2024A-01421-CHC-ROC Notice of Hearing & Packet MAILED 2024-01421.pdf

2024A-01421-CHC-ROC · Registrar of Contractors · 2024-07-16

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Alyssa Culbertson , Case No. 2024-01421

COMPLAINANT, Docket No. 2024A-01421-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE R P M Masonry and General Contracting Inc License No. ROC 168993,

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

HEARING INFORMATION The hearing is set for:

August 21, 2024 1:00 PM Velva Moses-Thompson Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

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

You must attend this hearing. This is an adversarial hearing before an administrative law judge, and is conducted in a similar manner as judicial proceedings. Thus, you must be

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

STATEMENT OF LEGAL AUTHORITY AND JURISDICTION

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

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

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

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

PARTICULAR ARIZONA STATUTES AND RULES INVOLVED

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

complaint and citation, which were served on the Respondent on June 21, 2024. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED

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

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

be a party to the hearing.

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

argument to the administrative law judge.

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

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

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

1156(B).

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

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

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

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

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

HEARING PACKET

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

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

SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS

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

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

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

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

DISCLOSURE STATEMENT

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

CHANGING THE HEARING DATE

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

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

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

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

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

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

Complaints – Resolved/Settled/Withdrawn.”

Dated July 16, 2024.

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

Copy mailed via USPS First Class mail July 16, 2024 to:

Respondent(s) R P M Masonry and General Contracting Inc 7745 E Gemini Dr. Flagstaff, AZ 86004

Complainant(s) Alyssa Culbertson 7454 E Knighthood Lane Williams, AZ 8604 6

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. 2024-01421 /

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

RECEIVED LEGAL 7/01/2024 RECEIVED LEGAL 7/01/2024 RECEIVED LEGAL 7/01/2024

Answers - AZROC <[email redacted]>

7745 E Gemini Drive Flagstaff, AZ 86004 928-606-2507 LICENSED • BONDED- INSURED RESIDENTIAL ROC Lie # 168993 • COMMERCIAL ROC Lie #213656.pdf.pdf message

Ron Polder <[email redacted]> Mon, Jul 1, 2024 at 5:08 PM To: [email redacted]

Please see and confirm receipt of the attached response.

Thank you, Ron Polder RPM Masonry & General Contracting, Inc.

7745 E Gemini Drive Flagstaff, AZ 86004 928-606-2507 LICENSED • BONDED- INSURED RESIDENTIAL ROC Lie # 168993 • COMMERCIAL ROC Lie #213656.pdf.pdf 1484K Complaint #2024-01421 P 1 JSI PHOTOS J Complaint #2024-01421 P 2 JSI PHOTOS J Complaint #2024-01421 P 3 JSI PHOTOS J Complaint #2024-01421 P 4 JSI PHOTOS J Complaint #2024-01421 P 5 JSI PHOTOS J Complaint #2024-01421 P 6 JSI PHOTOS J Complaint #2024-01421 P 7 JSI PHOTOS J Complaint #2024-01421 P 8 JSI PHOTOS J Complaint #2024-01421 P 9 JSI PHOTOS J Complaint #2024-01421 P 10 JSI PHOTOS J Complaint #2024-01421 P 11 JSI PHOTOS J Complaint #2024-01421 P 12 JSI PHOTOS J Complaint #2024-01421 P 13 JSI PHOTOS J Complaint #2024-01421 P 14 JSI PHOTOS J Complaint #2024-01421 P 15 JSI PHOTOS J Complaint #2024-01421 P 16 JSI PHOTOS J Complaint #2024-01421 P 17 JSI PHOTOS J Complaint #2024-01421 P 18 JSI PHOTOS J Complaint #2024-01421 P 19 JSI PHOTOS J Complaint #2024-01421 P 20 JSI PHOTOS J Complaint #2024-01421 P 21 JSI PHOTOS J Complaint #2024-01421 P 22 JSI PHOTOS J Complaint #2024-01421 P 23 JSI PHOTOS J Complaint #2024-01421 P 24 JSI PHOTOS J Complaint #2024-01421 P 25 JSI PHOTOS J Complaint #2024-01421 P 26 JSI PHOTOS J Complaint #2024-01421 P 27 JSI PHOTOS J Complaint #2024-01421 P 28 JSI PHOTOS J Complaint #2024-01421 P 29 JSI PHOTOS J Complaint #2024-01421 P 30 JSI PHOTOS J Complaint #2024-01421 P 31 JSI PHOTOS J Complaint #2024-01421 P 32 JSI PHOTOS J Complaint #2024-01421 P 33 JSI PHOTOS J Complaint #2024-01421 P 34 JSI PHOTOS J Complaint #2024-01421 P 35 JSI PHOTOS J Complaint #2024-01421 P 36 JSI PHOTOS J Complaint #2024-01421 P 37 JSI PHOTOS J Complaint #2024-01421 P 38 JSI PHOTOS J Complaint #2024-01421 P 39 JSI PHOTOS J Complaint #2024-01421 P 40 JSI PHOTOS J Complaint #2024-01421 P 41 JSI PHOTOS J Complainant: Alyssa Culbertson 7454 E Knighthood Lane Williams, AZ 8604 6

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: R P M Masonry and General Contracting Inc DBA: 7745 E Gemini Dr Flagstaff, AZ 86004

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 24, 2024

License No. ROC 168993

Re:Complaint No. 2024-01421

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

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

Compliance Item: 4 - Kitchen cabinet install not completed Investigator’s Observation: Cabinets are missing trim, range is not secured. Complainant has stated that they have the remaining trim needed.

Respondent shall complete/correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar;

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

Compliance Item: 5 - paint job poorly done in areas of the home Investigator’s Observation: Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 6 - gaps in logs that expose outside Investigator’s Observation: Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 7 - holes in ceilings and walls around light fixtures Investigator’s Observation: Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 8 - drywall not completed and already cracking in many spots Investigator’s Observation: Respondent shall complete/correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar;

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

Compliance Item: 9 - windows not sealed/caulked into wall properly. Big gaps seen Investigator’s Observation: Respondent shall complete/correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 12 - fascia on base of home never completed Investigator’s Observation: Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 13 - The concrete foundation of the garage leaks Investigator’s Observation: Water should not be entering through the foundation.

Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 14 - Tension bolt were covered with spray foam Investigator’s Observation: Addendum item added at inspection.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Tension bolts are not accessible due to being covered in spray foam.

Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 15 - Stair finishing - loose tread Investigator’s Observation: Addendum item added at inspection.

Some stair treads are loose and/or not installed correctly. The drywall meeting the stair tread on the outside wall is done poorly.

Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 16 - HVAC return damaged. Investigator’s Observation: The complainant provided documentation showing a piece of flooring sitting in the return duct during construction.

Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Compliance Item: 1 - From start to finish this job has been poorly managed by RPM. There was no supervision of job site and subs doing work. Investigator’s Observation: This is a statement, and not an allegation of poor workmanship I can inspect too. Governing Rule:

Compliance Item: 2 - No final inspection of job site was completed and therefore many things were left unfinished and not corrected. Investigator’s Observation: A Certificate of Occupancy was issued by the county building department on 11/15/2023. Governing Rule:

Compliance Item: 3 - Homeowners have put in more time and effort than contractor. Investigator’s Observation: This is a statement, and not an allegation of poor workmanship I can inspect too. Governing Rule:

Compliance Item: 10 - damaged flooring planks Investigator’s Observation: notice of damage to manufactured surfaces such as flooring has to be brought to the Respondent's attention within 10 day of occupancy.

At this time there was no documentation presented showing this notification. Governing Rule:

Compliance Item: 11 - sawdust falling from ceiling due to lack of cleaning t and g planks before installing laminate flooring. Investigator’s Observation: This is not a workmanship issue the

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Registrar has jurisdiction over. Governing Rule:

Compliance Item: 17 - Fireplace leaking Investigator’s Observation: This was installed by a contractor hired directly by the complainant. They will need address this with the contractor that installed the fireplace. Governing Rule:

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

Sincerely,

Chris Allison Chris Allison, Investigator #193 Desk: (928) 637-0481 Cell: (928) 210-1587 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812

Note: I will not respond to/accept any text messages. Any/all documents, photos, Etc. Will need to be emailed. Please reference complaint number in email.

CC: Choose an item. Choose an item. Choose an item. Choose an item.

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

Case No.: 2024-01421 Investigator: Chris Allison #193 Inspection Date: Friday, March 29, 2024 Inspection Time: 10:00 AM

Complainant: Alyssa Culbertson Respondent: R P M Masonry and Not Present: General Contracting Inc Not Present:

Jobsite General Notes:

Date Filed: 2/13/2024

Jobsite Address: 4754 E Knighthood Lane, Williams, AZ 86046

Contractor ROC#: 168993

Contract Date: 1/17/2022

Contract Amount: $659,685.00

Close of Escrow or Date Work Completed: 11/17/2023

I arrived at the complainant’s residence at the scheduled time. We proceeded to inspect the items on the complaint list and I found the following:

Compliance Item: 4 - Kitchen cabinet install not completed Investigator’s Observation: Cabinets are missing trim, range is not secured. Complainant has stated that they have the remaining trim needed.

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

Respondent shall complete/correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 5 - paint job poorly done in areas of the home Investigator’s Observation: Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 6 - gaps in logs that expose outside Investigator’s Observation: Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 7 - holes in ceilings and walls around light fixtures Investigator’s Observation: Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 8 - drywall not completed and already cracking in many spots Investigator’s Observation: Respondent shall complete/correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23

Compliance Item: 9 - windows not sealed/caulked into wall properly. Big gaps seen Investigator’s Observation: Respondent shall complete/correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 12 - fascia on base of home never completed Investigator’s Observation: Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 13 - The concrete foundation of the garage leaks Investigator’s Observation: Water should not be entering through the foundation.

Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 14 - Tension bolt were covered with spray foam Investigator’s Observation: Addendum item added at inspection.

Tension bolts are not accessible due to being covered in spray foam.

Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the

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

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

Compliance Item: 15 - Stair finishing - loose tread Investigator’s Observation: Addendum item added at inspection.

Some stair treads are loose and/or not installed correctly. The drywall meeting the stair tread on the outside wall is done poorly.

Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 16 - HVAC return damaged. Investigator’s Observation: The complainant provided documentation showing a piece of flooring sitting in the return duct during construction.

Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

ITEMS NOT REQUIRING CORRECTION:

Compliance Item: 1 - From start to finish this job has been poorly managed by RPM. There was no supervision of job site and subs doing work. Investigator’s Observation: This is a statement, and not an allegation of poor workmanship I can inspect too. Governing Rule:

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

Compliance Item: 2 - No final inspection of job site was completed and therefore many things were left unfinished and not corrected. Investigator’s Observation: A Certificate of Occupancy was issued by the county building department on 11/15/2023. Governing Rule:

Compliance Item: 3 - Homeowners have put in more time and effort than contractor. Investigator’s Observation: This is a statement, and not an allegation of poor workmanship I can inspect too. Governing Rule:

Compliance Item: 10 - damaged flooring planks Investigator’s Observation: notice of damage to manufactured surfaces such as flooring has to be brought to the Respondent's attention within 10 day of occupancy.

At this time there was no documentation presented showing this notification. Governing Rule:

Compliance Item: 11 - sawdust falling from ceiling due to lack of cleaning t and g planks before installing laminate flooring. Investigator’s Observation: This is not a workmanship issue the Registrar has jurisdiction over. Governing Rule:

Compliance Item: 17 - Fireplace leaking Investigator’s Observation: This was installed by a contractor hired directly by the complainant. They will need address this with the contractor that installed the fireplace. Governing Rule:

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

5/15/24, 3:50 PM State of Arizona Mail - Hey Chris per our conversation yesterday I need to extend the finish work date. The owner is only allowing …

Christopher Allison <[email redacted]>

Hey Chris per our conversation yesterday I need to extend the finish work date. The owner is only allowing any work to be done at her place during these hrs 8-1pm no exceptions. Also the stairs were addressed yesterday and she was notified not to walk on them. As stated by her she was going to still use them even though they were still going to be not ready to walk on until glue could dry. due to the glue not set there is a good chance that stairs will get damaged or move out of place. Also they are suppose to meet with the gutter company today to see what color they are going to want so I do not know when yet he will be able to install them in those area we have discussed. Once they pick things out and I get his schedule I will let you know a timeline. Thanks, let me know how far out you will extend finish date. message

Ron Polder <[email redacted]> Fri, May 10, 2024 at 7:16 AM To: Christopher Allison <[email redacted]>

https://mail.google.com/mail/u/0/?ik=9a388841cf&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted] 1/1 Complainant: Alyssa Culbertson 7454 E Knighthood Lane Williams, AZ 8604 6

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: R P M Masonry and General Contracting Inc DBA: 7745 E Gemini Dr Flagstaff, AZ 86004

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. 2024-01421

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for Tuesday, June 11, 2024 at 11:00 AM to determine the current status of the items listed on the issued Directive.

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

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

Sincerely,

Chris Allison Chris Allison, Investigator #193 Desk: (928) 637-0481 Cell: (928) 210-1587 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812

Note: I will not respond to/accept any text messages. Any/all documents, photos, Etc. Will need to be emailed. Please reference complaint number in email.

CC: Choose an item. Choose an item. Choose an item. Choose an item.

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

C012 12/23 Complainant: Alyssa Culbertson 7454 E Knighthood Lane Williams, AZ 8604 6

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: R P M Masonry and General Contracting Inc DBA: 7745 E Gemini Dr Flagstaff, AZ 86004

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 24, 2024 *Extension of Due Date 5/15/2024*

License No. ROC 168993

Re:Complaint No. 2024-01421

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 Sunday, May 12, 2024.

*On 5/10/2024 Respondent requested to extend the due date to complete work. After reviewing the request it is determined that the due date will be extended. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on Friday, June 7, 2024.*

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

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

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Compliance Item: 4 - Kitchen cabinet install not completed Investigator’s Observation: Cabinets are missing trim, range is not secured. Complainant has stated that they have the remaining trim needed.

Respondent shall complete/correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 5 - paint job poorly done in areas of the home Investigator’s Observation: Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 6 - gaps in logs that expose outside Investigator’s Observation: Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 7 - holes in ceilings and walls around light fixtures Investigator’s Observation: Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Compliance Item: 8 - drywall not completed and already cracking in many spots Investigator’s Observation: Respondent shall complete/correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 9 - windows not sealed/caulked into wall properly. Big gaps seen Investigator’s Observation: Respondent shall complete/correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 12 - fascia on base of home never completed Investigator’s Observation: Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 13 - The concrete foundation of the garage leaks Investigator’s Observation: Water should not be entering through the foundation.

Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar;

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

Compliance Item: 14 - Tension bolt were covered with spray foam Investigator’s Observation: Addendum item added at inspection.

Tension bolts are not accessible due to being covered in spray foam.

Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 15 - Stair finishing - loose tread Investigator’s Observation: Addendum item added at inspection.

Some stair treads are loose and/or not installed correctly. The drywall meeting the stair tread on the outside wall is done poorly.

Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 16 - HVAC return damaged. Investigator’s Observation: The complainant provided documentation showing a piece of flooring sitting in the return duct during construction.

Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar;

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

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

Compliance Item: 1 - From start to finish this job has been poorly managed by RPM. There was no supervision of job site and subs doing work. Investigator’s Observation: This is a statement, and not an allegation of poor workmanship I can inspect too. Governing Rule:

Compliance Item: 2 - No final inspection of job site was completed and therefore many things were left unfinished and not corrected. Investigator’s Observation: A Certificate of Occupancy was issued by the county building department on 11/15/2023. Governing Rule:

Compliance Item: 3 - Homeowners have put in more time and effort than contractor. Investigator’s Observation: This is a statement, and not an allegation of poor workmanship I can inspect too. Governing Rule:

Compliance Item: 10 - damaged flooring planks Investigator’s Observation: notice of damage to manufactured surfaces such as flooring has to be brought to the Respondent's attention within 10 day of occupancy.

At this time there was no documentation presented showing this notification. Governing Rule:

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Compliance Item: 11 - sawdust falling from ceiling due to lack of cleaning t and g planks before installing laminate flooring. Investigator’s Observation: This is not a workmanship issue the Registrar has jurisdiction over. Governing Rule:

Compliance Item: 17 - Fireplace leaking Investigator’s Observation: This was installed by a contractor hired directly by the complainant. They will need address this with the contractor that installed the fireplace. Governing Rule:

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

Sincerely,

Chris Allison Chris Allison, Investigator #193 Desk: (928) 637-0481 Cell: (928) 210-1587 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812

Note: I will not respond to/accept any text messages. Any/all documents, photos, Etc. Will need to be emailed. Please reference complaint number in email.

CC: Choose an item. Choose an item. Choose an item. Choose an item.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Complaint #2024-01421 P 1 JSI PHOTOS J Complaint #2024-01421 P 2 JSI PHOTOS J Complaint #2024-01421 P 3 JSI PHOTOS J Complaint #2024-01421 P 4 JSI PHOTOS J Complaint #2024-01421 P 5 JSI PHOTOS J Complaint #2024-01421 P 6 JSI PHOTOS J Complaint #2024-01421 P 7 JSI PHOTOS J Complaint #2024-01421 P 8 JSI PHOTOS J Complaint #2024-01421 P 9 JSI PHOTOS J Complaint #2024-01421 P 10 JSI PHOTOS J Complaint #2024-01421 P 11 JSI PHOTOS J Complaint #2024-01421 P 12 JSI PHOTOS J Complaint #2024-01421 P 13 JSI PHOTOS J Complaint #2024-01421 P 14 JSI PHOTOS J Complaint #2024-01421 P 15 JSI PHOTOS J Complaint #2024-01421 P 16 JSI PHOTOS J Complaint #2024-01421 P 17 JSI PHOTOS J Complaint #2024-01421 P 18 JSI PHOTOS J Complaint #2024-01421 P 19 JSI PHOTOS J Complaint #2024-01421 P 20 JSI PHOTOS J Complaint #2024-01421 P 21 JSI PHOTOS J Complaint #2024-01421 P 22 JSI PHOTOS J Complaint #2024-01421 P 23 JSI PHOTOS J Complaint #2024-01421 P 24 JSI PHOTOS J Complaint #2024-01421 P 25 JSI PHOTOS J Complaint #2024-01421 P 26 JSI PHOTOS J Complaint #2024-01421 P 27 JSI PHOTOS J Complaint #2024-01421 P 28 JSI PHOTOS J Complaint #2024-01421 P 29 JSI PHOTOS J Complaint #2024-01421 P 30 JSI PHOTOS J Complaint #2024-01421 P 31 JSI PHOTOS J Complaint #2024-01421 P 32 JSI PHOTOS J Complaint #2024-01421 P 33 JSI PHOTOS J Complaint #2024-01421 P 34 JSI PHOTOS J Complaint #2024-01421 P 35 JSI PHOTOS J Complaint #2024-01421 P 36 JSI PHOTOS J Complaint #2024-01421 P 37 JSI PHOTOS J Complaint #2024-01421 P 38 JSI PHOTOS J Complaint #2024-01421 P 39 JSI PHOTOS J Complainant: Alyssa Culbertson 7454 E Knighthood Lane Williams, AZ 8604 6

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: R P M Masonry and General Contracting Inc DBA: 7745 E Gemini Dr Flagstaff, AZ 86004

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.: 2024-01421 Investigator: Chris Allison Inspection Date: Tuesday, June 11, 2024 Inspection Time: 11:00 AM

Compliance Jobsite General Notes:

This compliance inspection was performed at 7454 E Kinghthood Land, Williams, AZ 86046.

Both parties were present for the inspection.

On April 24,2024 a “Written Directive from the Registrar” was issued with a due date of May 12, 2024. On May 15, 2024 the due date was extended to June 7, 2024. This directive called for the Respondent to correct the following item(s):

Compliance Item: 4 - Kitchen cabinet install not completed Investigator’s Observation: Cabinets are missing trim, range is not secured. Complainant has stated that they have the remaining trim needed.

Respondent shall complete/correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 5 - paint job poorly done in areas of the home Investigator’s Observation: Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 6 - gaps in logs that expose outside Investigator’s Observation: Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Compliance Item: 7 - holes in ceilings and walls around light fixtures Investigator’s Observation: Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 8 - drywall not completed and already cracking in many spots Investigator’s Observation: Respondent shall complete/correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 9 - windows not sealed/caulked into wall properly. big gaps seen Investigator’s Observation: Respondent shall complete/correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 12 - fascia on base of home never completed Investigator’s Observation: Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 13 - The concrete foundation of the garage leaks Investigator’s Observation: Water should not be entering through the foundation.

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 shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 14 - Tension bolt were covered with spray foam Investigator’s Observation: Addendum item added at inspection.

Tension bolts are not accessible due to being covered in spray foam.

Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 15 - Stair finishing - loose tread Investigator’s Observation: Addendum item added at inspection.

Some stair treads are loose and/or not installed correctly. The drywall meeting the stair tread on the outside wall is done poorly.

Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 16 - HVAC return damaged. Investigator’s Observation: The complainant provided documentation showing a piece of flooring sitting in the return duct during construction.

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 shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

I arrived at the jobsite at the scheduled time and proceeded with the inspection.

Compliance Findings:

Compliance Item: 4 - Kitchen cabinet install not completed Investigator’s Observation: Signed off by Complainant at inspection. Corrected and in compliance with the written directive. Governing Rule: Corrected and in compliance with the written directive.

Compliance Item: 5 - paint job poorly done in areas of the home Investigator’s Observation: Not all the paint overspray was removed off the wood components of the home. There is also area where drywall dust was not cleaned as part of correction. This item is not in compliance with the written directive. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 6 - gaps in logs that expose outside Investigator’s Observation: Respondent stated at the inspection that “the gaps in the logs are through the entire house. I don’t have time to show you every single gap, that’s somebody else’s job. So, Billy has now foamed that because we have hornets coming into our house.”

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Gaps between logs is common in a log home. During the inspection I did not notice and gaps that were that exposed the outside.

Corrected and in compliance with the written directive. Governing Rule: Corrected and in compliance with the written directive.

Compliance Item: 7 - holes in ceilings and walls around light fixtures Investigator’s Observation: Only area not corrected is exposed drywall screws in the garage. This item is not in compliance with the written directive. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 8 - drywall not completed and already cracking in many spots Investigator’s Observation: The drywall was completed. Some of the corrected areas were not sanded smooth prior to painting. Some areas around logs were done poorly. The wall bump out at the back door is not within workmanship tolerances. This is causing the reveal against the door trim to taper. This item is not in compliance with the written directive. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 9 - windows not sealed/caulked into wall properly. Big gaps seen Investigator’s Observation: not all windows were caulked correctly. The reveal on the frames of some windows were not equal. This item is not in compliance with the written directive. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Compliance Item: 12 - fascia on base of home never completed Investigator’s Observation: The Fascia was installed. However, the fitment and staining was poor. This work was not done in a professional manner and is not in compliance with the written directive. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 13 - The concrete foundation of the garage leaks Investigator’s Observation: The Respondent sealed both sides of the foundation and installed gutters. This item is in compliance with the written directive. Governing Rule: Corrected and in compliance with the written directive.

Compliance Item: 14 - Tension bolt were covered with spray foam Investigator’s Observation: Correct and in compliance with the written directive. Governing Rule: Corrected and in compliance with the written directive.

Compliance Item: 15 - Stair finishing - loose tread Investigator’s Observation: The stairs were corrected. However, some of the caulking is sloppy and caulk is smudged on the walls. This item in not in compliance with the written directive. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 16 - HVAC return damaged. Investigator’s Observation: Corrected and in compliance with the written directive Governing Rule: Corrected and in compliance with the written directive.

Items not in compliance # 5,7,8,9,12,15 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 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,

Chris Allison Chris Allison, Investigator #193 Desk: (928) 637-0481 Cell: (928) 210-1587 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812

Note: I will not respond to/accept any text messages. Any/all documents, photos, Etc. Will need to be emailed. Please reference complaint number in email.

CC: Choose an item. Choose an item. Choose an item. Choose an item.

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

Alyssa Culbertson, Case No. 2024-01421 COMPLAINANT, v. R P M Masonry and General Contracting Inc. CITATION License No. ROC 168993, RESPONDENT.

The Registrar issues this Citation to R P M Masonry and General Contracting Inc. (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by July 6, 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 February 13, 2024, Alyssa Culbertson (“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)(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.

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Charge :2 A.R.S. § 32-1154(A)(22) Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification

within a reasonable period of time after receiving a written directive from

the Registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held.

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

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

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

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

and (F).

FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2024-01421. 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]

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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 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 July 6, 2024. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an

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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 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. 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 21, 2024.

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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 By: /s/ Shaquira Adebule Shaquira Adebule Legal Assistant II Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, June 21, 2024 to: Respondent Certified Mail No: [number redacted] R P M Masonry and General Contracting Inc. 7745 E Gemini Dr Flagstaff, AZ 86004

Copy mailed by USPS First Class mail this same date to: Respondent R P M Masonry and General Contracting Inc. 7745 E Gemini Dr Flagstaff, AZ 86004 Complainant Alyssa Culbertson 7454 E Knighthood Lane Williams, AZ 8604 6 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. 2024-01421 / SA

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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 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees 2024-01421

rec'd 2/13/2024

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

Alyssa Culbertson Mailing Address (Enter jobsite in Contract/Project section) City State Zip

7454 E Knighthood Lane Williams Arizona 86046 Phone Number Email

619-708-3722 [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)

R P M Masonry and General Contracting Inc ROC 168993 Street Address City State Zip

Phone Number Email

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

Ron Polder Contract/Project Information Contract Date Contract Amount Amount Paid

January 17, 2022 $659,685.00 $681,359.62 Date Work Started Date Work Stopped Date Work Was Completed

September 26, 2022 December 5, 2023 Close of Escrow (New Home) Move-In Date (New-Home)

November 17, 2023 Jobsite Street Address City State Zip

7454 e knighthood lane williams AZ 86046 Name of Construction Site Owner Construction Site Name (if applicable)

William and Alyssa Culbertson Phone Number of Construction Site Owner Email of Construction Site Owner

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

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

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

A building permit was obtained by Property Owner BD-21-1382 cocnino 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)

This job was poorly managed. contractor was never on site. went on vacation about 1/2 dozen times. communication was poor. inconsiderate of our time and money. never did a final walk thru let alone confirm all subs had done their jobs correctly of which wasn't always the case. Allegations Listed on Complaint:

From start to finish this job has been poorly managed by RPM. There was no supervision of job site and subs doing work.

No final inspection of job site was completed and therefore many things were left unfinished and not corrected.

Homeowners have put in more time and effort than contractor.

Kitchen cabinet install not completed

paint job poorly done in areas of the home

gaps in logs that expose outside

holes in ceilings and walls around light fixtures

drywall not completed and already cracking in many spots

windows not sealed/caulked into wall properly. big gaps seen

damaged flooring planks

sawdust falling from ceiling due to lack of cleaning t and g planks before installing laminate flooring.

fascia on base of home never completed

The concrete foundation of the garage leaks

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

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

Alyssa Culbertson \complainant1\ \complainantd1\

RCC099 12/05/18 Page 3 of 3 PROPOSAL RPM Masonry & General Contracting Inc 7745 E Gemini Drive Flagstaff, AZ 86004 928-606-2507 LICENSED • BONDED- INSURED RESIDENTIAL ROC Lie # 168993 • COMMERCIAL ROC Lie #213656

DATE: 1/17/22

JOB NAME: Culbertson Cabin

JOB LOCATION: 7454 E Knighthood Lane, Williams 86046

CLIENT NAME: William & Alyssa Culbertson

PHONE NUMBER: 619-708-3722

CLIENT EMAIL: [email redacted] [email redacted]

Septic alternative system- $23,000 Water Tank- $10,000 Excavation & Back fill- $7,500 Foundation- Footings/piers/stemwall/concrete- $45,585 Framing Materials- Trusses/sheeting/decks/misc-$75,000 Framing Labor for logs/trusses/sheeting/interior framing- $80,000 HVAC- $20,000 Electrical- $20,000 Electrical fixtures allowance- $2,500 Plumbing- $25,000 Plumbing Fixtures- $7,000 Flooring/Tile allowance- $42,000 Drywall- $12,000 Cabinets/ countertops allowance- $35,000 Trim- $6,500 Painting interior- $6,500 Insulation- $12,000 Windows- $30,000 Metal Roofing- $45,000 Exterior staining- $12,000 Exterior door allowance- $3,500 Garage door & motor- $3,500 Dumpster- $4,000 Porta potty- $1,800 Tree removal allowance- $2,700 Conduit/Excavation for APS line- $2,600 Boom lift rental- $15,000 RPM Construction fee- $80,000 Taxes- $30,000

Exclusions: Log home material package to be provided by owners. Plans and permit cost to be provided by owners. Septic permit & design. Any engineering or soils testing cost if needed

TOTAL AMOUNT DUE: $659,685.00 2/27/24, 12:26 PM 20240221_094309.jpg

https://mail.google.com/mail/u/0/#inbox?projector=1&messagePartId=0.1 1/1 2/27/24, 12:26 PM 20240221_094318.jpg

https://mail.google.com/mail/u/0/#inbox?projector=1&messagePartId=0.1 1/1 2/27/24, 12:25 PM Screenshot_20240220_170622_Samsung Notes.jpg

https://mail.google.com/mail/u/0/#inbox?projector=1&messagePartId=0.1 1/1 Complaint #2024-01421 P 1 JSI PHOTOS J Complaint #2024-01421 P 2 JSI PHOTOS J Complaint #2024-01421 P 3 JSI PHOTOS J Complaint #2024-01421 P 4 JSI PHOTOS J Complaint #2024-01421 P 5 JSI PHOTOS J Complaint #2024-01421 P 6 JSI PHOTOS J Complaint #2024-01421 P 7 JSI PHOTOS J Complaint #2024-01421 P 8 JSI PHOTOS J Complaint #2024-01421 P 9 JSI PHOTOS J Complaint #2024-01421 P 10 JSI PHOTOS J Complaint #2024-01421 P 11 JSI PHOTOS J Complaint #2024-01421 P 12 JSI PHOTOS J Complaint #2024-01421 P 13 JSI PHOTOS J Complaint #2024-01421 P 14 JSI PHOTOS J Complaint #2024-01421 P 15 JSI PHOTOS J Complaint #2024-01421 P 16 JSI PHOTOS J Complaint #2024-01421 P 17 JSI PHOTOS J Complaint #2024-01421 P 18 JSI PHOTOS J Complaint #2024-01421 P 19 JSI PHOTOS J Complaint #2024-01421 P 20 JSI PHOTOS J Complaint #2024-01421 P 21 JSI PHOTOS J Complaint #2024-01421 P 22 JSI PHOTOS J Complaint #2024-01421 P 23 JSI PHOTOS J Complaint #2024-01421 P 24 JSI PHOTOS J Complaint #2024-01421 P 25 JSI PHOTOS J Complaint #2024-01421 P 26 JSI PHOTOS J Complaint #2024-01421 P 27 JSI PHOTOS J Complaint #2024-01421 P 28 JSI PHOTOS J Complaint #2024-01421 P 29 JSI PHOTOS J Complaint #2024-01421 P 30 JSI PHOTOS J Complaint #2024-01421 P 31 JSI PHOTOS J Complaint #2024-01421 P 32 JSI PHOTOS J Complaint #2024-01421 P 33 JSI PHOTOS J Complaint #2024-01421 P 34 JSI PHOTOS J Complaint #2024-01421 P 35 JSI PHOTOS J Complaint #2024-01421 P 36 JSI PHOTOS J Complaint #2024-01421 P 37 JSI PHOTOS J Complaint #2024-01421 P 38 JSI PHOTOS J Complaint #2024-01421 P 39 JSI PHOTOS J Complaint #2024-01421 P 40 JSI PHOTOS J Complaint #2024-01421 P 41 JSI PHOTOS J Jobsite Inspection Notes

Case No.: 2024-01421 Investigator: Chris Allison #193 Inspection Date: Friday, March 29, 2024 Inspection Time: 10:00 AM

Complainant: Alyssa Culbertson Respondent: R P M Masonry and Not Present: General Contracting Inc Not Present:

Jobsite General Notes:

Date Filed: 2/13/2024

Jobsite Address: 4754 E Knighthood Lane, Williams, AZ 86046

Contractor ROC#: 168993

Contract Date: 1/17/2022

Contract Amount: $659,685.00

Close of Escrow or Date Work Completed: 11/17/2023

I arrived at the complainant’s residence at the scheduled time. We proceeded to inspect the items on the complaint list and I found the following:

Compliance Item: 4 - Kitchen cabinet install not completed Investigator’s Observation: Cabinets are missing trim, range is not secured. Complainant has stated that they have the remaining trim needed.

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

Respondent shall complete/correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 5 - paint job poorly done in areas of the home Investigator’s Observation: Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 6 - gaps in logs that expose outside Investigator’s Observation: Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 7 - holes in ceilings and walls around light fixtures Investigator’s Observation: Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 8 - drywall not completed and already cracking in many spots Investigator’s Observation: Respondent shall complete/correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23

Compliance Item: 9 - windows not sealed/caulked into wall properly. Big gaps seen Investigator’s Observation: Respondent shall complete/correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 12 - fascia on base of home never completed Investigator’s Observation: Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 13 - The concrete foundation of the garage leaks Investigator’s Observation: Water should not be entering through the foundation.

Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 14 - Tension bolt were covered with spray foam Investigator’s Observation: Addendum item added at inspection.

Tension bolts are not accessible due to being covered in spray foam.

Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the

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

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

Compliance Item: 15 - Stair finishing - loose tread Investigator’s Observation: Addendum item added at inspection.

Some stair treads are loose and/or not installed correctly. The drywall meeting the stair tread on the outside wall is done poorly.

Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 16 - HVAC return damaged. Investigator’s Observation: The complainant provided documentation showing a piece of flooring sitting in the return duct during construction.

Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

ITEMS NOT REQUIRING CORRECTION:

Compliance Item: 1 - From start to finish this job has been poorly managed by RPM. There was no supervision of job site and subs doing work. Investigator’s Observation: This is a statement, and not an allegation of poor workmanship I can inspect too. Governing Rule:

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

Compliance Item: 2 - No final inspection of job site was completed and therefore many things were left unfinished and not corrected. Investigator’s Observation: A Certificate of Occupancy was issued by the county building department on 11/15/2023. Governing Rule:

Compliance Item: 3 - Homeowners have put in more time and effort than contractor. Investigator’s Observation: This is a statement, and not an allegation of poor workmanship I can inspect too. Governing Rule:

Compliance Item: 10 - damaged flooring planks Investigator’s Observation: notice of damage to manufactured surfaces such as flooring has to be brought to the Respondent's attention within 10 day of occupancy.

At this time there was no documentation presented showing this notification. Governing Rule:

Compliance Item: 11 - sawdust falling from ceiling due to lack of cleaning t and g planks before installing laminate flooring. Investigator’s Observation: This is not a workmanship issue the Registrar has jurisdiction over. Governing Rule:

Compliance Item: 17 - Fireplace leaking Investigator’s Observation: This was installed by a contractor hired directly by the complainant. They will need address this with the contractor that installed the fireplace. Governing Rule:

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

Complainant: Alyssa Culbertson 7454 E Knighthood Lane Williams, AZ 8604 6

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: R P M Masonry and General Contracting Inc DBA: 7745 E Gemini Dr Flagstaff, AZ 86004

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 24, 2024

License No. ROC 168993

Re:Complaint No. 2024-01421

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

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

Compliance Item: 4 - Kitchen cabinet install not completed Investigator’s Observation: Cabinets are missing trim, range is not secured. Complainant has stated that they have the remaining trim needed.

Respondent shall complete/correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar;

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

Compliance Item: 5 - paint job poorly done in areas of the home Investigator’s Observation: Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 6 - gaps in logs that expose outside Investigator’s Observation: Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 7 - holes in ceilings and walls around light fixtures Investigator’s Observation: Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 8 - drywall not completed and already cracking in many spots Investigator’s Observation: Respondent shall complete/correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar;

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

Compliance Item: 9 - windows not sealed/caulked into wall properly. Big gaps seen Investigator’s Observation: Respondent shall complete/correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 12 - fascia on base of home never completed Investigator’s Observation: Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 13 - The concrete foundation of the garage leaks Investigator’s Observation: Water should not be entering through the foundation.

Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 14 - Tension bolt were covered with spray foam Investigator’s Observation: Addendum item added at inspection.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Tension bolts are not accessible due to being covered in spray foam.

Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 15 - Stair finishing - loose tread Investigator’s Observation: Addendum item added at inspection.

Some stair treads are loose and/or not installed correctly. The drywall meeting the stair tread on the outside wall is done poorly.

Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 16 - HVAC return damaged. Investigator’s Observation: The complainant provided documentation showing a piece of flooring sitting in the return duct during construction.

Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Compliance Item: 1 - From start to finish this job has been poorly managed by RPM. There was no supervision of job site and subs doing work. Investigator’s Observation: This is a statement, and not an allegation of poor workmanship I can inspect too. Governing Rule:

Compliance Item: 2 - No final inspection of job site was completed and therefore many things were left unfinished and not corrected. Investigator’s Observation: A Certificate of Occupancy was issued by the county building department on 11/15/2023. Governing Rule:

Compliance Item: 3 - Homeowners have put in more time and effort than contractor. Investigator’s Observation: This is a statement, and not an allegation of poor workmanship I can inspect too. Governing Rule:

Compliance Item: 10 - damaged flooring planks Investigator’s Observation: notice of damage to manufactured surfaces such as flooring has to be brought to the Respondent's attention within 10 day of occupancy.

At this time there was no documentation presented showing this notification. Governing Rule:

Compliance Item: 11 - sawdust falling from ceiling due to lack of cleaning t and g planks before installing laminate flooring. Investigator’s Observation: This is not a workmanship issue the

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Registrar has jurisdiction over. Governing Rule:

Compliance Item: 17 - Fireplace leaking Investigator’s Observation: This was installed by a contractor hired directly by the complainant. They will need address this with the contractor that installed the fireplace. Governing Rule:

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

Sincerely,

Chris Allison Chris Allison, Investigator #193 Desk: (928) 637-0481 Cell: (928) 210-1587 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812

Note: I will not respond to/accept any text messages. Any/all documents, photos, Etc. Will need to be emailed. Please reference complaint number in email.

CC: Choose an item. Choose an item. Choose an item. Choose an item.

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: Alyssa Culbertson 7454 E Knighthood Lane Williams, AZ 8604 6

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: R P M Masonry and General Contracting Inc DBA: 7745 E Gemini Dr Flagstaff, AZ 86004

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 24, 2024 *Extension of Due Date 5/15/2024*

License No. ROC 168993

Re:Complaint No. 2024-01421

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 Sunday, May 12, 2024.

*On 5/10/2024 Respondent requested to extend the due date to complete work. After reviewing the request it is determined that the due date will be extended. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on Friday, June 7, 2024.*

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

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

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Compliance Item: 4 - Kitchen cabinet install not completed Investigator’s Observation: Cabinets are missing trim, range is not secured. Complainant has stated that they have the remaining trim needed.

Respondent shall complete/correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 5 - paint job poorly done in areas of the home Investigator’s Observation: Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 6 - gaps in logs that expose outside Investigator’s Observation: Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 7 - holes in ceilings and walls around light fixtures Investigator’s Observation: Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Compliance Item: 8 - drywall not completed and already cracking in many spots Investigator’s Observation: Respondent shall complete/correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 9 - windows not sealed/caulked into wall properly. Big gaps seen Investigator’s Observation: Respondent shall complete/correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 12 - fascia on base of home never completed Investigator’s Observation: Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 13 - The concrete foundation of the garage leaks Investigator’s Observation: Water should not be entering through the foundation.

Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar;

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

Compliance Item: 14 - Tension bolt were covered with spray foam Investigator’s Observation: Addendum item added at inspection.

Tension bolts are not accessible due to being covered in spray foam.

Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 15 - Stair finishing - loose tread Investigator’s Observation: Addendum item added at inspection.

Some stair treads are loose and/or not installed correctly. The drywall meeting the stair tread on the outside wall is done poorly.

Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 16 - HVAC return damaged. Investigator’s Observation: The complainant provided documentation showing a piece of flooring sitting in the return duct during construction.

Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar;

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

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

Compliance Item: 1 - From start to finish this job has been poorly managed by RPM. There was no supervision of job site and subs doing work. Investigator’s Observation: This is a statement, and not an allegation of poor workmanship I can inspect too. Governing Rule:

Compliance Item: 2 - No final inspection of job site was completed and therefore many things were left unfinished and not corrected. Investigator’s Observation: A Certificate of Occupancy was issued by the county building department on 11/15/2023. Governing Rule:

Compliance Item: 3 - Homeowners have put in more time and effort than contractor. Investigator’s Observation: This is a statement, and not an allegation of poor workmanship I can inspect too. Governing Rule:

Compliance Item: 10 - damaged flooring planks Investigator’s Observation: notice of damage to manufactured surfaces such as flooring has to be brought to the Respondent's attention within 10 day of occupancy.

At this time there was no documentation presented showing this notification. Governing Rule:

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Compliance Item: 11 - sawdust falling from ceiling due to lack of cleaning t and g planks before installing laminate flooring. Investigator’s Observation: This is not a workmanship issue the Registrar has jurisdiction over. Governing Rule:

Compliance Item: 17 - Fireplace leaking Investigator’s Observation: This was installed by a contractor hired directly by the complainant. They will need address this with the contractor that installed the fireplace. Governing Rule:

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

Sincerely,

Chris Allison Chris Allison, Investigator #193 Desk: (928) 637-0481 Cell: (928) 210-1587 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812

Note: I will not respond to/accept any text messages. Any/all documents, photos, Etc. Will need to be emailed. Please reference complaint number in email.

CC: Choose an item. Choose an item. Choose an item. Choose an item.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Complaint #2024-01421 P 1 JSI PHOTOS J Complaint #2024-01421 P 2 JSI PHOTOS J Complaint #2024-01421 P 3 JSI PHOTOS J Complaint #2024-01421 P 4 JSI PHOTOS J Complaint #2024-01421 P 5 JSI PHOTOS J Complaint #2024-01421 P 6 JSI PHOTOS J Complaint #2024-01421 P 7 JSI PHOTOS J Complaint #2024-01421 P 8 JSI PHOTOS J Complaint #2024-01421 P 9 JSI PHOTOS J Complaint #2024-01421 P 10 JSI PHOTOS J Complaint #2024-01421 P 11 JSI PHOTOS J Complaint #2024-01421 P 12 JSI PHOTOS J Complaint #2024-01421 P 13 JSI PHOTOS J Complaint #2024-01421 P 14 JSI PHOTOS J Complaint #2024-01421 P 15 JSI PHOTOS J Complaint #2024-01421 P 16 JSI PHOTOS J Complaint #2024-01421 P 17 JSI PHOTOS J Complaint #2024-01421 P 18 JSI PHOTOS J Complaint #2024-01421 P 19 JSI PHOTOS J Complaint #2024-01421 P 20 JSI PHOTOS J Complaint #2024-01421 P 21 JSI PHOTOS J Complaint #2024-01421 P 22 JSI PHOTOS J Complaint #2024-01421 P 23 JSI PHOTOS J Complaint #2024-01421 P 24 JSI PHOTOS J Complaint #2024-01421 P 25 JSI PHOTOS J Complaint #2024-01421 P 26 JSI PHOTOS J Complaint #2024-01421 P 27 JSI PHOTOS J Complaint #2024-01421 P 28 JSI PHOTOS J Complaint #2024-01421 P 29 JSI PHOTOS J Complaint #2024-01421 P 30 JSI PHOTOS J Complaint #2024-01421 P 31 JSI PHOTOS J Complaint #2024-01421 P 32 JSI PHOTOS J Complaint #2024-01421 P 33 JSI PHOTOS J Complaint #2024-01421 P 34 JSI PHOTOS J Complaint #2024-01421 P 35 JSI PHOTOS J Complaint #2024-01421 P 36 JSI PHOTOS J Complaint #2024-01421 P 37 JSI PHOTOS J Complaint #2024-01421 P 38 JSI PHOTOS J Complaint #2024-01421 P 39 JSI PHOTOS J Complainant: Alyssa Culbertson 7454 E Knighthood Lane Williams, AZ 8604 6

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: R P M Masonry and General Contracting Inc DBA: 7745 E Gemini Dr Flagstaff, AZ 86004

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.: 2024-01421 Investigator: Chris Allison Inspection Date: Tuesday, June 11, 2024 Inspection Time: 11:00 AM

Compliance Jobsite General Notes:

This compliance inspection was performed at 7454 E Kinghthood Land, Williams, AZ 86046.

Both parties were present for the inspection.

On April 24,2024 a “Written Directive from the Registrar” was issued with a due date of May 12, 2024. On May 15, 2024 the due date was extended to June 7, 2024. This directive called for the Respondent to correct the following item(s):

Compliance Item: 4 - Kitchen cabinet install not completed Investigator’s Observation: Cabinets are missing trim, range is not secured. Complainant has stated that they have the remaining trim needed.

Respondent shall complete/correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 5 - paint job poorly done in areas of the home Investigator’s Observation: Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 6 - gaps in logs that expose outside Investigator’s Observation: Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Compliance Item: 7 - holes in ceilings and walls around light fixtures Investigator’s Observation: Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 8 - drywall not completed and already cracking in many spots Investigator’s Observation: Respondent shall complete/correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 9 - windows not sealed/caulked into wall properly. big gaps seen Investigator’s Observation: Respondent shall complete/correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 12 - fascia on base of home never completed Investigator’s Observation: Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 13 - The concrete foundation of the garage leaks Investigator’s Observation: Water should not be entering through the foundation.

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 shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 14 - Tension bolt were covered with spray foam Investigator’s Observation: Addendum item added at inspection.

Tension bolts are not accessible due to being covered in spray foam.

Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 15 - Stair finishing - loose tread Investigator’s Observation: Addendum item added at inspection.

Some stair treads are loose and/or not installed correctly. The drywall meeting the stair tread on the outside wall is done poorly.

Respondent shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 16 - HVAC return damaged. Investigator’s Observation: The complainant provided documentation showing a piece of flooring sitting in the return duct during construction.

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 shall correct in an appropriate manner. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

I arrived at the jobsite at the scheduled time and proceeded with the inspection.

Compliance Findings:

Compliance Item: 4 - Kitchen cabinet install not completed Investigator’s Observation: Signed off by Complainant at inspection. Corrected and in compliance with the written directive. Governing Rule: Corrected and in compliance with the written directive.

Compliance Item: 5 - paint job poorly done in areas of the home Investigator’s Observation: Not all the paint overspray was removed off the wood components of the home. There is also area where drywall dust was not cleaned as part of correction. This item is not in compliance with the written directive. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 6 - gaps in logs that expose outside Investigator’s Observation: Respondent stated at the inspection that “the gaps in the logs are through the entire house. I don’t have time to show you every single gap, that’s somebody else’s job. So, Billy has now foamed that because we have hornets coming into our house.”

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Gaps between logs is common in a log home. During the inspection I did not notice and gaps that were that exposed the outside.

Corrected and in compliance with the written directive. Governing Rule: Corrected and in compliance with the written directive.

Compliance Item: 7 - holes in ceilings and walls around light fixtures Investigator’s Observation: Only area not corrected is exposed drywall screws in the garage. This item is not in compliance with the written directive. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 8 - drywall not completed and already cracking in many spots Investigator’s Observation: The drywall was completed. Some of the corrected areas were not sanded smooth prior to painting. Some areas around logs were done poorly. The wall bump out at the back door is not within workmanship tolerances. This is causing the reveal against the door trim to taper. This item is not in compliance with the written directive. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 9 - windows not sealed/caulked into wall properly. Big gaps seen Investigator’s Observation: not all windows were caulked correctly. The reveal on the frames of some windows were not equal. This item is not in compliance with the written directive. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Compliance Item: 12 - fascia on base of home never completed Investigator’s Observation: The Fascia was installed. However, the fitment and staining was poor. This work was not done in a professional manner and is not in compliance with the written directive. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 13 - The concrete foundation of the garage leaks Investigator’s Observation: The Respondent sealed both sides of the foundation and installed gutters. This item is in compliance with the written directive. Governing Rule: Corrected and in compliance with the written directive.

Compliance Item: 14 - Tension bolt were covered with spray foam Investigator’s Observation: Correct and in compliance with the written directive. Governing Rule: Corrected and in compliance with the written directive.

Compliance Item: 15 - Stair finishing - loose tread Investigator’s Observation: The stairs were corrected. However, some of the caulking is sloppy and caulk is smudged on the walls. This item in not in compliance with the written directive. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 16 - HVAC return damaged. Investigator’s Observation: Corrected and in compliance with the written directive Governing Rule: Corrected and in compliance with the written directive.

Items not in compliance # 5,7,8,9,12,15 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 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,

Chris Allison Chris Allison, Investigator #193 Desk: (928) 637-0481 Cell: (928) 210-1587 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812

Note: I will not respond to/accept any text messages. Any/all documents, photos, Etc. Will need to be emailed. Please reference complaint number in email.

CC: Choose an item. Choose an item. Choose an item. Choose an item.

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