2024A-01161-CHC-ROC Notice of Hearing & Packet MAILED 2024-01161.pdf

2024A-01161-CHC-ROC · Registrar of Contractors · 2024-05-30

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Craig P Barton , Case No. 2024-01161

COMPLAINANT, Docket No. 2024A-01161-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Anchor Home Renovation LLC License No. ROC 329763 and 319452

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

July 8, 2024 9:00 AM 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 April 30, 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)(2)(b)

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

Charge: 4 A.R.S. § 32-1154(A)(3) - R4-9-108(b) Charge: 5 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 May 30, 2024. By: /s/ Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors

Copy mailed via USPS First Class mail May 30, 2024 to: Respondent(s) Anchor Home Renovation LLC 2525 W Cyprus St #1 Phoenix, AZ 85009 Respondent's Attorney Megan N. Schandle, Esq. 6730 N Scottsdale Rd Scottsdale, AZ 85253

Complainant(s) Craig P Barton 7959 N Thornydale Rd, 91589 Tucson, AZ 85752

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

Case No. 2024-01161 /

Katie Hobbs, Governor Martin Quezada, Director

Hearing Packet FAQ What is the Hearing Packet?

The Hearing Packet is a packet of certain documents collected or issued by the Registrar over the course of its investigation.

Who gets the Hearing Packet?

The Hearing Packet is assembled and distributed to all parties and to the Office of Administrative Hearings (“OAH”) prior to an administrative hearing.

What types of cases does the Registrar prepare a Hearing Packet for?

The Registrar prepares a Hearing Packet for Complainant-Handled Cases and No-Pay Cases. Note: If the Docket Number on the Notice of Hearing contains a “CHC” or “NPC”, your case is a Complainant-Handled Case or a No-Pay Case.

What is in the Hearing Packet?

The Hearing Packet contains essential case-specific documents and at a minimum will include the following documents:

● Original complaint;

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

Katie Hobbs, Governor Martin Quezada, Director

● Citation; and ● Answer.

The Hearing Packet will also contain the following documents (if applicable):

● Jobsite inspection notices, notes, and photos; ● Written directives; and ● Compliance inspection notices, notes, and photos.

What if there are documents missing from the Hearing Packet?

If there is any evidence you submitted to the Registrar that are not included in the Hearing Packet it is your responsibility to introduce that evidence at the administrative hearing. Note: The administrative law judge assigned to your case does not have access to the entire Registrar record.

If there is additional evidence you submitted to the Registrar during the investigation that you also want to introduce as evidence during your hearing, it is your responsibility to:

● Properly disclose that evidence to the other party; and ● Introduce the evidence during your hearing.

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

Katie Hobbs, Governor Martin Quezada, Director

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

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

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

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

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

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

Complainant: Craig P Barton 7959 N Thornydale Rd, 91589 Tucson, AZ 85752

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Respondent: Anchor Home Renovation LLC 2525 W Cyprus St #1 Phoenix, AZ 85009

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 March 22, 2024

License No. ROC 329763

Re:Complaint No. 2024-01161

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 Tuesday, April 9, 2024.

RESTRICTIONS  You may not perform or hire other contractors to perform work that is outside the scope of your license.  If your license is currently suspended for administrative reasons1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.

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

Compliance Item #1: Drywall work not completed and poor quality

Investigator’s Observation: Verified

Both parties agreed that the scope of work for drywall was to repair existing damaged areas only.

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 04/21 Both parties agreed there was a verbal agreement to apply a skip trowel finish on all interior drywall.

I saw multiple locations where the drywall repairs were incomplete. The locations had rough finishes or were still in process.

I also saw that the interior drywall finish was not a skip trowel finish. It did not appear that the Respondent had started applying the skip trowel finish.

I reviewed the contract and noted that it called for, “Texture walls throughout and repair existing, finish garage and addition.” (page 5)

The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.

Reference Picture(s) 2-9

Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R 4-9-108(a): A contractor shall perform work in a professional and workmanlike manner.

Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R4-9-108(B); in part, A contractor shall perform all work in accordance with any applicable building codes and professional industry standards…a contractor shall use such skills, prudence, and diligence in performing and completing tasks…

Compliance Item #2: Interior paint not completed and poor quality

Investigator’s Observation: Verified

Both parties agreed that the Respondent had not painted the interior as required by the contract.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 I saw that the interior did not appear to have been recently painted. I reviewed the contract and noted that it called for the Respondent to paint the entire interior.

The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.

Reference Picture(s) 2-10

Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R 4-9-108(a): A contractor shall perform work in a professional and workmanlike manner.

Compliance Item #3: Water Line not run to fridge

Investigator’s Observation: Verified

I saw that there was not water line for the refrigerator. Both parties agreed the contract did not specify that the Respondent was to install a water line in that location; however, there was a verbal agreement to install the refrigerator water line.

The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.

Reference Picture(s) 11

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R 4-9-108(a): A contractor shall perform work in a professional and workmanlike manner.

Governing Rule: A.R.S. § 32-1154(A)(2) Departure from or disregard of (a) Plans or specifications in any material respect that is prejudicial to another without consent of the owner…

Compliance Item #4: Kitchen cabinets and trim poorly installed must be removed and reinstalled properly

Investigator’s Observation: Verified

I saw that the cabinet face frames were not aligned with the adjacent filler pieces and/or face frames, causing a lippage effect from section to section. I also noted that there some cabinets were not even with each other on the lower edge (P19- 20). I was able to use a plastic card (1/32”) to slide along each area and noted that the card was stopped by the adjacent piece.

The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.

Reference Picture(s) 12-24

Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R 4-9-108(a): A contractor shall perform 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 04/21 Compliance Item #5: 10 kitchen cabinets not installed

Investigator’s Observation: Verified

I saw that the lower cabinets were not installed.

The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.

Reference Picture(s) 25-26

Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R 4-9-108(a): A contractor shall perform work in a professional and workmanlike manner.

Compliance Item #6: Electrical lighting, switches and outlets wiring not complete and not in proper locations

Investigator’s Observation: Verified

The Complainant explained that along with not being complete, the kitchen electric was not done to code, specifically, the height of the kitchen countertop outlets was different and there were not enough outlets.

I saw that the electrical was not complete throughout the house. In many locations there were unprotected wires protruding from electrical boxes. In one location, I saw electrical wires protruding from the wall and noted they were not contained

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 within an electrical box as required by (P31-32) the International Residential Code (IRC); Chapter 39.

In the kitchen I saw there were only two outlets and that the heights of each one were different. I also noted that the number of outlets was not compliant with International Residential Code (IRC); Chapter 39.

The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.

Reference Picture(s) 27-34

Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R 4-9-108(a): A contractor shall perform work in a professional and workmanlike manner.

Governing Rule: A.R.S. § 32-1154 (A)(2)(b): Departure from or disregard of: (b) A building code.

Compliance Item #7: Kitchen pony wall for peninsula not proper height

Investigator’s Observation: Verified

Both parties agreed that the contract does not include creating bar seating at the kitchen countertops; however, there was a verbal agreement to include that.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 The Respondent stated that the current pony wall is too tall for the bar seating countertop and they [Respondent] had planned on shortening the wall to accommodate bar seating.

I saw that the current pony wall configuration would not support a single countertop extending from the kitchen countertop to include seamless bar seating as described by each party.

Although this specific feature is not mentioned in the contract, the Respondent’s intention to shorten the wall and confirmation of a verbal agreement indicates that the plan was to include this feature.

The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.

Reference Picture(s) 3536

Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R 4-9-108(a): A contractor shall perform work in a professional and workmanlike manner. Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R4-9-108(B); in part, A contractor shall perform all work in accordance with any applicable building codes and professional industry standards…a contractor shall use such skills, prudence, and diligence in performing and completing tasks…

Governing Rule: A.R.S. § 32-1154(A)(2) Departure from or disregard of (a) Plans or specifications in any material respect that is prejudicial to another without consent of the owner…

Compliance Item #8: Laminate flooring not completely installed, installed flooring damaged and not installed properly

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Investigator’s Observation: Verified

Both parties agreed the flooring installation is not complete.

I inspected the areas pointed out by the Complainant and noted that flooring was not complete. I also noted multiple locations throughout the completed flooring where the end joints were ‘peaking’, indicating they had been over-driven when installed. I also saw excessive gaps between planks throughout the house. I also noted that there were multiple locations where there was independent vertical deflection between adjacent planks, indicating the locking tab was broken. This issue is indicative of inappropriate installation.

The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.

Reference Picture(s) 37-44

Compliance Item #9: Baseboard and door trim not installed

Investigator’s Observation: Verified

Both parties agreed that the baseboards and door trims have not been installed.

I saw that the baseboards and door trims have not been installed.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.

Reference Picture(s) 3-4, 38, 41, 44-47

Compliance Item #10: 3 interior doors removed and not reinstalled

Investigator’s Observation: Verified

Both parties agreed that three doors had not been installed.

I saw that there were three doors that had not been installed.

The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.

Reference Picture(s) 45-47

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 professional industry standards…a contractor shall use such skills, prudence, and diligence in performing and completing tasks…

Compliance Item #11: 2 Bathroom windows not replaced

Investigator’s Observation: Verified

Both parties agreed that the two bathroom windows had not been replaced.

The Respondent stated that there had been many changes in the window sizes since the project started and agrees the current pre-existing windows need to be replaced.

I saw there were two bathroom windows that did not appear to have been replaced.

The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.

Reference Picture(s) 48

Compliance Item #12: Tile backer board in guest bath installed improperly, requires replacement

Investigator’s Observation: Verified

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 The Complainant stated that the bottom section of all three walls of the tub surround was not flat.

I used a 4 foot level to measure the flatness of the tub surround backer board. I noted that the back wall was not flat and there was a ½ inch variance. I noted that the fixture wall was not flat and there was a ¼ inch variance. The third wall was also not flat. I saw that the lower section, closest to the tub, was obviously not flat and that it would not support a workmanlike installation of tile.

The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.

Reference Picture(s) 49-56

Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R 4-9-108(a): A contractor shall perform work in a professional and workmanlike manner.

Compliance Item #13: Wall and Shower floor tile incomplete in both bathrooms

Investigator’s Observation: Verified

I saw that the bathrooms were not complete, missing floor tile and wall tile.

The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.

Reference Picture(s) 57-59

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 professional industry standards…a contractor shall use such skills, prudence, and diligence in performing and completing tasks…

Compliance Item #14: Utility room not complete. Electrical, flooring, etc.

Investigator’s Observation: Verified

I saw the utility room was still studs only with no finished surfaces complete.

The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.

Reference Picture(s) 60

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:

Compliance Item #15: Patio cover not removed and rebuilt.

Investigator’s Observation: Not Verified – Modified by Another

The Complainant explained they hired another contractor to complete that portion of the project.

No further action is required.

Reference Picture(s) 61

Governing Rule: N/A

Compliance Item #16: *Kitchen – Install granite countertops, backsplash, under mount sink, Faucet, garbage disposal, LED lights over sink with separate switch, paint, kitchen cabinet hardware.

Investigator’s Observation: DUPLICATE Complaint Item

Compliance Item #17: *Bathroom 1 – Install toilets, Vanities. Granite countertops, square under mount sinks, faucet, mirror accessories over mirror, floor, lighting, shower valve kit, tub filler and shower head.

Investigator’s Observation: DUPLICATE Complaint Item

Compliance Item #18: *Bathroom 1 – Install toilets, Vanities. Granite countertops, square under mount sinks, faucet, mirror accessories over mirror, floor, lighting, shower valve kit, tub filler and shower head.

Investigator’s Observation: DUPLICATE Complaint Item

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Compliance Item #19: *Bedrooms – Install ceiling fans

Investigator’s Observation: Combined with Compliance Item #6

See Compliance Item #6

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

Sincerely,

Mark Nipp Mark Nipp, Investigator 602 7716740 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

CC: Complainant Respondent

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complainant: Craig P Barton 7959 N Thornydale Rd, 91589 Tucson, AZ 85752

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: Anchor Home Renovation LLC 2525 W Cyprus St #1 Phoenix, AZ 85009

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 20, 2024

Re: Complaint No. 2024-01161

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for Wednesday, March 13, 2024 at 09:30 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

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

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

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

Mark Nipp Mark Nipp, Investigator 602 7716740 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

Cc: File Complainant Respondent

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 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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 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: Craig P Barton 7959 N Thornydale Rd, 91589 Tucson, AZ 85752

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: Anchor Home Renovation LLC 2525 W Cyprus St #1 Phoenix, AZ 85009

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 27, 2024

Re: Complaint No. 2024-01161

Dear Complainant and Respondent:

After the initial filing of the complaint 2024-01161, the Complainant filed the attached amended complaint containing additional complaint items.

A jobsite inspection is scheduled for Tuesday, March 13, 2024 at 9:30 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

COMPLAINANT: 1. Under A.R.S. § 32-1155(D)(1), the Respondent must be allowed, upon request, the opportunity to inspect the 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,

Mark Nipp Mark Nipp, Investigator 602 7716740 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

Cc: File Complainant Respondent

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 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)

Craig P Barton Mailing Address (Enter jobsite in Contract/Project section) City State Zip

7959 N Thornydale Rd, 91589 Tucson Arizona 85752 Phone Number Email

520-465-4662 [email redacted] I consent to receive communications electronically in connection with this case Name of Attorney (if any)

Street Address of Attorney City State Zip

Phone Number of Attorney Email of Attorney

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

Anchor Home Renovation LLC ROC 329763 Street Address City State Zip

2525 W Cyprus St #1 Phoenix AZ 85009 Phone Number Email

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

Jose and Mitchell Palacio Contract/Project Information Contract Date Contract Amount Amount Paid

January 5, 2023 $115,997.50 $30,000.00 Date Work Started Date Work Stopped Date Work Was Completed

March 20, 2023 April 2, 2023 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

7007 E Monte Vista Rd Scottsdale AZ 85257 Name of Construction Site Owner Construction Site Name (if applicable)

Pima Indians LLC Craig Barton Phone Number of Construction Site Owner Email of Construction Site Owner

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

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

Has any work been corrected? No

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

A building permit was obtained by Contractor 298653 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)

Original complaint was received in narrative format. The following itemized list was provided by the Complainant: 1) Drywall work not completed and poor quality 2) Interior paint not completed and poor quality 3) Water Line not run to fridge 4) Kitchen cabinets and trim poorly installed must be removed and reinstalled properly 5) 10 kitchen cabinets not installed 6) Electrical lighting, switches and outlets wiring not complete and not in proper locations 7) Kitchen pony wall for peninsula not proper height 8) Laminate flooring not completely installed, installed flooring damaged and not installed properly 9) Baseboard and door trim not installed 10) 3 interior doors removed and not reinstalled 11) 2 Bathroom windows not replaced 12) Tile backer board in guest bath installed improperly, requires replacement 13) Wall and Shower floor tile incomplete in both bathrooms 14) Utility room not complete. Electrical, flooring, etc. 15) Patio cover not removed and rebuilt.

Additional items received via email on 02826/2024: 16) Kitchen – Install granite countertops, backsplash, under mount sink, Faucet, garbage disposal, LED lights over sink with separate switch, paint, kitchen cabinet hardware. 17) Bathroom 1 – Install toilets, Vanities. Granite countertops, square under mount sinks, faucet, mirror accessories over mirror, floor, lighting, shower valve kit, tub filler and shower head. 18) Bathroom 1 – Install toilets, Vanities. Granite countertops, square under mount sinks, faucet, mirror accessories over mirror, floor, lighting, shower valve kit, tub filler and shower head. 19) Bedrooms – Install ceiling fans

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

Craig P Barton

RCC099 12/05/18 Page 2 of 2 Jobsite Inspection Notes

Case No.: 2024-01161 Investigator: Mark Nipp Inspection Date: 3/13/2024 Inspection Time: 9:30 AM

Complainant: Respondent: Craig P. Barton Anchor Home Renovation LLC Not Present: ☐ Present at Jobsite Inspection: Mitchell Palacio Not Present: ☐

Jobsite General Notes: The Respondent stated that they had not had access to the property since 2-weeks prior to thanksgiving 2023 because the lock box code had changed and they could not get in. the Respondent claims that any incomplete work is a result of the Complainant denying them access to the property.

The Complainant disagreed and stated that he didn’t change the lock box code until February 2024 and that the Respondent could have had access if they had called him. The Complainant stated that project management changed mid-project and once that happened, communications from the Respondent stopped.

Both parties agreed that they had a good working relationship prior.

Compliance Item #1: Drywall work not completed and poor quality

Investigator’s Observation: Verified

Both parties agreed that the scope of work for drywall was to repair existing damaged areas only.

Both parties agreed there was a verbal agreement to apply a skip trowel finish on all interior drywall.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19

I saw multiple locations where the drywall repairs were incomplete. The locations had rough finishes or were still in process.

I also saw that the interior drywall finish was not a skip trowel finish. It did not appear that the Respondent had started applying the skip trowel finish.

I reviewed the contract and noted that it called for, “Texture walls throughout and repair existing, finish garage and addition.” (page 5)

The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.

Reference Picture(s) 2-9

Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R 4-9-108(a): A contractor shall perform work in a professional and workmanlike manner.

Compliance Item #2: Interior paint not completed and poor quality

Investigator’s Observation: Verified

Both parties agreed that the Respondent had not painted the interior as required by the contract.

I saw that the interior did not appear to have been recently painted. I reviewed the contract and noted that it called for the Respondent to paint the entire interior.

The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.

Reference Picture(s) 2-10

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19

Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R 4-9-108(a): A contractor shall perform work in a professional and workmanlike manner.

Compliance Item #3: Water Line not run to fridge

Investigator’s Observation: Verified

The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.

Reference Picture(s) 11

Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R 4-9-108(a): A contractor shall perform 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 RCC100 08/19

Governing Rule: A.R.S. § 32-1154(A)(2) Departure from or disregard of (a) Plans or specifications in any material respect that is prejudicial to another without consent of the owner…

Compliance Item #4: Kitchen cabinets and trim poorly installed must be removed and reinstalled properly

Investigator’s Observation: Verified

The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.

Reference Picture(s) 12-24

Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R 4-9-108(a): A contractor shall perform work in a professional and workmanlike manner.

Compliance Item #5: 10 kitchen cabinets not installed

Investigator’s Observation: Verified

I saw that the lower cabinets were not installed.

The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.

Reference Picture(s) 25-26

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19

Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R 4-9-108(a): A contractor shall perform work in a professional and workmanlike manner.

Compliance Item #6: Electrical lighting, switches and outlets wiring not complete and not in proper locations

Investigator’s Observation: Verified

The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.

Reference Picture(s) 27-34

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19

Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R 4-9-108(a): A contractor shall perform work in a professional and workmanlike manner.

Governing Rule: A.R.S. § 32-1154 (A)(2)(b): Departure from or disregard of: (b) A building code.

Compliance Item #7: Kitchen pony wall for peninsula not proper height

Investigator’s Observation: Verified

Both parties agreed that the contract does not include creating bar seating at the kitchen countertops; however, there was a verbal agreement to include that.

The Respondent stated that the current pony wall is too tall for the bar seating countertop and they [Respondent] had planned on shortening the wall to accommodate bar seating.

I saw that the current pony wall configuration would not support a single countertop extending from the kitchen countertop to include seamless bar seating as described by each party.

The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.

Reference Picture(s) 3536

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19

Governing Rule: A.R.S. § 32-1154(A)(2) Departure from or disregard of (a) Plans or specifications in any material respect that is prejudicial to another without consent of the owner…

Compliance Item #8: Laminate flooring not completely installed, installed flooring damaged and not installed properly

Investigator’s Observation: Verified

Both parties agreed the flooring installation is not complete.

The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.

Reference Picture(s) 37-44

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19

Compliance Item #9: Baseboard and door trim not installed

Investigator’s Observation: Verified

Both parties agreed that the baseboards and door trims have not been installed.

I saw that the baseboards and door trims have not been installed.

The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.

Reference Picture(s) 3-4, 38, 41, 44-47

Compliance Item #10: 3 interior doors removed and not reinstalled

Investigator’s Observation: Verified

Both parties agreed that three doors had not been installed.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19

I saw that there were three doors that had not been installed.

The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.

Reference Picture(s) 45-47

Compliance Item #11: 2 Bathroom windows not replaced

Investigator’s Observation: Verified

Both parties agreed that the two bathroom windows had not been replaced.

The Respondent stated that there had been many changes in the window sizes since the project started and agrees the current pre-existing windows need to be replaced.

I saw there were two bathroom windows that did not appear to have been replaced.

The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.

Reference Picture(s) 48

Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R 4-9-108(a): A contractor shall perform 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 RCC100 08/19

Compliance Item #12: Tile backer board in guest bath installed improperly, requires replacement

Investigator’s Observation: Verified

The Complainant stated that the bottom section of all three walls of the tub surround was not flat.

The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.

Reference Picture(s) 49-56

Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R 4-9-108(a): A contractor shall perform work in a professional and workmanlike manner.

Compliance Item #13: Wall and Shower floor tile incomplete in both bathrooms

Investigator’s Observation: Verified

I saw that the bathrooms were not complete, missing floor tile and wall tile.

The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19

Reference Picture(s) 57-59

Compliance Item #14: Utility room not complete. Electrical, flooring, etc.

Investigator’s Observation: Verified

I saw the utility room was still studs only with no finished surfaces complete.

The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.

Reference Picture(s) 60

Compliance Item #15: Patio cover not removed and rebuilt.

Investigator’s Observation: Not Verified – Modified by Another

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The Complainant explained they hired another contractor to complete that portion of the project.

No further action is required.

Reference Picture(s) 61

Governing Rule: N/A

Compliance Item #16: *Kitchen – Install granite countertops, backsplash, under mount sink, Faucet, garbage disposal, LED lights over sink with separate switch, paint, kitchen cabinet hardware.

Investigator’s Observation: DUPLICATE Complaint Item

Compliance Item #19: *Bedrooms – Install ceiling fans

Investigator’s Observation: Combined with Compliance Item #6

See Compliance Item #6

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

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Complaint #2024-01161 P 1 JSI Date 3/13/2024 at 9:30 AM JSI PHOTOS Complaint #2024-01161 P 2 JSI Date 3/13/2024 at 9:30 AM JSI PHOTOS Complaint #2024-01161 P 3 JSI Date 3/13/2024 at 9:30 AM JSI PHOTOS Complaint #2024-01161 P 4 JSI Date 3/13/2024 at 9:30 AM JSI PHOTOS Complaint #2024-01161 P 5 JSI Date 3/13/2024 at 9:30 AM JSI PHOTOS Complaint #2024-01161 P 6 JSI Date 3/13/2024 at 9:30 AM JSI PHOTOS Complaint #2024-01161 P 7 JSI Date 3/13/2024 at 9:30 AM JSI PHOTOS Complaint #2024-01161 P 8 JSI Date 3/13/2024 at 9:30 AM JSI PHOTOS Complaint #2024-01161 P 9 JSI Date 3/13/2024 at 9:30 AM JSI PHOTOS Complaint #2024-01161 P 10 JSI Date 3/13/2024 at 9:30 AM JSI PHOTOS Complaint #2024-01161 P 11 JSI Date 3/13/2024 at 9:30 AM JSI PHOTOS Complaint #2024-01161 P 12 JSI Date 3/13/2024 at 9:30 AM JSI PHOTOS Complaint #2024-01161 P 13 JSI Date 3/13/2024 at 9:30 AM JSI PHOTOS Complaint #2024-01161 P 14 JSI Date 3/13/2024 at 9:30 AM JSI PHOTOS Complaint #2024-01161 P 15 JSI Date 3/13/2024 at 9:30 AM JSI PHOTOS Complaint #2024-01161 P 16 JSI Date 3/13/2024 at 9:30 AM JSI PHOTOS Complaint #2024-01161 P 17 JSI Date 3/13/2024 at 9:30 AM JSI PHOTOS Complaint #2024-01161 P 18 JSI Date 3/13/2024 at 9:30 AM JSI PHOTOS Complaint #2024-01161 P 19 JSI Date 3/13/2024 at 9:30 AM JSI PHOTOS Complaint #2024-01161 P 20 JSI Date 3/13/2024 at 9:30 AM JSI PHOTOS Complaint #2024-01161 P 21 JSI Date 3/13/2024 at 9:30 AM JSI PHOTOS Complaint #2024-01161 P 22 JSI Date 3/13/2024 at 9:30 AM JSI PHOTOS Complaint #2024-01161 P 23 JSI Date 3/13/2024 at 9:30 AM JSI PHOTOS Complaint #2024-01161 P 24 JSI Date 3/13/2024 at 9:30 AM JSI PHOTOS Complaint #2024-01161 P 25 JSI Date 3/13/2024 at 9:30 AM JSI PHOTOS Complaint #2024-01161 P 26 JSI Date 3/13/2024 at 9:30 AM JSI PHOTOS Complaint #2024-01161 P 27 JSI Date 3/13/2024 at 9:30 AM JSI PHOTOS Complaint #2024-01161 P 28 JSI Date 3/13/2024 at 9:30 AM JSI PHOTOS Complaint #2024-01161 P 29 JSI Date 3/13/2024 at 9:30 AM JSI PHOTOS Complaint #2024-01161 P 30 JSI Date 3/13/2024 at 9:30 AM JSI PHOTOS Complaint #2024-01161 P 31 JSI Date 3/13/2024 at 9:30 AM JSI PHOTOS Complaint #2024-01161 P 32 JSI Date 3/13/2024 at 9:30 AM JSI PHOTOS

No Electrical Box Complaint #2024-01161 P 33 JSI Date 3/13/2024 at 9:30 AM JSI PHOTOS Complaint #2024-01161 P 34 JSI Date 3/13/2024 at 9:30 AM JSI PHOTOS Complaint #2024-01161 P 35 JSI Date 3/13/2024 at 9:30 AM JSI PHOTOS Complaint #2024-01161 P 36 JSI Date 3/13/2024 at 9:30 AM JSI PHOTOS Complaint #2024-01161 P 37 JSI Date 3/13/2024 at 9:30 AM JSI PHOTOS Complaint #2024-01161 P 38 JSI Date 3/13/2024 at 9:30 AM JSI PHOTOS Complaint #2024-01161 P 39 JSI Date 3/13/2024 at 9:30 AM JSI PHOTOS Complaint #2024-01161 P 40 JSI Date 3/13/2024 at 9:30 AM JSI PHOTOS Complaint #2024-01161 P 41 JSI Date 3/13/2024 at 9:30 AM JSI PHOTOS

Underlayment can be seen. Complaint #2024-01161 P 42 JSI Date 3/13/2024 at 9:30 AM JSI PHOTOS Complaint #2024-01161 P 43 JSI Date 3/13/2024 at 9:30 AM JSI PHOTOS Complaint #2024-01161 P 44 JSI Date 3/13/2024 at 9:30 AM JSI PHOTOS Complaint #2024-01161 P 45 JSI Date 3/13/2024 at 9:30 AM JSI PHOTOS Complaint #2024-01161 P 46 JSI Date 3/13/2024 at 9:30 AM JSI PHOTOS Complaint #2024-01161 P 47 JSI Date 3/13/2024 at 9:30 AM JSI PHOTOS Complaint #2024-01161 P 48 JSI Date 3/13/2024 at 9:30 AM JSI PHOTOS Complaint #2024-01161 P 49 JSI Date 3/13/2024 at 9:30 AM JSI PHOTOS Complaint #2024-01161 P 50 JSI Date 3/13/2024 at 9:30 AM JSI PHOTOS Complaint #2024-01161 P 51 JSI Date 3/13/2024 at 9:30 AM JSI PHOTOS Complaint #2024-01161 P 52 JSI Date 3/13/2024 at 9:30 AM JSI PHOTOS Complaint #2024-01161 P 53 JSI Date 3/13/2024 at 9:30 AM JSI PHOTOS Complaint #2024-01161 P 54 JSI Date 3/13/2024 at 9:30 AM JSI PHOTOS Complaint #2024-01161 P 55 JSI Date 3/13/2024 at 9:30 AM JSI PHOTOS Complaint #2024-01161 P 56 JSI Date 3/13/2024 at 9:30 AM JSI PHOTOS Complaint #2024-01161 P 57 JSI Date 3/13/2024 at 9:30 AM JSI PHOTOS Complaint #2024-01161 P 58 JSI Date 3/13/2024 at 9:30 AM JSI PHOTOS Complaint #2024-01161 P 59 JSI Date 3/13/2024 at 9:30 AM JSI PHOTOS Complaint #2024-01161 P 60 JSI Date 3/13/2024 at 9:30 AM JSI PHOTOS Complaint #2024-01161 P 61 JSI Date 3/13/2024 at 9:30 AM JSI PHOTOS 3/18/24, 2:03 PM State of Arizona Mail - AZ ROC Case #2024-01161

Mark Nipp <[email redacted]>

AZ ROC Case #2024-01161 message

AHR Home page <[email redacted]> Thu, Mar 14, 2024 at 9:48 PM To: [email redacted]

Hi Mark,

Thank you for meeting with me at 7007 E Monte Vista Rd, Scottsdale, AZ 85257. I really appreciated your professionalism and knowledge of this situation. As I stated, Craig didn’t allow us access to the property after the meeting we had with Austin on November 18th. I have attached several documents that support this claim. It was always my intention to finish this project, but unfortunately, that didn’t happen. After you read the attachments, if you feel you are in need of any other supporting documentation, please let me know.

Here is a list of attachments and an explanation of each one:

Voice Note of Austin (General Contractor) that was at the house on Nov 18, 2023 stating he could do the job for $100k instead of the price we had agreed upon. (see voice note) We attempted to meet with Craig on multiple occasions like on Saturday, November 18th (this is just one of the instances) and Craig had confirmed he was going to be there so we could come up with a plan, however he didn't show up and just sent Austin his General Contractor. (see texts) Craig ordered the cabinets and they came damaged, texts were exchanged as they were scratched and had holes, Craig gave us permission to just install even though they were damaged and not the correct color. (see texts) They are claiming that they haven't done any work from when we last stopped working; however, the whole addition has been added on. (picture attached of how we left back patio, and someone else's trailer and truck at jobsite) We were supposed to meet Craig on November 18th at the house and discuss how to proceed and finish the job. We instead met with Austin as Craig didn't show up and were told they would get back to us. They didn't get back to us with an answer until Jan 5th. We were expecting them to come up with a plan for us to complete the job, however the email stated they wanted a refund. They also removed the key at some point from the house after we met on November 18th leading us not to finish anything on the job. We had a scheduled cabinet guy to look at the kitchen on November 28th and he couldn't enter the home to complete the tasks due to no key in the lockbox. (see email attachments)

Thank you so much for your time and attention in this matter.

-- Anchor Home Renovation LLC Jose M Palacio (623) 692-2477 [email redacted] License # ROC319452

attachments

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Craig - Follow Up 2.pdf 88K E Monte Vista Rd copy.m4a 327K Craig - Follow up.pdf 99K Craig - Dispute Resolution and Proposed Settlement Terms.pdf 118K

https://mail.google.com/mail/u/0/?ik=6b738c81a6&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 4/4 ESTIMATE

Craig Home Buyer [number redacted] [email redacted] 7007, East Monte Vista Road Scottsdale, AZ Anchor Home Renovation LLC 85257 +[number redacted] 480 436 1630 [email redacted] 2525 w cypress st Phoenix, AZ Estimate Number 518 85009 Date Jan 04, 2023

Accepted Apr 04, 2023

Item Quantity Price Total

Electrical Review 🌟 1 $1,500.00 $1,500.00 Inspect, ensure proper functionality, advise on any repairs needed and make all corrections required. Any repairs needed will be billed if repairs required exceed this amount.

Whole Home Outlets/Switches/Smoke Detectors🌟 1 $1,350.00 $1,350.00 Pricing includes all outlets, switches, covers and smoke detectors throughout existing structure and addition.

Demo of Laundry Room Wall🌟 1 $950.00 $950.00 Pricing includes labor and trash-out for demolition of laundry room

Wall Texture🌟 1 $5,000.00 $5,000.00 Pricing includes texture of all interior walls and garage of home

Baseboard/Trim🌟 1 $3,200.00 $3,200.00 Pricing includes material and labor.

Install of 2 Bath Windows🏈 2 $198.75 $397.50 Pricing includes materials and labor to install two (2) windows which meet IRC requirements.

Bath 2 - Tub Tile Suround🏈 1 $3,400.00 $3,400.00 Pricing includes all materials and labor.

Master Bath Addition Plumbing🏈 1 $4,000.00 $4,000.00 Pricing includes materials and labor to run water lines and waste lines to/from addition.

Kitchen Cabinet Install🏈 1 $600.00 $600.00 Pricing is solely for installation of cabinets. Cabinets will be provided by homeowner.

White shaker cabinets directly from supplier will average $100 a box.

Countertops🏈 100 $35.00 $3,500.00 Pricing includes slab, labor and additional materials.

Interior Paint🏈 1500 $2.00 $3,000.00 Pricing includes all paint, additional materials and labor.

Shiplap🏈 200 $7.00 $1,400.00 Pricing includes materials and labor.

Note: This wood paneling will be used to accent wall with door to garage and small wall to right of garage access door. This wall is in very rough shape. Adding paneling will alleviate any invasive work and reduce cost.

Exterior Paint🇺🇸 2000 $1.50 $3,000.00 Pricing includes all paint, additional materials and labor. Move Electrical Panel🇺🇸 1 $3,000.00 $3,000.00 Move panel 20ft from existing location. Price to be determined, need qualified company to relocate.

Concrete🇺🇸 1 $7,000.00 $7,000.00 Pricing includes concrete, labor and all other materials required to complete job.

Framing & Demo🇺🇸 1 $24,700.00 $24,700.00 Pricing includes demolition of wall, roof section and framing of addition. Pricing also includes demolition/trash- out of existing back patio.

Roofing🇺🇸 1 $8,000.00 $8,000.00 Pricing includes new roof at existing structure and addition.

Note: Labor is $8,000 for demo and installation. Pricing of materials is currently undetermined. Pricing will be calculated once roofing materials have been selected as materials cost may change. (Cost average should be in the $7,000 range.)

Bed 3 - Window🇺🇸 1 $1,000.00 $1,000.00 Pricing includes cutting of block wall and installation of IRC compliant window.

Light-Fixture Installation🇺🇸 20 $50.00 $1,000.00 Pricing is solely for installation of light fixtures and DOES NOT include purchasing of items.

Stucco🇺🇸 1 $4,500.00 $4,500.00 Pricing is for all materials and labor to add stucco to addition and enclosure of garage.

*Option: Cultured stone on pillars at front of home.

Master Bathroom 1 $13,000.00 $13,000.00 Pricing includes select tub or similar, modern 12" x 24" tiles for full shower and wainscoting. Countertop stone provided and labor. (Floating countertop)

$2/SF allowance for tile in shower. $3/SF allowance for tile on floor.

Bath 3 - Stand-up Shower Tile Surround 1 $4,500.00 $4,500.00 Pricing includes all materials and labor.

HVAC 1 $7,000.00 $7,000.00 Price includes labor, HVAC unit, ductwork and any additional materials.

Flooring 4 $1,000.00 $4,000.00 Pricing includes materials and labor for the installation of LVT.

Allowance of $2.50/SF from supplier. Supplier: Modern Sun Stone. Color: Grey

Finish Plumbing 1 $1,100.00 $1,100.00 Pricing is for installation of toilets, angle valves, hoses, faucets and shower valves. Only materials provided will be angle valves, hoses, p-traps and wax rings.

All fixtures and toilets to be provided by homeowner.

Garage Door 1 $1,500.00 $1,500.00 Pricing includes garage door, tracks, motor and 2 garage door openers.

PVC Fence 1 $3,400.00 $3,400.00 Pricing is for installation of approximately 100LF and materials.

Front Door 1 $1,000.00 $1,000.00 Pricing includes door, fixtures and labor.

Laundry Room 1 Pricing includes corrections to water supply, drain lines, washer water supply box, electrical for dryer, vent install for dryer, laundry room access door and drywall.

Note: Price TBD once plumbing plan has been resolved. Total: $115,997.50 Paid: $15,000.00 Balance: $100,997.50

trades are available 01/04/2023

job will be approximately 80 days for completion. days permits prevent work do not affect this count.

date of completion is 23rd of March 2023 estimated 14 days or less for addition permit. days for the SRP dates for connecting the electrical. days for minor plumbing permit days for sewage related permit days for framing inspection days for electrical inspection

any change order must be agreed upon with both owner, Project manager and Anchor Home Renovation LLC.

$50/day back charge to the contractor if day of completion is not met.

we will be recording the full construction process from start to finish taking notes and fully documenting the job.

for payment $15,000 to start is fine. 🌟 is the first parts of the job following that we can do $20,000 following aslong as investor and project manager agree 🏈 is the second phase+check

initial payments are negotiable following Complainant: Craig P Barton 7959 N Thornydale Rd, 91589 Tucson, AZ 85752

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Respondent: Anchor Home Renovation LLC 2525 W Cyprus St #1 Phoenix, AZ 85009

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 April 9, 2024

License No. ROC 329763

Re:Complaint No. 2024-01161

WRITTEN DIRECTIVE FROM THE REGISTRAR - AMENDED

Dear Respondent:

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

Compliance Item #1: Drywall work not completed and poor quality

Investigator’s Observation: Verified

Both parties agreed that the scope of work for drywall was to repair existing damaged areas only.

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Both parties agreed there was a verbal agreement to apply a skip trowel finish on all interior drywall.

I saw multiple locations where the drywall repairs were incomplete. The locations had rough finishes or were still in process.

I also saw that the interior drywall finish was not a skip trowel finish. It did not appear that the Respondent had started applying the skip trowel finish.

I reviewed the contract and noted that it called for, “Texture walls throughout and repair existing, finish garage and addition.” (page 5)

The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.

Reference Picture(s) 2-9

Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R 4-9-108(a): A contractor shall perform work in a professional and workmanlike manner.

Compliance Item #2: Interior paint not completed and poor quality

Investigator’s Observation: Verified

Both parties agreed that the Respondent had not painted the interior as required by the contract.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.

Reference Picture(s) 2-10

Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R 4-9-108(a): A contractor shall perform work in a professional and workmanlike manner.

Compliance Item #3: Water Line not run to fridge

Investigator’s Observation: Verified

The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.

Reference Picture(s) 11

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

Governing Rule: A.R.S. § 32-1154(A)(2) Departure from or disregard of (a) Plans or specifications in any material respect that is prejudicial to another without consent of the owner…

Compliance Item #4: Kitchen cabinets and trim poorly installed must be removed and reinstalled properly

Investigator’s Observation: Verified

The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.

Reference Picture(s) 12-24

Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R 4-9-108(a): A contractor shall perform 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 04/21 Compliance Item #5: 10 kitchen cabinets not installed

Investigator’s Observation: Verified

I saw that the lower cabinets were not installed.

The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.

Reference Picture(s) 25-26

Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R 4-9-108(a): A contractor shall perform work in a professional and workmanlike manner.

Compliance Item #6: Electrical lighting, switches and outlets wiring not complete and not in proper locations

Investigator’s Observation: Verified

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 within an electrical box as required by (P31-32) the International Residential Code (IRC); Chapter 39.

The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.

Reference Picture(s) 27-34

Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R 4-9-108(a): A contractor shall perform work in a professional and workmanlike manner.

Governing Rule: A.R.S. § 32-1154 (A)(2)(b): Departure from or disregard of: (b) A building code.

Compliance Item #7: Kitchen pony wall for peninsula not proper height

Investigator’s Observation: Verified

Both parties agreed that the contract does not include creating bar seating at the kitchen countertops; however, there was a verbal agreement to include that.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

I saw that the current pony wall configuration would not support a single countertop extending from the kitchen countertop to include seamless bar seating as described by each party.

The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.

Reference Picture(s) 3536

Governing Rule: A.R.S. § 32-1154(A)(2) Departure from or disregard of (a) Plans or specifications in any material respect that is prejudicial to another without consent of the owner…

Compliance Item #8: Laminate flooring not completely installed, installed flooring damaged and not installed properly

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Investigator’s Observation: Verified

Both parties agreed the flooring installation is not complete.

The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.

Reference Picture(s) 37-44

Compliance Item #9: Baseboard and door trim not installed

Investigator’s Observation: Verified

Both parties agreed that the baseboards and door trims have not been installed.

I saw that the baseboards and door trims have not been installed.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

Reference Picture(s) 3-4, 38, 41, 44-47

Compliance Item #10: 3 interior doors removed and not reinstalled

Investigator’s Observation: Verified

Both parties agreed that three doors had not been installed.

I saw that there were three doors that had not been installed.

The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.

Reference Picture(s) 45-47

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 professional industry standards…a contractor shall use such skills, prudence, and diligence in performing and completing tasks…

Compliance Item #11: 2 Bathroom windows not replaced

Investigator’s Observation: Verified

Both parties agreed that the two bathroom windows had not been replaced.

The Respondent stated that there had been many changes in the window sizes since the project started and agrees the current pre-existing windows need to be replaced.

I saw there were two bathroom windows that did not appear to have been replaced.

The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.

Reference Picture(s) 48

Compliance Item #12: Tile backer board in guest bath installed improperly, requires replacement

Investigator’s Observation: Verified

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 The Complainant stated that the bottom section of all three walls of the tub surround was not flat.

The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.

Reference Picture(s) 49-56

Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R 4-9-108(a): A contractor shall perform work in a professional and workmanlike manner.

Compliance Item #13: Wall and Shower floor tile incomplete in both bathrooms

Investigator’s Observation: Verified

I saw that the bathrooms were not complete, missing floor tile and wall tile.

The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.

Reference Picture(s) 57-59

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 professional industry standards…a contractor shall use such skills, prudence, and diligence in performing and completing tasks…

Compliance Item #14: Utility room not complete. Electrical, flooring, etc.

Investigator’s Observation: Verified

I saw the utility room was still studs only with no finished surfaces complete.

The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.

Reference Picture(s) 60

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:

Compliance Item #15: Patio cover not removed and rebuilt.

Investigator’s Observation: Not Verified – Modified by Another

The Complainant explained they hired another contractor to complete that portion of the project.

No further action is required.

Reference Picture(s) 61

Governing Rule: N/A

Compliance Item #16: *Kitchen – Install granite countertops, backsplash, under mount sink, Faucet, garbage disposal, LED lights over sink with separate switch, paint, kitchen cabinet hardware.

Investigator’s Observation: DUPLICATE Complaint Item

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Compliance Item #19: *Bedrooms – Install ceiling fans

Investigator’s Observation: Combined with Compliance Item #6

See Compliance Item #6

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

Sincerely,

Mark Nipp Mark Nipp, Investigator 602 7716740 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

CC: Complainant Respondent

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complainant: Craig P Barton 7959 N Thornydale Rd, 91589 Tucson, AZ 85752

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: Anchor Home Renovation LLC 2525 W Cyprus St #1 Phoenix, AZ 85009

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 12, 2024

Compliance Jobsite Inspection Notice Re: Complaint No. 2024-01161

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for Wednesday, April 24, 2024 at 11:30 AM to determine the current status of the items listed on the issued Directive.

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

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

Sincerely,

Mark Nipp Mark Nipp, Investigator 602 7716740 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

CC: Complainant Respondent

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: Craig P Barton 7959 N Thornydale Rd, 91589 Tucson, AZ 85752

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: Anchor Home Renovation LLC 2525 W Cyprus St #1 Phoenix, AZ 85009

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.: 2024-01161 Investigator: Mark Nipp Inspection Date: 4/24/2024 Inspection Time: 11:30 AM

Compliance Jobsite General Notes:

Compliance Findings:

Compliance Item #1: Drywall work not completed and poor quality

Compliance Jobsite Inspection – 04/24/2024:

The Respondent did not comply with the Registrar’s Written Directive.

Both parties agreed that the Respondent completed some drywall work and that there are still areas that require additional work. Both parties agreed that they decided to apply an 80/20 drywall finish rather than a skip-trowel finish.

I saw there were multiple areas where the drywall was poorly finished. I saw tool marks, thin areas, putty blobs throughout the house.

Reference CJSI Picture(s) 2-11

Corrective Work Does Not Meet minimum workmanship standards.

Governing Rule: A.R.S. § 32-1154(A)(22); Failure to take corrective action to comply with the Registrar’s Written Directive.

Jobsite Inspection – 03/13/2024:

Investigator’s Observation: Verified

Both parties agreed that the scope of work for drywall was to repair existing damaged areas only.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Both parties agreed there was a verbal agreement to apply a skip trowel finish on all interior drywall.

I saw multiple locations where the drywall repairs were incomplete. The locations had rough finishes or were still in process.

I also saw that the interior drywall finish was not a skip trowel finish. It did not appear that the Respondent had started applying the skip trowel finish.

I reviewed the contract and noted that it called for, “Texture walls throughout and repair existing, finish garage and addition.” (page 5)

The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.

Reference Picture(s) 2-9

Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R 4-9-108(a): A contractor shall perform work in a professional and workmanlike manner.

Compliance Item #2: Interior paint not completed and poor quality

Compliance Jobsite Inspection – 04/24/2024:

The Respondent did not comply with the Registrar’s Written Directive.

The Respondent stated that they repainted everything except the kitchen/living room bram and kitchen pony wall (wall incomplete).

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 I saw that the areas described by the Respondent were not painted and I noted that the doors and trim were not painted.

Reference CJSI Picture(s) 12-16

Corrective Work Does Not Meet minimum workmanship standards.

Governing Rule: A.R.S. § 32-1154(A)(22); Failure to take corrective action to comply with the Registrar’s Written Directive.

Jobsite Inspection – 03/13/2024:

Investigator’s Observation: Verified

Both parties agreed that the Respondent had not painted the interior as required by the contract.

I saw that the interior did not appear to have been recently painted. I reviewed the contract and noted that it called for the Respondent to paint the entire interior.

The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.

Reference Picture(s) 2-10

Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R 4-9-108(a): A contractor shall perform 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 C013 12/23 Compliance Item #3: Water Line not run to fridge

Compliance Jobsite Inspection – 04/24/2024:

The Respondent did not comply with the Registrar’s Written Directive.

There was no change since the jobsite inspection. No water line has been plumbed to the refrigerator.

Reference CJSI Picture(s) 17

No corrective work completed.

Governing Rule: A.R.S. § 32-1154(A)(22); Failure to take corrective action to comply with the Registrar’s Written Directive.

Jobsite Inspection – 03/13/2024:

Investigator’s Observation: Verified

The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.

Reference Picture(s) 11

Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R 4-9-108(a): A contractor shall perform 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 C013 12/23 standards…a contractor shall use such skills, prudence, and diligence in performing and completing tasks…

Governing Rule: A.R.S. § 32-1154(A)(2) Departure from or disregard of (a) Plans or specifications in any material respect that is prejudicial to another without consent of the owner…

Compliance Item #4: Kitchen cabinets and trim poorly installed must be removed and reinstalled properly

Compliance Jobsite Inspection – 04/24/2024:

The Respondent did not comply with the Registrar’s Written Directive.

I saw that the upper cabinets were still not properly aligned with each other, creating uneven joints from cabinet to cabinet.

Reference CJSI Picture(s) 18-21

Corrective Work Does Not Meet minimum workmanship standards.

Governing Rule: A.R.S. § 32-1154(A)(22); Failure to take corrective action to comply with the Registrar’s Written Directive.

Jobsite Inspection – 03/13/2024:

Investigator’s Observation: Verified

I saw that the cabinet face frames were not aligned with the adjacent filler pieces and/or face frames, causing a lippage effect from section to section. I also noted that there some cabinets were not even with each other on the lower edge (P19-20). I was able to use a plastic card (1/32”) to slide along each area and noted that the card was stopped by the adjacent piece.

The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Reference Picture(s) 12-24

Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R 4-9-108(a): A contractor shall perform work in a professional and workmanlike manner.

Compliance Item #5: 10 kitchen cabinets not installed

Compliance Jobsite Inspection – 04/24/2024:

The Respondent complied with the Written Directive and completed all corrective work. The Complainant was satisfied with the results.

Reference CJSI Picture(s) N/A

Compliance Item #6: Electrical lighting, switches and outlets wiring not complete and not in proper locations

Compliance Jobsite Inspection – 04/24/2024:

The Respondent did not comply with the Registrar’s Written Directive.

I saw there were no additional outlets in the kitchen. I saw that there were still electrical wire (Romex) protruding from the entry wall without an electrical box.

Reference CJSI Picture(s) 22-24

Corrective Work Does Not Meet minimum workmanship standards.

Governing Rule: A.R.S. § 32-1154(A)(22); Failure to take corrective action to comply with the Registrar’s Written Directive.

Jobsite Inspection – 03/13/2024:

Investigator’s Observation: Verified

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 The Complainant explained that along with not being complete, the kitchen electric was not done to code, specifically, the height of the kitchen countertop outlets was different and there were not enough outlets.

The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.

Reference Picture(s) 27-34

Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R 4-9-108(a): A contractor shall perform work in a professional and workmanlike manner.

Governing Rule: A.R.S. § 32-1154 (A)(2)(b): Departure from or disregard of: (b) A building code.

Compliance Item #7: Kitchen pony wall for peninsula not proper height

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 The Respondent complied with the Written Directive and completed all corrective work. The Complainant was satisfied with the results.

Reference CJSI Picture(s) N/A

Compliance Item #8: Laminate flooring not completely installed, installed flooring damaged and not installed properly

Compliance Jobsite Inspection – 04/24/2024:

The Respondent did not comply with the Registrar’s Written Directive.

I noted there was a still minor peaking/cupping in the laminate flooring. I saw two areas where there was an unknown substance on the floor (P25, 34).

Reference CJSI Picture(s) 25-26, 32-34

Corrective Work Does Not Meet minimum workmanship standards.

Governing Rule: A.R.S. § 32-1154(A)(22); Failure to take corrective action to comply with the Registrar’s Written Directive.

Jobsite Inspection – 03/13/2024:

Investigator’s Observation: Verified

Both parties agreed the flooring installation is not complete.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.

Reference Picture(s) 37-44

Compliance Item #9: Baseboard and door trim not installed

Compliance Jobsite Inspection – 04/24/2024:

The Respondent did not comply with the Registrar’s Written Directive.

I saw that the baseboards had not all been installed.

Reference CJSI Picture(s) 27-31

Corrective Work Does Not Meet minimum workmanship standards.

Governing Rule: A.R.S. § 32-1154(A)(22); Failure to take corrective action to comply with the Registrar’s Written Directive.

Jobsite Inspection – 03/13/2024:

Investigator’s Observation: Verified

Both parties agreed that the baseboards and door trims have not been installed.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 I saw that the baseboards and door trims have not been installed.

The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.

Reference Picture(s) 3-4, 38, 41, 44-47

Compliance Item #10: 3 interior doors removed and not reinstalled

Compliance Jobsite Inspection – 04/24/2024:

The Respondent complied with the Written Directive and completed all corrective work. The Complainant was satisfied with the results.

Reference CJSI Picture(s) N/A

Compliance Item #11: 2 Bathroom windows not replaced

Compliance Jobsite Inspection – 04/24/2024:

The Respondent did not comply with the Registrar’s Written Directive.

There has been no change in this item since the Jobsite Inspection.

Reference CJSI Picture(s) 35

No Corrective work completed.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Governing Rule: A.R.S. § 32-1154(A)(22); Failure to take corrective action to comply with the Registrar’s Written Directive.

Jobsite Inspection – 03/13/2024:

Investigator’s Observation: Verified

Both parties agreed that the two bathroom windows had not been replaced.

The Respondent stated that there had been many changes in the window sizes since the project started and agrees the current pre-existing windows need to be replaced.

I saw there were two bathroom windows that did not appear to have been replaced.

The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.

Reference Picture(s) 48

Compliance Item #12: Tile backer board in guest bath installed improperly, requires replacement

Compliance Jobsite Inspection – 04/24/2024:

Reference CJSI Picture(s) N/A

Compliance Item #13: Wall and Shower floor tile incomplete in both bathrooms

Compliance Jobsite Inspection – 04/24/2024:

The Respondent complied with the Written Directive and completed all corrective work. The Complainant was satisfied with the results.

Reference CJSI Picture(s) N/A

Compliance Item #14: Utility room not complete. Electrical, flooring, etc.

Compliance Jobsite Inspection – 04/24/2024:

The Complainant explained that they have a new contractor who is partially responsible for this compliance item. Given that a new contractor has been hired and started on this item, it would not be appropriate for the Registrar to take further action against the Respondent for this particular compliance item.

Reference CJSI Picture(s) N/A

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

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Mark Nipp Mark Nipp, Investigator 602 7716740 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

CC: Complainant Respondent

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Complaint #2024-01161 P 1 CJSI Date 4/24/2024 at 11:30 AM CJSI PHOTOS Complaint #2024-01161 P 2 CJSI Date 4/24/2024 at 11:30 AM CJSI PHOTOS Complaint #2024-01161 P 3 CJSI Date 4/24/2024 at 11:30 AM CJSI PHOTOS Complaint #2024-01161 P 4 CJSI Date 4/24/2024 at 11:30 AM CJSI PHOTOS Complaint #2024-01161 P 5 CJSI Date 4/24/2024 at 11:30 AM CJSI PHOTOS Complaint #2024-01161 P 6 CJSI Date 4/24/2024 at 11:30 AM CJSI PHOTOS Complaint #2024-01161 P 7 CJSI Date 4/24/2024 at 11:30 AM CJSI PHOTOS Complaint #2024-01161 P 8 CJSI Date 4/24/2024 at 11:30 AM CJSI PHOTOS Complaint #2024-01161 P 9 CJSI Date 4/24/2024 at 11:30 AM CJSI PHOTOS Complaint #2024-01161 P 10 CJSI Date 4/24/2024 at 11:30 AM CJSI PHOTOS Complaint #2024-01161 P 11 CJSI Date 4/24/2024 at 11:30 AM CJSI PHOTOS Complaint #2024-01161 P 12 CJSI Date 4/24/2024 at 11:30 AM CJSI PHOTOS Complaint #2024-01161 P 13 CJSI Date 4/24/2024 at 11:30 AM CJSI PHOTOS Complaint #2024-01161 P 14 CJSI Date 4/24/2024 at 11:30 AM CJSI PHOTOS Complaint #2024-01161 P 15 CJSI Date 4/24/2024 at 11:30 AM CJSI PHOTOS Complaint #2024-01161 P 16 CJSI Date 4/24/2024 at 11:30 AM CJSI PHOTOS Complaint #2024-01161 P 17 CJSI Date 4/24/2024 at 11:30 AM CJSI PHOTOS Complaint #2024-01161 P 18 CJSI Date 4/24/2024 at 11:30 AM CJSI PHOTOS Complaint #2024-01161 P 19 CJSI Date 4/24/2024 at 11:30 AM CJSI PHOTOS Complaint #2024-01161 P 20 CJSI Date 4/24/2024 at 11:30 AM CJSI PHOTOS Complaint #2024-01161 P 21 CJSI Date 4/24/2024 at 11:30 AM CJSI PHOTOS Complaint #2024-01161 P 22 CJSI Date 4/24/2024 at 11:30 AM CJSI PHOTOS Complaint #2024-01161 P 23 CJSI Date 4/24/2024 at 11:30 AM CJSI PHOTOS Complaint #2024-01161 P 24 CJSI Date 4/24/2024 at 11:30 AM CJSI PHOTOS Complaint #2024-01161 P 25 CJSI Date 4/24/2024 at 11:30 AM CJSI PHOTOS Complaint #2024-01161 P 26 CJSI Date 4/24/2024 at 11:30 AM CJSI PHOTOS Complaint #2024-01161 P 27 CJSI Date 4/24/2024 at 11:30 AM CJSI PHOTOS Complaint #2024-01161 P 28 CJSI Date 4/24/2024 at 11:30 AM CJSI PHOTOS Complaint #2024-01161 P 29 CJSI Date 4/24/2024 at 11:30 AM CJSI PHOTOS Complaint #2024-01161 P 30 CJSI Date 4/24/2024 at 11:30 AM CJSI PHOTOS Complaint #2024-01161 P 31 CJSI Date 4/24/2024 at 11:30 AM CJSI PHOTOS Complaint #2024-01161 P 32 CJSI Date 4/24/2024 at 11:30 AM CJSI PHOTOS Complaint #2024-01161 P 33 CJSI Date 4/24/2024 at 11:30 AM CJSI PHOTOS Complaint #2024-01161 P 34 CJSI Date 4/24/2024 at 11:30 AM CJSI PHOTOS Complaint #2024-01161 P 35 CJSI Date 4/24/2024 at 11:30 AM CJSI PHOTOS REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Craig P Barton Case No. 2024-01161 COMPLAINANT, v. Anchor Home Renovation LLC CITATION License No. ROC 329763 and 319452

RESPONDENT.

The Registrar issues this Citation to Anchor Home Renovation LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by May 15, 2024, then under A.R.S. § 32-1155(C), Respondent’s failure to answer may be deemed an admission of the act or acts charged in the underlying complaint, and the Registrar may then suspend or revoke Respondent’s license(s). THE WRITTEN COMPLAINT On January 29, 2024, Craig P Barton (“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

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 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)(2)(b) Departure from or disregard of: (b)A building code of this state or any political subdivision of this state in any material respect that is prejudicial to another. Charge 3: 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 4: A.R.S. § 32-1154(A)(3) - R4-9-108(b) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity. Charge 5: A.R.S. § 32-1154(A)(22) Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a reasonable period of time after receiving a written directive from the Registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held.

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 If 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. 2024-01161. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted]

The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than May 15, 2024. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office.

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B).

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated April 30, 2024. By: /s/ Madelyn Hayes Madelyn Hayes Legal Assistant II Legal Department Arizona Registrar of Contractors

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, April 30, 2024 to:

Respondent Certified Mail No: [number redacted]

Anchor Home Renovation LLC 2525 W Cypress St, #Ste 1 Phoenix, AZ 85009 Copy mailed by USPS First Class mail this same date to: Anchor Home Renovation LLC 2525 W Cypress St, #Ste 1 Phoenix, AZ 85009

Complainant Craig P Barton 7959 N Thornydale Rd, 91589 Tucson, AZ 85752

Copy sent electronically this same date to: Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar Case No. 2024-01161 / MTH

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Agreement: Pima Indians LLC and Anchor Home Renovations Renovante: 7007 E Monte Vista Rd. Scottsdale AZ 85257

Section A. Scope of Work General Conditions: It is specifically understood and agreed that: This is a complete offer for the work noted herein. If contractor observes any obvious omission, contractor is required to note it and discuss with owner/project manager before inclusion in bid.

Any deviation from this list shall be discussed with the owner/project manager before an alteration to this scope of work.

If contractor does work outside the scope of the work shown herein, that contractor must specifically quote any change in price and must obtain proper written approval via a written change order, otherwise it is understood herewith that the contractor’s intent was not to charge for these items.

If contractor proceeds with any work not shown herein without proper approval, then owner/project manager has no obligation for any additional payment for labor, materials, and/or consultation.

This is a complete quotation. All labor and every know process to complete this scope of work to provide high quality of workmanship is included unless otherwise shown herein.

Contractor is responsible for complete debris clean-up and removal from the premises as it accumulates. Contractor is expected to have the experience or staff with experience to meet the requirements and conditions of the work scope. In addition, the contractor and staff shall provide all necessary and required tools/equipment to complete all requirements of work scope to a craftsman or journeyman’s level.

Contractor has agreed to complete this project within the time frame as quoted below. Any deviation must be specifically discussed and approved in a separate written change order, otherwise any contract payments shall be permanently reduced by $ 50.00 per day until the work is completed. It is expected that if another trade or company has delayed the work, the contractor bidding herein shall work around this trade and do other work as possible in order to stay on time. Any adjustment in time must be discussed and approved in writing in order to avoid the above deduction. Weather may be a consideration if exterior work could not be addresses and completed at a different time in the course of this contract time lines.

It is the contractor’s sole responsibility to obtain and pay for all needed permits and approvals as required by the city, county, or State within the time frame agreed to. Inspections: Contractor is responsible for arranging for and passing all required project manager and/or building inspections as required by this contract.

Release of payments to contractor shall be as shown herein and any deviation must be discussed and approved. Releases will be tied to approvals by the owner/project manager inspections. No payments will be paid in advance of work being done. If supplies are included in contractors bid and contractor needs funds for supplies, Owner/project manager will make payment arrangements directly with the supplier of contractor's choice this advance to the supplier shall be deducted from the draw prior to the contractor's expected draw. Note: Owner/Project manager Agreement: Pima Indians LLC and Anchor Home Renovations Renovante: 7007 E Monte Vista Rd. Scottsdale AZ 85257

reserves the right to reject contractor's supplier if deemed unsuitable in quality of materials, prices, and/or for any other reason and contractor shall use supplies provided by owner/project manager any dispute shall be addressed prior to the purchase of supplies or contractor shall be in breach of contract. Any changes of contractor’s scope due to supply substitution by owner/pm shall be made in writing prior to a written change order being generated. Under this contract unless otherwise specified all materials shall be provided by owner/project managers sources and contractor shall pick up materials and transport to job site. Any materials not used in fulfillment of this contract shall be returned to source for a refund to the owners account. Materials purchased with approval outside of the sources identified by the owner’s suppliers may be reimbursed if change order is generated and the original receipt is surrendered to the owners. All receipts shall not contain any materials not used under this contract or tools.

Crew Size: Contractor agrees to job moving with workers on the job at all times during normal business hours with no less then 4 workers on the job.

Payment schedule shall be: 1) $15,000.00 To Start Job 2) $20,0000.00 Demolition Framing, plumbing and electrical rough in when wall board, taping, and texturing, inside, and plumbing fixtures are completed or complete or when deemed adequate work is completed. 3) $10,000.00 when all, electrical items, all flooring and tiling are complete, Pima Indians agrees to pay flooring contractor directly tile only, contractor agrees to install laminate floor in master bedroom

4) $10,000.00 When deemed adequate work is completed 5) $10,000.00 When deemed adequate work is completed 6) $10,000.00 When deemed adequate work is completed 7) $10,000.00 When deemed adequate work is completed cabinetry, countertops, backsplash, bathrooms appliances, full kitchen is complete

8) $10,000.00 When deemed adequate work is completed 10) $18,997.50 when all receipts are turned in, interior cleaning, pool work, landscape, fencing are finished final walkthrough, approval of all labor and work identified in the contract are completed, less any advance payment or charge for materials paid for by Owner.

10) $2000.00 is held back till after final inspections and final repairs are completed.

Contractor agrees to return for any adjustments or repairs, to equipment or installations for up to days after occupancy of new owner or tenant.

The parties hereto understand Contractor and Owner/Project Manager intend to enter into a separate contract. However, in the absence of a separate agreement, this shall serve as the complete understanding. Agreement: Pima Indians LLC and Anchor Home Renovations Renovante: 7007 E Monte Vista Rd. Scottsdale AZ 85257

Parties agree that any dispute which cannot be settled by the parties shall be submitted to binding arbitration and the parties agree to be bound by the decision. The cost of the arbitration shall be borne by the losing party.

Other Conditions (Any other conditions not mentioned in the document shall be addressed in change orders after the contract is signed)

Cancellation: Client reserves the right to cancel any of the services in this contract which have not been completed by Contractor within the specified time frame. No compensation will be due, for tasks not completed.

Communications: Contractor and Client agree that communication between the parties is vital to the rapid completion of this contract. Each herewith agrees to promptly respond to any message from the other party. Each further agrees to provide the other with any change of contact telephone numbers and/or email address.

Repair, replace and install everything as mentioned and not mentioned in this scope of work. Scope of work is only a guide with the understanding that the home will be completely repaired as verbally agreed. Home will be ready to be placed on the retail market and presentation of the home must be impeccable.

Management/Owner to pay for appliances and light fixtures only

Contractor's Price for work to be performed $115,997.50 1/5/2023

Work Scope Completion Date: March 30th 2023

$500.00 Bonus if work is completed by March 23rd 2023

Contractor Signature:

Owner/Project Manager Signature:

Acceptance Date: Agreement: Pima Indians LLC and Anchor Home Renovations Renovante: 7007 E Monte Vista Rd. Scottsdale AZ 85257

Scope of Work

Contractor estimate sheet can be used as reference for any discrepancies.

EXTERIOR:

General: Paint entire house per color scheme use thicker paint and better primer to fully cover imperfections Install new exterior lighting on doorway Remove patio cover in the back yard Install PVC Fence includes 3 gates, install lower/smaller fence through front yard (Materials included up to $2600.00) Install full Garage door set up including materials- shiplap wood on walls Complete, (Owner/Manager to choose door) garage conversion to code, including garage door and opener Repair all electrical outlets make sure all are connected rerun wire to addition Install screens on all eve vents and roof vents if needed Install new front door Install baseboard throughout home materials included Remove laundry room wall install new laundry room and finish Stucco patch entire exterior where needed Paint per color scheme lvt install $2.50 allowance from supplier (modern sun stone is provider)

Addition: 1. Construct addition according to plans (Primary suite and garage enclosure) 2. Demo wall, roof shingles, install framing attaching the home includes any demo 3. Pour concrete with pitch (10-year warranty) 4. Contractor will furnish all materials for addition with the following exceptions: Lighting fixtures, tub and faucet, shower valve and trim, shower niche, bath mirrors, bath accessories, door hardware, exterior light fixtures 5. All switches, outlets and GFI’s will be white Leviton Décor style with Leviton midway covers 6. Stucco outside addition and front Pillars including culture stone on pillars make astatically appealing 7. Owner will provide paint colors 8. Owner will select tile, flooring and vanity stone or quartz 9. Relocate electrical panel

Roof: Install new roof. $8000.00 allowed, pricing of materials (owner will seek roofing quotes) Inspect and make sure all vents’ stacks and roof vents are sealed correctly Inspect entire roof and patch were needed Rip off existing roof and replace with 30-year arch shingles (color TBD) Repair any soffit and fascia board as needed Agreement: Pima Indians LLC and Anchor Home Renovations Renovante: 7007 E Monte Vista Rd. Scottsdale AZ 85257

INTERIOR:

GENERAL: 1. Texture walls throughout and repair existing, finish garage and addition 2. Finish door trim and paint all interior doors 3. Install new hardware on the front entryway door (provide 3 keys) 4. Install hardwood floors 5. Prep and paint all rooms per color scheme 6. Install new hardwood floors throughout home 7. Install new blown insulation in the attic 8. Install 4” slim LED lights in hallway materials included

WINDOWS: 1. Clean all windows and make sure they operate properly 2. Install window for bedroom cut into block cut wall for minimum size egress window 3. Replace all damaged/missing screens on all windows 4. Replace existing bath windows with correct size materials included

KITCHEN: 1. Install new kitchen cabinets and hardware 2. Install under and over cabinet lighting included (Management to select) 3. Install new appliances 4. Install backsplash 5. Install and provide counter tops (slab provided by contractor includes waterfall by dishwasher 6. Install new under mount sink 60/40 7. Install new faucet 8. Install new garbage disposal with air gap switch included 9. Install recessed slim LED lights and one over sink on separate switch 10. Paint as per color scheme.

EXISTING BATHROOMS: ($3/SF allowance tile in shower) 1. Install new granite counter tops 2. Install new square under mount sinks 3. New Faucets 4. New toilets dual flush 5. New tub is installed in hall bathroom, tile shower in rear bathroom using accent tile 6. New shower valves 7. Install towel racks and toilet holders 8. Tile shower and use accent Tile as directed (allow 2.00 sq ft for tile in shower) 9. Floor to be installed (allow 3.00 sq ft for floor) 10. Install new surface mount sinks 11. New Faucet 12. New shower valve, trim kit, tub filler and shower head 13. Install new lighting Agreement: Pima Indians LLC and Anchor Home Renovations Renovante: 7007 E Monte Vista Rd. Scottsdale AZ 85257

MASTER BATH in new addition: 1. New toilet materials included 2. New tub (select tub or similar supplied by contractor) 3. Install new sinks materials included 4. New Faucets 5. Install Rain shower head and regular shower head 6. Install 2 new shower valves 7. Construct niche cut in in shower surround install tile surround 8. Accent Tile 9. LVT Flooring installed (Materials included up to $2.50 sq ft) 10. Install new floating countertop provided by contractor 11. Install mirror above vanity 12. Install new lighting 13. Install towel racks and toilet holders 14. Tile shower enclosure field wall (12x24 tile included) 15. Paint per color scheme

BEDROOMS: 1. Install new light fixtures 2. Install ceiling fans in each room 3. Paint per color scheme

PLUMBING: 1. All finish plumbing to be selected by owner flat rate of $1500 for all furnishing pieces includes garbage disposal check all existing plumbing & repair/replace as needed, per code any repairs needed will be billed if this amount is exceeded. 2. Inspect water heater and make sure it is installed up to code 3. Install Plumbing from laundry room to where master bed addition will be ran to code 4. New angle stops on all water lines ¼ turn 5. Correct all plumbing in laundry room 6. Check gas lines & repair/replace as needed 7. Check all drain lines and hose bibs & repair/replace as needed

ELECTRICAL: 1. Update all outlets and switches check all wiring & replace where needed, per code $950.00 allowed. 2. Run electric supply for ceiling suspended range hood and duct through roof 3. Check panel & repair/replace as needed 4. Install smoke and carbon monoxide detectors per code 5. Replace chandelier with black (management to choose) 6. Install new vanity lights in all bathrooms 7. Replace all outlets and switches 8. Upgrade all wiring as needed per code 9. Replace all light fixtures throughout the house 10. Run electrical to island for range

HVAC 1. Install new 5-ton gas pack HVAC system needed including all ductwork needed throughout to code Wells Fargo Combined Statement of Accounts Primary account number: ■

PIMA INDIANS LLC PO BOX 91589 TUCSON AZ 85752-1589

Wire Transfers:

01/06/23 WT FED#01518 COMERICA BANK /FTR/BNF=Anchor Home Renovation LLC $15,000.00

04/07/23 WT FED#01734 COMERICA BANK /FTR/BNF=Anchor Home Renovation LLC $15,000.00 Received 5/14/2024 ROC Legal

LANG THAL KING & HANSON PC 6730 N. SCOTTSDALE RD., SUITE 101 SCOTTSDALE, ARIZONA 85253 TELEPHONE (480) 534-4900 Please e-serve filings on: [email redacted] JAMES N. HANSON, #029091 [email redacted] (not for e-service) MEGAN N. SCHANDLE, #037402 [email redacted] (not for e-service)

Attorneys for Anchor Home Renovation LLC ARIZONA REGISTRAR OF CONTRACTORS Craig P Barton, Case No.: 2024-01161 Complainant, WRITTEN ANSWER TO CITATION v. Anchor Home Renovation LLC, Respondent. Respondent Anchor Home Renovation LLC (“Anchor Home”), by and through undersigned counsel, answers the Citation in the above-captioned matter as follows: The Citation charges that Anchor Home may have violated: (1) A.R.S. § 32- 1154(A)(2)(a); (2) A.R.S. § 32-1154(A)(2)(b); (3) A.A.C. R4-9-108(a), and therefore, A.R.S. § 32-1154(A)(3); (4) A.A.C. R4-9-108(b), and therefore, A.R.S. § 32-1154(A)(3); and (5) A.R.S. § 32-1154(A)(22). Anchor Home wholly denies all charges listed in the Citation. Anchor Home further disputes the Citation to the extent it expressly or impliedly alleges any wrongdoing or liability on the part of Anchor Home, or any violations of Arizona contracting laws. Anchor Home neither committed, nor omitted, any acts with respect to the subject project that would justify the imposition of discipline to its license. Accordingly, Anchor Home respectfully requests that this matter be referred to a contested hearing before the Office of Administrative Hearings. Anchor Home reserves its right to raise all applicable legal and factual defenses at that contested hearing. 1874512 Received 5/14/2024 ROC Legal

DATED this 14th day of May, 2024. LANG THAL KING & HANSON PC By: /s/ Megan N. Schandle James N. Hanson Megan N. Schandle Attorneys for Anchor Home Renovation LLC ORIGINAL filed via e-mail with the Arizona Registrar of Contractors this 14th day of May, 2024, Arizona Registrar of Contractors 1700 W. Washington Street, Ste. 105 Phoenix, AZ 85007 [email redacted] [email redacted] COPY sent via email this same date to: Craig P Barton 7959 N. Thornydale Rd, 91589 Tucson, AZ 85752 [email redacted] Complainant By: /s/ Jennifer Fortner

Received 5/15/24, 9:41 AM State of Arizona Mail - Anchor Home Renovation LLC adv. Craig P Barton / Case No. 2024-01161 - Written5/14/2024 Answer to Citation ROC Legal

Answers - AZROC <[email redacted]>

Anchor Home Renovation LLC adv. Craig P Barton / Case No. 2024-01161 - Written Answer to Citation message

Jennifer Fortner <[email redacted]> Tue, May 14, 2024 at 4:26 PM To: "[email redacted]" <[email redacted]>, "[email redacted]" <[email redacted]>, "[email redacted]" <[email redacted]> Cc: Megan Schandle <[email redacted]>, James Hanson <[email redacted]>

Good afternoon -

Attached please find Written Answer to Citation filed on behalf of Respondent for the above captioned matter. Complainant is given notice of this Answer on this same email.

If you should have any questions, please contact our office.

Thank you – Jennifer

Jennifer Fortner Legal Assistant Direct: 480-534-4893 | Website | vCard 6730 N. Scottsdale Rd., Suite 101 | Scottsdale, AZ 85253 480-534-4900 NOTICE: This message and its attachments are confidential and may be attorney-client privileged. They are protected by law. If you are not the intended recipient, please destroy the message in both electronic and paper form and notify Lang Thal King & Hanson at 480-534-4900 or by email to the sender. Thank you.

Written Answer to Citation.pdf 115K

https://mail.google.com/mail/b/AEoRXRTiq8XP4uh4pRmoY9s4u8Y1Nm-jSm9kV1CwOg-8IKPvLz3r/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 1/1 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