2024A-00966-CHC-ROC-RH Notice of Hearing & Packet MAILED

2024A-00966-CHC-ROC-RHG · Registrar of Contractors · 2024-07-30

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Heath Vinyard , Case No. 2024-00966

COMPLAINANT, Docket No. 2024A-00966-CHC-ROC- RH v. NOTICE OF HEARING ON Pleasure Spas Inc., CONTESTED CASE DBA: Pleasure Pools License No. ROC 166025, Pleasure Spas Inc., DBA: Pleasure Homes License ROC 201430,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

September 6, 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 March 27, 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)(1)

Charge :2 A.R.S. § 32-1154(A)(3) - R4-9-108(a)

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

Charge :4 A.R.S. § 32-1154(A)(12) - A.R.S. § 32-1158

Charge :5 A.R.S. § 32-1154(A)(12) - A.R.S. § 32-1158.01

Charge :6 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 29, 2024.

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

Copy mailed via USPS First Class mail July 29, 2024 to: Respondent(s) Pleasure Spas Inc. DBA: Pleasure Pools 2004 E Irvington Rd #186 Tucson, AZ 85714

Complainant(s) Heath Vinyard 10195 S Rolling Water Dr. Vail, AZ 85641

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. 2024-00966 /

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: Heath Vinyard 10195 S Rolling Water Dr Vail, AZ 85641

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: Pleasure Spas Inc DBA: Pleasure Pools 2004 E Irvington Rd #186 Tucson, AZ 85714

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 January 25, 2024

Jobsite Inspection Notice Re: Complaint Number 2024-00966

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 10:30 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.

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 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.

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, John Smith, Investigator #194 (520) 483-0027 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

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.

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 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.

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

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 Arizona Registrar of Contractors Jobsite Inspection Notes Complaint No.: 2024-00966 Investigator: John Smith #194 Inspection Date: 3/1/2024 Inspection Time: 10:30AM Jobsite address: 10195 S. Rolling Water Dr., Vail, AZ 85641

Complainant: Heath Vinyard Respondent: Pleasure Spas Inc DBA Pleasure Pools

Present for the complainant: Mr. & Mrs. Vinyard Present for the respondent: Owen Brown Overview of project: An in ground pool General Notes: As of March 5, 2024, the respondent’s licenses are suspended for lack of bond.

Complaint Item 1: “Pool was dug and then nothing scheduled after. After repeated attempts to get the project moving, and all requested funds released, nothing has been scheduled and unable to get the project moving forward to completion. ” Investigator’s Observations: Verified. Current conditions on site: • Excavation work has been performed. • Mechanicals have not been started • Rebar has not been started • The project is not complete The contract includes: • Signatures of both parties dated 9/18/2023 • We expect the construction process to take between 3 to 6 months starting from the excavation phase. As stated in the submitted complaint form: • Work began December 7, 2023 • Work stopped December 8, 2023 As stated on the Finance Disbursement document: • First payment “Completion of Excavation” has been paid • Disbursement Amount $23,659.79 • Total Disbursed Amount (to date) $28,857.79 Per contract, the next payment is not due until “Completion of rebar”. Governing Rule: A.R.S. § 32-1154(A)(1): Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal. Governing Rule: A.R.S. § 32-1154(A)(3) – R4-9-108(b): Violation of any rule adopted by the registrar; Namely R 4-9-108(b): A contractor shall perform work in accordance with any applicable building codes...

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Arizona Registrar of Contractors Jobsite Inspection Notes

ADDITIONAL VIOLATIONS In addition to the allegations in the complaint, the following violations were verified:

Elements of a Contract Investigator’s Observations: The respondent’s contract is missing the following information: • The contractor’s business address • The contractor’s ROC number • An estimated date of completion o The contract states:  For a typical pool without any complications, specialties, or modifications, we expect the construction process to take between 3 to 6 months starting from the excavation phase. o The contract does not:  Specify if this is a typical pool  When the excavation may begin • Information about the customer’s right to file a complaint with the registrar • Contact information for the registrar Governing Rule: A.R.S. § 32-1154(A)(12), Namely A.R.S. § 32-1158(A) Minimum Elements of a Contract. Any contract in an amount of more than one thousand dollars entered into between a contractor and the owner of a property to be improved shall contain in writing at least the following information: 1: The name of the contractor and the contractor's business address and license number. 2: The name and mailing address of the owner and the jobsite address or legal description. 3: The date the parties entered into the contract. 4: The estimated date of completion of all work to be performed under the contract. 5: A description of the work to be performed under the contract. 6: The total dollar amount to be paid to the contractor by the owner for all work to be performed under the contract, including all applicable taxes. 7: The dollar amount of any advance deposit paid or scheduled to be paid to the contractor by the owner. 8: The dollar amount of any progress payment and the stage of construction at which the contractor will be entitled to collect progress payments during the course of construction under the contract. 9a: That the property owner has the right to file a written complaint with the registrar for an alleged violation of section 32-1154, subsection A. 9b: The contract shall contain the registrar's telephone number and website address and shall state that complaints must be made within the applicable time period as set forth in section 32-1155, subsection A. 9c: The information in this paragraph must be prominently displayed in the contract in at least ten point bold type... 9d: ...and the contract shall be signed by the property owner and the contractor or the contractor's designated representative. REQUIRED CORRECTIVE ACTION: The respondent is to submit a copy of a current contract form that complies with A.R.S. § 32-1158

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Arizona Registrar of Contractors Jobsite Inspection Notes o 15% maximum down payment o 25% maximum payment after completion of excavation o 25% maximum payment after completion of steel, plumbing, and concrete o 25% maximum payment after completion of decking o Payment of remaining funds before finishing interior materials or completion • Payments as stated in the respondent’s contract: o $5,198.00 o 30% completion of Excavation o 25% Completion of rebar o 20% completion of Shotcrete o 10% Prior to Pebble o 5% Final Payment Upon Completion Governing Rule: A.R.S. § 32-1154(A)(12) Namely A.R.S. § 32-1158.01 Swimming pool; spa; construction contracts REQUIRED CORRECTIVE ACTION: The respondent is to submit a contract form that complies with A.R.S. § 32-1158 and § 32-1158.01

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Jobsite Inspection Photos 1 Complaint No.: 2024-00966 Investigator: John Smith #194 Inspection Date: 3/1/2024 Inspection Time: 10:30AM Jobsite address: 10195 S. Rolling Water Dr., Vail, AZ 85641

Jobsite Inspection Photos 2 Complaint No.: 2024-00966 Investigator: John Smith #194 Inspection Date: 3/1/2024 Inspection Time: 10:30AM Jobsite address: 10195 S. Rolling Water Dr., Vail, AZ 85641

Jobsite Inspection Photos 3 Complaint No.: 2024-00966 Investigator: John Smith #194 Inspection Date: 3/1/2024 Inspection Time: 10:30AM Jobsite address: 10195 S. Rolling Water Dr., Vail, AZ 85641

Jobsite Inspection Photos 4 Complaint No.: 2024-00966 Investigator: John Smith #194 Inspection Date: 3/1/2024 Inspection Time: 10:30AM Jobsite address: 10195 S. Rolling Water Dr., Vail, AZ 85641

Complainant: Heath Vinyard 10195 S Rolling Water Dr Vail, AZ 85641

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: Pleasure Spas Inc DBA: Pleasure Pools 2004 E Irvington Rd #186 Tucson, AZ 85714

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 6, 2024

License No. ROC 166025

Re: Complaint No. 2024-00966

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 Friday, March 22, 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 reasons1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.

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

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 • We expect the construction process to take between 3 to 6 months starting from the excavation phase. As stated in the submitted complaint form: • Work began December 7, 2023 • Work stopped December 8, 2023 As stated on the Finance Disbursement document: • First payment “Completion of Excavation” has been paid • Disbursement Amount $23,659.79 • Total Disbursed Amount (to date) $28,857.79 Per contract, the next payment is not due until “Completion of rebar”. Governing Rule: A.R.S. § 32-1154(A)(1): Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal. Governing Rule: A.R.S. § 32-1154(A)(3) – R4-9-108(b): Violation of any rule adopted by the registrar; Namely R 4-9-108(b): A contractor shall perform work in accordance with any applicable building codes...

ADDITIONAL VIOLATIONS In addition to the allegations in the complaint, the following violations were verified:

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 6: The total dollar amount to be paid to the contractor by the owner for all work to be performed under the contract, including all applicable taxes. 7: The dollar amount of any advance deposit paid or scheduled to be paid to the contractor by the owner. 8: The dollar amount of any progress payment and the stage of construction at which the contractor will be entitled to collect progress payments during the course of construction under the contract. 9a: That the property owner has the right to file a written complaint with the registrar for an alleged violation of section 32-1154, subsection A. 9b: The contract shall contain the registrar's telephone number and website address and shall state that complaints must be made within the applicable time period as set forth in section 32-1155, subsection A. 9c: The information in this paragraph must be prominently displayed in the contract in at least ten point bold type... 9d: ...and the contract shall be signed by the property owner and the contractor or the contractor's designated representative. REQUIRED CORRECTIVE ACTION: The respondent is to submit a copy of a current contract form that complies with A.R.S. § 32-1158

Pool Contract Investigator’s Observations: The respondent’s contract does not include Provisions 1, 3, and 4 of A.R.S. § 32-1158.01 The payment schedule is not in compliance with the progress payments as allowed by Provision 2. • Payments as per provision 2: o 15% maximum down payment o 25% maximum payment after completion of excavation o 25% maximum payment after completion of steel, plumbing, and concrete o 25% maximum payment after completion of decking o Payment of remaining funds before finishing interior materials or completion • Payments as stated in the respondent’s contract: o $5,198.00 o 30% completion of Excavation o 25% Completion of rebar o 20% completion of Shotcrete o 10% Prior to Pebble o 5% Final Payment Upon Completion Governing Rule: A.R.S. § 32-1154(A)(12) Namely A.R.S. § 32-1158.01 Swimming pool; spa; construction contracts REQUIRED CORRECTIVE ACTION: The respondent is to submit a contract form that complies with A.R.S. § 32-1158 and § 32-1158.01

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

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

John Smith, Investigator #194 (520) 483-0027 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Arizona Registrar of Contractors Compliance Notes

Date: 3/22/2024

Complaint No.: 2024-00966 Investigator: John Smith #194

Complainant: Heath Vinyard

Respondent: Pleasure Spas Inc DBA Pleasure Spas

Compliance Notes:

Number of days allowed for corrective work per the Directive: 16 Number of days from issuance of the Directive to the date of this letter: 16

General Notes: The respondent has not performed any work during the Directive period. The respondent has not submitted a request to extend the Directive timeframe.

Compliance Findings: The respondent has not taken appropriate corrective action to comply with the Directive. Governing Rule: A.R.S. § 32-1154(A)(22): Failure to take appropriate corrective action to comply with this chapter or with the rules adopted pursuant to this chapter…

RCC100 11/14

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Heath Vinyard, Case No. 2024-00966 COMPLAINANT, v. Pleasure Spas Inc., CITATION DBA: Pleasure Pools License No. ROC 166025,

Pleasure Spas Inc., DBA: Pleasure Homes License ROC 201430, RESPONDENT.

The Registrar issues this Citation to Pleasure Spas Inc. DBA: Pleasure Pools and Pleasure Spas Inc. DBA: Pleasure Homes (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by April 11, 2024, then under A.R.S. § 32-1155(C), Respondent’s failure to answer may be deemed an admission of the act or acts charged in the underlying complaint, and the Registrar may then suspend or revoke Respondent’s license(s). THE WRITTEN COMPLAINT On January 24, 2024, Heath Vinyard (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating: //

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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 :1 A.R.S. § 32-1154(A)(1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal. Charge :2 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 :3 A.R.S. § 32-1154(A)(3) - R4-9-108(b) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9- 108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity. Charge :4 A.R.S. § 32-1154(A)(12) - A.R.S. § 32-1158 Failure in any material respect to comply with this chapter; Namely A.R.S. § 32-1158. Charge :5 A.R.S. § 32-1154(A)(12) - A.R.S. § 32-1158.01 Failure in any material respect to comply with this chapter; Namely A.R.S. § 32-1158.01. Charge :6 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

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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 a hearing has been held.

If the matter proceeds to a hearing and the administrative law judge determines that any

of the charges listed above are supported by a preponderance of the evidence, then

Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be

subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E)

and (F).

FILING A WRITTEN ANSWER

Respondent must appear by filing with the Registrar a written answer to the citation and

complaint showing cause, if any, why Respondent’s license(s) should not be suspended or

revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading

“Written Answer to Citation and Complaint” and should include the case number, which is

Case No. 2024-00966.

How to File a Written Answer: Respondent’s written answer may be submitted in the

following ways:

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

The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. 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 April 11, 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. of 6

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. 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).

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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 Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated March 27, 2024. By: /s/ Tedi Quezada Tedi Quezada Legal Assistant Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, March 27, 2024 to:

// // // of 6

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Respondent Certified Mail No: [number redacted]

Pleasure Spas Inc. DBA: Pleasure Pools 2004 E Irvington Rd #186 Tucson, AZ 85714

Copy mailed by USPS First Class mail this same date to: Respondent Pleasure Spas Inc. DBA: Pleasure Pools 2004 E Irvington Rd #186 Tucson, AZ 85714

Complainant Heath Vinyard 10195 S Rolling Water Dr. Vail, AZ 85641

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. 2024-00966

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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 Received by Investigations 3/5/24, 3:02 PM State of Arizona Mail - FW: Lyon conformation 03/05/2024 From the Complainant John Smith <[email redacted]>

FW: Lyon conformation [email redacted] <[email redacted]> Mon, Mar 4, 2024 a To: John Smith <[email redacted]>

Good afternoon.

We just noticed this on Pleasure Pools AROC lookup. We’re not sure what the bond being canceled means.

Thank you.

Heath

[Quoted text hidden]

https://mail.google.com/mail/u/0/?ik=78b31fbe7e&view=pt&search=all&permmsgid=msg-f:[number redacted]&simpl=msg-f:[number redacted] 1/1 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

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

Heath Vinyard Mailing Address (Enter jobsite in Contract/Project section) City State Zip

10195 S Rolling Water Dr Vail Arizona 85641 Phone Number Email

[number redacted] [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)

Pleasure Spas Inc ROC 166025 Street Address City State Zip

2004 E Irvington Rd #186 Tucson AZ 85714 Phone Number Email

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

Owen Brown Contract/Project Information Contract Date Contract Amount Amount Paid

September 18, 2023 $84,063.98 $28,857.79 Date Work Started Date Work Stopped Date Work Was Completed

December 7, 2023 December 8, 2023 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

10195 S Rolling Water Dr Vail AZ 85641 Name of Construction Site Owner Construction Site Name (if applicable)

Heath Vinyard Phone Number of Construction Site Owner Email of Construction Site Owner

[number redacted] [email redacted] This complaint is for Abandonment I have contacted the contractor by Phone/Text;Email Have you filed a complaint in court? No Has any work been corrected? No

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

The contract was Written All change orders were Written This project was Residential This project involved Other Residential Pool A building permit was obtained by Contractor P18MP00069 Vail, AZ Pima County 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)

Pool was dug and then nothing scheduled after. After repeated attempts to get the project moving, and all requested funds released, nothing has been scheduled and unable to get the project moving forward to completion.

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

Heath Vinyard \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 Zoho Sign Document ID: 2E78EB6C-M2TAMI1-BKCK0RN1CX6MCSVDQRNYERDO3XK_CRJ1OJ4

Date: September 18, 2023 _______________________ The terms and condiƟons on this, the following pages, construcƟon plans, and the model engineering plans, are part of this agreement. This agreement is conƟngent on acceptance by Pleasure Pools. For this agreement "Contractor" refers to Pleasure Pools. This agreement, dated above, is between Contractor and the party named below, herein named "buyer".

Heath Vinyard Name: ______________________________________________________________________________________________________

10195 S Rolling Water Dr. Vail, AZ 85641 ConstrucƟon Address: __________________________________________________________________________________________

Lot # ________________________________ n/a Subdivision _____________________________________________________________

10195 S Rolling Water Dr. Vail, AZ 85641 Mailing Address: ______________________________________________________________________________________________

949-232-5900 Primary Phone #: ______________________________________ n/a Alternate Phone #: _______________________________________

Text Messages OK: Y ✔ N [email redacted] Email Address: ______________________________________________________________________

492 Max Surface Area: _________ 98 Max Perimeter: ________ 18' Max Width _________ 31' Max Length: _________

Rectangle Pool Design: ________________________________ Depth Profile: 3'-6" ________ Ō to Up ________ Ō to n/a to 7 Ō ________ Included in all packages unless otherwise stated: final site clean-up (remove all garbage and materials, basic grade) Pool care and start up instrucƟon in person, Basic Maintenance kit & start-up chemicals. All necessary insurance policies.

General ConstrucƟon

✔ 1. Basic rebar engineering ___________________________________________________________________________________

✔ 2. Building Permit __________________________________________________________________________________________

✔ 3. Layout and forming _______________________________________________________________________________________

✔ 4. ExcavaƟon/Dirt Removal ___________________________________________________________________________________

Through right side of house, per plans. ✔ 5. Access _________________________________________________________________________________________________

6. Landscape RestoraƟon by: Pleasure Pools Homeowner Bobcat Pathway: Rake back rocks by Details: _________________________________________________

Pleasure Pool and Spas. ____________________________________________________________________________________________________________

Pillar down by Pleasure Pools 7. Wall Down by: _____________________________________________________________________________________________

Pillar up by Pleasure Pools 8. Wall up by: ________________________________________________________________________________________________

n/a 9. Trees/Stumps removed by: ____________________________________________________________________________________

Within 1" of existing patio deck. 10. Pool ElevaƟon: ____________________________________________________________________________________________

____________________________________________________________________________________________________________ Zoho Sign Document ID: 2E78EB6C-M2TAMI1-BKCK0RN1CX6MCSVDQRNYERDO3XK_CRJ1OJ4

Plumbing and Equipment

Up to 4 return outlets. 11. On site pressure tested plumbing schedule 40 pvc. Return QuanƟty___________________________________________________

12. Pipe Size: Returns 1-1/2" 2" ______in. Main Drain _____in. 2" Skimmer _______in. 2" Equipment to Pool ______ in.

Suction Side: Barracuda G3 13. Cleaning System ___________________________________________________________________________________________

Variable Speed. 14. Pump: ___________________________________________________________________________________________________

15. Heater: n/a Natural Gas: BTU: ______ n/a in Skimmer _____

16. Freshwater fill line with anƟ- siphon breaker:

17. Saltwater System n/a _______________________________________________________________________________________

17b. One 24" and Two 18" Sheer Descent Water Features in raised walls of pool. The 24" in +18" ____________________________________________________________________________________________________________

raise and the two 18" water features in the +12" raised walls of pool. ____________________________________________________________________________________________________________

____________________________________________________________________________________________________________

Steel Schedule

18. Standard Steel Reinforcing per standard expansive soil standards

19. All steel installaƟons will meet all building code requirements and pass local inspecƟon.

20. Other steel specificaƟons: ___________________________________________________________________________________

____________________________________________________________________________________________________________

Electrical SpecificaƟon

2-Color LED Nichless 21. ✔ ___________________________ Light with GFI

per, plans Ō. run to homeowner’s adequate service panel. 22. ✔ Electrical connecƟon with ____________

In Remote System. Remote Control System: Web Based, control your pool 23. ✔ Switch locaƟon: _______________________________________________________________________________________

funtions from any Smart Device and or Computers. ____________________________________________________________________________________________________________

____________________________________________________________________________________________________________

____________________________________________________________________________________________________________ Zoho Sign Document ID: 2E78EB6C-M2TAMI1-BKCK0RN1CX6MCSVDQRNYERDO3XK_CRJ1OJ4

Shotcrete

24. Shotcrete, pneumaƟcally applied concrete, 6.2 sack mix, per engineered model plan

25. Steps: ______________________________ 1 Benches: _______________________________ 6' w/ step out Length: ______________________

26. Lagoon Bench per plan: YES. ✔ NO _________________________________________________________________________

____________________________________________________________________________________________________________

Tile

To be selected from standard selections. 27. 6” Perimeter Waterline Tile DescripƟon _________________________________________________________________________

28. Raised Bond Beam Tile: ✔ YES *10' of +12", 5' of +18" NO. Details: _________________________________________________________________

29. Tiles on Steps & Benches: YES ✔ NO Details: ________________________________________________________________

*Additional Specifications to #28 above: Raised wall face all sides to be stone from standard ____________________________________________________________________________________________________________

selections, cap to match pool coping. ____________________________________________________________________________________________________________

Deck

*916 sq. ft. of Traverine Coping and 3 piece Travertine Decking. 30. Deck Area and Type: ________________________________________________________________________________________

From standard selection. 31. Deck Color: _______________________________________________________________________________________________

*Or Acrylic Spray Deck w/ grey color skimmer and auro-fill lids or of travertine if using travertine. ____________________________________________________________________________________________________________

____________________________________________________________________________________________________________

Interior Finish

32. Plaster ✔ Pebble Tech Other ________________________________________________________________________

____________________________________________________________________________________________________________

To be selected from base pool package colors. 33. Interior Finish Color: ________________________________________________________________________________________

____________________________________________________________________________________________________________

____________________________________________________________________________________________________________ Zoho Sign Document ID: 2E78EB6C-M2TAMI1-BKCK0RN1CX6MCSVDQRNYERDO3XK_CRJ1OJ4

Spa SpecificaƟons

n/a 34. Jets: _____________________________________________________________________________________________________

See #28 above and attached site plan. 35. Raised: ___________________________________________________________________________________________________

n/a 36. Spa Size: _________________________________________________________________________________________________

n/a 37. Spa Type: _________________________________________________________________________________________________

____________________________________________________________________________________________________________

Landscape

38. Turf: ✔ YES Per plans. NO Details: __________________________________________________________________________________

39. Pavers: YES ✔ NO Details: _______________________________________________________________________________

40. Other: ___________________________________________________________________________________________________

____________________________________________________________________________________________________________

NOTES

1. All payments are due upon receipt of invoice. Non-Payment will result in a pause in the work on the project. Once payment has been made you will be placed back into the project que. This may result in a delay in your project. 2. There will be a charge for each change or addiƟon from the agreed proposal and plan. 3. Financed purchase installment contracts will comply with requirements for consumer credit cost disclosure. 4. Pleasure Pools assumes no responsibility for the following items: sewer lines, inadequate electrical service panel, overhead electric and uƟlity lines, underground uƟliƟes, curbs, drives, sidewalks, irrigaƟon systems, and any other underground services or uƟliƟes. 5. ALL agreements must be in wriƟng, verbal agreements are void. 6. Owner understands city/county fence and gate requirements (barrier- enclosure codes) 7. See addiƟonal Addendum Pages

_______________ ___________________ IniƟal IniƟal Zoho Sign Document ID: 2E78EB6C-M2TAMI1-BKCK0RN1CX6MCSVDQRNYERDO3XK_CRJ1OJ4

Notes/Details

Contract Price before discount and taxes: $89,846.50 ____________________________________________________________________________________________________________

Contract Price with discount before taxes: $80,861.85 ____________________________________________________________________________________________________________

**Final Contract Price including Pima County tax rate of 3.96%: $84,063.98 ____________________________________________________________________________________________________________

**Price good through September 19, 2023. ____________________________________________________________________________________________________________

____________________________________________________________________________________________________________

1- Includes installation of spring to self close existing gates. ____________________________________________________________________________________________________________

1a- Existing gates must be a minimum of 5' tall. If shorter than 5' tall a bid will be provided upon ____________________________________________________________________________________________________________

request to replace them. ____________________________________________________________________________________________________________

2- One alarm for slider and CPR sign included. ____________________________________________________________________________________________________________

3- Perimeter property walls to code by buyer. Property walls are to be of a minimum of 5' tall as ____________________________________________________________________________________________________________

measured from the outside of your property walls to meet city code. ____________________________________________________________________________________________________________

____________________________________________________________________________________________________________

____________________________________________________________________________________________________________ Zoho Sign Document ID: 2E78EB6C-M2TAMI1-BKCK0RN1CX6MCSVDQRNYERDO3XK_CRJ1OJ4

Payment Terms

Pool 80,861.85 Contract Amount: $_______________________ Sales Tax: 3,202.13 - "Pima County 3.96%" $ _______________________ Total Amount: 84,063.98 $ _______________________ Down Payment: $ 5,000 + Tax 198.00 5,198.00 ________ = ____________________

Payment Schedule: 22,758.55 + tax ( 901.24 ) =23,659.7930% CompleƟon of ExcavaƟon 18,965.46 + tax ( 751.03 ) =19,716.49 25% CompleƟon of Rebar 15,172.37 + tax ( 600.83 ) =15,773.20 20% CompleƟon of Shotcrete 7,586.19 + tax ( 300.41 ) = 7,886.60 10% CompleƟon of Deck 7,586.19 + tax ( 300.41 ) = 7,886.60 10% Prior to Pebble 3,793.09 + tax ( 150.21 ) = 3,943.30 5% Final Payment Upon CompleƟon

Landscape/Hardscape n/a Landscape Contract Amount: $_______________________ Sales Tax: n/a $ _______________________ Total Amount: n/a $ _______________________

Landscape/Hardscape Payment Schedule n/a + tax ( n/a ) = n/a 50% shotcrete of pool n/a + tax ( n/a ) = n/a 50% CompleƟon of landscape/hardscape

__________________________________________________ September 18, 2023 _________________________________ Customer Signature Date

__________________________________________________ ________________ Sep 18 2023 _________________________________ Customer Signature Date

___________________________________________________ Sep 18 2023 _________________________________ Pleasure Pools Signature Date Zoho Sign Document ID: 2E78EB6C-M2TAMI1-BKCK0RN1CX6MCSVDQRNYERDO3XK_CRJ1OJ4

Pool Construction Information and Clarification Page

This document is given to provide additional information about the pool construction process. It will need to be read carefully and signed to ensure that all parties involved fully understand all aspects of the large construction project we are agreeing to undertake. This signed document is considered part of the pool contract and ensures Pleasure Pools has communicated some of the challenging aspects of the construction process to you.

Please ask any questions and/or concerns you may have about any information stated here. Upon signing this form, you are accepting full understanding of all the information provided.

Landscape restoration and/or utility line repairs are not included in the base pool package pricing. If you chose to have Pleasure Pools be responsible, you will be charged according to the scope of work involved. If not, the owner will be responsible for moving landscape rocks, plants, or any other items in ALL of the work areas including the access, utility line, pool, decking, and any other areas we will be working in before the pool layout is done.

Sidewalk repair is not included in the base pool pricing. Usually they do not break/crack, but there is a possibility that this could happen, since there will be large, heavy trucks driven over the sidewalk. If needed, we can repair breaks/cracks at a cost of $200.00 per standard sidewalk square.

We will make a mess in the street. This is unavoidable. It will not be any different from other pool construction projects. We will cleanup any loose-dry dirt, etc. each day if possible. It is possible that there could be permanent oil spots, scratches, or other minor damage during the construction due to the usage of dump trucks, concrete trucks, forklifts, delivery trucks, excavators, skid-steers, large compressors, and pump rigs, etc. We will be using any parking spaces available, this includes parking in front of your neighbors’ houses if more room is needed, for the workers trucks, trailers, and equipment. We try to make this as unobtrusive as possible, but it can be inconvenient for you and your neighbors at times. We can come and power-wash the street and clean it up as best as possible at the end of the project.

I have been informed and understand the landscape restoration and cleanup aspects of this project.

Initials __________________

One of the most difficult aspects of pool building is dealing with change orders. These can result in mistakes and misunderstandings. To avoid this, we will need every change order to be executed using an addendum to the contract. It will state the complete scope of the work that is being modified, added, or removed, the agreed upon price for the changes, signatures, and date. This will be added to the contract as a permanent record. VERBAL AGREEMENTS WILL NOT BE BINDING.

Understand that any change orders may result in delays to the construction time because said changes will have to be noted, plans may have to be revised, the scheduler, project manager, bookkeepers, sub-contractors, material suppliers or other pertinent people will have to be informed/updated as to the new plan of events to avoid confusion and mistakes.

I understand how the change order process works. Initials ___________________

The mini pebble (or any other) pool interior finish will not be a uniform hue. It will have lighter and darker areas because it is a hand troweled product that will have areas with a more or less dense pebble and cement base concentration. The cement base is subject to staining, this is much less noticeable with one of the recommended blue choices, especially Tahoe blue. Your mini pebble interior finish will be long lasting and will have a great overall look when it is filled with water, but please understand that there are inherent color variations with lighter and darker areas within the pool.

I understand that the mini pebble interior finish will have color/texture variations. Initials ______ ___________ Zoho Sign Document ID: 2E78EB6C-M2TAMI1-BKCK0RN1CX6MCSVDQRNYERDO3XK_CRJ1OJ4

When you decide to have a pool constructed, it is because you desire to swim- and our goal is to get you swimming as soon as possible! For a typical pool without any complications, specialties, or modifications, we expect the construction process to take between 3 to months starting from the excavation phase. There are numerous factors that are beyond our control, such as sub trades' schedules, weather conditions, illness, material delays, and change orders. We will always make an effort to inform you about these issues and keep you informed about the expected schedule dates. There will be periods when no workers are present at your site- this does not imply that we have forgotten about you or your project. Every project has its natural ups and downs. If you have any inquiries about your project's timeline, please contact the operations manager via text, email, or phone call

I understand the fluid timeline of this construction process. Initials ___________

During a large project like this, it is natural to experience moments of frustration or confusion. We will not tolerate any form of disrespectful or aggressive conduct towards our staff or subcontractors. Our office hours are from 8-4:30, Monday to Friday. While you are free to contact us via email or text at any time, please note that we will only respond in case of emergencies outside of these hours. We are all human and mistakes can happen. Just as we will treat you with kindness and respect, we expect the same in return. We encourage you to express your feedback in a polite and respectful manner. If you engage in rude or abusive behavior towards our staff, you will receive one written warning. After that, we reserve the right to terminate your contract. At that time, all payments up to and including the current stage of the project will be due.

I understand the expectations for respectful conduct and agree to these terms. Initials ___________

The biggest source of dissatisfaction on a new pool project is often the decking. THERE IS NO PERFECT DECKING MATERIAL- ALL DECKING HAS INHERENT FLAWS. Any choice of a deck material will have a compromise of some kind. The more decking that is added to a project, the greater the chance that there will be minor flaws. We will always install decking using skilled personnel and the highest quality standards possible, but there is still the possibility of minor cosmetic imperfections.

CONCRETE DECKING WILL ALWAYS HAVE THE POSSIBILITY OF MINOR CRACKS. We install control joints in the concrete to attempt to create "break points" throughout the concrete deck. Most often, the concrete will crack in the control joints. There is always the possibility that your concrete could crack outside the control joints. These cracks are cosmetic only and not structural; never so wide that a penny could fit in the crack and never more than one crack in any area between the control joints. Very small, hairline cracks running perpendicular from the pool edge are possible because concrete is designed to cure on dirt while the edge of the pool is concrete (shotcrete).

While your concrete will be professionally finished, please understand that it is a hand finished, troweled product that can have small imperfections - as can anything that is hand crafted by humans.

Concrete will cure differently every time it is poured. The color samples are approximate, and each time concrete is poured, it can have a different shade. COLORED (OR GRAY) CONCRETE WILL CURE OUT "SPLOTCHY" AND WILL HAVE LIGHT AND DARK SPOTS. Concrete will take years to cure out to its final color, although it will be close to its final color within one year. None of these situations are defects, they are inherent characteristics of colored (or gray) concrete. Colored concrete (especially darker color selections which we do not recommend) can be quite hot in direct sunlight in the summer.

Cool Deck/Acrylic Lace is a topping placed on top of the concrete. It is a product that is troweled to a "knockdown" textured finish. It is not always uniform around the entire deck due to weather, sun/shade variations and other factors. Cool Deck/Acrylic Lace is not cool when it is in direct sunlight on the hottest days of the summer (although it is cooler than other products). If you want the Zoho Sign Document ID: 2E78EB6C-M2TAMI1-BKCK0RN1CX6MCSVDQRNYERDO3XK_CRJ1OJ4

coolest decking possible, you should select a very light and bright color. Cool Deck/Acrylic Lace can deteriorate over the years and may need to be redone in the future, but it is a very good choice for a comfortable, relatively cool, nonslip deck around a pool.

Concrete pavers are very hot in direct sunlight. The color blends can have a wide variance of dominant colors each time they are manufactured. They will fade and lose their brightness over time. They are not a comfortable pool edge. On the plus side, they are very durable, easy to repair, easy to add to or modify the shape of the decking area. They are attractive and colorful.

Travertine can be very slippery around a wet pool environment. It can and will create a slipping hazard and is not recommended for households with children. It is a natural stone with cracks, holes and chipped edges in some cases and can have wide color variations even in the same pallet. On the plus side, it is very durable/long-lasting, will not lose its color, is easily repairable, is able to be extended, is relatively cool (especially ivory color) and can look very beautiful - especially on linear pool designs.

I understand the inherent flaws in any type of decking. Initials ___________________ ______

Use of Project Media for Marketing Purposes

Pleasure Pools understands the importance of showcasing our work and sharing the exciting progress of our projects with others. As part of our marketing efforts, we may capture photographs and videos of the construction process and the completed project.

We value your privacy and will always respect your personal space. Rest assured that any media featuring your project will be used in a professional and respectful manner. We will never disclose personal information or sensitive details without your explicit permission.

We invite you to consider participating in the documentation of your project. Your involvement can enhance the marketing materials and provide a more personalized representation of your unique vision coming to life. If you are interested in actively participating in the media content creation, please let us know, and we will discuss the possibilities with you.

We understand that privacy is a priority, and we want you to feel comfortable throughout the construction process. If you have any concerns or prefer that no media is used for marketing purposes, please inform us, and we will ensure your wishes are respected.

Please note that your decision to participate or not participate in the media documentation will not impact the terms and conditions of the contract or the quality of service provided by Pleasure Pools.

If you have any questions or require further clarification about the use of project media for marketing purposes, please do not hesitate to reach out. We are here to address any concerns you may have.

Thank you for your understanding and cooperation.

I understand the social media and marketing intentions. Initials ___________

I have fully read and completely understand all of these statements and appreciate that this document is designed to enhance my understanding of the pool construction process and my expectations of the finished product.

Signed _______________ __________________________________________ Sep 18 2023 Date _______________________________

Signed __________________________________________ Date _______________________________

Signed __________________________________________ Date _______________________________ Zoho Sign Document ID: 2E78EB6C-M2TAMI1-BKCK0RN1CX6MCSVDQRNYERDO3XK_CRJ1OJ4

Limited WarranƟes, Guarantees and CondiƟons

1. Contractor warrants all work to be defect free in materials and workmanship. 2. Plans, specifica ons, and addendums a ached to this contract form part of this contract. In cases where the plans, specifica ons and/or addendums conflict, the terms of the contract will prevail. 3. Measurements provided in the plans, specifica ons and addendums are approximate. Varia on up to 3% (for that specific sec on) will be considered as reasonable tolerance. In the event of an error in excess of reasonable tolerance a $4.50 per square foot (for a specific space measured in sq ), and $14.00 per lineal foot (for a specific space measured in lineal ) of pool perimeter will be reimbursed to the owner for damages at the end of the pool build. 4. In service equals pool comple on and is considered from the day that the equipment is started.

Soil CondiƟons

5. Unusual soil condi ons are not predictable or detectable in many instances to either the Buyer or the Contractor. If the contractor encounters soil condi ons which the equipment on site is unable to excavate, the owner agrees to pay addi onal costs associated with the comple on of the excava on. Such soil condi ons may include the following examples: caliche, large rocks, clay, high water table, granite, boulders, concrete, underground u li es (abandoned or ac ve), cesspools, low density fill, expansive soil, or any other object which the excava on equipment on site cannot remove in an 8-hour period. Some examples of addi onal equipment which may be needed to complete an excava on are: larger excava on equipment, jack hammers, blas ng, torches for cu ng, ripper tooth machinery, and other "hard dig" equipment. 6. Soil removal from the site, and deck grading are Included in this agreement unless otherwise specified in wri ng. Soil le on site at the request of the Buyer shall be the Buyers responsibility. Grading of the site is not included in this agreement, unless specified within the agreement in wri ng.

Yard Drainage

7. Proper yard drainage, away from the deck and pool, are the sole responsibility of the Buyer. Retaining walls, rip-rap, gu ers, grading and any other necessary modifica ons to the property are the sole responsibility of the homeowner and no allowance for such modifica ons are included in this agreement unless specified in wri ng in this agreement. Inadequate drainage can cause failure of the pool structure, deck, plumbing, and other systems associated the pool and or spa, such damages specified and unspecified are the sole responsibility of the Buyer.

Delays

8. Contractor will construct the pool In a diligent manner, but Contractor is not responsible for delays and/or damages resul ng from a failure to perform work or supply materials and/or equipment due to acts of Nature, God, inclement weather, war, riot, strikes, civil disturbance, Government prohibi ons, delays caused by the Buyer or Buyers Agents, permit delays, delays caused by u li es, or any other reasons outside of the direct control of the Contractor. 9. Any me a change order is requested by the buyer a delay is likely to occur. If a homeowner requests a change it will pull their project out of cue and once ALL documents and payments are in order the project will be placed back in the que. The Contractor is not responsible or liable for these delays.

10. If the buyer has not selected their finishing materials by the me excava on occurs their project may experience delays while we wait for material choices. Once choices are made the project will be placed back into the cue. The Contractor is not responsible or liable for these delays.

Pricing

11. Quote prices are only valid for 2 weeks from the me of being issued to the me of receiving a deposit AND signed contract. 12. Prices are fixed upon signing of the contract for the contracted work detailed within the contract. Any changes a er this me will be addressed in the form of a change order. Zoho Sign Document ID: 2E78EB6C-M2TAMI1-BKCK0RN1CX6MCSVDQRNYERDO3XK_CRJ1OJ4

Owners Responsibility

13. The swimming pool shall be constructed upon the land in an area designated by the Buyer. The Buyer warrants that he is familiar with the loca on of property lines. The Buyer Is completely responsible for and will pay for any needed costs associated with zoning variances, waivers, easements, associa on permits and any other costs needed to construct within the area designated by the Buyer. Owner covenants and indemnifies and will save harmless the Contractor from any suit, claim or ac on of the buyer or third party, firm, corpora on, or any other en ty for the loca on of the swimming pool/spa in the loca on designated by the Buyer. 14. Buyer will provide clear and open access of 10 feet (unless otherwise specified within this agreement). Buyer will provide site clear of debris, weeds, and any other. objects which would interfere with equipment and worker access within the construc on site and access ingress/egress. The Buyer will protect all trees, shrubs, plants and other objects the Buyer wishes to preserve within the immediate and adjacent area of construc on. 15. The Buyer will be responsible, for obtaining access permission via adjacent property, not owned by the Buyer, and will be responsible and hold Contractor harmless, for any damage to such adjacent proper es. Buyer accepts all risks associated with Contractor’s use of adjacent property. 16. All risks for damage to sidewalks, driveways, curbs, plants, lawns, sewers, sep c, leech fields, underground lines, irriga on lines and implements, fences, and other objects on the Buyers property, and adjacent proper es which the Buyer has obtained permission to use for access and construc on. 17. Buyer will furnish any power, water, or other u lity necessary to construct the swimming pool/spa. Any necessary upgrades or modifica ons to exis ng u li es service, electrical panel, reloca on of u li es and overhead powerlines, communica on lines and other services are the sole responsibility and at the expense of the Buyer. 18. Buyer assumes all responsibility and expense for damage to the swimming pool and other Items associated with the construc on of the swimming pool from vandalism, the , Irriga on systems, u li es, and any other person or thing - outside the direct control of the Contractor, while pool is being constructed. 19. Fencing, barrier code compliance, and enclosure code compliance are not included in this contract unless directly specified above. Buyer will comply with all codes regarding enclosure and barrier code compliance at Buyers expense.

Financing

20. Contractor may assist the buyer in obtaining financing, but in no event are the financing arrangements a condi on of this contract. It is agreed financing Is the absolute responsibility of the Buyer. If installment payments are part of this contract, it is agreed that (time is valuable, important and of the essence. Should any payment/s become delinquent, the entire balance of principle may be declared due and payable upon the request of the Contractor.

AƩorney Fees

21. In the event the services of an a orney are required by the Contractor for enforcement of any provision of this contract, including by not limited to an cipatory breach of this contract, failure to pay any of the sums required within the contract, or alterna vely resul ng out of any claim made against the Contactor by the Buyer, than in such event, if the Contractor is successful in the recovery of any such sums or does not successfully avoid any of the relief sought by the Buyer against the Contractor, than Buyer agrees to pay reasonable a orney's fees and all other costs in defense incurred by the Contractor.

General

22. This contract shall be binding upon the inure to the benefit of the executors, administrators, assigns and legal successors of the par es hereto. 23. This contract is the full agreement between the par es and par es are not bound by any statements or representa ons or oral expressions by any agent or person purpor ng to act for on behalf of either party. This agreement is not binding upon the contractor unless and un l it is accepted by an authorized oﬃcer of Pleasure Pools. Copies do not require wri en acceptance. Zoho Sign Document ID: 2E78EB6C-M2TAMI1-BKCK0RN1CX6MCSVDQRNYERDO3XK_CRJ1OJ4

Limited Warranty

This limited warranty is subject to the Buyer complying with the following condi ons: - The pool/spa will be filled with water at all mes except for the purposes of repair or maintenance not to exceed 9 days. - The swimming pool shall be used in a normal and reasonable manner and shall be operated in accordance with the Pleasure Pools instruct. - All guarantees and warran es become eﬀec ve when Pleasure Pools receives the complete contract amount including any addendum or change order amounts.

Warranty

Pleasure Pools warrants the construction work performed to be defect free in materials and workmanship for a period of UXP yearV. The shotcrete pool structure is BZFBSwarrant\ against leaks due to materials or craftsmanship to the original Buyer. Manufactured parts KDYHD\HDUPDQXIDFWXUHUVZDUUDQW\ There will be no labor charges to repair or replace parts or to adjust equipment during the warranty period. Wear and tear, abuse, and neglect are not warranted. There is no warranty covering walkways or decking from cracking, raising, settling or discoloration unless proven to be the result of defective workmanship or materials supplied by the Contractor. Pool Interior Ls not warranted against discoloration or staining since these are often due to local water conditions, weather conditions, lack of cleaning and improper chemical usage.

Performance

29. To obtain performance the Buyer should contact Pleasure Pools at 2004 E Irvington Rd, Suite # 186, Tucson Arizona 85714. 520-403-8960. 30. Pleasure Pools is not responsible for the replacement of water, chemicals, or energy as a result of performing any work under the Limited Warranty of this agreement. 31. In the event Pleasure Pools Is requested to perform warranty work under this Limited Warranty and a service representa ve is sent to the pool site and determines that no service is required by this warranty, then the Buyer will be responsible to pay Pleasure Pools a reasonable service fee for the service call.

NoƟce to the Buyer

- Do not sign this contract before you read it. - Do not sign the agreement if it contains blank spaces. - You are en tled to an exact copy of the contract you signed.

We have read and agree to the above noted points that are part of our contract:

___________________________________________________ ______________ Sep 18 2023 ___________________________ Buyers Signature Date

___________________________________________________ ___________________________ Buyers Signature Date Zoho Sign Document ID: 2E78EB6C-M2TAMI1-BKCK0RN1CX6MCSVDQRNYERDO3XK_CRJ1OJ4

NoƟce of CancellaƟon

You may cancel this transac on, without any penalty or obliga on, within three business days from the transac on date _______________________________. If you cancel, any property traded in, any payments made by you under the contract sale, and any nego able instrument executed by you will be returned within 10 days following receipt by the seller of your cancella on no ce, any security interest arising out of the transac on will be cancelled.

If you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any goods, drawings, or literature delivered to you under this contract or sale, or you may Lf you wish, comply with the Lnstructions of the seller regarding the return shipment of the goods at the seller’s expense and risk. If you do make the goods available to the seller and the seller does not pick them up within 20 days of the date of your no ce of cancella on, you may retain or dispose of the goods without any further obliga on. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract.

To cancel this transaction, maLl or deliver a signed and dated copy of this cancellation notice or any other written notice, or send a telegram to Pleasure Pools 2004 E Irvington Rd, Suite # 186, Tucson AZ 85714.

I hereby Cancel this transac on.

___________________________________________________ ___________________________ Buyers Signature Date

___________________________________________________ ___________________________ Buyers Signature Date From: Crystal Heath <[email redacted]> Date: December 12, 2023 at 8:42:39 AM MST To: [email redacted], [email redacted], [email redacted] Subject: Payment Confirmation - Erika Vinyard Reply-To: Crystal Heath <[email redacted]>

DISBURSEMENT CONFIRMATION

Dear Pleasure Spas, Inc DBA Pleasure Pools ,

Lyon Financial has initiated a payment of 23,659.79. You will be paid by direct deposit or by check depending on how you are currently set up with us. If you are being paid by direct deposit funds can take 2-3 business days to post to your account. If you are being paid by check please allow 5-7 business days to receive the funds.

Please see details below:

Loan # [number redacted] Investor EnerBank Borrower Name Erika Vinyard Borrower Address 10195 South Rolling Water Drive Vail, AZ 85641

Disbursed Amount 23,659.79 Total Disbursed Amount (to date) 28,857.79 Pay to Builder (Total) 84,063.98 Please Note: If your mailing address or banking information has changed, please call our office immediately to avoid delays in processing your payment.

As always, thank you for your business! We are continuously adding new loan products to better serve you and your customers needs. Received 4/10/24, 8:21 AM State of Arizona Mail - Case 2024-00966 4/09/2024 ROC Legal

Answers - AZROC <[email redacted]>

Case 2024-00966 messages

Operations <[email redacted]> Tue, Apr 9, 2024 at 4:22 PM To: Answer <[email redacted]> Cc: Owen Brown <[email redacted]>

This email is in response to the citation and complaint issued in case 2024-00966.

Pleasure Pools was willing to complete this project, however, Heath Vinyard has made it clear that he will not allow us to move his project forward. I am attaching the latest email string where we had set a proposed schedule to complete his project.

I understand that Pleasure Pools has a UCC Lien against it which means that the finance company can not provide payment directly to Pleasure Pools. We have worked with Lyon financial to provide a solution in which they will pay the sub trades directly. The homeowner has refused to allow this form of payment.

Technically, according to the contract, payments are the customer's responsibility regardless if they are financed or not. In theory if the finance company refuses to make payment it would be Heath Vinyard's responsibility to make the payments.

Unfortunately, Pleasure Pools is not in a position to do work or have work arranged with Sub Contractors when the customer is refusing payment.

We have offered a cancelation of contract and Heath Vinyard has refused after he requested a cancelation on a number of emails. See attached.

It is unclear to us how we are to complete this project if he is refusing payment and does not want to cancel his contract.

Further to these things, there were hard dig charges at the time of excavation. According to the signed contract these charges are additional and due at the time of excavation. Heath Vinyard has refused to pay his hard dig charges and is therefore in breach of his contract. We do not move forward when there are outstanding payments to be made.

See attached email where Heath states he will not pay. Also attached is the invoice for the hard dig charges and the invoice from the excavation company showing the hard dig charges. We did not add anything on to the hard dig charges simply passed on the exact cost to the homeowner.

We ask for these complaints to be dismissed as the homeowner is clearly not willing to work with us to find a solution to complete this project. And they are unwilling to pay their expenses.

Kindest Regards,

Carly Brown 1.520.403.8960 Office [email redacted] www.pleasurepoolstucson.com

attachments Refusal for work.pdf 170K Hard Dig Extra.pdf 615K

https://mail.google.com/mail/b/AEoRXRR2AQ0hzUEN1B6RsxeqPZiNRjeZzZ3ZDFAHpzQwDHUWtmAz/u/0/?ik=581c53cf5c&view=pt&search=all&per… 1/2 Received 4/10/24, 8:21 AM State of Arizona Mail - Case 2024-00966 4/09/2024 ROC Legal Finance Clause.pdf 723K Refusal to pay hard dig charges.pdf 140K Hard Dig Invoice.pdf 220K Vineyard Excavation.pdf 85K Vinyard Cancel Request.pdf 176K 2nd request to cancel contract.pdf 169K

Operations <[email redacted]> Tue, Apr 9, 2024 at 5:22 PM To: answer <[email redacted]> Cc: Owen Brown <[email redacted]>

This email is further to the one submitted earlier today for case 2024-00966

It would appear that Heath Vinyard has withdrawn his permit, and so there is no hope of a resolve between Pleasure Pools and Heath Vinyard in the completion of this project. [Quoted text hidden]

Vinyard- Permit withdrawn.pdf 99K

https://mail.google.com/mail/b/AEoRXRR2AQ0hzUEN1B6RsxeqPZiNRjeZzZ3ZDFAHpzQwDHUWtmAz/u/0/?ik=581c53cf5c&view=pt&search=all&per… 2/2 Received   |   |       4/09/2024  ROC Legal

RE: uCC

[email redacted]   | SI  TUE FEB 6 7:28 AM •  • INBOX   'Owen Brown' , 'Carly Brown'  

Good morning again. I spoke again to Lyon to find out from their side again what the status is. They did say that they could release the funds directly to the sub-contractors, but that in doing so all invoices must be submitted prior to approval for this. Plus this is at our approval and we do not have to go down that route if we choose not to. Either way, Lyon stated they have not received anything to submit for their approval, let alone ours. So we’re still at a standstill right now with a collapsing hole in the yard and a torn down wall.

I again, request that we mutually agree to rescind the contract and each go our own way and you stated you’d be ok with when we met in person. Please allow us to finish this with another vendor instead of holding here for something that might never happen.

Thank you. Heath

From: [email redacted] <[email redacted]> Sent: Monday, February 5, 2024 8:58 AM To: 'Owen Brown' <[email redacted]>; 'Carly Brown' <[email redacted]> Subject: RE: uCC

Thank you for the response. With everything happening I do not feel comfortable things will proceed. I would hate to be in this position shortly down the line. I would still like to mutually agree to move on and rescind the contract as you suggested.

Thank you. Heath

From: Owen Brown <[email redacted]> Sent: Monday, February 5, 2024 8:55 AM To: silentvin <[email redacted]>; Carly Brown <[email redacted]> Subject: RE: uCC

We are aware that Lyon can't release directly, but they will release to the subs we use. We do have an agreement in place with the subs, as of Saturday, that will get them moving on your pool and other ones as well.

We do apologize that internal issues have affected the timeline, but with this resolve we are confident we will be able to move very quickly to finish oyur pool.

Owen

@mention a user or group to share this conversation  Received 4/09/2024 ROC Legal Received 4/09/2024 ROC Legal Received 4/09/2024 ROC Legal

Invoice # INV-000479

Balance Due $1,247.58

Pleasure Pools Tucson Arizona 85714-1809 U.S.A

Bill To Invoice Date : 09 Jan 2024 Vinyard, Heath 10195 S Rolling Water Dr. Terms : Due on Receipt Vail 85641 Arizona Due Date : 09 Jan 2024

Subject : Hard Dig Charges

# Item & Description Qty Rate Amount

Hard Dig 1.00 1,200.00 1,200.00

Sub Total 1,200.00

Pima & AZ Combined (3.965%) 47.58

Total $1,247.58

Balance Due $1,247.58

Notes Thanks for your business.

Terms & Conditions Payment due upon receipt- Wire transfer.

Wire Information

Wires to: Pleasure Spas Inc 2004 E Irvington Rd #186 Tucson, AZ 85714

Bank: BMO Bank N.A. 320 S Canal St Chicago, IL 60606

Received 4/09/2024 ROC Legal

ABA/[account number redacted]

[account number redacted]

Swift #: HATRUS44

Please send confirmation of wire to [email redacted]

Received   |  |      4/09/2024  ROC Legal

Fwd: RE: Tentative Schedule

Me   | ME  THU MAR 21 12:59 PM •  • SENT   johnsmith  

Good Afternoon John,

As of 3/21/2024 Heath Vinyard has not agreed to the tentative schedule we emailed to him in an effort to move his project forward. I have forward his response to you. He chooses to wait for further directions from AROC.

Kindest regards,

Lorena Rodriguez Office Admin Pleasure Pools & Spas Office: 1.520.403.8960 [email redacted] www.pleasurepoolstucson.com

============ Forwarded message ============ From: <[email redacted]> To: "'Info Pleasure Pools'"<[email redacted]> Date: Wed, 20 Mar 2024 16:41:26 -0700 Subject: RE: Tentative Schedule ============ Forwarded message ============

Hello again. I confirmed with Lyon, my lawyer and our AROC inspector. I am not obligated to pay sub-contractors to finish this project. The contract was with us and Pleasure Pools, not sub-contractors. Of which I will not pay subs, and I need to make that clear. I will not pay subs directly. To do so opens myself up to being financially liable for that money to the UCC lien holders, which I will NOT do.

We have a deadline of 3/22 for the completion of the project, of which nothing has been done. We will see what happens on 3/22, but again, I will not pay sub-contractors directly.

Plus, currently your license is suspended due to disciplinary action. There is no work that can be performed at this time anyway. We will see what happens on and after the 3/22 deadline as to what the next steps are. But as of now, since we are now over 3 months since any work has been done, and well passed the 3-6 month completion timeframe in the contract, I consider this project abandoned by you and your company and we will wait for the verdict from AROC as to the next steps.

Heath

From: Info Pleasure Pools <[email redacted]> Sent: Wednesday, March 20, 2024 2:08 PM To: silentvin <[email redacted]> Subject: RE: Tentative Schedule

Let me know what they say. Our understanding is they will need photos to prove the work has been completed before sending payment

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Re: Payment Reminder on Invoice 000479 - Hard Dig Charge

Heath Vinyard |  |  HV  MON JAN 15 5:23 PM •  • INBOX   Accounting  

Hello. As of right now we've had no work done for 5 weeks. Until something additional happens I won't be paying any more money. If you would like to call about this tomorrow we can talk then. Thanks. Heath

On Jan 15, 2024, at 4:42 PM, Accounting <[email redacted]> wrote:

Hi Heath,

Good afternoon.

I would like to follow-up on your payment for the hard dig charge.

Please let me know if payment has been made. You may also send us a screenshot of your payment.

Thank you.

Regards,

Shiela Paster [email redacted] <Please.jpg>

Reply • Reply All • Forward • Edit as new

@mention a user or group to share this conversation  Received 4/09/2024 ROC Legal

INVOICE Date: December 9th, 2023 Invoice #3411 TO Pleasure Pools & From Goodwillie Earthwerks Landscaping 11750 N. Vista Del Sol Oro Valley, AZ 85742 2004 E Irvington Rd #186 (520)490-6956 Tucson, AZ 85714

SHIPPING COMPLETION PAYMENT CREW JOB DUE DATE METHOD DATE TERMS Aaron G. Jesus A. Vineyard 12/8/23 Due upon receipt Ernesto L.

ITEM UNIT DIS LINE QTY DESCRIPTION # PRICE C. TOTAL 492 Pool excavation mini 3 access 12.00 5,904 1.5 Layout 250 375 298 Over 5’ depth 8.00 2,383 4.0 Hard dig extra hours 300 1,200

Total due $9,862.00USD

Make all checks payable to Goodwillie Earthwerks LLC Thank you for your business! Received   |   |       4/09/2024  ROC Legal

RE: uCC

[email redacted]   | SI  MON FEB 5 7:57 AM •  • INBOX   'Owen Brown' , 'Carly Brown'  

Thank you. Heath

From: Owen Brown <[email redacted]> Sent: Monday, February 5, 2024 8:55 AM To: silentvin <[email redacted]>; Carly Brown <[email redacted]> Subject: RE: uCC

We do apologize that internal issues have affected the timeline, but with this resolve we are confident we will be able to move very quickly to finish oyur pool.

Owen

---- On Mon, 05 Feb 2024 08:46:38 -0700 <[email redacted]> wrote ---

Good afternoon. Lyon told me again this morning they cannot release funds directly so our project looks to still be on hold. Since time is ticking with this large hole in my yard, as a solution, according to what you told us when you were here and what Lyon has told you. We can rescind our contact together for Pleasure Pools to complete the pool. Pleasure Pools returns unused funds to us that were not used for excavation and permit applications and wall demo/rebuild (I would love to have my wall and gate back). We will end the AROC complaint and avoid any other now or future conflicts. This would give you one less customer asking for status and let us get our pool project completed. It seems like a win for everyone and I can move forward with getting this completed. If you agree, please let me know and we can end this and amicably go our separate ways and conclude the business relationship. I would love to end this amicably and allow you to focus your attention on more high pressing issues you have.

Please let me know if we can do this and resolve this which would be mutually beneficial. Thank you.

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P23BP09985

Home Building Enforcement, Violations Land Planning Site, Addressing

Environmental Quality Activity Permits and Lawn & Garden Voucher

Create an Application Search Records

Record P23BP09985: Other Structures Permit Record Status: Withdrawn

Record Info Payments Conditions 7

The record was LOCKED on 03/29/2024. Condition: Record Locked Severity: Lock View Condition Total Conditions: 7 (Lock: 1, Notice: 6)

Below sections may be opened/collapsed by clicking on the arrow preceding the section heading (e.g., to view or pay fees, click on the arrow preceding the word “Fees”). Please also note that revisions to permits are listed under “Related Records”.

Work Location

10195 S ROLLING WATER DR VAIL, AZ 85641 * ADRID: 55552 IS_PRIMARY: Primary

https://aca-prod.accela.com/PIMA/Cap/CapDetail.aspx?Module=Buil…uilding&capID1=DUB23&capID2=00000&capID3=00JN7&agencyCode=PIMA Page 1 of 2 Received Accela Citizen Access 4/09/2024 2024-04-09, 5:18 PM ROC Legal

Record Details

Applicant: Licensed Professional: Owen Brown Gregory Lynn Miller Pleasure Pools PLEASURE SPAS INC 2004 E Irvington Rd Unit 186 8001 S Farmview Pl Tucson, AZ, 85714 Tucson, AZ, 85756 Business Phone5204038960 Other Phone:[number redacted] [email redacted] Contractor 201430

Business Office 2004 E Irvington Rd Unit 186 Tucson, AZ, 85714

Project Description: Owner: Pool installation VINYARD HEATH DAVID & ERIKA SUZANNE CP/RS * 10195 S ROLLING WATER DR VAIL AZ

More Details View Inspection Summary

https://aca-prod.accela.com/PIMA/Cap/CapDetail.aspx?Module=Buil…uilding&capID1=DUB23&capID2=00000&capID3=00JN7&agencyCode=PIMA Page 2 of 2 Received 5/24/24, 11:22 AM State of Arizona Mail - Case 2024-00966 5/23/2024 ROC Legal

Answers - AZROC <[email redacted]>

Case 2024-00966 Operations <[email redacted]> Thu, May 23, 2024 at 4:39 PM To: answer <[email redacted]> Cc: Heath Vinyard <[email redacted]>, Owen Brown <[email redacted]>

To Whom it May Concern,

Please accept this as the information we, Pleasure Pools, wish to present at the upcoming hearing in response to the citation and complaint issued in case 2024-00966.

Unfortunately, Pleasure Pools is not in a position to do work or have work arranged with Sub Contractors when the customer is refusing payment.

We have offered a cancelation of contract and Heath Vinyard has refused after he requested a cancelation on a number of emails. See attached.

It is unclear to us how we are to complete this project if he is refusing payment and does not want to cancel his contract.

In addition to this Heath Vinyard has since removed his Permit from Pleasure Pools and we are unable to do any work on this project.

Kindest Regards,

Carly & Owen Brown 1.520.403.8960 Office [email redacted] www.pleasurepoolstucson.com

attachments

https://mail.google.com/mail/b/AEoRXRSwuypw45CXUKeeirPghYT0ufOBbJ53hr5vRWSRgipVspAW/u/0/?ik=581c53cf5c&view=pt&search=all&perm… 1/2 Received 5/24/24, 11:22 AM State of Arizona Mail - Case 2024-00966 5/23/2024 ROC Legal Refusal for work.pdf 170K Hard Dig Extra.pdf 615K Finance Clause.pdf 723K Refusal to pay hard dig charges.pdf 140K Hard Dig Invoice.pdf 220K Vineyard Excavation.pdf 85K Vinyard Cancel Request.pdf 176K 2nd request to cancel contract.pdf 169K Vinyard- Permit withdrawn.pdf 99K

https://mail.google.com/mail/b/AEoRXRSwuypw45CXUKeeirPghYT0ufOBbJ53hr5vRWSRgipVspAW/u/0/?ik=581c53cf5c&view=pt&search=all&perm… 2/2 Received   |   |       5/23/2024  ROC Legal

RE: uCC

[email redacted]   | SI  TUE FEB 6 7:28 AM •  • INBOX   'Owen Brown' , 'Carly Brown'  

Thank you. Heath

From: [email redacted] <[email redacted]> Sent: Monday, February 5, 2024 8:58 AM To: 'Owen Brown' <[email redacted]>; 'Carly Brown' <[email redacted]> Subject: RE: uCC

Thank you. Heath

From: Owen Brown <[email redacted]> Sent: Monday, February 5, 2024 8:55 AM To: silentvin <[email redacted]>; Carly Brown <[email redacted]> Subject: RE: uCC

We do apologize that internal issues have affected the timeline, but with this resolve we are confident we will be able to move very quickly to finish oyur pool.

Owen

@mention a user or group to share this conversation  Received 5/23/2024 ROC Legal Received 5/23/2024 ROC Legal Received 5/23/2024 ROC Legal

Invoice # INV-000479

Balance Due $1,247.58

Pleasure Pools Tucson Arizona 85714-1809 U.S.A

Bill To Invoice Date : 09 Jan 2024 Vinyard, Heath 10195 S Rolling Water Dr. Terms : Due on Receipt Vail 85641 Arizona Due Date : 09 Jan 2024

Subject : Hard Dig Charges

# Item & Description Qty Rate Amount

Hard Dig 1.00 1,200.00 1,200.00

Sub Total 1,200.00

Pima & AZ Combined (3.965%) 47.58

Total $1,247.58

Balance Due $1,247.58

Notes Thanks for your business.

Terms & Conditions Payment due upon receipt- Wire transfer.

Wire Information

Wires to: Pleasure Spas Inc 2004 E Irvington Rd #186 Tucson, AZ 85714

Bank: BMO Bank N.A. 320 S Canal St Chicago, IL 60606

Received 5/23/2024 ROC Legal

ABA/[account number redacted]

[account number redacted]

Swift #: HATRUS44

Please send confirmation of wire to [email redacted]

Received   |  |      5/23/2024  ROC Legal

Fwd: RE: Tentative Schedule

Me   | ME  THU MAR 21 12:59 PM •  • SENT   johnsmith  

Good Afternoon John,

Kindest regards,

Lorena Rodriguez Office Admin Pleasure Pools & Spas Office: 1.520.403.8960 [email redacted] www.pleasurepoolstucson.com

We have a deadline of 3/22 for the completion of the project, of which nothing has been done. We will see what happens on 3/22, but again, I will not pay sub-contractors directly.

Heath

From: Info Pleasure Pools <[email redacted]> Sent: Wednesday, March 20, 2024 2:08 PM To: silentvin <[email redacted]> Subject: RE: Tentative Schedule

Let me know what they say. Our understanding is they will need photos to prove the work has been completed before sending payment

@mention a user or group to share this conversation  Received   |   |       5/23/2024  ROC Legal

Re: Payment Reminder on Invoice 000479 - Hard Dig Charge

Heath Vinyard |  |  HV  MON JAN 15 5:23 PM •  • INBOX   Accounting  

On Jan 15, 2024, at 4:42 PM, Accounting <[email redacted]> wrote:

Hi Heath,

Good afternoon.

I would like to follow-up on your payment for the hard dig charge.

Please let me know if payment has been made. You may also send us a screenshot of your payment.

Thank you.

Regards,

Shiela Paster [email redacted] <Please.jpg>

Reply • Reply All • Forward • Edit as new

@mention a user or group to share this conversation  Received 5/23/2024 ROC Legal

SHIPPING COMPLETION PAYMENT CREW JOB DUE DATE METHOD DATE TERMS Aaron G. Jesus A. Vineyard 12/8/23 Due upon receipt Ernesto L.

ITEM UNIT DIS LINE QTY DESCRIPTION # PRICE C. TOTAL 492 Pool excavation mini 3 access 12.00 5,904 1.5 Layout 250 375 298 Over 5’ depth 8.00 2,383 4.0 Hard dig extra hours 300 1,200

Total due $9,862.00USD

Make all checks payable to Goodwillie Earthwerks LLC Thank you for your business! Received   |   |       5/23/2024  ROC Legal

RE: uCC

[email redacted]   | SI  MON FEB 5 7:57 AM •  • INBOX   'Owen Brown' , 'Carly Brown'  

Thank you. Heath

From: Owen Brown <[email redacted]> Sent: Monday, February 5, 2024 8:55 AM To: silentvin <[email redacted]>; Carly Brown <[email redacted]> Subject: RE: uCC

We do apologize that internal issues have affected the timeline, but with this resolve we are confident we will be able to move very quickly to finish oyur pool.

Owen

---- On Mon, 05 Feb 2024 08:46:38 -0700 <[email redacted]> wrote ---

Please let me know if we can do this and resolve this which would be mutually beneficial. Thank you.

@mention a user or group to share this conversation  Received Accela Citizen Access 5/23/2024 2024-04-09, 5:18 PM ROC Legal

Citizen Access Register for an Account Login

P23BP09985

Home Building Enforcement, Violations Land Planning Site, Addressing

Environmental Quality Activity Permits and Lawn & Garden Voucher

Create an Application Search Records

Record P23BP09985: Other Structures Permit Record Status: Withdrawn

Record Info Payments Conditions 7

The record was LOCKED on 03/29/2024. Condition: Record Locked Severity: Lock View Condition Total Conditions: 7 (Lock: 1, Notice: 6)

Work Location

10195 S ROLLING WATER DR VAIL, AZ 85641 * ADRID: 55552 IS_PRIMARY: Primary

Record Details

Business Office 2004 E Irvington Rd Unit 186 Tucson, AZ, 85714

Project Description: Owner: Pool installation VINYARD HEATH DAVID & ERIKA SUZANNE CP/RS * 10195 S ROLLING WATER DR VAIL AZ

More Details View Inspection Summary

https://aca-prod.accela.com/PIMA/Cap/CapDetail.aspx?Module=Buil…uilding&capID1=DUB23&capID2=00000&capID3=00JN7&agencyCode=PIMA Page 2 of 2 Received 6/17/2024 ROC Legal

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Heath Vinyard , No. 2024A-00966-CHC-ROC COMPLAINANT v. ADMINISTRATIVE LAW JUDGE Pleasure Spas Inc DECISION DBA: Pleasure Pools License No. ROC 166025, RESPONDENT

HEARING: May 28, 2024 APPEARANCES: Complainant Heath Vinyard (Complainant) represented himself. Owen Brown represented Respondent Pleasure Spas Inc (Respondent). ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson _____________________________________________________________________ FINDINGS OF FACT 1. On or about September 18, 2023, Complainant and Respondent entered into a contract wherein Respondent would install a new pool at Complainant’s home for the amount of $84,063.98. Complainant paid Respondent $28,857.79 pursuant to the contract. 2. The contract did not include Respondent’s license number with the Arizona Registrar of Contractors (Registrar or ROC), Respondent’s business address,

the estimated date of completion, contact information for the ROC, and information

regarding Complainant’s right to file a complaint with the ROC. The contract did not

include the required elements of a pool contract required under Arizona Revised

Statutes (A.R.S.) § 32-1158.01(1) through (4). 3. On December 7, 2023, Complainant started work. On December 8, 2023, Respondent stopped work. 4. On or about January 24, 2024, Complainant filed a complaint with the Registrar alleging abandonment on the part of Respondent. 5. The complaint was assigned to Registrar Investigator John Smith.

Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826 Received 6/17/2024 ROC Legal

6. On March 1, 2024, Investigator Smith conducted a job-site inspection. Investigator Smith made the following observations:1

Current conditions on site: • Excavation work has been performed. • Mechanicals have not been started • Rebar has not been started • The project is not complete

The contract includes: • Signatures of both parties dated 9/18/2023 • We expect the construction process to take between 3 to 6 months starting from the excavation phase.

As stated in the submitted complaint form: • Work began December 7, 2023 • Work stopped December 8, 2023 As stated on the Finance Disbursement document: • First payment “Completion of Excavation” has been paid • Disbursement Amount $23,659.79 • Total Disbursed Amount (to date) $28,857.79 Per contract, the next payment is not due until “Completion of rebar”. 7. On March 6, 2024, the ROC issued a Directive to Respondent that provided, in relevant part, as follows: ………………………………… After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on Friday, March 22, 2024. You are directed to remedy the following violations by the appropriate means:

See the Registrar’s administrative record, pg. 19.

Received 6/17/2024 ROC Legal

Investigator’s Observations: Verified. Current conditions on site: • Excavation work has been performed. • Mechanicals have not been started • Rebar has not been started • The project is not complete The contract includes: • Signatures of both parties dated 9/18/2023

We expect the construction process to take between 3 to 6 months starting from the excavation phase. As stated in the submitted complaint form: • Work began December 7, 2023 • Work stopped December 8, 2023 As stated on the Finance Disbursement document: • First payment “Completion of Excavation” has been paid • Disbursement Amount $23,659.79 • Total Disbursed Amount (to date) $28,857.79 Per contract, the next payment is not due until “Completion of rebar”.

Governing Rule: A.R.S. § 32-1154(A)(1): Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal. Governing Rule: A.R.S. § 32-1154(A)(3) – R4-9-108(b): Violation of any rule adopted by the registrar; Namely R 4-9- 108(b): A contractor shall perform work in accordance with any applicable building codes… 8. Respondent failed to comply with the Directive by March 22, 2024. 9. On March 29, 2024, after the Directive expired, no permit could be obtained for the project. See the ROC’s administrative record, pg. 68. 10. On March 27, 2024, the ROC issue issued a Citation against Respondent’s license alleging that Respondent may have violated A.R.S. § 32- 1154(A)(1), A.R.S. § 32-1154(A)(3) – R4-9-108(A) and (B), A.R.S. § 32-1154(A)(12), (A)22), A.R.S. § 32-1158, and A.R.S. § 32-1158.01. 11. Respondent filed a timely answer to the Citation.

Received 6/17/2024 ROC Legal

12. The matter was referred to the Office of Administrative Hearings for an evidentiary hearing. 13. A hearing was held on May 28, 2024. 14. At hearing, Complainant testified on behalf of himself. Mr. Brown testified on behalf of Respondent. Investigator Smith testified regarding his investigation of the complaint. Investigator Smith testified consistently with his job-site inspection notes. 15. Complainant explained that Respondent did not complete the pool construction contract. 16. Mr. Brown is Respondent’s qualifying party. Mr. Brown stated that Respondent stopped work because Complainant did not pay Respondent. 17. Administrative notice is taken of Respondent’s prior License record on June 17, 2024. Such prior License record reflects that Respondent’s license number 166025 was first issued on July 30, 2001, and is active. Such prior License record also reflects that there are 13 open complaints against Respondent’s license. Such prior License record reflects that one complaint has resulted in discipline against Respondent’s license and three complaints were resolved or settled by Complainant. Respondent’s disciplinary history is considered an aggravating factor in the imposition of discipline. CONCLUSIONS OF LAW 1. This matter lies within the Registrar’s jurisdiction. See ARIZ. REV. STAT. sections 32-1101 et seq. 2. Complainant bears the burden of proof to establish Respondent’s statutory violation by a preponderance of the evidence. See ARIZ. REV. STAT. section 41- 1092.07(G)(2); A.A.C. R2-19-119(A) and A.A.C. R2-19-119(B)(1); see also Vazanno v. Superior Court, 74 Ariz. 369, 372, 249 P.2d 837 (1952). “A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.” MORRIS K. UDALL, ARIZONA LAW OF EVIDENCE § 5 (1960). 3. The Administrative Law Judge may consider Registrar’s administrative record. See A.A.C. § R4-9-118. 4. The preponderance of the evidence shows that Respondent did not perform

Received 6/17/2024 ROC Legal

the work in a professional and workmanlike manner in violation of A.A.C. R4-9-108(A) and (B), and thereby of A.R.S. § 32-1154(A)(3).2 5. The preponderance of the evidence shows that Respondent did not perform the work in accordance with applicable building codes and professional industry standards, which is a violation of A.A.C. R4-9-108(B), and thereby of A.R.S. § 32- 1154(A)(3). 6. The undisputed evidence established that Respondent’s contract did not include all of the minimum elements required for a pool construction contract pursuant to 32-1158 and A.R.S. § 32-1158.01, which is a violation of ARIZ. REV. STAT. section 32- 1154(A)(12). 3 7. The preponderance of the evidence shows that Respondent failed to comply with the Registrar’s DIRECTIVE without valid justification, which is a violation of ARIZ. REV. STAT. section 32-1154(A)(22). RECOMMENDED ORDER Based on the foregoing, it is recommended that on the effective date of the Order, the Registrar shall suspend License No. 166025 issued to Pleasure Spas Inc for seven days. It is further recommended that the Registrar require Respondent to pay the sum of $500.00 as a civil penalty pursuant to ARIZ. REV. STAT. section 32-1154(E).

A.A.C. R4-9-108 requires that “[a]ll work shall be performed in a professional and workmanlike manner” and that “[a]ll work shall be performed in accordance with any applicable building codes and professional industry standards.” A.R.S. § 32-1154(A)(3) includes among the grounds for suspension, revocation, or other disciplinary action against a contractor’s license, “[v]iolation of any rule adopted by the registrar.” A.R.S. § 32-1158(B) sets forth the required elements of the contract as follows:

From and after December 31, 2007, any contract in an amount of more than one thousand dollars entered into between a contractor and the owner of a property to be improved shall contain in writing at least the following information: 1. The name of the contractor and the contractor's business address and license number. .... 9. That the property owner has the right to file a written complaint with the Registrar for an alleged violation of section 32-1154, subsection A. The contract shall contain the Registrar's telephone number and website address and shall state that complaints must be made within the applicable time period as set forth in section 32-1155, subsection A. The information in this paragraph must be prominently displayed in the contract in at least ten point bold type, and the contract shall be signed by the property owner and the contractor or the contractor's designated representative. This paragraph does not apply to a person who is subject to and complies with section 12-1365.

Received 6/17/2024 ROC Legal

It is further recommended that if Respondent fails to pay the entire amount of the civil penalty on or before thirty days following the effective date of the Registrar’s final order, the Registrar revoke Respondent’s license, effective on such deadline date. No future license shall be issued to any entity consisting of persons associated with Respondent, as defined in ARIZ. REV. STAT. section 32-1101(A)(7), unless Respondent tenders payment of any outstanding prior civil penalty. Pursuant to A.R.S. § 41-1092.08(I), the licensee may accept the Administrative Law Judge Decision by advising the Office of Administrative Hearings in writing not more than ten (10) days after receiving the decision. If the licensee accepts the Administrative Law Judge Decision, the decision shall be certified as the final decision by the Office of Administrative Hearings. In the event of certification of the Administrative Law Judge Decision by the Director of the Office of Administrative Hearings, the effective date of the Order will be forty (40) days from the date of that certification.

Done this day, June 17, 2024.

/s/ Velva Moses-Thompson Administrative Law Judge

Transmitted by either mail, e-mail, or facsimile to:

Tom Cole, Director Registrar of Contractors

Heath Vinyard [email redacted] Pleasure Spas Inc DBA: Pleasure Pools [email redacted] By: OAH Staff

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Heath Vinyard, Case No. 2024-00966

COMPLAINANT, Docket No. 2024A-00966-CHC-ROC v. Pleasure Spas Inc FINAL ADMINISTRATIVE DBA: Pleasure Pools, DECISION AND ORDER License No. ROC 166025, Pleasure Spas Inc DBA: Pleasure Homes, License No. ROC 201430 RESPONDENT.

Under A.R.S. § 41-1092.08(B), the Registrar may review and accept, modify, or reject an administrative law judge’s written decision. If the Registrar modifies or rejects that decision, then the Registrar must provide written justification setting forth the reasons for the modification or rejection of each finding of fact or conclusion of law. REJECTION AND WRITTEN JUSTIFICATION In this case, a hearing was held and the administrative law judge (“ALJ”) issued a written decision. See ALJ Decision, attached. The Registrar reviewed that decision and rejects it as set forth below. The ALJ Decision failed to address whether one of Respondent’s licenses listed in the citation was in violation of any of the charges, and failed to address whether Respondent violated A.R.S. § 32-1154(A)(1) as charged in the citation.

of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg131 10/23 Both the citation and notice of hearing listed both of Pleasure Spas Inc.’s licenses as the Respondent, yet the ALJ Decision does not discuss whether license number 201430 is responsible for any of the alleged statutory violations. The ALJ Decision only recommends discipline against license number 166025. It is not clear from the ALJ Decision whether license number 201430 should be disciplined or not. Moreover, although the Administrative Law Judge found that the Citation against Respondent alleged that Respondent may have violated A.R.S. § 32-1154(A)(1), the ALJ Decision made no conclusion regarding whether Respondent violated A.R.S. § 32- 1154(A)(1). CONCLUSION AND ORDER The Registrar rejects the ALJ Decision, because it fails to address the violation of A.R.S. § 32-1154(A)(1), and it fails to address any alleged violations by Respondent’s license number 201430. The Registrar remands the case back to the Administrative Law Judge for further proceedings as may be necessary. Dated July 16, 2024. By: /s/ Robert Stirling Robert Stirling Assistant General Counsel Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail July 16, 2024 to: Respondent(s) Pleasure Spas Inc 2004 E Irvington Rd #186 Tucson, AZ 85714 Complainant(s) Heath Vinyard 10195 S Rolling Water Dr Vail, AZ 85641 Respondent at email address on record with the Registrar of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg131 10/23 Complainant at email address on record with the Registrar Case No. 2024-00966/ MTH

of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg131 10/23 Received 6/17/2024 ROC Legal