2024A-00653-NPC-ROC Notice of Hearing and Packet MAILED

2024A-00653-NPC-ROC · Registrar of Contractors · 2024-03-28

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

J & S Demolition And Hauling Services LLC, Case No. 2024-00653 COMPLAINANT, Docket No. 2024A-00653-NPC-ROC v. NOTICE OF HEARING ON CONTESTED CASE McCurdy Construction LLC License No. ROC 322920,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

May 15, 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 March 01, 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 28, 2024.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail March 28, 2024 to: Respondent(s) McCurdy Construction LLC 2090 E University Dr Ste 105 Tempe, AZ 85281

Complainant(s) J & S Demolition And Hauling Services LLC 150 S Chandler St Chandler, AZ 85225

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. 2024-00653 /

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 23, 2024

Via U.S. Mail and Email

Complainant J & S Demolition And Hauling Services LLC 150 S Chandler St Chandler, AZ 85225

Via U.S. Mail and Email

Respondent McCurdy Construction LLC 2090 E University Dr Ste 105 Tempe, AZ 85281

Re: Complaint No. 2024-00653

Dear Complainant and Respondent:

The Registrar received a complaint filed against McCurdy Construction LLC for non- payment of materials or services rendered. This complaint is incomplete and will not be substantively reviewed by the Registrar until the following documentation is provided:

- Contract pertaining to the scope of work and start date of work. For written contracts, provide a copy of the original contract signed (by both parties). If the only written document describing the contract are a proposal, bid, or invoice, please provide a written statement describing the agreement that included the following information: • The reason a written contract is not being provided (e.g. contractor did not provide a written contract, the contract is lost, the contract was destroyed). • A description of any written documents used to describe the contract (e.g. email, text messages). • A description of the work to be performed under the contract. • The date of the contract. • The names of the people who negotiated the contract. • The agreed upon amount of the contract.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100a 11/23 Please provide ALL requested information by January 30, 2024. The Registrar will close this complaint (as incomplete) without further written notice if you fail to provide the requested documentation by such date.

Documents can be submitted by:

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

Although the complaint is incomplete at this time, Respondent may file a response with the Registrar raising any issues or affirmative defenses to the complaint.

If the required information is provided and this complaint becomes complete, Respondent will be provided an additional opportunity to respond to the complaint.

Sincerely,

/s/Madelyn Hayes Madelyn Hayes Legal Assistant II Legal Department 1700 W Washington St. Ste 105 Phoenix, AZ 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100a 11/23 Non-Payment Complaint Form Departmental Use Only Complaint Number: Mail to: Registrar of Contractors 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) Juan A Soto Street Address City State Zip Code 150 S California St Chandler Arizona 85225 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) McCurdy Construction LLC ROC 322920 Street Address City State Zip Code 2090 E University Dr Ste 105 Tempe AZ 85281 Phone Number Email Address

Name of Person(s) Representing License Michael S McCurdy Complaint Information Principal Amount Due (excluding interest and fees) Contract Date (if applicable) $26,237.00 November 1, 2022 Have you filed a civil complaint? No List all specific invoices which have not been paid. Attach additional pages if necessary. 11/1/2022 Invoice #738 $425 ; 11/1/2022 Invoice #727 $3625; 10/18/2022 Invoice #720 $450; 10/15/2022 Invoice #715 $5512.50; 10/6/2022 Invoice #707 $1350; 10/6/2022 Invoice #706 $950; 9/28/2022 Invoice #697 $4450; 9/28/2022 Invoice #696 $450; 9/8/2022 Invoice #687 $2200; 9/6/2022 Invoice #684 $2137; 8/31/2022 Invoice #683 $975; 8/22/2022 Invoice #680 $3712.50

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 Juan A Soto 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. Printed Name Signature Date Juan A Soto INVOICE Service Address Bill To

425 W Knox Rd Mccurdy Remodel Gilbert, Az 85233 2090 E University Dr, #105 Tempe, AZ 85281

J & S Demolition And Hauling services Payment terms Due upon receipt Invoice # 680 150 S California St Chandler, Az 85225 Date 08/22/2022 Phone: (480) 202-2579 Business / Tax # ROC# 319456 Email: [email redacted] Web: jsdemoandhaul.com

Description Total

Dirt Removal and grading $3,712.50 -Grade driveway from the street to the new addition (approximately 4900sqft) -Relocate pile of dirt by leach drain to low spots -Haul away excess dirt

Subtotal $3,712.50

Total $3,712.50

Mccurdy Remodel

INVOICE Service Address Bill To

8123 E Cholla St Mccurdy Remodel Scottsdale , Az 85260 2090 E University Dr, #105 Tempe, AZ 85281

J & S Demolition And Hauling services Payment terms Due upon receipt Invoice # 683 150 S California St Chandler, Az 85225 Date 08/31/2022 Phone: (480) 202-2579 Business / Tax # ROC# 319456 Email: [email redacted] Web: jsdemoandhaul.com

Description Total

Concrete cutting and removal $975.00 -Saw cut two 2x2 areas for footings -Remove concrete -Excavate down 18” -Haul away concrete and dirt

Subtotal $975.00

Total $975.00

Notes:

Kolsrud residence

Mccurdy Remodel

INVOICE Service Address Bill To

9553 E Ann Way Mccurdy Remodel Scottsdale , Az 85260 2090 E University Dr, #105 Tempe, AZ 85281

J & S Demolition And Hauling services Payment terms Due upon receipt Invoice # 684 150 S California St Chandler, Az 85225 Date 09/06/2022 Phone: (480) 202-2579 Business / Tax # ROC# 319456 Email: [email redacted] Web: jsdemoandhaul.com

Description Total

Flagstone removal $120.00 -Remove flagstone walkway and stack in designated spot for reuse

Remove Tree branch $225.00 -Remove tree branch and bushes to clear path for machinery -Haul away material

Area Prep $1,792.00 -Remove flagstone from a 16’x16’ area and haul off -Excavate to find gas line -Relocate landscape rock

Subtotal $2,137.00

Total $2,137.00

Notes:

Goldshmidt residence

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

Mccurdy Remodel

INVOICE Service Address Bill To

2046 N 78th St Mccurdy Remodel Scottsdale, AZ 85257, 2090 E University Dr, USA #105 Scottsdale , Az 85257 Tempe, AZ 85281

J & S Demolition And Hauling services Payment terms Due upon receipt Invoice # 687 150 S California St Chandler, Az 85225 Date 09/08/2022 Phone: (480) 202-2579 Business / Tax # ROC# 319456 Email: [email redacted] Web: jsdemoandhaul.com

Description Total

Front yard grading $2,200.00 -Remove mounds of dirt -Remove excess dirt and dispose of material. -Rough grade towards street -Excavate 2” below grade -Approximately 30 tons

Subtotal $2,200.00

Total $2,200.00

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

Mccurdy Remodel

INVOICE Service Address Bill To

25150 N Windy Walk Mccurdy Remodel Dr , #65 2090 E University Dr, Scottsdale , Az 85255 #105 Tempe, AZ 85281

J & S Demolition And Hauling services Payment terms Due upon receipt Invoice # 696 150 S California St Chandler, Az 85225 Date 09/28/2022 Phone: (480) 202-2579 Business / Tax # ROC# 319456 Email: [email redacted] Web: jsdemoandhaul.com

Description Total

Concrete Demolition and removal $450.00 -Remove concrete from shower area and haul off

Subtotal $450.00

Total $450.00

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

Mccurdy Remodel

INVOICE Service Address Bill To

15817 N 58th Pl Mccurdy Remodel Scottsdale , Az 85254 2090 E University Dr, #105 Tempe, AZ 85281

J & S Demolition And Hauling services Payment terms Due upon receipt Invoice # 697 150 S California St Chandler, Az 85225 Date 09/28/2022 Phone: (480) 202-2579 Business / Tax # ROC# 319456 Email: [email redacted] Web: jsdemoandhaul.com

Description Total

Kitchen Demo $2,850.00 -Remove plumbing fixtures -Remove countertops -Remove upper and lower cabinets -Remove soffit -Remove glued down flooring -Utilities will be capped off as needed -Haul away debris

Drywall and insulation Removal $1,600.00 -Remove drywall -Remove drywall nails -Remove blown-in insulation -Cap off utilities as needed -Haul away debris

Subtotal $4,450.00

Total $4,450.00

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

Mccurdy Remodel

INVOICE Service Address Bill To

15817 N 58th Pl Mccurdy Remodel Scottsdale , Az 85254 2090 E University Dr, #105 Tempe, AZ 85281

J & S Demolition And Hauling services Payment terms Due upon receipt Invoice # 706 150 S California St Chandler, Az 85225 Date 10/06/2022 Phone: (480) 202-2579 Business / Tax # ROC# 319456 Email: [email redacted] Web: jsdemoandhaul.com

Description Total

Additional Demo/Removal $950.00 -Remove framing where indicated -Remove additional drywall

Subtotal $950.00

Total $950.00

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

Mccurdy Remodel

INVOICE Service Address Bill To

3810 N 35th St Mccurdy Remodel Phoenix , Az 85018 2090 E University Dr, #105 Tempe, AZ 85281

J & S Demolition And Hauling services Payment terms Due upon receipt Invoice # 707 150 S California St Chandler, Az 85225 Date 10/06/2022 Phone: (480) 202-2579 Business / Tax # ROC# 319456 Email: [email redacted] Web: jsdemoandhaul.com

Description Total

Ceiling and insulation removal $1,200.00 -Remove drywall and blown in insulation -Haul away debris

Tile Removal $150.00 -Remove tile demo outdoor bench and column -Haul away debris

Subtotal $1,350.00

Total $1,350.00

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

Mccurdy Remodel

INVOICE Service Address Bill To

5829 E Marconi Ave Mccurdy Remodel Scottsdale, Az 85254 2090 E University Dr, #105 Tempe, AZ 85281

J & S Demolition And Hauling services Payment terms Due upon receipt Invoice # 715 150 S California St Chandler, Az 85225 Date 10/15/2022 Phone: (480) 202-2579 Business / Tax # ROC# 319456 Email: [email redacted] Web: jsdemoandhaul.com

Description Total

Interior Wall Removal $3,562.50 -Remove drywall where marked -Remove door casing and doors -Remove millwork -Remove framing where indicated -Haul away debris

Master Bath Demo $1,950.00 -Full bath demo -Remove vanity and medicine cabinet -Remove shower and tile surround -Remove tub and framing -Remove tile and grout -Utilities will be capped off as needed -Haul away debris

Subtotal $5,512.50

Total $5,512.50

Notes:

Lindner residence

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

Mccurdy Remodel

INVOICE Service Address Bill To

15817 N 58th Place Mccurdy Remodel Scottsdale , Az 85254 2090 E University Dr, #105 Tempe, AZ 85281

J & S Demolition And Hauling services Payment terms Due upon receipt Invoice # 720 150 S California St Chandler, Az 85225 Date 10/18/2022 Phone: (480) 202-2579 Business / Tax # ROC# 319456 Email: [email redacted] Web: jsdemoandhaul.com

Description Total

Ceiling and insulation removal $450.00 -Remove section of ceiling and blown in insulation -Haul away debris

Subtotal $450.00

Total $450.00

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

Mccurdy Remodel

INVOICE Service Address Bill To

8162 S Priest Dr Mccurdy Remodel Tempe, Az 85284 2090 E University Dr, #105 Tempe, AZ 85281

J & S Demolition And Hauling services Payment terms Due upon receipt Invoice # 727 150 S California St Chandler, Az 85225 Date 11/01/2022 Phone: (480) 202-2579 Business / Tax # ROC# 319456 Email: [email redacted] Web: jsdemoandhaul.com

Description Total

Bath demo $3,625.00 -Remove vanities and plumbing fixtures -Remove bath accessories -Remove mirrors and metal panels -Remove all wall tile -Remove drywall -Remove utility sinks -Remove floor and grout tile -Utilities will be capped off as needed -Haul away debris

Subtotal $3,625.00

Total $3,625.00

Notes:

U-Haul bath demo

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

Mccurdy Remodel

INVOICE Service Address Bill To

2046 N 78th Street Mccurdy Remodel Scottsdale , Az 85257 2090 E University Dr, #105 Tempe, AZ 85281

J & S Demolition And Hauling services Payment terms Due upon receipt Invoice # 728 150 S California St Chandler, Az 85225 Date 11/01/2022 Phone: (480) 202-2579 Business / Tax # ROC# 319456 Email: [email redacted] Web: jsdemoandhaul.com

Description Total

Dirt Removal $425.00 -Remove most of the trash on top of dirt container and relocate to second container on-site -Remove dirt from dumpster to dump trailer and haul away

Subtotal $425.00

Total $425.00

Notes:

Farlow residence

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

Mccurdy Remodel

Payment due now Inbox Search for all messages with label Inbox Remove label Inbox from this conversation

Veronica Soto <[email redacted]> Feb 14, 2023, 11:52 AM to Maleesha, Michael

Hi,

I hope you are doing well.

Last request attempt for payment update unfortunately went unanswered. The following is what’s due:

Invoice #

728 $425 727 $3625 720 $450 715 $5512.50 707 $1360 706 $950 697 $4450 696 $450 687 $2200 684 $2137 683 $975 680 $3712.50

Please get in contact with us to set up a payment schedule. If we do not hear back from you we will be exploring further collection options.

Thank you.

Mich Feb 18, 2023, ael 11:35 AM McC urdy Hi Veronica, Sorry so long out of touch. My office time has been limited as I am trying to be on jobs mo Veronica Soto <[email redacted]> Feb 19, 2023, 7:30 AM to Michael

I completely understand the situation, I’m praying that things get better for you soon.

I appreciate you setting up a payment plan and yes $500 a month will work for now starting as soon as possible. Should I wait a week for the check to arrive in the mail? Due date will be the date I receive the first check.

I would like to review this in a couple months to see if we can increase the amount.

Thank you.

On Sat, Feb 18, 2023 at 11:35 AM Michael McCurdy <[email redacted]> wrote: Hi Veronica, Sorry so long out of touch. My office time has been limited as I am trying to be on jobs more. Yes, if you are open to it, I would like to set up a payment plan. Our revenue has been very low this last few months and the reason I have not been able to send anything to you recently. We are currently working on just the revenue we have coming in from our jobs from last year. I started doing the sales for our company and have not closed any jobs recently as we navigate the changing landscape of renovations and the costs clients will pay. We still have plenty of leads coming in but we are only now starting to see some potential clients calling us back to get a second look at the bid with them. At the moment we cannot afford to send much each month. But we would like to send something to get us moving towards catching up. For us now, $500 a month until we start selling again is about all wee could muster. Let me know if you are able to accept an amount this small. Thank you for being super patient with us as we get ourselves through our problems. Mike

Michael McCurdy President McCurdy Construction LLC 2090 E. University Dr. Ste. 105 Tempe, AZ 85281 Office: (480) 247-3113 Direct: (602) 540-4723 Fax : (480)668-4266

From: Veronica Soto <[email redacted]> Sent: Tuesday, February 14, 2023 11:52 AM To: Maleesha Hare <[email redacted]>; Michael McCurdy <[email redacted]> Subject: Payment due now

Hi,

I hope you are doing well.

Last request attempt for payment update unfortunately went unanswered. The following is what’s due:

Invoice #

728 $425 727 $3625 720 $450 715 $5512.50 707 $1360 706 $950 697 $4450 696 $450 687 $2200 684 $2137 683 $975 680 $3712.50

Please get in contact with us to set up a payment schedule. If we do not hear back from you we will be exploring further collection options.

Thank you.

ReplyForward Add reaction Checks? Inbox Search for all messages with label Inbox Remove label Inbox from this conversation

Veronica Soto <[email redacted]> Oct 4, 2022, 7:13 AM to Maleesha, Michael

Good morning,

Will we have checks to pick up this Friday?

Michael McCurdy <[email redacted]> Oct 4, 2022, 5:39 PM to me

Hello Veronica, I will have to update you on Friday. We did not receive the progress payments we thought we would this past two weeks. I will do my best to get something to you. Please email Friday morning for an update. Thank you. Mike

Michael McCurdy President McCurdy Construction LLC 2090 E. University Dr. Ste. 105 Tempe, AZ 85281 Office: (480) 247-3113 Direct: (602) 540-4723 Fax : (480)668-4266

Veronica Soto <[email redacted]> Oct 4, 2022, 6:29 PM to Michael

Ok thank you. If we can possibly get all open invoices from August taken care of that would be great. I’ll email on Friday for an update. Thank you.

Veronica Soto <[email redacted]> Oct 10, 2022, 3:36 PM to Michael

Hi Michael, I was suppose to reach out Friday for an update. Do you know what invoices will be paid this coming Friday?

Michael McCurdy <[email redacted]> Oct 10, 2022, 5:46 PM to me

Hi Veronica I sent a check out Friday for $2000. I am working on an amount for this week as well. Thank you

Sent from my Verizon, Samsung Galaxy smartphone Get Outlook for Android

From: Veronica Soto <[email redacted]> Sent: Monday, October 10, 2022 3:36:41 PM To: Michael McCurdy <[email redacted]> Subject: Re: Checks?

...

[Message clipped] View entire message

Veronica Soto <[email redacted]> Oct 11, 2022, 7:42 AM to Michael

Great, thanks for the update. Veronica Soto <[email redacted]> Oct 14, 2022, 10:30 AM to Michael

Hi Michael, we’re you able to get some checks ready for today?

Michael McCurdy <[email redacted]> Oct 14, 2022, 12:54 PM to me

Hello Veronica, Did you receive the check I mailed last week? It has not cleared our account yet.

I do not have anything ready this week. Have some payments I am waiting on. Should have some payments for next week. Thank you.

Veronica Soto <[email redacted]> Oct 17, 2022, 1:53 PM to Michael

Yes I received the check in the mail, thank you. I’ll check back later in the week to see if we can pick up a check this Friday.

Veronica Soto <[email redacted]> Oct 21, 2022, 8:55 AM to Michael

Good morning Michael, are there any checks to pick up today?

Michael McCurdy <[email redacted]> Oct 21, 2022, 1:41 PM to me

There is a check sitting on the desk by the door in our admin office for you Sent from my Verizon, Samsung Galaxy smartphone Get Outlook for Android

From: Veronica Soto <[email redacted]> Sent: Friday, October 21, 2022 8:55:58 AM

...

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Veronica Soto <[email redacted]> Oct 21, 2022, 1:44 PM to Michael

Thank you! We’ll pick it up Monday.

Veronica Soto <[email redacted]> Oct 25, 2022, 2:23 PM to Michael

Hi Michael, We picked up last week’s check, can we pick up additional payment this Friday?

Michael McCurdy <[email redacted]> Oct 25, 2022, 2:59 PM to me

I will have something for you on Friday. Thank you!

Veronica Soto <[email redacted]> Oct 25, 2022, 5:16 PM to Michael

Thank you! Veronica Soto <[email redacted]> Nov 1, 2022, 2:08 PM to Michael

Hi Michael,

Will there be any checks on Friday to pick up?

Michael McCurdy <[email redacted]> Nov 1, 2022, 2:18 PM to me

HI Veronica, Waiting to hear on some payments due for me to answer that. I will have information on Friday if it is good or not. Thank you,

Veronica Soto <[email redacted]> Nov 3, 2022, 3:38 PM to Michael

Hi Michael,

We have an outstanding balance of $28,312 with some invoices due from August. Unfortunately we cannot provide further services until 50% of balance due is paid.

My apologies for any inconveniences this may cause.

Michael McCurdy <[email redacted]> Nov 4, 2022, 10:43 AM to me

Good Morning Veronica, Thank you for all you have worked with us on so far. No need for you to apologize to us. There is no amount of apology I could summon for how late we have been with our account over the last 6 months or so. Your understanding and patience is much appreciated. I should have a small progress payment next week sometime. I will let you know when it is ready. Thank you.

Veronica Soto <[email redacted]> Nov 4, 2022, 10:52 AM to Michael

Thank you for the update.

Veronica Soto <[email redacted]> Nov 16, 2022, 9:01 AM to Michael

Good morning Mike,

Are we able to pick up payment this week?

Veronica Soto <[email redacted]> Nov 21, 2022, 8:03 AM to Michael

Good morning Michael,

Do you have an update on payment?

Veronica Soto <[email redacted]> Dec 1, 2022, 3:37 PM to Maleesha, Michael

Hi,

Do you have an update on payment status? Michael McCurdy <[email redacted]> Dec 1, 2022, 4:33 PM to me, Maleesha

Hello Veronica, I do not today. I am hoping to collect a check in the next several days that I have reserved for you. AS soon as I have it in hand I will contact you.

Veronica Soto <[email redacted]> Dec 1, 2022, 4:43 PM to Michael, Maleesha

Sounds good, thank you.

Veronica Soto <[email redacted]> Dec 23, 2022, 3:25 PM to Michael, Maleesha

Hi Michael,

Can you provide an update on payment? A small portion of the balance would be appreciated if you do not the complete payment.

Veronica Soto <[email redacted]> Jan 6, 2023, 1:28 PM to Michael, Maleesha

Hi Michael,

I haven’t heard from you since December 1st, please let me know today what day next week we can stop by for a good faith payment from you. I only ask that amount be 25% of total balance due.

Thank you. Michael McCurdy <[email redacted]> Jan 6, 2023, 2:54 PM to me

Hi Veronica, Sorry for the break in communication from me. I have been on jobsites a lot lately. I do want to get you a payment out but just have not had any significant payments come our way lately. December was very slow revenue wise for us. I will get one out to you as soon as I can. Next week is a maybe as we are still trying to hit some milestones for payments from our clients. Sorry this is so long and so much. I will talk to you soon.

Veronica Soto <[email redacted]> Jan 30, 2023, 4:12 PM to Michael

Hi Michael,

I wanted to check in to see if you are able to make a payment toward the balance. Please let me know.

Thank you.

Michael McCurdy <[email redacted]> Apr 13, 2023, 7:15 AM to me

Hello Veronica, We are still having troubles. I want to pay and will pay. As soon as I have something to put towards it I will. Thank you. Mike

And yes, still backed up on my emails and everything else. Keep after me. I do want to get you guys your money. Thank you

Veronica Soto <[email redacted]> May 18, 2023, 10:24 AM to Michael Good morning Mike, are you able to make a payment?

It’s tough running a small business and missing that amount of capital.

Hope you understand.

Veronica Soto <[email redacted]> Jun 1, 2023, 1:11 PM to Michael

Mike,

How is everything going? Have you been able to make any progress and are you able to make a payment towards your balance?

Veronica Soto <[email redacted]> Jun 15, 2023, 3:31 PM to Michael

Hi Michael,

I have sent a couple emails and have not received a response.

Unfortunately we’re at a point where we need to try and recoup our losses.

We have reached out to counsel and have been advised to look into a mechanics lien or other options available to us.

We do not want to go that route, we really need a payment from you.

Please respond as soon as possible.

Michael McCurdy <[email redacted]> Aug 31, 2023, 4:29 PM to me

Hello Veronica, We do not have the funds for a payment at the moment. We have some funds coming in over the next few months that I can pull from to make a payment to you. I know this has dragged on way too long. We are still here and trying to get back to normal operations. I apologize that our money and revenue issues have spilled over into your business and I know it is making it difficult for you to run your business. We had such severe losses we just do not have the funds to pay now. But I am working on it. I just want you to know that we have not gone out of business and we have not and will not be declaring bankruptcy. We have just been trying to run on a skeleton crew and with the projects we had out from 2022 so we would not be pulling money from new projects to run old projects.

Could you please send me a statement for our account so I can match it up to what we have on our books so I know we are on the same page. Some of the items we have in our books are listed as estimates and I also need to see it to match up the amounts and correct my books if necessary. I appreciate your help with this.

Veronica Soto <[email redacted]> Sep 1, 2023, 8:16 AM to Michael

Hi Michael,

Thank you for staying in touch. We really appreciate it.

I’ll send over all open invoices as soon as I can.

Veronica Soto <[email redacted]> Sep 7, 2023, 12:58 PM to Michael

Hi Michael,

I sent over the open invoices we have on file. Please see below for reference:

Invoice

#728 #727 #720 #715 #707 #706 #697 #696 #687 #684 #683 #680

Michael McCurdy <[email redacted]> Sep 7, 2023, 2:25 PM to me

Hi Veronica, Thank you. I have everything that you have. I will update you as soon as I know I can get some sort of a payment out to you. Giavanti Lien Release Inbox Search for all messages with label Inbox Remove label Inbox from this conversation

Michael McCurdy <[email redacted]> Sep 7, 2023, 3:07 PM to me

Hello Veronica, A project that you have worked on is requesting us to provide them with Lien releases for the vendors and subcontractors we have paid thus far. We have to do this in order to receive our progress payment that is due from them. Could you please review, complete and sign the lien waiver attached to this email and return to me. Thank you. Mike

Michael McCurdy President McCurdy Construction LLC 2090 E. University Dr. Ste. 105 Tempe, AZ 85281 Office: (480) 247-3113 Direct: (602) 540-4723 Fax : (480)668-4266

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Veronica Soto <[email redacted]> Sep 7, 2023, 4:41 PM to Michael

Let me review the invoices and confirm that nothing is outstanding from this project.

Is the progress payment from this project be used to make a payment toward what is owed to us? Michael McCurdy <[email redacted]> Sep 8, 2023, 5:50 AM to me

Hello Veronica, I do plan to get something to you from this progress payment when we receive it. Thank you. Mike

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From: Veronica Soto <[email redacted]> Sent: Thursday, September 7, 2023 4:41:07 PM To: Michael McCurdy <[email redacted]> Subject: Re: Giavanti Lien Release

Let me review the invoices and confirm that nothing is outstanding from this project.

Is the progress payment from this project be used to make a payment toward what is owed to us?

On Thu, Sep 7, 2023 at 3:07 PM Michael McCurdy <[email redacted]> wrote:

Hello Veronica,

A project that you have worked on is requesting us to provide them with Lien releases for the vendors and subcontractors we have paid thus far. We have to do this in order to receive our progress payment that is due from them. Could you please review, complete and sign the lien waiver attached to this email and return to me. Thank you.

Mike

Michael McCurdy

President

McCurdy Construction LLC

2090 E. University Dr. Ste. 105

Tempe, AZ 85281 Office: (480) 247-3113

Direct: (602) 540-4723

Fax : (480)668-4266

Veronica Soto <[email redacted]> Sep 12, 2023, 12:40 PM to Michael

Hi Michael, Attached is the signed lien release.

Thank you for keeping communications open between us.

I'd like to stop by on Friday for payment we discussed, would that be acceptable?

Thank you.

On Fri, Sep 8, 2023 at 5:50 AM Michael McCurdy <[email redacted]> wrote: Hello Veronica, I do plan to get something to you from this progress payment when we receive it. Thank you. Mike

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From: Veronica Soto <[email redacted]> Sent: Thursday, September 7, 2023 4:41:07 PM To: Michael McCurdy <[email redacted]> Subject: Re: Giavanti Lien Release

Let me review the invoices and confirm that nothing is outstanding from this project.

Is the progress payment from this project be used to make a payment toward what is owed to us?

On Thu, Sep 7, 2023 at 3:07 PM Michael McCurdy <[email redacted]> wrote:

Mike

Michael McCurdy

President

McCurdy Construction LLC

2090 E. University Dr. Ste. 105

Tempe, AZ 85281

Office: (480) 247-3113

Direct: (602) 540-4723

Fax : (480)668-4266

One attachment • Scanned by Gmail

Michael McCurdy <[email redacted]> Sep 13, 2023, 3:15 PM to me

Hello Veronica, Thank you. I will let you know if I actually receive a payment from them this week. If not then I am hoping I get it from them next week and will have something for you then. Mike

Michael McCurdy President McCurdy Construction LLC 2090 E. University Dr. Ste. 105 Tempe, AZ 85281 Office: (480) 247-3113 Direct: (602) 540-4723 Fax : (480)668-4266

Veronica Soto <[email redacted]> Sep 13, 2023, 5:50 PM to Michael

Please let us know either way this Friday.

Thank you.

Michael McCurdy <[email redacted]> Sep 13, 2023, 6:25 PM to me

Will do!

Sent from my Verizon, Samsung Galaxy smartphone Get Outlook for Android

From: Veronica Soto <[email redacted]> Sent: Wednesday, September 13, 2023 5:50:08 PM

Veronica Soto <[email redacted]> Sep 18, 2023, 11:11 AM to Michael

Hi Michael,

You didn’t get back to us this past Friday like you said you were. I understand your busy trying to get back to full strength but a lot of money is owed to us and it’s been a long time since last payment was made.

We showed good faith by sending out the Giavanti lien release and I’m hoping you can return the favor by staying in constant contact with us until the debt is paid. I’m assuming since we didn’t receive payment this past Friday that we will receive payment Friday September 22 2023. Please let me know if that’s correct.

Thank you.

Michael McCurdy <[email redacted]> Nov 16, 2023, 4:35 PM to me

Hi Veronica, The payment from this client has not gone as planned. Sorry so long to update you. We are still awaiting payment from them. As soon as we get something in we will get a check out to you. Thank you. Mike

Michael McCurdy President McCurdy Construction LLC 2090 E. University Dr. Ste. 105 Tempe, AZ 85281 Office: (480) 247-3113 Direct: (602) 540-4723 Fax : (480)668-4266

From: Veronica Soto <[email redacted]> Sent: Monday, September 18, 2023 11:11 AM

To: Michael McCurdy <[email redacted]> Subject: Re: Giavanti Lien Release

Hi Michael,

We showed good faith by sending out the Giavanti lien release and I’m hoping you can return the favor by staying in constant contact with us until the debt is paid.

I’m assuming since we didn’t receive payment this past Friday that we will receive payment Friday September 22 2023. Please let me know if that’s correct. Thank you.

On Wed, Sep 13, 2023 at 6:25 PM Michael McCurdy <[email redacted]> wrote: Will do!

Sent from my Verizon, Samsung Galaxy smartphone Get Outlook for Android

From: Veronica Soto <[email redacted]> Sent: Wednesday, September 13, 2023 5:50:08 PM

To: Michael McCurdy <[email redacted]> Subject: Re: Giavanti Lien Release

Please let us know either way this Friday.

Thank you.

On Wed, Sep 13, 2023 at 3:15 PM Michael McCurdy <[email redacted]> wrote: Hello Veronica, Thank you. I will let you know if I actually receive a payment from them this week. If not then I am hoping I get it from them next week and will have something for you then. Mike

Michael McCurdy President McCurdy Construction LLC 2090 E. University Dr. Ste. 105 Tempe, AZ 85281 Office: (480) 247-3113 Direct: (602) 540-4723 Fax : (480)668-4266

From: Veronica Soto <[email redacted]> Sent: Tuesday, September 12, 2023 12:40 PM To: Michael McCurdy <[email redacted]> Subject: Re: Giavanti Lien Release

Hi Michael, Attached is the signed lien release.

Thank you for keeping communications open between us.

I'd like to stop by on Friday for payment we discussed, would that be acceptable? Thank you.

On Fri, Sep 8, 2023 at 5:50 AM Michael McCurdy <[email redacted]> wrote: Hello Veronica, I do plan to get something to you from this progress payment when we receive it. Thank you. Mike

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From: Veronica Soto <[email redacted]> Sent: Thursday, September 7, 2023 4:41:07 PM To: Michael McCurdy <[email redacted]> Subject: Re: Giavanti Lien Release

Let me review the invoices and confirm that nothing is outstanding from this project.

Is the progress payment from this project be used to make a payment toward what is owed to us?

On Thu, Sep 7, 2023 at 3:07 PM Michael McCurdy <[email redacted]> wrote: Hello Veronica, A project that you have worked on is requesting us to provide them with Lien releases for the vendors and subcontractors we have paid thus far. We have to do this in order to receive our progress payment that is due from them. Could you please review, complete and sign the lien waiver attached to this email and return to me. Thank you. Mike

Michael McCurdy President McCurdy Construction LLC 2090 E. University Dr. Ste. 105 Tempe, AZ 85281 Office: (480) 247-3113 Direct: (602) 540-4723 Fax : (480)668-4266 ARIZONA REGISTRAR OF CONTRACTORS

February 20, 2024

Via U.S. Mail and Electronic Mail

J & S Demolition And Hauling Services LLC 150 S Chandler St Chandler, AZ 85225

Via U.S. Mail and Electronic Mail

McCurdy Construction LLC 2090 E University Dr Ste 105 Tempe, AZ 85281

Re: Complaint No. 2024-00653, License No ROC 322920

On January 17, 2024, the Registrar received a complaint filed by J & S Demolition And Hauling Services LLC against McCurdy Construction LLC alleging failure to pay for materials or services rendered in violation of A.R.S. § 32-1154(A)(10).

On January 22, 2024, the Registrar issued a deficiency notice to the Complainant requesting additional documentation by January 30, 2024. The Registrar also requested the additional information again via email. To date the Registrar has not received the requested documentation. Because your complaint is incomplete, there is insufficient evidence to determine whether Respondent committed a violations of A.R.S. § 32-1154(A)(10). As such, at this time the Registrar will not issue a citation in this matter and the complaint is dismissed.

Accordingly, Complaint 2024-00653 is hereby closed.

Sincerely,

/s/Robert Stirling Robert Stirling Assistant General Counsel Legal Department 1700 W Washington St. Ste 105 Phoenix, AZ 85007

LG108a – 07/23 February 20, 2024

Via U.S. Mail and Email

Complainant J & S Demolition And Hauling Services LLC 150 S Chandler St Chandler, AZ 85225

Via U.S. Mail and Email

Respondent McCurdy Construction LLC 2090 E University Dr Ste 105 Tempe, AZ 85281-4684

Re: Complaint No. 2024-00653

Dear Complainant and Respondent:

The Registrar received a complaint filed against McCurdy Construction 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 February 27, 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, Arizona, 85005-8244 In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Email: [email redacted]

The Registrar will not issue a citation before February 27, 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.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 Sincerely,

/s/Madelyn Hayes Madelyn Hayes Legal Assistant II Legal Department 1700 W Washington St. Ste 105 Phoenix, AZ 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Case No. 2024-00653 J & S Demolition And Hauling Services LLC,

COMPLAINANT, v. CITATION McCurdy Construction LLC License No. ROC 322920,

RESPONDENT.

The Registrar issues this Citation to McCurdy Construction LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by March 15, 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 17, 2024, J & S Demolition And Hauling Services 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

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

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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 services rendered in connection with the licensee's 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. 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:

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. 2024-00653. 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, 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.

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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 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 15, 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). 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

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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 authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated March 01, 2024. By: /s/ Robert Stirling Robert Stirling Assistant General Counsel Legal Department Arizona Registrar of Contractors

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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 COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, March 01, 2024 to:

Respondent Certified Mail No: [number redacted]

McCurdy Construction LLC 2090 E University Dr Ste 105 Tempe, AZ 85281-4684 Copy mailed by USPS First Class mail this same date to: McCurdy Construction LLC 2090 E University Dr Ste 105 Tempe, AZ 85281-4684

Complainant J & S Demolition And Hauling Services LLC 150 S Chandler St Chandler, AZ 85225

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. 2024-00653 / MTH

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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 Non-Payment Complaint Form Departmental Use Only Complaint Number: Mail to: Registrar of Contractors P.O. Box 18243 Phoenix, AZ 85005-8243