2024A-01588-CHC-ROC Notice of Hearing & Packet MAILED 2024-01588.pdf
2024A-01588-CHC-ROC · Registrar of Contractors · 2024-09-11
REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Donald Wayne Vaughan , Case No. 2024-01588
COMPLAINANT, Docket No. 2024A-01588-CHC-ROC
v. NOTICE OF HEARING ON CONTESTED CASE The Creta Group LLC License No. ROC 318688,
RESPONDENT. This Notice of Hearing is issued under A.R.S. § 41-1092.05(D).
HEARING INFORMATION The hearing is set for:
October 23, 2024 9:00 AM Samuel Fox 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 August 21, 2024. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED
The complaint and citation allege that the Respondent committed the following act(s): Charge: 1 A.R.S. § 32-1154(A)(3) - R4-9-108(b) 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 September 10, 2024.
By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors
Copy mailed via USPS First Class mail September 10, 2024 to:
Respondent(s) The Creta Group LLC 3844 N 24th St Phoenix, AZ 85016
Complainant(s) Donald Wayne Vaughan 4742 W El Caminito Drive Glendale, AZ 85302
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. 2024-01588 /
Hearing Packet FAQ What is the The Hearing Packet is a packet of certain documents collected or Hearing Packet? issued by the Registrar over the course of its investigation. Who gets the The Hearing Packet is assembled and distributed to all parties and Hearing Packet? to the Office of Administrative Hearings (“OAH”) prior to an administrative hearing. What types of The Registrar prepares a Hearing Packet for Complainant-Handled cases does the Cases and No-Pay Cases. Note: If the Docket Number on the Registrar prepare a Notice of Hearing contains a “CHC” or “NPC”, your case is a Hearing Packet for? Complainant-Handled Case or a No-Pay Case. What is in the The Hearing Packet contains essential case-specific documents and Hearing Packet? at a minimum will include the following documents: ● Original complaint; ● 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 If there is any evidence you submitted to the Registrar that are not documents missing included in the Hearing Packet it is your responsibility to introduce from the Hearing that evidence at the administrative hearing. Note: The Packet? 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
How do I disclose You must properly disclose any and all documents and witnesses evidence I intend to you intend to use at your hearing according to the Registrar’s use at a Hearing? 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 If you previously submitted documents to the Registrar and need a documents I copy of these documents, please contact the Registrar’s Legal previously submitted Department or submit a public records request at to the Registrar? 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
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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 C008 12/23 Respondent: The Creta Group LLC DBA: 3844 N 24th St Phoenix, AZ 85016
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 March 4, 2024
Re: Complaint No. 2024-01588
Dear Complainant and Respondent:
A formal complaint has been filed with the Arizona Registrar of Contractors.
A jobsite inspection is scheduled for April 9, 2024 at 11:00 a.m. 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,
Lisa Melton Lisa Melton, Investigator #206 602 7716736 [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.
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 (DELETE THIS ADDRESS/PAGE IF NOT WARRANTED)
Complainant Attorney:
,
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 (DELETE THIS ADDRESS/PAGE IF NOT WARRANTED)
Respondent Attorney:
,
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gt;"0=Z"amp;AW:]6;[[7^7^9]V6^9 ] U DocuSign Envelope ID: 560827F7-E048-4BEA-9A7D-6A260C9E8418Work Proposal
FROM
The Creta Group LLC 3844 N. 24th Street, Phoenix, AZ 85016
Office Number: 480-886-3424 Email Address: [email redacted] Website: https://thecretagroup.com
Licensed: ROC 318688, 271500, Bonded, Insured
FOR
Client Information
Name: Donnie Vaughan
Project Address: 4742 W El Caminito Dr
City, State, and Zip: Glendale, AZ 85302
Cell Phone Number: 602-309-5188
Email Address: [email redacted]
Project Manager: Wes
Date of Proposal: 4/5/2023
Additional Info:
Additional Info:
Additional Info:
Customer Initials: ________
ROC License # 318688, 271500 - The Creta Group LLC Work Proposal - Page: 1 of 5
Project Name: Donnie Vaughan
Project Address: 4742 W El Caminito Dr DocuSign Envelope ID: 560827F7-E048-4BEA-9A7D-6A260C9E8418
Description and Scope of Work
Sun Room – $56,000 1. Build a new Arizona room and closet. 2. Follow the plans and city codes. 3. Pass all inspections. 4. Creta Group to provide all the concrete, framing, electrical, and A/C work as needed / discussed. 5. Pour new concrete for the new AZ room. 6. Pour new concrete on the back patio (10 ft wide x 22 ft long). 7. Frame for new AZ room. 8. Install new shelves for the closet. 9. Install new insulation and drywall on the interior. 10. Install new T-1-11 siding on the exterior. 11. Install 2 new doors and new windows. 12. Apply primer and paint on the exterior. 13. Install new flooring on the interior (client to provide flooring. 14. Install new baseboards (apply primer and paint). 15. Clean all work areas thoroughly. 16. Creta Group to provide all the materials and labor (unless otherwise stated).
Cabinets and Flooring – $14,000 a. Remove approx 1,800 sq ft of flooring. b. Prep and install new tiles. c. Client to provide all the grout and tiles. d. Creta Group to provide all labor and thinset (no baseboards included). e. Install 40 new cabinets (client to provide the cabinets).
Countertops – $9,000 a. Install approx 200 sq ft of new granite countertops. b. Client to purchase the countertops (Creta Group will fabricate and install).
Balance from Kitchen Project – $29,000 1. Client to supply all grout and tiles (thinnest grout line possible). 2. Creta Group to provide all thinset and labor. 3. Random installation for tiles.
1. Remove the existing concrete step by the front door (approx 6 ft x 8 ft). 2. Remove the concrete to be level with the rest of the house. 3. Remove the existing partition wall between the living room and kitchen. 4. Remove the soffits as needed. 5. Remove all the kitchen cabinets. 6. Relocate the gas, A/C, electrical, and water lines in the kitchen (for new kitchen design). 7. Frame as needed. ROC License # 318688, 271500 - The Creta Group LLC Work Proposal - Page: 2 of 5
Project Name: Donnie Vaughan
Project Address: 4742 W El Caminito Dr DocuSign Envelope ID: 560827F7-E048-4BEA-9A7D-6A260C9E8418
8. Install new sheetrock as needed. 9. Cover and protect all work areas with tape, plastic, and paper. 10. Move all furniture in a storage box or throughout the house to work efficiently. 11. Apply texture to be ready for paint. 12. Salvage the floor and make sure it is in safe walking condition (non hazardous). 13. Build a temporary wall between the dining area and existing kitchen (to create privacy). 14. Install a new front door (client to provide the door). 15. Reuse the existing countertops. 16. Relocate and reinstall the existing cabinets and appliances. 17. Apply new paint on the kitchen cabinets (white color). 18. Provide and install up to 3 new kitchen cabinets as needed.
Total: $108,000
Client Paid So Far: $20,000 (balance : $88,000)
Another $10,000 to be paid in the next 2 weeks (making the balance $78,000)
$78k to be on a payment plan
$2,500 or more to be paid on the first of every month until balance is complete
Customer Initials: ________
ROC License # 318688, 271500 - The Creta Group LLC Work Proposal - Page: 3 of 5
Project Name: Donnie Vaughan
Project Address: 4742 W El Caminito Dr DocuSign Envelope ID: 560827F7-E048-4BEA-9A7D-6A260C9E8418
Contract Details
The property owner has the right to file a written complaint with the registrar for an alleged violation of ARS section 32-1154, subsection A, e.g. non-performance violations, for new home builds or other new building construction, within two years after the earlier of the close of escrow or actual occupancy, and for all other projects, within two years after the completion of the specific project.
ROC Telephone Number is: 602-542-1525 | ROC Website is: www.roc.az.gov
After the contract is signed, and the deposit is received and processed, if the owner or payment remitter stops the work after any consulting, planning, or work is completed and a request to have the money reimbursed is received, The Creta Group LLC is entitled to retain any sustained costs from the initial consulting and up to the cost of any work or extra consultation costs that have already occured prior to and after a signed contract and will be billed upon the owner canceling the contract at a minimum of $150 an hour per man hour plus $50 travel charge per visit per employee, and up to $300 per hour for subcontractors, or architects, and engineers that were required or retained for the job, plus the cost of the lead, materials, permitting, or state/county/city fees that were paid or are to be paid. The minimum cancellation fee is $500 unless the above costs are higher than that would be the total cost of canceling the signed contract. Canceling a contract does not entitle you the client to a full refund.
Any alterations to the above agreement have to be discussed directly with Vasile Creta at The Creta Group LLC, who has the sole right to make alterations or change orders as needed.
Code Requirements: When any new discovery on the project is made which is unlisted by the architect or listed as is and is not up to city code requirements, it must be corrected by the contractor and we will have to apply the city code requirements and the procedure will become extra to the agreement. Once the project begins regardless of the initial plan, if work can not proceed as discussed because of city code, or any reason deemed otherwise unacceptable to continue, and a new approach is required, the work that must be completed is assumed to be acceptable by the client even if it has not been discussed. Any required work completed to stay on time and keep the job moving will be submitted as a change order and the client will be responsible for its payment. No work will be started if the costs are over $2,000 per incident, they will first be discussed with the client.
Verbal contracts for change orders are acceptable and will be billed separately on a change order. Change orders are always in addition to any charges, fees, or costs specified in the contract.
If the contractor runs out of deposit money, because of additional designs, requests, asks, materials, or work not originally included in the initial contract, the contractor has a right to ask for a progress payment before the required progress has been completed, or the client must pay for the additional work that has occurred within 24 hours of having a request for money or change order submitted to them.
Many times we will assess progress in percentage of the job completed. If we deem a project to be completed to a certain percentage and the percentage of the total dollar amount received does not match the percentage completed on the job, we hold the right to stop work on the job until the total job amount is paid to match the completed percentage.
Under this agreement the client agrees not to exchange any personal, confidential, and/or contractual information and/or fraternize with The Creta Group LLC employees or sub-contractors, if you do so you will be in breach of this agreement and contract and may be held liable in the court of law for damages The Creta Group LLC may incur. All changes, discussions, issues, or project specific requests MUST be made through Vasile (Wes) Creta, no one else has any authority to change anything, discuss costs or make improvements or changes to the original contract.
The Creta Group LLC will be sending a 20 Day Preliminary Lien Notice upon signing this document. We also hold the right to sue, at any time, to the full extent of the law when a client chooses not to pay the total cost of the contracted price or a dollar amount equal to the percentage of completion if the job was never completed. If we are ever removed from a job and not allowed to complete it for whatever reason the client will make the job site available at least 1 time, upon being asked, so that we can have the opportunity to take photo evidence of the completed work, or for investigative reasons. We also hold the right to send any unpaid charges to a collection agency in order for us to get paid for our services.
The completed date of a job is only an estimate, with the current supply chain issues, labor shortages, and material costs, keeping to a schedule can become very difficult and many times may take a lot longer to complete then initially quoted. Three to four weeks lead times on certain trades and materials is normal and a project can easily take 4 to 8 weeks longer than anticipated. Although we strive to keep you in the know about scheduling, many times we have to spontaneously schedule subcontractors and employees as they become available and you may not get any notice about them arriving at the project site. Scheduling is not always possible, just expect workers to arrive between the hours that you provide to us which you deem acceptable. We may require a key to the property and will put it in a lock box for our employees or subcontractors to use.
Year Labor warranty included on all services provided by The Creta Group LLC. Warranty starts on the date of project completion and is only applicable when we furnish all materials and labor. Any warranty required by the state of Arizona is always included.
Customer Initials: ________
ROC License # 318688, 271500 - The Creta Group LLC Work Proposal - Page: 4 of 5
Project Name: Donnie Vaughan
Project Address: 4742 W El Caminito Dr DocuSign Envelope ID: 560827F7-E048-4BEA-9A7D-6A260C9E8418
Payment Details
Payments Made: $20,000
Balance: $88,000
Total: $108,000
Estimated Completion Date:
Estimated Date of completion is only an estimate. Change Orders, Special Orders, Supply Chain Inconsistencies, and other unforeseen situations and circumstances can easily affect the estimated date of completion. Initial___________
4/5/2023
Vasile Creta - The Creta Group Representative Contract Date
I acknowledge and accept, with my signature below, the information found in the 4 pages of this contract.
Donald W Vaughan 4/17/2023
Client Name Client Signature Date of Contract Execution
The contract is executed when the customer initials each section, and signs and accepts the information found on pages 1, 2, 3, 4, and 5 above.
ROC License # 318688, 271500 - The Creta Group LLC Work Proposal - Page: 5 of 5
Project Name: Donnie Vaughan
Project Address: 4742 W El Caminito Dr DocuSign Envelope ID: 167ECC86-5DCE-4801-91FB-F9651B21318F
Work Proposal
FROM
The Creta Group LLC 3844 N. 24th Street, Phoenix, AZ 85016
Office Number: 480-886-3424 Email Address: [email redacted] Website: https://thecretagroup.com
Licensed: ROC 318688, 271500, Bonded, Insured
FOR
Client Information
Name: Donnie Vaughan
Project Address: 4742 W El Caminito Dr
City, State, and Zip: Glendale, AZ 85302
Cell Phone Number: 602-309-5188
Email Address: [email redacted]
Project Manager: Wes
Date of Proposal: 3/21/2023
Additional Info:
Additional Info:
Additional Info:
Customer Initials: ________
ROC License # 318688, 271500 - The Creta Group LLC Work Proposal - Page: 1 of 4
Project Name: Donnie Vaughan
Project Address: 4742 W El Caminito Dr DocuSign Envelope ID: 167ECC86-5DCE-4801-91FB-F9651B21318F
Description and Scope of Work
1. Build a new Arizona room and closet. 2. Follow the plans and city codes. 3. Pass all inspections. 4. Creta Group to provide all the concrete, framing, electrical, and A/C work as needed / discussed. 5. Pour new concrete for the new AZ room. 6. Pour new concrete on the back patio (10 ft wide x 22 ft long). 7. Frame for new AZ room. 8. Install new shelves for the closet. 9. Install new insulation and drywall on the interior. 10. Install new T-1-11 siding on the exterior. 11. Install 2 new doors and new windows. 12. Apply primer and paint on the exterior. 13. Install new flooring on the interior (client to provide flooring. 14. Install new baseboards (apply primer and paint). 15. Clean all work areas thoroughly. 16. Creta Group to provide all the materials and labor (unless otherwise stated).
Customer Initials: ________
ROC License # 318688, 271500 - The Creta Group LLC Work Proposal - Page: 2 of 4
Project Name: Donnie Vaughan
Project Address: 4742 W El Caminito Dr DocuSign Envelope ID: 167ECC86-5DCE-4801-91FB-F9651B21318F
Contract Details
The property owner has the right to file a written complaint with the registrar for an alleged violation of ARS section 32-1154, subsection A, e.g. non-performance violations, for new home builds or other new building construction, within two years after the earlier of the close of escrow or actual occupancy, and for all other projects, within two years after the completion of the specific project.
ROC Telephone Number is: 602-542-1525 | ROC Website is: www.roc.az.gov
After the contract is signed, and the deposit is received and processed, if the owner or payment remitter stops the work after any consulting, planning, or work is completed and a request to have the money reimbursed is received, The Creta Group LLC is entitled to retain any sustained costs from the initial consulting and up to the cost of any work or extra consultation costs that have already occured prior to and after a signed contract and will be billed upon the owner canceling the contract at a minimum of $150 an hour per man hour plus $50 travel charge per visit per employee, and up to $300 per hour for subcontractors, or architects, and engineers that were required or retained for the job, plus the cost of the lead, materials, permitting, or state/county/city fees that were paid or are to be paid. The minimum cancellation fee is $500 unless the above costs are higher than that would be the total cost of canceling the signed contract. Canceling a contract does not entitle you the client to a full refund.
Any alterations to the above agreement have to be discussed directly with Vasile Creta at The Creta Group LLC, who has the sole right to make alterations or change orders as needed.
Code Requirements: When any new discovery on the project is made which is unlisted by the architect or listed as is and is not up to city code requirements, it must be corrected by the contractor and we will have to apply the city code requirements and the procedure will become extra to the agreement. Once the project begins regardless of the initial plan, if work can not proceed as discussed because of city code, or any reason deemed otherwise unacceptable to continue, and a new approach is required, the work that must be completed is assumed to be acceptable by the client even if it has not been discussed. Any required work completed to stay on time and keep the job moving will be submitted as a change order and the client will be responsible for its payment. No work will be started if the costs are over $2,000 per incident, they will first be discussed with the client.
Verbal contracts for change orders are acceptable and will be billed separately on a change order. Change orders are always in addition to any charges, fees, or costs specified in the contract.
If the contractor runs out of deposit money, because of additional designs, requests, asks, materials, or work not originally included in the initial contract, the contractor has a right to ask for a progress payment before the required progress has been completed, or the client must pay for the additional work that has occurred within 24 hours of having a request for money or change order submitted to them.
Many times we will assess progress in percentage of the job completed. If we deem a project to be completed to a certain percentage and the percentage of the total dollar amount received does not match the percentage completed on the job, we hold the right to stop work on the job until the total job amount is paid to match the completed percentage.
Under this agreement the client agrees not to exchange any personal, confidential, and/or contractual information and/or fraternize with The Creta Group LLC employees or sub-contractors, if you do so you will be in breach of this agreement and contract and may be held liable in the court of law for damages The Creta Group LLC may incur. All changes, discussions, issues, or project specific requests MUST be made through Vasile (Wes) Creta, no one else has any authority to change anything, discuss costs or make improvements or changes to the original contract.
The Creta Group LLC will be sending a 20 Day Preliminary Lien Notice upon signing this document. We also hold the right to sue, at any time, to the full extent of the law when a client chooses not to pay the total cost of the contracted price or a dollar amount equal to the percentage of completion if the job was never completed. If we are ever removed from a job and not allowed to complete it for whatever reason the client will make the job site available at least 1 time, upon being asked, so that we can have the opportunity to take photo evidence of the completed work, or for investigative reasons. We also hold the right to send any unpaid charges to a collection agency in order for us to get paid for our services.
The completed date of a job is only an estimate, with the current supply chain issues, labor shortages, and material costs, keeping to a schedule can become very difficult and many times may take a lot longer to complete then initially quoted. Three to four weeks lead times on certain trades and materials is normal and a project can easily take 4 to 8 weeks longer than anticipated. Although we strive to keep you in the know about scheduling, many times we have to spontaneously schedule subcontractors and employees as they become available and you may not get any notice about them arriving at the project site. Scheduling is not always possible, just expect workers to arrive between the hours that you provide to us which you deem acceptable. We may require a key to the property and will put it in a lock box for our employees or subcontractors to use.
Year Labor warranty included on all services provided by The Creta Group LLC. Warranty starts on the date of project completion and is only applicable when we furnish all materials and labor. Any warranty required by the state of Arizona is always included.
Customer Initials: ________
ROC License # 318688, 271500 - The Creta Group LLC Work Proposal - Page: 3 of 4
Project Name: Donnie Vaughan
Project Address: 4742 W El Caminito Dr DocuSign Envelope ID: 167ECC86-5DCE-4801-91FB-F9651B21318F
Payment Details
Deposit Payment Made: $5,000 PAID on 3/21/23
Payment Plan 1: $5,000 a week (5 weeks)
Payment Plan 2: $1,000 monthly (until final balance is paid)
Total: $56,000
Estimated Completion Date:
Estimated Date of completion is only an estimate. Change Orders, Special Orders, Supply Chain Inconsistencies, and other unforeseen situations and circumstances can easily affect the estimated date of completion. Initial___________
3/21/2023
Vasile Creta - The Creta Group Representative Contract Date
I acknowledge and accept, with my signature below, the information found in the 4 pages of this contract.
Donald W Vaughan 3/22/2023
Client Name Client Signature Date of Contract Execution
The contract is executed when the customer initials each section, and signs and accepts the information found on pages 1, 2, 3, and 4 above.
ROC License # 318688, 271500 - The Creta Group LLC Work Proposal - Page: 4 of 4
Project Name: Donnie Vaughan
Project Address: 4742 W El Caminito Dr Jobsite Inspection Notes
Case No.: 2024-01588 Investigator: Lisa Melton Inspection Date: April 9, 2024 Inspection Time: 11:00 a.m.
Jobsite Address: 4742 W El Caminito Drive Glendale, 85302
Complainant: Donald Wayne Respondent: The Creta Group Vaughan LLC Not Present: Not Present:
ATTENDEES: Complainant: Donald Wayne Vaughan Respondent: Vaile Creta & David Tipei
Jobsite General Notes: JSI photos and audio were recorded with my agency issued Pixel 6 Pro Phone and/or Cannon Power Shot Camera and Olympus Digital Voice Recorder. Refer to JSI photos for reference.
Compliance Item 1: There was no agreement to do the AZ-Room Investigator’s Observation: Work Proposal appears to contain PART of the scope performed by the Respondent. There are also many unnumbered and unsigned change orders. The Registrar has no authority relative to contractual matters and/or financial disputes. (JSI Photos 1 - 5) Governing Rule: Not Applicable.
Compliance Item 2: There was no agreement to #1300 for a closet shelves Investigator’s Observation: Work Proposal appears to contain part of the scope performed by the Respondent. There are also many unnumbered and unsigned change orders. The Registrar has no authority relative to contractual matters and/or financial disputes. (No photo) Governing Rule: Not Applicable.
Compliance Item 3: *He added tasks we never agreed and charged for Investigator’s Observation: Work Proposal appears to contain part of the scope performed by the Respondent. There are also many unnumbered and unsigned change orders. The Registrar has no authority relative to contractual matters and/or financial disputes. (No photo) 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23
Governing Rule: Not Applicable.
Compliance Item 4: Now invoice is $170,000 Investigator’s Observation: The Registrar has no authority relative to financial matters. (No photo) Governing Rule: Not Applicable.
Compliance Item 5: Never produced a completion date Investigator’s Observation: The Reigstrar has no authority relative to construction schedule/completion. (No photo) Governing Rule: Not Applicable.
Compliance Item 6: I never signed any contract Investigator’s Observation: Work Proposal appears to contain part of the scope performed by the Respondent. There are also many unnumbered and unsigned change orders. The Registrar has no authority relative to contractual matters and/or financial disputes. (No photo) Governing Rule: Not Applicable.
Compliance Item 7: He broke vanity mirrors, causing a hazard. Investigator’s Observation: Newly installed owner furnished mirrors are broken. Respondent should correct by appropriate methods. (See JSI Photos #6 - #8) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 8: ***I bought all material*** Investigator’s Observation: The Registrar has no authority relative to financial matters. (No photo) Governing Rule: Not Applicable.
Compliance Item 9: He charged $170,000 for labor and it is bad labor Investigator’s Observation: The Registrar has no authority relative to financial matters. Workmanship concerns are addressed in specific Complaint Items. (No photo) Governing Rule: Not Applicable. 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 10: *No electrical permit was pulled for the dedicated needs Investigator’s Observation: • The contract documents (work proposal and change orders - many unsigned/undated) prepared by Respondent identify: 1) build a new Arizona room, 2)kitchen relocation and remodel, 3) removal of concrete step at entrance, removal of wall between living room and kitchen, removal of soffits, relocation of and/or addition to gas, a/c, electrical, plumbing and mechanical (duct work) systems. • There are no approved plans for this project. The drawings I was provided show the “conversion” of the patio and identify the “area of work” as applying ONLY to the “conversion”. In these plans it shows the kitchen in the new (current) location not the existing location from which Respondent relocated and remodeled the kitchen. It appears that these plans intend to deceive the building official in regard to the extent of work performed by Respondent. • The permit for this project is open. The description for this permit does NOT include any work beyond “Convert existing 240 sf patio into livable Combo Permit: Building, Electrical, Mechanical”. It makes NO reference to the contracted kitchen remodel and relocation OR all of the other permit required work that Respondent has performed. Again, it appears that this description intends to deceive the building official in regard to the extent of work performed by Respondent. • Statute requires that Respondent comply with the code. Code requires that Respondent comply with permit/inspection as required by the local building official for ALL of the work they perform. • Neither the current permit and/or drawings accurately identify the scope of work performed by Respondent. And the permit which misrepresents Respondent’s scope remains open. Respondent should obtain the appropriate permitting and inspections for ALL of the work they have performed. Respondent should provide the Registrar with documentation of closed permit/certificate of occupancy for all of the permit required work. (No photo) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
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 11: *Beam Header was to be above ceiling Investigator’s Observation: • The contract documents (work proposal and change orders - many unsigned/undated) prepared by Respondent identify: 1) build a new Arizona room, 2)kitchen relocation and remodel, 3) removal of concrete step at entrance, removal of wall between living room and kitchen, removal of soffits, relocation of and/or addition to gas, a/c, electrical, plumbing and mechanical (duct work) systems. • There are no approved plans for this project. The drawings I was provided show the “conversion” of the patio and identify the “area of work” as applying ONLY to the “conversion”. In these plans it shows the kitchen in the new (current) location not the existing location from which Respondent relocated and remodeled the kitchen. It appears that these plans intend to deceive the building official in regard to the extent of work performed by Respondent. • The permit for this project is open. The description for this permit does NOT include any work beyond “Convert existing 240 sf patio into livable Combo Permit: Building, Electrical, Mechanical”. It makes NO reference to the contracted kitchen remodel and relocation OR all of the other permit required work that Respondent has performed. Again, it appears that this description intends to deceive the building official in regard to the extent of work performed by Respondent. • Statute requires that Respondent comply with the code. Code requires that Respondent comply with permit/inspection as required by the local building official for ALL of the work they perform. • Neither the current permit and/or drawings accurately identify the scope of work performed by Respondent. And the permit which misrepresents Respondent’s scope remains open. Respondent should obtain the appropriate permitting and inspections for ALL of the work they have performed. Respondent should provide the Registrar with documentation of closed permit/certificate of occupancy for all of the permit required work. (See JSI Photos #2 - #4) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
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 12: Please help put a restriction for Creta, Varile to not come close to our property. Investigator’s Observation: Respondent’s license is suspended. If Respondent’s license is currently suspended for administrative reasons1, or is inactive, expired, or cancelled, they may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of their license(s) has been lifted or your license(s) has been reactivated. (No photo) Governing Rule: Not Applicable.
Compliance Item 13: Fixups/repairs to be done by a 3rd party that is licensed, and he pays the 3rd party. Investigator’s Observation: See Item #12 Governing Rule: Not Applicable.
Compliance Item 14: 9. Support beam for addition angled Investigator’s Observation: • The contract documents (work proposal and change orders - many unsigned/undated) prepared by Respondent identify: 1) build a new Arizona room, 2)kitchen relocation and remodel, 3) removal of concrete step at entrance, removal of wall between living room and kitchen, removal of soffits, relocation of and/or addition to gas, a/c, electrical, plumbing and mechanical (duct work) systems. • There are no approved plans for this project. The drawings I was provided show the “conversion” of the patio and identify the “area of work” as applying ONLY to the “conversion”. In these plans it shows the kitchen in the new (current) location not the existing location from which Respondent relocated and remodeled the kitchen. It appears that these plans intend to deceive the building official in regard to the extent of work performed by Respondent. • The permit for this project is open. The description for this permit does NOT include any work beyond “Convert existing 240 sf patio into livable Combo Permit: Building, Electrical, Mechanical”. It makes NO reference to the contracted kitchen remodel and relocation OR all of the other permit required work that Respondent has performed. Again, it appears that this description intends to deceive the building official in regard to the extent of work performed by Respondent. • Statute requires that Respondent comply with the code. Code requires that Respondent comply with permit/inspection as required by the local building official for ALL of the work they perform. • Neither the current permit and/or drawings accurately identify the scope of work performed by Respondent. And the permit which misrepresents Respondent’s scope remains open. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23
Respondent should obtain the appropriate permitting and inspections for ALL of the work they have performed. Respondent should provide the Registrar with documentation of closed permit/certificate of occupancy for all of the permit required work. (See JSI Photos #2 - #4) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 15: 10. Hall bathroom light switches need to be switched Investigator’s Observation: Respondent performed work relative to these switches during installation of damaged lighted vanity mirrors. (Item #7). The switches do not properly operate the lighting in the bathroom. Respondent should address issues with switch operation by appropriate methods. (See JSI Photos #9) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 16: 11. Wall plates missing in bedroom Investigator’s Observation: Respondent stated that their work is complete, however, wall plates removed by Respondent for painting have not been reinstalled. Respondent should correct by appropriate methods. (See JSI Photos #10) Governing Rule: Not applicable.
Compliance Item 17: 12. Reverse osmosis system not working Investigator’s Observation: RO is owner furnished/contractor installed. Insufficient evidence of poor work. Manufacture inspection report regarding installation would be considered if provided by Complainant. (See JSI Photos #11) Governing Rule: Not applicable. 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 18: 13. Front door not sealed underneath Investigator’s Observation: Seal is ruptured and appears to have been poorly installed. Respondent should correct by appropriate methods. (See JSI Photos #12 - #13) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 19: 14. When dimming pennant lights they flicker Investigator’s Observation: • The contract documents (work proposal and change orders - many unsigned/undated) prepared by Respondent identify: 1) build a new Arizona room, 2)kitchen relocation and remodel, 3) removal of concrete step at entrance, removal of wall between living room and kitchen, removal of soffits, relocation of and/or addition to gas, a/c, electrical, plumbing and mechanical (duct work) systems. • There are no approved plans for this project. The drawings I was provided show the “conversion” of the patio and identify the “area of work” as applying ONLY to the “conversion”. In these plans it shows the kitchen in the new (current) location not the existing location from which Respondent relocated and remodeled the kitchen. It appears that these plans intend to deceive the building official in regard to the extent of work performed by Respondent. • The permit for this project is open. The description for this permit does NOT include any work beyond “Convert existing 240 sf patio into livable Combo Permit: Building, Electrical, Mechanical”. It makes NO reference to the contracted kitchen remodel and relocation OR all of the other permit required work that Respondent has performed. Again, it appears that this description intends to deceive the building official in regard to the extent of work performed by Respondent. • Statute requires that Respondent comply with the code. Code requires that Respondent comply with permit/inspection as required by the local building official for ALL of the work they perform. • Neither the current permit and/or drawings accurately identify the scope of work performed by Respondent. And the permit which misrepresents Respondent’s scope remains open.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23
Respondent should obtain the appropriate permitting and inspections for ALL of the work they have performed. Respondent should provide the Registrar with documentation of closed permit/certificate of occupancy for all of the permit required work. (See JSI Photos #14) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 20: 15. Drainage lines moved also Investigator’s Observation: • The contract documents (work proposal and change orders - many unsigned/undated) prepared by Respondent identify: 1) build a new Arizona room, 2)kitchen relocation and remodel, 3) removal of concrete step at entrance, removal of wall between living room and kitchen, removal of soffits, relocation of and/or addition to gas, a/c, electrical, plumbing and mechanical (duct work) systems. • There are no approved plans for this project. The drawings I was provided show the “conversion” of the patio and identify the “area of work” as applying ONLY to the “conversion”. In these plans it shows the kitchen in the new (current) location not the existing location from which Respondent relocated and remodeled the kitchen. It appears that these plans intend to deceive the building official in regard to the extent of work performed by Respondent. • The permit for this project is open. The description for this permit does NOT include any work beyond “Convert existing 240 sf patio into livable Combo Permit: Building, Electrical, Mechanical”. It makes NO reference to the contracted kitchen remodel and relocation OR all of the other permit required work that Respondent has performed. Again, it appears that this description intends to deceive the building official in regard to the extent of work performed by Respondent. • Statute requires that Respondent comply with the code. Code requires that Respondent comply with permit/inspection as required by the local building official for ALL of the work they perform. • Neither the current permit and/or drawings accurately identify the scope of work performed by Respondent. And the permit which misrepresents Respondent’s scope remains open. Respondent should obtain the appropriate permitting and inspections for ALL of the work they have performed. Respondent should provide 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23
the Registrar with documentation of closed permit/certificate of occupancy for all of the permit required work. (No photo) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 21: 16. Brand new led medicine cabinet damaged during installation Investigator’s Observation: Newly installed owner furnished medicine cabinet is damaged. Respondent should correct by appropriate methods. (See JSI Photos #15) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 22: 17. Wall plate on master bath over sink Investigator’s Observation: Partially abandoned electrical with no correction to drywall. Respondent should complete by appropriate methods. (See JSI Photos #15) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 23: 18. Grout missing in spots Investigator’s Observation: The missing grout I was shown is in an area with a large metal bird cage. Insufficient evidence to substantiate poor work. (No photo) 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23
Governing Rule: Not applicable.
Compliance Item 24: 19. Never came back to make sure all cabinets adjusted Investigator’s Observation: Respondent stated that their work is complete, however, cabinets do not appear to have been adjusted. Respondent stated that the cabinets are owner furnished/contractor installed. Respondent said they attempted to adjust but complained about quality of cabinets. None of the drawers/doors appear warped. Respondent should adjust doors as required by the scope they performed: installation of cabinets. (See JSI Photos #16 - #17) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 25: 20. Surround for subzero still laying on patio Investigator’s Observation: Surround is laying outside on patio. Respondent denies that it was part of their scope to install the subzero. Insufficient evidence to substantiate that surround was part of Respondent’s scope. (No photo) Governing Rule: Not applicable.
Compliance Item 26: 21. Strange wall configuration over freezer Investigator’s Observation: Complainant stated that Respondent removed the drop ceiling/wall in this area. Respondent stated first that this was existing, then that it was repairable and finally that it had to “stay there because it was something”. • The contract documents (work proposal and change orders - many unsigned/undated) prepared by Respondent identify: 1) build a new Arizona room, 2)kitchen relocation and remodel, 3) removal of concrete step at entrance, removal of wall between living room and kitchen, removal of soffits, relocation of and/or addition to gas, a/c, electrical, plumbing and mechanical (duct work) systems. • There are no approved plans for this project. The drawings I was provided show the “conversion” of the patio and identify the “area of work” as applying ONLY to the “conversion”. In these plans it shows the kitchen in the new (current) location not the existing location from which Respondent relocated and remodeled the kitchen. It appears that these plans intend to deceive the building official in regard to the extent of work performed by Respondent.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23
• The permit for this project is open. The description for this permit does NOT include any work beyond “Convert existing 240 sf patio into livable Combo Permit: Building, Electrical, Mechanical”. It makes NO reference to the contracted kitchen remodel and relocation OR all of the other permit required work that Respondent has performed. Again, it appears that this description intends to deceive the building official in regard to the extent of work performed by Respondent. • Statute requires that Respondent comply with the code. Code requires that Respondent comply with permit/inspection as required by the local building official for ALL of the work they perform. • Neither the current permit and/or drawings accurately identify the scope of work performed by Respondent. And the permit which misrepresents Respondent’s scope remains open. Respondent should obtain the appropriate permitting and inspections for ALL of the work they have performed. Respondent should provide the Registrar with documentation of closed permit/certificate of occupancy for all of the permit required work. (See JSI Photos #19) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23
Complaint #2024-01588 Inspection Date: April 9, 2024 11:00 AM JSI PHOTOS – Page 1 Complaint #2024-01588 Inspection Date: April 9, 2024 11:00 AM JSI PHOTOS – Page 2 Complaint #2024-01588 Inspection Date: April 9, 2024 11:00 AM JSI PHOTOS – Page 3 Complaint #2024-01588 Inspection Date: April 9, 2024 11:00 AM JSI PHOTOS – Page 4 Complaint #2024-01588 Inspection Date: April 9, 2024 11:00 AM JSI PHOTOS – Page 5 Complaint #2024-01588 Inspection Date: April 9, 2024 11:00 AM JSI PHOTOS – Page 6 Complaint #2024-01588 Inspection Date: April 9, 2024 11:00 AM JSI PHOTOS – Page 7 Complaint #2024-01588 Inspection Date: April 9, 2024 11:00 AM JSI PHOTOS – Page 8 Complaint #2024-01588 Inspection Date: April 9, 2024 11:00 AM JSI PHOTOS – Page 9 Complaint #2024-01588 Inspection Date: April 9, 2024 11:00 AM JSI PHOTOS – Page 10 Complaint #2024-01588 Inspection Date: April 9, 2024 11:00 AM JSI PHOTOS – Page 11 Complaint #2024-01588 Inspection Date: April 9, 2024 11:00 AM JSI PHOTOS – Page 12 Complaint #2024-01588 Inspection Date: April 9, 2024 11:00 AM JSI PHOTOS – Page 13 Complaint #2024-01588 Inspection Date: April 9, 2024 11:00 AM JSI PHOTOS – Page 14 Complaint #2024-01588 Inspection Date: April 9, 2024 11:00 AM JSI PHOTOS – Page 15 Complaint #2024-01588 Inspection Date: April 9, 2024 11:00 AM JSI PHOTOS – Page 16 Complaint #2024-01588 Inspection Date: April 9, 2024 11:00 AM JSI PHOTOS – Page 17 Complaint #2024-01588 Inspection Date: April 9, 2024 11:00 AM JSI PHOTOS – Page 18 =N;N;=7ÿ?<@;ÿ86 S>!>ÿ*Gÿ8:2E*+!ÿ6!2,ÿYÿ;<;=Y<?AZZ
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944(/VV"33"53VV2V,VZO[*.)-S\1-\]#56[(4]59[](5496[4956WS/)^1M^,^00M*+)1*-^0)](["WS/)^1M^,^00M*+)1*-^_ +V+ Complainant: Donald Wayne Vaughan 4742 W El Caminito Drive Glendale, AZ 85302
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 12/23 Respondent: The Creta Group LLC DBA: 3844 N 24th St Phoenix, AZ 85016
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 12/23 April 23, 2024
Re: Complaint No. 2024-01588
Dear Complainant and Respondent:
After the initial filing of the complaint 2024-01588, the Complainant filed the attached amended complaint containing additional complaint items.
A jobsite inspection is scheduled for May 14, 20024 at 11:00 a.m. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.
COMPLAINANT: 1. Under A.R.S. § 32-1155(D)(1), the Respondent must be allowed, upon request, the opportunity to inspect the amended complaint items within fifteen (15) days of receiving this notice. If Respondent is not provided an opportunity to inspect the work within the fifteen (15) day time period, the Registrar may be prohibited from taking further action on the amended complaint items. 2. The Registrar may also be precluded from taking further action on the amended complaint items, if the work that is the subject of the amended complaint is subject to neglect, modification, or abnormal use. A.R.S. § 32-1155(D)(2) 3. You must provide safe access to any area to be inspected. If access to a roof or other elevated area is required, you must provide a means to safely access the area. Additionally, please secure any animals.
RESPONDENT: 1. Enclosed is a copy of the amended complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity inspect the work complained of within fifteen days of the date of receipt of this notice. 2. To assist the assigned investigator in evaluating the merits of the amended complaint, please submit a response to the enclosed complaint to the assigned investigator prior to the scheduled inspection. 3. If you do not attend the jobsite inspection, your absence may negatively impact the investigation, and your interests. 4. If a building permit(s) was required for this project, please have the building permit information available at the jobsite inspection.
If either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 12/23 If the parties resolve the complaint prior to the inspection, please notify the assigned investigator in writing and by phone as soon as possible.
Sincerely, Lisa Melton, Investigator #206 602 7716736 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812
Cc: File
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Case No.: 2024-01588 Investigator: Lisa Melton Inspection Date: May 4, 2024 Inspection Time: 11:00 a.m.
Jobsite Address: 4742 W El Caminito Drive Glendale, 85302
Complainant: Donald Wayne Respondent: The Creta Group Vaughan LLC Not Present: Not Present:
ATTENDEES: Complainant: Donald Wayne Vaughan Respondent: Vaile Creta & David Tipei
Jobsite General Notes: JSI photos and audio were recorded with my agency issued Pixel 6 Pro Phone and/or Cannon Power Shot Camera and Olympus Digital Voice Recorder. Refer to JSI photos for reference.
Compliance Item 27: Please add the front sidewalk to one complaint as it does not seem right for the reason it was to be widened. Investigator’s Observation: No evidence of what was to be done in this location. Insufficient evidence to substantiate poor work. (No photo) Governing Rule: Not applicable.
Compliance Item 28: The electric in the eves does not work any more since they did the electrical and worked before they did work. Investigator’s Observation: Electrical outlets do not work in this area. • The contract documents (work proposal and change orders - many unsigned/undated) prepared by Respondent identify: 1) build a new Arizona room, 2)kitchen relocation and remodel, 3) removal of concrete step at entrance, removal of wall between living room and kitchen, removal of soffits, relocation of and/or addition to gas, a/c, electrical, plumbing and mechanical (duct work) systems. • There are no approved plans for this project. The drawings I was provided show the “conversion” of the patio and identify the “area of work” as applying 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23
ONLY to the “conversion”. In these plans it shows the kitchen in the new (current) location not the existing location from which Respondent relocated and remodeled the kitchen. It appears that these plans intend to deceive the building official in regard to the extent of work performed by Respondent. • The permit for this project is open. The description for this permit does NOT include any work beyond “Convert existing 240 sf patio into livable Combo Permit: Building, Electrical, Mechanical”. It makes NO reference to the contracted kitchen remodel and relocation OR all of the other permit required work that Respondent has performed. Again, it appears that this description intends to deceive the building official in regard to the extent of work performed by Respondent. • Statute requires that Respondent comply with the code. Code requires that Respondent comply with permit/inspection as required by the local building official for ALL of the work they perform. • Neither the current permit and/or drawings accurately identify the scope of work performed by Respondent. And the permit which misrepresents Respondent’s scope remains open. Respondent should obtain the appropriate permitting and inspections for ALL of the work they have performed. Respondent should provide the Registrar with documentation of closed permit/certificate of occupancy for all of the permit required work. (No photo) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 30: Please add another amendment to the complaint, the paint on the patio doors is bubbling off. I am thinking that indoor paint was used instead of exterior I noticed it on Friday 04/19/2024 Investigator’s Observation: Paint is peeling on both exterior doors (part of sunroom addition). Respondent should correct by appropriate methods. (See JSI Photos #2 - #2) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23
tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
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: Donald Wayne Vaughan 4742 W El Caminito Drive Glendale, AZ 85302
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 12/23 Respondent: The Creta Group LLC DBA: 3844 N 24th St Phoenix, AZ 85016
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 12/23 May 24, 2024
Re: Complaint No. 2024-01588
Dear Complainant and Respondent:
After the initial filing of the complaint 2024-01588, the Complainant filed the attached amended complaint containing additional complaint items.
A jobsite inspection is scheduled for June 6, 2024 at 11:00 a.m. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.
COMPLAINANT: 1. Under A.R.S. § 32-1155(D)(1), the Respondent must be allowed, upon request, the opportunity to inspect the amended complaint items within fifteen (15) days of receiving this notice. If Respondent is not provided an opportunity to inspect the work within the fifteen (15) day time period, the Registrar may be prohibited from taking further action on the amended complaint items. 2. The Registrar may also be precluded from taking further action on the amended complaint items, if the work that is the subject of the amended complaint is subject to neglect, modification, or abnormal use. A.R.S. § 32-1155(D)(2) 3. You must provide safe access to any area to be inspected. If access to a roof or other elevated area is required, you must provide a means to safely access the area. Additionally, please secure any animals.
RESPONDENT: 1. Enclosed is a copy of the amended complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity inspect the work complained of within fifteen days of the date of receipt of this notice. 2. To assist the assigned investigator in evaluating the merits of the amended complaint, please submit a response to the enclosed complaint to the assigned investigator prior to the scheduled inspection. 3. If you do not attend the jobsite inspection, your absence may negatively impact the investigation, and your interests. 4. If a building permit(s) was required for this project, please have the building permit information available at the jobsite inspection.
If either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 12/23 If the parties resolve the complaint prior to the inspection, please notify the assigned investigator in writing and by phone as soon as possible.
Sincerely, Lisa Melton, Investigator #206 (602) 771-6736 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812
Cc: File
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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 C007 12/23 Respondent: The Creta Group LLC DBA: 3844 N 24th St Phoenix, AZ 85016
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 12/23 June 14, 2024
Re: Complaint No. 2024-01588
Dear Complainant and Respondent:
After the initial filing of the complaint 2024-01588, the Complainant filed the attached amended complaint containing additional complaint items.
A jobsite inspection is scheduled July 3, 2024 at 11:00 a.m. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.
COMPLAINANT: 1. Under A.R.S. § 32-1155(D)(1), the Respondent must be allowed, upon request, the opportunity to inspect the amended complaint items within fifteen (15) days of receiving this notice. If Respondent is not provided an opportunity to inspect the work within the fifteen (15) day time period, the Registrar may be prohibited from taking further action on the amended complaint items. 2. The Registrar may also be precluded from taking further action on the amended complaint items, if the work that is the subject of the amended complaint is subject to neglect, modification, or abnormal use. A.R.S. § 32-1155(D)(2) 3. You must provide safe access to any area to be inspected. If access to a roof or other elevated area is required, you must provide a means to safely access the area. Additionally, please secure any animals.
RESPONDENT: 1. Enclosed is a copy of the amended complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity inspect the work complained of within fifteen days of the date of receipt of this notice. 2. To assist the assigned investigator in evaluating the merits of the amended complaint, please submit a response to the enclosed complaint to the assigned investigator prior to the scheduled inspection. 3. If you do not attend the jobsite inspection, your absence may negatively impact the investigation, and your interests. 4. If a building permit(s) was required for this project, please have the building permit information available at the jobsite inspection.
If either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 12/23 If the parties resolve the complaint prior to the inspection, please notify the assigned investigator in writing and by phone as soon as possible.
Sincerely, Lisa Melton Investigator #206 (602) 771-6736 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812
Cc: File
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"BVV #:.5$,,$.!56, V #:.V1V?V̈:Q©iM#@LTg@TX0:!/©JAX"!#962©#..XJ!9 A2:+©A29!#+OLBMi?M>=iiM@=@?M@X":J.© "$OLBMi?M>=iiM@= Complaint #2024-01588 Inspection Date: July 3, 2024 11:00 AM JSI PHOTOS – Page 1 ADDENUM Jobsite Inspection Notes
Case No.: 2024-01588 Investigator: Lisa Melton Inspection Date: July 3, 2024 Inspection Time: 11:00 a.m.
Jobsite Address: 4742 W El Caminito Drive Glendale, 85302
Complainant: Donald Wayne Respondent: The Creta Group Vaughan LLC Not Present: Not Present:
ATTENDEES: Complainant: Donald Wayne Vaughan Respondent: David Tipei
Jobsite General Notes: Jobsite General Notes: JSI photos and audio were recorded with my agency issued Pixel 6 Pro Phone and/or Cannon Power Shot Camera and Olympus Digital Voice Recorder. Refer to JSI photos for reference.
Compliance Item 31: 1. Where addition and patio meet the water is pooling Investigator’s Observation: Water is ponding at the connection between existing patio and new addition (sun room). Respondent should correct by appropriate methods. (Photo failed) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 32: 2. Weatherstripping on one of doors still bad Investigator’s Observation: This is actually relative to the threshold which has extensive water damage and is in the area of the ponding referenced in Item #31. Respondent should correct by appropriate methods. (See JSI Photos #2) 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
ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 33: 3. Roof slants design was not approved by homeowners Investigator’s Observation: • The contract documents (work proposal and change orders - many unsigned/undated) prepared by Respondent identify: 1) build a new Arizona room, 2)kitchen relocation and remodel, 3) removal of concrete step at entrance, removal of wall between living room and kitchen, removal of soffits, relocation of and/or addition to gas, a/c, electrical, plumbing and mechanical (duct work) systems. • There are no approved plans for this project. The drawings I was provided show the “conversion” of the patio and identify the “area of work” as applying ONLY to the “conversion”. In these plans it shows the kitchen in the new (current) location not the existing location from which Respondent relocated and remodeled the kitchen. It appears that these plans intend to deceive the building official in regard to the extent of work performed by Respondent. • The permit for this project is open. The description for this permit does NOT include any work beyond “Convert existing 240 sf patio into livable Combo Permit: Building, Electrical, Mechanical”. It makes NO reference to the contracted kitchen remodel and relocation OR all of the other permit required work that Respondent has performed. Again, it appears that this description intends to deceive the building official in regard to the extent of work performed by Respondent. • Statute requires that Respondent comply with the code. Code requires that Respondent comply with permit/inspection as required by the local building official for ALL of the work they perform. • Neither the current permit and/or drawings accurately identify the scope of work performed by Respondent. And the permit which misrepresents Respondent’s scope remains open. Respondent should obtain the appropriate permitting and inspections for ALL of the work they have performed. Respondent should provide the Registrar with documentation of closed permit/certificate of occupancy for all of the permit required work. (No photo) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity
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 34: 4. Porch was supposed to be removed and replaced with new one that slanted away from house Investigator’s Observation: Contract documents state that a NEW Arizona room was to be built in the location of the existing sun room. • The contract documents (work proposal and change orders - many unsigned/undated) prepared by Respondent identify: 1) build a new Arizona room, 2)kitchen relocation and remodel, 3) removal of concrete step at entrance, removal of wall between living room and kitchen, removal of soffits, relocation of and/or addition to gas, a/c, electrical, plumbing and mechanical (duct work) systems. • There are no approved plans for this project. The drawings I was provided show the “conversion” of the patio and identify the “area of work” as applying ONLY to the “conversion”. In these plans it shows the kitchen in the new (current) location not the existing location from which Respondent relocated and remodeled the kitchen. It appears that these plans intend to deceive the building official in regard to the extent of work performed by Respondent. • The permit for this project is open. The description for this permit does NOT include any work beyond “Convert existing 240 sf patio into livable Combo Permit: Building, Electrical, Mechanical”. It makes NO reference to the contracted kitchen remodel and relocation OR all of the other permit required work that Respondent has performed. Again, it appears that this description intends to deceive the building official in regard to the extent of work performed by Respondent. • Statute requires that Respondent comply with the code. Code requires that Respondent comply with permit/inspection as required by the local building official for ALL of the work they perform. • Neither the current permit and/or drawings accurately identify the scope of work performed by Respondent. And the permit which misrepresents Respondent’s scope remains open. Respondent should obtain the appropriate permitting and inspections for ALL of the work they have performed. Respondent should provide the Registrar with documentation of closed permit/certificate of occupancy for all of the permit required work. (No photos) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity
Compliance Item 35: 5. Sidewalk is pieced together instead of replaced like told it would be Investigator’s Observation: Same as Item #27. Governing Rule: Not Applicable.
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 36: 6. No permit obtained for moving water, drain and gas lines after cutting into foundation Investigator’s Observation: • The contract documents (work proposal and change orders - many unsigned/undated) prepared by Respondent identify: 1) build a new Arizona room, 2)kitchen relocation and remodel, 3) removal of concrete step at entrance, removal of wall between living room and kitchen, removal of soffits, relocation of and/or addition to gas, a/c, electrical, plumbing and mechanical (duct work) systems. • There are no approved plans for this project. The drawings I was provided show the “conversion” of the patio and identify the “area of work” as applying ONLY to the “conversion”. In these plans it shows the kitchen in the new (current) location not the existing location from which Respondent relocated and remodeled the kitchen. It appears that these plans intend to deceive the building official in regard to the extent of work performed by Respondent. • The permit for this project is open. The description for this permit does NOT include any work beyond “Convert existing 240 sf patio into livable Combo Permit: Building, Electrical, Mechanical”. It makes NO reference to the contracted kitchen remodel and relocation OR all of the other permit required work that Respondent has performed. Again, it appears that this description intends to deceive the building official in regard to the extent of work performed by Respondent. • Statute requires that Respondent comply with the code. Code requires that Respondent comply with permit/inspection as required by the local building official for ALL of the work they perform. • Neither the current permit and/or drawings accurately identify the scope of work performed by Respondent. And the permit which misrepresents Respondent’s scope remains open. Respondent should obtain the appropriate permitting and inspections for ALL of the work they have performed. Respondent should provide the Registrar with documentation of closed permit/certificate of occupancy for all of the permit required work. (No photos) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity
Compliance Item 37: 7. Outlets under eves worked now they don’t Investigator’s Observation: Same as Item #28. Governing Rule: Not Applicable.
Compliance Item 38: 8. Cracks in new stucco on addition Investigator’s Observation: Hairline cracks in stucco are not a workmanship concerns. (No photo) Governing Rule: Not applicable. 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 39: 1. Non-permitted Ductwork: AC Ductwork relocated and added throughout the house, cold air blowing out front outdoor roofline at eaves over exterior front door entry. No inspections performed. Investigator’s Observation: I was able to feel the air blowing in the location identified by Complainant. • The contract documents (work proposal and change orders - many unsigned/undated) prepared by Respondent identify: 1) build a new Arizona room, 2)kitchen relocation and remodel, 3) removal of concrete step at entrance, removal of wall between living room and kitchen, removal of soffits, relocation of and/or addition to gas, a/c, electrical, plumbing and mechanical (duct work) systems. • There are no approved plans for this project. The drawings I was provided show the “conversion” of the patio and identify the “area of work” as applying ONLY to the “conversion”. In these plans it shows the kitchen in the new (current) location not the existing location from which Respondent relocated and remodeled the kitchen. It appears that these plans intend to deceive the building official in regard to the extent of work performed by Respondent. • The permit for this project is open. The description for this permit does NOT include any work beyond “Convert existing 240 sf patio into livable Combo Permit: Building, Electrical, Mechanical”. It makes NO reference to the contracted kitchen remodel and relocation OR all of the other permit required work that Respondent has performed. Again, it appears that this description intends to deceive the building official in regard to the extent of work performed by Respondent. • Statute requires that Respondent comply with the code. Code requires that Respondent comply with permit/inspection as required by the local building official for ALL of the work they perform. • Neither the current permit and/or drawings accurately identify the scope of work performed by Respondent. And the permit which misrepresents Respondent’s scope remains open. Respondent should obtain the appropriate permitting and inspections for ALL of the work they have performed. Respondent should provide the Registrar with documentation of closed permit/certificate of occupancy for all of the permit required work. (No photos) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity
Compliance Item 41: 2. Non-permitted Electrical work: Circuits added to house panel, installed over 30 can lights, multiple ceiling fixtures, bathroom fixtures, all new electrical for relocated kitchen including counter and island, wall outlets, appliance outlets, coffee bar outlets & appliances, all new electrical for relocated pantry and entryway lighting and outlets, new outlets at fireplace, multiple interior outlets and 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23
switches added or moved, (Referenced adding 220V for appliances-not sure what is there), moved electrical for life support equipment which was on a dedicated circuit and should still be although we do not know, installed multiple exterior fixtures and outlets, moved/added electrical for front porch, back porch light added and left unconnected, added all electrical for room addition, camera security wires cut and we were instructed to call COX to have it fixed, previously working electrical in eaves for Christmas lights and outlet for fountain now no longer work (that work and medical circuits was performed by George Brazil previous to this remodel and was in good working condition), installed new lighting in bathrooms in moved locations, switches in Hall bath placed fan first, light second, and we were told there was not enough wire to install in the traditional manner. All electrical was not subject to proper inspections. Investigator’s Observation: • The contract documents (work proposal and change orders - many unsigned/undated) prepared by Respondent identify: 1) build a new Arizona room, 2)kitchen relocation and remodel, 3) removal of concrete step at entrance, removal of wall between living room and kitchen, removal of soffits, relocation of and/or addition to gas, a/c, electrical, plumbing and mechanical (duct work) systems. • There are no approved plans for this project. The drawings I was provided show the “conversion” of the patio and identify the “area of work” as applying ONLY to the “conversion”. In these plans it shows the kitchen in the new (current) location not the existing location from which Respondent relocated and remodeled the kitchen. It appears that these plans intend to deceive the building official in regard to the extent of work performed by Respondent. • The permit for this project is open. The description for this permit does NOT include any work beyond “Convert existing 240 sf patio into livable Combo Permit: Building, Electrical, Mechanical”. It makes NO reference to the contracted kitchen remodel and relocation OR all of the other permit required work that Respondent has performed. Again, it appears that this description intends to deceive the building official in regard to the extent of work performed by Respondent. • Statute requires that Respondent comply with the code. Code requires that Respondent comply with permit/inspection as required by the local building official for ALL of the work they perform. • Neither the current permit and/or drawings accurately identify the scope of work performed by Respondent. And the permit which misrepresents Respondent’s scope remains open. Respondent should obtain the appropriate permitting and inspections for ALL of the work they have performed. Respondent should provide the Registrar with documentation of closed permit/certificate of occupancy for all of the permit required work. (No photos) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity 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 42: 3. Non-permitted Plumbing work: Concrete house foundation cut open and water pipes moved (both drain & waterline- to relocate entire kitchen plumbing for sink, garbage disposal, dishwasher, R.O. system, refrigerator ice maker, and appliances from original build floorplan to the far end of the former living room. No pre-or post-inspections by licensed personnel, lack of site supervision, young children brought onsite with worker with open trench in the floor so he could watch them here while working on our house, no permit pulled, no green tag issued, floor closed up without proper inspection performed. Investigator’s Observation: • The contract documents (work proposal and change orders - many unsigned/undated) prepared by Respondent identify: 1) build a new Arizona room, 2)kitchen relocation and remodel, 3) removal of concrete step at entrance, removal of wall between living room and kitchen, removal of soffits, relocation of and/or addition to gas, a/c, electrical, plumbing and mechanical (duct work) systems. • There are no approved plans for this project. The drawings I was provided show the “conversion” of the patio and identify the “area of work” as applying ONLY to the “conversion”. In these plans it shows the kitchen in the new (current) location not the existing location from which Respondent relocated and remodeled the kitchen. It appears that these plans intend to deceive the building official in regard to the extent of work performed by Respondent. • The permit for this project is open. The description for this permit does NOT include any work beyond “Convert existing 240 sf patio into livable Combo Permit: Building, Electrical, Mechanical”. It makes NO reference to the contracted kitchen remodel and relocation OR all of the other permit required work that Respondent has performed. Again, it appears that this description intends to deceive the building official in regard to the extent of work performed by Respondent. • Statute requires that Respondent comply with the code. Code requires that Respondent comply with permit/inspection as required by the local building official for ALL of the work they perform. • Neither the current permit and/or drawings accurately identify the scope of work performed by Respondent. And the permit which misrepresents Respondent’s scope remains open. Respondent should obtain the appropriate permitting and inspections for ALL of the work they have performed. Respondent should provide the Registrar with documentation of closed permit/certificate of occupancy for all of the permit required work. (No photo) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity
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 43: 4. Non-permitted work on Gas lines: Moved Gas line from original build floorplan to far end of former living room for gas stove in remodeled kitchen area. No proper inspection performed, and Southwest Gas was not contacted. Investigator’s Observation: • The contract documents (work proposal and change orders - many unsigned/undated) prepared by Respondent identify: 1) build a new Arizona room, 2)kitchen relocation and remodel, 3) removal of concrete step at entrance, removal of wall between living room and kitchen, removal of soffits, relocation of and/or addition to gas, a/c, electrical, plumbing and mechanical (duct work) systems. • There are no approved plans for this project. The drawings I was provided show the “conversion” of the patio and identify the “area of work” as applying ONLY to the “conversion”. In these plans it shows the kitchen in the new (current) location not the existing location from which Respondent relocated and remodeled the kitchen. It appears that these plans intend to deceive the building official in regard to the extent of work performed by Respondent. • The permit for this project is open. The description for this permit does NOT include any work beyond “Convert existing 240 sf patio into livable Combo Permit: Building, Electrical, Mechanical”. It makes NO reference to the contracted kitchen remodel and relocation OR all of the other permit required work that Respondent has performed. Again, it appears that this description intends to deceive the building official in regard to the extent of work performed by Respondent. • Statute requires that Respondent comply with the code. Code requires that Respondent comply with permit/inspection as required by the local building official for ALL of the work they perform. • Neither the current permit and/or drawings accurately identify the scope of work performed by Respondent. And the permit which misrepresents Respondent’s scope remains open. Respondent should obtain the appropriate permitting and inspections for ALL of the work they have performed. Respondent should provide the Registrar with documentation of closed permit/certificate of occupancy for all of the permit required work. (No photo) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity
Compliance Item 44: 5.Non-permitted concrete demo/replacement: Former raised interior entry removed to the dirt and replaced level with interior/exterior flooring, front exterior entry slab and walkway was to be completely removed and replaced with new handicapped wheelchair/ stretcher accessible egress for owner/patient emergency medical calls and angled away from the house- instead, sloppy add-on added and is cracking, uneven, and angled improperly without end radius that was requested. Concrete poured on top of existing back patio for room addition to raise 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23
floor even with interior floor of house and new patio poured, - when a completely new room was to be built on and floor angled away from house at proper angle, now water pools next to the house on west end of addition. Investigator’s Observation: • The contract documents (work proposal and change orders - many unsigned/undated) prepared by Respondent identify: 1) build a new Arizona room, 2)kitchen relocation and remodel, 3) removal of concrete step at entrance, removal of wall between living room and kitchen, removal of soffits, relocation of and/or addition to gas, a/c, electrical, plumbing and mechanical (duct work) systems. • There are no approved plans for this project. The drawings I was provided show the “conversion” of the patio and identify the “area of work” as applying ONLY to the “conversion”. In these plans it shows the kitchen in the new (current) location not the existing location from which Respondent relocated and remodeled the kitchen. It appears that these plans intend to deceive the building official in regard to the extent of work performed by Respondent. • The permit for this project is open. The description for this permit does NOT include any work beyond “Convert existing 240 sf patio into livable Combo Permit: Building, Electrical, Mechanical”. It makes NO reference to the contracted kitchen remodel and relocation OR all of the other permit required work that Respondent has performed. Again, it appears that this description intends to deceive the building official in regard to the extent of work performed by Respondent. • Statute requires that Respondent comply with the code. Code requires that Respondent comply with permit/inspection as required by the local building official for ALL of the work they perform. • Neither the current permit and/or drawings accurately identify the scope of work performed by Respondent. And the permit which misrepresents Respondent’s scope remains open. Respondent should obtain the appropriate permitting and inspections for ALL of the work they have performed. Respondent should provide the Registrar with documentation of closed permit/certificate of occupancy for all of the permit required work. (No photos) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity
Compliance Item 45: 6. Non-owner approved design of Room Addition format: Rear room add-on was to be completely new with new trusses, new floor, new support beam, and all new materials. Instead, old patio was enclosed for room with the existing slanted patio roof, no new trusses, and using our old 40-year-old drywall just to make a cheap enclosure. Room is slanted and uneven, large support beam is crooked as well, water pools near house, stucco all cracked and was not cured properly, paint peeling off of exterior doors- looks like interior latex was used. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23
Investigator’s Observation: Design addressed in Item #1. Lack of permit/inspection addressed in numerous complaint items. Beam addressed in Item #11 & #14. Water pooling addressed in Item #31. Stucco addressed in Item #38. Peeling paint on exterior doors addressed in Item #30. Governing Rule: Not Applicable
Compliance Item 46: 7. Incomplete punch list for job that commenced 12/2022: missing plate covers W. front bedroom, missing door seals, structural deviation above freezer in kitchen, missing grout, cabinets not adjusted, missing surround for refrigerator, incomplete j-box hole drywall repair & capped electrical in master bath, broken mirrors on owner purchased lighted LED bath vanity cabinets, hall bath door frame left unpainted, RO system not working, pantry contracted and billed was completed by owner, etcetera-over 90% of all materials were supplied by homeowner. Investigator’s Observation: Missing plate covers addressed in Item #11. Door seals addressed in Item #18. Structural deviation/wall above freezer addressed in Item #26. Missing grout addressed in Item #23. Cabinet adjustment addressed in Item #24. Refrigerator surround addressed in Item #25. Incomplete abandoned electric drywall repair addressed in Item #22. Mirors addressed in Item #7. RO addressed in Item #12. Billing/financial matters are outside of the authority of the Registrar. Governing Rule: Not Applicable.
Compliance Item 47: 8. To reiterate, we feel a full review and assessment of all work performed at this location is necessary for our safety along with a full assessment of the legality of the Creta Group (under all assumed names) to contract or perform said work in light of the problems we have experienced throughout this as yet incomplete job. Please contact us if you have any questions, Investigator’s Observation: The Registrar does not perform reviews/assessments to determine compliance. The Complainant bears the burden of proof relative to identification and evidence of poor work and/abandonment. Governing Rule: Not Applicable.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23
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#39;2<5(00(<%560$^#39;2<^-^?^l2Qmn="'@M_g@_oI2%Km,Ao&%'G6/m'<<o,%G$A/29mA/G%'9hMB"n?=pna"?ga=?=gpn"@o&2$,<mamp;(hMB"n?=pna"?ga=?=gpn"@ "^> 01231456ÿ8930ÿ ÿÿÿ ÿÿ9ÿÿÿÿÿÿ!ÿÿÿ"#$ÿ%%&%911"''"11131()*2+5,85,-./)%-)-% !)!9+*320*0+38023280*+5-%)'9+*320*0+38023280*+5 414 Complainant: Donald Wayne Vaughan 4742 W El Caminito Drive Glendale, AZ 85302
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: The Creta Group LLC DBA: 3844 N 24th St Phoenix, AZ 85016
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 July 31, 2024
License No. ROC 318688
Re:Complaint No. 2024-01588
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 August 19, 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:
***Note: Compliance Item #29 & #40 has been omitted, however, ALL Complaint Items have been included***
Compliance Item 7: He broke vanity mirrors, causing a hazard. Investigator’s Observation: Newly installed owner furnished mirrors are broken. Respondent should correct by appropriate methods. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, 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 prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 10: *No electrical permit was pulled for the dedicated needs Investigator’s Observation: • The contract documents (work proposal and change orders - many unsigned/undated) prepared by Respondent identify: 1) build a new Arizona room, 2)kitchen relocation and remodel, 3) removal of concrete step at entrance, removal of wall between living room and kitchen, removal of soffits, relocation of and/or addition to gas, a/c, electrical, plumbing and mechanical (duct work) systems. • There are no approved plans for this project. The drawings I was provided show the “conversion” of the patio and identify the “area of work” as applying ONLY to the “conversion”. In these plans it shows the kitchen in the new (current) location not the existing location from which Respondent relocated and remodeled the kitchen. It appears that these plans intend to deceive the building official in regard to the extent of work performed by Respondent. • The permit for this project is open. The description for this permit does NOT include any work beyond “Convert existing 240 sf patio into livable Combo Permit: Building, Electrical, Mechanical”. It makes NO reference to the contracted kitchen remodel and relocation OR all of the other permit required work that Respondent has performed. Again, it appears that this description intends to deceive the building official in regard to the extent of work performed by Respondent. • Statute requires that Respondent comply with the code. Code requires that Respondent comply with permit/inspection as required by the local building official for ALL of the work they perform. • Neither the current permit and/or drawings accurately identify the scope of work performed by Respondent. And the permit which misrepresents Respondent’s scope remains open. Respondent should obtain the appropriate permitting and inspections for ALL of the work they have performed. Respondent should provide the Registrar with documentation of closed permit/certificate of occupancy for all of the permit required work. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 11: *Beam Header was to be above ceiling
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: • The contract documents (work proposal and change orders - many unsigned/undated) prepared by Respondent identify: 1) build a new Arizona room, 2)kitchen relocation and remodel, 3) removal of concrete step at entrance, removal of wall between living room and kitchen, removal of soffits, relocation of and/or addition to gas, a/c, electrical, plumbing and mechanical (duct work) systems. • There are no approved plans for this project. The drawings I was provided show the “conversion” of the patio and identify the “area of work” as applying ONLY to the “conversion”. In these plans it shows the kitchen in the new (current) location not the existing location from which Respondent relocated and remodeled the kitchen. It appears that these plans intend to deceive the building official in regard to the extent of work performed by Respondent. • The permit for this project is open. The description for this permit does NOT include any work beyond “Convert existing 240 sf patio into livable Combo Permit: Building, Electrical, Mechanical”. It makes NO reference to the contracted kitchen remodel and relocation OR all of the other permit required work that Respondent has performed. Again, it appears that this description intends to deceive the building official in regard to the extent of work performed by Respondent. • Statute requires that Respondent comply with the code. Code requires that Respondent comply with permit/inspection as required by the local building official for ALL of the work they perform. • Neither the current permit and/or drawings accurately identify the scope of work performed by Respondent. And the permit which misrepresents Respondent’s scope remains open. Respondent should obtain the appropriate permitting and inspections for ALL of the work they have performed. Respondent should provide the Registrar with documentation of closed permit/certificate of occupancy for all of the permit required work. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 14: 9. Support beam for addition angled Investigator’s Observation: • The contract documents (work proposal and change orders - many unsigned/undated) prepared by Respondent identify: 1) build a new Arizona room, 2)kitchen relocation and remodel, 3) removal of concrete step at entrance, removal of
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 wall between living room and kitchen, removal of soffits, relocation of and/or addition to gas, a/c, electrical, plumbing and mechanical (duct work) systems. • There are no approved plans for this project. The drawings I was provided show the “conversion” of the patio and identify the “area of work” as applying ONLY to the “conversion”. In these plans it shows the kitchen in the new (current) location not the existing location from which Respondent relocated and remodeled the kitchen. It appears that these plans intend to deceive the building official in regard to the extent of work performed by Respondent. • The permit for this project is open. The description for this permit does NOT include any work beyond “Convert existing 240 sf patio into livable Combo Permit: Building, Electrical, Mechanical”. It makes NO reference to the contracted kitchen remodel and relocation OR all of the other permit required work that Respondent has performed. Again, it appears that this description intends to deceive the building official in regard to the extent of work performed by Respondent. • Statute requires that Respondent comply with the code. Code requires that Respondent comply with permit/inspection as required by the local building official for ALL of the work they perform. • Neither the current permit and/or drawings accurately identify the scope of work performed by Respondent. And the permit which misrepresents Respondent’s scope remains open. Respondent should obtain the appropriate permitting and inspections for ALL of the work they have performed. Respondent should provide the Registrar with documentation of closed permit/certificate of occupancy for all of the permit required work. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 15: 10. Hall bathroom light switches need to be switched Investigator’s Observation: Respondent performed work relative to these switches during installation of damaged lighted vanity mirrors. (Item #7). The switches do not properly operate the lighting in the bathroom. Respondent should address issues with switch operation by appropriate methods. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills,
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 18: 13. Front door not sealed underneath Investigator’s Observation: Seal is ruptured and appears to have been poorly installed. Respondent should correct by appropriate methods. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 19: 14. When dimming pennant lights they flicker Investigator’s Observation: • The contract documents (work proposal and change orders - many unsigned/undated) prepared by Respondent identify: 1) build a new Arizona room, 2)kitchen relocation and remodel, 3) removal of concrete step at entrance, removal of wall between living room and kitchen, removal of soffits, relocation of and/or addition to gas, a/c, electrical, plumbing and mechanical (duct work) systems. • There are no approved plans for this project. The drawings I was provided show the “conversion” of the patio and identify the “area of work” as applying ONLY to the “conversion”. In these plans it shows the kitchen in the new (current) location not the existing location from which Respondent relocated and remodeled the kitchen. It appears that these plans intend to deceive the building official in regard to the extent of work performed by Respondent. • The permit for this project is open. The description for this permit does NOT include any work beyond “Convert existing 240 sf patio into livable Combo Permit: Building, Electrical, Mechanical”. It makes NO reference to the contracted kitchen remodel and relocation OR all of the other permit required work that Respondent has performed. Again, it appears that this description intends to deceive the building official in regard to the extent of work performed by Respondent. • Statute requires that Respondent comply with the code. Code requires that Respondent comply with permit/inspection as required by the local building official for ALL of the work they perform. • Neither the current permit and/or drawings accurately identify the scope of work performed by Respondent. And the permit which misrepresents Respondent’s scope remains open. Respondent should obtain the appropriate permitting and inspections for ALL of the work they have performed. Respondent should provide the
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Registrar with documentation of closed permit/certificate of occupancy for all of the permit required work. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 20: 15. Drainage lines moved also Investigator’s Observation: • The contract documents (work proposal and change orders - many unsigned/undated) prepared by Respondent identify: 1) build a new Arizona room, 2)kitchen relocation and remodel, 3) removal of concrete step at entrance, removal of wall between living room and kitchen, removal of soffits, relocation of and/or addition to gas, a/c, electrical, plumbing and mechanical (duct work) systems. • There are no approved plans for this project. The drawings I was provided show the “conversion” of the patio and identify the “area of work” as applying ONLY to the “conversion”. In these plans it shows the kitchen in the new (current) location not the existing location from which Respondent relocated and remodeled the kitchen. It appears that these plans intend to deceive the building official in regard to the extent of work performed by Respondent. • The permit for this project is open. The description for this permit does NOT include any work beyond “Convert existing 240 sf patio into livable Combo Permit: Building, Electrical, Mechanical”. It makes NO reference to the contracted kitchen remodel and relocation OR all of the other permit required work that Respondent has performed. Again, it appears that this description intends to deceive the building official in regard to the extent of work performed by Respondent. • Statute requires that Respondent comply with the code. Code requires that Respondent comply with permit/inspection as required by the local building official for ALL of the work they perform. • Neither the current permit and/or drawings accurately identify the scope of work performed by Respondent. And the permit which misrepresents Respondent’s scope remains open. Respondent should obtain the appropriate permitting and inspections for ALL of the work they have performed. Respondent should provide the Registrar with documentation of closed permit/certificate of occupancy for all of the permit required work. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 21: 16. Brand new led medicine cabinet damaged during installation Investigator’s Observation: Newly installed owner furnished medicine cabinet is damaged. Respondent should correct by appropriate methods. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 22: 17. Wall plate on master bath over sink Investigator’s Observation: Partially abandoned electrical with no correction to drywall. Respondent should complete by appropriate methods. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 24: 19. Never came back to make sure all cabinets adjusted Investigator’s Observation: Respondent stated that their work is complete, however, cabinets do not appear to have been adjusted. Respondent stated that the cabinets are owner furnished/contractor installed. Respondent said they attempted to adjust but complained about quality of cabinets. None of the drawers/doors appear warped. Respondent should adjust doors as required by the scope they performed: installation of cabinets. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills,
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 26: 21. Strange wall configuration over freezer Investigator’s Observation: Complainant stated that Respondent removed the drop ceiling/wall in this area. Respondent stated first that this was existing, then that it was repairable and finally that it had to “stay there because it was something”. • The contract documents (work proposal and change orders - many unsigned/undated) prepared by Respondent identify: 1) build a new Arizona room, 2)kitchen relocation and remodel, 3) removal of concrete step at entrance, removal of wall between living room and kitchen, removal of soffits, relocation of and/or addition to gas, a/c, electrical, plumbing and mechanical (duct work) systems. • There are no approved plans for this project. The drawings I was provided show the “conversion” of the patio and identify the “area of work” as applying ONLY to the “conversion”. In these plans it shows the kitchen in the new (current) location not the existing location from which Respondent relocated and remodeled the kitchen. It appears that these plans intend to deceive the building official in regard to the extent of work performed by Respondent. • The permit for this project is open. The description for this permit does NOT include any work beyond “Convert existing 240 sf patio into livable Combo Permit: Building, Electrical, Mechanical”. It makes NO reference to the contracted kitchen remodel and relocation OR all of the other permit required work that Respondent has performed. Again, it appears that this description intends to deceive the building official in regard to the extent of work performed by Respondent. • Statute requires that Respondent comply with the code. Code requires that Respondent comply with permit/inspection as required by the local building official for ALL of the work they perform. • Neither the current permit and/or drawings accurately identify the scope of work performed by Respondent. And the permit which misrepresents Respondent’s scope remains open. Respondent should obtain the appropriate permitting and inspections for ALL of the work they have performed. Respondent should provide the Registrar with documentation of closed permit/certificate of occupancy for all of the permit required work. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 28: The electric in the eves does not work any more since they did the electrical and worked before they did work. Investigator’s Observation: Electrical outlets do not work in this area. • The contract documents (work proposal and change orders - many unsigned/undated) prepared by Respondent identify: 1) build a new Arizona room, 2)kitchen relocation and remodel, 3) removal of concrete step at entrance, removal of wall between living room and kitchen, removal of soffits, relocation of and/or addition to gas, a/c, electrical, plumbing and mechanical (duct work) systems. • There are no approved plans for this project. The drawings I was provided show the “conversion” of the patio and identify the “area of work” as applying ONLY to the “conversion”. In these plans it shows the kitchen in the new (current) location not the existing location from which Respondent relocated and remodeled the kitchen. It appears that these plans intend to deceive the building official in regard to the extent of work performed by Respondent. • The permit for this project is open. The description for this permit does NOT include any work beyond “Convert existing 240 sf patio into livable Combo Permit: Building, Electrical, Mechanical”. It makes NO reference to the contracted kitchen remodel and relocation OR all of the other permit required work that Respondent has performed. Again, it appears that this description intends to deceive the building official in regard to the extent of work performed by Respondent. • Statute requires that Respondent comply with the code. Code requires that Respondent comply with permit/inspection as required by the local building official for ALL of the work they perform. • Neither the current permit and/or drawings accurately identify the scope of work performed by Respondent. And the permit which misrepresents Respondent’s scope remains open. Respondent should obtain the appropriate permitting and inspections for ALL of the work they have performed. Respondent should provide the Registrar with documentation of closed permit/certificate of occupancy for all of the permit required work. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
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 30: Please add another amendment to the complaint, the paint on the patio doors is bubbling off. I am thinking that indoor paint was used instead of exterior I noticed it on Friday 04/19/2024 Investigator’s Observation: Paint is peeling on both exterior doors (part of sunroom addition). Respondent should correct by appropriate methods. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 31: 1. Where addition and patio meet the water is pooling Investigator’s Observation: Water is ponding at the connection between existing patio and new addition (sun room). Respondent should correct by appropriate methods. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 32: 2. Weatherstripping on one of doors still bad Investigator’s Observation: This is actually relative to the threshold which has extensive water damage and is in the area of the ponding referenced in Item #31. Respondent should correct by appropriate methods. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 33: 3. Roof slants design was not approved by homeowners Investigator’s Observation: • The contract documents (work proposal and change orders - many unsigned/undated) prepared by Respondent identify: 1) build a new Arizona room,
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 2)kitchen relocation and remodel, 3) removal of concrete step at entrance, removal of wall between living room and kitchen, removal of soffits, relocation of and/or addition to gas, a/c, electrical, plumbing and mechanical (duct work) systems. • There are no approved plans for this project. The drawings I was provided show the “conversion” of the patio and identify the “area of work” as applying ONLY to the “conversion”. In these plans it shows the kitchen in the new (current) location not the existing location from which Respondent relocated and remodeled the kitchen. It appears that these plans intend to deceive the building official in regard to the extent of work performed by Respondent. • The permit for this project is open. The description for this permit does NOT include any work beyond “Convert existing 240 sf patio into livable Combo Permit: Building, Electrical, Mechanical”. It makes NO reference to the contracted kitchen remodel and relocation OR all of the other permit required work that Respondent has performed. Again, it appears that this description intends to deceive the building official in regard to the extent of work performed by Respondent. • Statute requires that Respondent comply with the code. Code requires that Respondent comply with permit/inspection as required by the local building official for ALL of the work they perform. • Neither the current permit and/or drawings accurately identify the scope of work performed by Respondent. And the permit which misrepresents Respondent’s scope remains open. Respondent should obtain the appropriate permitting and inspections for ALL of the work they have performed. Respondent should provide the Registrar with documentation of closed permit/certificate of occupancy for all of the permit required work. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity
Compliance Item 34: 4. Porch was supposed to be removed and replaced with new one that slanted away from house Investigator’s Observation: Contract documents state that a NEW Arizona room was to be built in the location of the existing sun room. • The contract documents (work proposal and change orders - many unsigned/undated) prepared by Respondent identify: 1) build a new Arizona room, 2)kitchen relocation and remodel, 3) removal of concrete step at entrance, removal of
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 wall between living room and kitchen, removal of soffits, relocation of and/or addition to gas, a/c, electrical, plumbing and mechanical (duct work) systems. • There are no approved plans for this project. The drawings I was provided show the “conversion” of the patio and identify the “area of work” as applying ONLY to the “conversion”. In these plans it shows the kitchen in the new (current) location not the existing location from which Respondent relocated and remodeled the kitchen. It appears that these plans intend to deceive the building official in regard to the extent of work performed by Respondent. • The permit for this project is open. The description for this permit does NOT include any work beyond “Convert existing 240 sf patio into livable Combo Permit: Building, Electrical, Mechanical”. It makes NO reference to the contracted kitchen remodel and relocation OR all of the other permit required work that Respondent has performed. Again, it appears that this description intends to deceive the building official in regard to the extent of work performed by Respondent. • Statute requires that Respondent comply with the code. Code requires that Respondent comply with permit/inspection as required by the local building official for ALL of the work they perform. • Neither the current permit and/or drawings accurately identify the scope of work performed by Respondent. And the permit which misrepresents Respondent’s scope remains open. Respondent should obtain the appropriate permitting and inspections for ALL of the work they have performed. Respondent should provide the Registrar with documentation of closed permit/certificate of occupancy for all of the permit required work. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity
Compliance Item 36: 6. No permit obtained for moving water, drain and gas lines after cutting into foundation Investigator’s Observation: • The contract documents (work proposal and change orders - many unsigned/undated) prepared by Respondent identify: 1) build a new Arizona room, 2)kitchen relocation and remodel, 3) removal of concrete step at entrance, removal of wall between living room and kitchen, removal of soffits, relocation of and/or addition to gas, a/c, electrical, plumbing and mechanical (duct work) systems. • There are no approved plans for this project. The drawings I was provided show the “conversion” of the patio and identify the “area of work” as applying ONLY to the
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 “conversion”. In these plans it shows the kitchen in the new (current) location not the existing location from which Respondent relocated and remodeled the kitchen. It appears that these plans intend to deceive the building official in regard to the extent of work performed by Respondent. • The permit for this project is open. The description for this permit does NOT include any work beyond “Convert existing 240 sf patio into livable Combo Permit: Building, Electrical, Mechanical”. It makes NO reference to the contracted kitchen remodel and relocation OR all of the other permit required work that Respondent has performed. Again, it appears that this description intends to deceive the building official in regard to the extent of work performed by Respondent. • Statute requires that Respondent comply with the code. Code requires that Respondent comply with permit/inspection as required by the local building official for ALL of the work they perform. • Neither the current permit and/or drawings accurately identify the scope of work performed by Respondent. And the permit which misrepresents Respondent’s scope remains open. Respondent should obtain the appropriate permitting and inspections for ALL of the work they have performed. Respondent should provide the Registrar with documentation of closed permit/certificate of occupancy for all of the permit required work. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity
Compliance Item 39: 1. Non-permitted Ductwork: AC Ductwork relocated and added throughout the house, cold air blowing out front outdoor roofline at eaves over exterior front door entry. No inspections performed. Investigator’s Observation: I was able to feel the air blowing in the location identified by Complainant. • The contract documents (work proposal and change orders - many unsigned/undated) prepared by Respondent identify: 1) build a new Arizona room, 2)kitchen relocation and remodel, 3) removal of concrete step at entrance, removal of wall between living room and kitchen, removal of soffits, relocation of and/or addition to gas, a/c, electrical, plumbing and mechanical (duct work) systems. • There are no approved plans for this project. The drawings I was provided show the “conversion” of the patio and identify the “area of work” as applying ONLY to the “conversion”. In these plans it shows the kitchen in the new (current) location not the existing location from which Respondent relocated and remodeled the kitchen. It
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 appears that these plans intend to deceive the building official in regard to the extent of work performed by Respondent. • The permit for this project is open. The description for this permit does NOT include any work beyond “Convert existing 240 sf patio into livable Combo Permit: Building, Electrical, Mechanical”. It makes NO reference to the contracted kitchen remodel and relocation OR all of the other permit required work that Respondent has performed. Again, it appears that this description intends to deceive the building official in regard to the extent of work performed by Respondent. • Statute requires that Respondent comply with the code. Code requires that Respondent comply with permit/inspection as required by the local building official for ALL of the work they perform. • Neither the current permit and/or drawings accurately identify the scope of work performed by Respondent. And the permit which misrepresents Respondent’s scope remains open. Respondent should obtain the appropriate permitting and inspections for ALL of the work they have performed. Respondent should provide the Registrar with documentation of closed permit/certificate of occupancy for all of the permit required work. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity
Compliance Item 41: 2. Non-permitted Electrical work: Circuits added to house panel, installed over 30 can lights, multiple ceiling fixtures, bathroom fixtures, all new electrical for relocated kitchen including counter and island, wall outlets, appliance outlets, coffee bar outlets & appliances, all new electrical for relocated pantry and entryway lighting and outlets, new outlets at fireplace, multiple interior outlets and switches added or moved, (Referenced adding 220V for appliances-not sure what is there), moved electrical for life support equipment which was on a dedicated circuit and should still be although we do not know, installed multiple exterior fixtures and outlets, moved/added electrical for front porch, back porch light added and left unconnected, added all electrical for room addition, camera security wires cut and we were instructed to call COX to have it fixed, previously working electrical in eaves for Christmas lights and outlet for fountain now no longer work (that work and medical circuits was performed by George Brazil previous to this remodel and was in good working condition), installed new lighting in bathrooms in moved locations, switches in Hall bath placed fan first, light second, and we were told there was not enough wire to install in the traditional manner. All electrical was not subject to proper inspections.
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: • The contract documents (work proposal and change orders - many unsigned/undated) prepared by Respondent identify: 1) build a new Arizona room, 2)kitchen relocation and remodel, 3) removal of concrete step at entrance, removal of wall between living room and kitchen, removal of soffits, relocation of and/or addition to gas, a/c, electrical, plumbing and mechanical (duct work) systems. • There are no approved plans for this project. The drawings I was provided show the “conversion” of the patio and identify the “area of work” as applying ONLY to the “conversion”. In these plans it shows the kitchen in the new (current) location not the existing location from which Respondent relocated and remodeled the kitchen. It appears that these plans intend to deceive the building official in regard to the extent of work performed by Respondent. • The permit for this project is open. The description for this permit does NOT include any work beyond “Convert existing 240 sf patio into livable Combo Permit: Building, Electrical, Mechanical”. It makes NO reference to the contracted kitchen remodel and relocation OR all of the other permit required work that Respondent has performed. Again, it appears that this description intends to deceive the building official in regard to the extent of work performed by Respondent. • Statute requires that Respondent comply with the code. Code requires that Respondent comply with permit/inspection as required by the local building official for ALL of the work they perform. • Neither the current permit and/or drawings accurately identify the scope of work performed by Respondent. And the permit which misrepresents Respondent’s scope remains open. Respondent should obtain the appropriate permitting and inspections for ALL of the work they have performed. Respondent should provide the Registrar with documentation of closed permit/certificate of occupancy for all of the permit required work. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity
Compliance Item 42: 3. Non-permitted Plumbing work: Concrete house foundation cut open and water pipes moved (both drain & waterline- to relocate entire kitchen plumbing for sink, garbage disposal, dishwasher, R.O. system, refrigerator ice maker, and appliances from original build floorplan to the far end of the former living room. No pre-or post-inspections by licensed personnel, lack of site supervision, young children brought onsite with worker with open trench in the floor so he could watch them here
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 while working on our house, no permit pulled, no green tag issued, floor closed up without proper inspection performed. Investigator’s Observation: • The contract documents (work proposal and change orders - many unsigned/undated) prepared by Respondent identify: 1) build a new Arizona room, 2)kitchen relocation and remodel, 3) removal of concrete step at entrance, removal of wall between living room and kitchen, removal of soffits, relocation of and/or addition to gas, a/c, electrical, plumbing and mechanical (duct work) systems. • There are no approved plans for this project. The drawings I was provided show the “conversion” of the patio and identify the “area of work” as applying ONLY to the “conversion”. In these plans it shows the kitchen in the new (current) location not the existing location from which Respondent relocated and remodeled the kitchen. It appears that these plans intend to deceive the building official in regard to the extent of work performed by Respondent. • The permit for this project is open. The description for this permit does NOT include any work beyond “Convert existing 240 sf patio into livable Combo Permit: Building, Electrical, Mechanical”. It makes NO reference to the contracted kitchen remodel and relocation OR all of the other permit required work that Respondent has performed. Again, it appears that this description intends to deceive the building official in regard to the extent of work performed by Respondent. • Statute requires that Respondent comply with the code. Code requires that Respondent comply with permit/inspection as required by the local building official for ALL of the work they perform. • Neither the current permit and/or drawings accurately identify the scope of work performed by Respondent. And the permit which misrepresents Respondent’s scope remains open. Respondent should obtain the appropriate permitting and inspections for ALL of the work they have performed. Respondent should provide the Registrar with documentation of closed permit/certificate of occupancy for all of the permit required work. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity
Compliance Item 43: 4. Non-permitted work on Gas lines: Moved Gas line from original build floorplan to far end of former living room for gas stove in remodeled kitchen area. No proper inspection performed, and Southwest Gas was not contacted. Investigator’s Observation:
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 • The contract documents (work proposal and change orders - many unsigned/undated) prepared by Respondent identify: 1) build a new Arizona room, 2)kitchen relocation and remodel, 3) removal of concrete step at entrance, removal of wall between living room and kitchen, removal of soffits, relocation of and/or addition to gas, a/c, electrical, plumbing and mechanical (duct work) systems. • There are no approved plans for this project. The drawings I was provided show the “conversion” of the patio and identify the “area of work” as applying ONLY to the “conversion”. In these plans it shows the kitchen in the new (current) location not the existing location from which Respondent relocated and remodeled the kitchen. It appears that these plans intend to deceive the building official in regard to the extent of work performed by Respondent. • The permit for this project is open. The description for this permit does NOT include any work beyond “Convert existing 240 sf patio into livable Combo Permit: Building, Electrical, Mechanical”. It makes NO reference to the contracted kitchen remodel and relocation OR all of the other permit required work that Respondent has performed. Again, it appears that this description intends to deceive the building official in regard to the extent of work performed by Respondent. • Statute requires that Respondent comply with the code. Code requires that Respondent comply with permit/inspection as required by the local building official for ALL of the work they perform. • Neither the current permit and/or drawings accurately identify the scope of work performed by Respondent. And the permit which misrepresents Respondent’s scope remains open. Respondent should obtain the appropriate permitting and inspections for ALL of the work they have performed. Respondent should provide the Registrar with documentation of closed permit/certificate of occupancy for all of the permit required work. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity
Compliance Item 44: 5.Non-permitted concrete demo/replacement: Former raised interior entry removed to the dirt and replaced level with interior/exterior flooring, front exterior entry slab and walkway was to be completely removed and replaced with new handicapped wheelchair/ stretcher accessible egress for owner/patient emergency medical calls and angled away from the house- instead, sloppy add-on added and is cracking, uneven, and angled improperly without end radius that was requested. Concrete poured on top of existing back patio for room addition to raise
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 floor even with interior floor of house and new patio poured, - when a completely new room was to be built on and floor angled away from house at proper angle, now water pools next to the house on west end of addition. Investigator’s Observation: • The contract documents (work proposal and change orders - many unsigned/undated) prepared by Respondent identify: 1) build a new Arizona room, 2)kitchen relocation and remodel, 3) removal of concrete step at entrance, removal of wall between living room and kitchen, removal of soffits, relocation of and/or addition to gas, a/c, electrical, plumbing and mechanical (duct work) systems. • There are no approved plans for this project. The drawings I was provided show the “conversion” of the patio and identify the “area of work” as applying ONLY to the “conversion”. In these plans it shows the kitchen in the new (current) location not the existing location from which Respondent relocated and remodeled the kitchen. It appears that these plans intend to deceive the building official in regard to the extent of work performed by Respondent. • The permit for this project is open. The description for this permit does NOT include any work beyond “Convert existing 240 sf patio into livable Combo Permit: Building, Electrical, Mechanical”. It makes NO reference to the contracted kitchen remodel and relocation OR all of the other permit required work that Respondent has performed. Again, it appears that this description intends to deceive the building official in regard to the extent of work performed by Respondent. • Statute requires that Respondent comply with the code. Code requires that Respondent comply with permit/inspection as required by the local building official for ALL of the work they perform. • Neither the current permit and/or drawings accurately identify the scope of work performed by Respondent. And the permit which misrepresents Respondent’s scope remains open. Respondent should obtain the appropriate permitting and inspections for ALL of the work they have performed. Respondent should provide the Registrar with documentation of closed permit/certificate of occupancy for all of the permit required work. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:
Compliance Item 1: There was no agreement to do the AZ-Room Investigator’s Observation: Work Proposal appears to contain PART of the scope performed by the Respondent. There are also many unnumbered and unsigned change orders. The Registrar has no authority relative to contractual matters and/or financial disputes. Governing Rule: Not Applicable.
Compliance Item 2: There was no agreement to #1300 for a closet shelves Investigator’s Observation: Work Proposal appears to contain part of the scope performed by the Respondent. There are also many unnumbered and unsigned change orders. The Registrar has no authority relative to contractual matters and/or financial disputes. Governing Rule: Not Applicable.
Compliance Item 3: *He added tasks we never agreed and charged for Investigator’s Observation: Work Proposal appears to contain part of the scope performed by the Respondent. There are also many unnumbered and unsigned change orders. The Registrar has no authority relative to contractual matters and/or financial disputes. Governing Rule: Not Applicable.
Compliance Item 4: Now invoice is $170,000 Investigator’s Observation: The Registrar has no authority relative to financial matters. Governing Rule: Not Applicable.
Compliance Item 5: Never produced a completion date Investigator’s Observation: The Reigstrar has no authority relative to construction schedule/completion. Governing Rule: Not Applicable.
Compliance Item 6: I never signed any contract Investigator’s Observation: Work Proposal appears to contain part of the scope performed by the Respondent. There are also many unnumbered and unsigned change orders. The Registrar has no authority relative to contractual matters and/or financial disputes. Governing Rule: Not Applicable.
Compliance Item 8: ***I bought all material***
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: The Registrar has no authority relative to financial matters. Governing Rule: Not Applicable.
Compliance Item 9: He charged $170,000 for labor and it is bad labor Investigator’s Observation: The Registrar has no authority relative to financial matters. Workmanship concerns are addressed in specific Complaint Items. Governing Rule: Not Applicable.
Compliance Item 12: Please help put a restriction for Creta, Varile to not come close to our property. Investigator’s Observation: Respondent’s license is suspended. If Respondent’s license is currently suspended for administrative reasons1, or is inactive, expired, or cancelled, they may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of their license(s) has been lifted or your license(s) has been reactivated. Governing Rule: Not Applicable.
Compliance Item 13: Fixups/repairs to be done by a 3rd party that is licensed, and he pays the 3rd party. Investigator’s Observation: See Item #12 Governing Rule: Not Applicable.
Compliance Item 16: 11. Wall plates missing in bedroom Investigator’s Observation: Respondent stated that their work is complete, however, wall plates removed by Respondent for painting have not been reinstalled. Respondent should correct by appropriate methods. Governing Rule: Not applicable.
Compliance Item 17: 12. Reverse osmosis system not working Investigator’s Observation: RO is owner furnished/contractor installed. Insufficient evidence of poor work. Manufacture inspection report regarding installation would be considered if provided by Complainant. Governing Rule: Not applicable.
Compliance Item 23: 18. Grout missing in spots Investigator’s Observation: The missing grout I was shown is in an area with a large metal bird cage. Insufficient evidence to substantiate poor work. Governing Rule: Not applicable.
Compliance Item 25: 20. Surround for subzero still laying on patio Investigator’s Observation: Surround is laying outside on patio. Respondent denies that it was part of their scope to install the subzero. Insufficient evidence to substantiate that surround was part of Respondent’s scope.
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: Not applicable.
Compliance Item 27: Please add the front sidewalk to one complaint as it does not seem right for the reason it was to be widened. Investigator’s Observation: No evidence of what was to be done in this location. Insufficient evidence to substantiate poor work. Governing Rule: Not applicable.
Compliance Item 35: 5. Sidewalk is pieced together instead of replaced like told it would be Investigator’s Observation: Same as Item #27. Governing Rule: Not Applicable.
Compliance Item 37: 7. Outlets under eves worked now they don’t Investigator’s Observation: Same as Item #28. Governing Rule: Not Applicable.
Compliance Item 38: 8. Cracks in new stucco on addition Investigator’s Observation: Hairline cracks in stucco are not a workmanship concerns. Governing Rule: Not applicable.
Compliance Item 45: 6. Non-owner approved design of Room Addition format: Rear room add-on was to be completely new with new trusses, new floor, new support beam, and all new materials. Instead, old patio was enclosed for room with the existing slanted patio roof, no new trusses, and using our old 40-year-old drywall just to make a cheap enclosure. Room is slanted and uneven, large support beam is crooked as well, water pools near house, stucco all cracked and was not cured properly, paint peeling off of exterior doors- looks like interior latex was used. Investigator’s Observation: Design addressed in Item #1. Lack of permit/inspection addressed in numerous complaint items. Beam addressed in Item #11 & #14. Water pooling addressed in Item #31. Stucco addressed in Item #38. Peeling paint on exterior doors addressed in Item #30. Governing Rule: Not Applicable
Compliance Item 46: 7. Incomplete punch list for job that commenced 12/2022: missing plate covers W. front bedroom, missing door seals, structural deviation above freezer in kitchen, missing grout, cabinets not adjusted, missing surround for refrigerator, incomplete j-box hole drywall repair & capped electrical in master bath, broken mirrors on owner purchased lighted LED bath vanity cabinets, hall bath door frame left unpainted, RO system not working, pantry contracted and billed was completed by owner, etcetera-over 90% of all materials were supplied by homeowner.
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: Missing plate covers addressed in Item #11. Door seals addressed in Item #18. Structural deviation/wall above freezer addressed in Item #26. Missing grout addressed in Item #23. Cabinet adjustment addressed in Item #24. Refrigerator surround addressed in Item #25. Incomplete abandoned electric drywall repair addressed in Item #22. Mirors addressed in Item #7. RO addressed in Item #12. Billing/financial matters are outside of the authority of the Registrar. Governing Rule: Not Applicable.
Compliance Item 47: 8. To reiterate, we feel a full review and assessment of all work performed at this location is necessary for our safety along with a full assessment of the legality of the Creta Group (under all assumed names) to contract or perform said work in light of the problems we have experienced throughout this as yet incomplete job. Please contact us if you have any questions, Investigator’s Observation: The Registrar does not perform reviews/assessments to determine compliance. The Complainant bears the burden of proof relative to identification and evidence of poor work and/abandonment. Governing Rule: Not Applicable.
Please direct all questions regarding this Directive to the undersigned Investigator.
Sincerely, Lisa Melton Investigator #206 (602) 771-6736 [email redacted] 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 C009 12/23 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Donald Wayne Vaughan, Case No. 2024-01588 COMPLAINANT, v. The Creta Group LLC, CITATION License No. ROC 318688, RESPONDENT.
The Registrar issues this Citation to The Creta Group LLC (“Respondent”) under A.R.S.
§ 32-1155(A). If Respondent fails to answer this Citation by September 5, 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 6, 2024, Donald Wayne Vaughan (“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(b)
Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b):
A contractor shall perform all work in accordance with any applicable
building codes and professional industry standards. For work to be performed
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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 accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity. Charge: 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. 2024-01588. 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 September 5, 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 August 21, 2024. By: /s/ Meridith Bell Meridith Bell Legal Assistant II Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, August 21, 2024 to: Respondent Certified Mail No: [number redacted] The Creta Group LLC 3844 N. 24th St. Phoenix, AZ 85016 Copy mailed by USPS First Class mail this same date to: Respondent The Creta Group LLC 3844 N. 24th St. Phoenix, AZ 85016 Complainant Donald Wayne Vaughan 4742 W. El Caminito Drive Glendale, AZ 85302 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. 2024-01588 /
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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 Received by Investigations 02/06/2024 2024-01588 Licensed Complaint Form Departmental Use Onlv For Current or Suspended Licensees Mail to: RECEIVEI ComPlaint Number: Regislrar of Contractors FEB067' P.O. Box 18243 Phoenix, AZ 85005€243 INVESTIGATIONS
ull Middt€ Lastl Business Name (ifa licensed cont"aclor or supplier) ROC Licenso Numbe(E) (if any) Uor*ne Vauq\ran TL C-ro},l Ar-rro tc 3IE LW, Mailing Address (Enter jUbsite in contra@ect section) State Zp !.1!U W. ttGr'rini{o \tr Phone Nurnbgr Hr*a"r" Email Az- aB"oa t*lj- gd-dtw, -ldnotA'r.J Vo"Jr$a v,a ltno . .ora\ Imnsent to receive comm unications electronically in toHnu"tiiiwlfi ti'i;; @; ON. Nam6 of Attomey (it anyi
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f"rl-M-61ru S*qlA t,t) Vaua han e.taa"l,ro . @jrvt TIis complaint is fo, tlnf, ^"r& jontk Abandonment r Work Other I have contacted the contraJtJi 5y p[qp Q Phone QEmail Qletter QN/A Have you filed a complaint in court?'A[ O Yes ONo QN/A lf yes, provide a copy of civil complaint Has any work been conected? $fl O Yes ONo lf yes, by whom? Thecontractwas d tZO afl + O Written Q Oral OBoth All change orders wiieg.r.l This project was -^ lil@l O Written O Oral O Both ON/A O Commercial OResidential OOn Tribal Land This project involved O New Home dRemodel O Repair Oother A building permit was obtained by OContractor OProperty Owner OBuilding permit # \L{ It< c.ru*.^
RCC099 12105/18 Received by Investigations 02/06/2024 2024-01588 Licensed Complaint Form For Gurrent or Suspended Licensees RECEIVEN FEB 0 6 202[
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I declare under penafty of perjury that the information and documents contained on this Complaint Form, included with this complaint, or hereafter submitted in support f this complaint are true and accurate to the best of my knowledge. I w// assisl rn the investigat, or ln the prosecution of the contractor or other rlles and will, if n sa a tte d h e a nn s te fo facts.
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#39;(')*ÿ,,-!.ÿ/0 12324ÿ56ÿ/7895:3ÿ038;ÿ<ÿ=>?-ÿ74@A5:@4ÿ74B37?8:BÿC5DA;38:2ÿEÿ! )<!,(.. Legal 012ÿ45206ÿ7589 9/04/2024ÿ
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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