2024A-01437-CHC-ROC Notice of Hearing & Packet MAILED 2024-01437.pdf

2024A-01437-CHC-ROC · Registrar of Contractors · 2024-05-23

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Seth Washinowski , Case No. 2024-01437

COMPLAINANT, Docket No. 2024A-01437-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE New Image Landscape and Pools LLC License No. ROC 247546,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

July 3, 2024 9:00 AM Tammy Eigenheer Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

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

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

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

STATEMENT OF LEGAL AUTHORITY AND JURISDICTION

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

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

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

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

PARTICULAR ARIZONA STATUTES AND RULES INVOLVED

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

complaint and citation, which were served on the Respondent on April 19, 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 May 24, 2024.

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

Copy mailed via USPS First Class mail May 24, 2024 to:

Respondent(s) New Image Landscape and Pools LLC 2815 S Alma School Rd Ste. 118 Mesa, AZ 85210

Complainant(s) Seth Washinowski 11142 East Ravenna Avenue Mesa, AZ 85212

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. 2024-01437 /

Katie Hobbs, Governor Martin Quezada, Director

Hearing Packet FAQ What is the Hearing Packet?

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

Who gets the Hearing Packet?

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

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

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

What is in the Hearing Packet?

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

● Original complaint;

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

Katie Hobbs, Governor Martin Quezada, Director

● Citation; and ● Answer.

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

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

What if there are documents missing from the Hearing Packet?

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

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

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

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

Katie Hobbs, Governor Martin Quezada, Director

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

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

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

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

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

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

Complainant: Seth Washinowski 11142 East Ravenna Avenue Mesa, AZ 85212

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 Respondent: New Image Landscape and Pools LLC DBA: 2815 S Alma School Rd Ste 118 Mesa, AZ 85210

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

Re: Complaint No. 2024-01437

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for Friday, March 8, 2024 at 09:30 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

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

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 If the parties resolve the complaint prior to the inspection, please notify the assigned investigator in writing and by phone as soon as possible.

Sincerely,

Albert Bernal Albert Bernal, Investigator [number redacted] [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

Cc: File Respondent Complainant

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

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

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

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

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

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

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

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

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 A Guide to Written Directives Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.

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

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

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

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

Manner and method of performance: The Registrar does not provide specific instructions for how to correct poor work. A licensed contractor is expected to have the skill and 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 professionalism to complete the work. Moreover, the complainant may not dictate the manner of repair. If the contractor fails to appropriately correct the work according to the contract, the Registrar will issue a citation.

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

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 Jobsite inspections Photos 1 Case No: 2024-01437 Investigator: Albert Bernal #214 Inspection Date: 3/8/2024 Inspection Time: 9:30AM Address: 11142 East Ravenna Avenue Mesa AZ, 85212

Front of residence Jobsite inspections Photos 2 Case No: 2024-01437 Investigator: Albert Bernal #214 Inspection Date: 3/8/2024 Inspection Time: 9:30AM Address: 11142 East Ravenna Avenue Mesa AZ, 85212

Misting system never installed. Jobsite inspections Photos 3 Case No: 2024-01437 Investigator: Albert Bernal #214 Inspection Date: 3/8/2024 Inspection Time: 9:30AM Address: 11142 East Ravenna Avenue Mesa AZ, 85212

Misting system never installed Jobsite inspections Photos 4 Case No: 2024-01437 Investigator: Albert Bernal #214 Inspection Date: 3/8/2024 Inspection Time: 9:30AM Address: 11142 East Ravenna Avenue Mesa AZ, 85212

Misting system never installed Complainant: Seth Washinowski 11142 East Ravenna Avenue Mesa, AZ 85212

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: New Image Landscape and Pools LLC DBA: 2815 S Alma School Rd Ste 118 Mesa, AZ 85210

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 16, 2024

License No. ROC 247546

Re:Complaint No. 2024-01437 Amended wirting directive

WRITTEN DIRECTIVE FROM THE

REGISTRAR Dear Respondent:

After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on April 10, 2024.

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

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

Compliance Item: 1 - Commercial Grade Misting System not installed Investigator’s Observation: Verified. I was shown the backyard area (pergola) where the misting system is to be installed, and I noted that the misting system was not installed. Respondent is awarded of the issue and agreed to correct it. Respondent shall complete project per original contract agreement, properly executed change orders, verbal agreements, and manufacturer’s installation instructions.

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 Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional .

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

N/A

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

Sincerely,

Albert Bernal Albert Bernal, Investigator [number redacted] [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

CC: Respondent Complainant

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

Case No.: 2024-01437 Investigator: Albert Bernal Inspection Date: Friday, March 8, 2024 Inspection Time: 09:30 AM

Complainant: Seth Washinowski Respondent: New Image Not Present: Landscape and Pools LLC Stacey Steward Not Present:

Jobsite General Notes: This investigation was regarding a misting system (commercial grade) that was part of the contract but was never installed. It appears the system was delivered to the Complainants residence but later it went missing from the property. The Respondent explained that there were some incidents involving some employees including the employment termination of some of them. The Respondent is aware that the issue exists and said that an insurance claim was filed in order to replace the missing equipment and therefore be able to proceed with the installation.

Compliance Item: 1 - Commercial Grade Misting System not installed Investigator’s Observation: Verified. I was shown the backyard area (pergola) where the misting system is to be installed and I noted that the misting system was not installed at the time of this inspection. Respondent is aware of the issue and agreed to correct it. Respondent shall complete project per original contract agreement, properly executed change orders, verbal agreements, local building codes and manufacturers installation instructions. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

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

ITEMS NOT REQUIRING CORRECTION:

N/A

Albert Bernal Albert Bernal, Investigator [number redacted] [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

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: Seth Washinowski 11142 East Ravenna Avenue Mesa, AZ 85212

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 March 11, 2024

License No. ROC 247546

Re:Complaint No. 2024-01437

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

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 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards.

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

N/A

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

Sincerely,

Albert Bernal Albert Bernal, Investigator [number redacted] [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

CC: Respondent Complainant

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Seth Washinowski Case No. 2024-01437 COMPLAINANT, v. New Image Landscape and Pools LLC CITATION License No. ROC 247546,

RESPONDENT.

The Registrar issues this Citation to New Image Landscape and Pools LLC

(“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by May

4, 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 5, 2024, Seth Washinowski (“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. 2024-01437. 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 May 4, 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 April 19, 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/ Madelyn Hayes Madelyn Hayes Legal Assistant II Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, April 19, 2024 to:

Respondent Certified Mail No: [number redacted]

New Image Landscape and Pools LLC 2815 S Alma School Rd Ste 118 Mesa, AZ 85210-4003 Copy mailed by USPS First Class mail this same date to:

New Image Landscape and Pools LLC 2815 S Alma School Rd Ste 118 Mesa, AZ 85210-4003 Complainant Seth Washinowski 11142 East Ravenna Avenue Mesa, AZ 85212 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. 2024-01437 / MTH

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 2815 S. Alma School Rd. MESA, AZ 85210 PH: (480) 654-4422 ROC# 069226 C-21 ROC# 247546 B-5 ROC#319979 A-9

CONSTRUCTION CONTRACT NILP Contract No. 2378 Remodel: No POOL, LANDSCAPE AND HARDSCAPE CONSTRUCTION

I. BASIC INFORMATION:

Owner's Name(s) Notice Information: Name(s): Seth Washinowski Address for Notices: 11142 E Ravenna Ave Mesa, AZ 85212 Work Phone: 712.251.9732 Cell Phone Number: 712.251.9732 Home Phone 712.251.9732 Email: [email redacted]

Property:Same as Above Contract Total Price: $114,971.56

Credit Card payments incur an additional 3.3% fee. Cash, Check, Bank Transfer or Money Order isaccepted.

Payment Schedule: Payment Description

If the project is Landscape/Hardscape only then the following Payment Schedule is Mandated by the ROC:

Payment Due at Acceptance $17,245.76

Payment due PRIOR to Excavation $28,742.91

Payment due PRIOR to Shotcrete $28,742.91

Payment due PRIOR to the start of Hardscape $28,742.91 Final Payment Due PRIOR to Pebble Installation $11,497.08 (This is not contingent on punch list items being completed) Sum of payments: $114,971.56

Please note that completion of project does not include punch list items or warranty items. Payment is still due when the project is 99% complete.

If the project has a pool/spa then the following Payment Schedule is Mandated by the ROC:

Brief Description of the Work: New Pool Build, Hardscape and Landscape. The Work is more fully described in Estimate to this Contract.

Design Consultant

_SW / Owner Initials II. ADDITIONAL TERMS AND CONDITIONS

THIS CONSTRUCTION CONTRACT is made to be effective as of the Effective Date (defined below) by and between NEW IMAGE LANDSCAPE AND POOLS LLC, an Arizona limited liability company (the "Contractor"), whose Arizona Contractor's License Numbers are ROC 069226 (C-21 B Landscaping and Irrigation Systems) and ROC 247546 (B-5 B General Swimming Pool Contractor); and Contractor's customer, who is the person, persons, legal entity or legal entities identified as the "Owner" on the first page of this Contract and on the signature page (collectively, the "Owner).

Estimated Date of Commencement of The Work: Approximately 4-6 weeks after: (a) Contractor's receipt of the Deposit; and (b) satisfaction of Owner's obligations for commencement of the Work set forth in Section 2.2 of this Contract. If New Image Landscape and Pools can start before 4-6 weeks, your project manager will let you know ahead of time.

Estimated Date of Substantial Completion: The estimated date of substantial completion for your project is determined based on the following formula that incorporates your project’s contract price:

Contract Price: $ 114,971.56 ÷ $6000.00 = 19-20 Weeks from pool excavation commencement date

As an example, if your project is 60k, it will take 10 weeks to complete once work has started (not from the signing of the Contract).

Completion Date Extension: It is agreed that the completion date shall be extended for delays experienced by Contractor because of the inability to reasonably obtain materials, acts of God, bad weather, fires, restrictive governmental law or regulations, accidents or interference of any kind that is reasonably beyond the control of Contractor.

Extra Work/Change Orders: Contractor shall not be required to provide extra work, upgrades or changes to this Contract unless a separate written change order is agreed upon between Contractor and Owner, which shall then be incorporated herein.

Concealed Conditions: If conditions are encountered on the property that are subsurface or otherwise concealed physical conditions, which have been previously undisclosed to Contractor or if there are any unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities, the contract price shall be adjusted equitably to compensate Contractor for additional reasonable costs incurred by Contractor to complete the job because of such unknown and unforeseen physical conditions.

Exclusions: Contractor shall not be obligated to perform any work to correct damage caused by Owner or Owner’s agents or subcontractors not hired by Contractor, acts of God, soil slippage, earthquake, abnormal weather, vandalism or any act, event or occurrence beyond the reasonable control of Contractor.

Non-Payment: Contractor shall have the right to stop work and to keep the job idle if payments are not made when due.

Final Payment Waiver: The making of the final payment shall constitute a waiver of claims by Owner against Contractor except those arising out of liens, claims, security interests or other encumbrances arising out of the Contract, failure of the work to comply with contract requirements or terms of applicable warranties.

Additional Owner Safety Responsibilities: Owner agrees to limit access to the construction site by Owner, family members of Owner and any invitees of Owner, and to take all reasonable precautions to prohibit any injury to such individuals, any pets, contractor, any subcontractors on the job and any other individuals on the construction site.

For notices allowed hereunder:

Contractor's Representative: James Stewart Contractor's Notice Information: New Image Landscape and Pools LLC 2815 S. Alma School RD #127B Mesa, AZ 85210 Attn: James Stewart Email address: [email redacted]

Owner’s Notice Information: Owner shall be notified at the Property address or such other address as provided by Owner to Contractor.

General Provisions:

This Contract shall be binding upon the heirs, personal representatives, lawful assigns and lawful successors of the parties.

It is agreed paragraph headings/captions are for convenience only.

The parties agree in the event of a breach of this Contract, the breaching party will pay the other party costs and reasonable attorney fees incurred because of the breach, whether a lawsuit is instituted or not.

Each party to this Contract agrees to do all things and take all actions, and to make, execute and deliver such other documents and instruments as shall be reasonably requested to carry out the provisions, intent and purpose of this Contract.

_SW / Owner Initials Addendum A Points of Emphasis

The following Points of Emphasis are hereby incorporated into and made a part of the Construction Contract: 1) It is the customer’s responsibility to handle all pool barriers. Pool barriers vary based on what municipality your project is located. We will gladly help you identify the barriers needed but New Image does not take care of them.

2) When we dig the pool and we’re planning on taking down a section of the wall, we will put a temporary fence up until hardscape and rebuild the wall at that point. You are responsible for the additional costs to rebuild the wall and any additional expense to put the access area back its original state.

3) If there is any rain on a day we're supposed to work, assume we won't be working. Most of the time, we don't work with rain or bad weather because construction is not safe during that time.

4) During construction, we are not responsible for securing animals so please plan accordingly.

5) Any change outside the contracted design and job scope, must have a signed change order that is paid in full when the change is performed. If this is not done, the change won't be made. The changes could result in a delay depending on raw material availability and delivery of the product.

6) The payment schedule is a state mandated law and must be followed exactly or the job progress will stop per the ROC's requirements that we must follow.

7) Please remember that estimated date of substantial completion for your project is based on an average completion rate for all of our projects on an annual basis. This is based on when work starts, not when the Agreement is signed. If you have expectations that are not in line with this formula, please talk to your salesman because this is what we will average, nothing faster.

8) There will be changes in the schedule as the project moves along, it is normal for this to happen. Our goal is to communicate with you as they arise. We can’t predict unforeseen delays; however, we do everything in our power to forecast accurately and ensure you’re informed through the process.

9) It is the customer’s responsibility to turn the water off. The water needs to fill until it’s mid tile line, approximately 3” below the coping of the pool. Customers should not heat the pool or spa for 4 weeks or risk damage to the pool interior and potentially voiding the interior warranty.

10) If prior to shotcrete, we get rain that causes settling of the dirt, we will have to send the excavation company to muck out the dirt and reset the 3” clearance between the rebar and the dirt. The excavation company charges a $350 fee to do this. It’s an uncommon occurrence, but it is something to remember. Also, when this happens, it creates overbreak on the shotcrete installation. This can result in an extra charge for shotcrete because the removal of dirt causes an increase in shotcrete.

11) If the customer has new gas being ran in the Agreement, it is the customer’s responsibility to contact their gas provider to hook the new gas up to their meter.

12) If any payment due is not received by Contractor within 5 days of the due date, then Owner must pay: (a) a late fee equal to $250.00, or 5% of the required payment, whichever is greater; and

(b) interest on all unpaid amounts (including any unpaid late fee) at the rate of 1.5% per month (18% APR) from the original due date until paid. Owner must pay the late fee and the interest in each such event, and without the necessity for Notice from Contractor. In addition, Contractor will have the right to stop its performance of the Work, or of any warranty work, without Notice to Owner until payment in full of past due amounts, plus all applicable late fees and interest, is received in cash, wire transfer or cashier's check. After receiving full payment of past due amounts, Contractor will resume performance of the Work or of any warranty work within 5 Business Days.

13) 3D renderings are an artistic creation of what the yard will look like. However, materials, plants, and every other main detail of the 3D renderings will be varying from the actual installation. Please do not expect your final product to look exactly like the 3D renderings you were shown.

14) Under Arizona law, in order to fully maintain our lien rights in the event of a default in payment, we must send you what’s commonly called a “preliminary notice” within 20 days of first furnishing labor or materials. This is not an actual lien, but it’s something we must do by law in order to protect our right to be paid.

_SW / Owner Initials 15) For your protection, please read all contract documents thoroughly. If it’s not in writing, it does not exist. EXHIBIT "A" NOTICE OF CANCELLATION

(Owner: Do not sign and return this Notice to New Image Landscape and Pools unless you are cancelling the Construction Contract.)

Contract Effective Date: _Sep 10, 2021

You may cancel this transaction, without any penalty or obligation, within three business days from the Effective Date of the Construction Contract.

If you cancel, any payments made by you under the Contract and any negotiable instrument executed by you will be returned within ten business days following receipt by Contractor of your cancellation notice.

If you cancel you must make available to the Contractor, at the Property and in the same condition as when received, any materials delivered to the Property under this Contract.

If the Contractor does not pick up the materials within twenty days of the date of your notice of cancellation, you may retain or dispose of the materials without any further obligation. If you fail to make the materials available to the Contractor, or if you agree to return the materials to the Contractor and fail to do so, then you remain liable for performance of all obligations under the Contract.

To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice or any other written notice, or send a telegram, to: New Image Landscape and Pools LLC, P.O. Box 50235, Mesa, AZ 85208, not later than midnight on .

I or We hereby cancel this transaction.

Owner's signature (Date signed)

Note: All Owners who signed the Construction Contract must sign this Cancellation.

_SW / Owner Initials DESCRIPTION OF THE LIMITED WARRANTY

LANDSCAPES:

(a) Hardscape items: 2 years. (b) Sprinklers, irrigation and drip systems: 1 year. (c) Plants and trees: 30 days. Contractor performs plant and tree warranty at 30 days after install. Warranty is a one-time only service, and applies only to plants that are watered by an automatic irrigation system installed by Contractor. (d) Standard lighting system: 1-year manufacturer's warranty on all fixtures, and a 1-year manufacturer's warranty on all transformers. (e) Focus lighting system: 10-year manufacturer's warranty on all fixtures, and a manufacturer's lifetime warranty on all transformers. (f) Synthetic turf: 8-year manufacturer's warranty. Contractor also provides an official certificate supporting lead free products.

Exclusions: There are no warranties on annual plants or Ocotillo trees. Contractor will not be liable for loss of plants, trees or sod resulting from damage caused by the Owner, frost, wind, animals, storms or vandalism. Contractor-installed plants, trees and sod will be set up on an automatic irrigation system with the correct watering times needed. Owner must follow the recommended watering schedules. If Contractor determines that Owner has not properly used or maintained the irrigation system and followed the necessary schedule changes, the warranty on plants, trees and sod will be void.

SWIMMING POOLS AND SPAS:

(a) Concrete shell: lifetime materials and labor. (b) Interior aggregate (pebble) surface: 10 years’ materials and labor for materials installed below the waterline, 2 years’ materials and labor for materials installed at and above the waterline. (c) Waterline tile and trim tile: 2 years’ materials and labor. (d) Concrete Paver coping, cap, and deck: lifetime materials, 2 years’ labor. (e) Masonry installations attached or adjacent to the swimming pool or spa: lifetime materials, 2 years’ labor. (f) Underground plumbing, gas, and electric lines: lifetime materials, 2 years’ labor. (g) Heater, pump and filter: 3-year manufacturer's warranty. This warranty applies only to Pentair brand equipment, and only if all three items (heater, pump and filter) be Pentair brand equipment. (h) In-floor cleaning system: lifetime manufacturer's warranty. The manufacturer guarantees that their system will clean at a 99.5% efficiency rate. This warranty applies only to Paramount brand cleaning systems.

Exclusions: Warranty repairs to the pool or spa surface, tile or deck might not precisely match surrounding or existing color, shade or texture. Cracks may reappear following warranty repair of cracks in the pool, spa or deck. Any one or more of the following conditions or events may occur to a swimming pool or spa surface but all of which are normal, result from the inherent characteristics of plaster, pebble stone and other surfaces, are beyond Contractor's control and will not be considered defects: (1) color or shading may vary, and may not be the exact shade anticipated; (2) light or dark streaks may appear; (3) over time, the color may vary and fade, and the surface may become streaked, blotchy, mottled, cracked or crazed; (4) spot etching, calcium nodules or other issues related to water chemistry may appear; (5) slight variations and waves in the surface may be seen; (6) pebble surface may have a variegated appearance caused by natural variations in size, color and appearance of the stones used; and (7) periodic loss of stones from a pebble surface.

GENERAL:

(a) All warranty time periods start to run upon Substantial Completion of the Work, and apply to the original Owner only. "Lifetime" means the lifetime of the original Owner for so long as the original Owner owns the Property. Any element of the Work whose warranty period is not described above, or excluded, has a 3-year materials and labor warranty.

(b) In addition to the provisions, limitations and exclusions set forth above and in the Construction Contract, the warranty does not cover loss or damage to the Work arising in whole or in part by events or conditions beyond Contractor's control, including the effects of: preexisting conditions of or at the Property; acts of nature; acts of persons other than Contractor; expansion, contraction, settling or other shifting of soils; accidents; neglect, abuse or misuse; vandalism; tree roots; excavation too close to swimming pool or spa edge; walls, fences and other structures added adjacent to pool or pool deck; excessive irrigation of adjacent land; failure to maintain proper chemistry (including alkalinity, pH level, hardness, buildup of minerals and dissolved solids) of pool fill water as recommended by Contractor or pool service company; improper use of pool chemicals; use of gas chlorine in pool water; failure to follow start-up procedures recommended by Contractor or pool service company; failure to regularly and adequately brush down pool interior surface; and failure to adequately drain the pool. The warranty also does not cover the cost of replacing fill water or chemicals, and the loss of use of pool.

SW Guaranty This Guaranty is made by the undersigned owners, members, managers, shareholders, officers, directors of (the "Owner"), and their respective spouses (collectively, "us," "our" or "we"), for the benefit of NEW IMAGE LANDSCAPE AND POOLS LLC, an Arizona limited liability company ("you" or "your"), and your successors and assigns, in connection with the Construction Contract between Owner and you (the "Contract").

A. In consideration of, and as an inducement and condition precedent to, your execution of the Contract, we hereby personally, absolutely and unconditionally: (1) guarantee to you and your successors and assigns that Owner will fully and punctually pay and perform each and every undertaking, agreement and covenant set forth in the Contract; and (2) agree to be personally bound by, and personally liable for the performance or breach of, each and every provision in the Contract, including: Owner's monetary obligations; Owner's non-monetary obligations; Owner's obligations to take or refrain from taking certain actions (including restrictive covenants); Owner's waivers, representations and warranties; and Owner's covenants, agreements and waivers regarding mediation and arbitration of disputes. B. We hereby waive: (1) protest and notice of default, demand for payment or nonperformance of any obligations guaranteed by this Guaranty;(2) any right we may have to require that an action be brought against Owner or any other person as a condition of our liability, including the provisions of Sections 12-1641, et seq., 44-142 and 47-3605 of the Arizona Revised Statutes, and Rule 17(f) of the Arizona Rules of Civil Procedure (Title 16, Arizona Revised Statutes), and any corresponding successor or future statutes or rules; (3) all right to payment or reimbursement from, or subrogation against, Owner that we may have arising out of our guaranty of Owner's obligations; and (4) any and all other notices and legal or equitable defenses to which we may be entitled in our capacity as guarantor. C. We hereby consent, intend and agree that: (1) our liability under this Guaranty will be joint and several, direct, immediate, primary, unconditional and independent of the obligations of Owner; (2) we will make any payment or render any performance required under the Contract on demand if Owner delays, fails or refuses to do so when required; (3) this Guaranty is a guarantee of payment and performance, not merely of collection, and a separate action or actions may be brought and prosecuted against us, or any of us, regardless of whether you bring an action against Owner or whether you join Owner in any such action or actions; (4) our liability will not be contingent or conditioned on your pursuit of any remedies against Owner or any other person; (5) our liability will not be diminished, relieved or otherwise affected by any extension of time, credit or other indulgence that you may from time to time grant to Owner or to any other person, including the acceptance of any partial payment or performance, or the compromise or release of any claims; (6) this Guaranty is a continuing guaranty relating to the Contract, including any replacement or modification of the Contract; (7) this Guaranty will continue and be irrevocable during the term of the Contract (including any substitutions of the Contract), and after the expiration or sooner termination of the Contract for so long as Owner has any obligations under the Contract; (8) you may have recourse against our respective marital communities, as to those of us who are married persons, and against our separate property, and in such order and manner as you may elect; and (9) our liability under this Guaranty will continue with regard to any sums Owner or any other person or party pays to you under the Contract but which sums you, in whole or in part, refund, return, pay or disgorge, whether voluntarily or involuntarily, for any reason whatsoever (including if the payment to you is deemed a fraudulent transfer or conveyance or a preferential payment) or for no reason. D. This Guaranty will be governed by and construed and enforced under Arizona law, whose courts will have jurisdiction over any legal proceedings or actions arising from this Guaranty. We hereby: (1) submit to the nonexclusive personal jurisdiction of the courts of the State of Arizona and the federal courts of the United States of America located in the State of Arizona for the purposes of any suit, proceeding or hearing brought to enforce or construe the terms of this Guaranty or the Contract; (2) stipulate that the exclusive venue and location of the mediation and arbitration hearings, litigation, suits, proceedings, hearings and other actions will be Maricopa County, Arizona; and (3) waive any right we may have to contest venue and jurisdiction in Maricopa County, Arizona, as well as any claims that venue and jurisdiction is invalid. Time is of the essence of this Guaranty. The invalidity or unenforceability of any term or provision of this Guaranty will not affect the validity or enforceability of any other term or provision of this Guaranty. Words in the singular number include the plural, and vice versa; and masculine references include the feminine and neuter, and vice versa. The word "including" is not limiting but, instead, must be read as "including, without limitation" or "including, by way of illustration and not limitation" as the context may dictate. The word "we" means each, as well as all, of the undersigned. E. We, jointly and severally, agree to pay all expenses and costs of any kind or nature whatsoever you incur to collect any payments due under this Guaranty or to enforce or interpret this Guaranty, with or without suit, in mediation or arbitration, in any bankruptcy proceeding (including contested matters and adversary proceedings), on appeal, and in connection with pre-judgment collections actions and post-judgment collections enforcement, including the following expenses and costs: all attorneys' fees, all taxable court costs, all non-attorney professional fees (including all fees, costs and other charges of accountants, expert witnesses and appraisers), and all non-taxable costs (including all photocopy, facsimile, long distance and cellular telephone, private investigation, computerized legal research, messenger, overnight courier, postage, travel and transportation, and secretarial overtime charges). If you are required to engage legal counsel in connection with any failure by us to comply with this Guaranty, we agree to promptly and fully reimburse you for any and all of the costs and expenses described in the previous sentences that you incur.

This Guaranty is made to be effective (although not necessarily signed) as of the Effective Date of the Contract.

Guarantor 1 Signature: _ _ Seth Washinowski (Sep 10, 202 1 11:06 PDT) Guarantor 1 Spouse Signature: Printed name: _Seth Washinowski Printed name:

Guarantor 2 Signature: Guarantor 2 Spouse Signature: Printed name: Printed name: 5/2/24, 10:11 AM State of Arizona Mail - Citation 2024-01437

Answers - AZROC <[email redacted]>

Citation 2024-01437 message

Stacey Stewart <[email redacted]> Thu, May 2, 2024 at 9:20 AM To: [email redacted]

Good Afternoon,

Our official response to notification: As we had a mist system manufactured per site specific size, we had to wait for production. Water and Electrical have already been installed . The system will be installed 100% on May 8th. And 100% up and working.

Sincerely,

Stacey Stewart

[email redacted] www.newimagelandscapeandpools.com 480-280-8166 Cell 480-654-4422 Office Continually serving in excellence since 1981 ROC #069226 C-21 ROC #247546 B-5 ROC #319979 A-9 Disclaimer: The attached documents are the intellectual property of New Image Landscape and Pools and are not to be shared with other contractors. These designs have been created by the Design Team at New Image Landscape and Pools and are the private intellectual property that's only to be shared with you (the customer) and New Image Landscape and Pool's employees. Thank you for your cooperation.

https://mail.google.com/mail/b/AEoRXRSL7NbnDSCU-KxZ0t3-FdXsMyFdq0eGkgKogjkaIrpd-HTc/u/0/?ik=581c53cf5c&view=pt&search=all&permthid… 1/1 Mediation Notice

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

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

v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.

REQUEST

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

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

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

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

_____________________________________ _______________________ Respondent (or representative) Date

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

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

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

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

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

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

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

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

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

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

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

Exhibit Exhibit Name

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

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

Print Name Signature Date

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