling for three lights but no electrical or lights installed. Contractor should correct by appropriate means.
Compliance Item: 11 - Under and upper cabinets lights never installed.
Investigator’s Observation: Verified. I observed the kitchen cabinets and there was wiring present for under and upper lights but the lighting was not installed. Contractor should correct by appropriate means.
Compliance Item: 15 - Electrical subpanel box in garage needs front cover.
Investigator’s Observation: Verified. I observed the subpanel in the garage and there was no cover, leaving all circuits exposed. Contractor should correct by appropriate means.
Compliance Item: 16 - East air conditioner makes squealing noise.
Investigator’s Observation: Verified. I observed the return for the east HVAC and there was no filter installed allowing the air handler fan to be heard. Contractor should correct by appropriate means.
Compliance Item: 17 - Window screens damaged during construction need to be replaced.
Investigator’s Observation: Verified. I observed a screen outside the master bedroom and outside the garage that were damaged. There were also several screens with construction debris on them. Contractor should correct by appropriate means.
Compliance Item: 18 - Attic access covers need to be installed correctly and painted.
Investigator’s Observation: Verified. I observed one of the access points and there was no finish trim installed. Contractor should correct by appropriate means.
Compliance Item: 19 - Backyard drainage from courtyard needs to be completed.
Investigator’s Observation: Verified. I observed a drain ran to the back yard for the courtyard that appeared incomplete. Contractor should verify with the Maricopa County Building Official and correct as needed.
Compliance Item: 21 - Laundry room sink valves and fixture needs to be installed.
Investigator’s Observation: Verified. I observed the laundry room sink and the P-trap was not installed. Contractor should correct by appropriate means.
Compliance Item: 22 - Missing block of wood in eves by front door. Missing screen hole covering in eve block at garage.
Investigator’s Observation: Verified. I observed missing bird block to the right of the front door. I observed missing/damaged bird block at the garage. Contractor should correct by appropriate means.
Compliance Item: 23 - Medicine cabinets need to be installed in three bathrooms.
Investigator’s Observation: Verified. I observed cutouts in the walls for the medicine cabinets but no cabinets installed in the bathrooms. Contractor should correct by appropriate means.
Compliance Item: 24 - Install or correct remaining door knobs and pulls. Lever handles should face the same direction.
Investigator’s Observation: Verified. I observed missing hardware for the pocket doors in the east and west bedrooms. There is missing hardware at the dining room closet doors. I observed the door knobs throughout and they were installed in different directions. Contractor should correct by appropriate means.
Compliance Item: 25 - Clean/repair front door from construction damage.
Investigator’s Observation: Verified. I observed the front door and there was paint overspray and construction debris on it all over. Contractor should correct by appropriate means.
Compliance Item: 26 - Remove wood flooring in mini-fridge openings installed in error.
Investigator’s Observation: Verified. I observed the mini-fridge nooks in the kitchen and they had flooring installed. This is preventing the appliance from being installed as it is too high. Contractor should correct by appropriate means.
Compliance Item: 27 - Install shelves in linen closet and hanger bar.
Investigator’s Observation: Verified. I observed the master linen closet and there was no shelf or hanging rod installed. Contractor should correct by appropriate means.
Compliance Item: 28 - Fix vent above master bathroom toilet.
Investigator’s Observation: Verified. I observed the exhaust fan in the mast bathroom toilet room and it was non-functional. Contractor should correct by appropriate means.
Compliance Item: 29 - Front false drawer panels need to be installed in master bathroom vanity.
Investigator’s Observation: Verified. I observed the master bathroom vanity and the false fronts were not installed. Contractor should correct by appropriate means.
Compliance Item: 30 - Install kick plates for kitchen.
Investigator’s Observation: Verified. I observed the kitchen cabinets and the finish kick plates were not installed. Contractor should correct by appropriate means.
Compliance Item: 31 - Half bath walls need to be repaired and repainted.
Investigator’s Observation: Verified. I observed the half bath and there were several divots/dents and paint drips on the walls. Contractor should correct by appropriate means.
Compliance Item: 33 - Construction damage to courtyard paint and stain needs to be corrected.
Investigator’s Observation: Verified. I observed a stained beam in the front entry and there was damage/paint on it. Contractor should correct by appropriate means.
ITEMS NOT REQUIRING CORRECTION
The following complaint items require no action by the Respondent:
Compliance Item: 4 - Master closet door installed incorrectly.
Investigator’s Observation: Unverified. This item was corrected prior to this inspection.
Compliance Item: 5 - Ceiling keeps cracking at drywall seams. Re-mudded 3 times.
Investigator’s Observation: Unverified. This item was corrected prior to this inspection.
Compliance Item: 12 - East and west bathrooms and bedrooms need repainting from repairs.
Investigator’s Observation: Unverified. This item was corrected prior to this inspection.
Compliance Item: 13 - Smoke alarms removed during prior repairs need to be reinstalled.
Investigator’s Observation: Unverified. This item was corrected prior to this inspection.
Compliance Item: 14 - Kitchen and great room repainting after repairs needs to be finished.
Investigator’s Observation: Unverified. This item was corrected prior to this inspection.
Compliance Item: 20 - Shower enclosure glass needs to be installed.
Investigator’s Observation: Unverified. This item is to be provided by the Complainant and is not on site.
Compliance Item: 32 - Exterior trim needs sanding and painting.
Investigator’s Observation: Unverified. This item refers to the fascia and the wood texture. The installed fascia is correct and the texture is a characteristic of the wood.
Compliance Item: 34 - Cracks in garage floor need to be fixed.
Investigator’s Observation: Unverified. I observed cracking in the garage slab that were about 1/16", which is less than the allowable 3/32". No correction required.
Compliance Item: 35 - Cracks in exterior stucco need to be fixed.
Investigator’s Observation: Unverified. I observed one crack pointed out by the Complainant at the base of the garage door opening. The crack measured less than the allowable 1/16", no correction required.
All errors in original.
On April 2, 2024, Investigator Barrett conducted a Compliance Inspection at which both parties were present. Investigator Barrett’s Compliance Jobsite Inspection Notes indicate the following in relevant part:
Compliance Jobsite General Notes: Both the complainant and the respondent were present for the inspection. The respondent was actively working on items during the inspection. There are eight items that have not been completed.
Compliance Item: 3 - Master bath window installed incorrectly. Window pane should be translucent.
Investigator’s Observation: Verified. I observed a clear window in the master bathroom that is supposed to be privacy glass. The Respondent stated the window was installed temporarily and a new one is on order. Contractor should correct by appropriate means.
*This item has not been corrected.
Compliance Item: 6 - Electrical switches installed poorly/incomplete in multiple rooms.
Investigator’s Observation: Verified. I observed several electrical switches/outlets throughout the home that did not have cover plates and were not secure. Contractor should correct by appropriate means.
*The following were not corrected: Two switch plates in the laundry room, one cracked and one missing screws. Switch plate in the east bathroom cracked. Three switches to the left of the slider in the kitchen are slanted.
Compliance Item: 8 - Dining room fireplace incorrectly installed, fire box should be flush. Drywall around booth fireplaces unfinished.
Investigator’s Observation: Verified. I observed the fireplace in the dining room and great room. Both fireplaces were not completed and had exposed framing. The dining room fireplace also needed a mantle installed. Contractor should correct/complete the fireplaces by appropriate means per the contract.
*The following were not corrected: The dining room fireplace was missing an insert/panel at the bottom of the unit and there were three open junction boxes without fixtures installed. The complainant stated to remove the mantel. The living room fireplace was missing a panel above the unit and had unfinished electrical junction boxes.
Compliance Item: 9 - Back patio ceiling, drywall tape between house and ceiling is cracked.
Investigator’s Observation: Verified. I observed several cracks and repair attempts on the back patio ceiling. Contractor should correct by appropriate means.
*The following were not corrected: The seam where the ceiling meets the wall is very rough and chunky with tape visible.
Compliance Item: 15 - Electrical subpanel box in garage needs front cover.
Investigator’s Observation: Verified. I observed the subpanel in the garage and there was no cover, leaving all circuits exposed. Contractor should correct by appropriate means.
*This item has not been corrected.
Compliance Item: 24 - Install or correct remaining door knobs and pulls. Lever handles should face the same direction.
Investigator’s Observation: Verified. I observed missing hardware for the pocket doors in the east and west bedrooms. There is missing hardware at the dining room closet doors. I observed the door knobs throughout and they were installed in different directions. Contractor should correct by appropriate means.
*The following were not corrected: There were still several door knobs flipped in different directions and one was missing from the west bedroom closet door.
Compliance Item: 25 - Clean/repair front door from construction damage.
Investigator’s Observation: Verified. I observed the front door and there was paint overspray and construction debris on it all over. Contractor should correct by appropriate means.
*This item was not corrected. There was splotchy paint touch up on the door that did not match and the inside left handle was damaged.
Compliance Item: 29 - Front false drawer panels need to be installed in master bathroom vanity.
Investigator’s Observation: Verified. I observed the master bathroom vanity and the false fronts were not installed. Contractor should correct by appropriate means.
*This item has not been corrected.
All errors in original.
Thereafter, Investigator Barrett forwarded the matter to the Registrar’s Legal Department. The Registrar issued a Citation against Respondent charging possible violations of A.R.S. § 32-1154(A)(3), namely A.A.C. R4-9-108(a), and A.R.S. § 32-1154(A)(22).
The Registrar referred the matter to the Office of Administrative Hearings, an independent State agency, for an evidentiary hearing.
On May 15, 2024, the Registrar issued to the parties at their respective mailing and email addresses of record, the Notice of Hearing that advised the parties of the hearing date and time of June 20, 2024, at 9:00 a.m. The Notice of Hearing further advised that a separate Order would issue from the Office of Administrative Hearings with a Google Meet link and instructions regarding how to join the hearing by video or phone.
On May 16, 2024, the Tribunal issued to the parties at their respective email addresses of record, an Order Setting Hearing Via Google Meet. The Order contained a Google Meet link to join the hearing by video or by telephone, along with instructions.
On the date and at the time set for hearing, Complainant appeared on his own behalf. Investigator Barrett appeared as a witness. Respondent did not appear through an authorized member, employee, or attorney. Respondent did not request that the hearing be continued. Because Respondent failed to appear, Respondent did not present any evidence to defend its license.
Investigator Barrett testified consistently with his findings contained in the Written Directive and the Compliance Jobsite Inspection Notes.
Complainant disagreed with two of Investigator Barrett’s findings. Specifically, with regard to Complaint Item Number 2, East bedroom window installed incorrectly, Investigator Barrett testified that the window opens and closes. Complainant testified that after Respondent performed corrective work to the window, the window now “comes out of the frame.” Investigator Barrett acknowledged that further damage could have been caused by Respondent during the corrective work process that was not readily apparent at the Compliance Jobsite Inspection.
Regarding Complaint Item Number 31, half bath walls need to be repaired and repainted, Complainant explained that at the time of the Compliance Inspection, Respondent had performed some corrective work. Following the Compliance Inspection, Respondent attempted once again to perform repair work which resulted in paint build-up and “striping.” Investigator Barrett testified that if Respondent performed additional work after the Compliance Inspection resulting in a change to the condition of the paint as explained by Complainant, corrective work would still be required.
Complainant testified that he agreed with all of Investigator Barrett’s other findings with the exception of Complaint Item Numbers 2 and 31 as set forth above, and that as of the hearing date, only three items of Complaint remain to be repaired, including Complaint Item Numbers 2 and 31 and Complaint Item Number 8.
Administrative notice is taken of Respondent’s prior License record on June 28, 2024. Such prior License record reflects that Respondent’s License Number 195458 was first issued on May 4, 2004, and is active. Such prior License record also reflects that there are two open complaints including the instant Complaint, two resolved/settled complaints, and no discipline against Respondent’s license.
CONCLUSIONS OF LAW
This matter lies within the Registrar’s jurisdiction.
Complainant bears the burden of proof to establish Respondent’s statutory violations by a preponderance of the evidence. “A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.”
The evidence established that Respondent’s work was not in conformity with the Registrar’s standards. Therefore, Complainant established that Respondent did not complete the project in a workmanlike manner in violation of A.R.S. § 32-1154(A)(3), namely A.A.C. R4-9-108(a).
The evidence established that Respondent did not complete the corrective work following the Written Directive being issued and that valid justification for such failure did not exist. Therefore, Complainant established that Respondent failed to take appropriate corrective action following a Written Directive from the Registrar in violation of A.R.S. § 32-1154(A)(22).
RECOMMENDED ORDER
Based on the foregoing, it is recommended that on the effective date of the Order, the Registrar shall suspend Respondent’s License Number 195458 for a period of three (3) days.
It is further recommended that the Registrar require Respondent to pay the sum of $500.00 as a civil penalty pursuant to A.R.S. § 32-1154(E).
It is further recommended that if Respondent fails to pay the entire amount of the civil penalty on or before thirty (30) days following the effective date of the Registrar’s final order, the Registrar revoke Respondent’s license, effective on such deadline date. No future license shall be issued to any entity consisting of persons associated with Respondent, as defined in A.R.S. § 32-1101(A)(7), unless Respondent tenders payment of any outstanding prior civil penalty.
Pursuant to A.R.S. § 41-1092.08(I), the licensee may accept the Administrative Law Judge Decision by advising the Office of Administrative Hearings in writing not more than ten (10) days after receiving the decision. If the licensee accepts the Administrative Law Judge Decision, the decision shall be certified as the final decision by the Office of Administrative Hearings.
In the event of certification of the Administrative Law Judge Decision by the Director of the Office of Administrative Hearings, the effective date of the Order will be forty (40) days from the date of that certification.
Done this day, June 28, 2024.
/s/ Sondra J. Vanella
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Tom Cole, Director
Registrar of Contractors
Doug Barrett
[email redacted]
William Redding
[email redacted]
The Villalpando Corporation, Inc.
DBA: Villalpando Custom Homes Builders
[email redacted]
By: OAH Staff