2024A-00973-CHC-ROC Notice of Hearing & Packet MAILED 2024-00973.pdf

2024A-00973-CHC-ROC · Registrar of Contractors · 2024-07-03

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Samira Arikat , Case No. 2024-00973

COMPLAINANT, Docket No. 2024A-00973-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Lavender Landscape Design Co. LLC License No. ROC 326465 and 334560

RESPONDENT.

This Notice of Hearing is issued under A.R.S. § 41-1092.05(D). HEARING INFORMATION The hearing is set for:

August 13, 2024 1:00 PM Samuel Fox 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 May 29, 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)(2)(a) Charge: 2 A.R.S. § 32-1154(A)(3) - R4-9-108(a)

Charge: 3 A.R.S. § 32-1154(A)(9)(a)

Charge: 4 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 3, 2024.

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

Copy mailed via USPS First Class mail July 3, 2024 to:

Respondent(s) Lavender Landscape Design Co. LLC 1872 E Broadway Rd Tempe, AZ 85282 Respondent's Attorney Lance Hough, Esq. 2555 E Camelback Road, Suite 800 Phoenix, AZ 85016 Complainant(s) Samira Arikat 28830 N 71st St Scottsdale, AZ 85266

Complainant's Attorney Mark D. Bogard Esq. 1850 N Central Ave Phoenix, AZ 85004 Copy sent electronically this same date to:

Respondent at email address on record with the Registrar Respondent’s Attorney at email address of record with Registrar Complainant at email address on record with the Registrar Complainant’s Attorney at email address of record with Registrar Case No. 2024-00973 /

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: Samira Arikat 28830 N 71st St Scottsdale, AZ 85266

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 Respondent: Lavender Landscape Design Co. LLC 1872 E Broadway Rd Tempe, AZ 85282

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 February 21, 2024

Re: Complaint No. 2024-00973

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for Tuesday, March 12, 2024 at 10:00 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

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

RESPONDENT: 1. Enclosed is a copy of the complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity to inspect the work complained of within fifteen days of the date of receipt of this notice. 2. To assist the assigned investigator in evaluating the merits of the complaint, please submit a response to the enclosed complaint to the assigned investigator prior to the scheduled inspection. 3. If you do not attend the jobsite inspection, your absence may negatively impact the investigation, and your interests. 4. If a building permit(s) was required for this project, please have the building permit information available at the jobsite inspection. If either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 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,

Daniel Edwards Daniel Edwards, Investigator #218 602 771 6788 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812

Complainant Attorney

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 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 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 After doing a Jobsite Inspection, the Registrar’s Investigator will leave the jobsite and review the evidence provided during the inspection. Generally, the investigator does not make any determination at the time of the jobsite inspection regarding whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.

Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 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 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 professionalism to complete the work. Moreover, the complainant may not dictate the manner of repair. If the contractor fails to appropriately correct the work according to the contract, the Registrar will issue a citation.

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

Work performed after the directive ends: After the Directive period ends, a property owner may choose to allow the contractor to continue its work. The Registrar encourages parties to work cooperatively, but cannot require a homeowner to continue to allow a contractor access to the property after the Directive period ends in order for the administrative process to continue. Denying access after the Directive ends is not grounds to close or dismiss a complaint.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 Complainant Attorney: Mark D. Bogard Esq. 3200 N Central Ave, 20th Floor Phoenix, AZ 85012

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 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)

Samira Arikat Mailing Address (Enter jobsite in Contract/Project section) City State Zip

28830 N 71st St Scottsdale Arizona 85266 Phone Number Email

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

Mark Bogard Street Address of Attorney City State Zip

1872 N Centeral Arizona Phone Number of Attorney Email of Attorney

[number redacted] [email redacted] Contractor Information Name (as shown on contract/invoice) ROC License Number(s)

Lavender Landscape Design Co. LLC ROC 326465 Street Address City State Zip

1872 E Broadway Rd Tempe AZ 85282 Phone Number Email

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

Haley Tew Contract/Project Information Contract Date Contract Amount Amount Paid

February 2, 2023 $390,852.00 $437,965.00 Date Work Started Date Work Stopped Date Work Was Completed

March 1, 2023 January 24, 2024 January 24, 2024 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

28830 N 71st St, Scottsdale, AZ, 85266 Scottsdale AZ 85266 Name of Construction Site Owner Construction Site Name (if applicable)

Samira Arikat Phone Number of Construction Site Owner Email of Construction Site Owner

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

RCC099 12/05/18 Page 1 of 3 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

Has any work been corrected? No

The contract was Written All change orders were Written This project was Residential This project involved Remodel

A building permit was obtained by Contractor 291618, 291594 Scottsdale 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)

Fire/Water Feature not built per plan. Dimensions not per signed contract. Lavender refused to build per plan and forced us to sign 4 new plans with new dimensions. After the 4th signed plan they still refused to build per the final plan. Northern most scupper column is too short and lowest most basin wall is too high. They were notified multiple times over 7 months that the dimensions are wrong and they said they were not going to build it per our contract. ; Fire/Water Feature pumps not in proper location, despite signed contract rewritten 4 separate times to accommodate their poor construction. It is still not right, and they have refused to build it per the plan agreed upon by both parties and contract drafted by our respective attorneys. They submerged the pumps when they should be housed on the back side of the feature for ease of access and cleaning. They agree that the plans state they are to be housed outside the fountain and they said they are not going to build per the plan.; Plumbing pipes for the fountain parts of the feature are not per contract. This is problematic should there be a leak or some other issue needing fixing. Imposible to locate pipes in structure. ; Tile in Fire/Water Feature tile work not per standards, has gaps and large areas of extra grout vs. tile. They have been notified weeks ago, not gong to fix it.; Feature does not have sufficient rebar for support of structure per construction standards and signed plans. Advised Lavender of missing rebar months ago, they refused to fix and claim it doesn't need it. Their own plans show more rebar than was constructed.; Cut electrical line in basin of Fire/Water Feature capped and buried under cement and tile. Fixed by electrician who advised both Lavender and us that it was not a good idea to fix that way as there is no access should there be a short. Also poses electrocution hazard as manually capped electrical lines under waterline. Not buried at proper depth of 6".; Courtyard fountain pump cover not per signed plan. Should be 5"x28" is 10"x28". They acknowledge size difference and refuse to build per signed contract.; West side scupper in courtyard fountain not sheer in decent, blockage creating flaw in scupper flow. Crews have tried to clean and get a sheer flow but cannot get it done. installed improperly, possible grout sitting in flow chamber causing deviation.; Worked outside of their license for entire project by having all electrical work done by unlicensed sub. Electrician only came when electrical work was not working, and they did corrective work. Further electrical work was done by their unlicensed sub not by a licensed electrician.; Poor workmanship on travertine caps on planter boxes. Caps were grouted over full face of travertine, thereby grouting all the natural beauty and graining of travertine. Lavender was made aware and they said they will not fix.; Travertine caps on walkway planter boxes wrong size, should be 12x12, cut down to 10x12 for no apparent reason. Plan states 12x12, back row of caps along house not proper size.; Several travertine caps chipped or cracked on planter boxes, needs replacing. They grouted over cracks and chips to hide flaws instead of replacing them.; Existing blue pot broken; no replacement delivered despite availability of comparable pot available for purchase. Lavender said they would replace pot during last ROC inspection, no such remediation has happened. Comparable replacement pot is available at Green Goddess, Haley was made aware and refuses to replace.; Gas line trenched 200' out of planned area on NAOS and neighbors' property. Per Scottsdale City Inspector, will be an issue if gas leak occurs, Lavender should have used sleve under driveway to run lines across driveway as stated in their plans. This is not an HOA issue it's a blatant refusal to build per signed contract; All plants contracted for transplant have died due to poor transplanting. During 6/15/23 meeting at Lavender's office, Haley acknowledged their liability and said she would have them replaced. No replacements have been delivered.; Oil and other stains on driveway pavers from Lavenders crews, not cleaned despite promise to wash. Lavender said they would fix/wash/replace damages during last ROC inspection, no such remediation has happened.; Driveway pavers damaged/stained due to machinery and construction. Lavender said they would fix/wash/replace damages during last ROC inspection, no such remediation has happened.; Travertine pavers on walkway chipping due to their crews traveling over with materials and machinery regularly since they laid it down 8 months ago.;

RCC099 12/05/18 Page 2 of 3 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

Not enough glass in fire feature to cover sand. Needs several more pounds to complete.; Travertine on walkway and in courtyard uneven, trip hazard in several areas. Needs to be leveled.

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

Samira Arikat \complainant1\ \complainantd1\

RCC099 12/05/18 Page 3 of 3 Daniel Edwards <[email redacted]>

Fw: Remaining Work S A <[email redacted]> Wed, Feb 28, 2024 at 5:30 PM To: Daniel Edwards <[email redacted]> Cc: "Mark D. Bogard" <[email redacted]>, S ARIKAT <[email redacted]>

Dan, In my last email to you I mentioned that Lavender stated that they would be fixing a few items that I did not include in the ROC complaint. Unfortunately, they have not fulfilled their promise to do those items, so I need to add them to the current complaint. I will inlcude the list at the end of this email. The items needing addressing are the following:

ALL grate covers for fire/water feature need to be replaced with appropriately sized black covers not spray painted or cut down Pipe sticking out of the top of the fire/water feature needs drip line or needs to be removed. Basins of all water feature areas including courtyard need to be drained and cleaned. Leveler in courtyard fountain has grout on it, also needs tile work finished around it. Gas to fire feature in courtyard and west side needs to be turned on and tested.

On 2/24/24 we sent Lavender the email below after realizing that the pump had been running for approximately 72 hours without being submerged in water as the manufacturer strictly calls for. As of the time of this email, five days later, Lavender did not respond to this email or a follow up email that was sent earlier today. Given their lack of accountability for making sure the feature is working properly, I need to add that to the complaint. In addition, today I received an email from Southwest Gas that there is a gas leak with the gas line they ran. I forwarded the email from SWG detailing the problem and they have not responded.

Please add the following items to the previously submitted complaint:

ALL grate covers for fire/water feature need to be replaced with appropriately sized black covers not spray painted or cut down Pipe sticking out of the top of the fire/water feature needs drip line or needs to be removed. Back of fire/water feature needs to be painted. Basins of all water feature areas including courtyard need to be drained and cleaned. Leveler in courtyard fountain has grout on it, also needs tile work finished around it. We need to know how to work the timers for both fountain/water features. Gas to fire feature in courtyard and west side needs to be turned on and tested. Fire/Water Feature not working as supposed to, Lavender has refused to acknowledge or fix this. Gas leak found by SWG - non licensed plumber did gas line work.

Thank you, Samira

----- Forwarded Message ----- From: S A <[email redacted]> To: Matt Powers <[email redacted]>; Bill Terborg <[email redacted]>; Haley Tew <[email redacted]> Cc: Mark D. Bogard <[email redacted]>; Brian Email <[email redacted]>; Lance Hough <[email redacted]>; S ARIKAT <[email redacted]> Sent: Saturday, February 24, 2024 at 07:03:52 PM MST Subject: Re: Remaining Work

Haley, Despite your assertion that you "have seen many of these items already addressed", in reality, they have not. From the list in my 2/18 email of 7 items needing attention, only 2 have been addressed and the last item was done by SWG, not by Lavender. So, in reality, only one item was done and that was done after your email. On Wednesday, 2/21/23, Matt met with Brian at the house and to both of their surprise the basins were overflowing with water. Apparently, it was a leveler issues and Matt replaced it. The last video capturing movement in the area was of Matt leaving the property at 5:20 pm on 2/21. Neither Brian nor myself have been out to look at the feature since that time, until this afternoon. I am attaching a video showing you what we saw when we did go out there. The basins were bone dry, the pump was running, not submerged in water as the instructions strictly call for, and the scuppers were not spilling water. I took a video so you could see and hear for yourself the damage that was being done to the pump by running it without being submerged. This, by the way, is one more reason why a submersible pump is not acceptable. That means that the pump was running for nearly 72 hours without proper water levels.

While I was shocked to see the basins completely dry, it did give me an opportunity to see more crafty work on the grate covers. I have enclosed pictures that really do speak for themselves. You people went from bad to worse in your fix for those. Not only do they not fit, but your worker also cut them down when he was here to fit the space. This is so beyond ridiculous that it is hard to comprehend that you could possibly think we would accept this. And while the bone-dry basins ruined the pump, they did give us an opportunity to show you pictures of just how filthy dirty the fountain areas are. The pictures also show the crooked cut in work in the cement, which is why the grates will never fit and the egregious grout areas that need to be fixed. I have included a picture of the pump cover, which previously didn't fit and kept floating to the top. It is now smashed in there so tight there is no way for us to remove it... again, would not be a problem if you put the pump where the plan calls for it. This one is also spray painted, and the paint is already chipping off (circled in the picture).

While I am concerned with how the basins drained and didn't refil as they are supposed to, it was helpful to see everything in its natural beauty. We have unplugged the pump unit, so it doesn't turn on and further damage the motor. It would be good for you to take this opportunity to have the feature properly cleaned (item number 4 in my email below). You can see piles of dirt and debris in the floor of the basins. Make sure you zoom in for all the details.

I will make sure the basins are empty in both the fire feature and the courtyard for the ROC inspection, so we call all see clearly all the issues that remain.

On Monday, February 19, 2024 at 10:11:53 AM MST, Haley Tew <[email redacted]> wrote:

Samira,

Please include appropriate parties in emails which would be your project manager and members of construction. I have CC'd Bill and Matt on this email so they can respond directly as I have seen many of these items already addressed in emails to you. You will hear from them today.

On Sun, Feb 18, 2024 at 9:51 PM S A <[email redacted]> wrote:

Haley,

In addition to the items listed in the ROC complaint, the items listed below were sent to you/Lavender on 1/30/24 to be addressed. As of today, they have not been addressed. I let Inspector Edwards of the ROC know that if you do not complete the items listed below by Wednesday 2/21/24 to satisfactory workmanship we will be adding them to the complaint.

ALL grate covers for fire/water feature need to be replaced with appropriately sized black covers not spray painted or cut down Pipe sticking out of the top of the fire/water feature needs drip line or needs to be removed. Back of fire/water feature needs to be painted. Basins of all water feature areas including courtyard need to be drained and cleaned. Leveler in courtyard fountain has grout on it, also needs tile work finished around it. We need to know how to work the timers for both fountain/water features Gas to fire feature in courtyard and west side needs to be turned on and tested.

-- Haley Tew | Owner / Principal Designer (602) 501-2332 [email redacted] www.lavenderlandscape.com

attachments

image6.jpeg 1137K

image5.jpeg 1220K

image0 (15).jpeg 377K image1 (6).jpeg 1934K

image2 (1).jpeg 1788K

IMG_1035.jpg 619K

Video (1).mov 4655K Complainant: Samira Arikat 28830 N 71st St Scottsdale, AZ 85266

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 12/23 Respondent: Lavender Landscape Design Co. LLC 1872 E Broadway Rd Tempe, AZ 85282

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 12/23 February 29, 2024

Re: Complaint No. 2024-00973

Dear Complainant and Respondent:

After the initial filing of the complaint 2024-00973, the Complainant filed the attached amended complaint containing additional complaint items.

A jobsite inspection is scheduled Tuesday, March 12, 2024 at 10:00AM. 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 amended complaint items 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 the amended complaint items. 2. The Registrar may also be precluded from taking further action on the amended complaint items, if the work that is the subject of the amended 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. Additionally, please secure any animals.

RESPONDENT: 1. Enclosed is a copy of the amended complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity 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 amended complaint, please submit a response to the enclosed complaint to the assigned investigator prior to the scheduled inspection. 3. If you do not attend the jobsite inspection, your absence may negatively impact the investigation, and your interests. 4. If a building permit(s) was required for this project, please have the building permit information available at the jobsite inspection.

If either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 12/23 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,

Daniel Edwards Daniel Edwards, Investigator #218 602 771 6788 [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 C007 12/23 Complainant Attorney: Mark D. Bogard Esq. 3200 N Central Ave, 20th Floor Phoenix, AZ 85012

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 12/23 Daniel Edwards <[email redacted]>

Fw: Remaining Work S A <[email redacted]> Wed, Feb 28, 2024 at 5:30 PM To: Daniel Edwards <[email redacted]> Cc: "Mark D. Bogard" <[email redacted]>, S ARIKAT <[email redacted]>

ALL grate covers for fire/water feature need to be replaced with appropriately sized black covers not spray painted or cut down Pipe sticking out of the top of the fire/water feature needs drip line or needs to be removed. Basins of all water feature areas including courtyard need to be drained and cleaned. Leveler in courtyard fountain has grout on it, also needs tile work finished around it. Gas to fire feature in courtyard and west side needs to be turned on and tested.

Please add the following items to the previously submitted complaint:

ALL grate covers for fire/water feature need to be replaced with appropriately sized black covers not spray painted or cut down Pipe sticking out of the top of the fire/water feature needs drip line or needs to be removed. Back of fire/water feature needs to be painted. Basins of all water feature areas including courtyard need to be drained and cleaned. Leveler in courtyard fountain has grout on it, also needs tile work finished around it. We need to know how to work the timers for both fountain/water features. Gas to fire feature in courtyard and west side needs to be turned on and tested. Fire/Water Feature not working as supposed to, Lavender has refused to acknowledge or fix this. Gas leak found by SWG - non licensed plumber did gas line work.

Thank you, Samira

I will make sure the basins are empty in both the fire feature and the courtyard for the ROC inspection, so we call all see clearly all the issues that remain.

On Monday, February 19, 2024 at 10:11:53 AM MST, Haley Tew <[email redacted]> wrote:

Samira,

On Sun, Feb 18, 2024 at 9:51 PM S A <[email redacted]> wrote:

Haley,

ALL grate covers for fire/water feature need to be replaced with appropriately sized black covers not spray painted or cut down Pipe sticking out of the top of the fire/water feature needs drip line or needs to be removed. Back of fire/water feature needs to be painted. Basins of all water feature areas including courtyard need to be drained and cleaned. Leveler in courtyard fountain has grout on it, also needs tile work finished around it. We need to know how to work the timers for both fountain/water features Gas to fire feature in courtyard and west side needs to be turned on and tested.

-- Haley Tew | Owner / Principal Designer (602) 501-2332 [email redacted] www.lavenderlandscape.com

attachments

image6.jpeg 1137K

image5.jpeg 1220K

image0 (15).jpeg 377K image1 (6).jpeg 1934K

image2 (1).jpeg 1788K

IMG_1035.jpg 619K

Video (1).mov 4655K Case no. 2024-00973

Dan Edwards, 3/12/2024 1 28830 N 71st St, Scottsdale JSI PHOTOS

Complainant has concerns that the height of the feature does not match the CAD drawings (41.5” vs 48” in drawings). Parties signed new agreement in November of 2023 which includes language regarding accepting the current dimensions of the feature. This is a contractual dispute. Case no. 2024-00973

Dan Edwards, 3/12/2024 2 28830 N 71st St, Scottsdale JSI PHOTOS

Tile around grates is poorly done, inconsistent width of grout around the components Case no. 2024-00973

Dan Edwards, 3/12/2024 3 28830 N 71st St, Scottsdale JSI PHOTOS

Complainants contend valve and pump should be located outside the fountain on the west side Case no. 2024-00973

Dan Edwards, 3/12/2024 4 28830 N 71st St, Scottsdale JSI PHOTOS

Dirt/debris/some grout haze. Feature is also draining on its own, appears to be a leak Case no. 2024-00973

Dan Edwards, 3/12/2024 5 28830 N 71st St, Scottsdale JSI PHOTOS

Pool tile work around the travertine caps Case no. 2024-00973

Dan Edwards, 3/12/2024 6 28830 N 71st St, Scottsdale JSI PHOTOS

Grout joint at the inside corner of the feature is wider than mesh backed mosaic joints in the field, however, width is consistent throughout Case no. 2024-00973

Dan Edwards, 3/12/2024 7 28830 N 71st St, Scottsdale JSI PHOTOS

Poor tile work above scuppers, some grout haze Case no. 2024-00973

Dan Edwards, 3/12/2024 8 28830 N 71st St, Scottsdale JSI PHOTOS

Poor tile work around grates Case no. 2024-00973

Dan Edwards, 3/12/2024 9 28830 N 71st St, Scottsdale JSI PHOTOS Case no. 2024-00973

Dan Edwards, 3/12/2024 10 28830 N 71st St, Scottsdale JSI PHOTOS Case no. 2024-00973

Dan Edwards, 3/12/2024 11 28830 N 71st St, Scottsdale JSI PHOTOS

Poor tile work above scuppers Case no. 2024-00973

Dan Edwards, 3/12/2024 12 28830 N 71st St, Scottsdale JSI PHOTOS

Drain grate, complainante believe it should be 5” in width, measuring approx.. 10” Case no. 2024-00973

Dan Edwards, 3/12/2024 13 28830 N 71st St, Scottsdale JSI PHOTOS

Feature appears to be operating as intended Case no. 2024-00973

Dan Edwards, 3/12/2024 14 28830 N 71st St, Scottsdale JSI PHOTOS

Pits in travertine filled by respondent, not a workmanship issue Case no. 2024-00973

Dan Edwards, 3/12/2024 15 28830 N 71st St, Scottsdale JSI PHOTOS

Pits in travertine filled by respondent Case no. 2024-00973

Dan Edwards, 3/12/2024 16 28830 N 71st St, Scottsdale JSI PHOTOS

Caps measure 10” at walls

Travertine caps at the back sides of planter boxes measure 10”, complainants believe they should be 12” Case no. 2024-00973

Dan Edwards, 3/12/2024 17 28830 N 71st St, Scottsdale JSI PHOTOS

Pits filled with filler materials Case no. 2024-00973

Dan Edwards, 3/12/2024 18 28830 N 71st St, Scottsdale JSI PHOTOS

Oil stains at concrete pavers, driveway Case no. 2024-00973

Dan Edwards, 3/12/2024 19 28830 N 71st St, Scottsdale JSI PHOTOS

Cementitious materials present on pavers adjacent to respondent’s work area Case no. 2024-00973

Dan Edwards, 3/12/2024 20 28830 N 71st St, Scottsdale JSI PHOTOS

Cementitious materials present on pavers adjacent to respondent’s work area Case no. 2024-00973

Dan Edwards, 3/12/2024 21 28830 N 71st St, Scottsdale JSI PHOTOS

Cementitious materials present on pavers adjacent to respondent’s work area Case no. 2024-00973

Dan Edwards, 3/12/2024 22 28830 N 71st St, Scottsdale JSI PHOTOS

Red spray paint at driveway, reportedly meant to signify gas line locations, unclear if spray painted by respondent, gas company, etc. Case no. 2024-00973

Dan Edwards, 3/12/2024 23 28830 N 71st St, Scottsdale JSI PHOTOS

Cracked and heaving pavers at edges of the driveway Case no. 2024-00973

Dan Edwards, 3/12/2024 24 28830 N 71st St, Scottsdale JSI PHOTOS

Excessive settling pavers, removed/reinstalled by respondent during gas line installation Case no. 2024-00973

Dan Edwards, 3/12/2024 25 28830 N 71st St, Scottsdale JSI PHOTOS

Chipped/pitted paver at driveway Case no. 2024-00973

Dan Edwards, 3/12/2024 26 28830 N 71st St, Scottsdale JSI PHOTOS

Chipped/pitted pavers at driveway Case no. 2024-00973

Dan Edwards, 3/12/2024 27 28830 N 71st St, Scottsdale JSI PHOTOS

Complainants believe fire feature needs more glass Case no. 2024-00973

Dan Edwards, 3/12/2024 28 28830 N 71st St, Scottsdale JSI PHOTOS

Complainants believe fire feature needs more glass Case no. 2024-00973

Dan Edwards, 3/12/2024 29 28830 N 71st St, Scottsdale JSI PHOTOS

Pavers, not all lippage exceeds 1/8” tolerance Case no. 2024-00973

Dan Edwards, 3/12/2024 30 28830 N 71st St, Scottsdale JSI PHOTOS

Settling pavers at the northwest corner of the courtyard feature Case no. 2024-00973

Dan Edwards, 3/12/2024 31 28830 N 71st St, Scottsdale JSI PHOTOS

Lippage exceeds 1/8” tolerance in several areas (west walkway, courtyard, etc) Case no. 2024-00973

Dan Edwards, 3/12/2024 32 28830 N 71st St, Scottsdale JSI PHOTOS L

Lippage exceeds 1/8” tolerance in several areas (west walkway, courtyard, etc) Case no. 2024-00973

Dan Edwards, 3/12/2024 33 28830 N 71st St, Scottsdale JSI PHOTOS

Lippage exceeds 1/8” tolerance in several areas (west walkway, courtyard, etc) Case no. 2024-00973

Dan Edwards, 3/12/2024 34 28830 N 71st St, Scottsdale JSI PHOTOS

Cementitious materials on the bottom of the courtyard fountain Case no. 2024-00973

Dan Edwards, 3/12/2024 35 28830 N 71st St, Scottsdale JSI PHOTOS

Cementitious materials on the bottom of the courtyard fountain Case no. 2024-00973

Dan Edwards, 3/12/2024 36 28830 N 71st St, Scottsdale JSI PHOTOS

Back side of the west feature has been painted Case no. 2024-00973

Dan Edwards, 3/12/2024 37 28830 N 71st St, Scottsdale JSI PHOTOS

Back side of the west feature has been painted Jobsite Inspection Notes

Case No.: 2024-00973 Investigator: Daniel Edwards Inspection Date: Tuesday, March 12, 2024 Inspection Time: 10:00 AM

Complainant: Samira Arikat Respondent: Lavender Landscape Not Present: Design Co. LLC Not Present:

Jobsite General Notes:

Present at inspection was Samira Arikat and Brian Armstrong (complainants), Mark D. Bogard (complainant’s attorney). Present for respondent was Bill Terborg (Senior Construction Manager) and an employee named Matt. Photos taken with Canon ELPH digital camera and/or state-issued Google Pixel cell phone camera. Audio recorded with Olympus DM-720 digital voice recorder. Labelled photos included in case attachments labelled "20240312 JSI Photos 2024-00973."

Compliance Item: 1 - Fire/Water Feature not built per plan. Dimensions not per signed contract. Lavender refused to build per plan and forced us to sign 4 new plans with new dimensions. After the 4th signed plan they still refused to build per the final plan. Northern most scupper column is too short and lowest most basin wall is too high. They were notified multiple times over 7 months that the dimensions are wrong and they said they were not going to build it per our contract. Investigator’s Observation: Allegation refers to the height of elements of the west feature. Per complainant, the dimensions of the feature do not match the dimensions in the drawings used in the design of the feature. Subsequent to signing the underlying contract, the parties signed an “Agreement Regarding Remaining Scopes of Work” in November of 2023. The 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23

agreement references various parts of the project including the west feature, however, the agreement states in part, “The Owners agree to accept the dimensions of the feature as currently built, except for the changes explained above and to be detailed in the redesigned CAD proposal.” The parties dispute the language of this agreement and its meaning. This is ultimately a contractual dispute which would need to be addressed in another venue. Governing Rule: N/A

Compliance Item: 2 - Fire/Water Feature pumps not in proper location, despite signed contract rewritten 4 separate times to accommodate their poor construction. It is still not right, and they have refused to build it per the plan agreed upon by both parties and contract drafted by our respective attorneys. They submerged the pumps when they should be housed on the back side of the feature for ease of access and cleaning. They agree that the plans state they are to be housed outside the fountain and they said they are not going to build per the plan.; Investigator’s Observation: Drawings, email communications, and the November 2023 “Agreement Regarding Remaining Scopes of Work” clearly show that the parties understood and agreed that the west feature pump and valve were to be located behind the west side of the feature and this has not been done. Respondent shall correct by appropriate means. Governing Rule: Departure from or disregard of: (a) Plans or specifications in any material respect that is prejudicial to another without consent of the owner or the owner’s duly authorized representative and without the consent of the person entitled to have the particular construction project or operation completed in accordance with such plans and specifications and code.

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

Investigator’s Observation: Allegation is a continuation of issues addressed in compliance item no. 2. Governing Rule: N/A

Compliance Item: 4 - Tile in Fire/Water Feature tile work not per standards, has gaps and large areas of extra grout vs. tile. They have been notified weeks ago, not gong to fix it. Investigator’s Observation: Complainant has concerns over the width of the grout joint at the inside corners of the feature, however, the joint width is consistent throughout the feature and appears to meet standards.

Other issues were observed to require corrective action. The glass mosaic tile installed at the west feature does not meet standards. There are large voids present around the areas where the travertine caps meet the glass mosaic which were filled with grout instead of cut tile. This issue is also present in the courtyard feature, around the leveler piping. Cut tiles around the scuppers are poorly done (crooked, chipped and not aligned adequately). Excessive gaps are present between the mosaic tile on the floor of the feature surrounding various grates. Grout joints surrounding the feature elements should be reasonably even in width and appearance. Respondent shall address these issues by appropriate means. Governing Rule: 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.

Compliance Item: 5 - Feature does not have sufficient rebar for support of structure per construction standards and signed plans. Advised Lavender of missing rebar months ago, they refused to fix and claim it doesn't need it. Their own plans show more rebar than was constructed Investigator’s Observation: Allegation refers to details in construction drawings, complainant contends feature does not have enough

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

rebar. Rebar is not currently visible and I am unable to verify the amount of rebar or whether the amount of rebar fails to meet any relevant codes or standards of workmanship. Governing Rule: N/A

Compliance Item: 6 - Cut electrical line in basin of Fire/Water Feature capped and buried under cement and tile. Fixed by electrician who advised both Lavender and us that it was not a good idea to fix that way as there is no access should there be a short. Also poses electrocution hazard as manually capped electrical lines under waterline. Not buried at proper depth of 6" Investigator’s Observation: Issue with electrical line already corrected, per the complaint. Electrical line is encased in the structure and unable to be observed. Unable to substantiate a violation. Governing Rule: N/A

Compliance Item: 7 - Courtyard fountain pump cover not per signed plan. Should be 5"x28" is 10"x28". They acknowledge size difference and refuse to build per signed contract.; Investigator’s Observation: Allegation appears to refer to language in the November 2023 “Agreement Regarding Remaining Scopes of Work,” referencing “…an approximately 5” wide grate (to allow water flow).” No workmanship issues were observed with the grate installed this is a contractual dispute outside of the Registrar’s jurisdiction. Governing Rule: N/A

Compliance Item: 8 - West side scupper in courtyard fountain not sheer in decent, blockage creating flaw in scupper flow. Crews have tried to clean and get a sheer flow but cannot get it done. installed improperly, possible grout sitting in flow chamber causing deviation. Investigator’s Observation: West side scupper was turned on during the inspection and appears to be operating as intended. No issues observed.

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

Unable to substantiate a violation. Governing Rule: N/A

Compliance Item: 9 - Worked outside of their license for entire project by having all electrical work done by unlicensed sub. Electrician only came when electrical work was not working, and they did corrective work. Further electrical work was done by their unlicensed sub not by a licensed electrician Investigator’s Observation: At this time, no information has been submitted that would allow me to verify any work has been done by unlicensed contractors. There is currently insufficient evidence to substantiate a violation. Governing Rule: N/A

Compliance Item: 10 - Poor workmanship on travertine caps on planter boxes. Caps were grouted over full face of travertine, thereby grouting all the natural beauty and graining of travertine. Lavender was made aware and they said they will not fix Investigator’s Observation: Travertine caps have had the natural pits filled with filler materials. No language in the contract specifies whether the caps would be filled or not. This is a contractual dispute and filling pits in natural stone is a common practice in the industry and does not constitute a violation of any standards enforced by the Registrar. Governing Rule: N/A

Compliance Item: 11 - Travertine caps on walkway planter boxes wrong size, should be 12x12, cut down to 10x12 for no apparent reason. Plan states 12x12, back row of caps along house not proper size Investigator’s Observation: Travertine caps measure approx. 10” at the walls of the home as described. This allegation is based on drawings of the planter boxes, and the rendering of the travertine caps appearing to be the same size throughout. The drawings do not have a specific size noted for the caps and it appears the travertine has been cut down to fit in the area where the

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

planter boxes have been constructed. Unable to substantiate a workmanship issue, and contractual disputes would need to be addressed in another venue. Governing Rule: N/A

Compliance Item: 12 - Several travertine caps chipped or cracked on planter boxes, needs replacing. They grouted over cracks and chips to hide flaws instead of replacing them Investigator’s Observation: Travertine used in this project exhibits natural pitting throughout the stone on all sides. Complainants believe many pavers are damaged, however, I am unable to verify that the condition observed is due to damage vs. natural pitting found in manufactured stone products at the edges of the travertine caps. Governing Rule: N/A

Compliance Item: 13 - Existing blue pot broken; no replacement delivered despite availability of comparable pot available for purchase. Lavender said they would replace pot during last ROC inspection, no such remediation has happened. Comparable replacement pot is available at Green Goddess, Haley was made aware and refuses to replace Investigator’s Observation: Parties have agreed to replace this pot or credit the cost. Respondent shall address this issue by appropriate means. Governing Rule: 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.

Compliance Item: 14 - Gas line trenched 200' out of planned area on NAOS and neighbors' property. Per Scottsdale City Inspector, will be an issue if gas leak occurs, Lavender should have used sleve under driveway to run lines across driveway as stated in their plans. This is not an HOA issue it's a blatant refusal to build per signed contract Investigator’s Observation: Gas line has been inspected by the local

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

municipality (City of Scottsdale) and has passed all necessary code inspections. Unable to substantiate a workmanship violation. Governing Rule: N/A

Compliance Item: 15 - All plants contracted for transplant have died due to poor transplanting. During 6/15/23 meeting at Lavender's office, Haley acknowledged their liability and said she would have them replaced. No replacements have been delivered Investigator’s Observation: Allegations related to dead/dying vegetation are not issues within the ROC’s jurisdiction. Additionally, plants have already been replaced at this time. Governing Rule: N/A

Compliance Item: 16 - Oil and other stains on driveway pavers from Lavenders crews, not cleaned despite promise to wash. Lavender said they would fix/wash/replace damages during last ROC inspection, no such remediation has happened Investigator’s Observation: At this time, insufficient evidence is available to verify any oil stains have been caused by respondent. Other contractors and owner’s vehicles have been present on site and this allegation is unverified. Governing Rule: N/A

Compliance Item: 17 - Driveway pavers damaged/stained due to machinery and construction. Lavender said they would fix/wash/replace damages during last ROC inspection, no such remediation has happened Investigator’s Observation: Cementitious materials are present on the top surface of the concrete pavers at the main driveway which are adjacent to respondent’s work areas. Additionally, various concrete pavers removed/reset by respondent in the course of performing their contracted scope of work are now settling excessively and/or cracked. Respondent shall

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

correct all effected concrete pavers by appropriate means. Governing Rule: 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.

Compliance Item: 18 - Travertine pavers on walkway chipping due to their crews traveling over with materials and machinery regularly since they laid it down 8 months ago Investigator’s Observation: As stated, pavers were installed approx. months prior to the complaint being filed. There is currently insufficient evidence to verify whether any damage has been caused by the respondent, by the homeowners, or by any other parties since installation. Governing Rule: N/A

Compliance Item: 19 - Not enough glass in fire feature to cover sand. Needs several more pounds to complete Investigator’s Observation: Additional glass should be added to adequately cover piping and base materials. Respondent shall correct by appropriate means. Governing Rule: 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.

Compliance Item: 20 - Travertine on walkway and in courtyard uneven, trip hazard in several areas. Needs to be leveled. Investigator’s Observation: Per ROC standards for pavers, “There should be no more than 1/8” difference in height between adjacent pavers.” Multiple pavers at the west walkway , north walkway and courtyard were observed to exceed the allowable tolerance of 1/8”. Respondent shall address any pavers exhibiting lippage outside of the relevant standard by appropriate means. Governing Rule: Violation of any rule adopted by the 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23

Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 21 - ALL grate covers for fire/water feature need to be replaced with appropriately sized black covers not spray paintedor cut down Investigator’s Observation: Unable to conclude any documentation specifies certain materials were to be installed vs. what has been installed to date. Unable to substantiate a violation. Governing Rule: N/A

Compliance Item: 22 - Pipe sticking out of the top of the fire/water feature needs drip line or needs to be removed Investigator’s Observation: Drip line added to the area in question prior to inspection. Governing Rule: N/A n/ Compliance Item: 23 - Back of fire/water feature needs to be painted Investigator’s Observation: Backside of the feature is painted as of date of inspection. Governing Rule: N/A

Compliance Item: 24 - Basins of all water feature areas including courtyard need to be drained and cleaned Investigator’s Observation: Some sort of cementitious material is present on the tile surfaces of the water features; substance appears to be either mortar or grout haze. Respondent shall correct by appropriate means. Governing Rule: 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.

Compliance Item: 25 - Leveler in courtyard fountain has grout on it, also needs tile work finished around it. Investigator’s Observation: Respondent shall clean excess grout off

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

of the leveler by appropriate means. Governing Rule: 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.

Compliance Item: 26 - We need to know how to work the timers for both fountain/water features. Investigator’s Observation: Allegation does not reference a workmanship issue within the Registrar’s jurisdiction. Governing Rule: N/A

Compliance Item: 27 - Gas to fire feature in courtyard and west side needs to be turned on and tested Investigator’s Observation: No issues with the gas line to the fire feature were demonstrated during the inspection. Unable to substantiate that there is a workmanship issue requiring corrective action related to this allegation. Governing Rule: N/A

Compliance Item: 28 - Fire/Water Feature not working as supposed to, Lavender has refused to acknowledge or fix this Investigator’s Observation: The water feature appears to be losing water for unknown reasons and may not be able to hold water as intended. Respondent shall ensure the west feature is free of leaks and operating as intended by appropriate means. Governing Rule: 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.

Compliance Item: 29 - Gas leak found by SWG - non licensed plumber did gas line work Investigator’s Observation: Gas line no longer leaking (verified by

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

Southwest Gas) as of date of inspection. No information currently on file supports allegations that unlicensed plumbers performed work related to the gas line. Unable to substantiate a violation. Governing Rule: N/A

Daniel Edwards Daniel Edwards, Investigator #218 602 771 6788 [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 C011 12/23

Complainant: Samira Arikat 28830 N 71st St Scottsdale, AZ 85266

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: Lavender Landscape Design Co. LLC 1872 E Broadway Rd Tempe, AZ 85282

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 28, 2024

License No. ROC 326465

Re:Complaint No. 2024-00973

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on April 19, 2024.

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

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

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 are to be housed outside the fountain and they said they are not going to build per the plan.; Investigator’s Observation: Drawings, email communications, and the November 2023 “Agreement Regarding Remaining Scopes of Work” clearly show that the parties understood and agreed that the west feature pump and valve were to be located behind the west side of the feature and this has not been done. Respondent shall correct by appropriate means. Governing Rule: Departure from or disregard of: (a) Plans or specifications in any material respect that is prejudicial to another without consent of the owner or the owner’s duly authorized representative and without the consent of the person entitled to have the particular construction project or operation completed in accordance with such plans and specifications and code.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 even in width and appearance. Respondent shall address these issues by appropriate means. Governing Rule: 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.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Compliance Item: 19 - Not enough glass in fire feature to cover sand. Needs several more pounds to complete Investigator’s Observation: Additional glass should be added to adequately cover piping and base materials. Respondent shall correct by appropriate means. Governing Rule: 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.

Compliance Item: 20 - Travertine on walkway and in courtyard uneven, trip hazard in several areas. Needs to be leveled. Investigator’s Observation: Per ROC standards for pavers, “There should be no more than 1/8” difference in height between adjacent pavers.” Multiple pavers at the west walkway , north walkway and courtyard were observed to exceed the allowable tolerance of 1/8”. Respondent shall address any pavers exhibiting lippage outside of the relevant standard by appropriate means. Governing Rule: 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.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 25 - Leveler in courtyard fountain has grout on it, also needs tile work finished around it. Investigator’s Observation: Respondent shall clean excess grout off of the leveler by appropriate means. Governing Rule: 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.

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 months that the dimensions are wrong and they said they were not going to build it per our contract. Investigator’s Observation: Allegation refers to the height of elements of the west feature. Per complainant, the dimensions of the feature do not match the dimensions in the drawings used in the design of the feature. Subsequent to signing the underlying contract, the parties signed an “Agreement Regarding Remaining Scopes of Work” in November of 2023. The agreement references various parts of the project including the west feature, however, the agreement states in part, “The Owners agree to accept the dimensions of the feature as currently built, except for the changes explained above and to be detailed in the redesigned CAD proposal.” The parties dispute the language of this agreement and its meaning. This is ultimately a contractual dispute which would need to be addressed in another venue. Governing Rule: N/A

Compliance Item: 3 - Plumbing pipes for the fountain parts of the feature are not per contract. This is problematic should there be a leak or some other issue needing fixing. Imposible to locate pipes in structure Investigator’s Observation: Allegation is a continuation of issues addressed in compliance item no. 2. Governing Rule: N/A

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 the amount of rebar fails to meet any relevant codes or standards of workmanship. Governing Rule: N/A

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 the inspection and appears to be operating as intended. No issues observed. Unable to substantiate a violation. Governing Rule: N/A

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 planter boxes, and the rendering of the travertine caps appearing to be the same size throughout. The drawings do not have a specific size noted for the caps and it appears the travertine has been cut down to fit in the area where the planter boxes have been constructed. Unable to substantiate a workmanship issue, and contractual disputes would need to be addressed in another venue. Governing Rule: N/A

Compliance Item: 15 - All plants contracted for transplant have died due to poor transplanting. During 6/15/23 meeting at Lavender's office, Haley

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 acknowledged their liability and said she would have them replaced. No replacements have been delivered Investigator’s Observation: Allegations related to dead/dying vegetation are not issues within the ROC’s jurisdiction. Additionally, plants have already been replaced at this time. Governing Rule: N/A

Compliance Item: 18 - Travertine pavers on walkway chipping due to their crews traveling over with materials and machinery regularly since they laid it down 8 months ago Investigator’s Observation: As stated, pavers were installed approx. 8 months prior to the complaint being filed. There is currently insufficient evidence to verify whether any damage has been caused by the respondent, by the homeowners, or by any other parties since installation. Governing Rule: N/A

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Compliance Item: 21 - ALL grate covers for fire/water feature need to be replaced with appropriately sized black covers not spray paintedor cut down Investigator’s Observation: Unable to conclude any documentation specifies certain materials were to be installed vs. what has been installed to date. Unable to substantiate a violation. Governing Rule: N/A

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 allegation at this time. Governing Rule: N/A

Compliance Item: 29 - Gas leak found by SWG - non licensed plumber did gas line work Investigator’s Observation: Gas line no longer leaking (verified by Southwest Gas) as of date of inspection. No information currently on file supports allegations that unlicensed plumbers performed work related to the gas line. Unable to substantiate a violation. Governing Rule: N/A

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

Sincerely,

Daniel Edwards Daniel Edwards, Investigator #218 602 771 6788 [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 Complainant Attorney: Mark D. Bogard Esq. 1850 N Central Ave, Ste 1200 Phoenix, AZ 85004

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Complainant: Samira Arikat 28830 N 71st St Scottsdale, AZ 85266

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

C012 12/23 Respondent: Lavender Landscape Design Co. LLC 1872 E Broadway Rd Tempe, AZ 85282

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

C012 12/23 April 25, 2024

Compliance Jobsite Inspection Notice Re: Complaint No. 2024-00973

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for Thursday, May 2, 2024 at 12:00 PM to determine the current status of the items listed on the issued Directive.

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

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

Sincerely,

Daniel Edwards Daniel Edwards, Investigator #218 602 771 6788 [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

C012 12/23 Complainant Attorney: Mark D. Bogard Esq. 1850 N Central Ave Phoenix, AZ 85004

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

C012 12/23 Respondent Attorney: Lance Hough Esq. 2555 E Camelback Rd, Ste 800 Phoenix, AZ 85016

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

C012 12/23 Case no. 2024-00973

Dan Edwards, 5/2/2024 1 28830 N 71st St JSI PHOTOS

Pump and valve not relocated, respondent disputes this portion of the directive Case no. 2024-00973

Dan Edwards, 5/2/2024 2 28830 N 71st St JSI PHOTOS

Water present behind the fountain, complainant and respondent reportedly filled feature prior to CJSI and marked position of the water line, however, water appears to be escaping the feature. Case no. 2024-00973

Dan Edwards, 5/2/2024 3 28830 N 71st St JSI PHOTOS Case no. 2024-00973

Dan Edwards, 5/2/2024 4 28830 N 71st St JSI PHOTOS

Poor tile cuts remain Case no. 2024-00973

Dan Edwards, 5/2/2024 5 28830 N 71st St JSI PHOTOS

Inconsistent grout widths surrounding grates still remain Case no. 2024-00973

Dan Edwards, 5/2/2024 6 28830 N 71st St JSI PHOTOS

Poor tile cuts at feature still remain Case no. 2024-00973

Dan Edwards, 5/2/2024 7 28830 N 71st St JSI PHOTOS

Poor tile cuts at feature still remain Case no. 2024-00973

Dan Edwards, 5/2/2024 8 28830 N 71st St JSI PHOTOS

Settling/cracked pavers and cementitious materials observed at initial JSI have been addressed Case no. 2024-00973

Dan Edwards, 5/2/2024 9 28830 N 71st St JSI PHOTOS

Settling/cracked pavers and cementitious materials observed at initial JSI have been addressed Case no. 2024-00973

Dan Edwards, 5/2/2024 10 28830 N 71st St JSI PHOTOS

Settling/cracked pavers and cementitious materials observed at initial JSI have been addressed Case no. 2024-00973

Dan Edwards, 5/2/2024 11 28830 N 71st St JSI PHOTOS

Lippage between pavers still exceeds 1/8”, west walkway Case no. 2024-00973

Dan Edwards, 5/2/2024 12 28830 N 71st St JSI PHOTOS

Lippage between pavers still exceeds 1/8”, north courtyard walkway Case no. 2024-00973

Dan Edwards, 5/2/2024 13 28830 N 71st St JSI PHOTOS

Lippage between pavers still exceeds 1/8”, north courtyard walkway Case no. 2024-00973

Dan Edwards, 5/2/2024 14 28830 N 71st St JSI PHOTOS

Lippage between pavers still exceeds 1/8”, courtyard Case no. 2024-00973

Dan Edwards, 5/2/2024 15 28830 N 71st St JSI PHOTOS

Cement/grout still present on leveler in courtyard fountain, poor tile work surrounding leveler remains Case no. 2024-00973

Dan Edwards, 5/2/2024 16 28830 N 71st St JSI PHOTOS

Tiles at base of the courtyard feature were removed and reinstalled, new mosaic dos not line up Case no. 2024-00973

Dan Edwards, 5/2/2024 17 28830 N 71st St JSI PHOTOS

Fire feature at the west fountain. Glass appears to have either LESS coverage than previously observed, or more sand has been added to the feature. Currently insufficient evidence to distinguish one way or another. It does appear that the current amount of glass can be spread to provide sufficient coverage as desired. Complainant: Samira Arikat 28830 N 71st St Scottsdale, AZ 85266

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Respondent: Lavender Landscape Design Co. LLC 1872 E Broadway Rd Tempe, AZ 85282

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Case No.: 2024-00973 Investigator: Daniel Edwards Inspection Date: Thursday, May 2, 2024 Inspection Time: 12:00 PM

Compliance Jobsite General Notes:

Present at compliance inspection was Samira Arikat (complainant), Brian Armstrong (complainant’s husband), Mark D. Bogard (complainant’s attorney), Bill Terborg (Senior Construction Manager for respondent), Lance Hough (respondent’s attorney), and Ted Wilkins (employee of respondent). Photos taken with Canon ELPH digital camera and/or state-issued Google Pixel cell phone camera. Audio recorded with Olympus DM-720 digital voice recorder. Labelled photos included in case attachments labelled "20240502."

Compliance Findings:

At compliance inspection, the following observations were made:

• Compliance item no. 2 – No work appears to have been performed to address this item. Issue is unresolved. • Compliance item no. 4 – Tile issues still remain at the west feature; areas where tile meets travertine caps still missing sufficient tile and areas are still grouted, tile surrounding scuppers is poorly done and grout joints are inconsistent in appearance, grout joints surrounding floor grates still in the same condition observed at initial inspection. Additionally, tile surrounding leveler piping in the courtyard is still in the same condition with excessive voids surrounding the piping, Issue is unresolved. • Compliance item no. 13 - A check was provided to complainant during the compliance inspection and the parties appear to have resolved this issue financially. Issue appears resolved. • Compliance item no. 17 – The areas where pavers were cracked/settling appear to have been addressed. Additionally, the cementitious material present on the top surface of the pavers which was observed at the initial inspection appears to have been addressed. Issue appears resolved. • Compliance item no. 19 – Fire feature was observed to have exposed sand inside of the feature. Notably, the feature appears to have less glass coverage than when it was observed during the initial March 12, 2024 jobsite inspection. It is unclear whether the fire feature has had any sand or glass added to it since initial inspection, however, the current amount of glass appears to be sufficient to provide adequate coverage and can be flattened/spread as desired. Unable to conclude that an actionable issue exists related to this item. • Compliance item no. 20 – Various pavers at the west walkway, north walkway to the courtyard, and in the courtyard itself still exhibit lippage > 1/8”. Issue appears unresolved. • Compliance item no. 24 - Cementitious materials have been cleaned out of the basins of the fountains, however, in the process of completing this work respondent appears to have 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 removed the mosaic glass tile at the base of the courtyard fountain. The mosaics have been reinstalled, but are not lined up adequately in the center of the fountain base. Issue appears unresolved. • Compliance item no. 25 – Grout still present on the leveler piping, issue appears unresolved. • Compliance item no. 28 – It appears feature may still be losing water and the ground surrounding the plumbing lines at the rear (west) side of the feature were wet during the inspection. Issue appears unresolved. •

In summary, items 2, 4, 20, 24, 25 and 28 appear unresolved as of the compliance inspection.

Note:

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

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

Daniel Edwards, Investigator #218 602 771 6788 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812

CC: Respondent Attorney Complainant Attorney

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Complainant Attorney: Mark D. Bogard Esq. 1850 N Central Ave Phoenix, AZ 85004

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Respondent Attorney: Lance Hough, Esq. 2555 E Camelback Road, Suite 800 Phoenix, AZ 85016

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

Samira Arikat Case No. 2024-00973 COMPLAINANT, v. Lavender Landscape Design Co. LLC CITATION License No. ROC 326465 and 334560

RESPONDENT.

The Registrar issues this Citation to Lavender Landscape Design Co. LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by June 13, 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).

of 6

1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 THE WRITTEN COMPLAINT On January 25, 2024, Samira Arikat (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating: Charge 1: A.R.S. § 32-1154(A)(2)(a) Departure from or disregard of: (a) Plans or specifications in any material respect that is prejudicial to another without consent of the owner or the owner’s duly authorized representative and without the consent of the person entitled to have the particular construction project or operation completed in accordance with such plans and specifications and code.

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)(9)(a) Attempting to evade this chapter by: (a) Aiding or abetting a licensed or unlicensed person.

Charge 4: 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.

of 6

1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held. If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(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. 2024-00973. 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

of 6

1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 Registrar no later than June 13, 2024. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). 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).

of 6

1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(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 May 29, 2024. By: /s/ Dylan Warwick Dylan Warwick Legal Department Arizona Registrar of Contractors

of 6

1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, May 29, 2024 to:

Respondent Certified Mail No: [number redacted]

Lavender Landscape Design Co. LLC 1872 E Broadway Rd Tempe, AZ 85282 Copy mailed by USPS First Class mail this same date to: Lavender Landscape Design Co. LLC 1872 E Broadway Rd Tempe, AZ 85282

License mailing address (if different from account/company address of record): Lavender Landscape Design Co. LLC 602 W 22nd St Tempe, AZ 85282

Lance Hough, Esq. 2555 E Camelback Road, Suite 800 Phoenix, AZ 85016 Complainant Samira Arikat 28830 N 71st St Scottsdale, AZ 85266 Mark D. Bogard Esq. 1850 N Central Ave Phoenix, AZ 85004 Copy sent electronically this same date to: Respondent at email address on record with the Registrar Respondent’s Attorney at email address of record with Registrar Complainant at email address on record with the Registrar Complainant’s Attorney at email address of record with Registrar Case No. 2024-00973 / <<CreatedBy_DW> of 6

1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

Has any work been corrected? No

The contract was Written All change orders were Written This project was Residential This project involved Remodel

RCC099 12/05/18 Page 2 of 3 Existing Site Conditions Summary (Mobilization and Demolition)

Pre-Construction & Mobilization (necessary items for construction including but not limited to rentals, crew support, and site setup) $ 10,299.25 Dump Truck and Cat Street Removal Loads (HIDE THIS ROW AFTER QUANTITY FILLED) Rental Fence - Snow Fence (HIDE THIS ROW AFTER QUANTITY FILLED) Port o Potty Rental & Service (HIDE THIS ROW AFTER QUANTITY FILLED) In house Dump Fee (HIDE THIS ROW AFTER QUANTITY FILLED) Power Wash street (HIDE THIS ROW AFTER QUANTITY FILLED)

Demolition & Site Conditions Custom Demolition - Remove existing lighting and wire Water Feature removal 903 SF of existing travertine paver removal 2340 SF of paver removal L' curbing removal 368 Sq ft of jackhammer concrete removal 185 LF Sawcut concrete removal 700 Site Prep Grading - Fine Grading - Demo Repair 3340 SF granite collect and respread Medium Plant Removal 24" Box Tree Removal 36" Box Tree and Palm Removal Custom Bid Large Tree Removal - Entryway Trees Custom Bid Large Tree Removal Boulder Reloaction 24" Yucca and Agave Tranplant (no warrranty) 24" Club cactus transplant (no warranty) 24" Box Sago Palm Transplant (no warranty) Install homeowner provided items - large existing pots in walkway Rentals - i.e. Bobcat, stump grinder, reach fork, trencher -60 CREDIT: LF Sawcut concrete removal moved to Phase 1 -60 CREDIT: Sq ft of jackhammer concrete removal moved to Phase 1 -2 CREDIT: 36" Box Tree Removal

Existing Site Conditions Summary $ 55,648.96

Landscape Summary

Masonry (veneer & caps separate) L' Courtyard Planter Boxes @ 16" H - RETAINING, STRAIGHT L' Travertine Cap - 12"x12" - QDI Ancient Castle (FT2) Casita Courtyard: L' Planter Wall @ 24" H - RETAINING, CURVED 159 (M5-M9) Entry Walkway Planters: L' Planter Wall @ 18" H - RETAINING, STRAIGHT (M5-M9) Entry Walkway Planters: L' Planter Wall @ 24" H - RETAINING, STRAIGHT (M2-M4) Accent Planter Boxes: L' Planter Wall @ 12" H - RETAINING, STRAIGHT Backyard Accent Planter Boxes: L' Planter Wall @ 18" H - RETAINING, STRAIGHT (M2-M4) Accent Planter Boxes: L' Planter Wall @ 24" H - RETAINING, STRAIGHT (M2-M4) Accent Planter Boxes: L' Planter Wall @ 36" H - RETAINING, STRAIGHT 480 (M2-M9 +FT2) Accent Planter Boxes: Travertine Cap - L' - 12"x12" Ancient Castle (QDI) Delivery Fee -11 L' Travertine Cap - 12"x12" - QDI Ancient Castle

Subtotal $ 61,980.14 Fire Feature 31' L x 18" Rectangle Firepit block construction - veneer separate SF Glass fill for standard size fire pit 10L' Fire bar

Subtotal $ 6,660.57

Veneer 853 SF Stone/Cultured Stone FLATS - Monterrey Ledgestone Silver 112 L' Stone/ Cultured Stone CORNERS - - Monterrey Ledgestone Silver SF Stucco and Paint to Match house (150 minimum, ex. santa barbara) 255 SF - Tile Level II - London Series Victoria LS-1177 Delivery Fee -16 CREDIT: SF Stone FLATS - Silver Travertine Splitface Ledgestone by Monterray -2 CREDIT: Delivery Fee Subtotal $ 37,591.15

Decking SF - Paver Level II - Ivory Beige Travertine (3pc) by QDI SF - Standard Concrete Paver - Relay existing after gas trenching 966 SF - Paver Level II - Relay existing travertine in courtyard 133 SF - Paver Level IIII - DC Ranch Cobble (Anasazi), mortar set 1534 SF - Paver Level I - 4-piece Travertine - Ivory Beige (QDI) 745 SF - Paver Level II - 6"x12" Travertine - Ancient Castle (QDI) 408 SF - Travertine Paver Step Pads - 4-Piece QDI Ivory Beige Delivery Fee Per decking type -28 CREDIT: SF - Paver Level II - 4-pc Travertine - Ivory Beige (QDI)

Subtotal $ 66,433.23

Structures 800 SF Tongue and Groove Ceiling 800 SF paint or stain - Behr Espresso

Subtotal $ 23,448.00

Utilities 605 L' Gas Run & Trench from main (25 L' Minimum) - Moved from Phase 1 555 L' Gas Run Sleeve - Moved from Phase 2 # Risers 360 L' 110 Electric Run and trenching (includes sleeve) (60 L' Minimum) L' Gas Run & Trench (25 L' Minimum) 470 L' 110 Electric Run in and trenching (includes rigid pipe and 20 mil wrap) (60 L' Minimum) 177 L' Water Run GFCI # Free standing GFCI outlets on rigid pipe (includes all weather cover) -72 CREDIT: L' Water Run for casita water feature -220 CREDIT: L' Gas Run & Trench (25 L' Minimum) moved to Phase 1 -220 CREDIT: L' Gas Run Sleeve moved to Phase 1

Subtotal $ 47,501.63

Irrigation 460 LF Corrugated Drain Pipe - For Both Courtyard and Walkway # Open Field Drain Box - 1200BLKIT 12" Catch Basin Kit - For Both Courtyard and Walkway Valves = (3) Drip valves: (1) Shrubs, (1) Trees, (2) Succulents, (1) Pots, (1) Palms Febco PVB 653 # Individual Bug Emmitter and Line for poly system 3650 LF Heavy Duty Poly Line Hunter 6 Timer Irritrol Rain Dial 8 Timer 105 LF 2" Sleeving # Pottery Sleeve and cement # Shrubblers Delivery Fee -1 CREDIT: Febco PVB -2 CREDIT: Hunter 6 Timer -70 CREDIT: # Individual Bug Emmitter and Line for poly system

Subtotal $ 36,503.12

Plantings (Designs and images show plantings at establishment and are not representative of the size. Please refer to the signed construction contract for currently bid sizes to prevent inaccurate depictions of plant size on plans.) 5 gal standard plants 5 gal standard shrub 327 5 gal specialty plants/vines 189 5 gal premium cactus/plants 5 gal premium (Giant Birds, Cacti, Succulents) 15 gal weeping fig trees 15 gal premium (Giant Birds, Cacti, Succulents) 15 gal premium cactus 15 gal specialty plants 15 gallon standard tree 24" specialty box tree 24" box palm tree Double Tree Staking Full day Designer plant tagging at Nursery

Delivery Fee -4 CREDIT: 5 gal specialty shrub (Staked Vines, Roses) -1 CREDIT: 5 gal premium (Giant Birds, Cacti, Succulents)

Subtotal $ 77,052.61

Header LF Reuse Travertine Pavers Border - mud set 497 LF Travertine Border - Straight - QDI Ancient Castle 6x12 - End to End Delivery Fee -3 CREDIT: LF Travertine Paver Border, Ancient Castle 6x12", End by End, Mud Set

Subtotal $ 11,648.61

Rock, Soil # Tons Fill Dirt for grading or raising earth # Yards Rip Rap Boulders: 250-500 lbs., surface select, 1/4 buried Boulders: 500- 750lbs., surface select, 1/4 buried Boulders: 750-1000 lbs., surface select, 1/4 buried (Requires Cat Rental) # Bags 1"-2" black POLISHED beach stone Delivery Fee Under 15 tons -12 Credit Bags 1"-2" black POLISHED beach stone -2 CREDIT: Delivery Fee Under 15 tons Subtotal $ 26,407.85

Amenities Install only - homeowner provided pottery - pots from courtyard

Subtotal $ 1,182.00

Lighting # 300 watt FX Luxor LUX300M transformer - includes elec. connection & GFCI # FX WiFi Module, WIFIMOD2 COURTYARD: Pro Trade Base Tier Fixtures: (17) Spot, (12) Step 124 FRONT YARD: Pro Trade Base Tier Fixtures: (9) Path, (40) Spot, (32) Wash Up, (30) Step BACK YARD: Pro Trade Base Tier Fixtures: (19) Path, (19) Spot SIDE YARD: Pro Trade Base Tier Fixtures: (5) Spot, (6) Path Dauer Turnberry LED Bollard w/ tuf mounting kit 489600 Hinckley Lighting - Luna Outdoor LED Bollards - 15609BZ-LED R9VA 2350 LF low voltage wire # 300 watt lighting transformer includes elec. connection & GFI -3 CREDIT: # 300 watt lighting transformer includes elec. connection & GFI -2 CREDIT: Courtyard: Pro Trade Base Tier Fixtures: (2) Spot -11 CREDIT: FRONT YARD: Pro Trade Base Tier Fixtures: (11) fixtures -13 Hinckley Lighting - Luna Outdoor LED Bollards - 15609BZ-LED R9VA Delivery Fee

Subtotal $ 52,890.08

Permits & Fees Permits: (electric) Permits: (gas)

Subtotal $ 1,083.50

Custom Pricing Requests PH1: 4-Sided Courtyard Water Feature w/ 4 Scuppers $ 19,780.77 PH2: C-Stone Fountain $ 6,343.40 PH2: Custom Trellis in Walkway $ 1,773.00 PH2: Fire/Water Feature $ 29,628.80 PH2: Entry Walkway 12" Metal Planters $ 4,137.00 PH2: New 100A Subpanel $ 9,850.00 CO1: (2) Steel Agave Sculptures $ 2,164.94 CO1: (8) Custom Metal Trellises (varying size) $ 6,120.00 CO1: Fire bowl from Phoenix Precast $ 3,043.95 CO2: CREDIT: Materials and labor - (2) steel agave purchased by H/ $ (2,164.95) CO2: CREDIT: Materials - Trellises now by H/O, no install $ (6,120.00) CO2: CREDIT: Materials - H/O pruchased fire bowl $ (2,551.45) CO2: Install remote ignition system in courtyard firebowl $ 5,309.15 CO3: Add remote ignition and switch to fire and water feature $ 5,309.15 CO3: CREDIT: Materials - Walkway trellis now by H/O, no install $ (1,773.00) CO3: CREDIT: Materials - for C-Stone Fountain from Green Goddess $ (6,343.40)

PH1C03: Demo and rebuild of courtyard planter box masonry $ 2,718.60

Client Provided Items (Designer to add as required - items must be selected prior to construction start)

P1: Homewoner will provide (5) pots for the courtyard. CO2: 5x courtyard pots, 5x trellises for courtyard, 1x fire bowl from Phoenix precast, 1x steel agave. CO3: 1x H/O provided trelllis for walkway area, (1) additional pot from courtyard, (2) additional large pots w/ ex palm and soil

Client Initials for Provided Items

Exclusions ~All BBQ Equipment and Access Doors ~Audio Visual Equipment, sleeving or wires ~Damage From acts of God including rain, pet damage, frost, fire, insects, etc. ~Pool Code Fencing and Closures ~Damage or Repair to Existing Pool Shell (additional costs apply) ~Furniture, Pottery, Appliances ~Nut grass eradication (initial kill provided) ~Ongoing maintenance pre-project and post-project completion ~Additional fill dirt and haul away as required ~HOA Submittal Fees ~Hard Dig and Overbreak ~Unmarked Utilities that do not Bluestake ~Additional Permits and Engineering Client Initials for Exclusions

Change Order Fee $ 250.00 Ex. Site Conditions Total $ 55,648.96 Landscape Total $ 527,608.43 Pool Total $ - Design Fee Credit $ (7,500.00) Friends and Family Discount $ (5,000.00)

Project Total $ 571,007.39

Delay of Job Fee - Hindering the progress of work on an active construction site will result in a $250 per day job delay fee if the crew has started work for the day and is asked to stop. This fee will only be assessed due to changes to the approved plan documents or inability to access the jobsite, not for reasons outside of the clients control.

Notice of Right to Lien and Preliminary Twenty Day Notice - In accordance with Arizona Revised Statutes section 33-992.01, this is not a lien. This is not a reflection on the integrity of any contractor or subcontractor. This is a preliminary notice. If bills/invoices are not paid in full by client when due for the applicable payment term for labor, services, or materials, a mechanic's lien may be placed against the client's property. This is a notice required by law to alert clients to the possibility of liens being filed in the future if all parties furnishing labor, services and materials to your project are not paid in full at the time payment is due. Lavender Landscape reserves the right to pre-lien after 10 days of non-payment. A pre-lien gives Lavender Landscape the right to lien the property in the event of non-payment at our discretion.

Warranty - Lavender Landscape provides a warranty on all work performed during the Services in the Contract. Should any issues or dissatisfaction arise with the finished Services, Client should contact Lavender Landscape to discuss Services and Warranty. Warranty period starts from the date that Services are paid for in full. Lavender Landscape does not warrant items that have been damaged due to neglect, vandalism, or acts of god, such as frost, insects, high winds, etc. Client agrees to use basic standards of care for all living materials and conduct proper pest control and maintenance. Client agrees to conduct routine maintenance and service checks on all mechanical and plumbing equipment to ensure proper function. Please email [email redacted] for warranty inquiries. Homeowner is responsible for all landscape maintenance and pest control after project completion. Maintenance and pest control is not part of warranty. Maintenance includes weed eradication, pest control, trimming, and general upkeep, etc.

Days: Plantings & Lawn 3 years: Pool Equipment, In-Floor Year: Lighting & Irrigation Cleaning, & Interior Finishes Years: Decking, Masonry, Artificial 5 years: Pool Plumbing Turf, Grading & Drainage, Water 10 years: Pool Shell Features, & Fire Features

Notes on Plantings: Lavender will not replace plantings until 30 days after the final payment is made. This is to ensure that all plantings settle into their new environments and allows us to replace all necessary plantings that may be affected.

Notes on Natural Stone: Natural stone decking or veneers will have natural variation and imperfections within the stone that are considered standard. Natural stone is subject to change and weathering when exposed to outdoor elements and visual differences should be expected and is part of the inherant qualities of all natural stone. Physical damage such as major chips, breaks and cracks will be replaced or repaired under warranty. Warranty also covers improper settling or sinking of pavers. Rejection of standard natural stone variations and weathering may be replaced and subject to a Change Order to be paid for by Client.

Contractor/Lavender Landscape Obligations - Lavender Landscape is a duly licensed company in good standing, ROC CR-21 Hardscapes #326465 & ROC B-4 General Residential Engineering #334560. Contractor will perform the Services in a workmanlike manner, in compliance with all applicable laws, regulations, codes, restrictive covenants, and homeowners’ association requirements. Lavender Landscape agrees to furnish the labor, materials, and supplies necessary to perform the Services in accordance with the terms and conditions contained in this Contract. Upon completion of the Services, Contractor will remove all materials, supplies, and other debris. Lavender Landscape and representatives, partners, and crews will exercise reasonable skill and care in the performance of the work. Lavender Landscape reserves the right to photograph or film any parts of the design or construction process related to our work together, for use in marketing and social media.

Client Obligations - Client understands work will not begin on site until this Contact and Design Manual are signed and initialed in full. Client is responsible for maintenance of the property and existing landscape before, during, and after construction. Client is required to notify Lavender Landscape of site changes that may occur between signing of this contract and start of construction on the property. Client is responsible for restoring the site to the condition is was in upon signature of contract. Client will provide Lavender Landscape, its employees, agents, partners, crew, and subcontractors, reasonable access to the Property for the purpose of performing the Services, without interference by the Client or by the other contractors of the Client. Client agrees to keep the Property clear of all known and potential hazards before and during construction. Client further agrees to keep all pets and hazards out of the work area of the Property. Job site access for employees and crews may be between 5am and 6pm, unless otherwise directed. Client agrees to the use of existing utilities on site.

Client is the legal owner of the Property, or otherwise has authority to permit construction upon the Property. The requested Services are in accordance with all applicable laws, regulations, codes, restrictive covenants, and homeowners’ association requirements. Client has the financial ability to pay Lavender Landscape for the Services. Client has the right to file a written complaint with the registrar for an alleged violation of section 32- 1154, subsection A, and complaints must be made within the applicable time period as set forth in section 32- 1155, subsection A, to roc.az.gov or 877-692-9762. The Client will be responsible for obtaining any planning permission required for the Services. Lavender Landscape agrees to be responsible for obtaining permits and licenses needed over the course of the Services - additional costs may apply - and the Client will give reasonable assistance as required by Lavender Landscape. Lavender Landscape will notify the Client of additional costs and provide a Change Order.

Termination - Client possesses the right to terminate this contractual agreement; Client must provide written notice to terminate the Contract for refund prior to commencement of labor or ordering of materials. Client agrees to pay a 5% termination fee on any and all open/outstanding invoices, which includes any invoice unpaid and related to this contract. Client should refer to payment terms within this contract for clarity; uninvoiced terms and unpaid payments are defined as open invoices. Termination may also include restocking fees if material has already been ordered or delivered and management fees. The design deposit is non- refundable once construction begins.

Entire Agreement - This document reflects the entire agreement between the Parties and reflects a complete understanding of the Parties with respect to the subject matter. This Contract supersedes all prior written and oral representations. The Contract may not be amended, altered or supplemented except in writing signed by both Lavender Landscape and Client.

Legal and Binding Contract - This Contract is legal and binding between the Parties as stated above. This Contract may be entered into and is legal and binding in the United States. The Parties each represent that they have the authority to enter into this Contract.

I agree to the above terms of service, payment and change order terms and full change order amount above of: $ 571,007.39

Client Signature Date please initial in boxes throughout previous pages of document

Lavender Signature Date

Unconditional Waiver and Release on Progress Payment Arizona Code 33-1008 Order Id: LBDG6TXPK8J9 Project: 28830 North 71st Street, Scottsdale, Arizona 85266 Job No: Arikat Job Name (if any): Arikat

The undersigned has been paid and has received a progress payment in the sum of $377,554.07 for all labor, services, equipment or material furnished to the jobsite or to Brian Armstrong and Samira Arikat on the job of Brian Armstrong and Samira Arikat located at 28830 North 71st Street, Scottsdale, Arizona 85266 and does hereby release any mechanic’s lien, any state or federal statutory bond right, any private bond right, any claim for payment and any rights under any similar ordinance, rule or statute related to claim or payment rights for persons in the undersigned’s position that the undersigned has on the above referenced project to the following extent.

This release covers a progress payment for all labor, services, equipment or materials furnished to the jobsite or to Brian Armstrong and Samira Arikat through 5/18/2023 only and does not cover any retentions, pending modifications and changes or items furnished after that date.

The undersigned warrants that he either has already paid or will use the monies he receives from this progress payment to promptly pay in full all of his laborers, subcontractors, materialmen and suppliers for all work, materials, equipment or services provided for or to the above referenced project up to the date of this waiver

Signature

________________________________ Haley Tew

Lavender Landscape Design Co. LLC May 18, 2023

NOTICE:

THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL RELEASE FORM. Unconditional Waiver and Release on Final Payment Arizona Code 33-1008 Project: 28830 North 71st Street, Scottsdale, Arizona 85266 Job No: Arikat Job Name (if any): Arikat

The undersigned has been paid in full for all labor, services, equipment, or material furnished to the jobsite or to Brian Armstrong and Samira Arikat on the job of Brian Armstrong and Samira Arikat located at 28830 North 71st Street, Scottsdale, Arizona 85266, and does hereby waive and release any right to a mechanic's lien, any state or federal statutory bond right, any private bond right, any claim for payment and any rights under any similar ordinance, rule or statute related to claim or payment rights for persons in the undersigned's position, except for disputed claims for extra work in the amount of $31,668.43.

The undersigned warrants that he either has already paid or will use the monies he receives from this final payment to promptly pay in full all of his laborers, subcontractors, materialmen, and suppliers for all work, materials, equipment, or services provided for or to the above referenced project.

Signature

________________________________ Haley Tew

Lavender Landscape Design Co. LLC June 16, 2023

NOTICE:

THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL RELEASE FORM. Payment confirmation: Invoice #2395-(Lavender Landscape Design)

From: QuickBooks Payments ([email redacted])

To: [email redacted] Date: Friday, March 17, 2023 at 11:40 AM MST

Manage payment

You paid $8937.95 to Lavender Landscape Design on 03/17/2023

Payment details Invoice no. 2395

Invoice amount $8937.95

Total amount $8937.95

No additional transfer fees or taxes apply.

Status Paid

Payment method

Authorization ID

Please don't reply to this email, if you need any help regarding this message, please contact the business directly.

Thank you, Lavender Landscape Design +1 [number redacted] www.lavenderlandscape.com | [email redacted] 602 W 22nd St, Tempe, AZ, 85282, US

Payment services brought by:

Intuit Payments Inc. 2700 Coast Avenue, Mountain View, CA 94043 Phone number 1-888-536-4801 NMLS #1098819

For more information about Intuit Payments' money transmission licenses, please visit Payment Licenses page.

Security | Privacy statement | Terms of Service

From: QuickBooks Payments ([email redacted])

To: [email redacted] Date: Wednesday, March 22, 2023 at 12:43 PM MST

Manage payment

You paid $45410.27 to Lavender Landscape Design on 03/22/2023

Payment details Invoice no. 2400

Invoice amount $45410.27

Total amount $45410.27

No additional transfer fees or taxes apply.

Status Paid

Payment method

Authorization ID

Please don't reply to this email, if you need any help regarding this message, please contact the business directly.

Thank you, Lavender Landscape Design +1 [number redacted] www.lavenderlandscape.com | [email redacted] 602 W 22nd St, Tempe, AZ, 85282, US

Payment services brought by:

Intuit Payments Inc. 2700 Coast Avenue, Mountain View, CA 94043 Phone number 1-888-536-4801 NMLS #1098819

For more information about Intuit Payments' money transmission licenses, please visit Payment Licenses page.

Security | Privacy statement | Terms of Service

From: QuickBooks Payments ([email redacted])

To: [email redacted] Date: Wednesday, March 22, 2023 at 12:44 PM MST

Manage payment

You paid $9043.29 to Lavender Landscape Design on 03/22/2023

Payment details Invoice no. 2401

Invoice amount $9043.29

Total amount $9043.29

No additional transfer fees or taxes apply.

Status Paid

Payment method

Authorization ID

Please don't reply to this email, if you need any help regarding this message, please contact the business directly.

Thank you, Lavender Landscape Design +1 [number redacted] www.lavenderlandscape.com | [email redacted] 602 W 22nd St, Tempe, AZ, 85282, US

Payment services brought by:

Intuit Payments Inc. 2700 Coast Avenue, Mountain View, CA 94043 Phone number 1-888-536-4801 NMLS #1098819

For more information about Intuit Payments' money transmission licenses, please visit Payment Licenses page.

Security | Privacy statement | Terms of Service

From: QuickBooks Payments ([email redacted])

To: [email redacted] Date: Sunday, March 26, 2023 at 04:22 PM MST

Manage payment

You paid $2927.92 to Lavender Landscape Design on 03/26/2023

Payment details Invoice no. 2405

Invoice amount $2927.92

Total amount $2927.92

No additional transfer fees or taxes apply.

Status Paid

Payment method

Authorization ID

Please don't reply to this email, if you need any help regarding this message, please contact the business directly.

Thank you, Lavender Landscape Design +1 [number redacted] www.lavenderlandscape.com | [email redacted] 602 W 22nd St, Tempe, AZ, 85282, US

Payment services brought by:

Intuit Payments Inc. 2700 Coast Avenue, Mountain View, CA 94043 Phone number 1-888-536-4801 NMLS #1098819

For more information about Intuit Payments' money transmission licenses, please visit Payment Licenses page.

Security | Privacy statement | Terms of Service

From: QuickBooks Payments ([email redacted])

To: [email redacted] Date: Sunday, March 26, 2023 at 04:23 PM MST

Manage payment

You paid $2222.16 to Lavender Landscape Design on 03/26/2023

Payment details Invoice no. 2406

Invoice amount $2222.16

Total amount $2222.16

No additional transfer fees or taxes apply.

Status Paid

Payment method

Authorization ID

Please don't reply to this email, if you need any help regarding this message, please contact the business directly.

Thank you, Lavender Landscape Design +1 [number redacted] www.lavenderlandscape.com | [email redacted] 602 W 22nd St, Tempe, AZ, 85282, US

Payment services brought by:

Intuit Payments Inc. 2700 Coast Avenue, Mountain View, CA 94043 Phone number 1-888-536-4801 NMLS #1098819

For more information about Intuit Payments' money transmission licenses, please visit Payment Licenses page.

Security | Privacy statement | Terms of Service

From: QuickBooks Payments ([email redacted])

To: [email redacted] Date: Sunday, April 9, 2023 at 10:55 PM MST

Manage payment

You paid $26723.17 to Lavender Landscape Design on 04/09/2023

Payment details Invoice no. 2429

Invoice amount $26723.17

Total amount $26723.17

No additional transfer fees or taxes apply.

Status Paid

Payment method

Authorization ID

Please don't reply to this email, if you need any help regarding this message, please contact the business directly.

Thank you, Lavender Landscape Design +1 [number redacted] www.lavenderlandscape.com | [email redacted] 602 W 22nd St, Tempe, AZ, 85282, US

Payment services brought by:

Intuit Payments Inc. 2700 Coast Avenue, Mountain View, CA 94043 Phone number 1-888-536-4801 NMLS #1098819

For more information about Intuit Payments' money transmission licenses, please visit Payment Licenses page.

Security | Privacy statement | Terms of Service

From: QuickBooks Payments ([email redacted])

To: [email redacted] Date: Monday, April 24, 2023 at 02:46 PM MST

Manage payment

You paid $10895.83 to Lavender Landscape Design on 04/24/2023

Payment details Invoice no. 2455

Invoice amount $10895.83

Total amount $10895.83

No additional transfer fees or taxes apply.

Status Paid

Payment method

Authorization ID

Please don't reply to this email, if you need any help regarding this message, please contact the business directly.

Thank you, Lavender Landscape Design +1 [number redacted] www.lavenderlandscape.com | [email redacted] 602 W 22nd St, Tempe, AZ, 85282, US

Payment services brought by:

Intuit Payments Inc. 2700 Coast Avenue, Mountain View, CA 94043 Phone number 1-888-536-4801 NMLS #1098819

For more information about Intuit Payments' money transmission licenses, please visit Payment Licenses page.

Security | Privacy statement | Terms of Service

From: QuickBooks Payments ([email redacted])

To: [email redacted] Date: Thursday, May 11, 2023 at 02:08 PM MST

Manage payment

You paid $30000.00 to Lavender Landscape Design on 05/11/2023

Payment details Invoice no. 2499

Invoice amount $30000.00

Total amount $30000.00

No additional transfer fees or taxes apply.

Status Paid

Payment method

Authorization ID

Please don't reply to this email, if you need any help regarding this message, please contact the business directly.

Thank you, Lavender Landscape Design +1 [number redacted] www.lavenderlandscape.com | [email redacted] 602 W 22nd St, Tempe, AZ, 85282, US

Payment services brought by:

Intuit Payments Inc. 2700 Coast Avenue, Mountain View, CA 94043 Phone number 1-888-536-4801 NMLS #1098819

For more information about Intuit Payments' money transmission licenses, please visit Payment Licenses page.

Security | Privacy statement | Terms of Service

From: QuickBooks Payments ([email redacted])

To: [email redacted] Date: Tuesday, June 6, 2023 at 11:20 AM MST

Manage payment

You paid $20740.16 to Lavender Landscape Design on 06/06/2023

Payment details Invoice no. 2528

Invoice amount $20740.16

Total amount $20740.16

No additional transfer fees or taxes apply.

Status Paid

Payment method

Authorization ID

Please don't reply to this email, if you need any help regarding this message, please contact the business directly.

Thank you, Lavender Landscape Design +1 [number redacted] www.lavenderlandscape.com | [email redacted] 602 W 22nd St, Tempe, AZ, 85282, US

Payment services brought by:

Intuit Payments Inc. 2700 Coast Avenue, Mountain View, CA 94043 Phone number 1-888-536-4801 NMLS #1098819

For more information about Intuit Payments' money transmission licenses, please visit Payment Licenses page.

Security | Privacy statement | Terms of Service

From: QuickBooks Payments ([email redacted])

To: [email redacted] Date: Thursday, June 15, 2023 at 07:34 PM MST

Manage payment

You paid $31668.43 to Lavender Landscape Design on 06/15/2023

Payment details Invoice no. 2536

Invoice amount $31668.43

Total amount $31668.43

No additional transfer fees or taxes apply.

Status Paid

Payment method

Authorization ID

Please don't reply to this email, if you need any help regarding this message, please contact the business directly.

Thank you, Lavender Landscape Design +1 [number redacted] www.lavenderlandscape.com | [email redacted] 602 W 22nd St, Tempe, AZ, 85282, US

Payment services brought by:

Intuit Payments Inc. 2700 Coast Avenue, Mountain View, CA 94043 Phone number 1-888-536-4801 NMLS #1098819

For more information about Intuit Payments' money transmission licenses, please visit Payment Licenses page.

Security | Privacy statement | Terms of Service

From: QuickBooks Payments ([email redacted])

To: [email redacted] Date: Tuesday, July 4, 2023 at 01:25 PM MST

Manage payment

You paid $648.93 to Lavender Landscape Design on 07/04/2023

Payment details Invoice no. 2573

Invoice amount $648.93

Total amount $648.93

No additional transfer fees or taxes apply.

Status Paid

Payment method

Authorization ID

Please don't reply to this email, if you need any help regarding this message, please contact the business directly.

Thank you, Lavender Landscape Design +1 [number redacted] www.lavenderlandscape.com | [email redacted] 602 W 22nd St, Tempe, AZ, 85282, US

Payment services brought by:

Intuit Payments Inc. 2700 Coast Avenue, Mountain View, CA 94043 Phone number 1-888-536-4801 NMLS #1098819

For more information about Intuit Payments' money transmission licenses, please visit Payment Licenses page.

Security | Privacy statement | Terms of Service

Armstrong-Arikat / Lavender Landscape Design AGREEMENT REGARDING REMAINING SCOPES OF WORK

This agreement is entered upon the last date of execution below between Lavender Landscape Design (“Lavender”) and Samira Arikat and Brian Armstrong (“Owners”), collectively referred to hereinafter as the “Parties.” RECITALS A. Whereas the Parties seek to reach agreement on the remaining scopes of work to be completed for the construction project that has been ongoing at the Owners’ residence located at 28820 N. 71st St., Scottsdale, AZ 85266 (“Property”); B. Whereas the Parties executed a Memorandum of Understanding on November 17, 2023 to document the intent to complete certain scopes of work by November 30, 2023 and to meet at the Property to further discuss the same; C. Whereas the Parties met on the Property on November 22, 2023, in accordance with the Memorandum of Understanding; D. Whereas the Parties document here their agreements reached at the November 22 meeting specific to the remaining items to be performed in order to reach final completion of the project. TERMS The Parties agree that the above Recitals and the above-referenced Memorandum of Understanding are incorporated herein, and the Parties further agree to the following as the remaining scopes of work to reach final completion of the project: I. West Fire/Water Feature a. Scuppers. All three scuppers will be lowered approximately 6 inches to match the same height of scuppers on the main courtyard fountain. Pursuant to measurements taken on November 22, the bottom of the scupper on the main courtyard fountain is 6 inches from the top cap. b. Lighting. One light will be installed above each of the three scuppers and immediately under the top cap to match the same lighting on the main courtyard fountain. DocuSign Envelope ID: 324FA0FE-EEE9-4299-A0CB-D81EFBFD7D58

c. Pump. The pump will be located outside of fountain, on the ground in the nook area on the NW backside of the feature in the gravel. The pump will be placed within an enclosed pump housing. d. Valve. The valve will be moved from inside the fountain to an immediately adjacent location outside of the fountain and in close proximity to the pump. e. Gas Line. The Gas line located near the transition on the central portion of the feature, which is the area discussed below, will be adjusted/repositioned in order to be encased within the mason block that will consist of the divider between the fire basin and water Basin III. f. Transition. Lavender will reduce the height of a triangular wedge (triangular prism shaped) located at the junction of the fire basin and water Basis III, which is the lower water basis on the north end of the feature, so that the wedge is the same height of northern and eastern walls around water Basin III. For clarification purposes, as identified in the original CAD, the water basins are referred to as Basin I (southern water basin), Basin II (northern upper level water basin), and Basin III (northern lower level water basin). g. Redesign CAD. The Owners agree to Lavender’s redesigned CAD proposal, on the condition precedent that it is updated to reflect the above changes regarding (1) that the pump, pump housing, and valve(s) will be moved to the backside of the feature, (2) all three scuppers will be lowered 6” (same as in main courtyard), (3) only one light will be installed above each scupper, and (4) the transition change between the fire basin and water basin III. An updated redesign CAD, reflecting the changes specified in this subsection, will be provided to Owners by November 29, 2023. The Owners agree to accept the dimensions of the feature as currently built, except for the changes explained above and to be detailed in the redesigned CAD proposal. II. Main Courtyard Fountain a. Scuppers. The western-facing scupper water flow will be corrected once the fountain has been turned back on to ensure water flowing from the scupper is consistent with the even flow of the other three scuppers on the fountain.

DocuSign Envelope ID: 324FA0FE-EEE9-4299-A0CB-D81EFBFD7D58

b. Tiling. Tiling (for both the main courtyard fountain and western feature) will be performed by Lavender’s new installer subcontractor who is well qualified to perform such installations. c. Gas Connection. Lavender will confirm when it has a final green tag for gas line connection and notify Owners of that tag number; Owners understand that, once the final green tag is confirmed, they must call Southwest Gas to turn on the gas service and that Lavender cannot and will not be required to do so on behalf of the owners. d. Drain. Owners are aware that the main courtyard fountain can be drained by connecting a hose to the hose bib located within the pump/valve basin, and as a compromise have agreed to forego installation of a separate fountain drain as indicated in the current plans. e. Pump/Valve Location. i. Lavender is to reinstall the main courtyard pump into its most recent location and leave the valves in place, and create a custom cover system that is more aesthetically pleasing to address Owners’ concerns, consisting of an approximately 5” wide grate (to allow water flow) and the remainder of the cover consisting of a metal material covered in tile matching the tiling within the fountain. Lavender will measure and plan the custom metal cover in an effort to ensure that whole tiles are used for the cover, thus avoiding partially cut tiling to the extent possible. In the event that cutting tiling cannot be avoided due to the dimension of the area to be covered, Lavender will take efforts to minimize the number of tiles cut, minimize the extent to which they are cut, and cut tiles on the end of the cover rather than the middle. ii. Lavender provided Owners a video of an example custom metal cover, which the Owners watched and approved in regard to Lavender’s custom metal cover proposal. III. Electrical a. Outdoor GFCIs.

DocuSign Envelope ID: 324FA0FE-EEE9-4299-A0CB-D81EFBFD7D58

i. Lavender will replace the existing wooden posts with metal rigid conduit and wrapped in 20 mil PVC. ii. Lavender will paint the PVC the same or very similar color as the house stucco. b. Lights. i. Electrician to be onsite on 11/28, including after 1:00 pm to coordinate with homeowner on WiFi connections and adjusting timers for lighting. ii. Lavender will have all lights around house and in front yard working and on a scheduled timer. Lights around the house have all been on continuously (never turning off). Lights in the front yard have not been turning on. iii. Lavender will confirm the number of lights installed, and if that number is less than indicated in the plans, Lavender will issue the applicable credit for the lights not installed. The parties agree that additional lights do not need to be and will not be installed and that no lights need to be removed. IV. Miscellaneous Items a. Front Walkway Planter (located directly south of the main entrance). Lavender will finish adding stone veneer to the lower portion of the SE portion of the planter to cover masonry above gravel line, and to 2” of missing stone veneer in the southeast corner of the main courtyard fountain (Lavender superintendent Matt took a picture of this near the end of his time at the property on November 22, 2023). b. Polymeric Sand. Polymeric sand was in process of being added to the travertine flooring on November 22, 2023 and will be subject to final review with Owners. c. Irrigation/Drip Lines. Lavender has performed a moisture check to ensure water emitted from all emitters on the drip lines, and Lavender will ensure all are working properly. d. Rock delivery. The gravel rock, as specified in the MOU, will be delivered at entrance of NAOS within the dirt area (not on the driveway or pavers on edge of driveway). Owners are aware of potential damages to driveway and pavers along edge of driveway that can result from the heavy delivery truck driving on said material, and approve of the delivery truck driving on to property to deliver such

DocuSign Envelope ID: 324FA0FE-EEE9-4299-A0CB-D81EFBFD7D58

rock in the entrance of NAOS. Lavender is not responsible for damage to driveway or pavers resulting from the weight of the delivery truck. Lavender is aware of existing damaged pavers, consisting of one cracked paver and one displaced paver, as previously documented by Owners in prior ROC complaint. e. Blue Pot. Parties agree Lavender will check for availability from AZ Plant Stand and either provide one replacement pot or, if no longer available, a credit for the value of the pot. f. Main Courtyard Flooring. Parties agree that Lavender will adjust travertine flooring near the courtyard’s SE corner pillar to straighten the drain box and ensure flooring is level. g. Daily Progress Confirmation for Remaining Work. One or more Lavender representatives having supervisory authority for the project will visit the site each day that work is performed to confirm progress of all remaining work. V. Final Completion of all Remaining Work. The Parties hereby agree that all remaining work stated in the agreement shall be completed within 14 calendar day of Owners’ written approval of Lavender’s redesigned CAD proposal, with the exception that the custom cover system referenced under Subsection II(e)(i) requires custom fabrication from a third-party welder and may require reasonable additional time to complete. Lavender will provide an update on the anticipated delivery time of the custom cover system.

Lavender and the Owners have duly executed this Agreement to be effective as of the day and year of the last signature written below.

11/29/2023

________________________________ ________________________________ Date Date

________________________________ ________________________________ Haley Tew Samira Arikat, Owner Lavender Landscape Design ________________________________ Brian Armstrong, Owner

6/13/24, 10:11 AM State of Arizona Mail - Written Answer to Citation and Complaint Case No. 2024-00973

Answers - AZROC <[email redacted]>

Written Answer to Citation and Complaint Case No. 2024-00973 message

Bill Terborg <[email redacted]> Thu, Jun 13, 2024 at 10:02 AM To: [email redacted] Cc: Tyler Tew <[email redacted]>, Davey Trujillo <[email redacted]>

To whom it may concern;

Lavender Landscape is requesting an administrative hearing in regards to the charges filed in this complaint no 2024- 00973.

Lavender Landscape Design Co would dispute these charges on the basis that the as-built records were made to document the project's progress and any modifications made during construction to reflect the actual conditions on-site.

Lavender Landscape Design Co would argue that any discrepancies between the original plans or specifications and the as-built records were necessary adaptations to ensure the successful completion of the project. Changes to a pump location on a water feature were required due to the inability to verify covered plumbing within the structure. Therefore, they would contend that the deviations documented in the as-built records were not prejudicial but rather essential for delivering a satisfactory outcome in line with the client's expectations and project requirements.

Lavender Landscape Design Co would provide evidence of their expertise, such as their qualifications, certifications, and previous successful projects, to demonstrate their professionalism and competence in landscape design and construction.

They would also emphasize their adherence to best practices, quality control measures, and safety protocols to ensure that all work is completed to the highest standards. This includes using skilled labor, appropriate materials, and proper techniques to achieve the desired outcomes efficiently and effectively.

Furthermore, Lavender Landscape Design Co would address any specific concerns raised regarding the quality of their workmanship by providing explanations or remedies for any perceived deficiencies. They would express a willingness to address any issues and make necessary corrections to ensure client satisfaction and uphold their reputation for excellence.

In summary, Lavender Landscape Design Co. would refute the allegation by highlighting its track record of professionalism, expertise, and commitment to delivering work of the highest quality per industry standards and client expectations.

Thanks,

Bill Terborg Senior Construction Manager Lavender Landscape Design Co. (480) 382-0227 [email redacted]

https://mail.google.com/mail/b/AEoRXRRDNO6JxTk3aTNf9bHWZozHeTynz6gpUO2K93RtrpbA0I-T/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 1/2 6/13/24, 10:11 AM State of Arizona Mail - Written Answer to Citation and Complaint Case No. 2024-00973

https://mail.google.com/mail/b/AEoRXRRDNO6JxTk3aTNf9bHWZozHeTynz6gpUO2K93RtrpbA0I-T/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 2/2 Mediation Notice

Mediation Services Mediation services are available to the parties. What is Mediation? Mediation is a method of resolving disputes where the parties can end conflict without the expense and time associated with the full administrative process. Who Participates in During mediation, a mediator will attempt to help the Mediation? parties find an optimal solution to the conflict. Both parties must agree to participate in mediation, and both parties must bring a representative to mediation that has full authority to settle the entire matter. Mediation Is Not Neither the Registrar nor the Office of Administrative Mandatory Hearings will penalize a party for not agreeing to mediation. Where do the Parties The parties will meet at the Office of Administrative Meet for Mediation? Hearings to participate in mediation.

The Office of Administrative Hearings is located at 1400 West Washington, Suite 101, Phoenix, Arizona 85007. When does Mediation can occur after the Registrar issues a citation, but Mediation Occur? before the administrative hearing. Why Should Parties Mediation can be an alternative to the full administrative Consider Mediation? process. Mediation is beneficial because it is (1) time- efficient, (2) cost-effective, (3) confidential, and (4) capable of providing flexible solutions to complex problems. How to Request If the parties wish to mediate this case, they must file a Joint Mediation Request for Mediation with the Office of Administrative Hearings. A Joint Request for Mediation is included with this Mediation Notice. REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA _________________________ Case No. _______________ COMPLAINANT,

v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.

REQUEST

The parties jointly request that this matter be referred to mediation in the Office of Administrative Hearings (OAH). ☐ This matter is set for hearing on __________________(date). ☐ This matter is not currently set for hearing. MEDIATION AGREEMENT By requesting this mediation and signing below, the parties understand, represent, and agree: 1. The parties are prepared to commence mediation and will be ready for mediation on _____________________(date); 2. The parties will participate in the mediation process in good faith; 3. This request for mediation is not intended to hinder or delay administrative proceedings; 4. No party will contend that the mediation limits the power of OAH and its administrative law judges to conduct an administrative hearing and issue decisions under A.R.S. §§ 41-1092 – 1092.12; 5. The parties will be courteous and respectful throughout the mediation process to all participants; 6. The mediation is completely voluntary and the principal purpose is to allow the parties a full and fair opportunity to discuss settlement; of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 7. The mediator may conduct joint and separate meetings with the parties and may suggest resolutions to the parties’ dispute, but the mediator has no authority to impose a settlement upon the parties; 8. The mediation process is confidential. Communications made, material created for or used during, and acts occurring during mediation are confidential and may not be discovered or admitted into evidence in any proceeding except as provided by A.R.S. § 12-2238; 9. The mediator is not subject to service of process or a subpoena to produce evidence or to testify regarding any evidence or occurrence relating to the mediation except as provided in A.R.S. § 12-2238(C); 10. Neither the mediator, nor the Registrar of Contractors, nor the Office of Administrative Hearings is subject to civil liability for any act or omission in connection with any mediation service or activity except for acts involving

intentional misconduct or reckless disregard of a substantial risk of injury to the rights of others; 11. Throughout the mediation process, each party must have a representative present who will have full settlement authority to settle all claims at issue in the administrative

proceeding. 12. The mediation process will terminate when: a. The parties reach settlement; b. The mediator determines that further efforts at mediation are no longer likely

to achieve a settlement; or c. One of the parties withdraws from mediation. _____________________________________ _______________________ Complainant (or representative) Date

_____________________________________ _______________________ Respondent (or representative) Date

of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 PREHEARING DISCLOSURE STATEMENT INSTRUCTIONS ***DO NOT SUBMIT THESE INSTRUCTIONS WITH THE PREHEARING DISCLOSURE FORM***

ADMINISTRATIVE RULES A copy of the Arizona Administrative Code’s Rules for the Registrar of Contractors can be located on the Registrar’s Website.

PREHEARING DISCLOSURE REQUIREMENT Under A.A.C. R4-9-118(A), before a hearing, the parties must prepare a disclosure statement. The disclosure statement must contain: • A list of all the witnesses the party will call to testify, including the witnesses’ contact information and a brief description of the subject matter of the witnesses’ expected testimony; and • A list of all the exhibits that the party will use at the hearing.

FILE PREHEARING DISCLOSURE STATEMENTS • The Prehearing Disclosure Statements and Exhibits may be submitted to the Arizona Office of Administrative Hearings using any of the following: • Electronically: https://portal.azoah.com/submission/ • In-Person or by Mail: 1740 West Adams Street, Lower Level, Phoenix, Arizona 85007

EXCHANGING DISCLOSURE STATEMENTS AND EXHIBITS Under A.A.C. R4-9-118(B) (effective November 5, 2017), a party to the hearing must serve on every other party and file with the Office of Administrative Hearings a copy of: • The disclosure statement; and, • Any exhibit that the party will use at the hearing. Service: The disclosure statement and exhibits must be served on all parties in accordance with Arizona Administrative Code R2-19-108 Filing Documents. Under A.A.C. R2-19-108, service is completed by: • Personal delivery; • 1st class, certified or express mail; or • Facsimile. Timing: The disclosure statement and the exhibits must be served and filed not less than seven calendar days before the date of the hearing. Under A.A.C. R2-19-108, a document is served on a party: • On the date it is personally served; • Five days after it is mailed by express or 1st class mail; • On the date of the return receipt if it is mailed by certified mail; or • On the date indicated on the facsimile transmission.

CONSEQUENCES FOR FAILING TO DISCLOSE Under A.A.C. R4-9-108(C), if a witness or an exhibit is not timely disclosed as required the rules, and good cause for the failure to disclose is not shown, then the administrative law judge may: • Order that certain witnesses or exhibits not be used at the hearing; • Order that a particular fact is or is not established for the record; or, • Order that a charge, a defense, a claim, or some portion thereof, be dismissed.

Form RC-L-800A Prehearing Disclosure Statement Rev. 10/08/2019 Instructions Form PREHEARING DISCLOSURE STATEMENT FORM RC-L-800A

PART 1: WITNESS LIST DOCKET NO. Under A.A.C. R4-9-118(A), before a hearing, a party must prepare a disclosure statement containing a list of all the witnesses the party will call to testify, including the witnesses’ contact information and a brief description of the subject matter of the witnesses’ expected testimony. If you need additional space to list all witnesses, complete and attach additional Witness Lists. Example 1. Name 2. Telephone Number 3. Email Address

John Doe (123) 456-7890 [email redacted] 4. Subject Matter of Expected Testimony

John Doe will testify regarding the poor workmanship and poor installation of the Garage Door. Mr. Doe will also testify regarding the invoices and change orders for the project.

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 1 of 3 PART 2: EXHIBIT LIST DOCKET NO. Under A.A.C. R4-9-118(A), before a hearing, a party must prepare a disclosure statement containing a list of all the exhibits that the party will use at the hearing. Note: All exhibits listed below must be provided to all parties to the hearing. See A.A.C. R4-9-118(B). If you need additional space to list all witnesses, complete and attach additional Exhibit Lists. Example Contract for new garage door. Invoice #10001 – Cost for garage door replacement.

Exhibit Exhibit Name

Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 2 of 3 PART 3: ACKNOWLEDGEMENT & SIGNATURE I certify that the above information is true and correct and that I will serve a copy of this disclosure statement and any exhibits listed in Part 2 to all parties to the hearing in accordance with A.A.C. R4-9-118. I acknowledge and understand that if I fail to properly disclose a witness or exhibit, the administrative law judge may: • Order that certain witnesses or exhibits not be used at the hearing; • Order that a particular fact is or is not established for the record; or, • Order that a charge, a defense, a claim, or some portion thereof, be dismissed.

I am the (check one):  Complainant  Respondent Docket No.

Print Name Signature Date

Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 3 of 3