2024A-00804-CHC-ROC Notice of Hearing & Packet MAILED 2024-00804.pdf

2024A-00804-CHC-ROC · Registrar of Contractors · 2024-07-22

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Mark Boseck , Case No. 2024-00804

COMPLAINANT, Docket No. 2024A-00804-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Ashton Woods Construction LLC License No. ROC 179540,

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

HEARING INFORMATION The hearing is set for:

August 29, 2024 1:00 PM Velva Moses-Thompson 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 June 13, 2024. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED

The complaint and citation allege that the Respondent committed the following act(s): Charge: 1 A.R.S. § 32-1154(A)(3)-R4-9-108(a) Charge: 2 A.R.S. § 32-1154(A)(22)

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

be a party to the hearing.

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

argument to the administrative law judge.

The Registrar’s assigned investigator will appear as a witness at the hearing. RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney.

A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented

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

1156(B).

CHANGE OF ADDRESS Each party must inform the Registrar and the Office of Administrative Hearings of any change of address within five (5) days of the change. A.R.S. § 41-1092.04.

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

to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and processes governing the administrative hearing. Copies of the statutes, rules, and articles regarding the administrative hearing process can be found at https://www.azoah.com/.

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

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

HEARING PACKET

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

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

SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS

The parties to the hearing must be prepared to present evidence in support of their

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

possession, the party must prepare and file a written subpoena for the Administrative Law Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a

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

DISCLOSURE STATEMENT

At least seven calendar days before the hearing, each party must prepare and serve a disclosure statement on all other parties, and file it with the Office of Administrative Hearings. A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the party will use at the hearing. A party’s failure to timely disclose any witness or exhibit, without good cause, may result in the administrative law judge excluding those witnesses or exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is available on the Registrar’s website at https://roc.az.gov/forms/RC-L-800A%20- %20Prehearing%20Disclosure%20Statement%2020191007v4.pdf

CHANGING THE HEARING DATE

The date of the hearing may only be advanced or delayed on the agreement of the

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

be changed by filing a written agreement of the parties to change the date of the hearing. The written agreement must be filed with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmitted to the Registrar and all other parties. The assigned Administrative Law Judge may be found on the Office of Administrative Hearings’ web portal at www.azoah.com

If a party would like to move the date of the hearing without agreement of all parties, the party must file a written motion with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmit a copy to the Registrar and all other parties. The motion must state in detail good cause for why the date of the hearing should be advanced or delayed, and the position of all other parties regarding the advancement or delay. A party may also file a motion asserting a right to an expedited hearing upon a showing of

extraordinary circumstances or the possibility of irreparable harm. A.R.S. § 41-1092.05(E).

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

Complaints – Resolved/Settled/Withdrawn.”

Dated July 22, 2024.

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

Copy mailed via USPS First Class mail July 22, 2024 to:

Respondent(s) Ashton Woods Construction LLC 8655 E Via De Ventura Ste. F250 Scottsdale, AZ 85258

Respondent's Attorney Troy G. Allen, Esq. 3800 N Central Ave 15th Fl Phoenix, AZ 85012 Complainant(s) Mark Boseck 11312 E Unity Ave Mesa, AZ 85212 Complainant's Attorney Chris Niederhauser Esq. 2121 W Chandler Blvd #112| Chandler, AZ 85224 Copy sent electronically this same date to: Respondent at email address on record with the Registrar Respondent’s Attorney at email address of record with Registrar Complainant at email address on record with the Registrar Complainant’s Attorney at email address of record with Registrar

Case No. 2024-00804 /

Douglas A. Ducey, Governor Jeffrey L. Fleetham, 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

Douglas A. Ducey, Governor Jeffrey L. Fleetham, 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

Douglas A. Ducey, Governor Jeffrey L. Fleetham, Director

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

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

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

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

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

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

Complainant: Mark Boseck 11312 E. Unity Ave. Mesa, AZ 85212

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Respondent: Ashton Woods Construction LLC DBA: 8655 E Via De Ventura Ste F250 Scottsdale, AZ 85258-3598

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 February 1, 2024

Jobsite Inspection Notice Re: Complaint Number 2024-00804

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for March 1, 2024 at 09:30 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

COMPLAINANT: 1. Under A.R.S. § 32-1155(D)(1), the Respondent must be allowed, upon request, the opportunity to inspect the work complained of within fifteen (15) days of receiving this notice. If Respondent is not provided an opportunity to inspect the work within the fifteen (15) day time period, the Registrar may be prohibited from taking further action on this complaint. 2. The Registrar may also be precluded from taking further action on this complaint, if the work that is the subject of the complaint is subject to neglect, modification, or abnormal use. A.R.S. § 32-1155(D)(2) 3. You must provide safe access to any area to be inspected. If access to a roof or other elevated area is required, you must provide a means to safely access the area (ladder or manlift as appropriate). Additionally, please secure any animals.

RESPONDENT: 1. Enclosed is a copy of the complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity to inspect the work complained of within fifteen days of the date of receipt of this notice. 2. To assist the assigned investigator in evaluating the merits of the complaint, please submit a response to the enclosed complaint to the assigned investigator prior to the scheduled inspection. 3. If you do not attend the jobsite inspection, your absence may negatively impact the investigation, and your interests. 4. If a building permit(s) was required for this project, please have the building permit information available at the jobsite inspection. If either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 If the parties resolve the complaint prior to the inspection, please notify the assigned investigator in writing and by phone as soon as possible.

Sincerely, Albert Bernal Albert Bernal, Investigator [number redacted] [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

CC: Respondent Complainant

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 A Guide to Jobsite Inspections

Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license alleging poor workmanship, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.

Jobsite Inspection Rights and Responsibilities Access to inspect: The property owner has complete control over who they allow on the property. However, if the Registrar’s investigator or the contractor cannot inspect the work, the Registrar will not move forward with a citation.

Cooperation: Arizona law enables injured parties to seek relief for damages through several paths. When dealing with a licensed contractor, the Registrar of Contractors’ administrative complaint process may serve as one of those possible paths. However, in order to use that path, the Registrar relies on the cooperation of all parties to a complaint.

Minimum workmanship: The Registrar investigates workmanship complaints for compliance with minimum workmanship and professional industry standards. The Registrar does not issue citations for work that meets these standards.

Scope: The scope of the Jobsite Inspection is limited to items listed in the complaint filed with the Registrar’s office. It is the complainant’s responsibility to point out the complaint item(s) and the Investigators role to review the item(s). If the complainant identifies additional workmanship items not listed in the original complaint, they must file an addendum to the complaint. The Registrar’s Investigator may identify additional administrative violations by the contractor (e.g. work performed out of scope of the license and failure to provide a contract that meets requirements set by Arizona law) at the time of the inspection.

The Role of the Investigator At the Jobsite Inspection, the Registrar’s investigator will: ● Only investigate the items listed on the complaint form filed with the Registrar. ● Will gather evidence to make an informed decision about the complaint items.

What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will leave the jobsite and review the evidence provided during the inspection. Generally, the investigator does not make any determination at the time of the jobsite inspection regarding whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.

Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 A Guide to Written Directives Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.

What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will determine whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.

Written Directives Access: In order to use the administrative process offered by the Registrar, a property owner must provide reasonable access to allow the contractor to fix their work as directed by the Registrar in a Written Directive. Complainants may not put any additional, unnecessary restrictions on the Respondent above and beyond the initial contract requirements agreed upon at the beginning of the project. Respondents are required to make repairs on items identified on any Written Directive, not otherwise restricted by local code or HOA limitations. Complainants must make access available to the Respondent to make the required repairs and failure to provide reasonable access may result in the Registrar dismissing the complaint.

Contractor obligations: The Written Directive will set a deadline for compliance. This is the period of time determined by the Investigator as necessary to complete the items listed in the Directive. ● The deadline for compliance assumes the contractor will promptly begin working on the items listed in the Directive. ● Do not wait. Both parties should communicate quickly to schedule the work.

Extensions: If good cause exists to extend this deadline, either party may submit a written request to the Investigator. The Registrar will review requests for extension and determine if the Directive should be extended.

Manner and method of performance: The Registrar does not provide specific instructions for how to correct poor work. A licensed contractor is expected to have the skill and professionalism to complete the work. Moreover, the complainant may not dictate the manner of repair. If the contractor fails to appropriately correct the work according to the contract, the Registrar will issue a citation.

Compliance Inspection: After the Written Directive expires, the Registrar’s Investigator will contact the complainant to determine if the contractor performed any corrective work. ● If the contractor did corrective work, the Investigator may schedule a Compliance Inspection to determine if the poor work is corrected. ● If the contractor did not perform any corrective work, the Registrar’s Investigator will not do a Compliance Inspection and will determine whether to issue a citation based on the administrative record.

Work performed after the directive ends: After the Directive period ends, a property owner may choose to allow the contractor to continue its work. The Registrar encourages parties to work cooperatively, but cannot 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 require a homeowner to continue to allow a contractor access to the property after the Directive period ends in order for the administrative process to continue. Denying access after the Directive ends is not grounds to close or dismiss a complaint.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 2/14/24, 11:38 AM State of Arizona Mail - Re: Albert Bernal has shared "20240201 Jobsite Inspection Notice 2024-00804.pdf" + 1 files with you

Lazaro Bernal <[email redacted]>

Re: Albert Bernal has shared "20240201 Jobsite Inspection Notice 2024-00804.pdf" + files with you message

[email redacted] <[email redacted]> Thu, Feb 8, 2024 at 7:07 AM To: "[email redacted]" <[email redacted]>, Jarin Brooks <[email redacted]> Cc: Tony Persson <[email redacted]>, Ana McCarty <[email redacted]>, Margaret Boseck <[email redacted]>

Good morning, Jarin.

I am available February 19 at 9am to 11am for one of your representatives to go over what I have submitted.

I sent this new list over to Albert and Albert asked me to send it to you.

Please let me know if this time and date works for you.

I would like to add these new items to my complaint please.

Master bathroom sink is not attached, when the contractor tried to fix the master bathroom tub the contractor just put silicone underneath the sink and but attached it back correctly.

I have drywall repairs by the closet at entryway and above kitchen cabinet that have large cracks.

Master bathroom sinks and Jack N Jill bathroom sinks have nicks and not finished on the culture marble.

Drywall repair on the entryway wall.

Kitchen counter seam is spreading apart.

Floor trim baseboards have gaps and also in the garage.

Please let me know if you need me to do anything before my inspection date.

Thanks,

Mark B.

On Tuesday, February 6, 2024 at 03:43:43 PM PST, Jarin Brooks <[email redacted]> wrote:

Good afternoon Mr. Bernal and Mr. Boseck. Thank you for sending this over. In reviewing the list with our team, we agree that there is warrantable work that we would like to complete in the home and do not contest the tub. I would like to have one or both of our managers that are attached to this thread inspect the other items as soon and possible and schedule the work to commence as quickly as all are able. Please let us know available dates and we can coordinate from there. Thank you again.

https://mail.google.com/mail/u/0/?ik=20fc683d77&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 1/4 2/14/24, 11:38 AM State of Arizona Mail - Re: Albert Bernal has shared "20240201 Jobsite Inspection Notice 2024-00804.pdf" + 1 files with you

Jarin Brooks VP of Construction Ashton Woods - Phoenix Division

8655 E. Via De Ventura Suite F-250 | Scottsdale, AZ 85258 C 480 433 9897

[email redacted] | ashtonwoods.com

© 2023 Ashton Woods Homes. All rights reserved. All trademarks and copyrighted materials herein, including “Ashton Woods” and the Ashton Woods Homes logo are the property of Ashton Woods Homes and may not be used without express written permission. Prices may not include lot premiums, upgrades or options. Community Association and golf fees may be required. Ashton Woods Homes reserves the right to change plans, specifications, dimensions, designs, elevations, promotions, incentives, features, materials, amenities, and pricing without notice and in its sole discretion. Stated dimensions, square footage, and window, floor, and ceiling elevations are approximate; are not representative of a home’s actual size or net usable square footage which may be less than estimated square footage; are subject to change without prior notice or obligation; may not be updated on the website; and may vary by plan elevation and/or community. Square footage may vary between different elevations of the same plan and certain elevations may have greater or less square footage than the original plan. Floorplans and elevations may not represent the actual condition of a home as constructed and may contain options which are not available on all models. Certain features in and around the model homes are designer suggestions and not included in the sales price. All renderings, color schemes, floorplans, maps, and displays are artists’ conceptions and are not intended to be an actual depiction of the home or its surroundings. Basement options may be available subject to site conditions. Garage or bay sizes may vary from home to home and may not accommodate all vehicles. Homesite premiums may apply. Actual position of home on lot will be determined by the site plan and plot plan. While Ashton Woods Homes endeavors to display current and accurate information, Ashton Woods Homes makes no representations or warranties regarding the information set forth herein and, without limiting the foregoing, is not responsible for any information being out of date or inaccurate, or for any typographical errors. Please see Sales Representative for additional information and details. Ashton Woods Homes is not a lender or mortgage provider. This is not an offer to sell real estate, or solicitation to buy real estate, in any jurisdiction where prohibited by law or in any jurisdiction where prior registration is required, including New York and New Jersey.

From: Albert Bernal <[email redacted]> Sent: Thursday, February 1, 2024 4:40 PM To: Jarin Brooks <[email redacted]> Cc: [email redacted] Subject: Albert Bernal has shared "20240201 Jobsite Inspection Notice 2024-00804.pdf" + 1 files with you

https://mail.google.com/mail/u/0/?ik=20fc683d77&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 2/4 2/14/24, 11:38 AM State of Arizona Mail - Re: Albert Bernal has shared "20240201 Jobsite Inspection Notice 2024-00804.pdf" + 1 files with you

Albert has shared the following files with you:

Dear Respondent and Complainant- Please see link to formal complaint and jobsite inspection notice.

20240201 Jobsite Inspection Notice 2024-00804.pdf

Complaint Form.pdf.pdf

https://mail.google.com/mail/u/0/?ik=20fc683d77&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 3/4 2/14/24, 11:38 AM State of Arizona Mail - Re: Albert Bernal has shared "20240201 Jobsite Inspection Notice 2024-00804.pdf" + 1 files with you

https://mail.google.com/mail/u/0/?ik=20fc683d77&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 4/4 2/14/24, 11:39 AM State of Arizona Mail - RE: Albert Bernal has shared "20240201 Jobsite Inspection Notice 2024-00804.pdf" + 1 files with you

Lazaro Bernal <[email redacted]>

RE: Albert Bernal has shared "20240201 Jobsite Inspection Notice 2024-00804.pdf" + files with you message

Jarin Brooks <[email redacted]> Tue, Feb 13, 2024 at 11:26 AM To: "[email redacted]" <[email redacted]>, "[email redacted]" <[email redacted]> Cc: Tony Persson <[email redacted]>, Ana McCarty <[email redacted]>, Margaret Boseck <[email redacted]>

Good afternoon Mr. Boseck. Thank you for the availability and we will have someone there at 2 pm on 2/26.

Jarin Brooks VP of Construction Ashton Woods - Phoenix Division

8655 E. Via De Ventura Suite F-250 | Scottsdale, AZ 85258 C 480 433 9897

[email redacted] | ashtonwoods.com

https://mail.google.com/mail/u/0/?ik=20fc683d77&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 1/6 2/14/24, 11:39 AM State of Arizona Mail - RE: Albert Bernal has shared "20240201 Jobsite Inspection Notice 2024-00804.pdf" + 1 files with you Boseck <[email redacted]> Subject: Re: Albert Bernal has shared "20240201 Jobsite Inspection Notice 2024-00804.pdf" + 1 files with you

Jarin,

I have Feb 26th at 2pm available for one of your representatives to do a walk through.

Please let me know if this works.

Thanks,

Mark B.

On Thursday, February 8, 2024 at 07:52:02 PM PST, Jarin Brooks <[email redacted]> wrote:

Good evening Mr. Boseck and thank you for the update. Unfortunately February 19th is a holiday for Presidents Day. We will need to set the appointment during business hours. Please let me know your availability when you have time. Thank you again.

Jarin Brooks VP of Construction Ashton Woods - Phoenix Division

8655 E. Via De Ventura Suite F-250 | Scottsdale, AZ 85258 C 480 433 9897

[email redacted] | ashtonwoods.com

https://mail.google.com/mail/u/0/?ik=20fc683d77&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 2/6 2/14/24, 11:39 AM State of Arizona Mail - RE: Albert Bernal has shared "20240201 Jobsite Inspection Notice 2024-00804.pdf" + 1 files with you accommodate all vehicles. Homesite premiums may apply. Actual position of home on lot will be determined by the site plan and plot plan. While Ashton Woods Homes endeavors to display current and accurate information, Ashton Woods Homes makes no representations or warranties regarding the information set forth herein and, without limiting the foregoing, is not responsible for any information being out of date or inaccurate, or for any typographical errors. Please see Sales Representative for additional information and details. Ashton Woods Homes is not a lender or mortgage provider. This is not an offer to sell real estate, or solicitation to buy real estate, in any jurisdiction where prohibited by law or in any jurisdiction where prior registration is required, including New York and New Jersey.

From: [email redacted] <[email redacted]> Sent: Thursday, February 8, 2024 7:08 AM To: [email redacted]; Jarin Brooks <[email redacted]> Cc: Tony Persson <[email redacted]>; Ana McCarty <[email redacted]>; Margaret Boseck <[email redacted]> Subject: Re: Albert Bernal has shared "20240201 Jobsite Inspection Notice 2024-00804.pdf" + 1 files with you

Good morning, Jarin.

I am available February 19 at 9am to 11am for one of your representatives to go over what I have submitted.

I sent this new list over to Albert and Albert asked me to send it to you.

Please let me know if this time and date works for you.

I would like to add these new items to my complaint please.

Master bathroom sink is not attached, when the contractor tried to fix the master bathroom tub the contractor just put silicone underneath the sink and but attached it back correctly.

I have drywall repairs by the closet at entryway and above kitchen cabinet that have large cracks.

Master bathroom sinks and Jack N Jill bathroom sinks have nicks and not finished on the culture marble.

Drywall repair on the entryway wall.

https://mail.google.com/mail/u/0/?ik=20fc683d77&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 3/6 2/14/24, 11:39 AM State of Arizona Mail - RE: Albert Bernal has shared "20240201 Jobsite Inspection Notice 2024-00804.pdf" + 1 files with you

Kitchen counter seam is spreading apart.

Floor trim baseboards have gaps and also in the garage.

Please let me know if you need me to do anything before my inspection date.

Thanks,

Mark B.

On Tuesday, February 6, 2024 at 03:43:43 PM PST, Jarin Brooks <[email redacted]> wrote:

Jarin Brooks VP of Construction Ashton Woods - Phoenix Division

8655 E. Via De Ventura Suite F-250 | Scottsdale, AZ 85258 C 480 433 9897

[email redacted] | ashtonwoods.com

https://mail.google.com/mail/u/0/?ik=20fc683d77&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 4/6 2/14/24, 11:39 AM State of Arizona Mail - RE: Albert Bernal has shared "20240201 Jobsite Inspection Notice 2024-00804.pdf" + 1 files with you information set forth herein and, without limiting the foregoing, is not responsible for any information being out of date or inaccurate, or for any typographical errors. Please see Sales Representative for additional information and details. Ashton Woods Homes is not a lender or mortgage provider. This is not an offer to sell real estate, or solicitation to buy real estate, in any jurisdiction where prohibited by law or in any jurisdiction where prior registration is required, including New York and New Jersey.

Albert has shared the following files with you:

Dear Respondent and Complainant- Please see link to formal complaint and jobsite inspection notice.

20240201 Jobsite Inspection Notice 2024-00804.pdf

https://mail.google.com/mail/u/0/?ik=20fc683d77&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 5/6 2/14/24, 11:39 AM State of Arizona Mail - RE: Albert Bernal has shared "20240201 Jobsite Inspection Notice 2024-00804.pdf" + 1 files with you

Complaint Form.pdf.pdf

https://mail.google.com/mail/u/0/?ik=20fc683d77&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 6/6 3/1/24, 3:03 PM State of Arizona Mail - Re: Albert Bernal has shared "20240201 Jobsite Inspection Notice 2024-00804.pdf" + 1 files with you

Lazaro Bernal <[email redacted]>

Re: Albert Bernal has shared "20240201 Jobsite Inspection Notice 2024-00804.pdf" + files with you message

[email redacted] <[email redacted]> Fri, Mar 1, 2024 at 5:07 AM To: "[email redacted]" <[email redacted]>, Jarin Brooks <[email redacted]>, "[email redacted]" <[email redacted]> Cc: Tony Persson <[email redacted]>, Ana McCarty <[email redacted]>, Margaret Boseck <[email redacted]>

Good morning, Albert,

I would like to add these items please.

Outside window crack on the seal on west wall of the house. Arcadia door seals has a crack seals.

Bowed studs in the half bath & entry walls to garage & office room & teen room master bedroom and bathroom, both spare bedrooms, and bathroom, and the entryway, to both bedrooms, and the entryway.

Bird boards in all locations of our house have damaged bird boards and truss tails. Nails showing through under the facia.

Missing paint outside white showing.

Patio above arcadia door drywall repair.

South bedroom drywall repair.

Crack at the closet door.

crack above the counter next to the fridge.

These are also the items that went over with many of the Ashton Woods reps and still have no been completed.

I also have my one inspection list that also has not been completed.

Have a great day.

Mark B. On Tuesday, February 13, 2024 at 10:27:03 AM PST, Jarin Brooks <[email redacted]> wrote:

Good afternoon Mr. Boseck. Thank you for the availability and we will have someone there at 2 pm on 2/26.

https://mail.google.com/mail/u/0/?ik=20fc683d77&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 1/8 3/1/24, 3:03 PM State of Arizona Mail - Re: Albert Bernal has shared "20240201 Jobsite Inspection Notice 2024-00804.pdf" + 1 files with you

Jarin Brooks VP of Construction Ashton Woods - Phoenix Division

8655 E. Via De Ventura Suite F-250 | Scottsdale, AZ 85258 C 480 433 9897

[email redacted] | ashtonwoods.com

https://mail.google.com/mail/u/0/?ik=20fc683d77&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 2/8 3/1/24, 3:03 PM State of Arizona Mail - Re: Albert Bernal has shared "20240201 Jobsite Inspection Notice 2024-00804.pdf" + 1 files with you

From: [email redacted] <[email redacted]> Sent: Saturday, February 10, 2024 9:51 AM To: [email redacted]; Jarin Brooks <[email redacted]> Cc: Tony Persson <[email redacted]>; Ana McCarty <[email redacted]>; Margaret Boseck <[email redacted]> Subject: Re: Albert Bernal has shared "20240201 Jobsite Inspection Notice 2024-00804.pdf" + 1 files with you

Jarin,

I have Feb 26th at 2pm available for one of your representatives to do a walk through.

Please let me know if this works.

Thanks,

Mark B.

On Thursday, February 8, 2024 at 07:52:02 PM PST, Jarin Brooks <[email redacted]> wrote:

https://mail.google.com/mail/u/0/?ik=20fc683d77&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 3/8 3/1/24, 3:03 PM State of Arizona Mail - Re: Albert Bernal has shared "20240201 Jobsite Inspection Notice 2024-00804.pdf" + 1 files with you Thank you again.

Jarin Brooks VP of Construction Ashton Woods - Phoenix Division

8655 E. Via De Ventura Suite F-250 | Scottsdale, AZ 85258 C 480 433 9897

[email redacted] | ashtonwoods.com

Good morning, Jarin.

I am available February 19 at 9am to 11am for one of your representatives to go over what I have submitted.

I sent this new list over to Albert and Albert asked me to send it to you.

https://mail.google.com/mail/u/0/?ik=20fc683d77&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 4/8 3/1/24, 3:03 PM State of Arizona Mail - Re: Albert Bernal has shared "20240201 Jobsite Inspection Notice 2024-00804.pdf" + 1 files with you

Please let me know if this time and date works for you.

I would like to add these new items to my complaint please.

Master bathroom sink is not attached, when the contractor tried to fix the master bathroom tub the contractor just put silicone underneath the sink and but attached it back correctly.

I have drywall repairs by the closet at entryway and above kitchen cabinet that have large cracks.

Master bathroom sinks and Jack N Jill bathroom sinks have nicks and not finished on the culture marble.

Drywall repair on the entryway wall.

Kitchen counter seam is spreading apart.

Floor trim baseboards have gaps and also in the garage.

Please let me know if you need me to do anything before my inspection date.

Thanks,

Mark B.

On Tuesday, February 6, 2024 at 03:43:43 PM PST, Jarin Brooks <[email redacted]> wrote:

https://mail.google.com/mail/u/0/?ik=20fc683d77&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 5/8 3/1/24, 3:03 PM State of Arizona Mail - Re: Albert Bernal has shared "20240201 Jobsite Inspection Notice 2024-00804.pdf" + 1 files with you

Jarin Brooks VP of Construction Ashton Woods - Phoenix Division

8655 E. Via De Ventura Suite F-250 | Scottsdale, AZ 85258 C 480 433 9897

[email redacted] | ashtonwoods.com

https://mail.google.com/mail/u/0/?ik=20fc683d77&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 6/8 3/1/24, 3:03 PM State of Arizona Mail - Re: Albert Bernal has shared "20240201 Jobsite Inspection Notice 2024-00804.pdf" + 1 files with you

Albert has shared the following files with you:

Dear Respondent and Complainant- Please see link to formal complaint and jobsite inspection notice.

20240201 Jobsite Inspection Notice 2024-00804.pdf

Complaint Form.pdf.pdf

https://mail.google.com/mail/u/0/?ik=20fc683d77&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 7/8 3/1/24, 3:03 PM State of Arizona Mail - Re: Albert Bernal has shared "20240201 Jobsite Inspection Notice 2024-00804.pdf" + 1 files with you

https://mail.google.com/mail/u/0/?ik=20fc683d77&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 8/8 Jobsite Inspection Notes

Case No.: 2024-00804 Investigator: Albert Bernal Inspection Date: 03/01/24 Inspection Time: 9:30AM

Complainant: Mark Boseck Respondent: Ashton Woods Not Present: Construction LLC Tony Perrson Ana McCarthy Not Present:

Jobsite General Notes: JSI photos taken with my Pixel 6 pro Phone. JSI audio recorded with my Olympus Digital Voice Recorder model DM-720. Both JSI photos and audio have been loaded to Salesforce file.

Investigator’s Observation: Verified. I noted that the master bathroom tub was in place, but the installation was not complete. Respondent shall complete tub installation as per original contract agreement, properly executed change orders, verbal agreements, local building codes and manufacturers installation instructions. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

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

Compliance Item: 2 - Interior door in all rooms. I have had the doors fixed, repainted, and adjusted and still having the same issue. Missing paint on the top and bottom of the doors. New doors that have just been replaced are now splitting. Investigator’s Observation: Verified. I noted that several doors, and trim / door stop pieces were not painted at the top of bottom surfaces throughout the residence. Respondent is to identify the areas on question and correct by appropriate means. *Verified. Door in the master bathroom was split/damaged. * Verified. Door in the linen close master bathroom split/damage Respondent is aware of the issue and agreed to correct it. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards

Compliance Item: 4 - Kitchen cabinet over top of the refrigerator has a crack and Ashton Woods sent out a worker to try and paint over it. This item was replaced after we moved in January. 2023. Investigator’s Observation: Verified. Kitchen cabinet face area by the refrigerator was cracked. It appears that the area was repaired prior to this JSI; however, the crack was readily noticeable. Respondent is aware of the issue and agreed to correct it. Respondent shall correct by the appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards

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

Compliance Item: 5 - Pantry shelves have a 1/4 to 1/2 gap to the wall. ; Investigator’s Observation: Verified. There was a gap excessive in width between the wooden shelves and the wall (top shelves).Walls were checked with an 8’ level and I noted that the back wall was bowed (1/4” approximately) exceeding the minimum industry standard “Stud walls should be flat and not bulge more than 3/8" in 8'. Respondent shall correct by the appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards

Compliance Item: 6 - Bowed studs in the Gameroom & Spare bedroom & Master bedroom. Investigator’s Observation: Verified: Several walls were checked throughout the residence with a 4’ level, and an 8’ level, and several of the inspected walls were bowed (1/4” approximately) exceeding the minimum industry standard “Stud walls should be flat and not bulge more than 3/8" in 8'. The Respondent is to identify the walls that exceed the standard noted above, and correct by appropriate means. * Walls shown to me and checked with a level were located in the Bedroom #1, water closet, garage, hallway, office, game room, and master bedroom. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards

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

Compliance Item: 7 - Drywall repair in the entryway. ; Investigator’s Observation: Verified. I noted an area in the hallway (entry way-by bedroom #1) where the drywall texture and paint application were inconsistent. Other areas inspected, and verified were located in the kitchen. The Respondent is aware of the issues and agreed to correct it. Respondent shall correct by the appropriate means Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards

Compliance Item: 8 - Outside stress cracks on the stucco. ; Investigator’s Observation: Verified. I noted several stucco cracks throughout the exterior walls of the residence. Although, several of the stucco cracks shown to me measured 1/16” and were within the minimum industry standards (regarding width) there were several areas where the amount of cracks was excessive. The areas that need to be corrected are as follow. *West side exterior wall. *Back wall below window area (west side) *Back covered patio ceiling. *East side below the microwave vent area. *Back-east side corner. Respondent shall correct by the appropriate means Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards

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

*Finish paint caulk used to seal gap between bird block / trusses areas on the west side wall. *Correct bird blocks that have large splits/cracks Respondent shall correct by the appropriate means. *Fascia areas shown to me are considered an aesthetic issue and it is negligible therefore, no further action will be taken Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards

Compliance Item: 10 - AC pad is sitting on the dirt for water to run through. ; Investigator’s Observation: I noted that the A/C pad was sitting approximately 1” above grade. Landscape material (s) were added to the side yard area where the HVAC equipment is installed. Unable to verify, no evidence to prove or disprove complaint item constitutes poor work due to the complaint item being modified and/or corrected by the Complainant prior to the inspection. Governing Rule: ARS §32-1155 (D)(2)

Compliance Item: 11- Outside pavers Ashton woods had repaired due to sink hole and pavers are still sinking in. Investigator’s Observation: Verified. I noted various sunken pavers on the front right side of the driveway. The pavers inspected settled more than ¼”. Respondent shall correct by the appropriate means

Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards

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

Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards

Compliance Item: 15- Missing mortar under the shower pan in the master bathroom & in the jack n jill bathroom. Investigator’s Observation: The conditions describe by the Complainant were very minor, they are not consider to be excessive; therefore insufficient evidence to verify this as poor work.

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

Governing Rule: N/A

Compliance Item: 16- Sink in the jack n jill bathroom missing hardware to plug the sink. ; Investigator’s Observation: Verified. I noted that the hardware for the sink stopper (water plug) was missing on the left side sink. Respondent shall correct by the appropriate means

Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards

Compliance Item: 17 - Jack n jill sinks are uneven from marble repairs when we moved in, and Ashton Woods had to repair due to patch work. ; Investigator’s Observation: The complaint refers to material residue present on the sinks after repairs were performed. Verified. I noted an unknown material residue was present on both sinks of the Jack n jill. (Sinks surface not smooth in some areas, and bubbles from the residue were noted.) Respondent shall correct by the appropriate means Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards

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

Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards

Compliance Item: 19-Inperfections on stem concrete stem wall. *This complaint item was added to the complaint during the JSI. Respondent agreed to inspect. Investigator’s Observation: Verified. Excess concrete residue, and wood pieces were present on the concrete stem walls. The excess residue of this material was excessive and readily noticeable from a standing position. This was noted in several areas around the concrete stem wall perimeter Respondent shall correct by the appropriate means Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards

Albert Bernal Albert Bernal, Investigator [number redacted] [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

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

Jobsite inspections Photos 1 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Front of residence Jobsite inspections Photos 2 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Stucco crack- hair line less than 1/16” Jobsite inspections Photos 3 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Several cracks on left side wall. Jobsite inspections Photos 4 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Excessive amount of stucco cracks in area below window. Jobsite inspections Photos 5 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Excessive amount of stucco cracks. West wall. Jobsite inspections Photos 6 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Several stucco cracks below window. Back wall. Jobsite inspections Photos 7 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Stucco crack back wall – covered patio ceiling. Jobsite inspections Photos 8 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Crack exceeded the 1/16” East side all. Jobsite inspections Photos 9 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Hair line crack less than 1/16” Jobsite inspections Photos 10 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Readily visible stucco crack. Jobsite inspections Photos 11 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Stucco texture inconsistency was readily visible. (Right side corner of the window) Jobsite inspections Photos 12 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Split wood on bird blocks. Readily noticeable Jobsite inspections Photos 13 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Imperfection on stem wall. Wood and concrete residue were excessive and readily noticeable. Jobsite inspections Photos 14 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Imperfection on stem wall. Wood and concrete residue were excessive and readily noticeable. Jobsite inspections Photos 15 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Imperfection on stem wall. Wood and concrete residue were excessive and readily noticeable Jobsite inspections Photos 16 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Imperfection on stem wall. Wood and concrete residue were excessive and readily noticeable Jobsite inspections Photos 17 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Imperfection on stem wall. Wood and concrete residue were excessive and readily noticeable Jobsite inspections Photos 18 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Fascia cut was acceptable. Jobsite inspections Photos 19 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Bird block was cracked and the crack was readily visible. Jobsite inspections Photos 20 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Bird block was split and a nail was exposed Jobsite inspections Photos 21 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Not enough stucco coverage (mesh/wire shown and readily visible. Jobsite inspections Photos 22 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Caulking repair work started but was not finish painted. /// misaligned roof tiles. Jobsite inspections Photos 23 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Misaligned roof tiles (Roof edge) several areas around the perimeter of the residence. Jobsite inspections Photos 24 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Misaligned roof tiles (Roof edge) several areas around the perimeter of the residence Jobsite inspections Photos 25 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Misaligned roof tiles (Roof edge) several areas around the perimeter of the residence Jobsite inspections Photos 26 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Excessive concrete and wood residue left on stem wall- readily visible Jobsite inspections Photos 27 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Excessive concrete and wood residue left on stem wall- readily visible Jobsite inspections Photos 28 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

PVC water line exposed. Irrigation repair Jobsite inspections Photos 29 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Paint application did not covered the whole wall surface –several exterior wall areas. Jobsite inspections Photos 30 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Gap on fascia Jobsite inspections Photos 31 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

AC unit is sitting 1”above grade and flush in other areas. Side yard area was landscaped by the Complainant. Jobsite inspections Photos 32 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

AC unit is sitting 1”above grade and flush in other areas. Side yard area was landscaped by the Complainant. Jobsite inspections Photos 33 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

AC unit is sitting 1”above grade and flush in other areas. Side yard area was landscaped by the Complainant. Jobsite inspections Photos 34 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

AC unit is sitting 1”above grade and flush in other areas. Side yard area was landscaped by the Complainant. Jobsite inspections Photos 35 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Area landscaped by the Complainant Jobsite inspections Photos 36 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Area landscaped by the Complainant Jobsite inspections Photos 37 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Sunken pavers (right side corner of driveway) Area was previously repaired by R Jobsite inspections Photos 38 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Garage wall was bowed- gap ¼” in 8’ Jobsite inspections Photos 39 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Garage wall was bowed -gap 3/8” in 8’ Jobsite inspections Photos 40 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

3/32” in 4’ gap-bow on wall- Interior wall back to back with garage wall. Jobsite inspections Photos 41 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

¼” to 5/16”in 4’ gap- bow on wall (Guest water closet) Jobsite inspections Photos 42 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

¼” in 4’ Gap- bow on wall mater bathroom (water closet). Jobsite inspections Photos 43 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

3/8” in 4’ gap due to bow on wall- master bathroom water closet Jobsite inspections Photos 44 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Bow on wall.Master bathroomwater closet 3/8” in 4’ Jobsite inspections Photos 45 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

3/16” in 8’ bow on wall. Master bedroom Jobsite inspections Photos 46 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

3/16” in 8’ master bedroom Jobsite inspections Photos 47 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

1/8” in 8’ bow on wall. Jobsite inspections Photos 48 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

5/16” bow on hallway entrance wall Jobsite inspections Photos 49 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

1/8”in 8’ bow –office wall. Jobsite inspections Photos 50 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

1/8” in 8’ bow on wall. Jobsite inspections Photos 51 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Refer to pic #50 Jobsite inspections Photos 52 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

1/16” in 4’ bow on wall. Jobsite inspections Photos 53 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

1/8”in 4” bow on wall Jobsite inspections Photos 54 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

¼” gap-bow in 8’ bedroom #1 Jobsite inspections Photos 55 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

1/16” bow in 4’ guest water closet (jack n Jill) Jobsite inspections Photos 56 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

1/16” bow in 4’ guest water closet (jack n Jill) refer to pic #54 Jobsite inspections Photos 57 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Clonking noise on tub floor when applying pressure / pushing down by hand. Jobsite inspections Photos 58 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Refer to pic #59- No issues noted with the shower panels Jobsite inspections Photos 59 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Refer to pic #59- No issues noted with the shower panels Jobsite inspections Photos 60 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Missing hardware for water stopper. Left side sink Jobsite inspections Photos 61 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Clonking noise on shower pan when pressure applied by hand Jobsite inspections Photos 62 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Door stop/doo jam was s. Finish nail holes exposed. Jobsite inspections Photos 63 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Door jam / door stop was splitting. Finish nail holes exposed. Jobsite inspections Photos 64 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Garage trim gap. Jobsite inspections Photos 65 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Garage trim gap. Jobsite inspections Photos 66 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Door was not painted on top side. Jobsite inspections Photos 67 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Bottom of trim was not painted Jobsite inspections Photos 68 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Corner trim was damaged – Unable to determine who is responsible. Jobsite inspections Photos 69 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Corner trim was damaged – Unable to determine who is responsible Jobsite inspections Photos 70 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Master bedroom door front panel was separating. Door was replace by R Jobsite inspections Photos 71 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Door is split on top right corner Master bedroom Jobsite inspections Photos 72 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Tub installation was not completed. Hardware missing, tub not connected to drain Jobsite inspections Photos 73 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Tub installation was not completed. Hardware missing, tub not connected to drain Jobsite inspections Photos 74 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212 Jobsite inspections Photos 75 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Corner of sink counter top was lose. Refer to pic #75 Jobsite inspections Photos 76 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Nail pops on drywall. Water closet MB Jobsite inspections Photos 77 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Nail holes on door stop are not covered. Jobsite inspections Photos 78 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Master bedroom vanity drawer did not completely closed. Jobsite inspections Photos 79 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Paint missing on door top corner. Door operated as intended Jobsite inspections Photos 80 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Drywall crack on kitchen ceiling. Jobsite inspections Photos 81 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Bubbles / residue of unknown material on left side sink. Jobsite inspections Photos 82 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Residue of unknown material on left side sink. Unable to determine cause. Jobsite inspections Photos 83 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Drywall texture imperfection (kitchen area) Jobsite inspections Photos 84 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Drywall texture imperfections (kitchen area) Jobsite inspections Photos 85 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Crack on kitchen cabinet (Above refrigerator Area) Jobsite inspections Photos 86 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Excessive gap between top shelve and drywall. Jobsite inspections Photos 87 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Excessive gap between top shelve and drywall. Jobsite inspections Photos 88 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Wall was bowed in the area where shelve presents the gap. Jobsite inspections Photos 89 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Gap between toe kick plate and flooring. Inconsistent caulking application. Jobsite inspections Photos 90 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Drawer did not completely closed (bottom drawer by oven) Lees than 1/16” before hitting the bumper Jobsite inspections Photos 91 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Seam on kitchen counter top (back side) was readily visible and the surface was not smooth in comparison with the seam on the front. Jobsite inspections Photos 92 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Noticeable gaps on the sliding door frame Jobsite inspections Photos 93 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Noticeable gaps on the sliding door frame Jobsite inspections Photos 94 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Paint missing on door. Door was fixed / adjusted but area was not painted. Jobsite inspections Photos 95 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Excess paint on top of door. Jobsite inspections Photos 96 Case No: 2024-..804 Investigator: Albert Bernal #214 Inspection Date: 3/1/2024 Inspection Time: 9:30 AM Address: 11312 E. Unity Ave. Mesa AZ, 85212

Caulking application was inconsistent on top of door (pantry/ kitchen area) Complainant: Mark Boseck 11312 E. Unity Ave. Mesa, AZ 85212

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Respondent: Ashton Woods Construction LLC DBA: 8655 E Via De Ventura Ste F250 Scottsdale, AZ 85258-3598

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 March 20, 2024

License No. ROC 179540

Re:Complaint No. 2024-00804

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on April 9, 2024.

RESTRICTIONS • You may not perform or hire other contractors to perform work that is outside the scope of your license. • If your license is currently suspended for administrative reasons 1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.

DIRECTIVE REQUIREMENTS You are directed to remedy the following violations by the appropriate means:

Investigator’s Observation: Verified. I noted that the master bathroom tub was in place, but the installation was not complete.

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Respondent shall complete tub installation as per original contract agreement, properly executed change orders, verbal agreements, local building codes and manufacturers installation instructions. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Compliance Item: 4 - Kitchen cabinet over top of the refrigerator has a crack and Ashton Woods sent out a worker to try and paint over it. This item was replaced after we moved in January. 2023. Investigator’s Observation: Verified. Kitchen cabinet face area by the refrigerator was cracked. It appears that the area was repaired prior to this JSI; however, the crack was readily noticeable. Respondent is aware of the issue and agreed to correct it. Respondent shall correct by the appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 * Walls shown to me and checked with a level were located in the Bedroom #1, water closet, garage, hallway, office, game room, and master bedroom. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Compliance Item: 9 - Facia and bird boards repair, crack bird board south bedroom & west bathroom & over the pop out and inner entry. ; Investigator’s Observation: Verified. I noted several bird blocks were cracked in the areas described in this complaint item. I was also shown bird blocks on the west side wall that were caulked but not painted. *Finish paint caulk used to seal gap between bird block / trusses areas on the west side wall. *Correct bird blocks that have large splits/cracks Respondent shall correct by the appropriate means. *Fascia areas shown to me are considered an aesthetic issue and it is negligible therefore, no further action will be taken Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards

Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards

Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Compliance Item: 17 - Jack n jill sinks are uneven from marble repairs when we moved in, and Ashton Woods had to repair due to patch work. ; Investigator’s Observation: The complaint refers to material residue present on the sinks after repairs were performed. Verified. I noted an unknown material residue was present on both sinks of the Jack n jill. (Sinks surface not smooth in some areas, and bubbles from the residue were noted.) Respondent shall correct by the appropriate means Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards

Compliance Item: 18- Outside roof tiles are uneven and the trim work under the roof tiles was fixed and now you can see the white foam is exposed Investigator’s Observation: I noted that several overhang roof tiles were not aligned properly. Roof tiles should be installed in a reasonably straight line. This issue was noted in several areas around the roof overhang perimeter. Respondent shall correct by the appropriate means Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards

Compliance Item: 19-Inperfections on stem concrete stem wall. *This complaint item was added to the complaint during the JSI. Respondent agreed to inspect. Investigator’s Observation: Verified. Excess concrete residue, and wood pieces were imbedded and /or adhered to the concrete stem walls. The excess residue of this materials was excessive and readily noticeable from a standing position. This was noted in several areas around the concrete stem wall perimeter

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Respondent shall correct by the appropriate means Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Compliance Item: 15- Missing mortar under the shower pan in the master bathroom & in the jack n jill bathroom. Investigator’s Observation: The conditions describe by the Complainant were very minor, they are not consider to be excessive; therefore insufficient evidence to verify this as poor work. Governing Rule: N/A

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

Sincerely,

Albert Bernal Albert Bernal, Investigator [number redacted] [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

CC: Respondent Complainant

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Complainant: Mark Boseck 11312 E. Unity Ave. Mesa, AZ 85212

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

C012 12/23 Respondent: Ashton Woods Construction LLC DBA: 8655 E Via De Ventura Ste F250 Scottsdale, AZ 85258-3598

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

C012 12/23 April 26, 2024

Compliance Jobsite Inspection Notice Re: Complaint No. 2024-00804

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for Wednesday, May 15, 2024 at 09:00 AM to determine the current status of the items listed on the issued Directive.

The Complainant is required to be present for this inspection. The Respondent is encouraged to be present but is not required to attend.

Complainant: SAFE ACCESS IS REQUIRED TO ANY AREA TO BE INSPECTED.

Sincerely,

Albert Bernal Albert Bernal, Investigator [number redacted] [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

CC: Respondent Complainant

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

C012 12/23 Jobsite inspections Photos 1 Case No: 2023- Investigator: Albert Bernal #214 Inspection Date: 4/10/2023 Inspection Time: Address:

Front of residence Jobsite inspections Photos 2 Case No: 2023- Investigator: Albert Bernal #214 Inspection Date: 4/10/2023 Inspection Time: Address:

Repairs were completed- texture had excessive flat areas. Jobsite inspections Photos 3 Case No: 2023- Investigator: Albert Bernal #214 Inspection Date: 4/10/2023 Inspection Time: Address:

Repairs were completed- texture had excessive flat areas. Jobsite inspections Photos 4 Case No: 2023- Investigator: Albert Bernal #214 Inspection Date: 4/10/2023 Inspection Time: Address:

Repairs were complete –Hairline stucco cracks. Not excessive in numbers/ and or in width Jobsite inspections Photos 5 Case No: 2023- Investigator: Albert Bernal #214 Inspection Date: 4/10/2023 Inspection Time: Address:

Repairs were complete –Hairline stucco cracks. Not excessive in numbers/ and or in width Jobsite inspections Photos 6 Case No: 2023- Investigator: Albert Bernal #214 Inspection Date: 4/10/2023 Inspection Time: Address:

White paint of fascia Jobsite inspections Photos 7 Case No: 2023- Investigator: Albert Bernal #214 Inspection Date: 4/10/2023 Inspection Time: Address:

Repairs were complete –Hairline stucco cracks. Not excessive in numbers/ and or in width. Less than 1/16” Jobsite inspections Photos 8 Case No: 2023- Investigator: Albert Bernal #214 Inspection Date: 4/10/2023 Inspection Time: Address:

Repairs were complete –Hairline stucco cracks. Not excessive in numbers/ and or in width. Less than 1/6” Jobsite inspections Photos 9 Case No: 2023- Investigator: Albert Bernal #214 Inspection Date: 4/10/2023 Inspection Time: Address:

Tape in place – unable to see any issues Jobsite inspections Photos 10 Case No: 2023- Investigator: Albert Bernal #214 Inspection Date: 4/10/2023 Inspection Time: Address:

Roof line was corrected –paint missing on metal drip edge Jobsite inspections Photos 11 Case No: 2023- Investigator: Albert Bernal #214 Inspection Date: 4/10/2023 Inspection Time: Address:

Roof edge was corrected. Jobsite inspections Photos 12 Case No: 2023- Investigator: Albert Bernal #214 Inspection Date: 4/10/2023 Inspection Time: Address: Jobsite inspections Photos 13 Case No: 2023- Investigator: Albert Bernal #214 Inspection Date: 4/10/2023 Inspection Time: Address:

Truss tail –nail splintered the end of the truss tail. Tail missing wood. Jobsite inspections Photos 14 Case No: 2023- Investigator: Albert Bernal #214 Inspection Date: 4/10/2023 Inspection Time: Address:

Wall was straight- texture was flat in several repaired areas. Jobsite inspections Photos 15 Case No: 2023- Investigator: Albert Bernal #214 Inspection Date: 4/10/2023 Inspection Time: Address:

Wall was straight- texture was flat in several repaired areas. Jobsite inspections Photos 16 Case No: 2023- Investigator: Albert Bernal #214 Inspection Date: 4/10/2023 Inspection Time: Address:

Wall was straight- texture was flat in several repaired areas. Jobsite inspections Photos 17 Case No: 2023- Investigator: Albert Bernal #214 Inspection Date: 4/10/2023 Inspection Time: Address:

Wall was straight- texture was flat in several repaired areas. Jobsite inspections Photos 18 Case No: 2023- Investigator: Albert Bernal #214 Inspection Date: 4/10/2023 Inspection Time: Address:

Wall was straight- texture was flat in several repaired areas. Jobsite inspections Photos 19 Case No: 2023- Investigator: Albert Bernal #214 Inspection Date: 4/10/2023 Inspection Time: Address:

Wall was straight- texture was flat in several repaired areas. Jobsite inspections Photos 20 Case No: 2023- Investigator: Albert Bernal #214 Inspection Date: 4/10/2023 Inspection Time: Address:

Wall was straight- texture was flat in several repaired areas. Jobsite inspections Photos 21 Case No: 2023- Investigator: Albert Bernal #214 Inspection Date: 4/10/2023 Inspection Time: Address:

Wall was straight- texture was flat in several repaired areas Jobsite inspections Photos 22 Case No: 2023- Investigator: Albert Bernal #214 Inspection Date: 4/10/2023 Inspection Time: Address:

Wall was straight- texture was flat in several repaired areas Jobsite inspections Photos 23 Case No: 2023- Investigator: Albert Bernal #214 Inspection Date: 4/10/2023 Inspection Time: Address:

Wall was straight- texture was flat in several repaired areas Jobsite inspections Photos 24 Case No: 2023- Investigator: Albert Bernal #214 Inspection Date: 4/10/2023 Inspection Time: Address:

Wall was straight- texture was flat in several repaired areas Jobsite inspections Photos 25 Case No: 2023- Investigator: Albert Bernal #214 Inspection Date: 4/10/2023 Inspection Time: Address:

Wall was straight- texture was flat in several repaired areas Jobsite inspections Photos 26 Case No: 2023- Investigator: Albert Bernal #214 Inspection Date: 4/10/2023 Inspection Time: Address:

Wall was straight- texture was flat in several repaired areas Jobsite inspections Photos 27 Case No: 2023- Investigator: Albert Bernal #214 Inspection Date: 4/10/2023 Inspection Time: Address:

Wall was straight- texture was flat in several repaired areas Jobsite inspections Photos 28 Case No: 2023- Investigator: Albert Bernal #214 Inspection Date: 4/10/2023 Inspection Time: Address:

Wall was straight- texture was flat in several repaired areas Jobsite inspections Photos 29 Case No: 2023- Investigator: Albert Bernal #214 Inspection Date: 4/10/2023 Inspection Time: Address:

Wall was straight- texture was flat in several repaired areas Jobsite inspections Photos 30 Case No: 2023- Investigator: Albert Bernal #214 Inspection Date: 4/10/2023 Inspection Time: Address:

Electrical light switch cover plate missing Jobsite inspections Photos 31 Case No: 2023- Investigator: Albert Bernal #214 Inspection Date: 4/10/2023 Inspection Time: Address:

Nail mark Jobsite inspections Photos 32 Case No: 2023- Investigator: Albert Bernal #214 Inspection Date: 4/10/2023 Inspection Time: Address:

Drain stoppers not working properly Jobsite inspections Photos 33 Case No: 2023- Investigator: Albert Bernal #214 Inspection Date: 4/10/2023 Inspection Time: Address:

Drywall crack between wood shelve and drywall Jobsite inspections Photos 34 Case No: 2023- Investigator: Albert Bernal #214 Inspection Date: 4/10/2023 Inspection Time: Address:

Drain stop not working properly. P trap /plumbing not plumbed. Jobsite inspections Photos 35 Case No: 2023- Investigator: Albert Bernal #214 Inspection Date: 4/10/2023 Inspection Time: Address:

Top of door painted. Jobsite inspections Photos 36 Case No: 2023- Investigator: Albert Bernal #214 Inspection Date: 4/10/2023 Inspection Time: Address:

Top of door not painted Jobsite inspections Photos 37 Case No: 2023- Investigator: Albert Bernal #214 Inspection Date: 4/10/2023 Inspection Time: Address:

Inconsistent caulk application Jobsite inspections Photos 38 Case No: 2023- Investigator: Albert Bernal #214 Inspection Date: 4/10/2023 Inspection Time: Address:

Door stop and baseboard paint application was inconsistent. Jobsite inspections Photos 39 Case No: 2023- Investigator: Albert Bernal #214 Inspection Date: 4/10/2023 Inspection Time: Address:

Inconsistent caulk application (top of door casing) Jobsite inspections Photos 40 Case No: 2023- Investigator: Albert Bernal #214 Inspection Date: 4/10/2023 Inspection Time: Address:

Inconsistent caulk application (top of door casing) Jobsite inspections Photos 41 Case No: 2023- Investigator: Albert Bernal #214 Inspection Date: 4/10/2023 Inspection Time: Address:

Inconsistent caulk application (top of door casing) Jobsite inspections Photos 42 Case No: 2023- Investigator: Albert Bernal #214 Inspection Date: 4/10/2023 Inspection Time: Address:

Screw showing –drywall and caulk application inconsistent Jobsite inspections Photos 43 Case No: 2023- Investigator: Albert Bernal #214 Inspection Date: 4/10/2023 Inspection Time: Address:

Cabinet skin was corrected – door gap was excessive, and need adjustment Jobsite inspections Photos 44 Case No: 2023- Investigator: Albert Bernal #214 Inspection Date: 4/10/2023 Inspection Time: Address:

Cabinet skin was corrected – door gap was excessive, and need adjustment Jobsite inspections Photos 45 Case No: 2023- Investigator: Albert Bernal #214 Inspection Date: 4/10/2023 Inspection Time: Address:

Drywall texture was inconsistent on wall next to kitchen cabinet Jobsite inspections Photos 46 Case No: 2023- Investigator: Albert Bernal #214 Inspection Date: 4/10/2023 Inspection Time: Address:

Grout line between tile and toe kick was corrected. Jobsite inspections Photos 47 Case No: 2023- Investigator: Albert Bernal #214 Inspection Date: 4/10/2023 Inspection Time: Address:

Grout line between tile and toe kick was corrected. Jobsite inspections Photos 48 Case No: 2023- Investigator: Albert Bernal #214 Inspection Date: 4/10/2023 Inspection Time: Address:

Stem wall corrections were completed. Jobsite inspections Photos 49 Case No: 2023- Investigator: Albert Bernal #214 Inspection Date: 4/10/2023 Inspection Time: Address:

Stem wall corrections were completed. Paint did not covered the totality of the surface in some areas Jobsite inspections Photos 50 Case No: 2023- Investigator: Albert Bernal #214 Inspection Date: 4/10/2023 Inspection Time: Address:

Wall /trim corrected Jobsite inspections Photos 51 Case No: 2023- Investigator: Albert Bernal #214 Inspection Date: 4/10/2023 Inspection Time: Address:

Paver’s low area was corrected Jobsite inspections Photos 52 Case No: 2023- Investigator: Albert Bernal #214 Inspection Date: 4/10/2023 Inspection Time: Address:

Paver’s low area was corrected Complainant: Mark Boseck 11312 E. Unity Ave. Mesa, AZ 85212

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Respondent: Ashton Woods Construction LLC DBA: 8655 E Via De Ventura Ste F250 Scottsdale, AZ 85258-3598

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Case No.: 2024-00804 Investigator: Albert Bernal Inspection Date: Wednesday, May 15, 2024 Inspection Time: 09:00 AM

Compliance Jobsite General Notes: Both parties were present at this CJSI. This Compliance Inspection was to evaluate the current conditions of item(s) requiring corrective action as stated on the Directive. Those item(s) are listed below. Compliance Findings:

Compliance Item: 1- Master Bathtub has not been completed. I have been in our new home now just over the one-year mark and we still no not have a working master bathroom tub. No plumbing just sitting inside of the hole. Investigator’s Observation: Verified. I noted that the master bathroom tub was in place, but the installation was not complete Respondent shall complete tub installation as per original contract agreement, properly executed change orders, verbal agreements, and local building codes and manufacturers installation instructions. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards. Compliance Inspection Findings for this item: This item has been corrected The complainant stated this has been fixed

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 * Verified. Door in the linen close master bathroom split/damage Respondent is aware of the issue and agreed to correct it. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards Compliance Inspection Findings for this item: This item was not compliant. • Paint on door stops was inconsistent, some door stops were painted at the bottom, and some of them were not. • Some door’s top surfaces were painted to cover the area, other top surfaces were fogged painted. Paint application was not consistent.

Compliance Item: 3 - Missing paint and dripping paint on trim and shelving. Pantry room & Master Bathroom, Laundry room, Half bathroom, both spare bedrooms and jack n jill bathroom and the entryway closet. Investigator’s Observation: Complaint item was addressed in complaint #2 Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards Compliance Inspection Findings for this item: This item was not compliant. Areas inspected were painted; however, caulking application was inconsistent on top of door casing in all rooms listed above.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Compliance Inspection Findings for this item: This item was not compliant. Cabinet face crack was corrected; however, there was a big gap between cabinet door and cabinet face.

Compliance Item: 6 - Bowed studs in the Gameroom & Spare bedroom & Master bedroom. Investigator’s Observation: Verified: Several walls were checked throughout the residence with a 4’ level, and an 8’ level, and several of the inspected walls were bowed (1/4” approximately) exceeding the minimum industry standard “Stud walls should be flat and not bulge more than 3/8" in 8'. The Respondent is to identify the walls that exceed the standard noted above, and correct by appropriate means * Walls shown to me and checked with a level were located in the Bedroom #1, water closet, garage, hallway, office, game room, and master bedroom. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards Compliance Inspection Findings for this item: This item was not compliant.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 • Garage wall was partially corrected. There was an area of the garage wall (left side wall) that was not corrected and the bow on this area measured (1/4” approximately) exceeding the minimum industry standard. • Drywall texture was inconsistent. Several flat areas and tool marks were present and readily visible in multiple walls where repairs were performed. “A properly finished texture shall be uniform and consistent in appearance, while taking into consideration that some variation is typical and to be expected in hand applied textures. The finished surface shall be free of tool marks, and excessive flat areas”. • Electrical switch covered plate was removed and not replaced.

Compliance Item: 8 - Outside stress cracks on the stucco. ; Investigator’s Observation: Verified. I noted several stucco cracks throughout the exterior walls of the residence. Although, several of the stucco cracks shown to me measured 1/16” and were within the minimum industry standards (regarding width) there were several areas where the amount of cracks was excessive. The areas that need to be corrected are as follow. *West side exterior wall. *Back wall below window area (west side) 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 *Back covered patio ceiling. *East side below the microwave vent area. *Back-east side corner. Respondent shall correct by the appropriate means Compliance Inspection Findings for this item: This item is compliant. Stucco cracks shown to me at this CJIS measured less than 1/16” in width and were not excessive in quantity. Stucco cracks were within the standard’s tolerance of “1/16” or less” in width.

Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards Compliance Inspection Findings for this item: This item was compliant.

Compliance Item: 9 - Facia and bird boards repair, crack bird board south bedroom & west bathroom & over the pop out and inner entry. ; Investigator’s Observation: Verified. I noted several bird blocks were cracked in the areas described in this complaint item. I was also shown bird blocks on the west side wall that were caulked but not painted. *Finish paint caulk used to seal gap between bird block / trusses areas on the west side wall. *Correct bird blocks that have large splits/cracks Respondent shall correct by the appropriate means. *Fascia areas shown to me are considered an aesthetic issue and it is negligible therefore, no further action will be taken Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards Compliance Inspection Findings for this item: This item was not compliant. One truss tail had a big split, and wood was missing from the truss tail area. Damage was caused by a nail. It also appears that while making corrections to the written directive items wrong color paint was applied to the fascia board at the covered patio area and it was readily visible.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Compliance Item: 11- Outside pavers Ashton woods had repaired due to sink hole and pavers are still sinking in. Investigator’s Observation: Verified. I noted various sunken pavers on the front right side of the driveway. The pavers inspected settled more than ¼”. Respondent shall correct by the appropriate means Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards Compliance Inspection Findings for this item: This item has been corrected The complainant stated this has been fixed.

Compliance Item: 12- Trim in Master bathroom have not been nailed in and missing paint. Investigator’s Observation: verified. The complaint items refers to the door stop on the master bathroom door. I noted that several pinholes on the door stop (finish nails) were readily visible. Respondent shall correct by the appropriate means Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards Compliance Inspection Findings for this item: This item has been corrected The complainant stated this has been fixed.

Compliance Item: 13 - Bottom trim gaps in the kitchen. Investigator’s Observation: Verified. I noted a separation (gap) between the flooring -Grout line and the toe kick under the kitchen cabinets. Respondent shall correct by the appropriate means Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Compliance Inspection Findings for this item: This item was complaint.

Compliance Item: 14 - Trim gaps in the garage. Investigator’s Observation: Verified. I was shown two sections of trim in the garage where the trim had readily visible gaps. Area next to the interior garage door, and left side back corner (Garage back wall). Respondent shall correct by the appropriate means Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards Compliance Inspection Findings for this item: This item has been corrected The complainant stated this has been fixed.

Compliance Item: 16- Sink in the jack n jill bathroom missing hardware to plug the sink. Investigator’s Observation: Verified. I noted that the hardware for the sink stopper (water plug) was missing on the left side sink. Respondent shall correct by the appropriate means Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards Compliance Inspection Findings for this item: This item has not been corrected Drain stoppers did not work properly.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Compliance Item: 17 - Jack n jill sinks are uneven from marble repairs when we moved in, and Ashton Woods had to repair due to patch work. ; Investigator’s Observation: The complaint refers to material residue present on the sinks after repairs were performed. Verified. I noted an unknown material residue was present on both sinks of the Jack n jill. (Sinks surface not smooth in some areas, and bubbles from the residue were noted.) Respondent shall correct by the appropriate means Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards Compliance Inspection Findings for this item: This item has been corrected The complainant stated this has been fixed.

Compliance Item: 18- Outside roof tiles are uneven and the trim work under the roof tiles was fixed and now you can see the white foam is exposed Investigator’s Observation: I noted that several overhang roof tiles were not aligned properly. Roof tiles should be installed in a reasonably straight line. This issue was noted in several areas around the roof overhang perimeter. Respondent shall correct by the appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards Compliance Inspection Findings for this item: This item was not compliant. Roof line was correct (roof line was straight) However, paint was missing on a section of the drip edge in the area where repairs were done.

Compliance Item: 19-Inperfections on stem concrete stem wall. *This complaint item was added to the complaint during the JSI. Respondent agreed to inspect.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Investigator’s Observation: Verified. Excess concrete residue, and wood pieces were imbedded and /or adhered to the concrete stem walls. The excess residue of this materials was excessive and readily noticeable from a standing position. This was noted in several areas around the concrete stem wall perimeter Respondent shall correct by the appropriate means Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards Compliance Inspection Findings for this item: This item was not compliant. Excess concrete and wood pieces were remove from stem wall; however, the finished paint application did not covered several areas of the stem wall in its totality. These areas were readily visible.

Note:

Please review the complaint items listed above. If any of the items have not been corrected at the time of the compliance inspection this complaint will be forwarded to the Registrar’s legal department and a citation may be issued.

If all items are corrected after receipt of this letter, please notify the Registrar’s legal department by sending a notice of compliance signed by the complainant to fax number (602) 364-0416 or by mail to: Arizona Registrar of Contractors, P.O. Box 18244, Phoenix, Arizona 85005-8244. Sincerely,

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Albert Bernal, Investigator #241 (480) 493-7742 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

CC: Respondent Complainant

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Mark Boseck, Case No. 2024-00804 COMPLAINANT, v. Ashton Woods Construction LLC, CITATION License No. ROC 179540,

RESPONDENT.

The Registrar issues this Citation to Ashton Woods Construction LLC (“Respondent”)

under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by June 28, 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.

THE WRITTEN COMPLAINT

On January 21, 2024, Mark Boseck (“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

violations of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged

with violating:

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Charge :1 A.R.S. § 32-1154(A)(3)-R4-9-108(a)

Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A

contractor shall perform all work in a professional and workmanlike manner.

Charge :2 A.R.S. § 32-1154(A)(22)

Failure to take appropriate corrective action to comply with this chapter or with

rules adopted pursuant to this chapter without valid justification within a

reasonable period of time after receiving a written directive from the Registrar.

The written directive shall set forth the time within which the contractor is to

complete the remedial action. The time permitted for compliance shall not be

less than fifteen days from the date of issuance of the directive. A license shall

not be revoked or suspended nor shall any other penalty be imposed for a

violation of this paragraph until after a hearing has been held.

If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license 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 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. 2024-00804.

How to File a Written Answer: Respondent’s written answer may be submitted in 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 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. 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 June 28, 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. THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of

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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 Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license 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 should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 charge 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 June 13, 2024. By: /s/ Doug Ulmer Doug Ulmer Legal Assistant Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, June 13, 2024 to: Respondent Certified Mail No: [number redacted] Ashton Woods Construction LLC 8655 E. Via De Ventura Ste. F250 Scottsdale, AZ 85258-3598

Copy mailed by USPS First Class mail this same date to: Respondent Ashton Woods Construction LLC 8655 E. Via De Ventura Ste. F250 Scottsdale, AZ 85258-3598 Complainant Mark Boseck 11312 E. Unity Ave. Mesa, AZ 85212 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. 2024-00804/du

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

Mark Boseck Mailing Address (Enter jobsite in Contract/Project section) City State Zip

11312 E. Unity Ave. Mesa Arizona 85212 Phone Number Email

(602) 919-0294 [email redacted] I consent to receive communications electronically in connection with this case Name of Attorney (if any)

Street Address of Attorney City State Zip

Phone Number of Attorney Email of Attorney

Contractor Information Name (as shown on contract/invoice) ROC License Number(s)

Ashton Woods Construction LLC ROC 179540 Street Address City State Zip

8655 E Via De Ventura Ste F250 Scottsdale AZ 85258-3598 Phone Number Email

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

Kennth Scott Balogh Contract/Project Information Contract Date Contract Amount Amount Paid

December 22, 2022 $599,999.00 $599,999.00 Date Work Started Date Work Stopped Date Work Was Completed

December 28, 2022 January 19, 2024 Close of Escrow (New Home) Move-In Date (New-Home)

December 22, 2022 December 28, 2022 Jobsite Street Address City State Zip

11312 E. Unity Ave. Mesa AZ 85212 Name of Construction Site Owner Construction Site Name (if applicable)

Mark Boseck Destination at Gateway Phone Number of Construction Site Owner Email of Construction Site Owner

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

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

Has any work been corrected? Yes Ashton Woods Contractors The contract was Both All change orders were Both This project was Residential This project involved New Home

A building permit was obtained by Contractor N/A Mesa List and briefly describe each complaint item (Please do not write "see attached" or use additional pages unless necessary to further describe issues or list more complaint items) (limited to 100 characters per line)

Master Bathtub has not been completed. I have been in our new home now just over the one-year mark and we still no not have a working master bathroom tub. No plumbing just sitting inside of the hole. ; Interior door in all rooms. I have had the doors fixed, repainted, and adjusted and still having the same issue. Missing paint on the top and bottom of the doors. New doors that have just been replaced are now splitting.; Missing paint and dripping paint on trim and shelving. Pantry room & Master Bathroom, Laundry room, Half bathroom, both spare bedrooms and jack n jill bathroom and the entryway closet. ; Kitchen cabinet over top of the refrigerator has a crack and Ashton Woods sent out a worker to try and paint over it. This item was replaced after we moved in January. 2023. ; Pantry shelves have a 1/4 to 1/2 gap to the wall. ; Bowed studs in the Gameroom & Spare bedroom & Master bedroom.; Drywall repair in the entryway. ; Outside stress cracks on the stucco. ; Facia and bird boards repair, crack bird board south bedroom & west bathroom & over the pop out and inner entry. ; AC pad is sitting on the dirt for water to run through. ; Outside pavers Ashton woods had repaired due to sink hole and pavers are still sinking in.; Trim in Master bathroom have not been nailed in and missing paint. Bottom trim gaps in the kitchen. Trim gaps in the garage. ; Missing mortar under the shower pan in the master bathroom & in the jack n jill bathroom. ; Sink in the jack n jill bathroom missing hardware to plug the sink. ; Jack n jill sinks are uneven from marble repairs when we moved in, and Ashton Woods had to repair due to patch work. ; Outside roof tiles are uneven and the trim work under the roof tiles was fixed and now you can see the white foam is exposed.

Signature I declare under penalty of perjury that the information and documents contained on this Complaint Form, included with this complaint, or hereafter submitted in support of this complaint are true and accurate to the best of my knowledge. I will assist in the investigation or in the prosecution of the contractor or other parties, and will, if necessary, attend hearings and testify to facts. Printed Name Signature Date

Mark Boseck \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 RE: A New Warranty Request Has Been Received

From: PHX Warranty ([email redacted]) To: [email redacted]

Date: Wednesday, February 22, 2023 at 08:33 AM PST

Good morning Mark,

Thank you for reaching out to the warranty team. I have forwarded your cabinet, trim, drywall, and tile concerns to our Construction Superintendent Cody. He should reach out to you regarding them soon.

I have issued a work order for your water heater, sinks, and shower door trim. Once I have confirmed service appointments, I will let you know.

As far as your lighting request regarding flickering bulbs. Have you tried changing out the light bulbs in those areas to see if that stops the flickering? We do not warranty light bulbs.

Thank you.

Alicia Halleman Customer Care Coordinator Ashton Woods - Phoenix Division 8655 E Via de Ventura, Suite F – 250 | Scottsdale, AZ 85258 O: (480) 621-3597 [email redacted] | ashtonwoods.com

Ashton Woods Homes reserves the right to change plans, specifications and pricing without notice in its sole discretion. Square footage is approximate and window, floor and ceiling elevations are approximate, subject to change without prior notice or obligation and may vary by plan elevation and/or community. Special wall and window treatments, upgraded flooring, fireplace surrounds, landscape and other features in and around the model homes are designer suggestions and not included in the sales price. All renderings, color schemes, floor plans, maps and displays are artists’ conceptions and are not intended to be an actual depiction of the home or its surroundings. Basements are available subject to site conditions. Home site premiums may apply. Please see Sales Representative for additional information. This is not an offer to sell real estate, or solicitation to buy real estate, in any jurisdiction where prohibited by law or in any jurisdiction where prior registration is required, including New York and New Jersey.

From: [email redacted] <[email redacted]> On Behalf Of Salesforce Support Sent: Tuesday, February 21, 2023 3:02 PM To: Customer Service Phoenix <[email redacted]> Subject: A New Warranty Request Has Been Received

Link to Warranty Request Case - 00041589: 2/21/2023 Warranty Request for Destination - Expedition Community - Lot 77 Warranty Request

User Details:

Name: Mark Boseck

Email: [email redacted]

Phone: [number redacted]

Address:11312 E Unity Ave;MESA;AZ;85212

Did the owner submit updated contact information: no

Lot Details:

Lot Id: 145871

Lot Number: 77

Closing Date: 12/22/2022

Lot was Model: No

Offer Id: 139888

REQUEST DETAILS:

Request Priority: Emergency Number of Deficiencies included: 8

Deficiency 1

Issue Type: CAB ISSUE DESCRIPTION: Cabinets and Crown Molding and trim have been damaged before moving in and need addressed as well as the hardware on the cabinets. I have spoken with Cody and Frank about these issues and was told to put a claim in.

Deficiency 2

Issue Type: LIGHT ISSUE DESCRIPTION: Lighting in the master bathroom and living room and also in the kitchen flicker when using them.

Deficiency 3

Issue Type: SD ISSUE DESCRIPTION: Master bathrooms show door trim is coming out and water leaks.

Deficiency 4

Issue Type: PLUMB ISSUE DESCRIPTION: Master bathroom and jack & jill and half bath sinks don't drain and needs addressed.

Deficiency 5

Issue Type: INTRIM ISSUE DESCRIPTION: Crown molding & the trim around the kitchen cabinets was damaged when the stove countertop was fixed. I was told to put a claim in.

Deficiency 6

Issue Type: DRYWAL ISSUE DESCRIPTION: Entryway east wall was repaired before moving in but the drywall does not match and you can see the patch work that had been done. Met with Cody and showed him the area and was told to submit to be repaired.

Deficiency 7

Issue Type: FLOOR ISSUE DESCRIPTION: Tile cracked in the Master bathroom and was damaged prior to moving in and was told to submit a claim.

Deficiency 8

Issue Type: APL ISSUE DESCRIPTION: After two showers the hot water turns cold and takes 2 hours before heating up again. RE: Report Ready

From: Elizabeth Schlicht ([email redacted]) To: [email redacted]

Date: Wednesday, December 13, 2023 at 11:24 AM PST

Hi Mark,

I just wanted to send you a quick reminder that I’ll be over at your house tomorrow at 1pm to go through your home inspection list of items.

Thanks,

Liz Schlicht Customer Care Representative Ashton Woods - Phoenix Division 8655 E. Via De Ventura Suite F-250 | Scottsdale, AZ 85258 C 602 849 1898

[email redacted] | ashtonwoods.com

From: Elizabeth Schlicht Sent: Wednesday, November 22, 2023 12:05 PM To: MARK BOSECK <[email redacted]> Subject: RE: Report Ready

Great, thanks Mark!

Liz Schlicht Customer Care Representative Ashton Woods - Phoenix Division

8655 E. Via De Ventura Suite F-250 | Scottsdale, AZ 85258 C 602 849 1898

[email redacted] | ashtonwoods.com

From: MARK BOSECK <[email redacted]> Sent: Wednesday, November 22, 2023 7:26 AM To: Elizabeth Schlicht <[email redacted]> Subject: Re: Report Ready

Good morning Liz,

I can make these dates work.

Thanks,

Mark B.

Sent from my iPhone

On Nov 21, 2023, at 2:37 PM, Elizabeth Schlicht <[email redacted]> wrote: Hi Mark,

I just wanted to touch base in regards to scheduling for the tub replacement –

I will need 5 days in order to schedule out the tub repairs. Please see the dates below highlighted in yellow and let me know if the dates me know by tomorrow, if possible, so I can confirm the dates with the trades and they can get the tub ordered.

Thanks,

Day 1 (YB PLUMB) - Monday, 12/04 @ 8AM - Remove plumbing & remove tub, drop off square tub & leave in garage. Day 1 (MARLAM MARBLE) - Monday, 12/04 @ 10AM-12PM - Remove marble tub deck, back & side panels do not need removed. Day 2 (MARLAM MARBLE & JAGGER FRAME) - Tuesday, 12/05 @ 12-2PM – Marble folks to meet with framers & measure, and then accommodate new tub.

---------------- NEED TO WAIT FOR MARBLE PANELS TO BE MADE------------

Day 3 (MARLAM MARBLE) - Thursday, 12/14 @ 8-11AM - Install new marble tub deck. Day 3 (YB PLUMB) - Thursday, 12/14 @ 12-4PM - Drill holes for plumbing at tub faucet. Day 4 (YB PLUMB) - Friday, 12/15 @ 8AM-12PM - Install new tub (& install faucet for tub. Day 5 (MARLAM MARBLE) - Monday, 12/18 @ 12-4PM - Marble guys come buff/polish new deck.

<image001.jpg> Liz Schlicht Customer Care Representative Ashton Woods - Phoenix Division

8655 E. Via De Ventura Suite F-250 | Scottsdale, AZ 85258 C 602 849 1898

[email redacted] | ashtonwoods.com

From: Elizabeth Schlicht Sent: Monday, November 20, 2023 4:45 PM To: MARK BOSECK <[email redacted]> Subject: RE: Report Ready

Hi Mark,

I just wanted to touch base and see that the door/trim folks made it out today.

Thanks,

<image001.jpg> Liz Schlicht Customer Care Representative Ashton Woods - Phoenix Division

8655 E. Via De Ventura Suite F-250 | Scottsdale, AZ 85258 C 602 849 1898 [email redacted] | ashtonwoods.com From: Elizabeth Schlicht Sent: Wednesday, November 15, 2023 7:39 AM To: MARK BOSECK <[email redacted]> Subject: Re: Report Ready

Morning Mark,

Sounds good, I’ll keep the door/trim folks on schedule and cancel the framers. You mentioned that your son will be home in the morning on Monday, so he can allow the door/trim fol know if that isn’t the case.

Thanks,

On Nov 15, 2023, at 4:40 AM, MARK BOSECK <[email redacted]> wrote:

Good morning,

I am ok with the doors on Monday thank you.

I would like to wait on the framers until we walk the house so they don’t have to come back.

I have a Dr appointment at 10:30am Monday the 20th just heads up.

Thank you.

Sent from my iPhone

On Nov 14, 2023, at 7:39 PM, Elizabeth Schlicht <[email redacted]> wrote:

Hi Mark,

The door/trim folks are only installing the 2 doors on Monday, 11/20am. They do not paint the tops of the doors, the painters w to get the doors installed as they will not warranty the doors if they do not get installed. Also, the framers will only be inspectin completing any repairs on Monday, 11/20.

Please let me know if you still want me to cancel the door/trim folks and also the framers to inspect.

Also, I am off on 11/27 & 11/28, so I can schedule to meet and go through your list of items on Wednesday, 11/29 @ 1pm. Wi

<image001.jpg> Liz Schlicht Customer Care Representative Ashton Woods - Phoenix Division 8655 E. Via De Ventura Suite F-250 | Scottsdale, AZ 85258 C 602 849 1898

[email redacted] | ashtonwoods.com From: MARK BOSECK <[email redacted]> Sent: Tuesday, November 14, 2023 3:38 PM To: Elizabeth Schlicht <[email redacted]> Subject: Re: Report Ready

Hi Elizabeth,

I want to wait for my last walk through with you as I have found more things that my home inspector has missed.

Paint missing in the top of all interior doors and trim repair around the doors.

My uncle is a licensed contractor and will be over the holiday weekend and wants to walk my home.

Please let me know when you are available after the holidays to do a final walk.

Please reschedule until after you have walked the home.

Thanks

Mark B

Sent from my iPhone

On Nov 14, 2023, at 9:41 AM, Elizabeth Schlicht <[email redacted]> wrote:

Hi Mark,

Quick update – I’m still waiting to hear back on the tub, as my supervisor has been off work. So, as soon as she returns

Also, as we talked about last week, I scheduled the door/trim folks to install the doors on Monday, 11/20 from 8am-12pm to come out and inspect on Monday, 11/20 from 12-4pm.

Last, the landscapers came out yesterday and repaired the leak.

Thanks,

<image001.jpg> Liz Schlicht Customer Care Representative Ashton Woods - Phoenix Division

8655 E. Via De Ventura Suite F-250 | Scottsdale, AZ 85258 C 602 849 1898

[email redacted] | ashtonwoods.com From: [email redacted] <[email redacted]> Sent: Thursday, November 9, 2023 5:58 AM To: Elizabeth Schlicht <[email redacted]> Subject: Fw: Report Ready

Good morning,

This is the items that the home inspector found.

Any new update on the tub repair? This is really taken way to long to make a decision on a tub.

Mark B.

----- Forwarded Message -----

From: J.J. Tantillo <[email redacted]>

To: "[email redacted]" <[email redacted]>

Sent: Monday, November 6, 2023 at 03:48:22 PM PST

Subject: Report Ready

Hi Mark,

The property inspection report for 11312 E Unity Ave is ready! View it here:

View PROPERTY INSPECTION

Let me know if you have any questions.

Thank you! J.J. Tantillo

Phoenix Property Inspections A-Z

602-459-6910

[email redacted]

https://www.phoenixpropertyinspectionsaz.com 3/1/24, 3:03 PM State of Arizona Mail - Re: Albert Bernal has shared "20240201 Jobsite Inspection Notice 2024-00804.pdf" + 1 files with you

Lazaro Bernal <[email redacted]>

Re: Albert Bernal has shared "20240201 Jobsite Inspection Notice 2024-00804.pdf" + files with you message

Good morning, Albert,

I would like to add these items please.

Outside window crack on the seal on west wall of the house. Arcadia door seals has a crack seals.

Bowed studs in the half bath & entry walls to garage & office room & teen room master bedroom and bathroom, both spare bedrooms, and bathroom, and the entryway, to both bedrooms, and the entryway.

Bird boards in all locations of our house have damaged bird boards and truss tails. Nails showing through under the facia.

Missing paint outside white showing.

Patio above arcadia door drywall repair.

South bedroom drywall repair.

Crack at the closet door.

crack above the counter next to the fridge.

These are also the items that went over with many of the Ashton Woods reps and still have no been completed.

I also have my one inspection list that also has not been completed.

Have a great day.

Mark B. On Tuesday, February 13, 2024 at 10:27:03 AM PST, Jarin Brooks <[email redacted]> wrote:

Good afternoon Mr. Boseck. Thank you for the availability and we will have someone there at 2 pm on 2/26.

Jarin Brooks VP of Construction Ashton Woods - Phoenix Division

8655 E. Via De Ventura Suite F-250 | Scottsdale, AZ 85258 C 480 433 9897

[email redacted] | ashtonwoods.com

Jarin,

I have Feb 26th at 2pm available for one of your representatives to do a walk through.

Please let me know if this works.

Thanks,

Mark B.

On Thursday, February 8, 2024 at 07:52:02 PM PST, Jarin Brooks <[email redacted]> wrote:

Jarin Brooks VP of Construction Ashton Woods - Phoenix Division

8655 E. Via De Ventura Suite F-250 | Scottsdale, AZ 85258 C 480 433 9897

[email redacted] | ashtonwoods.com

Good morning, Jarin.

I am available February 19 at 9am to 11am for one of your representatives to go over what I have submitted.

I sent this new list over to Albert and Albert asked me to send it to you.

Please let me know if this time and date works for you.

I would like to add these new items to my complaint please.

Master bathroom sink is not attached, when the contractor tried to fix the master bathroom tub the contractor just put silicone underneath the sink and but attached it back correctly.

I have drywall repairs by the closet at entryway and above kitchen cabinet that have large cracks.

Master bathroom sinks and Jack N Jill bathroom sinks have nicks and not finished on the culture marble.

Drywall repair on the entryway wall.

Kitchen counter seam is spreading apart.

Floor trim baseboards have gaps and also in the garage.

Please let me know if you need me to do anything before my inspection date.

Thanks,

Mark B.

On Tuesday, February 6, 2024 at 03:43:43 PM PST, Jarin Brooks <[email redacted]> wrote:

Jarin Brooks VP of Construction Ashton Woods - Phoenix Division

8655 E. Via De Ventura Suite F-250 | Scottsdale, AZ 85258 C 480 433 9897

[email redacted] | ashtonwoods.com

Albert has shared the following files with you:

Dear Respondent and Complainant- Please see link to formal complaint and jobsite inspection notice.

20240201 Jobsite Inspection Notice 2024-00804.pdf

Complaint Form.pdf.pdf

https://mail.google.com/mail/u/0/?ik=20fc683d77&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 8/8 11312 E Unity Avenue - Repairs

From: Kati Seyk ([email redacted])

To: [email redacted]; [email redacted] Cc: [email redacted]; [email redacted]

Date: Tuesday, March 28, 2023 at 01:45 PM PDT

Good afternoon Mr. & Mrs. Boseck,

Thank you for meeting with Frank, the electrician and me today. I have created a spreadsheet for all the items we reviewed.

I have scheduled the repairs for Tuesday, April 11th, Wednesday, April 12th and Thursday, April 13th. I attached a copy of the spreadsheet and the tickets.

The tile has been ordered. If it does not come in before the scheduled 4/11 appointment, we will have to reschedule. I have scheduled the minor cabinet repairs, but we are still waiting on the drawer boxes which are estimated to arrive later in April. I am working with Cody to get the light fixtures in time for the scheduled install date.

I sent photos of the paver and rock items to Gothic Landscaping. They will need to review prior to scheduling. I will update once I have received a repair date.

Please confirm Sahians completed the drywall repairs at the front hallway wall and master water closet.

Feel free to reach out with any questions. Once these items are completed, please submit any new or future service items through our service website. Thank you!

Kati Seyk Customer Care Manager Ashton Woods – Phoenix Division 8655 E Via de Ventura, Suite F – 250 | Scottsdale, AZ 85258 C 602 321 7929 [email redacted]

Boseck repairs.JPG 241.4kB

Boseck repair list 3.28 meeting.xlsx 12.2kB RE: Ashton Woods Destinations 77 po 2589 inv# 19998

From: Frank Singer ([email redacted])

To: [email redacted] Cc: [email redacted]; [email redacted]; [email redacted]

Date: Thursday, April 13, 2023 at 04:13 PM PDT

Good afternoon Mr. & Mrs. Boseck,

I was able to confirm that the painter and electrician will be back tomorrow morning. I let them know you have to leave by 10:00. Also to follow up on what we talked about earlier, here is a run down of remaining scheduled items.

Marlam for the marble- Tuesday 4/18 after 2:00 Gothic landscape- 4/20- don’t need to be home but dogs need to be inside. Encore Cabinets- They have the parts now and wanting to schedule the week of 4/24 but will need an entire day. We can also go into the first week of May. USI- waiting on the shower parts, I will try and schedule same day as cabinets.

Let me know what you think about the cabinet dates, reminder we will need to pull the oven on that day and have reinstalled at the end of day.

“Success doesn’t come from what you do occasionally, it comes from what you do consistently.” Unknown

Frank Singer Area Construction Manager Ashton Woods - Phoenix Division 8655 E Via de Ventura, Suite F – 250 | Scottsdale, AZ 85258 C 480 689 3023 [email redacted] | ashtonwoods.com

From: Margaret Boseck <[email redacted]> Sent: Thursday, April 13, 2023 1:26 PM To: Frank Singer <[email redacted]> Cc: MARK BOSECK <[email redacted]>; Jarin Brooks <[email redacted]>; Kati Seyk <[email redacted]> Subject: Re: Ashton Woods Destinations 77 po 2589 inv# 19998

Remind me again Frank who is coming tmrw ?

Thank you

Margaret Boseck

Sent from my iPhone

On Apr 13, 2023, at 10:26 AM, Margaret Boseck <[email redacted]> wrote:

Hey Frank, one more question:

Were the painters done?

I know the dates mentioned 4/12 & 4/13. I saw there is still missing paint outside the windows out back and above the patio. (Exterior)

I only saw the lady on her ladder fixing the crack line above the Sliding glass window yesterday.

They cleaned up the window bench in front of office window really nice yesterday. You can now tell there are two colors.

Let us know

Thank you

Margaret Boseck

Sent from my iPhone

On Apr 13, 2023, at 9:38 AM, Frank Singer <[email redacted]> wrote:

Mr. Boseck, I have contacted Becerra Electric and you will not receive another invoice. They had your email on file as the customer of the home. Would it be possible to have the last three outlets in the bedrooms checked tomorrow between 11-1? I also have asked that they check the ones in the attic as well.

Thank you,

“Success doesn’t come from what you do occasionally, it comes from what you do consistently.” Unknown

Frank Singer

Area Construction Manager

Ashton Woods - Phoenix Division

8655 E Via de Ventura, Suite F – 250 | Scottsdale, AZ 85258

C 480 689 3023

[email redacted] | ashtonwoods.com

From: MARK BOSECK <[email redacted]> Sent: Wednesday, April 12, 2023 4:24 PM To: Frank Singer <[email redacted]>; Jarin Brooks <[email redacted]>; Kati Seyk <[email redacted]>; Margaret Boseck <[email redacted]> Subject: Fwd: Ashton Woods Destinations 77 po 2589 inv# 19998

Hello,

I just received this email attached with a bill and not sure why it was sent to me. Thanks,

Mark B.

Sent from my iPhone

Begin forwarded message:

From: Becerra PO's <[email redacted]> Date: April 12, 2023 at 4:02:17 PM MST To: [email redacted] Cc: Abby Becerra <[email redacted]>, Rodolfo <[email redacted]> Subject: Ashton Woods Destinations 77 po 2589 inv# 19998

Good afternoon,

Attached you will find the po for Ashton Woods, Destinations 77 11312 E Unity Ave. if you have any questions please feel free to contact me at the number below.

Thank you,

Pebbles Valdez

623-925-4190

Becerra Electric, LLC RE: Follow up Master Bathtub

From: Kati Seyk ([email redacted]) To: [email redacted]

Cc: [email redacted]; [email redacted]

Date: Wednesday, May 31, 2023 at 09:21 AM PDT

Good morning,

For the first day of repairs, we will likely need a full day as we need to have the plumbers come pull the tub followed by the install of the new marble panels. The next two days we can tub and grout the floor tile to the new marble in the morning on the second day. The third day would be to buff the marble panels and that can be scheduled for either morning or afte painters in that same time frame for any minor touch ups as needed in the area.

We can also do 2 full days if that is easier for scheduling.

Thank you,

Kati Seyk Customer Service Manager Ashton Woods - Corporate Headquarters Division 8655 E Via de Ventura, Suite F - 250 | Scottsdale, AZ 85258 C 602 321 7929

[email redacted] | ashtonwoods.com

From: Margaret Boseck <[email redacted]> Sent: Wednesday, May 31, 2023 6:07 AM To: Kati Seyk <[email redacted]> Cc: Frank Singer <[email redacted]>; MARK BOSECK <[email redacted]> Subject: Re: Follow up Master Bathtub

Hi Kati

Can you share info how long they will need to be here both days.

So we plan

Thank you

Margaret Boseck

Sent from my iPhone

On May 30, 2023, at 3:57 PM, Kati Seyk <[email redacted]> wrote:

Good afternoon,

Marlam can install the new surround the week of June 19th or the following week of June 26th. As Frank mentioned, we will need 2 days for these repairs.

Please let us know what dates work for you. Thank you,

Kati Seyk Customer Care Manager Ashton Woods - Phoenix Division On May 26, 2023, at 12:50 PM, Frank Singer <frank.singer

C 602 321 7929 [email redacted] Mark & Margaret,

We have the marble install ordered but waiting for an install date. I didn’t get a chance to go over the process when I was there as we had decided to try the buff one more tim or a day and two half days to complete. First day will be pulling the tub and swapping out the marble panels and deck. This will include the back splash and side splashes. The set tub, buff marble (installer doesn’t do it) and complete any paint touch ups. Second half day in case we can’t get one of the venders to meet the schedule.

The cabinet pull outs will be in next week so we will schedule on the same day as the marble swap out.

As soon as we have a solid date back from Marlam, we will get you scheduled. Have a great 3-day weekend!

<image001.jpg> Frank Singer Area Construction Manager Ashton Woods - Corporate Headquarters Division

8665 E Via De Ventura, Suite F-250 | Scottsdale, Arizona 85258 C 480 689 3023

[email redacted] | ashtonwoods.com

From: MARK BOSECK <[email redacted]> Sent: Tuesday, May 23, 2023 3:11 PM To: Kati Seyk <[email redacted]> Cc: Margaret Boseck <[email redacted]>; Frank Singer <[email redacted]> Subject: Re: Follow up Master Bathtub

Hi Katie,

We don’t want the tub buffed out we spoke to Frank about it being replaced and was told it was on order. We will wait for the replacement to arrive. They tried to buff it three d to waste anymore of my time with this.

I will get a quote for a third part electrician and send it over.

Thanks.

Mark B

Sent from my iPhone On May 23, 2023, at 1:36 PM, Kati Seyk <[email redacted]> wrote:

Good afternoon,

Please provide us an estimate for the cost for your 3rd party electrician. We cannot approve until we see as estimate for the charge.

Marlam can return to buff the tub deck and surround. Their first available dates are Wednesday, May 31st and Friday, June 2nd with a 12-4 pm time frame. They are arrival after 2 pm. Please let us know if either of those dates work for scheduling.

Thank you,

<image001.jpg> Kati Seyk Customer Service Manager Ashton Woods - Corporate Headquarters Division

8655 E Via de Ventura, Suite F - 250 | Scottsdale, AZ 85258 C 602 321 7929

[email redacted] | ashtonwoods.com

From: Margaret Boseck <[email redacted]> Sent: Monday, May 22, 2023 12:21 PM To: Kati Seyk <[email redacted]> Cc: MARK BOSECK <[email redacted]>; Frank Singer <[email redacted]>; Jarin Brooks <[email redacted]>; Ken Balogh <ken.balog Subject: Re: Follow up Master Bathtub

Hi Katie

We are wondering why we are going backwards ?

JJ Electric couldn’t figure out the problem prior is why we went to Bacerra Electric.

Mark did not cuss out the Bacerra Electrician.

What other options is there.

We really want these problems fixed.

We are considering an Electrician that we can trust if there is any reimbursement options?

Let us know

Thank you

Margaret & Mark Boseck

Sent from my iPhone On May 22, 2023, at 12:05 PM, Kati Seyk <[email redacted]> wrote:

Good afternoon,

Frank has provided photos to Marlam. We are waiting for a response. Thank you,

<image001.jpg> Kati Seyk Customer Service Manager Ashton Woods - Corporate Headquarters Division

8655 E Via de Ventura, Suite F - 250 | Scottsdale, AZ 85258 C 602 321 7929

[email redacted] | ashtonwoods.com

From: Margaret Boseck <[email redacted]> Sent: Friday, May 19, 2023 2:38 PM To: Kati Seyk <[email redacted]> Cc: MARK BOSECK <[email redacted]>; Frank Singer <[email redacted]>; Jarin Brooks <[email redacted]>; Ken Balogh <[email redacted]> Subject: Re: Follow up Master Bathtub

<image002.jpg>

<image003.jpg>

<image002.jpg>

<image005.jpg>

<image006.jpg>

<image007.jpg>

<image008.jpg>

Wanted to check any update with the Master Bathtub.

I know sometimes when Frank is over it is hard to express the reflection on the top surface of the Master Bathtub. When the shutters are open in the attached p see the scrapping patchwork they tried to cover up after the tub was reinstalled.

As we expressed the damages still on the sides and corners of the Bathtub as the trades come to buff they’re not polishing. There’s no gloss the certain areas. As the 4th guy that came out to work on the Bathtub he mentioned the previous workers did a bad job trying to fix it and they would have to work on it again, and continuing to work on it, it looks worse and just to replace the surface. This is what they’re telling me.

I was thinking is it more costly to replace the surface rather than maybe covering it with backsplash? Cover it up? I don’t know.

It’s sad to say: wish it was the way it was before even when before wasn’t installed correctly.

When they were re-setting the bath tub you can see in the pic that the back side of the tub is scratched/scraped. You can buff/polish the bath tub.

Let me know

Margaret Boseck

Sent from my iPhone On May 19, 2023, at 2:18 PM, Margaret Boseck <[email redacted]> wrote:

<Video.mov>

<Video_1.mov>

Thanks for the update Frank and Kati.

We attached the videos from last night to update everyone.

We want to express that the Bacerra Electrician was not cursed at. Mark simply said that he was F…. Frustrated with what’s going on. As the Electrician mentioned he didn’t have to use that language, Mark did say this was his house and if he didn’t like it he can leave.

You would be frustrated too. If your Technicians would fix the problems they wouldn’t have to keep coming out. As Mark expressed him to check the brea Electrician continued to disregard what he was saying and express something else. Why ?

We want to express on this same day the A/C guy came out and when checking the attic (where the Electrician was a few visits ago) admitted that the Ele wired the Attic light to the Air handler and unplugged the Air handler while he was up there. Why ? The Electrician showed me at that visit the outlet in th room was for the attic light. He never mentioned he changed anything? Why are they doing what they want ?

The A/C guy said he should have not did this. We left the wires as they are so that anyone can see the Electrician did this. We want this back to the way we did not authorize this.

Why can’t you all find the right trades to fix these problems instead of making excuses up and creating more.

My son should be able to play his video games. This is a WEEKLY event….. We ARE VERY FRUSTRATED….

We have been in this house for 4 months now and have always had electrical issues ? Whats Wierd is no one is home when his happens at times. They c home to the power outage on their side.

I will add an additional email with updated pictures on our master bathtub.

The changes on the Master Bathtub have got worse as your trades TRY to fix it.

Monday won’t work. We have little league play offs/Championships going on at those times through Wednesday if you can make Thursday or Friday work

Margaret & Mark Boseck

Sent from my iPhone

On May 19, 2023, at 12:32 PM, Kati Seyk <[email redacted]> wrote:

Good afternoon Mr. & Mrs. Boseck,

I received your text message earlier this morning regarding the bedroom circuit continuing to trip. Becerra Electric will no longer go to your home due to the tech being cursed at. I have reached out to JJ Electric, the original electrician. They can insp circuit on Monday, May 22nd between 2-4 PM. Please confirm if this date works for you.

Thank you,

<image001.jpg>

Kati Seyk Customer Service Manager Ashton Woods - Corporate Headquarters Division

8655 E Via de Ventura, Suite F - 250 | Scottsdale, AZ 85258 C 602 321 7929

[email redacted] | ashtonwoods.com

From: MARK BOSECK <[email redacted]> Sent: Tuesday, May 9, 2023 8:55 PM To: Frank Singer <[email redacted]> Cc: Margaret Boseck <[email redacted]>; Kati Seyk <[email redacted]> Subject: Re: Follow up on the landscape pavers

Frank,

I got a call on Monday saying they will be here at 2pm on Wednesday.

So I expect as per my phone call with the AC people they will be here at 2pm tomorrow.

The last three days the two spare bedrooms and bathroom and hallway keeps tripping the breaker. Nobody is home and they turn in the TV and power goes out. We have used the same equipment at the other house with no issues and now it seems like we are resetting the breaker every ot day.

I also found that the top of the bedroom door is missing the door pin and that’s why it rubs on the trim. Guess who fixed the door forgot to put the p back in the door.

I need to know if they will be here tomorrow so I don’t waste my time.

Thanks,

Mark B

Sent from my iPhone

On May 9, 2023, at 8:36 PM, Frank Singer <[email redacted]> wrote:

Margaret, Wanted to follow up with you on the a/c. We were trying to confirm the Hvac for tomorrow with the electrician but haven’t been able to lock down a confirmation. We have also ordered the marble material for the tub deck and I will discuss how that will need to be scheduled with you tomorrow.

<image001.jpg> Frank Singer Area Construction Manager Ashton Woods - Corporate Headquarters Division

8665 E Via De Ventura, Suite F-250 | Scottsdale, Arizona 85258 C 480 689 3023

[email redacted] | ashtonwoods.com

From: Margaret Boseck <[email redacted]> Sent: Friday, May 5, 2023 2:27 PM To: Frank Singer <[email redacted]> Subject: Re: Follow up on the landscape pavers

Hi Frank

Hope you had a nice time up North.

Yes, the Gentleman came unexpected on Wednesday and only cleaned up the access debris of caulk etc.

He doesn’t do the polishing or repair, only was here for 5-10 minutes. He admitted that it would be nice to have the rim of the tub nicely re-caulked in white since it shows dis-color.

He expressed that the tub still looked scratched and could see the waves from the repair. He said he would recommend instead of having them re-surface and continue to do damage, he suggested to just remove and replace the top of the tub. We need to talk about this more. Its your people that are telling us this. It’s frustrating to have each visit do the bare minimum instead of just doing what they’re so pose to do.

Our A/C has not been checked yet. Is that what the hvac is ?

Yes, that Wednesday is good to have the electrician recheck the breaker box. Are you having the electrician come back due to the last few times the power has been tripped when the boys weren’t here on their side?

Let us know

Thank you

Margaret Boseck

Sent from my iPhone On May 5, 2023, at 12:54 PM, Frank Singer <[email redacted]> wrote:

Good afternoon Mr. & Mrs. Boseck,

I was up north and didn’t get a chance to stop by with the marble repair and hvac check. Were they able to check the hvac function and reach the backside of the tub?

Also we have an opening after 2 pm from the electrician on Wednesday or Thursday to double check the breaker. Will either of those days work for you?

<image001.jpg> Frank Singer Area Construction Manager Ashton Woods - Corporate Headquarters Division

8665 E Via De Ventura, Suite F-250 | Scottsdale, Arizona 85258 C 480 689 3023

[email redacted] | ashtonwoods.com

From: Margaret Boseck <[email redacted]> Sent: Tuesday, May 2, 2023 11:56 AM To: Frank Singer <[email redacted]>; Kati Seyk <[email redacted]>; Jarin Brooks <[email redacted]> Cc: (Dad) Mark Boseck <[email redacted]> Subject: Re: Follow up on the landscape pavers

Hi Frank

Yes, the Crew for the pavers came on Saturday morning and we’re able to reset the pavers.

Thank you

Margaret Boseck

Sent from my iPhone On May 2, 2023, at 9:03 AM, MARK BOSECK <[email redacted]> wrote:

Sent from my iPhone

Begin forwarded message:

From: Frank Singer <[email redacted]> Date: May 1, 2023 at 12:50:18 PM MST To: [email redacted], MARK BOSECK <[email redacted]> Cc: Kati Seyk <[email redacted]> Subject: Follow up on the landscape pavers

Good afternoon Mr. & Mrs. Boseck,

I wanted to follow up on the paver install this weekend, were they able to get them set?

Thank you,

“Success doesn’t come from what you do occasionally, it comes from what you do consistently.” Unknown

Frank Singer

Area Construction Manager

Ashton Woods - Phoenix Division

8655 E Via de Ventura, Suite F – 250 | Scottsdale, AZ 85258

C 480 689 3023

[email redacted] | ashtonwoods.com

From: Frank Singer ([email redacted]) To: [email redacted]; [email redacted]

Cc: [email redacted]

Date: Thursday, June 1, 2023 at 10:06 AM PDT

Mr. Boseck,

I understand your frustration but this isn’t a little job. We will need the full day to get the majority of work completed. As I was wanting to explain last time I was there, we will be taking need the morning for the tub pull followed by the demo of the marble and reinstallation. Given the small window in the afternoon, we will not be able to get the work completed. If thi until we can properly schedule, we can put the ticket on hold and schedule the last pull out drawers in the kitchen for you so that is complete? Please talk it over and let us know what y

Thank you,

Frank Singer Area Construction Manager Ashton Woods - Corporate Headquarters Division 8665 E Via De Ventura, Suite F-250 | Scottsdale, Arizona 85258 C 480 689 3023

[email redacted] | ashtonwoods.com

From: MARK BOSECK <[email redacted]> Sent: Wednesday, May 31, 2023 4:25 PM To: Kati Seyk <[email redacted]> Cc: Margaret Boseck <[email redacted]>; Frank Singer <[email redacted]> Subject: Re: Follow up Master Bathtub

Thank you for getting back to us. My wife took time off work to accommodated all of the workers and they had three different times to get this completed and every time they showed up did time off work. We need this scheduled around my schedule because we have dogs and so I can be there to make sure the work is done right. Tired of the half fast workmanship and tired of need done right the first time. I need the times between 1-4 or a Saturday to make this work. I am also looking for an Electrician that will do the job right due to poor craftsmanship. I should because the outlet trips when using it.

Been in this house 4 months and I should not be going through this. You would be just as frustrated as we have been dealing with this.

Mark B.

Sent from my iPhone

On May 31, 2023, at 9:21 AM, Kati Seyk <[email redacted]> wrote:

Good morning, For the first day of repairs, we will likely need a full day as we need to have the plumbers come pull the tub followed by the install of the new marble panels. The next two days we ca and grout the floor tile to the new marble in the morning on the second day. The third day would be to buff the marble panels and that can be scheduled for either morning or afternoo same time frame for any minor touch ups as needed in the area.

We can also do 2 full days if that is easier for scheduling.

Thank you,

<image001.jpg> Kati Seyk Customer Service Manager Ashton Woods - Corporate Headquarters Division

8655 E Via de Ventura, Suite F - 250 | Scottsdale, AZ 85258 C 602 321 7929

[email redacted] | ashtonwoods.com

Hi Kati

Can you share info how long they will need to be here both days.

So we plan

Thank you

Margaret Boseck

Sent from my iPhone

On May 30, 2023, at 3:57 PM, Kati Seyk <[email redacted]> wrote:

Good afternoon,

Marlam can install the new surround the week of June 19th or the following week of June 26th. As Frank mentioned, we will need 2 days for these repairs.

Please let us know what dates work for you. Thank you,

Kati Seyk Customer Care Manager On May 26, 2023, at 12:50 PM, Frank Singer <frank Ashton Woods - Phoenix Division

C 602 321 7929 Mark & Margaret, [email redacted]

We have the marble install ordered but waiting for an install date. I didn’t get a chance to go over the process when I was there as we had decided to try the buff one m or a day and two half days to complete. First day will be pulling the tub and swapping out the marble panels and deck. This will include the back splash and side splash set tub, buff marble (installer doesn’t do it) and complete any paint touch ups. Second half day in case we can’t get one of the venders to meet the schedule.

The cabinet pull outs will be in next week so we will schedule on the same day as the marble swap out.

As soon as we have a solid date back from Marlam, we will get you scheduled. Have a great 3-day weekend!

<image001.jpg> Frank Singer Area Construction Manager Ashton Woods - Corporate Headquarters Division

8665 E Via De Ventura, Suite F-250 | Scottsdale, Arizona 85258 C 480 689 3023

[email redacted] | ashtonwoods.com

Hi Katie,

We don’t want the tub buffed out we spoke to Frank about it being replaced and was told it was on order. We will wait for the replacement to arrive. They tried to buff it to waste anymore of my time with this.

I will get a quote for a third part electrician and send it over.

Thanks.

Mark B

Sent from my iPhone

On May 23, 2023, at 1:36 PM, Kati Seyk <[email redacted]> wrote: Good afternoon,

Please provide us an estimate for the cost for your 3rd party electrician. We cannot approve until we see as estimate for the charge.

Marlam can return to buff the tub deck and surround. Their first available dates are Wednesday, May 31st and Friday, June 2nd with a 12-4 pm time frame. Th arrival after 2 pm. Please let us know if either of those dates work for scheduling.

Thank you,

<image001.jpg> Kati Seyk Customer Service Manager Ashton Woods - Corporate Headquarters Division

8655 E Via de Ventura, Suite F - 250 | Scottsdale, AZ 85258 C 602 321 7929

[email redacted] | ashtonwoods.com

Hi Katie

We are wondering why we are going backwards ?

JJ Electric couldn’t figure out the problem prior is why we went to Bacerra Electric.

Mark did not cuss out the Bacerra Electrician.

What other options is there.

We really want these problems fixed.

We are considering an Electrician that we can trust if there is any reimbursement options?

Let us know

Thank you

Margaret & Mark Boseck

Sent from my iPhone

On May 22, 2023, at 12:05 PM, Kati Seyk <[email redacted]> wrote: Good afternoon,

Frank has provided photos to Marlam. We are waiting for a response. Thank you,

<image001.jpg> Kati Seyk Customer Service Manager Ashton Woods - Corporate Headquarters Division

8655 E Via de Ventura, Suite F - 250 | Scottsdale, AZ 85258 C 602 321 7929

[email redacted] | ashtonwoods.com

From: Margaret Boseck <[email redacted]> Sent: Friday, May 19, 2023 2:38 PM To: Kati Seyk <[email redacted]> Cc: MARK BOSECK <[email redacted]>; Frank Singer <[email redacted]>; Jarin Brooks <[email redacted]>; Ken Balo <[email redacted]> Subject: Re: Follow up Master Bathtub

<image002.jpg>

<image003.jpg>

<image002.jpg>

<image005.jpg>

<image006.jpg>

<image007.jpg>

<image008.jpg>

Wanted to check any update with the Master Bathtub.

I know sometimes when Frank is over it is hard to express the reflection on the top surface of the Master Bathtub. When the shutters are open in the atta see the scrapping patchwork they tried to cover up after the tub was reinstalled.

As we expressed the damages still on the sides and corners of the Bathtub as the trades come to buff they’re not polishing. There’s no gloss the certain a As the 4th guy that came out to work on the Bathtub he mentioned the previous workers did a bad job trying to fix it and they would have to work on it aga continuing to work on it, it looks worse and just to replace the surface. This is what they’re telling me.

I was thinking is it more costly to replace the surface rather than maybe covering it with backsplash? Cover it up? I don’t know.

It’s sad to say: wish it was the way it was before even when before wasn’t installed correctly.

When they were re-setting the bath tub you can see in the pic that the back side of the tub is scratched/scraped. You can buff/polish the bath tub.

Let me know

Margaret Boseck

Sent from my iPhone

On May 19, 2023, at 2:18 PM, Margaret Boseck <[email redacted]> wrote:

<Video.mov> <Video_1.mov>

Thanks for the update Frank and Kati.

We attached the videos from last night to update everyone.

We want to express that the Bacerra Electrician was not cursed at. Mark simply said that he was F…. Frustrated with what’s going on. As the Ele mentioned he didn’t have to use that language, Mark did say this was his house and if he didn’t like it he can leave.

You would be frustrated too. If your Technicians would fix the problems they wouldn’t have to keep coming out. As Mark expressed him to check th Electrician continued to disregard what he was saying and express something else. Why ?

We want to express on this same day the A/C guy came out and when checking the attic (where the Electrician was a few visits ago) admitted that wired the Attic light to the Air handler and unplugged the Air handler while he was up there. Why ? The Electrician showed me at that visit the outl room was for the attic light. He never mentioned he changed anything? Why are they doing what they want ?

The A/C guy said he should have not did this. We left the wires as they are so that anyone can see the Electrician did this. We want this back to t we did not authorize this.

Why can’t you all find the right trades to fix these problems instead of making excuses up and creating more.

My son should be able to play his video games. This is a WEEKLY event….. We ARE VERY FRUSTRATED….

We have been in this house for 4 months now and have always had electrical issues ? Whats Wierd is no one is home when his happens at times. home to the power outage on their side.

I will add an additional email with updated pictures on our master bathtub.

The changes on the Master Bathtub have got worse as your trades TRY to fix it.

Monday won’t work. We have little league play offs/Championships going on at those times through Wednesday if you can make Thursday or Frida

Margaret & Mark Boseck

Sent from my iPhone

On May 19, 2023, at 12:32 PM, Kati Seyk <[email redacted]> wrote:

Good afternoon Mr. & Mrs. Boseck,

I received your text message earlier this morning regarding the bedroom circuit continuing to trip.

Becerra Electric will no longer go to your home due to the tech being cursed at. I have reached out to JJ Electric, the original electrician. They ca circuit on Monday, May 22nd between 2-4 PM. Please confirm if this date works for you.

Thank you, <image001.jpg>

Kati Seyk Customer Service Manager Ashton Woods - Corporate Headquarters Division

8655 E Via de Ventura, Suite F - 250 | Scottsdale, AZ 85258 C 602 321 7929

[email redacted] | ashtonwoods.com

Frank,

I got a call on Monday saying they will be here at 2pm on Wednesday.

So I expect as per my phone call with the AC people they will be here at 2pm tomorrow.

The last three days the two spare bedrooms and bathroom and hallway keeps tripping the breaker. Nobody is home and they turn in the TV power goes out. We have used the same equipment at the other house with no issues and now it seems like we are resetting the breaker e day.

I also found that the top of the bedroom door is missing the door pin and that’s why it rubs on the trim. Guess who fixed the door forgot to pu back in the door.

I need to know if they will be here tomorrow so I don’t waste my time.

Thanks,

Mark B

Sent from my iPhone

On May 9, 2023, at 8:36 PM, Frank Singer <[email redacted]> wrote:

Margaret,

Wanted to follow up with you on the a/c. We were trying to confirm the Hvac for tomorrow with the electrician but haven’t been able to lock down a confirmation. We have also ordered the marble material for the tub deck and I will discuss how that will need to be scheduled with you tomorrow. <image001.jpg> Frank Singer Area Construction Manager Ashton Woods - Corporate Headquarters Division

8665 E Via De Ventura, Suite F-250 | Scottsdale, Arizona 85258 C 480 689 3023

[email redacted] | ashtonwoods.com

From: Margaret Boseck <[email redacted]> Sent: Friday, May 5, 2023 2:27 PM To: Frank Singer <[email redacted]> Subject: Re: Follow up on the landscape pavers

Hi Frank

Hope you had a nice time up North.

Yes, the Gentleman came unexpected on Wednesday and only cleaned up the access debris of caulk etc.

He doesn’t do the polishing or repair, only was here for 5-10 minutes. He admitted that it would be nice to have the rim of the tub nic re-caulked in white since it shows dis-color.

He expressed that the tub still looked scratched and could see the waves from the repair. He said he would recommend instead of having them re-surface and continue to do damage, he suggested to just remove and replace the top of the tub. We need to talk abo this more. Its your people that are telling us this. It’s frustrating to have each visit do the bare minimum instead of just doing what they’re so pose to do.

Our A/C has not been checked yet. Is that what the hvac is ?

Yes, that Wednesday is good to have the electrician recheck the breaker box. Are you having the electrician come back due to the la few times the power has been tripped when the boys weren’t here on their side?

Let us know

Thank you

Margaret Boseck

Sent from my iPhone

On May 5, 2023, at 12:54 PM, Frank Singer <[email redacted]> wrote: Good afternoon Mr. & Mrs. Boseck,

I was up north and didn’t get a chance to stop by with the marble repair and hvac check. Were they able to check the hvac function and reach the backside of the tub?

Also we have an opening after 2 pm from the electrician on Wednesday or Thursday to double check the breaker. Will either of those days work for you?

<image001.jpg> Frank Singer Area Construction Manager Ashton Woods - Corporate Headquarters Division

8665 E Via De Ventura, Suite F-250 | Scottsdale, Arizona 85258 C 480 689 3023

[email redacted] | ashtonwoods.com

Hi Frank

Yes, the Crew for the pavers came on Saturday morning and we’re able to reset the pavers.

Thank you

Margaret Boseck

Sent from my iPhone On May 2, 2023, at 9:03 AM, MARK BOSECK <[email redacted]> wrote:

Sent from my iPhone

Begin forwarded message:

Good afternoon Mr. & Mrs. Boseck,

I wanted to follow up on the paver install this weekend, were they able to get them set?

Thank you,

“Success doesn’t come from what you do occasionally, it comes from what you do consistently.” Unknown

Frank Singer

Area Construction Manager

Ashton Woods - Phoenix Division

8655 E Via de Ventura, Suite F – 250 | Scottsdale, AZ 85258

C 480 689 3023

[email redacted] | ashtonwoods.com

From: Elizabeth Schlicht ([email redacted])

To: [email redacted] Date: Thursday, November 9, 2023 at 06:25 AM PST

Morning Mark,

Will you please send a PDF copy of the home inspection summary report to me? For some reason, it’s not allowing me to open this?

The home inspector usually gives a copy of summary report to give to the builder.

Also, I just reached back out to Ana, my supervisor, yesterday for an update on the tub, and as soon as I hear back from her I’ll let you know.

Thanks,

On Nov 9, 2023, at 5:58 AM, [email redacted] wrote:

Good morning,

This is the items that the home inspector found.

Any new update on the tub repair? This is really taken way to long to make a decision on a tub.

Mark B.

----- Forwarded Message ----- From: J.J. Tantillo <[email redacted]> To: "[email redacted]" <[email redacted]> Sent: Monday, November 6, 2023 at 03:48:22 PM PST Subject: Report Ready

Hi Mark,

The property inspection report for 11312 E Unity Ave is ready! View it here:

View PROPERTY INSPECTION

Let me know if you have any questions.

Thank you!

J.J. Tantillo Phoenix Property Inspections A-Z 602-459-6910 [email redacted] https://www.phoenixpropertyinspectionsaz.com RE: Report Ready

From: Elizabeth Schlicht ([email redacted]) To: [email redacted]

Date: Monday, November 20, 2023 at 03:44 PM PST

Hi Mark,

I just wanted to touch base and see that the door/trim folks made it out today.

Thanks,

Liz Schlicht Customer Care Representative Ashton Woods - Phoenix Division 8655 E. Via De Ventura Suite F-250 | Scottsdale, AZ 85258 C 602 849 1898

[email redacted] | ashtonwoods.com

From: Elizabeth Schlicht Sent: Wednesday, November 15, 2023 7:39 AM To: MARK BOSECK <[email redacted]> Subject: Re: Report Ready

Morning Mark,

Sounds good, I’ll keep the door/trim folks on schedule and cancel the framers. You mentioned that your son will be home in the morning on Monday, so he can allow the door/trim folks acce know if that isn’t the case.

Thanks,

On Nov 15, 2023, at 4:40 AM, MARK BOSECK <[email redacted]> wrote:

Good morning,

I am ok with the doors on Monday thank you.

I would like to wait on the framers until we walk the house so they don’t have to come back.

I have a Dr appointment at 10:30am Monday the 20th just heads up.

Thank you.

Sent from my iPhone

On Nov 14, 2023, at 7:39 PM, Elizabeth Schlicht <[email redacted]> wrote: Hi Mark,

The door/trim folks are only installing the 2 doors on Monday, 11/20am. They do not paint the tops of the doors, the painters will do to get the doors installed as they will not warranty the doors if they do not get installed. Also, the framers will only be inspecting, th completing any repairs on Monday, 11/20.

Please let me know if you still want me to cancel the door/trim folks and also the framers to inspect.

Also, I am off on 11/27 & 11/28, so I can schedule to meet and go through your list of items on Wednesday, 11/29 @ 1pm. Will that

<image001.jpg> Liz Schlicht Customer Care Representative Ashton Woods - Phoenix Division

8655 E. Via De Ventura Suite F-250 | Scottsdale, AZ 85258 C 602 849 1898

[email redacted] | ashtonwoods.com

From: MARK BOSECK <[email redacted]> Sent: Tuesday, November 14, 2023 3:38 PM To: Elizabeth Schlicht <[email redacted]> Subject: Re: Report Ready

Hi Elizabeth,

I want to wait for my last walk through with you as I have found more things that my home inspector has missed.

Paint missing in the top of all interior doors and trim repair around the doors.

My uncle is a licensed contractor and will be over the holiday weekend and wants to walk my home.

Please let me know when you are available after the holidays to do a final walk.

Please reschedule until after you have walked the home.

Thanks

Mark B

Sent from my iPhone

On Nov 14, 2023, at 9:41 AM, Elizabeth Schlicht <[email redacted]> wrote: Hi Mark,

Quick update – I’m still waiting to hear back on the tub, as my supervisor has been off work. So, as soon as she returns, I’ll le

Also, as we talked about last week, I scheduled the door/trim folks to install the doors on Monday, 11/20 from 8am-12pm, and to come out and inspect on Monday, 11/20 from 12-4pm.

Last, the landscapers came out yesterday and repaired the leak.

Thanks,

<image001.jpg> Liz Schlicht Customer Care Representative Ashton Woods - Phoenix Division

8655 E. Via De Ventura Suite F-250 | Scottsdale, AZ 85258 C 602 849 1898

[email redacted] | ashtonwoods.com

From: [email redacted] <[email redacted]> Sent: Thursday, November 9, 2023 5:58 AM To: Elizabeth Schlicht <[email redacted]> Subject: Fw: Report Ready

Good morning,

This is the items that the home inspector found.

Any new update on the tub repair? This is really taken way to long to make a decision on a tub.

Mark B.

----- Forwarded Message -----

From: J.J. Tantillo <[email redacted]>

To: "[email redacted]" <[email redacted]>

Sent: Monday, November 6, 2023 at 03:48:22 PM PST

Subject: Report Ready Hi Mark,

The property inspection report for 11312 E Unity Ave is ready! View it here:

View PROPERTY INSPECTION

Let me know if you have any questions.

Thank you!

J.J. Tantillo

Phoenix Property Inspections A-Z

602-459-6910

[email redacted]

https://www.phoenixpropertyinspectionsaz.com RE: Report Ready

From: Elizabeth Schlicht ([email redacted]) To: [email redacted]

Date: Wednesday, November 22, 2023 at 11:05 AM PST

Great, thanks Mark!

Liz Schlicht Customer Care Representative Ashton Woods - Phoenix Division 8655 E. Via De Ventura Suite F-250 | Scottsdale, AZ 85258 C 602 849 1898

[email redacted] | ashtonwoods.com

From: MARK BOSECK <[email redacted]> Sent: Wednesday, November 22, 2023 7:26 AM To: Elizabeth Schlicht <[email redacted]> Subject: Re: Report Ready

Good morning Liz,

I can make these dates work.

Thanks,

Mark B.

Sent from my iPhone

On Nov 21, 2023, at 2:37 PM, Elizabeth Schlicht <[email redacted]> wrote:

Hi Mark,

I just wanted to touch base in regards to scheduling for the tub replacement –

Thanks,

<image001.jpg> Liz Schlicht Customer Care Representative Ashton Woods - Phoenix Division

8655 E. Via De Ventura Suite F-250 | Scottsdale, AZ 85258 C 602 849 1898

[email redacted] | ashtonwoods.com

From: Elizabeth Schlicht Sent: Monday, November 20, 2023 4:45 PM To: MARK BOSECK <[email redacted]> Subject: RE: Report Ready

Hi Mark,

I just wanted to touch base and see that the door/trim folks made it out today.

Thanks,

<image001.jpg> Liz Schlicht Customer Care Representative Ashton Woods - Phoenix Division

8655 E. Via De Ventura Suite F-250 | Scottsdale, AZ 85258 C 602 849 1898

[email redacted] | ashtonwoods.com

From: Elizabeth Schlicht Sent: Wednesday, November 15, 2023 7:39 AM To: MARK BOSECK <[email redacted]> Subject: Re: Report Ready

Morning Mark,

Thanks,

On Nov 15, 2023, at 4:40 AM, MARK BOSECK <[email redacted]> wrote: Good morning,

I am ok with the doors on Monday thank you.

I would like to wait on the framers until we walk the house so they don’t have to come back.

I have a Dr appointment at 10:30am Monday the 20th just heads up.

Thank you.

Sent from my iPhone

On Nov 14, 2023, at 7:39 PM, Elizabeth Schlicht <[email redacted]> wrote:

Hi Mark,

Please let me know if you still want me to cancel the door/trim folks and also the framers to inspect.

Also, I am off on 11/27 & 11/28, so I can schedule to meet and go through your list of items on Wednesday, 11/29 @ 1pm. Wi

<image001.jpg> Liz Schlicht Customer Care Representative Ashton Woods - Phoenix Division

8655 E. Via De Ventura Suite F-250 | Scottsdale, AZ 85258 C 602 849 1898

[email redacted] | ashtonwoods.com

From: MARK BOSECK <[email redacted]> Sent: Tuesday, November 14, 2023 3:38 PM To: Elizabeth Schlicht <[email redacted]> Subject: Re: Report Ready

Hi Elizabeth,

I want to wait for my last walk through with you as I have found more things that my home inspector has missed.

Paint missing in the top of all interior doors and trim repair around the doors. My uncle is a licensed contractor and will be over the holiday weekend and wants to walk my home.

Please let me know when you are available after the holidays to do a final walk.

Please reschedule until after you have walked the home.

Thanks

Mark B

Sent from my iPhone

On Nov 14, 2023, at 9:41 AM, Elizabeth Schlicht <[email redacted]> wrote:

Hi Mark,

Quick update – I’m still waiting to hear back on the tub, as my supervisor has been off work. So, as soon as she returns

Also, as we talked about last week, I scheduled the door/trim folks to install the doors on Monday, 11/20 from 8am-12pm to come out and inspect on Monday, 11/20 from 12-4pm.

Last, the landscapers came out yesterday and repaired the leak.

Thanks,

<image001.jpg> Liz Schlicht Customer Care Representative Ashton Woods - Phoenix Division

8655 E. Via De Ventura Suite F-250 | Scottsdale, AZ 85258 C 602 849 1898

[email redacted] | ashtonwoods.com

From: [email redacted] <[email redacted]> Sent: Thursday, November 9, 2023 5:58 AM To: Elizabeth Schlicht <[email redacted]> Subject: Fw: Report Ready

Good morning,

This is the items that the home inspector found.

Any new update on the tub repair? This is really taken way to long to make a decision on a tub. Mark B.

----- Forwarded Message -----

From: J.J. Tantillo <[email redacted]>

To: "[email redacted]" <[email redacted]>

Sent: Monday, November 6, 2023 at 03:48:22 PM PST

Subject: Report Ready

Hi Mark,

The property inspection report for 11312 E Unity Ave is ready! View it here:

View PROPERTY INSPECTION

Let me know if you have any questions.

Thank you!

J.J. Tantillo

Phoenix Property Inspections A-Z

602-459-6910

[email redacted]

https://www.phoenixpropertyinspectionsaz.com RE: Report Ready

From: Elizabeth Schlicht ([email redacted]) To: [email redacted]

Date: Wednesday, December 13, 2023 at 11:24 AM PST

Hi Mark,

I just wanted to send you a quick reminder that I’ll be over at your house tomorrow at 1pm to go through your home inspection list of items.

Thanks,

Liz Schlicht Customer Care Representative Ashton Woods - Phoenix Division 8655 E. Via De Ventura Suite F-250 | Scottsdale, AZ 85258 C 602 849 1898

[email redacted] | ashtonwoods.com

From: Elizabeth Schlicht Sent: Wednesday, November 22, 2023 12:05 PM To: MARK BOSECK <[email redacted]> Subject: RE: Report Ready

Great, thanks Mark!

Liz Schlicht Customer Care Representative Ashton Woods - Phoenix Division

8655 E. Via De Ventura Suite F-250 | Scottsdale, AZ 85258 C 602 849 1898

[email redacted] | ashtonwoods.com

From: MARK BOSECK <[email redacted]> Sent: Wednesday, November 22, 2023 7:26 AM To: Elizabeth Schlicht <[email redacted]> Subject: Re: Report Ready

Good morning Liz,

I can make these dates work.

Thanks,

Mark B.

Sent from my iPhone

On Nov 21, 2023, at 2:37 PM, Elizabeth Schlicht <[email redacted]> wrote: Hi Mark,

I just wanted to touch base in regards to scheduling for the tub replacement –

Thanks,

---------------- NEED TO WAIT FOR MARBLE PANELS TO BE MADE------------

<image001.jpg> Liz Schlicht Customer Care Representative Ashton Woods - Phoenix Division

8655 E. Via De Ventura Suite F-250 | Scottsdale, AZ 85258 C 602 849 1898

[email redacted] | ashtonwoods.com

From: Elizabeth Schlicht Sent: Monday, November 20, 2023 4:45 PM To: MARK BOSECK <[email redacted]> Subject: RE: Report Ready

Hi Mark,

I just wanted to touch base and see that the door/trim folks made it out today.

Thanks,

<image001.jpg> Liz Schlicht Customer Care Representative Ashton Woods - Phoenix Division

Morning Mark,

Thanks,

On Nov 15, 2023, at 4:40 AM, MARK BOSECK <[email redacted]> wrote:

Good morning,

I am ok with the doors on Monday thank you.

I would like to wait on the framers until we walk the house so they don’t have to come back.

I have a Dr appointment at 10:30am Monday the 20th just heads up.

Thank you.

Sent from my iPhone

On Nov 14, 2023, at 7:39 PM, Elizabeth Schlicht <[email redacted]> wrote:

Hi Mark,

Please let me know if you still want me to cancel the door/trim folks and also the framers to inspect.

Also, I am off on 11/27 & 11/28, so I can schedule to meet and go through your list of items on Wednesday, 11/29 @ 1pm. Wi

<image001.jpg> Liz Schlicht Customer Care Representative Ashton Woods - Phoenix Division 8655 E. Via De Ventura Suite F-250 | Scottsdale, AZ 85258 C 602 849 1898

[email redacted] | ashtonwoods.com From: MARK BOSECK <[email redacted]> Sent: Tuesday, November 14, 2023 3:38 PM To: Elizabeth Schlicht <[email redacted]> Subject: Re: Report Ready

Hi Elizabeth,

I want to wait for my last walk through with you as I have found more things that my home inspector has missed.

Paint missing in the top of all interior doors and trim repair around the doors.

My uncle is a licensed contractor and will be over the holiday weekend and wants to walk my home.

Please let me know when you are available after the holidays to do a final walk.

Please reschedule until after you have walked the home.

Thanks

Mark B

Sent from my iPhone

On Nov 14, 2023, at 9:41 AM, Elizabeth Schlicht <[email redacted]> wrote:

Hi Mark,

Quick update – I’m still waiting to hear back on the tub, as my supervisor has been off work. So, as soon as she returns

Also, as we talked about last week, I scheduled the door/trim folks to install the doors on Monday, 11/20 from 8am-12pm to come out and inspect on Monday, 11/20 from 12-4pm.

Last, the landscapers came out yesterday and repaired the leak.

Thanks,

<image001.jpg> Liz Schlicht Customer Care Representative Ashton Woods - Phoenix Division

8655 E. Via De Ventura Suite F-250 | Scottsdale, AZ 85258 C 602 849 1898

[email redacted] | ashtonwoods.com From: [email redacted] <[email redacted]> Sent: Thursday, November 9, 2023 5:58 AM To: Elizabeth Schlicht <[email redacted]> Subject: Fw: Report Ready

Good morning,

This is the items that the home inspector found.

Any new update on the tub repair? This is really taken way to long to make a decision on a tub.

Mark B.

----- Forwarded Message -----

From: J.J. Tantillo <[email redacted]>

To: "[email redacted]" <[email redacted]>

Sent: Monday, November 6, 2023 at 03:48:22 PM PST

Subject: Report Ready

Hi Mark,

The property inspection report for 11312 E Unity Ave is ready! View it here:

View PROPERTY INSPECTION

Let me know if you have any questions.

Thank you! J.J. Tantillo

Phoenix Property Inspections A-Z

602-459-6910

[email redacted]

https://www.phoenixpropertyinspectionsaz.com Jobsite Inspection Notes

Case No.: 2024-00804 Investigator: Albert Bernal Inspection Date: 03/01/24 Inspection Time: 9:30AM

Complainant: Mark Boseck Respondent: Ashton Woods Not Present: Construction LLC Tony Perrson Ana McCarthy Not Present:

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

Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards

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

Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards

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

Governing Rule: N/A

Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards

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

Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards

Albert Bernal Albert Bernal, Investigator [number redacted] [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

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

Complainant: Mark Boseck 11312 E. Unity Ave. Mesa, AZ 85212

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 March 20, 2024

License No. ROC 179540

Re:Complaint No. 2024-00804

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

DIRECTIVE REQUIREMENTS You are directed to remedy the following violations by the appropriate means:

Investigator’s Observation: Verified. I noted that the master bathroom tub was in place, but the installation was not complete.

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

Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards

Compliance Item: 19-Inperfections on stem concrete stem wall. *This complaint item was added to the complaint during the JSI. Respondent agreed to inspect. Investigator’s Observation: Verified. Excess concrete residue, and wood pieces were imbedded and /or adhered to the concrete stem walls. The excess residue of this materials was excessive and readily noticeable from a standing position. This was noted in several areas around the concrete stem wall perimeter

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

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

Sincerely,

Albert Bernal Albert Bernal, Investigator [number redacted] [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

CC: Respondent Complainant

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Complainant: Mark Boseck 11312 E. Unity Ave. Mesa, AZ 85212

Compliance Item: 6 - Bowed studs in the Gameroom & Spare bedroom & Master bedroom. Investigator’s Observation: Verified: Several walls were checked throughout the residence with a 4’ level, and an 8’ level, and several of the inspected walls were bowed (1/4” approximately) exceeding the minimum industry standard “Stud walls should be flat and not bulge more than 3/8" in 8'. The Respondent is to identify the walls that exceed the standard noted above, and correct by appropriate means * Walls shown to me and checked with a level were located in the Bedroom #1, water closet, garage, hallway, office, game room, and master bedroom. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards Compliance Inspection Findings for this item: This item was not compliant.

Compliance Item: 8 - Outside stress cracks on the stucco. ; Investigator’s Observation: Verified. I noted several stucco cracks throughout the exterior walls of the residence. Although, several of the stucco cracks shown to me measured 1/16” and were within the minimum industry standards (regarding width) there were several areas where the amount of cracks was excessive. The areas that need to be corrected are as follow. *West side exterior wall. *Back wall below window area (west side) 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 *Back covered patio ceiling. *East side below the microwave vent area. *Back-east side corner. Respondent shall correct by the appropriate means Compliance Inspection Findings for this item: This item is compliant. Stucco cracks shown to me at this CJIS measured less than 1/16” in width and were not excessive in quantity. Stucco cracks were within the standard’s tolerance of “1/16” or less” in width.

Compliance Item: 18- Outside roof tiles are uneven and the trim work under the roof tiles was fixed and now you can see the white foam is exposed Investigator’s Observation: I noted that several overhang roof tiles were not aligned properly. Roof tiles should be installed in a reasonably straight line. This issue was noted in several areas around the roof overhang perimeter. Respondent shall correct by the appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards Compliance Inspection Findings for this item: This item was not compliant. Roof line was correct (roof line was straight) However, paint was missing on a section of the drip edge in the area where repairs were done.

Compliance Item: 19-Inperfections on stem concrete stem wall. *This complaint item was added to the complaint during the JSI. Respondent agreed to inspect.

Note:

CC: Respondent Complainant

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Received 6/27/2024 ROC Legal

Troy G. Allen, Esq., State Bar No. 020093 KOELLER, NEBEKER, CARLSON & HALUCK, LLP 3800 North Central Avenue, 15th Floor Phoenix, Arizona 85012 Telephone: (602) 256-0000 Facsimile: (602) 256-2488 [email redacted] Attorneys for Respondent BEFORE THE REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA Mark Boseck, ROC Case No. 2024-00804

COMPLAINANT, WRITTEN ANSWER TO CITATION AND COMPLAINT v. Ashton Woods Construction L.L.C. License No. ROC 179540, RESPONDENT. Respondent Ashton Woods Construction L.L.C. (“Ashton Woods”), through undersigned counsel, hereby files its Written Answer to the Registrar of Contractors’ Citation, dated June 13, 2024 (“Citation”), and Complaint, filed January 21, 2024 (“Complaint”), as follows: Background

1. In December 2022, Complainant and Margaret Boseck, as the original buyers, closed escrow on real property located at 11312 East Unity Avenue, in Mesa, Arizona (“the Home”). 2. On January 21, 2024, Complainant filed the Complaint. In late 2023, Ashton Woods was diligently working with Complainant to address certain items raised in a third-party property Received 6/27/2024 ROC Legal

inspection report (and others by Complainant) and believed the parties were working towards a satisfactory resolution for all involved.

3. On March 1, 2024, the parties, joined by an ROC Investigator, conducted a jobsite inspection. Early that day, before the inspection, Complainant sent the ROC a list of new alleged items that he wanted added to the Complaint. The ROC didn’t add them. 4. Subsequently, the ROC issued a written directive, requiring Ashton Woods to repair 19 items. Ashton Woods began the repairs in April.

5. Although Ashton Woods worked diligently and intended to address all items in the directive, Complainant had many restrictions on when Ashton Woods could come into the Home to make repairs as well as who from Ashton Woods could enter the Home. 6. Complainant was also aggressive with those who entered the Home. While Ashton

Woods was trying to complete the final repairs, Complainant became angry and started screaming and directing obscenities at subcontractors’ representatives. The representatives, obviously, quickly left the unsafe environment. This wasn’t the first time Complainant had cursed at Ashton Woods’ subcontractors when they were trying to make repairs. See May 19, 2023, email from Kati Seyk, attached to Citation (“Becerra Electric will no longer go to your home due to the tech being cursed

at.”). 7. Given Complainant’s conduct and refusal to allow Ashton Woods to complete all items in the directive, Ashton Woods was unable to complete all repairs before the May 15, 2024, compliance inspection. 8. During the May 15, 2024, compliance inspection, the ROC Investigator determined

Ashton Woods had fully corrected 11 items. The ROC Investigator also determined repairs had been made to the other items but some were unfinished: Item 2, Interior Door Painting; Item 3, Top

Received 6/27/2024 ROC Legal

of Door Casing Caulking; Item 4, Cabinet Door and Cabinet Face Gap; Item 6, Bowed Garage Wall; Item 9, Missing Wood and Cracked Truss Tail; Item 16, Drain Stoppers Not Working; Item

18, Missing Paint from Drip Edge; and Item 19, Improper Paint Application to Stem Wall. 9. Thereafter, Ashton Woods called Complainant, again offering to complete the final items, most just concerning paint and caulking, or have him obtain a third-party estimate to have all items repaired which Ashton Woods would fully pay. Complainant rejected Ashton Woods’ offers. 10. On June 13, 2024, the ROC issued a Citation.

11. The next day, Ashton Woods again called Complainant, to see if he would allow repairs or obtain a third-party estimate to be paid by Ashton Woods. Complainant again rejected Ashton Woods’ offers, saying that he intended to hire an attorney and file another ROC Complaint about his bathroom floor.

12. Ashton Woods’ License No. 179540 was first issued on October 23, 2002. The ROC has not disciplined Ashton Woods’ License in the last 15 years. Charge 1 – Violation of A.R.S. § 32-1154(A)(3) 13. Ashton Woods denies Charge 1 and requests a hearing on Charge 1. 14. Ashton Woods has performed all work at the Home in a professional and

workmanlike manner. 15. Complainant unreasonably refused to allow Ashton Woods to fully complete all items in the directive. Ashton Woods has stood, and continues to stand, ready, willing, and able to complete all items. 16. Complainant thus cannot satisfy his burden of proof to establish cause to discipline

Ashton Woods’ license by a preponderance of the evidence.

Received 6/27/2024 ROC Legal

17. Ashton Woods affirmatively alleges that its work on the Home did not violate the ROC’s Minimum Construction Standards.

18. Ashton Woods further affirmatively alleges that it has not violated any rule adopted by the ROC. Charge 2 – Violation of A.R.S. § 32-1154(A)(22) 19. Ashton Woods denies Charge 2 and requests a hearing on Charge 2. 20. Ashton Woods took appropriate corrective action to comply with the statute and with

rules adopted by the ROC related to the statute. 21. Complainant unreasonably refused to allow Ashton Woods to fully complete all items in the directive. Ashton Woods has stood, and continues to stand, ready, willing, and able to complete all items.

22. Complainant thus cannot satisfy his burden of proof to establish cause to discipline Ashton Woods’ license by a preponderance of the evidence. 23. Ashton Woods affirmatively alleges that its work on the Home did not violate the ROC’s Minimum Construction Standards. 24. Ashton Woods further affirmatively alleges that it has not violated any rule adopted

by the ROC. 25. Ashton Woods denies any and all other charges not herein specifically denied and requests a hearing. WHEREFORE, having fully answered the Complaint and Citation, Ashton Woods hereby prays the following: 1. That the Complaint and Citation be dismissed, with prejudice; 2. The Registrar close the Complaint in Case No. 2024-00804; and

Received 6/27/2024 ROC Legal

3. For other such and further relief deemed just and appropriate. Dated this 27th day of June, 2024. KOELLER NEBEKER CARLSON & HALUCK, LLP

By: /s/ Troy Allen Troy G. Allen, Esq. Attorneys for Respondent

FILED electronically this 27th day of June, 2024, with: Arizona Registrar of Contractors Legal Department [email redacted] And E-MAILED & MAILED this same day to: Mark Boseck 11312 East Unity Avenue Mesa, Arizona 85212 Complainant [email redacted] By: /s/ Collette Wade

Received 6/27/24, 9:02 AM State of Arizona Mail - Boseck v. Ashton Woods (ROC Case No. 2024-00804) - Ashton Woods' Answer, and Request for Settlement… 6/27/2024 ROC Legal

Answers - AZROC <[email redacted]>

Boseck v. Ashton Woods (ROC Case No. 2024-00804) - Ashton Woods' Answer, and Request for Settlement Conference message

Collette Wade <[email redacted]> Thu, Jun 27, 2024 at 8:58 AM To: "[email redacted]" <[email redacted]>, "[email redacted]" <[email redacted]> Cc: Troy Allen <[email redacted]>

Good Morning,

Attached, please find Respondent’s 1) “Written Answer To Citation And Complaint,” and 2) “Request For Informal Settlement Conference” for the above-referenced case.

Hard copies are being mailed to Mr. Boseck as well.

Thank you,

Collette

Collette Wade

Legal Assistant 3800 N. Central Ave, Suite 1500 | Phoenix, AZ 85012 Phone 602-256-0000 | Fax 602-256-2488 [email redacted] knchlaw.com

Confidentiality Notice:This message is being sent on behalf of a lawyer. It is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged, confidential, or otherwise legally exempt from disclosure. If you are not the named addressee, or if this was sent to you in error, you are not authorized to read, print, retain, copy or disseminate this message or any part thereof. If you have received this message in error, please notify the sender immediately by email and delete all copies of the message and any attachments.

attachments

https://mail.google.com/mail/b/AEoRXRQpjgUw4DT4qrK7fZZmcUhn2DFCputS8eM2dK4AUEEiQbqi/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 1/2 Received 6/27/24, 9:02 AM State of Arizona Mail - Boseck v. Ashton Woods (ROC Case No. 2024-00804) - Ashton Woods' Answer, and Request for Settlement… 6/27/2024 ROC Legal 2024-06-27 Ashton Woods Answer.pdf 158K 2024-06-27 Ashton Woods Request for Settlement Conference.pdf 124K

https://mail.google.com/mail/b/AEoRXRQpjgUw4DT4qrK7fZZmcUhn2DFCputS8eM2dK4AUEEiQbqi/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 2/2 Received 6/27/2024 ROC Legal

COMPLAINANT, RESPONDENT’S REQUEST FOR INFORMAL SETTLEMENT v. CONFERENCE Ashton Woods Construction L.L.C. License No. ROC 179540, RESPONDENT. Respondent Ashton Woods Construction L.L.C. (“Ashton Woods”), through undersigned counsel and pursuant to A.R.S. § 41-1092.06, hereby submits its written request for an informal settlement conference with the Arizona Registar of Contractors. As of today’s date, the administrative hearing has not been scheduled. An Ashton Woods’ representative with authority to

act on Ashton Woods’ behalf will attend the conference. Ashton Woods will waive its right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. Received 6/27/2024 ROC Legal

Dated this 27th day of June, 2024. KOELLER NEBEKER CARLSON & HALUCK, LLP By: /s/ Troy Allen Troy G. Allen, Esq. Attorneys for Respondent FILED electronically this 27th day of June, 2024, with:

Arizona Registrar of Contractors Legal Department [email redacted] And E-MAILED & MAILED this same day to: Mark Boseck 11312 East Unity Avenue Mesa, Arizona 85212 Complainant [email redacted] By: /s/ Collette Wade

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Mark Boseck, Case No. 2024-00804 COMPLAINANT,

Ashton Woods Construction LLC, ORDER DENYING REQUEST TO License No. ROC 179540, DISMISS

RESPONDENT.

BACKGROUND On June 13, 2024, the Registrar issued a Citation against Respondent’s License No. ROC 179540, charging Respondent with violations of A.R.S. § 32-1154(A)(3) and (22). On June 27, 2024, Respondent filed its Answer. The Answer included a request to dismiss the Citation. ORDER IT IS ORDERED that Respondent’s request to dismiss is DENIED. The issues underlying the Citation and complaint are best suited for presentation before the Office of Administrative Hearings. Respondent is free to raise the arguments and defenses presented in its request to dismiss before the administrative law judge. A Notice of Hearing will be issued in due course. Dated July 5, 2024. By: /s/ Robert Stirling Robert Stirling Assistant General Counsel Legal Department Arizona Registrar of Contractors of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St. – Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602) 542-1525 Toll Free (877) 692-9762 Lg127 5/21 Copy mailed via USPS First Class Mail July 5, 2024 to:

Respondent Ashton Woods Construction LLC 8655 E Via De Ventura Ste F250 Scottsdale, AZ 85258

Respondent’s Attorney Troy G. Allen, Esq. Koeller Nebeker Carlson & Haluck LLP 3800 N Central Ave 15th Fl Phoenix, AZ 85012

Complainant Mark Boseck 11312 E Unity Ave Mesa, AZ 85212

Copy sent electronically this same date to: Respondent at email address on record with the Registrar Respondent’s Attorney at email address on record with the Registrar Complainant at email address on record with the Registrar Case No. 2024-00804

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St. – Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602) 542-1525 Toll Free (877) 692-9762 Lg127 5/21 LEGAL RECEIVED 07/08/2024

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Mark Boseck , Case No. 2024-00804 COMPLAINANT,

v. WAIVER Ashton Woods Construction LLC License No. ROC 179540,

RESPONDENT.

Under 41-1092.06(B) I waive my right to object to the participation of the Registrar’s

settlement-conference representative in the final administrative decision. Further, I

acknowledge that statements, either written or oral, made at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in any subsequent administrative hearing.

_______________________ Mark Boseck ________________________ ___________________ 07-08-2024 Printed Name Signature Date

On behalf of: Respondent On behalf of: X Complainant

of 5 1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg105 5/21 7/9/24, 7:59 AM State of Arizona Mail - ROC Complaint 2024-00804 Notice of Settlement Conference 07/08/2024 LEGAL RECEIVED

Erika Hoskin <[email redacted]>

ROC Complaint 2024-00804 Notice of Settlement Conference messages

Erika Hoskin <[email redacted]> Thu, Jun 27, 2024 at 10:31 AM Bcc: [email redacted], [email redacted], [email redacted], Erika Hoskin <[email redacted]>

Attached is a courtesy copy of the Notice of Settlement Conference that was mailed to you today. Also included Google Meet information

PLEASE RETURN WAIVER

Meeting ID meet.google.com/bie-xtfy-hjb

Phone Numbers (US)+1 318-526-1647 PIN: 394 813 322#

Kindly,

Erika Hoskin

Legal Secretary

Arizona Registrar of Contractors, Legal Department

1700 W. Washington Suite 105

Phoenix, AZ 85007

602-771-6785

www.roc.az.gov

20240627 Notice of Settlement Conference MAILED 2024-00804.pdf 137K

Chris Niederhauser <[email redacted]> Mon, Jul 8, 2024 at 5:12 PM To: "[email redacted]" <[email redacted]> Cc: MARK BOSECK <[email redacted]>

Good Afternoon,

I have attached the settlement conference waiver signed by my client.

https://mail.google.com/mail/u/0/?ik=[number redacted]&view=pt&search=all&permthid=thread-a:r5749454808260082993&simpl=msg-a:r243744264890626… 1/3 7/9/24, 7:59 AM State of Arizona Mail - ROC Complaint 2024-00804 Notice of Settlement Conference 07/08/2024 LEGAL RECEIVED

My name is Chris Niederhauser with Wells Law Group. I have been retained by Mr. Boseck to assist with this issue. I will be attending the settlement conference tomorrow as will my client.

Best,

Chris Niederhauser, Esq. |Attorney /Realtor Wells Realty Law Group AZ TELEPHONE (480) 543-9366 |WEBSITE| 2121 W Chandler Blvd #112| CHANDLER, AZ 85224

This message and any of the attached documents contain information from the Wells Law Group, PLLC, that may be confidential and/or privileged. If you are not the intended recipient, you may not read, copy, distribute or use this information, and no privilege has been waived by your inadvertent receipt. If you have received this transmission in error, please notify the sender by reply e-mail and then delete this message. Wells Realty Law Group is associated with LUXRE International a real estate sales team which is brokered through Keller Williams Sonoran Living in Arizona, each office independently owned and operated. Thank you.

From: MARK BOSECK <[email redacted]> Date: Thursday, June 27, 2024 at 1:31 PM To: Chris Niederhauser <[email redacted]> Subject: Fwd: ROC Complaint 2024-00804 Notice of Settlement Conference

Sent from my iPhone

Begin forwarded message:

From: Erika Hoskin <[email redacted]> Date: June 27, 2024 at 10:31:13 AM MST To: undisclosed-recipients:; Subject: ROC Complaint 2024-00804 Notice of Settlement Conference

Attached is a courtesy copy of the Notice of Settlement Conference that was mailed to you today. Also included Google Meet information

PLEASE RETURN WAIVER

Meeting ID

https://mail.google.com/mail/u/0/?ik=[number redacted]&view=pt&search=all&permthid=thread-a:r5749454808260082993&simpl=msg-a:r243744264890626… 2/3 7/9/24, 7:59 AM State of Arizona Mail - ROC Complaint 2024-00804 Notice of Settlement Conference 07/08/2024 LEGAL RECEIVED meet.google.com/bie-xtfy-hjb

Edit

Phone Numbers

(US)+1 318-526-1647

PIN: 394 813 322# [Quoted text hidden]

20240627 Settlement Conference -Waiver.pdf 120K

https://mail.google.com/mail/u/0/?ik=[number redacted]&view=pt&search=all&permthid=thread-a:r5749454808260082993&simpl=msg-a:r243744264890626… 3/3 Mediation Notice

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

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

v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.

REQUEST

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

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

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

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

_____________________________________ _______________________ Respondent (or representative) Date

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

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

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

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

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

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

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

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

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

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

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

Exhibit Exhibit Name

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

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

Print Name Signature Date

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