2024A-01188-CHC-ROC Notice of Hearing & Packet MAILED 2024-01188.pdf

2024A-01188-CHC-ROC · Registrar of Contractors · 2024-07-03

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

John M Pace , Case No. 2024-01188

COMPLAINANT, Docket No. 2024A-01188-CHC-ROC

v. NOTICE OF HEARING ON Minimal Construction LLC CONTESTED CASE License No. ROC 334200,

RESPONDENT.

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

August 13, 2024 9:00 AM Velva Moses-Thompson Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

If you have requested to appear in-person at the hearing, the hearing will be held at 1740 W Adams Street, Phoenix, AZ 85007.

You must attend this hearing. This is an adversarial hearing before an administrative

law judge, and is conducted in a similar manner as judicial proceedings. Thus, you must be

prepared to present evidence, including witness testimony and documents, in support of your case.

STATEMENT OF LEGAL AUTHORITY AND JURISDICTION

The State of Arizona has determined that the licensing and regulation of construction contractors is a proper state function, and has vested authority in the Registrar of Contractors to administer Title 32, Chapter 10 of the Arizona Revised Statutes. A.R.S. §§ 32-1101 et seq. All hearings for alleged violations of Title 32, Chapter 10 are conducted under Title 41,

Chapter 6, Article 10. A.R.S. § 32-1156.

The statutes and rules governing the hearing can be found at: Arizona Revised

Statutes §§ 41-1092 to -1092.12, and Arizona Administrative Code R2-19-101 to -122.

PARTICULAR ARIZONA STATUTES AND RULES INVOLVED

The statutes and rules the Respondent is alleged to have violated are cited in the

complaint and citation, which were served on the Respondent on June 7, 2024. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED

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

Charge: 3 A.R.S. § 32-1154(A)(22)

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

be a party to the hearing.

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

argument to the administrative law judge.

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

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

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

1156(B).

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

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

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

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

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

HEARING PACKET

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

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

SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS

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

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

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

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

DISCLOSURE STATEMENT

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

CHANGING THE HEARING DATE

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

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

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

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

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

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

Complaints – Resolved/Settled/Withdrawn.”

Dated July 3, 2024.

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

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

Respondent(s) Minimal Construction LLC 8280 E Gelding Dr. Suite 104 Scottsdale, AZ 85260

Respondent's Attorney Richard L. Cobb, Esq. 1850 N Central Ave Ste 1100 Phoenix, AZ 85004 Complainant(s) John M Pace 17220 E Whitehorn Dr Rio Verde, AZ 85263

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. 2024-01188 /

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

Hearing Packet FAQ What is the Hearing Packet?

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

Who gets the Hearing Packet?

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

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

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

What is in the Hearing Packet?

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

● Original complaint;

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

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

● Citation; and ● Answer.

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

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

What if there are documents missing from the Hearing Packet?

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

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

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

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

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

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

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

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

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

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

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

3/27/24, 4:14 PM State of Arizona Mail - Addendum to original complaint

David Fagerburg <[email redacted]>

Addendum to original complaint message

johnmpace <[email redacted]> Wed, Mar 27, 2024 at 3:10 PM To: David Fagerburg <[email redacted]>

David, Please see items below I would like added to the original complaint.

The pressure switch connected to the water system pump is a NEMA1 (indoor use only) rated device. It needs to be replaced with a NEMA3R (wet location) rated device.

Complaint item 4: Visual inspection of septic tank. Tank to be exposed by owner.

Since adding the three drywall cracks noted in the addendum, more have developed and some of the original cracks noted in the addendum have grown.

There are no arc fault circuit breakers or receptacles installed on the premises even though they are called out in the electrical notes and are required by the NEC. NFPA 70 National Electrical Code Article 210.12 specifies AFCI (Arc Fault CIrcuit Interrupter Protection) (B) Dwelling Units.

All 120-volt, single-phase, 10-, 15-, and 20-ampere branch circuits supplying outlets or devices installed in the following locations shall be protected by any of the means described in 210.12(A) (1) through (A)(6):

(1) Kitchens (2) Family rooms (3) Dining rooms (4) Living rooms (5) Parlors (6) Libraries (7) Dens (8) Bedrooms (9) Sunrooms (10) Recreation rooms

(11) Closets

(12) Hallways

(13) Laundry areas

https://mail.google.com/mail/u/0/?ik=6daa306fe6&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 1/2 3/27/24, 4:14 PM State of Arizona Mail - Addendum to original complaint

(14) Similar areas

Receptacles below countertop on kitchen peninsula and on wall between kitchen sink and cabinet on exterior wall are not GFCI protected and are within 6' of kitchen sink. See NFPA 70 NEC Article 210.8 (B) All 125-volt through 250-volt receptacles supplied by single-phase branch circuits rated 150 volts or less to ground, 50 amperes or less, and all receptacles supplied by three-phase branch circuits rated 150 volts or less to ground, 100 amperes or less, installed in the following locations shall be provided with GFCI protection:

(1) Bathrooms (2) Kitchens (3) Areas with sinks and permanent provisions for food preparation, beverage preparation, or cooking (4) Buffet serving areas with permanent provisions for food serving, beverage serving, or cooking

(5) Rooftops (6) Outdoors

(7) Sinks where receptacles or cord-and-plug-connected fixed or stationary appliances are installed within 1.8 m (6 ft) from the top inside edge of the bowl of the sink

(8) Indoor damp or wet locations

I don't want this to be a never ending process. I believe this is everything.

Thanks,

John Pace 505-629-6977 [email redacted]

https://mail.google.com/mail/u/0/?ik=6daa306fe6&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 2/2 Complainant: John Pace 17220 E Whitehorn Dr. Rio Verde, AZ 85263

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Respondent: MINIMAL CONSTRUCTION LLC 8280 E Gelding Dr. Suite 104 Scottsdale, AZ 85260

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 January 31, 2024

Jobsite Inspection Notice Re: Complaint Number 2024-01188

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for March 6, 2024 at 11:30 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

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

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

Sincerely, David Fagerburg David Fagerburg, Investigator #210 602 7716735 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007-2812

CC: Respondent Complainant

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

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

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

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

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

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

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

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

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 A Guide to Written Directives Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.

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

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

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

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

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

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

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 March 6, 2024 2024-01188 JSI Photos

27718 N 172nd Place Rio Verde, AZ 85063

P 1 P 2 P 3 P 4 P 5 P 6 P 7 P 8 P 9 P 10 P 11 P 12 P 13 P 14 P 15 P 16 P 17 Complainant: John Pace 17220 E Whitehorn Dr. Rio Verde, AZ 85263

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: MINIMAL CONSTRUCTION LLC 8280 E Gelding Dr. Suite 104 Scottsdale, AZ 85260

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 12/23 March 8, 2024

Re: Complaint No. 2024-01188

Dear Complainant and Respondent:

After the initial filing of the complaint 2024-01188, the Complainant filed the attached amended complaint containing additional complaint items.

A jobsite inspection is scheduled March 13, 2024 at 1:00 PM. 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,

David Fagerburg David Fagerburg, Investigator #210 602 7716735 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007-2812

Cc: File Respondent Complainant

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 12/23 March 13, 2024 2024-01188 Addendum JSI Photos

27718 N 172nd Place Rio Verde, AZ 85263

P 1 P 2 P 3 P 4 P 5 P 6 P 7 P 8 P 9 P 10 P 11 Katie Hobbs, Governor Martín Quezada, Director

Jobsite Inspection Notes

Case No.: 2024-01188 Investigator: David Fagerburg #210 Inspection Date: March 6, 2024 Inspection Time: 11:30 AM

Complainant: John Pace & Respondent: Minimal Corinne Allen, Homeowners Construction LLC, Jared Amzallag Not Present: Owner & QP, Travis Manore, Director of Construction, Jason Dulude, Operations Manager, Glen Forbes, Owner & QP Forbes Construction and Development LLC Not Present:

Jobsite General Notes: Both parties were present at this jobsite investigation JSI photos taken with my Pixel 6 Pro Cell Phone JSI audio recorded with my Olympus Digital Voice Recorder model DM-620. Photos #1 and #2 are of the complainant’s residence and address.

Investigator Notes: 1: During this jobsite investigation the respondent allowed 3 addendum items to be addressed.

2: After this jobsite investigation the complainant submitted an addendum to the complaint related to drywall cracks and an addendum jobsite investigation was conducted on March 13, 2024 at 1:00 pm. The respondent was not present. The additional addendum complaint item will be addressed as Addendum Complaint Item 4.

3: Addendum photos are referred to in some of the complaint item notes and were taken at the addendum jobsite investigation.

4: At this jobsite investigation both parties acknowledged there is a C of O issued but a final inspection has not been completed by the local building authority. This was verified with Maricopa County Planning & Development Department.

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 RCC100 11/18

Compliant Item 1: Breach of contract. JKC construction left the partnership before construction commenced and we were never informed of this. Investigator’s Observation: The ROC does not get involved in contract disputes. Governing Rule: No Action

Compliant Item 2: Estimated duration of construction was 180 days. Estimated date of completion was November 2021. We took possession October 28, 2023.; Investigator’s Observation: This is a statement made by the complainant that does not imply poor workmanship. Governing Rule: No Action

Compliant Item 3: We have been living with the almost constant smell of sewer gas inside and outside of the house since moving in. A sewer drain inspection was done in December of 2023 which revealed a "Tee" fitting in the drain line which comes up in a wall with no plumbing in it and does not terminate through the roof as a vent pipe. Also, sewage will overflow out of this fitting if the drain is ever backed up. Contractor has not acted to fix this health safety issue.; Investigator’s Observation: At this jobsite investigation I am able to verify there is an odor resembling the smell of sewer gas inside and outside the residence. During this jobsite investigation the complainant showed me where a 3rd party contractor drilled 6 holes in 1 of the interior walls near the north bathroom where the odor is most prevalent. See P (5). The complainant stated that the 3rd party contractor was unable to locate the Tee fitting referred to in the stud bays within that particular interior wall. The respondent shall determine cause of the sewer gas smell, ensure the plumbing venting is installed per the stamped and approved plans and correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 4: As part of the initial inspection of the septic system the septic tank was found to be partially crushed. This was determined in either November or December of 2023. Contractor has not acted to fix this issue.; Investigator’s Observation: At this jobsite investigation I observed what appears to be a septic tank stub marked with a green flag located on the east side of the home with tire tracks on top of the tank stub. See P (1) and P (4). The complainant stated that the tire tracks are from a UPS driver. I am unable to verify whether or not the septic tank may be partially crushed or who may have crushed the tank. There is insufficient evidence to substantiate that the respondent partially crushed the septic tank. Governing Rule: No Action

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 RCC100 11/18

Compliant Item 5: Sewer drain venting system is not vented properly according to Sewer Time, the company who installed the septic system and inspected the septic tank and drain systems.; Investigator’s Observation: At this jobsite investigation under the kitchen island sink I observed 1 ABS drain line leading into the pony wall on the north side of the kitchen island with a blank cover plate on what appears to be a second drain access. See addendum P (11). During this jobsite investigation the respondent sent an email with photos of the project during the foundation concrete forming, rough plumbing and framing. 1 of the photos shows 2 ABS drain lines protruding from the kitchen island framing. It appears that the second drain access cover plate is designated for a Studor or Air Admittance Valve (AAV) which provides venting for the kitchen island drain which is not installed. The respondent shall determine cause of the improper venting system, the smell of sewer gas and correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 6: The septic system drain exits the slab at a right angle to and beyond the septic tank then has an excessive amount of 45 and 90 degree bends to get back to the septic tank. Apparently this was done because the Contractors project manager did not know where the septic tank was buried and had the mechanical/plumbing contractor bring the drain out in the wrong location in relation to the location of the septic tank.; Investigator’s Observation: At this jobsite investigation the complainant showed me where the septic drain exits the foundation on the south side of the home and makes numerous turns towards the septic tank located on the east side of the home. See P (3) and P (4). The septic system installation has been approved by Maricopa County Environmental Services. Governing Rule: No Action

Compliant Item 7: Cabinet doors are poorly installed and are falling out of their mounting during normal usage.; Investigator’s Observation: At this jobsite investigation I observed and am able to verify there are 2 pantry door hinges dislodged from the interior mounting surface of the kitchen pantry cabinets. See P (8) and P (9). I am unable to determine how or why the 2 pantry cabinet door hinges are falling out and have no knowledge as to whether or not the cabinet door hinges fell out during normal usage. There is insufficient evidence to substantiate that the cause of the cabinet door hinges falling out of their mounting is the result of the respondent’s poor workmanship. Governing Rule: No Action

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 RCC100 11/18

Compliant Item 8: Bathtub drain does not hold open and has to be forced open to drain tub.; Investigator’s Observation: At this jobsite investigation I observed a bath tub filled with water in the north bathroom. The complainant pulled the tub drain stop and water started to drain. The complainant then removed the tub stop entirely and the bathtub completely drained. See P (6), P (7) and P (16). During this jobsite investigation the bathtub was refilled and then the tub stop was pulled but not removed. The water started to drain slowly and eventually the tub drained. Upon further observation it appears the tub stop gasket prevents water from draining at a normal rate. There is insufficient evidence to substantiate that the cause of the bathtub drain not holding open or has to be forced open to drain is the result of the respondent’s poor workmanship. Governing Rule: No Action

Compliant Item 9: Hardwood flooring makes noise and has slight movement in multiple places suggesting the slab was not properly leveled prior to flooring installation.; Investigator’s Observation: At this jobsite investigation the complainant demonstrated that the hardwood flooring has a hollow sound when walking on it. I did not observe any slight movement while walking on the flooring. The respondent explained that the hardwood flooring is a floating system and is not glued down. I am unable to determine whether or not the slab was not properly leveled prior to the flooring installation. During this jobsite investigation I informed both parties that a floating floor system is designed to expand and contract and the hollow sound is normal. Governing Rule: No Action

Compliant Item 10: Vent hood allows cold air to seep into house when not in use suggesting either no damper is installed or damper does not function properly. ; Investigator’s Observation: At this jobsite investigation the complainant did not demonstrate that the vent hood allows cold air to seep into the home when not in use or if there is a damper installed or not functioning properly. There is insufficient evidence to substantiate that the vent hood allows cold air to seep into the home when not in use or if there is a damper installed or if the damper does not function properly. Governing Rule: No Action

Compliant Item 11: Took a progress payment of $154,000.00 in May of 2022 and then made almost no progress until almost one year later.; Investigator’s Observation: This is a statement made by the complainant that does not imply poor workmanship. Governing Rule: No Action

Compliant Item 12: Plans had been modified to have bathtub in one bedroom and front door moved from kitchen to living room but when construction began these modifications would not have been implemented if we hadn't caught the discrepancies and alerted them to them.; Investigator’s Observation: This is a statement made by the complainant that does not imply poor workmanship. Governing Rule: No Action

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 RCC100 11/18

Compliant Item 13: Additional fill dirt was brought in per County requirements. This fill dirt was full of old rusty nails, large pieces of concrete and asphalt, old defunct irrigation tubing, and other construction debris.; Investigator’s Observation: At this jobsite investigation I observed and am able to verify the top surface of the final grade has a variety of construction debris on the surface. During this jobsite investigation the complainant gathered some of the construction debris. See P (10) thru P (15) and addendum P (7) and P (8). The respondent shall ensure the construction debris is removed by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 14: Based on the obvious incompetence on display throughout the duration of the project, statements made by Zander Diamant (MLCs Qualifying Party), Bios published in multiple local publications, and information contained in the RC-L- 201D Application for a New Qualifying Party, AZROC should investigate the applicants employment experience and employment history. Investigator’s Observation: This is a statement made by the complainant that does not imply poor workmanship. After review with the ROC licensing department I am able to verify the qualifying party for the respondent did not have this title until June 3, 2022 and was only a member of the license at the time of the contract signing May 7, 2021. Governing Rule: No Action

Addendum Complaint Item 1: Programmable battery operated dead bolt at front door does operate properly. Investigator’s Observation: At this jobsite investigation the complainant acknowledged the original dead bolt was removed and replaced by the complainant. Governing Rule: No Action ARS §32-1155 (D) (2) (Modification)

Addendum Complaint Item 2: Power supply from the main service panel to the water distribution pump is not secure. Investigator’s Observation: At this jobsite investigation I observed and am able to verify the power supply from the main service panel to the water distribution pump is not secure and is the wrong size. See addendum P (9). The respondent shall secure the power supply at the main service panel by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Addendum Complaint Item 3: Electrical cover at water supply pump is not outdoor rated. Investigator’s Observation: At this jobsite investigation I observed and am able to verify the electrical cover at the water supply pump in not outdoor rated. See P (17). The respondent shall corrected by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov RCC100 11/18

Addendum Compliant Item 4: There are 3 three cracks in the ceiling drywall, two inside almost directly across from each other, one outside almost dead center over the sliding doors. Investigator’s Observation: At this addendum jobsite investigation I observed and am able to verify there are 2 cracks in the ceiling drywall inside the home at the hallway leading from the kitchen to the south bedroom and another crack outside the home directly above the sliding glass door. See addendum P (3) thru P (6). After this addendum jobsite investigation the complainant sent a video via email showing the outside crack does not have any framing behind the drywall seam by using a nail and pushing the nail into the crack. The respondent shall correct the 2 interior drywall cracks and 1 exterior drywall crack by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov RCC100 11/18

Complainant: John M Pace 17220 E Whitehorn Dr. Rio Verde, AZ 85263

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Respondent: MINIMAL CONSTRUCTION LLC 8280 E Gelding Dr. Suite 104 Scottsdale, AZ 85260

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 March 22, 2024

License No. ROC 334200

Re:Complaint No. 2024-01188

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on Friday April 12, 2024

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

Investigator Notes: 1: During this jobsite investigation the respondent allowed 3 addendum items to be addressed. 2: After this jobsite investigation the complainant submitted an addendum to the complaint related to drywall cracks and an addendum jobsite investigation was conducted on March 13, 2024 at 1:00 pm. The respondent was not present. The additional addendum complaint item will be addressed as Addendum Complaint Item 4. 3: Addendum photos are referred to in some of the complaint item notes and were taken at the addendum jobsite investigation. 4: At this jobsite investigation both parties acknowledged there is a C of O issued but a final inspection has not been completed by the local building authority. This was verified with Maricopa County Planning & Development Department.

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 DIRECTIVE REQUIREMENTS You are directed to remedy the following violations by the appropriate means:

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Compliant Item 13: Additional fill dirt was brought in per County requirements. This fill dirt was full of old rusty nails, large pieces of concrete and asphalt, old defunct irrigation tubing, and other construction debris.; Investigator’s Observation: At this jobsite investigation I observed and am able to verify the top surface of the final grade has a variety of construction debris on the surface. During this jobsite investigation the complainant gathered some of the construction debris. See P (10) thru P (15) and addendum P (7) and P (8). The respondent shall ensure the construction debris is removed by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:

Compliant Item 2: Estimated duration of construction was 180 days. Estimated date of completion was November 2021. We took possession October 28, 2023. Investigator’s Observation: This is a statement made by the complainant that does not imply poor workmanship. Governing Rule: No Action

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Compliant Item 7: Cabinet doors are poorly installed and are falling out of their mounting during normal usage.; Investigator’s Observation: At this jobsite investigation I observed and am able to verify there are 2 pantry door hinges dislodged from the interior mounting surface of the kitchen pantry cabinets. See P (8) and P (9). I am unable to determine how or why the 2 pantry cabinet door hinges are falling out and have no knowledge as to whether or not the cabinet door hinges fell out during normal usage. There is insufficient evidence to substantiate that the cause of the cabinet door hinges falling out of their mounting is the result of the respondent’s poor workmanship. Governing Rule: No Action

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Compliant Item 11: Took a progress payment of $154,000.00 in May of 2022 and then made almost no progress until almost one year later.; Investigator’s Observation: This is a statement made by the complainant that does not imply poor workmanship. Governing Rule: No Action

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

Sincerely,

David Fagerburg David Fagerburg, Investigator #210 602 7716735 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007-2812

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 April 12, 2024 Addendum #2 JSI Photos

27718 N 172nd Place Rio Verde, AZ 85263

P 1 P 2 P 3 P 4 P 5 P 6 P 7 P 8 P 9 P 10 P 11 P 12 P 13 P 14 P 15 P 16 P 17 Katie Hobbs, Governor Martín Quezada, Director

Addendum #2 Jobsite Inspection Notes

Case No.: 2024-01188 Investigator: David Fagerburg #210 Inspection Date: April 12, 2024 Inspection Time: 11:30 AM

Complainant: John Pace Respondent: Minimal Homeowner Construction LLC Not Present: Not Present:

Jobsite General Notes: The respondent was not present at this addendum #2 jobsite investigation Addendum #2 JSI photos taken with my Pixel 6 Pro Cell Phone Addendum #2 JSI audio recorded with my Olympus Digital Voice Recorder model DM- 620. Photos #1 and #2 are of the complainant’s address and residence.

Investigator Notes: 1: An addendum photo is referred to in Addendum #2 Complaint Item 7 and was taken at the first addendum jobsite investigation on March 13, 2024. 2: Correction to the original Written Directive issued March 22, 2024. There has not been a C of O issued or a final inspection completed by the local building authority. This was verified with Maricopa County Planning & Development Department on March 20, 2024. 3: This investigator has visited the property on 3 different occasions and during each visit the smell of sewer gas has been present inside and outside the residence.

Addendum #2 Compliant Item 1: The pressure switch connected to the water system pump is a NEMA 1 (indoor use only) rated device. It needs to be replaced with a NEMA3R (wet location) rated device. Investigator’s Observation: At this jobsite investigation at the water service pump I observed an NEMA 1 pressure switch installed. See P (3) thru P (6). Upon reviewing the ratings for an NEMA 1 pressure switch I am able to verify the switch is not rated for outdoor use or wet locations and an NEMA3R pressure switch is rated for indoor or outdoor use. The respondent shall correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov RCC100 11/18

Addendum #2 Compliant Item 2: Visual inspection of septic tank. Tank to be exposed by owner. Investigator’s Observation: At this jobsite investigation the complainant did not expose the septic tank for a visual inspection. Governing Rule: No Action

Addendum #2 Compliant Item 3: Since adding the three drywall cracks noted in the addendum more have developed and some of the original cracks noted in the addendum have grown. Investigator’s Observation: At this jobsite investigation I observed and am able to verify there is 1 other drywall crack in the family room ceiling. See P (7) and P (8). The respondent shall correct the additional drywall crack one time within the first year by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Addendum #2 Compliant Item 4: There are no arc fault circuit breakers or receptacles installed on the premises even though they are called out in the electrical notes and are required by the NEC. NFPA 70 National Electrical Code Article 210.12 specifies AFCI (Arc Fault CIrcuit Interrupter Protection) Investigator’s Observation: At this jobsite investigation at the main electrical service panel the complainant showed me there are no Arc Fault Circuit Interrupter breakers or receptacles installed on the premises. Upon reviewing the stamped and approved plans on sheet E1.1 Note 12; bedroom circuits, 125v 15-20 amp receptacles shall be protected by Arc Fault Circuit Interrupters (AFCI). The respondent shall comply with the stamped and approved plans and correct by appropriate means. Governing Rule: ARS §32-1154 (A) (2) (A) Departure from or disregard of plans or specifications, ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Addendum #2 Compliant Item 5: Receptacles below countertop on kitchen peninsula and on wall between kitchen sink and cabinet on exterior wall are not GFCI protected and are within 6' of kitchen sink. See NFPA 70 NEC Article 210.8 (B) Investigator’s Observation: At this jobsite investigation I observed and am able to verify the electrical outlet on the west exterior wall below the kitchen countertop and the outlet below the countertop on the kitchen peninsula are both within 6’ of the kitchen sink and are not GFCI outlets or connected to the GFCI outlet located above the kitchen countertop. See P (9) thru P (13). Per 2015 IRC Code E3902.6 Kitchen Receptacles; 125 volt, single phase, 15 and 20 ampere receptacles that serve countertop surfaces shall have ground fault circuit interrupters (GFCI). The respondent shall comply with IRC code E3902.6 and correct by appropriate means. Governing Rule: ARS §32-1154 (A) (2) (B) Departure from or disregard of a building code, ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov RCC100 11/18

Addendum #2 Compliant Item 6: Sheet MP1.1 shows a cleanout at every sink. The north bathroom has one below the vanity but the Master bath (south) does not have one Investigator’s Observation: At this jobsite investigation the complainant showed me where there is a clean out at the north bathroom under the vanity sink and there is not a clean out at the south bathroom under the vanity sink. See P (14) thru P (17). Upon reviewing the stamped and approved plans page MP1.1 I am able to verify there is to be a cleanout at every sink. The respondent shall comply with the stamped and approved plans and correct by appropriate means. Governing Rule: ARS §32-1154 (A) (2) (A) Departure from or disregard of plans or specifications, ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Addendum #2 Compliant Item 7: The cleanout cover under the kitchen sink is screwed directly into the cap of the cleanout. This could be part of the smell issue and if the drain line ever backs up it will almost certainly leak sewage into the house. Investigator’s Observation: At the addendum jobsite investigation I observed and am able to verify the cleanout cover under the kitchen sink is screwed directly into the cap of the cleanout. See addendum P (11). The respondent shall correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Addendum #2 Compliant Item 8: NFPA 70 NEC Article 210.52 Dwelling Unit Receptacle Outlets In every kitchen, family room, dining room, living room, parlor, library, den, sunroom, bedroom, recreation room, or similar room or area of dwelling units, receptacle outlets shall be installed in accordance with the general provisions specified in 210.52(A)(1) through (A)(4). Receptacles shall be installed such that no point measured horizontally along the floor line of any wall space is more than 1.8 m (6 ft) from receptacle outlet. Investigator’s Observation: At this jobsite investigation the complainant showed me where there are not enough outlets installed in the main living area. Per 2015 IRC Code E3901.2.1 Spacing; Receptacles shall be installed so that no point measured horizontally along the floor line of any wall space is more than 6 ft. from a receptacle outlet. The respondent shall comply with IRC code E3901.2.1 and correct by appropriate means. Governing Rule: ARS §32-1154 (A) (2) (B) Departure from or disregard of a building code, ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov RCC100 11/18

Complainant: John M Pace 17220 E Whitehorn Dr. Rio Verde, AZ 85263

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 April 22, 2024

License No. ROC 334200

Re:Complaint No. 2024-01188

AMENDED WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

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).

Addendum #2 Compliant Item 3: Since adding the three drywall cracks noted in the addendum more have developed and some of the original cracks noted in the addendum have grown. Investigator’s Observation: At this jobsite investigation I observed and am able to verify there is 1 other drywall crack in the family room ceiling. See P (7) and P (8). The respondent shall correct the additional drywall crack one time within the first year by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Addendum #2 Compliant Item 5: Receptacles below countertop on kitchen peninsula and on wall between kitchen sink and cabinet on exterior wall are not GFCI protected and are within 6' of kitchen sink. See NFPA 70 NEC Article 210.8 (B) Investigator’s Observation: At this jobsite investigation I observed and am able to verify the electrical outlet on the west exterior wall below the kitchen countertop and the outlet below the countertop on the kitchen peninsula are both within 6’ of the kitchen sink and are not GFCI outlets or connected to the GFCI outlet located above the kitchen countertop. See P (9) thru P (13). Per 2015 IRC Code E3902.6 Kitchen Receptacles; 125 volt, single phase, 15 and 20 ampere receptacles that serve countertop surfaces shall have ground fault circuit interrupters (GFCI). The respondent shall comply with IRC code E3902.6 and correct by appropriate means. Governing Rule: ARS §32-1154 (A) (2) (B) Departure from or disregard of a building code, ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Addendum #2 Compliant Item 8: NFPA 70 NEC Article 210.52 Dwelling Unit Receptacle Outlets In every kitchen, family room, dining room, living room, parlor, library, den, sunroom, bedroom, recreation room, or similar room or area of dwelling units, receptacle outlets shall be installed in accordance with the general provisions specified in 210.52(A)(1) through (A)(4). Receptacles shall be installed such that no point measured horizontally along the floor line of any wall space is more than 1.8 m (6 ft) from receptacle outlet. Investigator’s Observation: At this jobsite investigation the complainant showed me where there are not enough outlets installed in the main living area. Per 2015 IRC Code E3901.2.1 Spacing; Receptacles shall be installed so that no point measured horizontally along the floor line of any wall space is more than 6 ft. from a receptacle outlet. The respondent shall comply with IRC code E3901.2.1 and correct by appropriate means. Governing Rule: ARS §32-1154 (A) (2) (B) Departure from or disregard of a building code, ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

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

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

Sincerely,

David Fagerburg David Fagerburg, Investigator #210 602 7716735 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007-2812

CC: Respondent Complainant

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Complainant: John M Pace 17220 E Whitehorn Dr. Rio Verde, AZ 85263

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: MINIMAL CONSTRUCTION LLC 8280 E Gelding Dr. Suite 104 Scottsdale, AZ 85260

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

C012 12/23 May 15, 2024

Compliance Jobsite Inspection Notice Re: Complaint No. 2024-01188

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for May 22, 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,

David Fagerburg, Investigator #210 (602) 771-6735 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007-2812

CC: Respondent Complainant

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

C012 12/23 David Fagerburg #210

May 22, 2024 - 11:30 AM 2024-01188 CJSI Photos

27718 N 172nd Place Rio Verde, AZ 85263

P 1 P 2 P 3 P 4 P 5 P 6 P 7 P 8 P 9 P 10 P 11 P 12 P 13 P 14 P 15 P 16 P 17 P 18 P 19 Complainant: John M Pace 17220 E Whitehorn Dr. Rio Verde, AZ 85263

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: MINIMAL CONSTRUCTION LLC 8280 E Gelding Dr. Suite 104 Scottsdale, AZ 85260

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.: 2024-01188 Investigator: David Fagerburg Inspection Date: May 22, 2024 Inspection Time: 11:30 AM

Compliance Jobsite General Notes: The respondent was not present at this compliance jobsite investigation CJSI photos taken with my Pixel 6 Pro Cell Phone CJSI audio recorded with my Olympus Digital Voice Recorder model DM-720. Photos #1 and #2 are of the complainant’s address and residence.

Investigator Note: 1: Correction to the original Written Directive issued March 22, 2024. There has not been a C of O issued or a final inspection completed by the local building authority. This was verified with Maricopa County Planning & Development Department on March 20, 2024.

Compliance Findings:

Compliant Item 3: We have been living with the almost constant smell of sewer gas inside and outside of the house since moving in. A sewer drain inspection was done in December of 2023 which revealed a "Tee" fitting in the drain line which comes up in a wall with no plumbing in it and does not terminate through the roof as a vent pipe. Also, sewage will overflow out of this fitting if the drain is ever backed up. Contractor has not acted to fix this health safety issue.; Investigator’s Observation: The complainant stated that there has been no corrective work to resolve the smell of sewer gas inside and outside the home. This investigator has visited the property on 4 separate occasions and the smell of sewer gas was detected during each visit. During this compliance jobsite inspection the smell of sewer gas was not near as prevalent as previously detected. The complainant stated that there has not been much water on this day and the smell is usually more prevalent in the afternoon. Governing Rule: The respondent is not in compliance with the directive.

Compliant Item 5: Sewer drain venting system is not vented properly according to Sewer Time, the company who installed the septic system and inspected the septic tank and drain systems.; Investigator’s Observation: The complainant stated that there has been no corrective work to resolve the inadequate sewer drain venting. Governing Rule: The respondent is not in compliance with the directive.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Compliant Item 13: Additional fill dirt was brought in per County requirements. This fill dirt was full of old rusty nails, large pieces of concrete and asphalt, old defunct irrigation tubing, and other construction debris.; Investigator’s Observation: Prior to this compliance jobsite inspection during an addendum jobsite inspection the complainant stated that the respondent simply raked the surface of the fill dirt. This investigator has visited the property on 4 separate occasions and during each visit I continue to observe various construction debris not related to this project including pieces of tile. See P (5) thru P (8), addendum JSI photos P (7) and P (8) and the initial JSI photos P (10) thru P (15). Governing Rule: The respondent is not in compliance with the directive.

Addendum Complaint Item 2: Power supply from the main service panel to the water distribution pump is not secure. Investigator’s Observation: The complainant stated that there has been no attempt to correct this compliant item. I am able to verify the power supply from the main service panel to the water distribution pump is not secure. See P (9). Governing Rule: The respondent is not in compliance with the directive.

Addendum Complaint Item 3: Electrical cover at water supply pump is not outdoor rated. Investigator’s Observation: The complainant stated that there has been no attempt to correct this compliant item. I am able to verify the electrical cover at water supply pump is not outdoor rated. See P (10). Governing Rule: The respondent is not in compliance with the directive.

Addendum Compliant Item 4: There are 3 three cracks in the ceiling drywall, two inside almost directly across from each other, one outside almost dead center over the sliding doors. Investigator’s Observation: The complainant acknowledged that the respondent made an attempt to correct the 3 ceiling drywall cracks. I am able to verify the drywall repairs are noticeable standing at a normal position in natural light. See P (11) thru P (15). Governing Rule: The respondent is not in compliance with the directive.

Addendum #2 Compliant Item 1: The pressure switch connected to the water system pump is a NEMA 1 (indoor use only) rated device. It needs to be replaced with a NEMA3R (wet location) rated device. Investigator’s Observation: The complainant stated that there has been no attempt to correct this compliant item. I am able to verify the electrical pressure switch connected to the water system pump is a NEMA 1 (indoor use only) rated device and is not outdoor rated. See P (10). Governing Rule: The respondent is not in compliance with the directive.

Addendum #2 Compliant Item 3: Since adding the three drywall cracks noted in the addendum more have developed and some of the original cracks noted in the addendum have grown. Investigator’s Observation: The complainant acknowledged that the respondent made an attempt to correct the 3 ceiling drywall cracks and additional cracks. I am able to verify the drywall repairs are noticeable standing at a normal position in natural light. See P (11) thru P (15). 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: The respondent is not in compliance with the directive. Addendum #2 Compliant Item 4: There are no arc fault circuit breakers or receptacles installed on the premises even though they are called out in the electrical notes and are required by the NEC. NFPA 70 National Electrical Code Article 210.12 specifies AFCI (Arc Fault CIrcuit Interrupter Protection) Investigator’s Observation: The complainant stated that there has been no attempt to correct this compliant item. I am able to verify there are no arc fault circuit breakers or receptacles installed on the premises even though they are called out in the approved plans under electrical notes. Governing Rule: The respondent is not in compliance with the directive.

Addendum #2 Compliant Item 6: Sheet MP1.1 shows a cleanout at every sink. The north bathroom has one below the vanity but the Master bath (south) does not have one Investigator’s Observation: The complainant stated that there has been no attempt to correct this compliant item. I am able to verify there is no clean out at the master bathroom vanity. See P (18) and P (19). Governing Rule: The respondent is not in compliance with the directive.

Addendum #2 Compliant Item 7: The cleanout cover under the kitchen sink is screwed directly into the cap of the cleanout. This could be part of the smell issue and if the drain line ever backs up it will almost certainly leak sewage into the house. Investigator’s Observation: The complainant stated that there has been attempt to correct this compliant item. I am able to verify the cleanout cover under the kitchen sink is screwed directly into the cap of the cleanout. See P (3). Governing Rule: The respondent is not in compliance with the directive.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Addendum #2 Compliant Item 8: NFPA 70 NEC Article 210.52 Dwelling Unit Receptacle Outlets In every kitchen, family room, dining room, living room, parlor, library, den, sunroom, bedroom, recreation room, or similar room or area of dwelling units, receptacle outlets shall be installed in accordance with the general provisions specified in 210.52(A)(1) through (A)(4). Receptacles shall be installed such that no point measured horizontally along the floor line of any wall space is more than 1.8 m (6 ft) from receptacle outlet. Investigator’s Observation: The complainant stated that there has been no attempt to correct this compliant item. I am able to verify there are missing outlets throughout the main living area per 2015 IRC code E3901.2.1 Spacing; Receptacles shall be installed so that no point measured horizontally along the floor line of any wall space is more than 6 ft. from a receptacle outlet. Governing Rule: The respondent is not in compliance with the directive. 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,

David Fagerburg, Investigator #210 (602) 771-6735 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007-2812

CC: Respondent Complainant

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

John M Pace, Case No. 2024-01188 COMPLAINANT, v. MINIMAL CONSTRUCTION LLC CITATION License No. ROC 334200,

RESPONDENT.

The Registrar issues this Citation to MINIMAL CONSTRUCTION LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by June 22, 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 30, 2024, John M Pace (“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)(3) - R4-9-108(a) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Charge :3 A.R.S. § 32-1154(A)(22) Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a reasonable period of time after receiving a written directive from the Registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held.

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

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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 “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2024-01188. 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 June 22, 2024. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). //

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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 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). 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.

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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 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 June 7, 2024. By: /s/ Tedi Quezada Tedi Quezada Legal Assistant Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, June 7, 2024 to:

Respondent Certified Mail No: [number redacted]

MINIMAL CONSTRUCTION LLC 8280 E Gelding Dr. Suite 104 Scottsdale, AZ 85260 Copy mailed by USPS First Class mail this same date to:

Respondent MINIMAL CONSTRUCTION LLC 8280 E Gelding Dr. Suite 104 Scottsdale, AZ 85260

Complainant John M Pace 17220 E Whitehorn Dr. Rio Verde, AZ 85263

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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 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. 2024-01188

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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 3/27/24, 4:14 PM State of Arizona Mail - Addendum to original complaint

David Fagerburg <[email redacted]>

Addendum to original complaint message

johnmpace <[email redacted]> Wed, Mar 27, 2024 at 3:10 PM To: David Fagerburg <[email redacted]>

David, Please see items below I would like added to the original complaint.

The pressure switch connected to the water system pump is a NEMA1 (indoor use only) rated device. It needs to be replaced with a NEMA3R (wet location) rated device.

Complaint item 4: Visual inspection of septic tank. Tank to be exposed by owner.

Since adding the three drywall cracks noted in the addendum, more have developed and some of the original cracks noted in the addendum have grown.

(1) Kitchens (2) Family rooms (3) Dining rooms (4) Living rooms (5) Parlors (6) Libraries (7) Dens

(8) Bedrooms (9) Sunrooms

(10) Recreation rooms

(11) Closets

(12) Hallways

(13) Laundry areas

(14) Similar areas

(5) Rooftops (6) Outdoors

(7) Sinks where receptacles or cord-and-plug-connected fixed or stationary appliances are installed within 1.8 m (6 ft) from the top inside edge of the bowl of the sink (8) Indoor damp or wet locations

I don't want this to be a never ending process. I believe this is everything.

Thanks,

John Pace 505-629-6977 [email redacted]

https://mail.google.com/mail/u/0/?ik=6daa306fe6&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 2/2 2/9/24, 12:37 PM State of Arizona Mail - Contractor Issue - Forbes Construction and Development LLC (ROC 327320)

Joseph Shikany <[email redacted]>

Contractor Issue - Forbes Construction and Development LLC (ROC 327320) message

Jared Amzallag <[email redacted]> Fri, Feb 9, 2024 at 12:11 PM To: "[email redacted]" <[email redacted]>

Hi Joseph,

Please see the list of subcontractors Forbes Construction and Development has stolen from attached to this email.

As I mentioned on our call, he is also actively building a home at 2609 N 81st WayScottsdale, AZ 85257.

Thank you,

Jared Amzallag Co-Founder, Minimal Living Concepts

602-793-2107 minimallivingconcepts.com [email redacted]

IMPORTANT: The contents of this email and any attachments are confidential. They are intended for the named recipient(s) only. If you have received this email by mistake, please notify the sender immediately and do not disclose the contents to anyone or make copies thereof.

Forbes Subcontractor Theft.pdf 1425K

https://mail.google.com/mail/u/0/?ik=d0437b0ec3&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 1/1 2/9/24, 12:24 PM State of Arizona Mail - Fwd: AZ Contractor Theft Issue

Joseph Shikany <[email redacted]>

Fwd: AZ Contractor Theft Issue message

Jeff Wills <[email redacted]> Thu, Feb 8, 2024 at 4:32 PM To: Joseph Shikany <[email redacted]>

Joe,

Will you look over this information while I'm out to see if there is anywhere we can go with this? There is no current complaint and I have asked Mr. Amzallag to file one a couple of times now, you will see that in my email below. He and I did speak about two weeks ago about the same issues. In my opinion, this is much better suited for the civil courts and I did tell him that in our phone conversation. I also asked him if he contacted law enforcement and his answer was-they won't do anything. So I suspect he did not. He wants us to go after Forbes Construction regarding his allegations, but as always, there are two sides to every story so I suspect this was a bad business deal or decision or a relationship that went sideways or maybe it's both. That said, as you know, we do not just start questioning contractors or anyone for that matter based on weak or no evidence.

Please take a look and let me know what you think and again, if you need to reach out to Mr. Amzallag, feel free to do so. I will forward one other email to you that he sent to me earlier today with an attachment of contractors/subs that he states were not paid by Forbes. To my knowledge and through conversation with him, I don't believe any of these contractors have filed no-pay complaints.

Thank you,

Jeff Wills Chief of Compliance Tribal Liaison Arizona Registrar of Contractors 1700 W. Washington St. Ste. 105 Phoenix, AZ 85007 Direct: (602) 771.6891 Cell: (602) 320.9929 Email: [email redacted]

Confidentiality and Nondisclosure Notice: This email message, including any attachments, is for the sole purpose of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and delete and/or destroy all copies of the original message.

---------- Forwarded message --------- From: Jared Amzallag <[email redacted]> Date: Thu, Feb 8, 2024 at 11:57 AM

https://mail.google.com/mail/u/0/?ik=d0437b0ec3&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 1/4 2/9/24, 12:24 PM State of Arizona Mail - Fwd: AZ Contractor Theft Issue Subject: Re: AZ Contractor Theft Issue To: Jeff Wills <[email redacted]> Cc: [email redacted] <[email redacted]>, [email redacted] <[email redacted]>, <[email redacted]>

One of the most important items is that this contractor is still working on projects in the valley, including the address below.

2609 N 81st WayScottsdale, AZ 85257

From what I can see his license was suspended last month, however he is still actively working and starting new projects.

Please see the contracts for the abandoned projects attached as well as a breakdown below for the funds stolen from our business personally. I have already provided an attachment for the separate subcontractors he did not pay for completed work.

I have already submitted reports for abandonment, which are not the proper solution and that is the reason I am reaching out here.

This person needs to be investigated, pursued by the ROC, and stopped from taking advantage of people moving forward.

In my opinion, he should easily make the ROC's most wanted list, especially considering he is now operating with a suspended license and has and extensive track record of fraud.

Job # / Address & Stolen Funds

- 17212 E Whitehorn Dr. Lot B, Rio Verde, AZ 85263: $2,025.00 - Carey - 8040 E Gail Rd., Scottsdale, AZ 85260: $31,295.31 - Telepak - 1780 W Aspen Ave., Gilbert, AZ 85233: $4,887.06 - Parrish - 136 E Tumbleweed Dr., Phoenix, AZ 85085: $24,573.27 - Yost - 11620 N 103rd Place, Scottsdale, AZ 85260: $26,998.24 - Smith - 2151 E Cairo Circle, Tempe, AZ 85282: $28,864.62 - DiPippa - E Evans Dr., Phoenix, AZ 85032: $23,321.73 - St. Amour - 39228 N 21st Ave., Phoenix, AZ 85086: $10,476.31 - Halperin - 1514 E McKinley St., Phoenix, AZ 85006: $5,852.96 - Eubank/Olson - 15002 N 10th Ave., Phoenix, AZ 85023: $32,974.50 Other items and change orders: $2,064.10

Total $193,333.10

CONTRACT_MINIMAL014_ 17212EWHITETHORN_031223 (1) (2).pdf

CONTRACT_MINIMAL050_ 8040EGAIL_032723 (1) (2).pdf

CONTRACT_MINIMAL056_ 136ETUMBLEWEED_040523 (1) (2).pdf CONTRACT_MINIMAL058_ 11620N103RDPLACE_041823 (1) (2).pdf

CONTRACT_MINIMAL059_ 2151ECAIROCIR_042523 (4).pdf CONTRACT_MINIMAL060_ 4564EEVANS_050423 (1) (2).pdf CONTRACT_MINIMAL061_ 39228N21STAVE_062223 (1) (2).pdf

https://mail.google.com/mail/u/0/?ik=d0437b0ec3&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 2/4 2/9/24, 12:24 PM State of Arizona Mail - Fwd: AZ Contractor Theft Issue

CONTRACT_MINIMAL062_ 1514EMCKINLEY_062423 (1) (2).pdf CONTRACT_MINIMAL063_ 15002N10THAVE_071723 (4).pdf

On Thu, Feb 8, 2024 at 10:07 AM Jeff Wills <[email redacted]> wrote: Good Morning Mr. Amzallag,

Thank you for the information and explanation. When we spoke on the phone a couple of weeks ago, I mentioned that the subcontractors/employees who performed work for Forbes Construction and were not paid for their work, would need to file complaints with the ROC for non-payment. I would encourage them to file those complaints and submit their evidence for non-payment as soon as possible. This can be done electronically through our website and on-line portal.

Also, you and I spoke about the evidence you have against Forbes Construction regarding the money they took from you and I don't see any of that information attached.

Since this is separate from the complaints that were filed in the past, please file a complaint through our website portal and submit all of your evidence with the complaint. Once the complaint is received, it will be assigned to an Investigator for review and processing. You can also send me a copy of the information that you submitted and I will review it as well.

Best regards,

Jeff Wills Chief of Compliance Tribal Liaison Arizona Registrar of Contractors 1700 W. Washington St. Ste. 105 Phoenix, AZ 85007 Direct: (602) 771.6891 Cell: (602) 320.9929 Email: [email redacted]

On Thu, Feb 8, 2024 at 8:51 AM Jared Amzallag <[email redacted]> wrote: Hi Team,

I am reaching out to you following up on my previous email.

https://mail.google.com/mail/u/0/?ik=d0437b0ec3&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 3/4 2/9/24, 12:24 PM State of Arizona Mail - Fwd: AZ Contractor Theft Issue

We design and build about 40 new construction projects a year here in Phoenix and have had a massive issue with a ROC Contractor.

Forbes Construction and Development LLC (ROC 327320) abandoned ten of our projects in September of last year for which he was already paid. He did so under the guise that he had gone bankrupt and was filing for bankruptcy.

In doing so, he collected $193,333.10 in funds from us for work he never completed. He also had sub contractors within our network complete $170,576 in work for which he never paid them under the same guise that he was filing for bankruptcy.

Glen Forbes lied, stole from us, and never filed for bankruptcy.

He is actively completing projects in the valley including a spec home located at 2609 N 81st WayScottsdale, AZ 85257.

We filed all of these projects for abandonment with the ROC, however, because we had to continue working to fulfill our own contractual obligations and maintain a construction schedule the ROC deemed that they could not do anything due to the fact that we would be modifying the structures.

Attached you will find a list of all of the subcontractors that Glen Forbes had complete work on our projects and not pay them.

I also have contracts, photos, legal communications, and complete records for all of our projects that Glen Forbes abandoned and stole our money on.

In total, Forbes Construction and Development LLC stole $363,909.10 that we know of and he is still executing several projects in the valley.

My question is how do we stop this person from working and prevent future victims from his operation?

Best,

Jared Amzallag Co-Founder, Minimal Living Concepts

602-793-2107 minimallivingconcepts.com [email redacted]

Jared Amzallag P 602-793-2107 E [email redacted]

https://mail.google.com/mail/u/0/?ik=d0437b0ec3&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 4/4 17212 E WHITETHORN DR LOT B, RIO VERDE, AZ 85263 R

One Source, One Solution 602.258.0429

SQUARE FOOTAGE CALCS. SHEET INDEX HEATED SHT. # SHEET TITLE C1.1 COVER SHEET

ALLEN RESIDENCE A1.1 MAIN LEVEL FLOOR PLAN A2.1 EXTERIOR ELEVATIONS TOTAL LIVABLE A3.1 ROOF PLANS A4.1 BUILDING SECTIONS NON-HEATED D1.1 FRAMING DETAILS D1.2 FRAMING DETAILS E1.1 ELECTRICAL PLAN MP1.1 PLUMBING ISOMETRIC C1 GRADING & DRAINAGE PLOT PLAN C2 GRADING & DRAINAGE PLOT PLAN GSN STRUCTURAL NOTES FOOTPRINT: 1334 S1.1 STRUCTURAL PLANS SD0 STRUCTURAL DETAILS SD1 STRUCTURAL DETAILS

FRONT ELEVATION

DWELL DEN

MARICOPA, ARIZONA

C1.1 KEY NOTES

” FIXTURE LEGEND KITCHEN

” ” ” ” ” R

One Source, One Solution 602.258.0429

’ BATH

MAIN LEVEL NOTED FLOOR PLAN BATH

MECH. / PLUMB.

” BEDROOM 1 BATH A LIVING A A4.1 A4.1 BEDROOM 2 GENERAL NOTES

ENTRY

B A4.1 WALL LEGEND

FRAMED DEN FLOOR PLAN 1044 ( SQ. FT.)

DWELL DEN ’

’

MARICOPA, ARIZONA

A1.1 ELEVATION NOTES

One Source, One Solution 602.258.0429

FRONT ELEVATION

EXTERIOR ELEVATIONS REAR ELEVATION

DWELL DEN RIGHT ELEVATION LEFT ELEVATION

MARICOPA, ARIZONA

A2.1 R

One Source, One Solution 602.258.0429

ROOF FRAMING PLAN ROOF FRAMING PLAN

DWELL DEN

MARICOPA, ARIZONA

A3.1 KEY NOTES

One Source, One Solution 602.258.0429

GENERAL NOTES

FRAMING SECTION 'B-B'

FRAMING SECTIONS FRAMING SECTION 'B-B'

DWELL DEN

MARICOPA, ARIZONA

A4.1 R

One Source, One Solution 602.258.0429

EXTERIOR

CONT. FOOTING AT EXT. WALL 17 EXT. DOOR - CONC. THRESHOLD DETAIL SLIDING GLASS DOOR HEAD 9 EXTERIOR WINDOW HEAD TRIM 5 WEEP SCREED AT STUCCO 1

ARCHITECTURAL DETAILS CONT. FOOTING AT EXT. OPENING 18 WOOD HEADER FRAMING 14 SLIDING GLASS DOOR JAMB TRIM 10 EXTERIOR WINDOW JAMB TRIM 6

NOTE

FRAMING

POST AT EXT. WALL FOOTING 19 PARTITION WALL AT EXTERIOR WALL 15 SLIDING GLASS DOOR THRESHOLD 11 EXTERIOR WINDOW SILL TRIM 7

DWELL DEN

NOTE MARICOPA, ARIZONA

NOTE

D1.1 SLAB CONDITION DETAIL 20 TYPICAL EXTERIOR CORNER 16 VENT THROUGH ROOF 12 UNDERLAYMENT DETAIL 8 TYPICAL MOISTOP INSTALL 4 R

One Source, One Solution 602.258.0429

SCUPPER AT PARAPET 8 PARAPET 5 WEEP SCREED DETAIL 1

STEP 1

ARCHITECTURAL DETAILS NOTE

WALL FINISH APPLICATION DETAIL 2 STEP 2

FRAMING STEP 3

INSIDE CORNER FLASHING 6 EXTERIOR CORNER DETAIL 3

DWELL DEN

MARICOPA, ARIZONA

NOTE

D1.2 SCUPPER DETAIL 7 WOOD BEAM AT WOOD POST 4 GENERAL INFORMATION LOAD CALCULATION SCHEDULE

One Source, One Solution 602.258.0429

78.1

NEW SUB PANEL SCHEDULE

ELECTRICAL SYMBOLS

SWITCH PLATE AND OUTLET HEIGHTS

ELECTRICAL PLAN NOTE:

ONE LINE DIAGRAM (STANDARD W/ OPT. SUB-PANEL)

DEN ELECTRICAL PLAN

NOTE:

DWELL DEN NOTE:

MARICOPA, ARIZONA

E1.1 WATER METER CALCS. AS PER TABLE P2903.6 2012 IRC

TYPE OF No. of FIXTURE FIXTURE FIXTURE FIXTURES UNIT VALUE UNITS

One Source, One Solution 602.258.0429

TOTAL FIXTURE UNITS = 8.9

NOTES:

WASTE ISOMETRIC DEN WASTE ISOMETRIC

DWELL DEN

MARICOPA, ARIZONA

MP1.1 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

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

John Pace ROC 327204 Mailing Address (Enter jobsite in Contract/Project section) City State Zip

17220 E Whitehorn Dd Rio Verde Arizona 85263 Phone Number Email

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

Street Address of Attorney City State Zip

Phone Number of Attorney Email of Attorney

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

MINIMAL CONSTRUCTION LLC ROC 334200 Street Address City State Zip

Phone Number Email

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

Zander Diamant Jared Amzallag Contract/Project Information Contract Date Contract Amount Amount Paid

May 7, 2021 $248,742.00 $338,000.00 Date Work Started Date Work Stopped Date Work Was Completed

October 10, 2022 October 23, 2023 October 23, 2023 Close of Escrow (New Home) Move-In Date (New-Home)

October 28, 2023 Jobsite Street Address City State Zip

17220 E Whitehorn Dr Rio Verde AZ 85263 Name of Construction Site Owner Construction Site Name (if applicable)

John Pace 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 Have you filed a complaint in court? No Has any work been corrected? No

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

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

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

Breach of contract. JKC construction left the partnership before construction commenced and we were never informed of this. ; Estimated duration of construction was 180 days. Estimated date of completion was November 2021. We took possession October 28, 2023.; We have been living with the almost constant smell of sewer gas inside and outside of the house since moving in. A sewer drain inspection was done in December of 2023 which revealed a "Tee" fitting in the drain line which comes up in a wall with no plumbing in it and does not terminate through the roof as a vent pipe. Also, sewage will overflow out of this fitting if the drain is ever backed up. Contractor has not acted to fix this health safety issue.; As part of the initial inspection of the septic system the septic tank was found to be partially crushed. This was determined in either November or December of 2023. Contractor has not acted to fix this issue.; Sewer drain venting system is not vented properly according to Sewer Time, the company who installed the septic system and inspected the septic tank and drain systems.; The septic system drain exits the slab at a right angle to and beyond the septic tank then has an excessive amount of 45 and degree bends to get back to the septic tank. Apparently this was done because the Contractors project manager did not know where the septic tank was buried and had the mechanical/plumbing contractor bring the drain out in the wrong location in relation to the location of the septic tank.; Cabinet doors are poorly installed and are falling out of their mounting during normal usage.; Bathtub drain does not hold open and has to be forced open to drain tub.; Hardwood flooring makes noise and has slight movement in multiple places suggesting the slab was not properly leveled prior to flooring installation.; Vent hood allows cold air to seep into house when not in use suggesting either no damper is installed or damper does not function properly. ; Took a progress payment of $154,000.00 in May of 2022 and then made almost no progress until almost one year later.; Plans had been modified to have bathtub in one bedroom and front door moved from kitchen to living room but when construction began these modifications would not have been implemented if we hadn't caught the discrepancies and alerted them to them.; Additional fill dirt was brought in per County requirements. This fill dirt was full of old rusty nails, large pieces of concrete and asphalt, old defunct irrigation tubing, and other construction debris.; Based on the obvious incompetence on display throughout the duration of the project, statements made by Zander Diamant (MLCs Qualifying Party), Bios published in multiple local publications, and information contained in the RC-L-201D Application for a New Qualifying Party, AZROC should investigate the applicants employment experience and employment history.

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

John Pace \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 DocuSign Envelope ID: C35AF78B-4AEF-4869-AFA1-1F82A36F6204 DocuSign Envelope ID: C35AF78B-4AEF-4869-AFA1-1F82A36F6204 DocuSign Envelope ID: C35AF78B-4AEF-4869-AFA1-1F82A36F6204 DocuSign Envelope ID: C35AF78B-4AEF-4869-AFA1-1F82A36F6204 DocuSign Envelope ID: C35AF78B-4AEF-4869-AFA1-1F82A36F6204 DocuSign Envelope ID: C35AF78B-4AEF-4869-AFA1-1F82A36F6204 DocuSign Envelope ID: C35AF78B-4AEF-4869-AFA1-1F82A36F6204 DocuSign Envelope ID: C35AF78B-4AEF-4869-AFA1-1F82A36F6204 DocuSign Envelope ID: C35AF78B-4AEF-4869-AFA1-1F82A36F6204 DocuSign Envelope ID: C35AF78B-4AEF-4869-AFA1-1F82A36F6204 DocuSign Envelope ID: C35AF78B-4AEF-4869-AFA1-1F82A36F6204

Jared Amzallag

3/13/2023 DocuSign Envelope ID: 3E645345-AEFE-4229-A230-8951E55C11F6 DocuSign Envelope ID: 3E645345-AEFE-4229-A230-8951E55C11F6 DocuSign Envelope ID: 3E645345-AEFE-4229-A230-8951E55C11F6 DocuSign Envelope ID: 3E645345-AEFE-4229-A230-8951E55C11F6 DocuSign Envelope ID: 3E645345-AEFE-4229-A230-8951E55C11F6 DocuSign Envelope ID: 3E645345-AEFE-4229-A230-8951E55C11F6 DocuSign Envelope ID: 3E645345-AEFE-4229-A230-8951E55C11F6 DocuSign Envelope ID: 3E645345-AEFE-4229-A230-8951E55C11F6 DocuSign Envelope ID: 3E645345-AEFE-4229-A230-8951E55C11F6 DocuSign Envelope ID: 3E645345-AEFE-4229-A230-8951E55C11F6 DocuSign Envelope ID: 3E645345-AEFE-4229-A230-8951E55C11F6

Jared Amzallag

3/28/2023 DocuSign Envelope ID: EEEE51D7-5773-4116-A644-FD2F72427DDE DocuSign Envelope ID: EEEE51D7-5773-4116-A644-FD2F72427DDE DocuSign Envelope ID: EEEE51D7-5773-4116-A644-FD2F72427DDE DocuSign Envelope ID: EEEE51D7-5773-4116-A644-FD2F72427DDE DocuSign Envelope ID: EEEE51D7-5773-4116-A644-FD2F72427DDE DocuSign Envelope ID: EEEE51D7-5773-4116-A644-FD2F72427DDE DocuSign Envelope ID: EEEE51D7-5773-4116-A644-FD2F72427DDE DocuSign Envelope ID: EEEE51D7-5773-4116-A644-FD2F72427DDE DocuSign Envelope ID: EEEE51D7-5773-4116-A644-FD2F72427DDE DocuSign Envelope ID: EEEE51D7-5773-4116-A644-FD2F72427DDE DocuSign Envelope ID: EEEE51D7-5773-4116-A644-FD2F72427DDE

Jared Amzallag

4/11/2023 DocuSign Envelope ID: CEBB6E0E-456B-415B-B487-04B5F8390864 DocuSign Envelope ID: CEBB6E0E-456B-415B-B487-04B5F8390864 DocuSign Envelope ID: CEBB6E0E-456B-415B-B487-04B5F8390864 DocuSign Envelope ID: CEBB6E0E-456B-415B-B487-04B5F8390864 DocuSign Envelope ID: CEBB6E0E-456B-415B-B487-04B5F8390864 DocuSign Envelope ID: CEBB6E0E-456B-415B-B487-04B5F8390864 DocuSign Envelope ID: CEBB6E0E-456B-415B-B487-04B5F8390864 DocuSign Envelope ID: CEBB6E0E-456B-415B-B487-04B5F8390864 DocuSign Envelope ID: CEBB6E0E-456B-415B-B487-04B5F8390864 DocuSign Envelope ID: CEBB6E0E-456B-415B-B487-04B5F8390864 DocuSign Envelope ID: CEBB6E0E-456B-415B-B487-04B5F8390864

Jared Amzallag

4/20/2023 DocuSign Envelope ID: 7F04B87D-22B7-4AAE-9A17-C60B1AF558D3 DocuSign Envelope ID: 7F04B87D-22B7-4AAE-9A17-C60B1AF558D3 DocuSign Envelope ID: 7F04B87D-22B7-4AAE-9A17-C60B1AF558D3 DocuSign Envelope ID: 7F04B87D-22B7-4AAE-9A17-C60B1AF558D3 DocuSign Envelope ID: 7F04B87D-22B7-4AAE-9A17-C60B1AF558D3 DocuSign Envelope ID: 7F04B87D-22B7-4AAE-9A17-C60B1AF558D3 DocuSign Envelope ID: 7F04B87D-22B7-4AAE-9A17-C60B1AF558D3 DocuSign Envelope ID: 7F04B87D-22B7-4AAE-9A17-C60B1AF558D3 DocuSign Envelope ID: 7F04B87D-22B7-4AAE-9A17-C60B1AF558D3 DocuSign Envelope ID: 7F04B87D-22B7-4AAE-9A17-C60B1AF558D3 DocuSign Envelope ID: 7F04B87D-22B7-4AAE-9A17-C60B1AF558D3

Jared Amzallag

5/11/2023 DocuSign Envelope ID: 6844AB66-819A-4315-ADAF-884E85391934 DocuSign Envelope ID: 6844AB66-819A-4315-ADAF-884E85391934 DocuSign Envelope ID: 6844AB66-819A-4315-ADAF-884E85391934 DocuSign Envelope ID: 6844AB66-819A-4315-ADAF-884E85391934 DocuSign Envelope ID: 6844AB66-819A-4315-ADAF-884E85391934 DocuSign Envelope ID: 6844AB66-819A-4315-ADAF-884E85391934 DocuSign Envelope ID: 6844AB66-819A-4315-ADAF-884E85391934 DocuSign Envelope ID: 6844AB66-819A-4315-ADAF-884E85391934 DocuSign Envelope ID: 6844AB66-819A-4315-ADAF-884E85391934 DocuSign Envelope ID: 6844AB66-819A-4315-ADAF-884E85391934 DocuSign Envelope ID: 6844AB66-819A-4315-ADAF-884E85391934

Jared Amzallag

6/23/2023 DocuSign Envelope ID: 8B127A2E-7FAC-4AA3-B829-9D9C4409EC79 DocuSign Envelope ID: 8B127A2E-7FAC-4AA3-B829-9D9C4409EC79 DocuSign Envelope ID: 8B127A2E-7FAC-4AA3-B829-9D9C4409EC79 DocuSign Envelope ID: 8B127A2E-7FAC-4AA3-B829-9D9C4409EC79 DocuSign Envelope ID: 8B127A2E-7FAC-4AA3-B829-9D9C4409EC79 DocuSign Envelope ID: 8B127A2E-7FAC-4AA3-B829-9D9C4409EC79 DocuSign Envelope ID: 8B127A2E-7FAC-4AA3-B829-9D9C4409EC79 DocuSign Envelope ID: 8B127A2E-7FAC-4AA3-B829-9D9C4409EC79 DocuSign Envelope ID: 8B127A2E-7FAC-4AA3-B829-9D9C4409EC79 DocuSign Envelope ID: 8B127A2E-7FAC-4AA3-B829-9D9C4409EC79 DocuSign Envelope ID: 8B127A2E-7FAC-4AA3-B829-9D9C4409EC79

Jared Amzallag

6/26/2023 DocuSign Envelope ID: AD73FD0D-6CB7-465C-BC97-0D4F75433175

DEN AZ LLC

PROPOSAL/CONTRACT

Date: 05-07-2021

Project: Customer: Firm: DEN AZ LLC Site Address: Name: John & Corinne Allen Provide planning, labor, Address: 17212 E 17212 E Whitethorn Dr, Rio and material, and Whitethorn Dr, Rio Verde, Verde, AZ 85263 construction for complete AZ 85263 Two Bedroom Den Unit. Phone: [number redacted] Email: [email redacted]

Scope of Work and Specifications to which this proposal applies: DEN AZ LLC ( “Den”) will provide and facilitate the product sale of a 1,044 square foot dwelling unit (1,330 square foot footprint) complete with appropriate site work, septic, water cistern, and foundation. Joshua Kattau Construction LLC (JKC), The Contractor, will provide all necessary labor, materials, and equipment required to supply, construct, furnish, install, and complete work in strict accordance with this Document and is limited to, the following items:

1. Provide all labor and materials for complete construction of two bedroom unit, appropriate grading and foundation, utility connections, and in-scope elements necessary for the move-in-ready product itself. 2. Provide labor and documentation for project permitting including lot studies, civil, geotechnical, and architectural items or documentation. 3. Provide labor and materials for project site work. 4. Scope and materials further specified within "Spec Sheet” and “Schedule” to be agreed upon with Customer throughout design and planning meetings. SCHEDULE

This proposal is based on starting work within 5 days with continuous work thereafter, for duration of 150 Days. No cost escalation allowances have been included to accommodate a delayed start, or an overall duration increase in the project. Should either of these occur within mutual agreement of Customer and JKC or Den, the contract price will be adjusted to account for the increase in labor and material costs. Prior to commencing work, a mutually agreed-upon schedule of activities shall be prepared and adhered to by all parties. Any changes and deviation from the contract or the scope of work and specifications must be mutually agreed-upon in writing and signed by the parties hereto, and shall be evaluated for possible costs impact and/or time extensions. JKC or Den shall not be liable for any damages, losses, claims, complaints, expenses or costs resulting from unforeseen delays in job completion, or job rescheduling that are not directly caused by JKC or Den willful and intentional actions.

Job Specific Qualifications and Exclusions:

JKC will furnish and maintain safety measures required for the prosecution of its own work, only while that work is underway in a given area of the job.

All major Furniture, Fixtures, and Equipment to be installed on the project are included in “Spec Sheet”

Standard Exclusions and Guidelines:

! Terms and Conditions: JKC and Customer agree as follows:

JKC’s scope of work and the specifications (“Work”) under this Agreement shall be expressly limited to that scope of work and by the exclusions identified either in the bid proposal set

2625 East Camelback Rd Phoenix, AZ 85016 | 602.793.2107 ROC #326305 Initials: ________ DocuSign Envelope ID: AD73FD0D-6CB7-465C-BC97-0D4F75433175

DEN AZ LLC

forth above or exhibit attached hereto and incorporated herein by this reference, as modified by any subsequent written and executed change orders prescribed below. Only such Work as is specifically designated to be furnished is included in this Agreement. This Agreement supersedes all previous proposals and agreements, whether oral or written.

The Work undertaken in this Agreement may only be amended by a written change order signed by JKC and the Customer (“Change Order”). In the event of a Change Order, JKC shall be entitled to be paid by Customer the amount of material and labor costs incurred along with any taxes or surcharges of any kind thereon paid by JKC plus reasonable overhead and profit in the amount of twenty percent (20%) of the cost thereof. All Change Orders must be executed before the work set forth therein shall commence. All Change Orders shall be paid by Customer immediately upon completion of the work set forth in the Change Order and notification to the Customer thereof. No such other or further application for payment of the work set forth in the Change Order shall be required of the JKC to secure such payment. In the event payment for a Change Order is not made within three (3) days following completion and notification thereof, the JKC may in its discretion cease all Work on the project until it is paid

The commencement of the Work is anticipated at an agreed upon date yet to be determined by home owner. The estimated date of completion of the Work is November 2021, or the estimated duration of the work is 180 Days.

The Work shall be deemed to be Substantially Complete when the Work or designated portion thereof is sufficiently complete in accordance with the contracted-for work so that the Customer can occupy or utilize the Work for its intended use.

In exchange for Den product and JKC’s performance of the Work, Customer shall pay Den, in addition to sums due pursuant to the Change Orders, Final Design Selections, and Actual Square Footage the sum of $248,742.00. Or $234,000.00 + $14,742.00 tax.

(“Contract Sum”) payable to Den as follows:

$10,000.00 or: for (“Deposit”) with Den within five (5) days of signing this Agreement. $119,371.00 or 50%: upon permits first review and comments from permitting municipality. $95,496.80 or 40%: upon framing completion. $23,874.20 or 10%: upon project completion.

No retention monies shall be withheld by Customer. Customer shall provide written notice to Den of any dispute regarding Den’s right to payment on an application or any portion thereof within five (5) days of Customer’s receipt of an application. Final balance and all change orders shall be due and paid in full from Customer to Company when the Work is deemed to be Substantially Complete. No refunds shall be made available for collected funds, as collected funds are dedicated to execute work, order materials, and complete work items throughout the payment schedule.

Customer shall notify Den of any alleged default in writing and allow Den reasonable time to inspect alleged deficiency and make corrections before incurring costs chargeable to Den. No back charge by Customer against Den shall be enforceable or valid except as agreed to in advance and in writing by Den. Den shall have 10 business days after written notice from Owner to correct any defaults, breeches or any other deficiency related to this Contract, except those involving safety or security which require immediate attention.

Any form or Contract language where Den or Contractor appears to release any parties is hereby qualified by the following language, whether or not Den or the Contractor specifically adds the language: "This release is conditional upon and will apply only to work for which payment has been received in full by Den and Contractor and does not apply to retention, unbilled changes, claims which have been asserted in writing or which have not yet become known to Den and

2625 East Camelback Rd Phoenix, AZ 85016 | 602.793.2107 ROC #326305 Initials: ________ DocuSign Envelope ID: AD73FD0D-6CB7-465C-BC97-0D4F75433175

DEN AZ LLC

Contractor”. Additionally, Den or Contractor shall not be required to pay for worked performed prior to receiving payment for said Work from Contractor.

Den and JKC’s obligation to indemnify, defend and hold harmless any party shall be only to the extent and in proportion that Contractor or its employees, its agents, its subcontractors and material men of any tier have caused the incident creating the need for indemnification.

Den or JKC shall not be liable for the designs, plans or specifications of others including but not limited to issues relating to codes, regulations, rules, and the "completeness" of said designs, plans and specifications.

Den or JKC shall not be liable for any unknown, concealed or underground conditions encountered during the performance of the Work.

Den and JKC shall make a reasonable review of the preceding work by others and notify Owner of any discrepancies discovered, but shall not be responsible or liable for any defect or damages due to work of others.

If Den or JKC have not been paid within 45 days of performance of proper work, Den and JKC shall have the right to stop all work on the project until such payment has been received. Payments not received when due from Customer shall bear interest at the rate of 1.5% per month from the date due until paid in full. All costs and attorneys’ fees incurred by Den and JKC in collection of sums do it by Customer, shall be paid by Customer at the time the past due sums are remitted.

To the extent applicable, JKC shall install all product and material to capture manufacturer’s warranty. Each Manufacturer’s warranty is given solely by the manufacturer and is subject to the manufacturer’s terms and conditions. Den and JKC make no representations regarding the coverage provided by any manufacturer’s warranty or as to the coverage provided therein for any claims made. Den and JKC shall have no obligation, duty or liability in the event manufacturer wrongfully disclaims or fails to honor its warranty. Den and JKC warrants to Customer that it will undertake necessary remedial actions so that its work will be free from defects in workmanship for a period of one (1) year from the date of Substantial Completion.

Den and JKC hereby disclaim all liability for any consequential damages and economic losses arising out of or relating to this Agreement and shall not be liable for any incidental, consequential, punitive or special damages, including without limitation, claims for lost profits sustained by Customer or any third-party.

In the event Customer terminates this Agreement at any stage, including before Work has commenced, Den shall retain the Deposit and Customer shall also reimburse Den and JKC’s actual costs for all materials, labor, or mobilization costs incurred in relation to this Agreement, as well as reasonable overhead and profit associated therewith of twenty (20%) percent within seven (7) days of receipt of Contractor’s invoice or application for payment.

Customer, Den, and JKC agree that this Agreement is the result of mutual, arm’s length negotiation and that the terms and provisions herein shall be construed according to their fair plain meanings. No provision shall be construed against Den or JKC as drafter of the Agreement.

No alterations to the proposal or contract shall be made unless agreed to in writing by Den. No credit or allowance will be made for alterations except as have been consented to in writing by Den.

Den and JKC assume no risk for unknown, latent, or unforeseen conditions not evident from the site inspection, plans, drawings, specifications, conditions that become evident in the course of the Work, or other information provided to Den. Unforeseen conditions shall be billed as time and material plus reasonable overhead and profit in the amount of twenty percent (20%) of the cost

2625 East Camelback Rd Phoenix, AZ 85016 | 602.793.2107 ROC #326305 Initials: ________ DocuSign Envelope ID: AD73FD0D-6CB7-465C-BC97-0D4F75433175

DEN AZ LLC

thereof, as set forth in a duly executed Change Order.

Den and JKC shall be entitled to equitable adjustments of the contract price, including but not limited to any increased costs of labor, supervision, equipment or materials, and reasonable overhead and profit, for any modification of the project schedule differing from the bid schedule, and for any other delays, acceleration, out-of-sequence work and schedule changes beyond its reasonable control, including but not limited to those caused by labor unrest, fires, floods, acts of nature or government, wars, embargoes, vendor priorities and allocations, transportation delays, suspension of work for non-payment or as ordered by Customer, or other delays caused by Customer or others. Should work be delayed by any of the aforementioned causes for a period exceeding seventy-five (75) days, Den or JKC shall be entitled to terminate the contract. JKC change orders must be processed in not more than three (3) days or as otherwise indicated on the change order. JKC may also claim damages for cumulative impact of multiple changes on its and its subcontractors’ efficiency. Except as specifically required by the work and specifications included in this bid proposal, Customer shall furnish all temporary site facilities, including but not limited to site access, storage space, security, parking, drinking water and other water facilities, electrical service, weather protection, fire protection. In the event any term or provision of this Agreement is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, that provision shall be struck from this Agreement and shall not affect the legality, enforceability, or validity of the remaining provisions of this Agreement. This Agreement shall be governed by the laws of the State of Arizona.

In the event JKC records a mechanic’s and material man’s lien (“lien”) to secure or enforce the payment for any portion of the Work, Customer agrees to pay lien, without demand required therefor, all actual attorneys’ fees and costs incurred by Den or JKC in such proceedings, including preparation of the lien, preparation of a lawsuit to foreclose the lien, the prosecution of the lien l lawsuit, plus interest thereon at the rate of twelve (12%) percent per annum until reimbursed in full. Customer further agrees to have the foregoing terms for payment of attorneys’ fees and costs included in any judgment Den or JKC secures against the Customer that arises from a lien action.

In the event litigation arises out of or related to this Agreement, the performance of the Work contemplated herein, or Den’s payment or non-payment thereon, the parties agree that the prevailing party in such action shall be entitled to an award and to recover its actual attorneys’ fees and costs, including, without limitation, any expert fees, from the non- prevailing party and to have such attorneys’ fees and costs included in a judgment. Such fees and costs shall accrue interest at the rate of twelve (12%) per annum, until paid in full. The venue of such an action shall be a court of competent jurisdiction in Maricopa County, Arizona.

This Agreement, along with any exhibits, appendices, addenda, schedules and amendments hereto, comprise the entire Agreement of the parties and supersedes all previous understandings and agreements between the parties, whether oral or written. The parties hereby acknowledge and represent that they have not relied on any representation, assertion, guarantee, warranty, collateral contract or other assurance, except those set out in this Agreement, made by or on behalf of any other party or any other person or entity whatsoever, prior to the execution of this Agreement. The parties hereby waive all rights and remedies at law or in equity, arising or which may arise as the result of a party’s reliance on such representation, assertion, guarantee, warranty, collateral contract or other assurance, provided that nothing herein contained shall be construed as a restriction or limitation of said party’s right to remedies associated with the gross negligence, willful misconduct or fraud of any person or party taking place prior to, or contemporaneously with, the execution of this Agreement.

In the event of any conflict in the terms of the bid proposal and the terms of the documents

2625 East Camelback Rd Phoenix, AZ 85016 | 602.793.2107 ROC #326305 Initials: ________ DocuSign Envelope ID: AD73FD0D-6CB7-465C-BC97-0D4F75433175

DEN AZ LLC

comprising the final Agreement, the terms of the bid proposal shall control. Neither party shall assign the Agreement, in whole or in part, without the written consent of the other party. Such consent shall not be unreasonably withheld.

JKC shall not be required to name additional insureds to its general liability policy, nor to waive subrogation for claims covered by workers’ compensation or commercial general liability insurance. JKC shall be required to maintain insurance with coverage and limits only as provided by its existing insurance program evidenced by its certificate of insurance, a copy of which is available upon request.

The Property owner has the right to file a written complaint with the registrar of contractors for an alleged violation of A.R.S. §32-1154 (A). The registrar’s phone number is 602.542.1525 and website address is www.roc.az.gov. Complaints must be made within the applicable time period as set forth in A.R.S. §32-1155(A).

At Den’s discretion, this contract may not be honored unless a deposit has been provided and both parties have signed this Agreement within 10 days of the 7th day of May 2021. 5/7/2021 In Witness Hereof, this Agreement is entered on date: .

Customer DEN AZ LLC

Sign Sign John Pace or Corinne Allen Jared Amzallag Print Print ____________________

Josh Kattau Construction LLC

Sign Josh Kattau Print

2625 East Camelback Rd Phoenix, AZ 85016 | 602.793.2107 ROC #326305 Initials: ________ DocuSign Envelope ID: 3EC17888-E4B1-4649-9F6E-820C39B95262

Minimal Construction LLC, (Formerly Den Construction LLC) Change Order Agreement

Project Address: 17212 E Whitethorn Dr LOT B, Rio Verde, AZ 85263

Client: Jon & Corinne Allen

Contractor: Minimal Construction LLC, ROC 334200

Contractor: Minimal Construction, LLC

The Project-Specific Agreement related to the Project is changed as follows:

Due to economic conditions outside of our control, costs of materials and labor have increased resulting in an increased overall cost of construction.

Change order includes the following items added to project scope:

● Contractor/Company will no longer be responsible for project electric.

Change order includes the following assumptions: ● $5,000 allowance for water cistern material & labor

The original price to be paid by client was: $ 248,000.00

The net change by previously authorized Change Orders: $ 0

The price to be paid to Contractor prior to this Change Order was: $ 248,000.00

The price to be paid to Contractor will be (increased) (decreased) (unchanged) by this Change Order in the amount of: $ 89,933.37

The new price to be paid to Contractor including this Change Order will be: $ 337,933.37

This Change Order will adjust the pay schedule as follows:

Client Initials:_________ Total: $337,933.37 DocuSign Envelope ID: 3EC17888-E4B1-4649-9F6E-820C39B95262

$10,000.00 Downpayment (PAID) $15,000.00 Material Order (PAID) $4,000.00 Planning (PAID) $154,466.68 Construction Invoice One - Start of construction $61,786.67 Construction Invoice Two - Completion of framing $61,786.67 Construction Invoice Three - Completion of drywall $30,893.34 Final Construction Invoice - Certificate of occupancy

This Change Order will increase the Time for Completion by N/A days.

Contract not valide until signed by client and contractor.

Client Contractor

______________________________ ______________________________ Signature Signature John & Corrine Allen ______________________________ ______________________________ Print Name Print Name

______________________________ 6/14/2022 ______________________________ Date Date

Client Initials:_________ 3/8/24, 4:04 PM State of Arizona Mail - Fwd: Forbes construction

David Fagerburg <[email redacted]>

Fwd: Forbes construction message

David Fagerburg <[email redacted]> Fri, Mar 8, 2024 at 3:52 PM To: Jared Amzallag <[email redacted]>

Jared,

Please see the email received from the complainant today with addendum items. As required I will schedule an addendum jobsite inspection for Wednesday March 13, 2024 at 1:00 pm.

Respectfully,

---------- Forwarded message --------- From: johnmpace <[email redacted]> Date: Fri, Mar 8, 2024 at 11:30 AM Subject: Re: Forbes construction To: David Fagerburg <[email redacted]>

Thanks for the clarification David. Not sure how I missed that.

Also, please see the attached photos. There are three cracks in the ceiling drywall, two inside almost directly across from each other, one outside almost dead center over the sliding doors.This issue was not included in my original complaint because the damage had not occurred yet, or I didn't notice it at the time of the complaint. Instead of filing another complaint, I've sent these photos to MLC to give them the opportunity to address them first.

I'll do my best not to inundate you with ongoing issues. I'm sure you're very busy and I don't envy you having to referee scenes like we had here Wednesday.

Thanks,

John Pace All Systems Go License # 358654 505-629-6977 [email redacted]

On Thu, Mar 7, 2024 at 3:46 PM David Fagerburg <[email redacted]> wrote: The link provided shows ROC 329546 Forbes Fabricators Inc. which is currently suspended as of 2-22-2023. The Qualifying Party is Mark Forbes. ROC 327320 Forbes Construction and Development LLC is currently suspended as of 1-5-2024. The Qualifying Party is Glen Forbes. ROC 327320 is the license listed on the complaint filed by Minimal Construction LLC.

Respectfully,

On Thu, Mar 7, 2024 at 12:58 PM johnmpace <[email redacted]> wrote: David, On what date was Forbes license suspended? I'm not sure but it appears from the AZROC link below that the license was suspended on 02/22/2023. If this is correct then they were under suspension when they were still here working on our house. https://azroc.my.site.com/AZRoc/s/contractor-search?licenseId=a0ot0000001IiEwAAK

Please let me know what you find out about this. https://mail.google.com/mail/u/0/?ik=6daa306fe6&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-a:r606875879250452921… 1/3 3/29/24, 8:40 AM State of Arizona Mail - Additional complaint items

David Fagerburg <[email redacted]>

Additional complaint items message

johnmpace <[email redacted]> Thu, Mar 28, 2024 at 4 To: David Fagerburg <[email redacted]>

David, Sending these complaint items in a separate email instead of a reply to the previous thread per your instructions. Unfortunately, I need to add a few more items to the list of complaints.

Sheet MP1.1 shows a cleanout at every sink. The north bathroom has one below the vanity but the Master bath (south) does not have one (See attached photos)

The cleanout cover under the kitchen sink is screwed directly into the cap of the cleanout. This could be part of the smell issue and if the drain line ever backs up it will almost certainly leak sewage into the house. (See attached photos)

NFPA 70 NEC Article 210.52 Dwelling Unit Receptacle Outlets (A) Gener In every kitchen, family room, dining room, living room, parlor, library, den, sunroom, bedroom, recreation room, or similar room or area of al dwelling units, receptacle outlets shall be installed in accordance with the general provisions specified in 210.52(A)(1) through (A)(4). Provision s. (1) Spacin Receptacles shall be installed such that no point measured horizontally along the floor line of any wall space is more than 1.8 m (6 ft) from g. receptacle outlet. John Pace All Systems Go License # 358654 505-629-6977 [email redacted]

attachments

cleanout north bathroom.jpg 2108K

cleanout south bathroom.jpg 2174K

over plate screwed into drain cap kitchen sink.jpg 2247K

screw hole in cleanout cap kitchen sink.jpg 2377K

Approved Redline Plans From R 3-25-2024_JP EDIT_03282024.pdf 10025K

https://mail.google.com/mail/u/0/?ik=6daa306fe6&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 1/1 3/7/24, 3:30 PM IMG_7092.jpg

https://mail.google.com/mail/u/0/#inbox/WhctKKZWgflWcZMqzqDnPCMLjZbNsKPBQsCfBsDFrKFFRKCmfxgPXCttskxkTBRPshmnMml?projector=1&… 1/1 3/8/24, 11:32 AM IMG_7085.jpg

https://mail.google.com/mail/u/0/#inbox/WhctKKZWgflXcjLRNBhMCkJQzNTgCMZSmKhTdQnttkTDnjnMPQlhqqTQsddPZqGkzThTKZb?projector=1&… 1/1 3/7/24, 3:30 PM IMG_7091.jpg

https://mail.google.com/mail/u/0/#inbox/WhctKKZWgflWcZMqzqDnPCMLjZbNsKPBQsCfBsDFrKFFRKCmfxgPXCttskxkTBRPshmnMml?projector=1&… 1/1 3/8/24, 11:32 AM IMG_7086.jpg

https://mail.google.com/mail/u/0/#inbox/WhctKKZWgflXcjLRNBhMCkJQzNTgCMZSmKhTdQnttkTDnjnMPQlhqqTQsddPZqGkzThTKZb?projector=1&… 1/1 3/7/24, 3:31 PM IMG_7093.jpg

https://mail.google.com/mail/u/0/#inbox/WhctKKZWgflWcZMqzqDnPCMLjZbNsKPBQsCfBsDFrKFFRKCmfxgPXCttskxkTBRPshmnMml?projector=1&… 1/1 3/8/24, 11:32 AM IMG_7087.jpg

https://mail.google.com/mail/u/0/#inbox/WhctKKZWgflXcjLRNBhMCkJQzNTgCMZSmKhTdQnttkTDnjnMPQlhqqTQsddPZqGkzThTKZb?projector=1&… 1/1 17212 E WHITETHORN DR LOT B, RIO VERDE, AZ 85263 R

One Source, One Solution 602.258.0429

SQUARE FOOTAGE CALCS. SHEET INDEX HEATED SHT. # SHEET TITLE C1.1 COVER SHEET

ALLEN RESIDENCE A1.1 G1 MAIN LEVEL SHEET COVER FLOOR PLAN A2.1 C1 EXTERIOR GENERAL ELEVATIONS CIVIL TOTAL LIVABLE A3.1 C2 ROOF PLANS AND DRAINAGE PLAN GRADING A4.1 A0 BUILDING SITE PLANSECTIONS NON-HEATED D1.1 A1.1 FRAMING FLOORDETAILS PLAN D1.2 A2.1 FRAMING DETAILS EXTERIOR ELEVATIONS E1.1 A4.1 ELECTRICAL BUILDINGPLAN SECTIONS MP1.1 PLUMBING ISOMETRIC D1.1 FRAMING DETAILS C1 GRADING & DRAINAGE PLOT PLAN C2D1.2 FRAMING GRADING DETAILS & DRAINAGE PLOT PLAN A5 GSN ARCHITECTURAL STRUCTURAL NOTES DETAILS FOOTPRINT: 1334 S1.1 A6 STRUCTURAL INTERIORPLANS ELEVATIONS SD0 S0 STRUCTURAL STRUCTURAL DETAILS GSN SD1 S1 STRUCTURAL STRUCTURAL DETAILS PLANS SD0 STRUCTURAL DETAILS SD1 STRUCTURAL DETAILS E1.1 ELECTRICAL PLAN MP1.1 PLUMBING ISOMETRIC

FRONT ELEVATION

B202113424 - DWELL DEN MODIFIED BUILDING PLAN MARICOPA, ARIZONA

08/18/2022 9:29:52 AM C1.1 G1 GRADING & DRAINAGE PLAN

TOPCAT 17220 E WHITETHORN DRIVE,

ENGINEERING CIVIL ENGINEERING RIO VERDE, ARIZONA 85263

CONSULTANTS RIO VERDE DR.

email:[email redacted] PH:623-341-3580 E OBERLIN WAY.

N. 172ND PL. N. 172ND ST RIO VERDE DR.

QUANTITIES ARE GENERAL ESTIMATE FOR PERMIT ONLY. CONTRACTOR IS RESPONSIBLE FOR FINAL CONSTRUCTION QUANTITIES

JOHN & CORRINE ALLEN RESIDENCE ”

17220 E WHITETHORN DRIVE, RIO VERDE, ARIZONA 85263 ALLEN RESIDENCE RIO VERDE AZ 85263 APN: 219-38-067B PROJECT:

OWNER: ™

™

DATE ISSUED:4/07/22 DRAWN BY: TJC CHECKED BY:TJC

SHEET DESCRIPTION:

GRADING & DRAINAGE PLAN

SHE E T

G1 B202113424 C1 GRADING & DRAINAGE PLAN

TOPCAT ENGINEERING CIVIL ENGINEERING CONSULTANTS email:[email redacted] PH:623-341-3580 This drawing shows underground water storage which we requested and which we were charged for however the GC subsequently installed above ground water tanks

JOHN & CORRINE ALLEN RESIDENCE 17220 E WHITETHORN DRIVE, RIO VERDE, ARIZONA 85263 ALLEN RESIDENCE RIO VERDE AZ 85263 APN: 219-38-067B PROJECT:

OWNER: DATE ISSUED:4/07/22 DRAWN BY: TJC CHECKED BY:TJC

SHEET DESCRIPTION:

GRADING & DRAINAGE PLAN

SHE E T

G1 C2 N 89°47'21" E 161.25'

30' B.S.L.

S 00°00'47" W 317.50' 259.79' S 00°00'47" W

EGRESS

317.50' DRIVE 50' B.S.L. 20' P.U.E. 15' INGRESS /

S 00°00'47" W 30' B.S.L.

N.T.S 259.79'

PLOT PLAN ALLEN S 00°00'47" W S 00°00'47" W

317.50'

RESIDENCE FIELD

30' 30' B.S.L. EGRESS

317.50' DRIVE 50' B.S.L. 20' P.U.E. 161.25'

15' INGRESS /

DRIVE

S 00°00'47" W 30' B.S.L.

B.S. BY OTHERS SEPTIC

N 89°47'21" E

9° 5 8 30' B.S.L.

N 6 71.65' '0" 50' B.S.L.

E SEPTIC FIELD BY OTHERS ALLEN RESIDENCE

ALLEN 30' B.S.L.

RESIDENCE 20' P.U.E. BY OTHERS SEPTIC FIELD

30'

15' INGRESS / B. 161.25'

DRIVE 30' B.S.L.

EGRESS S.L.

N 89°47'21" E

° 5 .S.L. N 6 71.65' 8'0" ' B S 00°00'47" W 50' B.S.L. E

259.79'

NORTH SEPTIC FIELD ALLEN BY OTHERS RESIDENCE

20' P.U.E. E 8 '0" 9° 15' INGRESS / N 6 71.65' EGRESS 1

S 00°00'47" W 259.79' F.F. F.F. GARAGE:

LOT AREA:

SIDEWALK: DRIVEWAY:

REAR = 30'-0" SIDES = 40'-0" @ 6'0" HIGH: BLOCK FENCE TOTAL LIVABLE:

NORTH COVERED PATIO: COVERED ENTRY:

PLOT PLAN SETBACK GUIDELINES

FRONT TO GARAGE = 30'-0" 1871.75 LOT COVERAGE %: 3.0 %

Ln. Ft. Sq. Ft. Sq. Ft. 46503 Sq. Ft. TOTAL UNDER ROOF:1334 Sq. Ft. Sq. Ft. 290 Sq. Ft. Sq. Ft. 2nd FLOOR LIVABLE: 00 Sq. Ft. 1st FLOOR LIVABLE: 1044 Sq. Ft. 1044 Sq. Ft. SQUARE FOOTAGE

FRONT TO LIVING/SIDETURN = 30'-0"

SQUARE FOOTAGE E E G

TOTAL LIVABLE: 1044 Sq. Ft. 1st FLOOR LIVABLE: 1044 Sq. Ft. 2nd FLOOR LIVABLE: 00 Sq. Ft. GARAGE: 00 Sq. Ft. G GAS SERVICE COVERED ENTRY: 290 Sq. Ft. COVERED PATIO: 00 Sq. Ft. GAS SERVICE

E UFER LOCATION WATER METER FIRE HYDRANT

TOTAL UNDER ROOF:1334 Sq. Ft. UFER LOCATION

SRP TRANSFORMER LOT AREA: 46503 Sq. Ft. SRP TRANSFORMER

LOT COVERAGE %: 3.0 % ELECTRICAL SERVICE

FIRE HYDRANT SETBACK GUIDELINES F.F. F.F. 1871.75 FRONT TO LIVING/SIDETURN = 30'-0" E ELECTRICAL SERVICE SIDEWALK: 00 Sq. Ft. DRIVEWAY: 00 Sq. Ft. FRONT TO GARAGE = 30'-0" W WATER METER REAR = 30'-0" BLOCK FENCE SIDES = 40'-0" @ 6'0" HIGH: 00 Ln. Ft. COMMUNITY: JOHN PACE & CORRINE ALLEN ADDRESS: 17212 E WHITETHORN DR LOT B, RIO VERDE, AZ 85263 PLOT PLAN ELECTRICAL PLAN APN: 219-38-067B R A0

DATE: 09-20-2021 602.258.0429

One Source, One Solution ARIZONA

E1.1 One Source, One Solution R

602.258.0429 MARICOPA, DWELL DEN KEY NOTES

” FIXTURE LEGEND KITCHEN

” ” ” ” ” R

One Source, One Solution 602.258.0429

’ BATH

58'-0"

12'-3" 5'-0" 28'-0" 3'-3 1/2" 9'-5 1/2" clouded area says tub but 1'-0 1/2" clearly shows a shower 8'-6 1/2" 6'-6" 2'-1" drain in the center of the space not a tub drain

MAIN LEVEL NOTED FLOOR PLAN near the wall

2'-11 1/2" 2'-6"

3'-4"

5'-5 1/2" BATH TUB 9'-0" CLG BATH

7'-0" 10'-0"

10'-0" MECH. / PLUMB.

14'-2 1/2" BATH

9'-2 1/4" 9'-0" CLG

” BEDROOM BEDROOM 1 LIVING

BATH 9'-0" CLG 9'-0" CLG

12'-6 1/2" TABLE TOP LIVING

A/U A

C/U

4'-2 1/2" A4.1 A A BEDROOM A4.1 9'-0" CLG A4.1 BEDROOM 2 GENERAL NOTES 8'-0"

A/U

C/U LOUVER VENT

6030 SH ON EITHER SIDE ABOVE HEADER

10'-10 1/4" IWC COVERED PATIO

ENTRY 9'-0" CLG

19090

6'-1 1/2" 8'-10" 14'-0 1/2" 16'-3" 10'-3 1/2" 2'-5 1/2"

B A4.1

14'-11 1/2" 30'-3 1/2" A4.1 B 12'-9" WALL LEGEND

58'-0"

FRAMED DEN FLOOR PLAN 1044 ( SQ. FT.)

DWELL DEN ’

’

MARICOPA, ARIZONA

08/18/2022 9:30:51 AM A1.1 ELEVATION NOTES

One Source, One Solution 602.258.0429

FIXED

FRONT ELEVATION

NO NO SCUPPERS SCUPPERS

EXTERIOR ELEVATIONS REAR ELEVATION

6'-6"

MAX HEIGHT TO SILL FROM FF 3'-8" DWELL DEN RIGHT ELEVATION LEFT ELEVATION

MARICOPA, ARIZONA

08/18/2022 9:30:51 AM A2.1 KEY NOTES

One Source, One Solution 602.258.0429

9'-0" 9'-0" GENERAL NOTES

FRAMING SECTION 'B-B'

FRAMING SECTIONS REFER TO FLOOR PLAN FOR CORRECT INTERIOR WALL LOCATIONS. BUILDING SECTIONS INCORRECT!

NO PARAPET

RIDGE 9'-0"

FRAMING SECTION 'B-B'

DWELL DEN

MARICOPA, ARIZONA

08/18/2022 9:30:51 AM A4.1 R

One Source, One Solution 602.258.0429

REFER TO A5 FOR UPDATED ARCH DETAILS EXTERIOR

CONT. FOOTING AT EXT. WALL 17 EXT. DOOR - CONC. THRESHOLD DETAIL SLIDING GLASS DOOR HEAD 9 EXTERIOR WINDOW HEAD TRIM 5 WEEP SCREED AT STUCCO 1

ARCHITECTURAL DETAILS CONT. FOOTING AT EXT. OPENING 18 WOOD HEADER FRAMING 14 SLIDING GLASS DOOR JAMB TRIM 10 EXTERIOR WINDOW JAMB TRIM 6

NOTE

FRAMING

POST AT EXT. WALL FOOTING 19 PARTITION WALL AT EXTERIOR WALL 15 SLIDING GLASS DOOR THRESHOLD 11 EXTERIOR WINDOW SILL TRIM 7

DWELL DEN

NOTE MARICOPA, ARIZONA

NOTE 08/18/2022 9:30:51 AM

D1.1 SLAB CONDITION DETAIL 20 TYPICAL EXTERIOR CORNER 16 VENT THROUGH ROOF 12 UNDERLAYMENT DETAIL 8 TYPICAL MOISTOP INSTALL 4 R

One Source, One Solution 602.258.0429

SCUPPER AT PARAPET 8 PARAPET 5 WEEP SCREED DETAIL 1

REFER TO A5 FOR UPDATED ARCH DETAILS STEP 1

ARCHITECTURAL DETAILS NOTE

WALL FINISH APPLICATION DETAIL 2 STEP 2

FRAMING STEP 3

INSIDE CORNER FLASHING 6 EXTERIOR CORNER DETAIL 3

DWELL DEN

MARICOPA, ARIZONA

NOTE

D1.2 08/18/2022 9:30:51 AM

SCUPPER DETAIL 7 WOOD BEAM AT WOOD POST 4 MINIMAL LIVING CONCEPTS 2x CONT. PRESSURE ASM 24GA ASM 24GA 24GA BREAK INSULATION TREATED PLATE W/ R-PANEL SIDING STANDING SEAM

SCOTTSDALE, AZ 85260 METAL WRAP AS OCCURS 1/2" x 10" A.B.S SIDING DOOR JAMB (EMBED 7" MIN @ 2x6 WOOD STUDS 3/8" APA RATED 48" O.C. PER 24GA BREAK ASM 24GA @16" O.C. U.N.O

8280 E GELDING DR FOUNDATION PLAN) METAL SHTG STANDING SEAM ASM 24GA SIDING #5 REINF. CONT. TYVEK HOME WRAP 4" SLAB O/ 4" A.B.C STANDING SEAM GRADE D HEADER (REFER FILL OVER TERMITE SIDING TO FRAMING HEADER (REFERPLAN) TREATED SOIL #5 REINF. BENT TYVEX HOME WRAP TO FRAMING PLAN)

MIN. INTO FOOTING

7" GRADE D 3/8" APA RATED

1-3/4" SEE FOUNDATION FLEX WRAP SHTG NO. 8 x 1" FASTENER PLAN FOR REINF. 3/8" APA RATED (INTO JAMB) FOR BREAK METAL AND FOOTING

UNIT 104 SHTG TYVEX HOME WRAP

TO GRADE" SIZE GRADE D

3/8" APA RATED 1/2"HOME TYVEX BACKER WRAP GA BREAK METAL SHTG GRADE ROD D 2x FLAT FRAME WEEP SCREED BLOCKING SILICON (DAP DYNAFLEX ENG. CERT. #14 x 2-1/2" OR EQ) 1 3/4"

BELOW SOIL COMPACTED FILL SILICON WOOD FASTENER

12" MIN. OR UNDISTURBED 24GADYNAFLEX (DAP BREAK

V.I.F. SOIL (SEE SOILS METAL OR EQ) HEADER 1x4 SHIM PLATE FLASHING REPORT)

ARCHITECTURE AND FRAMING DETAILS FOR DRYWALL CLEARANCE FLEX WRAP (WRAP INTO HEADER) PRL MAX SLIDER 3/4" ALUM. DOOR PRL CRL250 250SERIES SERIES FRAME ALUM ALUMFRAME FRAME

CONT. FOOTING AT EXT. WALL 17 EXT. DOOR JAMB 13 SLIDING GLASS DOOR HEAD 09 EXTERIOR WINDOW HEADER 05 WEEP SCREED AT SIDING 01 4" SLAB O/ 4" A.B.C #5 REINF. BENT 1/2" BASEBOARD ASM 24GA FILL OVER TERMITE INTO FOOTING 1/2" DRYWALL STANDING SEAM

3/4" V.I.F 1/2" BASEBOARD TREATED SOIL SIDING

TO INT. EDGE OF FRAME WALL 3/8" TILE O/ 2X3 WOOD SHIM TYVEX HOME

1" 1/8" THIN SET AT FRAME WALL WRAP GRADE D SLOPE CONCRETE 1/2" DRYWALL 7" MIN.

ADDRESS CITY, STATE,ZIP 1/8" PER 12" 24GA BREAK 24GA 3/8" APA BREAK RATED AWAY FROM BUILDING METAL (V.I.F) METAL (V.I.F) SHTG PRL 250 SERIES PRL MAXX

1/2" ALUM FRAME SLIDER FRAME 24GA 3/8" APABREAK RATED METAL SHTG (V.I.F) INSULATION AS

LIVE DEN METAL SIDING OCCURS

8" SILICON (DAP DYNAFLEX

1/2" 3/8" APA RATED OR EQ) SHTG FLEX WRAP

BELOW SOIL (WRAP INTO 12" MIN. FLEX WRAP FLEX WRAP JAMB) (WRAP INTO JAMB) (WRAP INTO

24GA BREAK JAMB) TYVEX HOME PRL 250 SERIES ALUM FRAME 1 ENG. CERT. METAL

3/4" WRAP GRADE D COMPACTED FILL ASM 24GA OR UNDISTURBED ASM 24GA STANDING SEAM SOIL (SEE SOILS STANDING SEAM SIDING REPORT) SIDING SEE FOUNDATION TYVEX HOME WRAP PLAN FOR REINF. GRADE D 24GA BREAK AND FOOTING METAL SIZE 3/8" APA RATED SHTG

CONT. FOOTING AT EXT. OPENING 18 EXTERIOR WINDOW JAMB @ PATIO 14 SLIDING GLASS DOOR JAMB TRIM 10 EXTERIOR WINDOW JAMB TRIM 6 POLYGLASS ROOF 1-1/8" GLAZING 2 CAP SHEET ASM 24GA CRL MAX SLIDER STANDING SEAM EXTRUSION FOR ROOF SHEATHING SIDING JAMB FLASHING (SEE G.S.N) PRL MAX SLIDER FT SYNTHETIC 3/8" APA RATED THRESHOLD ROOF BASE COAT OSB SHTG PRL MAX SLIDER EXTRUSION FOR PRL 250 SERIES NOTE GA BREAK INSULATION METAL FASCIA AS OCCURS SILL FLASHING ALUM FRAME (V.I.F) 3/8" TILE AT EXTERIOR FLEX WRAP 2 3/4" 2x WOOD (WRAP INTO SILL)

FRAMING

3/4" STEP DOWN DRAWN BY: ASM 24GA EXTERIOR CONCRETE PRL 250T ALUM. STANDING SEAM TYVEX HOME SLAB EXTRUSION FOR MINIMAL LIVING CONCEPTS SIDING WRAP GRADE D SILL FLASHING DATE: 09/27/2022 3/8" APA RATED ASM 24GA SHTG STANDING SEAM 24GA BREAK SIDING METAL CORNER PIECE (V.I.F) 3/8" APA RATED TYVEK HOME SHTG WRAP GRADE D INSULATION AS OCCURS

FASCIA METAL AT ROOF 19 PARTITION WALL AT EXTERIOR WALL 15 SLIDING GLASS DOOR THRESHOLD 11 EXTERIOR WINDOW SILL TRIM 07 POLYGLASS ROOF CAP SHEET 24GA BREAK METAL EXTERIOR FT SYNTHETIC CORNER (V.I.F) ROOF BASE COAT 1/2" TOOL EDGE TYP. ASM 24GA FASTENER FOR STANDING SEAM BREAK METAL 2x WOOD SIDING CONCRETE SLAB ON #4 CONT. FRAMING ROOF EXTERIOR SLAB 3/8" APA RATED SHEATHING

LIVE DEN GRADE PER PLAN 3/4" STEP DOWN SHTG (SEE G.S.N) (SLOPE 1/8" :12") ASM 24GA TYVEX HOME 24GA BREAK STANDING SEAM METAL 3/4"

SIDING WRAP GRADE D EYEBROW (V.I.F) 3/8" APA RATED 24GA BREAK (2) 2X12 SHTG METAL (V.I.F) NOTE TYVEX HOME WRAP GRADE D FASTENER FOR BREAK METAL

A5 8"

BREAK METAL BELOW AT EXTERIOR CONCRETE TURNDOWN DRYWALL NOTE TO ALIGN WITH FACE OF EYEBROW BREAK METAL 3/4"

SLAB CONDITION DETAIL 20 TYPICAL EXTERIOR CORNER 16 VERTICAL EYEBROW AT PATIO 12 EYEBROW TRIM AT PATIO 08 TYPICAL MOISTOP INSTALL 4 MINIMAL LIVING CONCEPTS *GENERAL NOTES

SCOTTSDALE, AZ 85260 1. ALL FILLER AND PANEL SKINS 2. ALL COUNTERTOPS TO BE FLUSH TO BE FLUSH TO FRONT TO FRONT EDGE OF DOORS

8280 E GELDING DR EDGE OF DOORS

UNIT 104 PC3094.5 PC3094.5 PC3094.5

PROJECT 014 - ALLEN RESIDENCE 17212 E. WHITETHORN DR LOT B include 12" drawers for this bathroom. Toilet has been set 1/2" for 43" vanity

68"

INTERIOR ELEVATIONS RIO VERDE, AZ 85263 C.L. FAUCET

1/2"

47" 47"

36"

VSFWH30 VSFWH30 2VDWH12

30" 30" 1/2" 1/2" 30" 12" 1/2" 1/2"

1/2"

1/2" 30" 30" 30" 1/2" 31" 20 1/2" 20 1/2" 15 1/4" 15 1/4" 43" 46" 91" 72" V.I.F

GUEST BATH MASTER BATH BEDROOM CABINETRY SCALE: 1"=1'-0" SCALE: 1"=1'-0" SCALE: 1"=1'-0"

replace these uppers with shelves

PC1594.5 PC3094.5 PC3094.5 WFD362024 WFD302024 WFD302024 PC3094.5 DRAWN BY:

MINIMAL LIVING CONCEPTS

DATE: 09/27/2022 RANGE HOOD

DWELL TRASH (x2) 36"

W/H

BFRCAD18 BF36 3BDED30 3BDED30

1/2"

GUEST BEDROOM 15" 30" 76" 30" 1/2" 3" 18"

KITCHEN ISLAND 36"

84" 24" 3" 1/2"

KITCHEN ELEVATION 36" 1/2" 30"

164 1/2" 30" 1/2" 30" 1/2"

A6 SCALE: 1"=1'-0" SCALE: 1"=1'-0" SCALE: 1"=1'-0" B202113424 S0 S1 GENERAL INFORMATION LOAD CALCULATION SCHEDULE

One Source, One Solution 602.258.0429

78.1

NEW SUB PANEL SCHEDULE BELOW DESK 24" A.F.F.

SS CENTERED BELOW SWITCH

44" A.F.F. CENTERED BELOW SWITCH 60" A.F.F. FOR TV & LOW AT 8" CENTERED BELOW SWITCH ELECTRICAL SYMBOLS

S SWITCH PLATE AND OUTLET HEIGHTS CENTERED

ELECTRICAL PLAN BELOW SWITCH 44" A.F.F.

60" A.F.F. FOR TV & LOW AT 8" 60" A.F.F. FOR TV & LOW AT 8" CENTERED BELOW SWITCH CENTERED LOUVER VENT ON EITHER SIDE BELOW SWITCH NOTE: ABOVE HEADER

CENTERED CENTERED BELOW SWITCH ONE LINE DIAGRAM (STANDARD W/ OPT. SUB-PANEL) BELOW SWITCH

DEN ELECTRICAL PLAN

NOTE:

DWELL DEN NOTE:

MARICOPA, ARIZONA

08/18/2022 9:30:51 AM E1.1 WATER METER CALCS. Clouded area shows shower AS PER TABLE P2903.6 2012 IRC drain not a tub drain TYPE OF No. of FIXTURE FIXTURE FIXTURE FIXTURES UNIT VALUE UNITS

One Source, One Solution 602.258.0429

TOTAL FIXTURE UNITS = 8.9

NOTES:

WASTE ISOMETRIC DEN WASTE ISOMETRIC

DWELL DEN

MARICOPA, ARIZONA

08/18/2022 9:30:52 AM MP1.1 Received 6/13/2024 ROC Legal

Richard L. Cobb, Bar No. 011427 ELLSWORTH COBB PLC 1850 N. Central Avenue, Suite 1100 Phoenix, Arizona 85004 (602) 523-3000 office Attorneys for Respondent Minimal Construction LLC

BEFORE THE REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA John M. Pace, CASE NO. 2024-01188 ANSWER TO CITATION Complainant, v. Minimal Construction LLC, License No. ROC 334200,

Respondent.

Respondent denies liability as alleged in the Complaint and requests that a hearing

be scheduled.

DATED this 13th day of June, 2024. ELLSWORTH COBB PLC

By: Richard L. Cobb Attorneys for Minimal Construction LLC

1 Received 6/13/2024 ROC Legal

Original of the foregoing e-mailed this 13th day of June, 2024 to: Arizona Registrar of Contractors Legal Department [email redacted]

David Fagerburg Investigator [email redacted]

John M. Pace Complainant [email redacted] [email redacted]

/s/ Natalie A. Rodriguez

2 Received 6/14/24, 8:05 AM State of Arizona Mail - Case No. 2024-01188 -- Minimal Construction LLC adv John M. Pace 6/13/2024 ROC Legal

Answers - AZROC <[email redacted]>

Case No. 2024-01188 -- Minimal Construction LLC adv John M. Pace message

Natalie Rodriguez <[email redacted]> Thu, Jun 13, 2024 at 4:31 PM To: "[email redacted]" <[email redacted]> Cc: "[email redacted]" <[email redacted]>, "[email redacted]" <[email redacted]>, "[email redacted]" <[email redacted]>, Rick Cobb <[email redacted]>

Natalie A. Rodriguez, Paralegal ELLSWORTH COBB PLC 1850 N. Central Avenue, Suite 1100 Phoenix, AZ 85004 (602) 523-3000 (main) (602) 635-3956 (fax) [email redacted]

This electronic transmission, and any documents attached hereto, (a) are protected by the Electronic Communications Privacy Act (18 USC 2510-2521), (b) may contain confidential and/or legally privileged information, and (c) are for the sole use of the intended recipient named above. If you have received this electronic message in error, please notify the sender and delete the electronic message. Any disclosure, copying, distribution, or use of the contents of the information received in error is strictly prohibited.

06 13 Answer.pdf 206K

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Written Answer to Citation and Complaint

Case No. 2024-01188

To whom it may concern,

This letter is in response to the Registrar of Contractors Citation and the on-going challenges we have experienced throughout the process of resolving Case No. 2024-01188.

Please note that we are actively working with the client to resolve any outstanding items within this case.

We have made every effort to follow proper ROC channels to handle this matter in a correct and professional manner while working with the Inspector, the Chief of Compliance, and the Assistant Chief of Investigations.

It is important to note that part of the nuance of this case is that this project was abandoned by Forbes Construction & Development LLC (ROC 327320) along with nine other projects (10 total) in which Forbes falsely claimed he was filing for bankruptcy and stole $193,333.10 from our company as well as $170,576.00 from sub-contractors that we know of.

We have consistently attempted to work with the ROC to address this issue, no action has been taken by the ROC against Forbes Construction & Development.

First complaint: Dismissed Complaint ID - 2023-12215 Filed 2023-10-23 Abandonment Details: In late September of 2023, Forbes Construction & Development abandoned this project, which he was contracted to complete. Forbes completed all work up to the completion of drywall on the project, and abandoned the project falsely claiming he was filing for bankruptcy, and our entity then executed the finishes on the project. At no point did we alter any work previously completed by Forbes.

Inspector David Fagerburg dismissed this case.

Second Complaint: Dismissed Complaint ID - 2024-02489 Filed 2024-02-29 Abandonment and Poor Work Details: After receiving a complaint from the Complainant, John Pace, we filed a complaint against Forbes as much of the work within the complaint was completed by Forbes Construction & Development. When meeting at the site for the inspection, our team, Forbes, and the Received 6/21/2024 ROC Legal

Complainant were all present. Our entity and Forbes were here ready to inspect, receive the directive, and correct any work that may be deemed necessary by the ROC.

When receiving the directive from the ROC, Inspector David Fagerburg directed our entity to correct all work stating that Forbes was not responsible for any of their own work. We explained once again that we had not altered any of Forbes’s work, and Forbes would confirm this and take corrective action for their work and we would take corrective action for our own work.

Inspector David Fagerburg did not make any adjustments and dismissed this case.

Third Complaint: Dismissed Complaint ID - 2024-03813 Filed 2024-04-02 Poor Work Details: We filed a third complaint with the ROC and scheduled a meeting at the ROC office with Alex Figueroa and Jeff Wills to resolve the issue of the directive in this case. We met with Alex Figueroa and Jeff Wills 2024-05-21, brought all evidence, complaints, and directive to the meeting and explained the situation. At the conclusion of the meeting, Alex Figueroa and Jeff Wills confirmed that the directive was incorrect and that they would have this issue corrected so that Forbes would be responsible to correct his work within the project and our entity would be responsible to fix our own work within the project.

It was our understanding that their involvement in this matter would have a new directive issued in which we would correct our work, Forbes would correct his work, and we would all move on from this matter after a final compliance inspection.

As promised by Alex Figueroa and Jeff Wills, an adjusted directive was issued shortly after our meeting directing Forbes to correct his work, and directing our entity to correct our work. However, the timeline to correct work was never expanded and no additional time was allowed for corrections to compensate for the initial false directive issued by the inspector and the time it would take ROC Management to issue the new directive to be acted upon.

We have had an ongoing challenge within this matter of 1) a correct directive to be issued from the inspector on the project and 2) separate timelines moving on the separate complaints.

In summary, our entity was originally directed to make all corrections to all work on the project including unaltered work originally executed by Forbes. Ultimately this directive was adjusted and properly issued directing us to correct our own work and Forbes to correct his own work. However, no time was allotted to make these corrections after the correct directive was issued.

Charge :1 A.R.S. § 32-1154(A)(2)(a) Departure from or disregard of: (a) Plans or specifications in any material respect that is prejudicial to another without consent of the owner or the owner's duly authorized representative Received 6/21/2024 ROC Legal

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.

Response: Our entity (ROC 334200) denies any departure or disregard of the plans and specifications of this project.

Charge :2 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Response: Our entity (ROC 334200) denies any violation of any rules adopted by the Registrar and that the work was not completed in a professional and workmanlike manner.

Charge:3 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.

Response: Our entity (ROC 334200) denies failure to take appropriate action as we attempted to resolve this matter through the proper ROC channels to the best of our ability. We took corrective measures to repair any drywall issues per the directive, and took corrective measures to clean up any debris on-site per the directive. We attempted to work with the inspector to have him issue a proper directive to Forbes Construction & Development LLC, and when he failed to do so, met with Alex Figueroa and Jeff Wills who then had a correct directive issued. After the correct directive was issued, we immediately contacted the complainant to schedule repairs for which he denied us access to the property to make said repairs as the timeline for corrections was never adjusted.

As mentioned above, we are actively working with the homeowner in a cooperative manner to resolve any outstanding items regarding this case.

Best, Received 6/24/24, 10:29 AM State of Arizona Mail - Case No. 2024-01188 - Written Answer to Citation and Complaint 6/21/2024 ROC Legal

Answers - AZROC <[email redacted]>

Case No. 2024-01188 - Written Answer to Citation and Complaint messages

Jared Amzallag <[email redacted]> Fri, Jun 21, 2024 at 11:38 AM To: [email redacted] Cc: Zander Diamont <[email redacted]>

Please see Case No. 2024-01188 - Written Answer to Citation and Complaint attached.

Jared Amzallag Co-Founder, Minimal Living Concepts

602-793-2107 minimallivingconcepts.com [email redacted]

Case No. 2024-01188 - Written Answer to Citation and Complaint.pdf 76K

Answers - AZROC <[email redacted]> Fri, Jun 21, 2024 at 12:13 PM To: Jared Amzallag <[email redacted]>

Good afternoon. We received an answer from your attorney previously. Do you want this to be an updated answer?

Thank you, Legal Department [Quoted text hidden] -- Thank you.

Registrar of Contractors Legal Department

Jared Amzallag <[email redacted]> Mon, Jun 24, 2024 at 10:26 AM To: Answers - AZROC <[email redacted]>

Yes please [Quoted text hidden] --

https://mail.google.com/mail/b/AEoRXRQP1whRbJFBU_LOJvAO3C66ASftInoTJSvDQOXX5sXlN5ls/u/0/?ik=581c53cf5c&view=pt&search=all&permth… 1/2 Received 6/24/24, 10:29 AM State of Arizona Mail - Case No. 2024-01188 - Written Answer to Citation and Complaint 6/21/2024 ROC Legal

Jared Amzallag P 602-793-2107 E [email redacted]

https://mail.google.com/mail/b/AEoRXRQP1whRbJFBU_LOJvAO3C66ASftInoTJSvDQOXX5sXlN5ls/u/0/?ik=581c53cf5c&view=pt&search=all&permth… 2/2 DocuSign Envelope ID: C35AF78B-4AEF-4869-AFA1-1F82A36F6204 DocuSign Envelope ID: C35AF78B-4AEF-4869-AFA1-1F82A36F6204 DocuSign Envelope ID: C35AF78B-4AEF-4869-AFA1-1F82A36F6204 DocuSign Envelope ID: C35AF78B-4AEF-4869-AFA1-1F82A36F6204 DocuSign Envelope ID: C35AF78B-4AEF-4869-AFA1-1F82A36F6204 DocuSign Envelope ID: C35AF78B-4AEF-4869-AFA1-1F82A36F6204 DocuSign Envelope ID: C35AF78B-4AEF-4869-AFA1-1F82A36F6204 DocuSign Envelope ID: C35AF78B-4AEF-4869-AFA1-1F82A36F6204 DocuSign Envelope ID: C35AF78B-4AEF-4869-AFA1-1F82A36F6204 DocuSign Envelope ID: C35AF78B-4AEF-4869-AFA1-1F82A36F6204 DocuSign Envelope ID: C35AF78B-4AEF-4869-AFA1-1F82A36F6204

Jared Amzallag

3/13/2023 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