2024A-01537-CHC-ROC Notice of Hearing & Packet MAILED 2024-01537.pdf

2024A-01537-CHC-ROC · Registrar of Contractors · 2024-05-31

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Madison Springer , Case No. 2024-01537

COMPLAINANT, Docket No. 2024A-01537-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Tucson Window and Door Inc. License No. ROC 206959,

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

HEARING INFORMATION The hearing is set for:

July 16, 2024 1:00 PM Kay Abramsohn Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

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

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

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

STATEMENT OF LEGAL AUTHORITY AND JURISDICTION

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

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

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

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

PARTICULAR ARIZONA STATUTES AND RULES INVOLVED

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

complaint and citation, which were served on the Respondent on May 8, 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(c) 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 June 3, 2024.

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

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

Respondent(s) Tucson Window and Door Inc. 3961 E Speedway Blvd Tucson, AZ 85712

Complainant(s) Madison Springer 2488 E Andrada Rd Vail, AZ 85641 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. 2024-01537 /

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: Madison Springer 2488 E Andrada Rd Vail, AZ 85641

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: Tucson Window and Door Inc DBA: 3961 E Speedway Blvd Tucson, AZ 85712

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 February 20, 2024

Re: Complaint No. 2024-01537

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for April 9th, 2024 at : 12:30 PM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

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

Mike Springer Mike Springer, Investigator #192 520 5089735 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

Cc: File 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 C008 12/23 A Guide to Jobsite Inspections

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 Complainant: Madison Springer 2488 E Andrada Rd Vail, AZ 85641

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: Tucson Window and Door Inc 3961 E Speedway Blvd Tucson, AZ 85712

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

License No. ROC 206959

Re:Complaint No. 2024-01537

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 30th, 2024.

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

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

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

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

Compliance Item: 2 - Installation failure. Caulking application interior Investigator’s Observation: Several interior windows have cracking in caulk. Window in kitchen is out of plum approx. 1/4". Kids bedroom window is out of plumb approx 1/4" There are cracks in the drywall around several windows. I am unable to determine if this was caused by the Respondent. 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.

Compliance Item: 4 - Installation failure. Damage to stucco Investigator’s Observation: Windows at garage have either stucco damage or excess stucco that appears white. 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:

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: 3 - Installation failure. Damage to windows during install Investigator’s Observation: I did not verify any damaged windows. Governing Rule:

Compliance Item: 5 - Installation failure. Damage to window cutouts Investigator’s Observation: Openings for windows have been caulked, unable to determine any stucco damage. Governing Rule:

Compliance Item: 6 - Installation failure. Poor workmanship Investigator’s Observation: General statement, not specific. Governing Rule:

Compliance Item: 7 - Contract breach. Failure to properly install windows Investigator’s Observation: Addressed in previous items. Governing Rule:

Compliance Item: 8 - Management issue. Refusal to communicate (Bret, owner) Investigator’s Observation: This is a general statement, not a workmanship item. Governing Rule:

Compliance Item: 9 - Management issue. Refusal to complete agreed upon actions Investigator’s Observation: This is a general statement, not a workmanship item. Governing Rule:

Compliance Item: 10 - Management issue: Late contracted work dates/no show dates

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Investigator’s Observation: This is a general statement, not a workmanship item. Governing Rule:

Compliance Item: 11 - Management issue. Lying about assessments Investigator’s Observation: This is a general statement, not a workmanship item. Governing Rule:

Compliance Item: 12 - Management issue. Lying about homeowner actions Investigator’s Observation: This is a general statement, not a workmanship item. Governing Rule:

Compliance Item: 13 - Management issue. Refusal to communicate with Anlin windows (window supplier) Investigator’s Observation: This is a general statement, not a workmanship item. Governing Rule:

Compliance Item: 14 - Management issue: Breach of contracted work as installation company through Anlin Windows Investigator’s Observation: This is a general statement, not a workmanship item. Governing Rule:

Compliance Item: 15 - Management issue. Failure to return emails/calls Investigator’s Observation: This is a general statement, not a workmanship item. 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: 16 - Out of scope assessments. Intention of doing roof assessment and water damage assessment as a window company Investigator’s Observation: This is a general statement, not a workmanship item. Governing Rule:

Compliance Item: 17 - Management issue. Failure to resolve issue after repeated attempts by owners to try and resolve Investigator’s Observation: This is a general statement, not a workmanship item. Governing Rule:

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

Sincerely,

Mike Springer Mike Springer, Investigator #192 520 5089735 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

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.: 2024-01537 Investigator: Mike Springer Inspection Date: 4-9-24 Inspection Time: 12:30 PM

Complainant: Madison Springer Respondent: Tucson Window and Not Present: Door Inc Not Present:

Jobsite General Notes: Photos were taken to document items. The complainant/Respondent and I addressed each item of the complaint. JSI audio recorded.

Compliance Item: 1 - Installation failure. Caulking use/application exterior Investigator’s Observation: Caulking is cracking and failing on multiple windows. Caulking work is poor, smeared on stucco in many areas. Caulking gaps are approx 3/8". Unable to determine caulking type from Respondent. Specifications are unknown. 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.

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

several windows. I am unable to determine if this was caused by the Respondent. 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:

Compliance Item: 3 - Installation failure. Damage to windows during install Investigator’s Observation: I did not verify any damaged windows. Governing Rule:

Compliance Item: 5 - Installation failure. Damage to window cutouts Investigator’s Observation: Openings for windows have been caulked, unable to determine any stucco damage. Governing Rule:

Compliance Item: 6 - Installation failure. Poor workmanship Investigator’s Observation: General statement, not specific. 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: 7 - Contract breach. Failure to properly install windows Investigator’s Observation: Addressed in previous items. Governing Rule:

Compliance Item: 8 - Management issue. Refusal to communicate (Bret, owner) Investigator’s Observation: This is a general statement, not a workmanship item. Governing Rule:

Compliance Item: 9 - Management issue. Refusal to complete agreed upon actions Investigator’s Observation: This is a general statement, not a workmanship item. Governing Rule:

Compliance Item: 10 - Management issue: Late contracted work dates/no show dates Investigator’s Observation: This is a general statement, not a workmanship item. Governing Rule:

Compliance Item: 11 - Management issue. Lying about assessments Investigator’s Observation: This is a general statement, not a workmanship item. Governing Rule:

Compliance Item: 12 - Management issue. Lying about homeowner actions Investigator’s Observation: This is a general statement, not a workmanship item. 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: 13 - Management issue. Refusal to communicate with Anlin windows (window supplier) Investigator’s Observation: This is a general statement, not a workmanship item. Governing Rule:

Compliance Item: 15 - Management issue. Failure to return emails/calls Investigator’s Observation: This is a general statement, not a workmanship item. Governing Rule:

Compliance Item: 16 - Out of scope assessments. Intention of doing roof assessment and water damage assessment as a window company Investigator’s Observation: This is a general statement, not a workmanship item. Governing Rule:

Mike Springer Mike Springer, Investigator #192 520 5089735 [email redacted] 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23

1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

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

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Madison Springer, Case No. 2024-01537 COMPLAINANT, v. Tucson Window and Door Inc. CITATION License No. ROC 206959,

RESPONDENT.

The Registrar issues this Citation to Tucson Window and Door Inc. (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by May 23, 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 8, 2024, Madison Springer (“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(c) 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

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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 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. 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. 2024-01537. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways:

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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 In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted] The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than May 23, 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.

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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 RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. 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

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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 constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated May 8, 2024. By: /s/ Tedi Quezada Tedi Quezada Legal Assistant Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, May 8, 2024 to:

Respondent Certified Mail No: [number redacted]

Tucson Window and Door Inc. 3961 E Speedway Blvd Tucson, AZ 85712-4554 Copy mailed by USPS First Class mail this same date to:

Respondent Tucson Window and Door Inc. 3961 E Speedway Blvd Tucson, AZ 85712-4554 Complainant Madison Springer 2488 E Andrada Rd. Vail, AZ 85641

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. 2024-01537

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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 5/1/24, 2:04 PM State of Arizona Mail - Re: Complainant- Directive

Michael Springer <[email redacted]>

Re: Complainant- Directive messages

Madison Springer <[email redacted]> Tue, Apr 30, 2024 at 12:16 PM To: Mike Springer <[email redacted]>

Mike,

Tucson Window and Door just emailed us at 1122 to schedule the corrections. We haven’t heard anything from them since the inspection.

Today is the last day for them to complete the corrections, correct? Not schedule?

Sent from my iPhone

On Apr 15, 2024, at 11:00, Madison Springer <[email redacted]> wrote:

mm. I will see if I can pull up our footage from the doorbell camera to see if I can see a caulking tube. Not H sure it will go back that far but worth a shot.

Is there was no flashing, would we have to worry about water damage in the walls?

Sent from my iPhone

On Apr 15, 2024, at 10:46, Mike Springer <[email redacted]> wrote:

No way to tell if flashing was used unless the window is pulled out. For the caulking, the most popular brand is called ISO QUAD. If this is the brand, it specifically states once it's applied to NOT touch it, it creates cracks or otherwise. I tried to get the info from them but no response.

Mike Springer

Investigator #192

Arizona Registrar of Contractors

1700 west Washington, Ste, 105

Phoenix, AZ 85007

520-508-9735 – Mobile

520-628-6588 – Fax

Email: [email redacted]

The ROC is now on social media!

Make sure to follow us on:

https://mail.google.com/mail/u/0/?ik=6fc03499a2&view=pt&search=all&permthid=thread-a:r5312871875758301734&simpl=msg-f:[number redacted]… 1/5 5/1/24, 2:04 PM State of Arizona Mail - Re: Complainant- Directive facebook 4 twitter 2

Fill out AZ ROC’s survey to let us know how we’re

doing and how we can better serve you!

cid:[email protected]

On Mon, Apr 15, 2024 at 10:35 AM Madison Springer <[email redacted]> wrote: Mike,

I have no idea what type of caulking they used unfortunately. They have come back to “fix” it a few times and this last time, Jim, one of the managers I think, said it was the wrong stuff. He has been the one person to help us at the company.

We may be able to ask him for the type? Assuming Dale didn’t know?

I know they said they used window flashing when you asked them but is there a way we can check? I don’t remember them putting any flashing in unless it was built into the windows somehow? They just sawzall’d the windows out and popped the new ones in. They took out the metal flashing if that was in place with the old ones.

Don’t want to be a pain in the ass haha. If you are busy, no worries.

Sent from my iPhone

On Apr 15, 2024, at 08:17, Mike Springer <[email redacted]> wrote:

The issue with the caulking is there many different types, some allow up to 3/8" or more. other than what people say online as opinion, they don't restrict width that I could find.. Any idea what brand they used? Of course it still needs to be done neatly and not crack.

Mike Springer

Investigator #192

Arizona Registrar of Contractors

1700 west Washington, Ste, 105 https://mail.google.com/mail/u/0/?ik=6fc03499a2&view=pt&search=all&permthid=thread-a:r5312871875758301734&simpl=msg-f:[number redacted]… 2/5 5/1/24, 2:04 PM State of Arizona Mail - Re: Complainant- Directive Phoenix, AZ 85007

520-508-9735 – Mobile

520-628-6588 – Fax

Email: [email redacted]

The ROC is now on social media!

Make sure to follow us on:

facebook 4 twitter 2

Fill out AZ ROC’s survey to let us know how we’re

doing and how we can better serve you!

cid:[email protected]

On Fri, Apr 12, 2024 at 3:32 PM Madison Springer <[email redacted]> wrote: Mike,

So now they have until the 30th to correct the damages? What does correct look like for the caulking width??

Sent from my iPhone

On Apr 12, 2024, at 14:33, Mike Springer <[email redacted]> wrote:

A written Directive has been issued in your case, please see attached documents. You will also receive these documents via USPS mail.

Additional Information:

Once a written directive has been issued, the Respondent should schedule corrections (Email is recommended) The ROC Considers regular working hours to be Mon-Fri 8AM to 5PM. If the Complainant refuses access to the Respondent after making reasonable requests to correct the complaint items, the case may be closed due to denial of access.

https://mail.google.com/mail/u/0/?ik=6fc03499a2&view=pt&search=all&permthid=thread-a:r5312871875758301734&simpl=msg-f:[number redacted]… 3/5 5/1/24, 2:04 PM State of Arizona Mail - Re: Complainant- Directive

Mike Springer

Investigator #192

Arizona Registrar of Contractors

1700 west Washington, Ste, 105

Phoenix, AZ 85007

520-508-9735 – Mobile

520-628-6588 – Fax

Email: [email redacted]

The ROC is now on social media!

Make sure to follow us on:

facebook 4 twitter 2

Fill out AZ ROC’s survey to let us know how we’re

doing and how we can better serve you!

cid:[email protected]

<20240412 C009 Written Directive-2024-01537.pdf>

Madison Springer <[email redacted]> Tue, Apr 30, 2024 at 12:18 PM To: Mike Springer <[email redacted]>

Mike, [Quoted text hidden]

https://mail.google.com/mail/u/0/?ik=6fc03499a2&view=pt&search=all&permthid=thread-a:r5312871875758301734&simpl=msg-f:[number redacted]… 4/5 5/1/24, 2:04 PM State of Arizona Mail - Re: Complainant- Directive Mike Springer <[email redacted]> Tue, Apr 30, 2024 at 1:43 PM To: Madison Springer <[email redacted]>

This is correct. Items should be completed, or at least started by this date. Your option at this point is to allow corrections and extend or we send the case to a hearing. Let me know. [Quoted text hidden] [Quoted text hidden]

Madison Springer <[email redacted]> Tue, Apr 30, 2024 at 1:52 PM To: Mike Springer <[email redacted]>

Mike,

We are not interested in giving them an extension.

Do you recommend that we get a lawyer for the hearings?

Thank you!

Sent from my iPhone

On Apr 30, 2024, at 13:44, Mike Springer <[email redacted]> wrote:

[Quoted text hidden]

Mike Springer <[email redacted]> Wed, May 1, 2024 at 2:03 PM To: Madison Springer <[email redacted]>

Understood, I am sending the case into legal to setup a hearing, you will hear from the legal dept VS me from here on out, please be patient, it takes awhile. [Quoted text hidden] [Quoted text hidden]

https://mail.google.com/mail/u/0/?ik=6fc03499a2&view=pt&search=all&permthid=thread-a:r5312871875758301734&simpl=msg-f:[number redacted]… 5/5 4/17/24, 2:28 PM State of Arizona Mail - Complainant- Directive

Michael Springer <[email redacted]>

Complainant- Directive messages

Mike Springer <[email redacted]> Fri, Apr 12, 2024 at 2:33 PM To: Madison Springer <[email redacted]>

A written Directive has been issued in your case, please see attached documents. You will also receive these documents via USPS mail.

Additional Information:

Mike Springer

Investigator #192

Arizona Registrar of Contractors

1700 west Washington, Ste, 105

Phoenix, AZ 85007

520-508-9735 – Mobile

520-628-6588 – Fax

Email: [email redacted]

The ROC is now on social media!

Make sure to follow us on:

facebook 4 twitter 2

Fill out AZ ROC’s survey to let us know how we’re

doing and how we can better serve you!

cid:[email protected]

CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. https://mail.google.com/mail/u/0/?ik=6fc03499a2&view=pt&search=all&permthid=thread-a:r5312871875758301734&simpl=msg-a:r-[number redacted]… 1/3 4/17/24, 2:28 PM State of Arizona Mail - Complainant- Directive

20240412 C009 Written Directive-2024-01537.pdf 166K

Madison Springer <[email redacted]> Fri, Apr 12, 2024 at 3:31 PM To: Mike Springer <[email redacted]>

Mike,

So now they have until the 30th to correct the damages? What does correct look like for the caulking width??

Sent from my iPhone

On Apr 12, 2024, at 14:33, Mike Springer <[email redacted]> wrote:

[Quoted text hidden] <20240412 C009 Written Directive-2024-01537.pdf>

Mike Springer <[email redacted]> Mon, Apr 15, 2024 at 8:17 AM To: Madison Springer <[email redacted]>

Madison Springer <[email redacted]> Mon, Apr 15, 2024 at 10:35 AM To: Mike Springer <[email redacted]>

Mike,

We may be able to ask him for the type? Assuming Dale didn’t know?

Don’t want to be a pain in the ass haha. If you are busy, no worries.

Sent from my iPhone

https://mail.google.com/mail/u/0/?ik=6fc03499a2&view=pt&search=all&permthid=thread-a:r5312871875758301734&simpl=msg-a:r-[number redacted]… 2/3 4/17/24, 2:28 PM State of Arizona Mail - Complainant- Directive On Apr 15, 2024, at 08:17, Mike Springer <[email redacted]> wrote:

[Quoted text hidden]

Mike Springer <[email redacted]> Mon, Apr 15, 2024 at 10:46 AM To: Madison Springer <[email redacted]>

Madison Springer <[email redacted]> Mon, Apr 15, 2024 at 10:59 AM To: Mike Springer <[email redacted]>

Hmm. I will see if I can pull up our footage from the doorbell camera to see if I can see a caulking tube. Not sure it will go back that far but worth a shot.

Is there was no flashing, would we have to worry about water damage in the walls?

Sent from my iPhone

On Apr 15, 2024, at 10:46, Mike Springer <[email redacted]> wrote:

[Quoted text hidden]

https://mail.google.com/mail/u/0/?ik=6fc03499a2&view=pt&search=all&permthid=thread-a:r5312871875758301734&simpl=msg-a:r-[number redacted]… 3/3 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees 2024-01537

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

Madison Springer Mailing Address (Enter jobsite in Contract/Project section) City State Zip

2488 E Andrada Rd Vail Arizona 85641 Phone Number Email

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

Street Address of Attorney City State Zip

Phone Number of Attorney Email of Attorney

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

Tucson Window and Door Inc ROC 206959 Street Address City State Zip

3961 E Speedway Blvd Tucson AZ 85712 Phone Number Email

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

Lauren Crownover;Dale Craig;Jim (unknown last name) ;Rachel Morgan;Mike (unknown last name) Contract/Project Information Contract Date Contract Amount Amount Paid

September 9, 2022 $25,000.00 $25,000.00 Date Work Started Date Work Stopped Date Work Was Completed

December 5, 2022 March 2, 2023 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

2488 E Andrada Rd Vail AZ 85641 Name of Construction Site Owner Construction Site Name (if applicable)

Phone Number of Construction Site Owner Email of Construction Site Owner

This complaint is for Poor Work;Other I have contacted the contractor by Have you filed a complaint in court? No Has any work been corrected? No

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

The contract was Written All change orders were Written This project was Residential This project involved Other Window Installation A building permit was obtained by N/A 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)

The install of our windows was done incorrectly, damaged our home, and has now breached contract. The subsequent install attempts failed, caused more damage to our home, and required that we be home for additional weeks of installation. The owner has refused to communicate with us and managers are lying about actions being done.

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

Madison Springer \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 From: Madison Kelly <[email redacted]> Date: February 8, 2024 at 09:10:53 MST To: Dale Craig <[email redacted]> Cc: [email redacted] Subject: Re: copy of agreement Dale,

I am in meetings and can’t talk right now. Can you email over what you wanted to speak about please. Thanks

Madison

On Feb 7, 2024, at 14:58, Dale Craig <[email redacted]> wrote: I am going to call you tomorrow morning around 8:30, with your permission>

From: Madison Kelly <[email redacted]> Sent: Wednesday, February 07, 2024 1:37 PM To: Dale Craig <[email redacted]> Subject: Re: copy of agreement Thanks.

On Feb 7, 2024, at 13:29, Dale Craig <[email redacted]> wrote:

From: Madison Kelly <[email redacted]> Sent: Wednesday, February 07, 2024 1:05 PM To: Dale Craig <[email redacted]> Subject: Re: copy of agreement Dale,

Can you also send the reverse side please?

Thanks, Madison

On Feb 7, 2024, at 12:40, Dale Craig <[email redacted]> wrote:

Dale A Craig General Sales Manager Tucson Window and Door (520) 298-3667

From: Madison Kelly <[email redacted]> Date: January 30, 2024 at 19:44:29 MST To: Lauren Crownover <[email redacted]> Subject: Re: Springer Home Lauren,

Not sure who you called but I have no missed calls today. Tomorrow at 9 please.

Madison On Jan 30, 2024, at 15:45, Lauren Crownover <[email redacted]> wrote:

Hi Madison,

My sales manager, Dale, and I tried to call you earlier today to discuss a few things (I apologize if you did not receive a voicemail). If you have a time in the morning that works best for you, Dale and I can call you to review a few details.

I wanted to bring Dale into the mix for a few reasons and we reviewed the photos and timeline of installation of your windows today. He is in complete agreement with the need to determine a permanent solution. Because Bret’s son was still sick today, I did not get to speak with him in person, but he did agree to providing compensation. He wants to understand the full scope of the service needed now before giving me those specifics.

I would still like to have Jim out to you as scheduled this week. I think it would be best to have him do a complete assessment of the work that needs to be done so that we can make sure to order any materials that may be needed. I’m not sure if some of the units may need to be removed and reinstalled or replaced, but Jim can give me that information after reviewing your windows. This way, we would be able to have everything we need, the appropriate amount of time and the right installers scheduled to get everything taken care of in however many consecutive days are needed.

Please let me know if there is a time tomorrow morning that works for me to call you. I will make sure Dale is also on the call.

Thank you

From: Madison Kelly <[email redacted]> Sent: Tuesday, January 30, 2024 3:24 PM To: Lauren Crownover <[email redacted]> Cc: [email redacted] Subject: Re: Springer Home Lauren,

I need an update today.

From: Madison Kelly <[email redacted] Date: January 29, 2024 at 14:46:06 MST To: Lauren Crownover <[email redacted] Cc: [email redacted] Subject: Re: Springer Home Lauren,

Stephen talked to Bret on Friday, correct? On Jan 29, 2024, at 11:16, Lauren Crownover <[email redacted] wrote: Good morning Madison,

Thank you for the pictures. I understand your frustration and I appreciate your patience. As of right now, I do not believe that Bret will be in the office today due to his son being sick. I am going to talk to my sales manager today so that he can also try to speak with Bret. Stephen, our Anlin rep, is set to give me a call later this afternoon. I just wanted to give you a quick update in the meantime.

From: Madison Kelly <[email redacted] Sent: Monday, January 29, 2024 7:50 AM To: Lauren Crownover <[email redacted] Cc: [email redacted] Subject: Re: Springer Home Lauren,

Pictures are attached. Just some of them. There are a lot more.

On Jan 26, 2024, at 10:27, Madison Kelly <[email redacted] wrote: Lauren,

And here we go again. Please give me a call after you review the notes.

Thanks Madison

On Mar 22, 2023, at 11:41, Lauren Crownover <[email redacted] wrote: He will be there between 10-1 on Saturday.

From: Madison Kelly <[email redacted] Sent: Wednesday, March 22, 2023 8:22 AM To: Lauren Crownover <[email redacted] Subject: Re: Springer Home Saturday with Mike works. What time?

On Mar 22, 2023, at 08:21, Lauren Crownover <[email redacted] wrote: Our installation manager is Mike, and I can have him out to you on Saturday. He was the one that did the initial quality control. He also did the final measurements before order.

Or I could send out my service technician, Jeremy. I don't know if he has ever been out to your home, but he also does assessments for me.

From: Madison Kelly <[email redacted] Sent: Tuesday, March 21, 2023 3:19 PM To: Lauren Crownover <[email redacted] Subject: Re: Springer Home Is that Mike or someone else? Mike is the guys who came last night, right?

On Mar 21, 2023, at 15:00, Lauren Crownover <[email redacted] wrote: I can set up a quality control with my installation manager or service technician to come out and do an inspection. Is there a day that would work best for you? I also have him available this Saturday.

From: Madison Kelly <[email redacted] Sent: Tuesday, March 21, 2023 11:03 AM To: Lauren Crownover <[email redacted] Subject: Re: Springer Home Lauren,

Okay. Will Mike be coming out to do an inspection of work completed?

On Mar 21, 2023, at 10:37, Lauren Crownover <[email redacted] wrote: Good morning Madison,

Yes, I will be in the office all day on Wednesday. I just found out that there was a miscommunication with my receptionist regarding the check. I had given it to her in the morning in case you stopped by for it, but she thought I wanted her to mail it to you. I would be more than happy to meet with you in person, but the check was put in the mail yesterday. Please let me know when you receive it.

From: Madison Kelly <[email redacted] Sent: Monday, March 20, 2023 10:20 AM To: Lauren Crownover <[email redacted] Cc: [email redacted] Subject: Re: Springer Home Lauren,

We can wait until you are in the office to pick it up. Will you be in Wednesday?

On Mar 20, 2023, at 08:09, Lauren Crownover <[email redacted] wrote: Good morning Madison,

I apologize for not getting back to you on Friday. I have been in and out of the office and have not been regularly checking my emails. I can have a check ready for you anytime today. I will not be in the office this afternoon, but I will make sure to have it ready for you to pick up.

From: Madison Kelly <[email redacted] Sent: Friday, March 17, 2023 3:57 PM To: Lauren Crownover <[email redacted] Cc: [email redacted] Subject: Re: Springer Home Lauren,

Since the owner isn’t interested is dealing with this, please have the check ready for pickup on Monday afternoon. We are tired of trying to get him to give a crap about the failure of his company.

Please email me what time on Monday it will be ready. On Mar 17, 2023, at 15:48, Madison Kelly <[email redacted] wrote: Lauren, A second checkin for the day. Any updates?

On Mar 17, 2023, at 08:55, Madison Kelly <[email redacted] wrote: Lauren, Has the owner said anything yet?

On Mar 13, 2023, at 11:40, Lauren Crownover <[email redacted] wrote: Hi Madison, Yes, I was about to walk into a meeting when Holly told me you called in. I am still trying to work out a meeting with the owner. He has not given me anything different than the original $800 discount up to this point, but I will continue to do the best I can in trying to get closer to a more acceptable resolution.

From: Madison Kelly <[email redacted] Sent: Monday, March 13, 2023 9:14 AM To: Lauren Crownover <[email redacted] Cc: [email redacted] Subject: Re: Springer Home

Lauren, Tried calling this morning to speak with you and was told you were going to email today. Please include my husband on the email, he is cc’d. Expect to hear from you today in some form. My cell is 707.685.4259 if needed but I would prefer email. Thank you

On Mar 9, 2023, at 10:53, Madison Kelly <[email redacted] wrote: Lauren, So is his intention to give us the run-around? Is he not willing to negotiate with us as the home owners?

On Mar 7, 2023, at 15:32, Lauren Crownover <[email redacted] wrote: Hi Madison, I am really pushing to have at the very least, a conference call with you and the owner. He is not in the office on a regular basis, so I am having a hard time getting him to give me a more definitive answer. I know you have been extremely patient with us, and I apologize for not having a better answer for you right now. My intention is not to continue to give you the run-around.

From: Madison Kelly <[email redacted] Sent: Tuesday, March 7, 2023 10:19 AM To: Lauren Crownover <[email redacted] Cc: [email redacted] Subject: Re: Springer Home Lauren, What day this week will we hear something? It keeps getting pushed off to a further date. We lost over a week of work and life to enable the correction of the damages that your installers made to our home. Why can’t we get an answer or even open a discussion between us and the owner to get to an agreement? On Mar 2, 2023, at 12:07, Madison Kelly <[email redacted] wrote: Ok. Can you pass along him number? I left a key for him.

On Mar 2, 2023, at 11:51, Lauren Crownover <[email redacted] wrote: Hi Madison, Sorry for the late response. I believe Jim should be out there by now (if not, any minute), but shouldn't have any issues since it is just interior work today. The owner is still thinking about the amount, but I should have an answer for you by next week.

From: Madison Kelly <[email redacted] Sent: Thursday, March 2, 2023 9:05 AM To: Lauren Crownover <[email redacted] Cc: [email redacted] Subject: Re: Springer Home Lauren, Not sure how much snow Tucson got but Vail got about 4-6in. If Jim needs to reschedule, we can do that. Let me know.

On Mar 1, 2023, at 10:25 AM, Madison Kelly <[email redacted] wrote: Lauren, Any updates? Thanks, Madison

On Feb 24, 2023, at 09:48, Lauren Crownover <[email redacted] wrote: I did. I let him know that I spoke with you regarding the $800 and needing to have further discussion. He told he would think it over and we could discuss it further. I will talk to him today when he comes to the office to see is ready for that discussion.

From: Madison Kelly <[email redacted] Sent: Friday, February 24, 2023 9:45 AM To: Lauren Crownover <[email redacted] Cc: [email redacted] Subject: Re: Springer Home

Lauren, That’s fine. Have you spoken with the owner yet?

On Feb 24, 2023, at 09:27, Lauren Crownover <[email redacted] wrote: Good morning Madison, Yes, I can have Jim finish on the 2nd. He has a site visit first thing in the morning, so he would be able to arrive between 10-12. Let me know if this works for you. Thank you,

From: Madison Kelly <[email redacted] Sent: Friday, February 24, 2023 8:52 AM To: Madison Kelly <[email redacted] Cc: Lauren Crownover <[email redacted] Subject: Re: Springer Home Lauren, Can Jim finish on Thurs 2 March? My parents will be in town and will be at the house.

On Feb 16, 2023, at 16:35, Madison Kelly <[email redacted] wrote: Yep. We pulled it out. I’ll leave it by the door though

On Feb 16, 2023, at 15:20, Lauren Crownover <[email redacted] wrote: Hi Madison, Jim finished up with most of the exterior caulking today. If possible, can you leave the paint out for him to come by and finish tomorrow? He said he could also pick up more throughout the day if needed. Thank you!

From: Madison Kelly <[email redacted] Sent: Tuesday, February 14, 2023 12:04 PM To: Lauren Crownover <[email redacted] Cc: [email redacted] Subject: Re: Springer Home

Lauren, Great. Thank you for starting that conversation. Jim finished up the caulking in back (I believe) so the dogs will be in the yard. There are a few areas of split calling in the house that I talked to Mike and Jim about and I told Jim if it comes down to it, we can leave the house unlocked. Not thrilled about that but I can't be home anymore. Thank you for initiating that conversation. We will wait until next week to start the next level discussions.

On Feb 14, 2023, at 11:59 AM, Lauren Crownover <[email redacted] wrote: Hi Madison, As Jim explained it, he would be working on the caulking on Thursday and then completing the painting on Friday. That way the caulk can dry overnight. I'm thinking that if you have the paint, he can take a sample with him on Thursday and have it color matched so that he can pick up more if needed for Friday.

I have already started the conversation regarding compensation with the owner. He understands the significance of the substandard workmanship and time taken from you to get this right. He feels that we should wait to have a more in-depth discussion until everything is completed so that we will have a full understanding of everything that had to take place to correct the initial installation. I have also been given the green light to contact a contractor should there be additional stucco work necessary. I will need to talk to Jim further about what he thinks the best course of action would be. Please let me know if you have any questions.

From: Madison Kelly <[email redacted] Sent: Tuesday, February 14, 2023 11:25 AM To: Lauren Crownover <[email redacted] Cc: [email redacted] Subject: Re: Springer Home Lauren,

No worries. How many gallons of paint will Jim need? We only have about 1/3-1/2 a gallon. The 16th and 17th is fine, but we will both be at work. Is that the time estimate for finishing the caulking or is that the time estimate for painting as well?

Has the conversation been started internally for monetary compensation for the project? The amount of days I or Ryan had to be home, the damages to the house, the time wasted on late appts or showtimes of late afternoon instead of 0900...

This 25K project was far below standards and regardless of the work Jim has done/will do, there are still damages to our home and many lost days with having to be at the house. Initial install was three days. We have had to be home an additional 6+.

On Feb 14, 2023, at 8:49 AM, Lauren Crownover <[email redacted] wrote: Good morning Madison, I apologize, we do close at 4pm. If it is easier, you can call or text me on my personal cell phone, which is (267) 222-0504.

From: Madison Kelly <[email redacted] Sent: Monday, February 13, 2023 4:02 PM To: Lauren Crownover <[email redacted] Cc: [email redacted] Subject: Re: Springer Home

Lauren, Just tried to call and got the out of office hours recording. Thought it was 430. I will give you a call tomorrow if you don’t get this. Thanks

On Feb 12, 2023, at 21:22, Madison Kelly <[email redacted] wrote: Lauren,

Painting would be great. I will pull the code off the paint tomorrow and send out your way. I am not sure we have enough. I will give you a call tomorrow once I’m out of work. I have zero leave time right now so I can’t be home but I believe Friday is a holiday for us.

On Feb 10, 2023, at 09:01, Lauren Crownover <[email redacted] wrote: Good morning Madison,

If it works for you, I can have Jim out to your home to finish up the service on Thursday-Friday of next week, which is the 16thand 17th. In speaking with Jim, he feels that the job would be fully completed if we did some exterior painting. Although painting is not something that we normally do, if you are okay with it, we will do the paint touch-up as needed so that you don't need to worry about having to do so once we are done fixing the caulking. Please let me know how you would like us to proceed. Thank you, From: Madison Kelly <[email redacted] Sent: Friday, February 10, 2023 8:48 AM To: Lauren Crownover <[email redacted] Cc: [email redacted] Subject: Re: Springer Home Lauren,

I got your message yesterday but I will be running around most of the days and the base has awful service. Please email me what you can and I will see if I can give you a call later this afternoon if I find a place with service. Thanks

From: Madison Kelly <[email redacted] Sent: Monday, February 6, 2023 10:10 AM To: Lauren Crownover <[email redacted] Cc: [email redacted] Subject: Springer Home Lauren,

You told us between 0900-1000. It is past 10.

We got a call from the oﬃce at 0938 saying Mike was in a mee�ng and would arrive in 30 minutes, so 1008. It is 1010 and he is s�ll not here.

Why did you schedule us for a �me when he was not going to be able to make it due to a mee�ng.

This is another instance when your company has completely disregarded us, our �me, and the failure of the company. This is ridiculous. Sent from my iPhone

On Feb 3, 2023, at 12:01 PM, Lauren Crownover <[email redacted] wrote: Hi Madison,

Thank you for the email. I will review the emails between you and Rachel as well. Everything you mentioned is correct. Both Mike and Jim will arrive between 9-10 am on their respective days. Please let me know what day/time may work best for you. I am open pretty much anytime between Tuesday - Friday except for Thursday afternoon.

I will handle your service moving forward, so please feel free to call or email me with any questions. We will make sure we get this taken care of, and I apologize for the lack of communication and amount of time and inconvenience this has caused. Thank you

From: Madison Kelly <[email redacted] Sent: Friday, February 3, 2023 10:29 AM To: Lauren Crownover <[email redacted] Cc: [email redacted] Subject: Springer Home Lauren, Just to follow up per our conversation... - We will be getting the itemized receipt hardcopy on Monday with Mike and electronically - Mike is coming out for QC on Monday - Jim is coming out for window repair on Tues - We will be meeting with you at some point next week after the itemized receipt is in hand and Mike has come out for inspection I will forward you all email traffic with Rachel that I have and will be communicating with you from here on. My husband's email is cc’d so please keep it on email traffic. Thanks, Madison Springer

From: Rachel Morgan <[email redacted]> Date: February 1, 2023 at 09:14:08 MST To: Madison Kelly <[email redacted]> Cc: [email redacted] Subject: RE: Springer house pics

Good morning Jim came in to give me that details of what is going on at your home. I would like to have Mike, our install manager, come out for a quality control check. He is available this Monday the 6th between 9 and 10. Will this time work for you? Also, I’m having a hard time getting the invoice with the details you are asking for. Our pricing is not really broken down that way so, I’m going to contact the sales manager to find out more for you. I appreciate your patience. Thank you, Rachel Morgan

From: Madison Kelly <[email redacted]> Sent: Monday, January 30, 2023 8:48 PM To: Rachel Morgan <[email redacted]> Cc: [email redacted] Subject: Re: Springer house pics

Rachel, We still have not received the receipt. We will wait to schedule that meeting until we have it in hand. What day this week should we be expecting it? On Jan 26, 2023, at 16:47, Madison Kelly <[email redacted]> wrote:

Great. Thank you! I will let you know tomorrow On Jan 26, 2023, at 16:02, Rachel Morgan <[email redacted]> wrote:

We can set up an appointment if you’d like. Just let me know a day and time that works for you and I will put it the books. As for your itemized receipt, I will get with Rafael and have him get that to you.

From: Madison Kelly <[email redacted]> Sent: Thursday, January 26, 2023 9:27 AM To: Rachel Morgan <[email redacted]> Cc: [email redacted] Subject: Re: Springer house pics

Rachel, Please reply all to these emails. We can’t make it this week due to work. We will be in next week and will send you an email. I would like to set up an appt instead of just walking in to make sure we will be able to talk to whoever we need to. I have been told multiple times that the company would speak to a manager about this situation and get back to me with a plan, I still haven’t heard anything. If the situation has been shared with a manager already, that is the person we would like to meet with for continuity. Please also send over an itemized receipt for our home project. We have a total receipt but need one of the breakdown of window cost vs install costs vs taxes and fees…etc. Thanks, Madison

On Jan 26, 2023, at 8:55 AM, Rachel Morgan <[email redacted]> wrote:

We close at 4pm Monday through Friday.

From: Madison Kelly <[email redacted]> Sent: Thursday, January 26, 2023 8:53 AM To: Rachel Morgan <[email redacted]> Cc: [email redacted] Subject: Re: Springer house pics

What time do you close?

On Jan 26, 2023, at 8:34 AM, Rachel Morgan <[email redacted]> wrote:

If you would like, you can come in today. Just let me know what time. Thank you.

From: Madison Kelly <[email redacted]> Sent: Thursday, January 26, 2023 8:21 AM To: Rachel Morgan <[email redacted]> Cc: [email redacted] Subject: Fwd: Springer house pics

Rachel, Please set up a time or pass along the email for whichever manager we need to speak to. We would like to have a face to face conversation about next steps. Thank you, Madison Springer

From: Madison Kelly <[email redacted]> Date: December 14, 2022 at 09:56:15 MST To: [email redacted] Subject: Fwd: Springer house pics Morning

Here are those indoor caulking pictures. There’s also these black lines everywhere on the frames (pic included). What can I use to get them off?? Don ’t want to put something on that damages them Ignore the holes, those are for the blinds. The caulking is starting to split though which sucks :/

Thanks! From: Madison Kelly <[email redacted]> Date: December 12, 2022 at 11:05:08 MST To: Madison Kelly <[email redacted]> Cc: [email redacted] Subject: Re: Springer house pics

Morning, Probably should have said “Kelly house pictures” I can’t remember what name it was under, still changing over my last name. It’s for the 2488 E Andrada work. This is a picture of the inside caulking. It’s been less than a week and already splitting. A few of the windows are doing this. Thanks! Give me a call if that’s easier. 707-685-4259

On Dec 9, 2022, at 14:50, Madison Kelly <[email redacted]> wrote:

Hey,

Not trying to be a pain in the ass, just want to ask about the caulking. The head guy said he had a new guy doing it and it got away from him. Dropped a chunk of money on the windows and painting over this is still going to look funky and it looks rushed. I can send some more pictures if needed. Those are just some of the windows but they are all about the same look. 5/16/24, 10:03 AM State of Arizona Mail - Case 2024-01537 (Springer)

Legal New Mail - AZROC <[email redacted]>

Case 2024-01537 (Springer) messages

Madison Springer <[email redacted]> Tue, May 14, 2024 at 9:11 AM To: [email redacted]

Good morning,

Thank you all for the email and information.

Is it recommended or common for the homeowners to get some sort of legal representative for the hearing? From what I’ve found on google, it looks like it is recommended for the company to get someone but not seeing much info either way for the homeowners.

Thank you!

Madison & Ryan Springer

Sent from my iPhone

Legal New Mail - AZROC <[email redacted]> Thu, May 16, 2024 at 10:03 AM To: Madison Springer <[email redacted]>

Good morning. It is completely up to you whether or not you wish to engage legal counsel to help you. It is not required.

Thank you,

Arizona Registrar of Contractors Legal Department

Fill out AZ ROC’s survey to let us know how we’re doing and how we can better serve you!

[Quoted text hidden]

https://mail.google.com/mail/b/AEoRXRT89Cx-4u76jWu2Ql0hZbOxjKFwD9yTqKl4eOKCNPL4rTWJ/u/0/?ik=d3afebeda9&view=pt&search=all&permth… 1/1 Received 5/22/2024 ROC Legal

May 22nd, 2024 License No. ROC 206959 Case No. 2024-01537

“Written Answer to Citation and Complaint”

Tucson Window and Door, Inc. would like to address the two charges attached to the Citation in Case No. 2024-01537 in the written response below.

Charge: 1 A.R.S. § 32-1154(A)(3) – R4-9-108(c) “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.”

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.”

Tucson Window and Door takes the directive requirements from the Registrar very seriously. Prior to scheduling with the homeowner, Tucson Window and Door wanted to ensure we fully understood the scope of work, which window(s) required corrective actions, and that all materials required were accounted for and in-house. We did not want to inconvenience the homeowner by failing to address all aspects of the written directive detailing necessary corrective action. In this case, Tucson Window and Door was initially unaware of any repairs or services needed, as our records indicated that the project was fully completed in March 2023. Until we were contacted by our window company’s sale representative in January 2024, we were unaware of any issues whatsoever. Tucson Window and Door contacted the homeowner the same day, and between 1/29/24 – 2/1/24, both the Office Manager and Sales Manager at Tucson Window and Door communicated with the homeowner via phone and email to get a full understanding of her concerns, which largely centered around some leaking in her home. Our Received 5/22/2024 ROC Legal

senior service technician was sent to assess these concerns on February 1st, 2024. He confirmed that some caulking was cracking, but the leaking was not caused by the windows.

Following the homeowner’s dissatisfaction, the filed complaint and the inspection, Tucson Window and Door waited for the written directive before moving forward. Because we had several appointments between December 2022 to March of 2023, we first wanted to try and verify which type of caulk was used during each of the appointments to understand the areas requiring the most attention. In the time between the initial installation and the final service, Tucson Window and Door had to temporarily switch to a different caulking brand due to issues in the supply chain. While we believed that the secondary caulking most likely contributed to the unusual cracking, we did not want to assume that was the case. To do so, a significant amount of time was needed to cross reference previous caulking orders, service dates, and units worked on at each date.

In working to address the written directives from the inspection, Tucson Window and Door had some confusion understanding the window units in need of attention, as Compliance Item: 4 referenced ‘windows [at] garage’. Tucson Window and Door did not supply, install, or perform any work on the customer’s garage windows. Our installation manager reached out to the ROC inspector assigned to this case for clarification.

Because Tucson Window and Door was unaware of any issues at the job site for the nine months following the completion of the project, we wanted to confirm that our corrective action plan was acceptable and addressed all the written directives entirely and appropriately. Prior to the deadline, Tucson Window and Door provided a response via email to the investigator in this case requesting confirmation that the above plan of action would satisfy the three compliance items noted in the written directive. We also contacted the homeowner via email to schedule the work, not realizing that providing a detailed plan of action did not satisfy the fifteen-day deadline.

As Tucson Window and Door has almost no experience this far into an ROC complaint, it was our misunderstanding that submitting a written response prior to completing the work did not properly communicate our intent to verify our action plan would satisfy the standards of the written directives. Tucson Window and Door should have submitted a request for an extension to express the level of preliminary work we felt was necessary to confirm prior to returning to Received 5/22/2024 ROC Legal

perform corrective action. It was our intention to have the full scope of information and the correct caulking brand and quantity, along with other materials needed, to best correct the homeowner’s complaints.

If given the opportunity, Tucson Window and Door would like to complete the work as intended per our previously submitted response. We feel that it is our responsibility to correct any work that is lesser than industry standards as well as our own company standards. From the date we were first made aware of new issues following March 2023, Tucson Window and Door was prompt in responding, communicating and assessing the customer’s concerns. We failed to recognize the process and time frame of completing corrective action and take full responsibility for our shortcomings. Upon receiving the Registrar’s citation, Tucson Window and Door contacted both the Registrar of Contractors and the Investigator assigned to this case to understand where we failed to follow the requirements to resolve this complaint. We were instructed to provide all the information in this response and hope we did so in an appropriate and acceptable manner. Throughout the process, Tucson Window and Door worked to resolve the homeowner’s concerns and directives provided by the Registrar in good faith. We appreciate your time and consideration in the next steps towards reaching a final resolution. Received 5/22/24, 3:39 PM State of Arizona Mail - Written Answer to Citation and Complaint - 2024-01537 5/22/2024 ROC Legal

Answers - AZROC <[email redacted]>

Written Answer to Citation and Complaint - 2024-01537 message

Lauren Crownover <[email redacted]> Wed, May 22, 2024 at 2:52 PM To: "[email redacted]" <[email redacted]>

Please see attached and confirm receipt of email.

Lauren Crownover Office Manager

Tucson Window and Door

(520) 298-3667

ROC #206959

Written Answer to Citation and Complaint - 2024-01537.pdf 141K

https://mail.google.com/mail/b/AEoRXRTkqvWOYiEMXJR1RjixunR7CysbcYlsRO8uBKx2gkw3hQcw/u/0/?ik=581c53cf5c&view=pt&search=all&permth… 1/1 5/1/24, 2:04 PM State of Arizona Mail - Re: Complainant- Directive

Michael Springer <[email redacted]>

Re: Complainant- Directive messages

Madison Springer <[email redacted]> Tue, Apr 30, 2024 at 12:16 PM To: Mike Springer <[email redacted]>

Mike,

Tucson Window and Door just emailed us at 1122 to schedule the corrections. We haven’t heard anything from them since the inspection.

Today is the last day for them to complete the corrections, correct? Not schedule?

Sent from my iPhone

On Apr 15, 2024, at 11:00, Madison Springer <[email redacted]> wrote:

mm. I will see if I can pull up our footage from the doorbell camera to see if I can see a caulking tube. Not H sure it will go back that far but worth a shot.

Is there was no flashing, would we have to worry about water damage in the walls?

Sent from my iPhone

On Apr 15, 2024, at 10:46, Mike Springer <[email redacted]> wrote:

Mike Springer

Investigator #192

Arizona Registrar of Contractors

1700 west Washington, Ste, 105

Phoenix, AZ 85007

520-508-9735 – Mobile

520-628-6588 – Fax

Email: [email redacted]

The ROC is now on social media!

Make sure to follow us on:

Fill out AZ ROC’s survey to let us know how we’re

doing and how we can better serve you!

cid:[email protected]

On Mon, Apr 15, 2024 at 10:35 AM Madison Springer <[email redacted]> wrote: Mike,

We may be able to ask him for the type? Assuming Dale didn’t know?

Don’t want to be a pain in the ass haha. If you are busy, no worries.

Sent from my iPhone

On Apr 15, 2024, at 08:17, Mike Springer <[email redacted]> wrote:

Mike Springer

Investigator #192

Arizona Registrar of Contractors

520-508-9735 – Mobile

520-628-6588 – Fax

Email: [email redacted]

The ROC is now on social media!

Make sure to follow us on:

facebook 4 twitter 2

Fill out AZ ROC’s survey to let us know how we’re

doing and how we can better serve you!

cid:[email protected]

On Fri, Apr 12, 2024 at 3:32 PM Madison Springer <[email redacted]> wrote: Mike,

So now they have until the 30th to correct the damages? What does correct look like for the caulking width??

Sent from my iPhone

On Apr 12, 2024, at 14:33, Mike Springer <[email redacted]> wrote:

A written Directive has been issued in your case, please see attached documents. You will also receive these documents via USPS mail.

Additional Information:

Mike Springer

Investigator #192

Arizona Registrar of Contractors

1700 west Washington, Ste, 105

Phoenix, AZ 85007

520-508-9735 – Mobile

520-628-6588 – Fax

Email: [email redacted]

The ROC is now on social media!

Make sure to follow us on:

facebook 4 twitter 2

Fill out AZ ROC’s survey to let us know how we’re

doing and how we can better serve you!

cid:[email protected]

<20240412 C009 Written Directive-2024-01537.pdf>

Madison Springer <[email redacted]> Tue, Apr 30, 2024 at 12:18 PM To: Mike Springer <[email redacted]>

Mike, [Quoted text hidden]

Madison Springer <[email redacted]> Tue, Apr 30, 2024 at 1:52 PM To: Mike Springer <[email redacted]>

Mike,

We are not interested in giving them an extension.

Do you recommend that we get a lawyer for the hearings?

Thank you!

Sent from my iPhone

On Apr 30, 2024, at 13:44, Mike Springer <[email redacted]> wrote:

[Quoted text hidden]

Mike Springer <[email redacted]> Wed, May 1, 2024 at 2:03 PM To: Madison Springer <[email redacted]>

Michael Springer <[email redacted]>

Complainant- Directive messages

Mike Springer <[email redacted]> Fri, Apr 12, 2024 at 2:33 PM To: Madison Springer <[email redacted]>

A written Directive has been issued in your case, please see attached documents. You will also receive these documents via USPS mail.

Additional Information:

Mike Springer

Investigator #192

Arizona Registrar of Contractors

1700 west Washington, Ste, 105

Phoenix, AZ 85007

520-508-9735 – Mobile

520-628-6588 – Fax

Email: [email redacted]

The ROC is now on social media!

Make sure to follow us on:

facebook 4 twitter 2

Fill out AZ ROC’s survey to let us know how we’re

doing and how we can better serve you!

cid:[email protected]

20240412 C009 Written Directive-2024-01537.pdf 166K

Madison Springer <[email redacted]> Fri, Apr 12, 2024 at 3:31 PM To: Mike Springer <[email redacted]>

Mike,

So now they have until the 30th to correct the damages? What does correct look like for the caulking width??

Sent from my iPhone

On Apr 12, 2024, at 14:33, Mike Springer <[email redacted]> wrote:

[Quoted text hidden] <20240412 C009 Written Directive-2024-01537.pdf>

Mike Springer <[email redacted]> Mon, Apr 15, 2024 at 8:17 AM To: Madison Springer <[email redacted]>

Madison Springer <[email redacted]> Mon, Apr 15, 2024 at 10:35 AM To: Mike Springer <[email redacted]>

Mike,

We may be able to ask him for the type? Assuming Dale didn’t know?

Don’t want to be a pain in the ass haha. If you are busy, no worries.

Sent from my iPhone

[Quoted text hidden]

Mike Springer <[email redacted]> Mon, Apr 15, 2024 at 10:46 AM To: Madison Springer <[email redacted]>

Madison Springer <[email redacted]> Mon, Apr 15, 2024 at 10:59 AM To: Mike Springer <[email redacted]>

Hmm. I will see if I can pull up our footage from the doorbell camera to see if I can see a caulking tube. Not sure it will go back that far but worth a shot.

Is there was no flashing, would we have to worry about water damage in the walls?

Sent from my iPhone

On Apr 15, 2024, at 10:46, Mike Springer <[email redacted]> wrote:

[Quoted text hidden]

https://mail.google.com/mail/u/0/?ik=6fc03499a2&view=pt&search=all&permthid=thread-a:r5312871875758301734&simpl=msg-a:r-[number redacted]… 3/3 5/2/24, 8:02 AM State of Arizona Mail - Response to Directive 2024-01537

Michael Springer <[email redacted]>

Response to Directive 2024-01537 message

Lauren Crownover <[email redacted]> Tue, Apr 30, 2024 at 11:14 AM To: "[email redacted]" <[email redacted]>

Hello,

Please see the attached response from Tucson Window and Door for complaint no. 2024-01537. Please let me know if you have any questions, thank you!

Lauren Crownover Office Manager

Tucson Window and Door

(520) 298-3667

ROC #206959

ROC 2024-01537.pdf 99K

https://mail.google.com/mail/u/0/?ik=6fc03499a2&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted] 1/1 5/10/24, 3:22 PM State of Arizona Mail - FW: Response to Directive 2024-01537

Michael Springer <[email redacted]>

FW: Response to Directive 2024-01537 message

Lauren Crownover <[email redacted]> Wed, May 8, 2024 at 2:54 PM To: "[email redacted]" <[email redacted]>

Lauren Crownover Office Manager

Tucson Window and Door

(520) 298-3667

ROC #206959

From: Lauren Crownover Sent: Tuesday, April 30, 2024 11:15 AM To: [email redacted] Subject: Response to Directive 2024-01537

Hello,

Please see the attached response from Tucson Window and Door for complaint no. 2024-01537. Please let me know if you have any questions, thank you!

Lauren Crownover Office Manager

Tucson Window and Door

(520) 298-3667

ROC #206959

ROC 2024-01537.pdf 99K

https://mail.google.com/mail/u/0/?ik=6fc03499a2&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted] 1/1 From: Madison Kelly <[email redacted]> Date: February 8, 2024 at 09:10:53 MST To: Dale Craig <[email redacted]> Cc: [email redacted] Subject: Re: copy of agreement Dale,